IMAGE  EVALUATION 
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Photogmphic 

Sciences 
Corporation 


23  WEST  MAIN  STREET 

WEBSTER,  N.Y.  14580 

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Microfiche 

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Collection  de 
microfiches. 


Canadian  Institute  for  Historical  Microreproductions  /  Institut  Canadian  de  microreproductions  historiques 


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TecKnical  and  Bibliographic  Notes/Notes  techniques  et  bibliographiques 


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une  image  reproduite,  ou  qui  peuvent  exiger  une 
modification  dans  la  m^thode  norniale  de  fiima^se 
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Couverture  restaur6e  et/ou  pellicui6e 


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10X  14X  18X  22X 


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The  copy  filmed  here  has  been  reproduced  thanks 
to  the  generosity  of: 

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de  la  nettet6  de  l'exemplaire  film^,  et  en 
conformity  avec  les  conditions  du  contrat  de 
filmage. 


Original  copies  in  printed  paper  covers  are  filmed 
beginnipg  with  the  front  cover  and  ending  on 
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sion, or  the  back  cover  when  appropriate.  Ail 
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sion,  and  ending  on  the  last  page  with  a  printed 
or  illustrated  impression. 


The  last  recorded  frame  on  each  microfiche 
shall  contain  the  symbol  — ^>  (meaning  "CON- 
TINUED "),  or  the  symbol  V  (meaning  "END  "), 
whichever  applies. 


Les  exemplaires  originaux  dont  la  couverture  en 
papier  est  imprim6e  sont  film^s  en  commencant 
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premiere  page  qui  comporte  une  empreinte 
d'impression  ou  d'illustration  et  en  terminant  par 
la  dernidre  page  qui  comporto  une  telle 
empreinte. 

Un  des  symboles  suivants  apparaitra  sur  la 
dernidre  image  de  cheque  microfiche,  selon  le 
cas:  le  symbols  — ►  signifie  "A  SUIVRE",  le 
symbole  V  signifie  "FIN". 


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different  reduction  ratios.  Those  too  large  to  be 
entirely  included  in  one  exposure  are  filmed 
beginning  in  the  upper  left  hand  corner,  left  to 
ripht  and  top  to  bottodi,  as  many  frames  as 
required.  The  following  diagrams  illustrate  t^e 
method: 


Les  cartes,  planches,  tableaux,  etc.,  peuvent  dtre 
filmds  d  des  taux  de  reduction  diffdrents. 
Lorsque  le  document  est  trop  grand  pour  dtre 
reproduit  en  un  seul  clich6.  il  est  filmd  d  partir 
de  Tangle  supdrieur  gauche,  de  gauche  d  droite, 
et  de  haut  en  bas,  on  prenant  le  nombre 
d'images  ndcessaire.  Les  diagrammes  suivants 
illus'.ent  la  m6thode. 


1 

2 

3 

1 

2 

3 

4 

5 

6 

Congress 


SOth 

1st  iSession. 


'\ 


SENATTi:. 


Ex.  Doc. 
No.  113. 


MESSAGE 

FROM   THE 


PRESIDENT  OF  THE  UNITED  STATES, 


TUAN8M1TT1XG 


A  letter  of  the  Secretary  of  State^  with  the  correspondence  relative  to  the 

proposed  Jisheries  treaty. 


"■  iN  EXKCUTIVE  ;SE88I0N, 

Senate  ov  the  United  States, 

March  5,  18.S8. 

Rcsolvid,  That  the  mespage  of  the  Presuleut  of  the  «lato  of  March  5,  lt<88,  transniit- 
tin<?  certain  documoutH  aud  correspondence  in  rehition  to  the  recent  negotiations  with 
Great  Brituin  concerning  American  ftsiiery  interests  in  British  Nortli  American  waters, 
be  prinltKl,  and  that,  nnder  the  direction  of  the  Committee  on  Printing,  nil  connnu- 
iiiciitions  liithfTto  made  by  the  President  or  the  Secretary  of  State  to  either  Ikiuho 
npon  the  tisheries  question,  and  in  relation  to  the  wuznre  of  fishing  vessels  of  the 
United  States  in  the  ports  or  waters  of  Great  Britain  or  her  dependencies,  of  date 
8ubse<inent  to  the  4tli  day  of  March,  1877,  bo  reprinted  in  connection  with  the  docu- 
mcMls  transmitted  by  said  message,  includiug  all  the  evidence  taken  before  the  Com- 
mittee on  Foreign  Kelatious  of  the  Senate  and  the  report  thereon,  and  that  the 
injunction  of  secrecy  bo  removed  from  the  docum3uts  proposed  to  be  printed  in  this 
resolution. 

Attest :  Anson  G.  McCook, 

£ocreta:-y. 


Executive  Mansion, 

Washington,  March  3,  1888. 
To  the  Senate  and  House  of  Representatives  : 

I  herewith  tniiismit  a  letter  from  the  Secretary  of  State,  accompanied 
by  (locuineuts  and  correspondence  in  relation  to  the  recent  negotiatiousi 
with  Great  Britain  concerning  American  ilshing  interests  in  British 
North  ^^.merican  waters. 

Geover  Cleveland. 


To  the  Peesident  : 

I  have  now  the  honor  to  submit  to  you,  with  a  view  of  its  being  cora- 
ninnicated  to  the  Congress,  the  correspondence  that  Ijas  taken  i)laco 
between  this  Department  and  the  Government  of  Great  Britain  since 
November,  1880,  and  up  to  the  present  time,  In  relation  to  the  ttcat- 
inent  of  American  Ashing  vessels  in  the  territorial  waters  of  British 
Nortij  America. 

This  correspondence  is  accomj)anied  by  the  i)r()tocol8  of  tho  confer- 
ences which  i^receded  the  conclusion  of  the  treaty  between  the  United 


THE   FISHERIES   QUESTiOK. 


{•:■ 


States  and  Great  Britain,  in  relation  to  the  sul))eet  H-fcrnd  to,  anil 
which  hafM)eeu  made  pnblic  by  order  of  the  Wenatc,  in  ari;uitl.ini:t' 
with  yonr  recommendation. 

Tho  documents  now  transraittod  complete  the  liiHtory  of  the  tians- 
actions  which  had  as  a  result  the  conclusion  of  the  treaty  referred  to 
and  jilready  published. 

The  last  publication  on  tie  subject  was  contained  in  ihe  volume  of 
correspondence  on  foreign  relations  of  188G,  and  it  is  highly  important 
that  the  entire  history  of  the  transactions  to  which  it  rehites  should  be 
V)rought  to  the  knowledge  of  the  people  of  the  ITui'-'id  States,  and  as 
soon  as  possible.  An  iuspestiou  of  this  documentary  History  will  serve 
to  demonstrate  the  practical  and  important  results  accomplished  by  the 
treaty  now  pending  before  the  Senate,  by  which  the  question  of  the 
interpretation  and  administration  of  the  treaty  of  1818,  between  the 
United  States  and  Great  Britain,  is  transferred  and  elevated  from  the 
obscurity  with  which  it  had  been  suttbved  to  lapse  since  the  date  of 
that  convention,  and  restored  from  the  practical  control  of  minor  and 
local  otiicials  of  the  Canadian  maritime  provinces. 

Until  the  treaty  now  pending  was  concluded  no  available  remedy 
seems  to  have  been  supplied  for  the  inconsistencies,  incongruities,  and 
unjustifiable  construction  of  the  treaty  of  1818  to  which  our  fishermen 
had  for  year  after  year  been  subjected,  and  which,  by  the  progress 
of  gradual  encroachments  ol'  Canadian  legislation  and  local  port  regu- 
lations, had  almost  converted  their  privileges,  expressly  reserved  by 
treaty,  into  sources  of  inconvenience  and  expense. 

An  examination  of  the  published  lists  contained  in  this  correspond- 
ence and  laid  before  Congress  will  disclose  that  tne  pretexts  or  causes 
alleged  for  the  arrests,  fires,  detentions,  and  other  harassment  of 
American  fishing  vessels  during  the  years  1886  and  1887,  were  based 
upon  alleged  infractions  o'  the  treaty  of  1818,  or  of  Canadian  liiwp 
passed  in  professed  execution  of  that  treaty. 

All  such  vexatious  action  as  is  recorded  in  the  list  of  seizures,  etc., 
is  met  and  rendered  impossible  of  occurrence  in  the  future  by  the  pro- 
visions of  the  treaty  now  before  the  Senate ;  and  the  amplest  enjoy- 
ment by  United  States  fishermen  of  treaty  rights,  and  the  customary 
hospitality  due  under  international  law  and  comity,  is  secured  in  the 
ports  ail  1  harbors  of  Eastern  Canada  and  Newfoundland. 

The  correspondence  will  servo  also  to  establish  the  fact  that  prior  to 
the  treaty  of  reciprocity  of  1864,  and  subsequent  to  its  abrogation,  and 
in  the  years  1870  and  3871,  the  vexatious  and  harassing  administra- 
tion by  the  Canadian  authorities  was  practiced  and  unchecked. 

As  neither  the  treaty  of  1854  nor  that  of  1871  contained  any  allusion 
to  the  wrongs  thus"  inflicted  upon  United  States  fishermen,  and  as 
neither  convention  con xained  any  remedy  or  provision  against  their 
renewal  and  repetition,  it  became  necessary  that  such  a  remedy  should 
no  longer  be  unprovid(3d. 

It  is  believed  that  such  a  remedy  is  practically  and  fully  supplied  by 
the  treaty  now  pending,  and  that  by  its  terms,  now  and  for  the  first 
time  since  1818,  a  just  and  joint  interpretation  is  agreed  to  by  both 
governments  and  placed  upon  the  treaty  of  1818,  which  will  secure 
iust  and  hospitable  treatment  to  the  United  States  fishermen  and  secure 
to  them  unmolested  the  full  measure  of  their  rights  under  that  in- 
strument, and  that  under  the  proposed  arrangement  every  American 
fisherman  pursuing  his  vocation  in  the  waters  adjacent  to  British  North 
America  can  acquire  a  clear  understanding  of  his  rights  and  duties 
while  within  the  jurifidictional  watersof  Canada  or  Newfoundland;  and 


ill    iUrcul'd.iiHL' 


lit'  Nolmne  of 
li'y  important 
ites  should  be 
tates,  aijtl  as 

^I'y  will  serve 
lishecl  by  tho 
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ible  remedy 
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11'  fishermen 
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I  port  rega- 
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uorrespond- 
t«  or  causes 
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zures,  etc., 
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lesfc  enjoy- 
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ired  in  the 

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ly  allusion 
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pplied  by 

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lid  secure 

that  in- 
American 
8b  North 
<1  <Iuties 
uitl;  and 


THE    FISHERIES    QUESTION.  || 

jthat  1-0  may  rosort  to  ftucli  porta  and  harbors  as  casualty,  necessitv  or 
comviucnce  may  aufrgest  without  fear  of  encountering  .^uch  harsh  and 
unlnondly  treatment  as  he  was  heretofore  subjected  to  under  uncertain, 
unwarranted,  and  variant  interpretations  of  bis  treatv  liirhtH 

I     Respectfully  submitted.  ** 

Department  of  State,  ^*  ^'  ^^^^»»- 

Washington,  March  6,  1888.         * 


List  of  accompanying  papers. 


No.  1.  Extract  from  Foreign  Relations,  1887. 

No.  a,  Mr.  Bayard  to  Mr.  Phelps.    No  659fti«  Tnlv  19  user  •»,wi.  s     i 

No.  3.  Protocols  of  the  conformances  of  the  neeotiatorB!'     '*^  '»«1««"'««- 


No.  1. 


EXTRACT  FROM  FOREIGN  RELATIONS.  1887, 


Fo.  207. 


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Mr.  Bayard  to  Mr.  Phelps. 

No.  458.]  Department  of  State, 

Washington,  November  12, 1886. 

Sru  :  •  *  *  I  liavo  already  written  you  askinj?  whether  from  the 
Britisii  foreign  oflice  you  could  obtain  a  copy  of  the  report  first  madi^ 
by  the  ollicer  in  command  of  the  Canadian  vessel  by  whom  the  schooner 
David  J.  Adams  was  seized,  and  you  will  perceive  from  the  reply  of 
Mr.  Graham,  who  represents  the  Canadian  Uovornment  in  the  suit  in 
the  vice-admiralty  coui't  at  Ualifax,  tluit  he  declines  to  promise  to  pro- 
duce the  reports  made  by  these  ollicers.at  the  time  of  the  seizure,  in 
which  the  causes  for  such  action  would  naturally  be  set  forth. 

In  the  course  of  your  correspondence  or  conversation  witli  Lord  Id- 
dlesleiftii  it  might  be  well  to  draw  his  attention  to  the  difficulties  thrown 
in  tJje  way  of  tlie  American  fisherman  in  not  being  permitted  to  learn 
the  nature  an<l  extent  of  the  offense  with  which  they  were  cliarged,  and 
so  be  compelled  to  go  to  trial  without  those  certainties  of  aUegation 
which  are  held  in  courts  of  justice  to  be  incumbent  upon  the  claimant 
belore  he  is  entitled  to  recover  in  any  suit. 

It  really  apj>ears  that  this  method  of  Canadian  procedure  is  belittling 
the  important  principles  iivolved  in  the  internation.il  questi(m  now 
under  consideration  between  the  Uuited  (States  and  Great  Britain. 
I  am,  utc.| 

T.  F.  Bayaed. 


No.  298. 

Mr.  Bayard  to  Mr.  Phelps, 

No.  459.]  Department  of  State, 

'  Washington,  November  15, 188G. 

Sir:  The  season  for  taking  mackerel  has  now  closed,  and  I  under- 
stand the  marine  police  force  of  the  territorial  waters  in  British  North 
America  has  been  withdrawn,  so  that  no  further  occasion  for  the  ad- 
ministration of  a  strained  aiul  vexatious  constrnction  of  tlie convention 
of  1818,  between  the  United  States  and  Great  Britain,  is  likely  for  sev- 
eral months  at  least. 

During  this  period  of  comi)arativo  serenity,  I  earnestly  hope  that 
such  measures  will  be  adopted  by  those  charged  with  the  administra- 
tion of  the  respective  Governments  as  will  prevent  the  renewal  of  the 
proceedings  wittu'ssed  during  the  jiasb  fishing  season  in  the  ports  and 
harbors  of  Nova  Scotia,  and  at  other  points  in  the  maritime  ])rovinces 
of  the  Dominion,  by  which  citizeuij  of  the  United  States  engaged  in 


THE    riSHERlKS    QUl'^STION. 


ft 


open  sou  flshinfj  were  subjected  to  mnch  unjust  and  nn friendly  treat- 
uuMit  by  the  bxial  autliorities  in  those  regions,  and  thereby  not  ojily 
KutTcred  serious  loss  in  their  lejjitiinato  i)ursnit,  but,  by  the  fear  of  an- 
noyanee,  whicii  was  conveyed  to  others  liliewise  employed,  the  general 
business  of  open-sea  fishing  by  citizens  of  the  United  States  was  im- 
portantly injured. 

My  instructions  to  you  during  the  period  of  these  occurrences  have 
from  time  to  time  set  forth  their  regrettable  character,  and  they  have 
also  been  brought  ])romptly  to  the  notice  of  .the  representative  of  Her 
Majesty's  Government  at  this  capital. 

These  representations,  candidly  and  fully  made,  have  not  produced 
those  results  of  checking  the  unwarranted  interference  (frequently  ac- 
co;npanied  by  rudeness  and  an  unnecessary  demonstration  of  force)  with 
the  rights  of  our  fishermen  guarantied  by  express  treaty  stii)ulation8, 
and  secured  to  them — as  I  confidently  believe — by  llie  ))ublic  conuner- 
cial  laws  and  regulations  of  the  two  countries,  and  wliicli  are  demanded 
by  the  laws  of  hospitality  to  which  all  friendly  civilized  nations  owe 
allegiance.  Again  I  beg  that  you  will  invite  Her  Majesty's  coui-^solors 
gravely  to  consider  tlie  necessity  of  preventing  the  repetition  of  con- 
duct on  the  part  of  the  Canadian  officials  which  may  endanger  the 
peace  of  two  kindred  and  friendly  nations. 

To  this  end,  and  to  insure  to  the  inhabitants  of  the  Dominion  the  ef- 
ficient jirotection  of  the  exclusive  rights  to  their  inshore  fisheries,  as 
provided  by  the  convention  of  1818,  as  well  as  to  prevent  any  abuse  of 
the  privileges  reserved  and  guarantied  by  that  instrument  forever  to 
the  citizens  of  the  rjnited  States  engaged  in  fishing,  and  responding  to 
tlie  suggestion  made  to  you  by  the  Earl  of  Iddesleigh,  in  the  month  of 
September  last,  that  a  modus  vivendi  should  be  agreed  upon  between 
the  two  countries  to  prevent  encroachment  by  American  fishermen  upon 
the  Canadian  inshore  fisheries,  and  equally  to  secure  them  from  all  mo- 
lestation when  exercising  oidy  their  jnst  and  ancient  rights,  I  now  in- 
close the  draft  of  a  memorandum  which  you  may  propose  to  Lord  Id- 
desleigh, and  which,  I  trust,  will  be  found  to  contain  a  satisfactory  ba- 
sis for  the  solution  of  existing  difliculties,  and  assist  in  securing  an  as- 
sured, just,  honorable,  and,  therefore,  mutually  satisfactory  settlement 
of  the  long- vexed  question  of  the  North  Atlantic  fisheries. 

I  am  encouraged  in  the  expectation  that  the  projiositions  embodied 
in  the  memorandum  referred  to  will  be  acceptable  to  Her  Majesty's  Gov- 
ernment, because,  in  the  month  of  April,  18G0,  Mr.  Seward,  then  Sec- 
retary of  State,  sent  forward  to  Mr.  Adams,  at  that  time  United  States 
minister  in  London,  the  draft  of  a  protocol  which  in  substance  coincides 
with  the  first  article  of  the  proposal  now  sent  to  you,  as  you  will  see  by 
reference  to  Vol.  1  of  the  U.  S.  Diplomatic  Corresjiondence  for  1806,  p. 
98  et  seq. 

I  find  that,  in  a  iiublished  instruction  to  Sir  F.  Bruce,  then  Her  Maj- 
esty's minister  in  the  United  States,  under  date  of  May  IJ,  1866,  the 
Earl  of  Clarendon,  at  that  time  Her  Majesty's  secretary  of  state  for 
foreign  affairs,  approved  them,  but  declined  to  accept  the  final  propo- 
sition of  Mr.  Seward's  protocol,  which  is  not  contained  in  the  memoran- 
dum now  forwarded. 

Your  attention  is  drawn  to  the  great  value  of  these  three  propositions, 
as  containing  a  well  defined  and  practical  interpretation  of  Article  1  of 
the  convention  of  1818,  the  enforcement  of  which  co-operatively  by  the 
two  Governments,  it  may  reasonably  be  hoped,  will  eflBciently  remove 
those  causes  of  irritation  of  which  variant  constructions  hitherto  have 
been  so  unhappily  fruitful. 


^ 


THE   FISHERIES   QUESTION. 


In  propoRini^  the  adoption  of  a  width  of  ten  miles  at  the  month  as  ft 
nropci'  delinitiun  of  tho  ba.\'H  in  which,  exc(>i>t  on  certain  specitiud  coaata. 
he  tiHberuien  of  the  United  StatcH  are  not  to  take  fi^h,  I  have  followed 
/ue  exauiplti  fnriiiMhed  by  France  and  Great  Britain  in  their  convention 
bigned  at  Paris,  on  the  2d  of  Augnst,  1.S30.  This  definition  was  re- 
feired  to  and  apjiroved  by  Mr.  Bates,  tho  umpire  of  thecouiinission  un- 
der the  treaty  of  1853,  iu  thecaseofthe  United  States  fishing  schooner 
Washington,  and  has  since  been  notably  approved  and  adopted  in  the 
convention  signed  at  The  Hague,  in  1882,  and  subsequently  ratified,  in 
relation  to  fishing  in  the  North  Sea,  between  Germany,  Belgium,  Den- 
mark, France,  Great  Britain,  and  the  Netherlands. 

The  present  memorandum  also  contains  provisions  for  the  usual  com- 
mercial facilities  allowed  everywhere  for  the  promotion  of  legitimate 
trade,  and  nowhere  more  fully  than  in  British  ports  and  under  the  com- 
mercial policies  of  that  nation.  Such  facilities  can  not  with  any  show 
of  reason  be  denied  to  American  fishing-vessels  when  plying  their 
vocations  in  deep  sea  fishing  grounds  in  the  localities  open  to  them 
equally  with  other  nationalities.  The  convention  of  1818  inhibits  the 
"taking,  drying,or  curing  fish"  by  American  fishermen  in  certain  waters 
and  on  certain  coasts,  and  when  these  objects  aie  effected,  the  inhibi- 
tory features  are  exhausted.  Everything  that  may  presumably  guard 
against  an  infraction  of  these  i)rovision8  will  be  recognized  and  obeyed 
by  the  Government  of  the  United  States,  but  should  not  be  pressed 
beyond  its  natural  force. 

By  its  verj  terms  and  necessary  intendment,  the  same  treaty  rec- 
ognizes the  continuance  permanently  of  the  accustomed  rights  of  Anier- 
ican  fishermen,  in  those  ])laces  not  embraced  in  the  renunciation  of  the 
treaty,  to  jjrosecute  the  business  as  freely  as  did  their  forefathers. 

No  construction  of  the  convention  of  1818  that  strikes  at  or  impedes 
the  open-sea  fishing  by  citizens  of  the  United  States  can  be  accepted, 
nor  should  a  treaty  of  friendship  be  tortured  into  a  means  of  such 
oflense,  nor  should  such  an  end  be  accomplished  by  indirection.  There- 
fore, by  causing  the  same  port  regulations  and  commercial  rights  to  be 
applied  to  vessels  engaged  therein  as  are  enforced  relative  to  other 
tiading  craft,  we  propose  to  prevent  a  ban  from  being  put  upon  the 
lawful  and  regular  business  of  open-sea  fishing. 

Arrangements  now  exist  between  the  Governments  of  Great  Britain 
and  France,  and  Great  Britain  and  Germany,  for  the  submission  in  the 
first  instance  of  all  cases  of  seizure  to  the  joint  examination  and  decis- 
ion of  two  discreet  and  able  commanding  officers  of  the  uavy  of  the  re- 
spective countries,  whose  vessels  are  to  be  sent  on  duty  to  cruise  in  the 
waters  to  be  guarded  against  encroachment.  Copies  of  these  agree- 
meuts  are  herewith  inclosed  for  reference.  The  iulditional  feature  of 
an  umpire  in  case  of  a  difference  of  opinion  is  borrowed  from  the  terms 
of  Article  1  of  the  treaty  of  June  5,  1854,  between  the  United  States 
and  Great  Britain. 

This  same  treaty  of  1854  contains  in  its  first  article  provision  for  a 
ioint  commission  for  marking  the  fishing  limits,  and  i&  therefore  a  nre- 
cedent  for  the  present  proposition. 

The  season  of  lS8t>  for  inshore  fishing  on  the  Canadian  coasts  has 
come  to  an  end,  and  assuredly  no  lack  of  vigilauce  or  promptitude  iu 
making  seizures  ciin  be  ascribed  to  the  vessels  or  the  maiiue  police  of 
the  Dominion.  The  record  of  their  operations  discloses  but  a  single 
American  vessel  found  violating  the  inhibitions  of  the  conveution  of 
1818,  by  fishing  withia  three  marine  miles  of  the  coast.  The  numerous 
seizures  made  h&ve  been  of  vessels  quietly  at  anchor  in  established 


THE   FI9HEUIKS   QUESTION.  7 

ports  of  entry,  nnder  cb  cges  wbich,  up  to  this  day,  liftvo  not  been  par- 
tieularizeil  8nf!lciently  to  allow  of  an  intelligent  defense.  Not  one  lias 
been  condemned  after  trial  and  bearln{r,  but  many  have  been  lined 
without  hearing  or  judgment,  for  technical  viofations  of  alleged  com- 
mercial regulations,  although  all  commercial  privileges  have  been  sim- 
ultaneously denied  to  them.  lu  no  instance  has  any  resistance  been 
offered  to  Canadian  authority,  even  when  exercised  with  useless  and 
irritating  provocation. 

It  is  trusted  that  the  agreement  now  proposed  may  be  readily  ac- 
cepted by  Her  Majesty's  ministry. 

Should  the  Earl  of  Iddesleigh  express  a  desire  to  possess  the  text 
of  this  dispatch,  in  view  of  its  intimate  relation  to  the  subject-mat- 
ter of  the  niemorandum  and  as  evidencing  the  sincere  and  cordial  dis- 
position which  prompts  this  proposal,  you  will  give  his  lordship  a  copy. 
I  am,  sir,  your  obedieut  servant, 

T.  F.  Bayaed. 


(Inolosnre  1  In  No.  450.] 

Propoialtfor  scttlemeni  of  all  giie»(»on«  in  dispute  in  relation  to  the  fiiheriei  on  the  north' 
eOBtern  coasts  of  British  Xorth  A  vierica. 

Whereas  in  the  first  article  of  the  convention  between  the  United  States  and  Great 
Britain,  concluded  and  signed  in  London  on  the  20th  of  October,  1818,  it  was  aj^reed 
between  the  high  contracting  partiis  "that  the  inhabitants  of  tlie  said  United  States 
shall  have  forever,  in  common  with  the  subjects  of  His  Britannic  Majesty,  the  liberty 
to  take  fish  of  every  kind  on  that  part  of  tue  southern  coast  of  Newfoundland  which 
extends  from  Cat'®  Rny  to  the  Raniean  Islands,  on  the  western  and  northern  const  of 
Newfoundland,  from  the  said  Cape  Kay  to  the  Qiiirpon  Islands,  on  the  shores  of  the 
Magdalen  Islands,  and  also  on  the  coasts,  bays,  harbors,  and  creeks,  from  Mount  Joly 
on  the  southern  coast  of  Labrador  to  and  through  the  StIbJts  of  Belleisle ;  and  thence 
northwardly  indefinitely  along  the  coast,  without  prejudice,  however,  to  any  of  the 
exclusive  rights  of  the  Hudson's  Bay  Company;  and  that  the  American  fishermen 
shall  also  have  liberty  forever  to  dry  and  cure  fl.sh  in  any  of  the  unsettled  bays,  har- 
bors, and  creeks  of  the  southern  part  of  the  coast  of  Newfoundland,  hero  above  de- 
scribed, and  of  the  coast  of  Labrador ;  but  so  soon  as  the  same,  or  any  portion  thereof, 
shall  be  settled,  it  shall  nut  be  lawful  for  the  said  fishermen  to  dry  or  euro  fish  at  such 
portion  so  settled  without  previous  a^^reement  for  such  picpose  with  the  inhabitants, 
proprietors,  or  possessors  of  the  ground;"  and  was  declared  that  "the  United  States 
hereby  renounce  forever  any  liberty  heretofore  enjoyed  or  claimed  by  the  inhabitants 
thereof  to  take,  drv,  or  cure  fish  on  or  within  3  marine  miles  of  any  of  the  coasts, 
bays,  creeks,  or  haruors  of  His  Britannic  Majesty's  dominions  in  America  not  included 
within  the  above-mentioned  limits:  Provided,  hoirever,  That  the  American  fishermen 
shall  be  admitted  to  eirter  such  bays  or  harbors  for  the  purpose  of  shelter,  and  of  re- 
pairing damages  therein,  of  purcha.siug  wood,  and  obtaining  water,  and  for  no  other 
purpose  whatever.  But  they  shall  be  under  such  restriction  as  niiiy  be  necessary  to 
prevent  their  taking,  drying,  or  curing  fish  therein,  or  in  any  other  manner  whatever 
abusing  the  privileges  hereby  reserved  to  them ;  "  and  whereas  diflferenoes  have  arisen 
in  regard  to  the  extent  of  tlie  above-mentioned  renunciation,  the  Government  of  the 
ITnited  States  and  Her  Majesty  the  Queen  of  Great  Britain,  being  equally  desirous  of 
avoiding  further  misunderstanding,  agree  to  appoint  a  mixed  commission  for  the  fol- 
lowing purposes,  namely : 

(1)  To  agree  upon  and  establish  by  a  series  of  lines  the  limits  which  shall  separate 
the  exclusive  from  the  common  right  of  fishing  on  the  coasts  and  in  the  adjacent 
waters  of  the  British  North  American  colonies,  in  conformity  with  the  first  article  of 
the  convention  of  1818,  except  that  the  bays  and  harbors  from  which  American  iish- 
ermen  are  in  the  future  to  be  excluded,  save  for  the  purposes  for  which  entrance  into 
bays  and  harbors  is  permitted  by  saiil  article,  are  hereby  agreed  to  be  taken  to  be 
such  bays  and  harbors  as  are  iO  or  less  than  10  miles  in  width,  and  the  distance  of  3 
marine  miles  from  such  bays  and  harbors  shall  be  measured  from  a  straight  line 
drawn  across  the  bay  or  harbor,  in  the  part  nearest  the  entrance,  at  the  first  point 
where  the  width  does  not  exceed  10  miles;  the  said  lines  to  be  regularly  numbered, 
duly  described,  and  also  clearly  marked  on  charts  prepared  in  duplicate  for  the  pur- 
pose. 


THE    FISIIKRIKH    QUKSTION. 


(2)  To  agrvei  npnu  miil  nntnltliNli  mu;)\  roguliitioiiH  at  n:r>..v  bo  iiouuHHnry  ami  iiropor 
to  H«curo  to  the  liHlioriiinn  uf  tliu  Uiiitiul  Mtiitcn  tlio  i)rivileKO  <>f  oiiteriiiK  I>ii)'h  iinil 
bnrbors  for  tho  piirpoHO  of  shultiT  uiul  of  rcixtiriiig  ({itin(if{i<H  tliitriiiii,  of  |iiir(^liiiNiii){ 
wood,  anil  of  olitaiiiiiiK  water,  uiid  to  u^rco  ii|>oii  iinil  <!HtiililiHli  hiicIi  r<-Htri<'tioiiM  im 
may  bo  iicccHHary  to  provont  tlio  abiiw  of  the  privilogo  i«nervetl  by  Maid  convoiitiou 
to  tliu  n.>4herrii()ii  of  tho  United  8tatoH. 

(.1)  To  ngr*>o  upon  and  rocoinniund  thn  ponalticH  to  bo  adjiidfrod,  and  nnch  procood- 
Ui^iH  and  jiirif'diction  im  may  bo  neceiwary  to  H«onro  a  Hpeedy  trial  and  jndKniont  with 
an  litlh)  (■xi)onN'>  an  ]ioHHiblo,  for  the  violatorH  of  riKhtH  and  tho  tranHgrt-HmtrH  of  thu 
liniitH  and  I'^HtriotioiiM  which  niav  bo  hereby  adopted : 

Provided,  .'lowover,  that  tho  litiiitu,  reBtrictions,  and  roffulatlons  whjch  may  be 
aKreed  upon  by  tho  naid  coininirtHion  Hhall  not  be  iiual,  nor  nave  any  ettoct  until  ho 
Jointly  confirmed  and  declared  by  the  United  Utatea  and  llor  MajoHty  th.e  Queeu  of 
Great  Uritaiu,  either  by  treaty  or  by  laws  mutually  ackuowledgod. 

Article  II.  '  <         •' 

Pending  a  doflnitive  arrangement  on  the  flubject,  Her  Rritannio  Majesty's  Oovorn- 
ment  agree  to  instrnct  the  proper  colonial  and  other  British  otflcerii  to  abstain  from 
Hoizing  or  moloHting  (iHhing  voshcIs  of  tho  United  States  uuIdhh  thoy  are  found  within 
thn-o  marine  miles  of  any  of  th'.  coadts,  baj's,  creeks,  and  liarbors  of  Ilor  Britannic 
Majesty's  dominions  iu  America,  there  tlshing,  or  to  have  boon  llshing,  or  preparing 
to  li.th  within  thuse  limits,  not  inclu<lod  within  the  limits  within  which,  under  tho 
treaty  of  1H18,  the  fishermen  of  the  Uidted  States  contiuuo  to  retain  a  common  right 
of  fishery  with  Her  Britannic  Majesty's  subjects. 

Article  III. 

For  the  purpose  of  executing  Article  I  of  tho  convention  of  1818,  the  Government  of 
tlio  Uuitetl  States  and  tho  Goverumont  of  Hor  Britauuio  Majesty  hereby  agree  to  send 
each  to  the  Gulf  of  St.  Lawrence  a  national  vossol,  and  also  one  each  to  cniiso  dur- 
ing the  lishinji  Roason  on  tho  southern  coasts  of  Neva  Scotia.  Whenever  a  fishing 
vossol  of  the  United  States  shall  be  seized  for  violating  tho  provisions  of  tho  afore- 
said convention  by  fishing  or  preparing  to  fish  within  three  marine  miles  of  any  of 
the  coasts,  bays,  creeks,  and  harbors  of  Hor  Britannic  Majesty's  dominions  included 
within  the  limits  within  which  fishing  is  by  tho  terms  of  tho  said  convention  re- 
nounced, such  vessel  shall  fcy:thwith  be  reported  to  the  ofUcer  in  conunand  of  or.o  of 
the  said  national  vessels,  who,  in  conjunction  with  the  ofllcor  in  commuiul  of  another 
of  said  vessels  of  the  different  nationality,  shall  hear  and  examine  into  tho  facts  of 
the  case.  Should  the  said  commanding  officers  be  of  opinion  that  the  charge  is  not 
sustained,  the  vessel  shall  be  released.  But  if  thoy  should  be  of  o]»iuion  that  tho 
vessel  should  bo  subjected  to  a  judicial  examination,  she  shall  forthwith  be  sent  for 
trial  before  the  vice-admiralty  court  at  Halifax.  If,  however,  the  said  command- 
ing officers  should  differ  in  opinion,  thoy  shall  name  some  third  person  to  act  ai  um- 
pire between  them,  and  should  thoy  be  unable  to  agree  upon  tho  name  of  such  third 
person,  thoy  shall  each  name  a  person,  and  it  shall  be  determined  by  lot  which  of 
the  two  persons  so  named  shall  be  the  umpire. 

Article  IV. 

The  flailing  vessels  of  the  United  States  shall  have  in  tte  established  ports  of  entry 
of  Her  Britannic  Majesty's  dominions  in  America  the  same  commercial  privileges  as 
other  vessels  of  tho  United  States,  including  the  purchase  of  bait  and  otlier  supplies; 
andsneh  privileges  shall  be  exercised  subject  to  tho  same  rules  ant',  regulations  an«l 
payment  of  the  same  port  charges  as  are  prescribed  for  other  vessels  of  the  United 
States. 

Article  V. 

The  Government  of  Her  Britannic  Majesty  agree  to  release  all  United  States  fishing 
vessels  now  under  seizure  for  failing  to  report  at  custom-housos  when  seeking  shelter, 
repairs,  or  supplies,  and  to  refund  all  fines  exacted  for  such  failure  to  roport.  And 
tho  high  contracting  parties  agree  to  appoint  a  joint  commission  to  ascertain  tho 
amount  of  damage  caused  to  American  fishormen  during  tho  year  18HG  by  seizure  and 
detoution  in  violation  of  the  treaty  of  1818,  said  commission  to  make  awards  therefor 
to  the  parties  injured. 

Article  VI. 

The  Government  of  the  United  States  and  the  Government  of  Her  Britannic  Majesty 
agree  to  give  concurrent  notification  and  wnrning  of  Canadian  customs  regulations, 
and  the  United  States  agrees  to  admonish  its  fishermen  to  comply  with  them,  and  co- 
operate  in  socuriug  their  enforcement. 


TIIK    FISIII'JMKS    QtlKSTlON.  -W 

lIiirloHure  2  in  No.  450.— TrnnMliitlon.] 

Arrangement  bdwicn  I'rnnce  itntt  tirmt  Jhitain  coucerning  the  NvwfountUnnd  fi»herie», 

yovimbvr  14,  lHd5.  % 


ivernmont  of 


ARRANQEMRNT. 

■.  'i  ,!  .  »    ,■  .-.  >;■ 

Tlio  niuU!rHij?netl  commisRionorHdolnnfttod  by  tlioQovornmontnof  Frnnoo  nnil  Oront 
Hrilaiii,  !<>  tlio  cinl  of  Hottkiii^ — iijnirt  from  tlie  trvatit^ti  now  in  forctt  \vlii(;li  tliry  aru 
iiof  iiutlioi'i/.i'rl  eitlier  to  nioilify  orlo  inturpri't — tin*  inoann  of  pnivoiitinn  ami  Hnttliiij; 
•  lillVn'nt'f'H  ri'lativo  to  tlx)  mho  ol  \\w  lihliiwiei  «):i  tho  coiistH  of  Nowfoundliiiiil,  liavo 
drawn  uji  by  uonnnon  uvcord,  nn<lcr  r(!8(<rvo  of  tbo  apijrobation  of  tliuir  rcHitiictivo 
Uuvernmuntu,  tlio  fuUowiug  uui;u){oniuutH  \^dispo8Uion» 

AUTICLK  I.       « 

Tbo  Govornment  of  IlerMnJosty  tbo  Queen  of  tbo  IJnitod  Kingdom  of  Gn^at  nritain 
and  Iroluiid  en^aj^o  to  conforni  to  tbo  buruinaftor  uxproNttud  provisions  fin*  UHMiirin|r 
to  Frencb  llMberrnon,  in  tbo  oyocntion  of  oxisting  treaties  and  particiii.irly  tlio  dc(da- 
ralion  of  1783,  tbo  free  exerciso  of  tlieir  industry  upon  tlie  coasts  of  Ntnvfoundluud 
witUout  Liuduruuce  or  obHtaulo  of  any  kind  on  tbo  part  oriiritiHli  aabjuMta 

'''   '"'"  '""    ■     ■"■    ''  ■'        AUTICLK  11. 

Tbo  Government  of  tbe  French  Ropnblic  engages  for  its  part,  in  oxcbango  for  tbe 
nsHiirance  graiitf.d  to  tbo  Frencli  bsliormen  by  tlio  application  of  tbo  provisions  set 
fortb  in  tbo  present  arrangement,  not  to  make  any  remonstrancu  ngaiiiHt  tbe  creation 
of  tbo  establishments  necessai'y  to  the  development  of  any  industry  other  than  that 
of  tbe  lisbcries,  upon  the  partsof  tbe  coastof  Newfoundland  comprised  between  Oapo 
Kl.  John  and  Cape  Kay,  nnirki  d  in  red  upon  tho  map  hereto  annexed  and  which  also 
are  not  mentioned  in  the  schedule,  hereto  annexed,  comprising  tho  portions  of  terri- 
tory 1o  which  tho  present  paragraph  does  not  apply. 

It  likewise  engag<!S  not  to  disturb  the  resident  Ijritish  subjects  in  respect  of  cs(  ib- 
iiHbinenls  actually  set  up  on  thu  coast  comprised  between  Capo  St.  John  and  Capo 
Kay  to  tbe  northward  of  each  ca])o,  J3ut  new  establishments  shall  not  bo  set  up  on 
the  ]iarts  of  tbo  coast  comprised  iu  tho  schedule  moutiouod  in  tbe  foregoing  para- 
graph. 

Article  III.  ,     •         •  •'  '.,  " 

Notwithstanding  the  interdiction  stipulated  in  tho  closing  part  of  the  second  para- 
graph of  tho  foregoing  article,  in  case  a  mine  bo  found  in  the  neighborhood  of  any 
part  of  the  coast  coin]irised  i*\  the  schedule  .annexed  to  tho  present  arrangement,  the 
Government  of  tho  French  Kepublio  engages  not  to  oppose  the  enjoyment  by  tbe  in- 
terested parties,  in  order  to  work  tbo  said  mine,  of  all  facilities  compatible  with  the 
free  «'xerciso  of  tbo  French  fisheries. 

To  this  end  a  wharf  may  be  established  on  a  point  of  the  coast  designated  by  com- 
nioii  acconl  by  the  commanders  of  tho  cruisers  of  the  two  countries. 

Tho  buildings  necessary  to  the  working  of  the  nunc,  such  as  dwelling-houses,  work- 
shops, storehoii.ses,  etc.,  shall  be  erected  on  tho  part  of  the  territory  situated  outside 
the  limits  fixed  in  tho  annexed  schedule  for  tho  exorcise  of  the  Frc.ich  fishery.  They 
shall  be  connected  with  the  wharf  by  a  single  lino  of  railway,  of  one  or  two  tracks. 

To  tho  end  of  facilitating  the  operations  of  lading  and  nnlading,  sheds  and  sloro- 
hoiiscs  may,  nevertheless,  bo  constructed  on  both  sides  of  the  railway  for  the  tempo- 
rary storage  of  ore  and  materials  necos.sary  for  tho  mine,  within  a  space  not  to  exceed 
15  uit'ters  on  each  side  of  the  track,  such  space  to  bo  surrounded  by  a  fence  or  incloa- 
ure  of  some  kind. 

No  establishment  other  than  the  wharf,  tho  railw.iy,  and  tho  sheds  and  store-houses 
above  mentioned,  can,  under  the  final  provision  of  the  second  paragraph  of  the  fore- 
giiiiig  article,  be  set  up  on  the  part  of  the  coast  reserved  for  iishiug,  within  tho  limits 
fixed  in  tbe  schedule  hereto  annexed. 

The  provisions  of  tiie  present  article  shall  bo  likewise  applied  to  tho  working  of  a 
mine  outside  of  these  limits,  on  condition  that  it  shall  have  been  previously  ascer- 
tained, by  common  accord,  by  the  commanders  of  tbe  cruisers  of  tho  two  countries, 
that  tho  working  of  such  mine  shall  not  be  of  a  nature  to  hinder  the  free  exercise  of 
tbo  French  fishery. 

Article  IV. 

It  is  agreed  that  tho  French  shall  retain,  to  the  fullest  extent,  upon  all  thai;  part  of 
the  coast  comprised  botwoou  Cape  St.  John  and  Capo  Kay,  and  us  it  is  defined  by  the 


10 


tttE    PJSllRRlLS   QtTESTlOjT. 


treaties,  tho  right,  to  take,  dry,  and  cure  fish  \  It  droit  de  picker,  n^cher,  preparer  le  ^od- 
ton'^  as  well  as  the  right  to  cut,  auywhero  save  ii>  ii.ciiiisud  pvopcitlus,  tbe  wood  ueo- 
eaaary  for  their  dryiug-stages,  cabins,  aud  fishiiig-vesseld. 

AUTICLE  V. 

Tbe  surveillance  and  police  of  the  tishbrie.-)  shall  bo  exercised  by  vusscls  of  the  mil*- 
tary  marine  of  the  two  countries,  under  the  conditions  hereiuui'ter  laid  down — the 
commanders  of  tbe  crnisers  having,  under  tbese  conditions,  soio  authority  and  com- 
petence in  all  matters  concerning  the  fisheries  and  the  operations  pertaining  thereto. 

Article  VI. 

The  French  and  English  fistiing  vessels  or  boats  shall  be  registered  according  to  the 
administrative  regulations  of  the  country  to  whicl  they  belong,  aud  shall  plainly 
carry  distinctive  murks  permitting  their  identity  to  be  ascertained  from  a  distance. 

The  captains,  mastei's,  or  skippers  Ipatrona']  shall  carry  papers  to  prove  the  nation- 
ality of  their  vessels  or  boats. 

Article  VII. 

The  commanders  of  the  crnisers  of  e&ch  nation  shall  mutnaily  give  information  of 
infractions  of  the  rales  established  by  the  foregoing  article,  which  may  be  ammitted 
by  the  vessels  or  boats  of  the  other  nation. 

Article  VIII. 

The  crnising  vei^  wis  of  the  two  countries  shall  be  competent  to  ascertain  an  infrac- 
tions of  existing  treaties,  parti(^alarly  of  the  declr  ration  of  178^},  by  the  terms  whereof 
the  British  sulvjects  shall  not  "interrupt  in  any  manner,  by  their  competition,  the 
fishery  of  the  French  during  the  temporary  exercise  of  it  which  is  granted  to  them, 
upon  the  coasts  o    the  island  of  Newfoundland." 

:  i!'      .  ,)  Abticlb  IX. 

Upon  the  <  jmplaint  of  the  French  fiahermf^n,  or  upon  their  applloatirn  for  tno  en- 
joyment o''  voeir  fishing  right,  the  comniander<i  of  the  Knglish  cruising  vessels  will 
oppose— and  if  there  be  no  English  cruiser  in  sight  the  comir:.ndern  of  the  French 
cruisers  may  oppose — all  operations  of  fishing  by  British  subjects  which  may  interfere 
with  the  industry  of  said  Fr«nch  tisbernren  ;  tliey  will  remove  the  b  ^ata  or  vessels 
which  may  be  an  obstaule  to  such  industry. 

To  this  end  the  commanders  of  the  French  cruising  vessels  may  servo  the  necessary 
injunctions  upon  the  parties  in  interest,  and,  in  case  of  resistance,  seize  their  tishiug- 
taokle  implements  (engint  de  piche)  and  set  the  same  on  shore  or  deliver  them  up  to 
the  commanders  of  tlio  crnisers  of  Her  Britannic  Mijesty. 

In  case  no  inconvenience  shall  be  fjund  to  result  for  the  French  fi.shcrmon  and  when 
no  complaint  or  demand  shall  have  been  made  on  their  part  looking  to  the  unimpeded 
uee  nf  their  right  of  fishing,  the  coinniaiiders  of  the  French  cruisers  will  not  oppose 
the  exercise  of  tbe  fisheries  by  British  subjects. 

Article  X. 

In  the  event  of  the  natives  hindering  or  molesting  on  land,  by  their  acts,  the  dry- 
ing and  curing  of  fish  and  in  general  the  diverse  operations  which  depend  upon  tho 
exercise  of  the  French  fisheries  on  the  coast  of  Newfoundland,  a  statement  of  proof 
of  the  damage  caused  shall  be  drawn  up  by  the  commanders  of  Her  Britannh)  >Iiij(>s- 
ty's  cruising  vessels,  and  in  their  absence  by  the  comniandeis  of  the  French  crr.isers. 

In  this  latter  case,  the  stat^^ment  shall  be  admissible  a.i  evidence  before  the  com 
manders  of  Her  Britannic  Majesty's  cruiseis,  in  their  capacity  as  magistrates  in 
Administering  Justice. 
2  Article  XI.  , 

If  an  odTense  is  committed,  or  an  injury  caused,  the  commanders  of  the  cruising 
vessels  of  the  delinquent's  nationality,  and  in  their  absence  the  commanders  of  the 
cruising  vessels  oi  the  plaiiikitTs  nationality,  shall  estimate  the  gravity  of  the  facts 
brought  to  their  co(^ni2auc>^  aud  assess  the  tlainage  sutTered  by  tbe  party  aggrieved. 

They  shall  draw  up,  in  the  due  cane,  and  accortling  to  the  forms  usual  in  their  conn- 
try,  statements  in  evidence  of  tho  facts  such  as  they  shall  appear,  whether  from  the 
dfiolarations  of  the  interested  parties  or  from  the  teptimouy  collected. 


THE   FISHERIES   QUESTION. 


mpetitiou,  the 
tited  to  them, 


T^e  statAmnnt  sball  be  admisaible  as  evidence  before  the  comtnanders  of  the  cruis- 
ers f.f  the  delinquent's  nationality,  within  the  limits  of  their  competence. 

If  the  case  seem  t«  him  aulHoiently  grave  to  justify  such  a  step,  the  commander  of 
the  cruising  vewel  of  the  plaintiff's  uation<ility  shall  have  the  right— if  there  be  not 
iu  sight  an?  crnisjr  of  the  delinquent's  nationality— to  take  into  custody  {a'atturer  <fe) 
eitbar  the  (velinq.iont  in  person  or  >>i»  boat,  in  order  to  deliver  them  up  to  the  coiu- 
oumdiers  af  ti>e  «ruisiug  vessels  of  their  nationality. 

Article  XU. 

The  commanders  of  the  English  and  French  crnising  vessels  shall,  within  the  limit 
of  their  competence,  administer  justice  summarily  Ifaire  droit  d'Hrgence}  upon  tbo 
complaints  bront^bt  biUore  them,  whether  preferred  (lirectly  by  the  interested  party 
or  through  the  medinm  of  the  commandu.'s  of  the  cruioers  of  the  other  nation. 

Akticle  XIII. 

Resistance  to  the  orders  or  injunctions  of  the  commanders  of  the  crnising  vessels 
charged  with  the  police  of  the  tisheries,  or  of  persons  acting  under  their  orders, 
shall,  without  reference  to  the  nationality  of  the  cruiser,  be  deemed  resistance  to  the 
competent  authority  to  the  end  of  repressing  the  act  charged. 

Article  XIV. 

When  the  act  charged  is  not  grave,  but,  nevertheless,  shall  hrvo  occasioned  dam* 
age,  the  commanders  o..  the  cruising  vessels  may  adjust  the  dispute  ^_ooneilUr']  be- 
tween the  iuterestfad  parties,  and  lix  the  indemnity  to  be  paid,  with  the  consent  of 
the  parties. 

Article  XV. 

rhe  French  Qove~Qment  renounces,  for  its  citizens,  the  .salmon  fishery  in  rnnning 
waters,  and  does  not  reserve  tbe  fishery  for  this  fish,  save  at  sea  and  in  the  mv?uths  of 
rivers  OS  far  as  salt-wuter  extends;  but  it  is  forbidden  to  set  fixed  barriers  which 
may  impede  iuterual  navigation  or  the  free  passage  of  fish. 

Article  XVI. 

French  fishermen  shall  be  exempt  from  any  tax  upon  the  introduction  into  that 
part  of  the  island  of  Newfoundland  comprised  between  Cape  St.  JoLn  and  Cape  Ray 
and  to  the  northward  of  thoite  capes,  of  all  objects,  materials,  provisions,  etc.,  neo- 
CHsnry  to  their  industry,  their  subsistence,  and  their  temporary  establishment  upon 
the  coast  of  that  Britannic  possession. 

They  shall,  likewise,  be  exempt  in  that  same  part  of  the  island,  from  all  light- 
iiuutte,  port,  or  other  navigation  dues. 

Abtic;-3  XVII. 

The  French  fishermen  shall  have  the  right  to  buy  bait,  herring  and  caplin,  on  land 
or  tit  sea,  in  tbe  harbors  of  Newfonndland,  without  tax  or  impediment  of  any  kind» 
after  tbe  5th  day  of  April  of  each  year,  and  until  the  end  of  the  fishing  seacon! 

Article  XVIII. 

The  employment  of  French  subjects,  at  the  rate  of  one  guardian,  with  his  family, 
for  each  liarbor,  is  authorized  iu  order  to  guard  tbe  French  establishments  during  the 
<u«8ation  ut'tbu  fishing  season. 

Ill  th)  hurliors  of  jarco  extent  where  the  temporary  establishments  of  French  cltl- 
eens  a^e  too  far  apart  to  permit  of  one  guardian  watching  over  the  establishment" 
the  presence  of  a  second  guardian  with  his  family  will  be  authorized. 

Article  XIX. 

Every  fishing  vessel,  every  article  of  equipment  or  rigging  of  a  fishing  vessel,  and 
evsry  nwt,  line,  buoy,  or  implement,  wl  atever,  — '  ■^h  may  hove  been  found  or  picked 
up,  sL&ll  be  as  soon  as  possible  delivered  to  the  <;i..<^  3teut  authorities  of  the  nation 
of  the  8i\lvor. 

The  articles  fonnd  shall  ba  restored  to  the  owners  or  their  representatives  through 
the  care  of  the  said  competent  authorities  and  under  reserve  of  the  prior  guarantee  of 
thtt  Hftlvors'  rights. 

The  indemnity  to  be  paid  to  the  salvors  shall  ^  j  uxed  iu  oouformity  with  tha  legi^* 
latiou  of  their  coantry. 


■I 


THE   FISHERIES   QUESTION. 


Articlk  XX.  .       • 

The  provisions  of  the  present  arrang«in(!nt,  with  the  exeeption  of  fhoso  of  Articles 
1, '2,  una  18,  tthall  only  bo  upplicalile  within  tho  Hcason  <luriuy  which  tlio  treaties 
grant  to  I'^renchmeu  the  rinht  of  takinjj  an«l  cnriiiy  tish. 

In  witneHH  whereof  the  nnderHi^iiud  (toinmistiioiK^rii  have  <lrawn  np  the  present  ar- 
raiif^einent,  .snhject  to  tho  approval  of  their  respective  Governments,  and  hereunto  set 
tlit'ir  names. 

Done  at  Taris,  iu  duplicate,  the  14th  Novemlor,  1885. 

Cii.  Jageksciimidt. 

'  HlGKlCL. 

'■' •  Francis  Clark  Ford. 

»"*'''  Edmukd  Bukke  Pennell. 


flnclosuro  3  In  No.  459.] 

TREATIES  BETWEEN  GREAT  URITAIX  AN'D  FRANCK  RKI-ATIVE  TO  TIIK  NEWFOUNDLAND 
FISIIliUY  ;  RKNEWED  »Y  ARTICLE  13  OF  THE  TKKATY  OF  PEACE  OF  SOTH  MAY,  1811. 
(PAGE  1G2.) 

(1)  '^rMty  of  peace  and  friendsTiip  between  Great  Britain  and  France,  the  llth  Jpril,  1713. 


i 


j.vtVt-i, 


[  Extract.— Translation.  ] 


13.  The  island  called  Newfonndland,  with  the  adjacent  islands,  shall  from  this  time 
forward  belong  of  rij^ht  wholly  to  liritain  ;  and  to  that  end  the  town  and  fortress  of 
I'lacentia,  and  whatever  olhcr  places  in  tho  said  island  are  iuthc  possession  of  tho 
French,  shall  bo  yielded  an<l  given  np  within  sev(Mi  months  ficnn  theexchanyo  of  the 
ratilications  of  this  treaty,  or  sooner  if  possible,  by  the  Most  Cliristian  King,  to  those 
who  have  a  commission  from  tho  Queen  of  (Jreat  iiritain  for  that  ])  irpose..  Nor  shall 
the  most  Christian  King,  his  heirs  and  suceessurs,  or  any  of  their  subjects,,  at  any 
tinio  hereatler  lay  claim  to  any  right  to  the  said  island  or  islands,  or  to  any  part  of 
it  or  tliem.  ^Moreover  it  shall  not  bo  lawful  for  tho  subjects  of  Fninyu  to  foitily  any 
j)liu'o  iu  tho  said  island  (>f  Newfoundland,  or'to  erect  any  buildings  there,  besiiies 
stages  nuule  of  boards  and  huts  necessary  and  usual  for  drying  of  lisli,  or  to  resort  to 
the  said  island  beyond  the  time  necessary  for  fishing  and  drying  of  fish. 

But  it  shall  be  allowed  to  the  subjcjcts  of  France  to  catch  lish  and  to  «lry  them  ori 
land,  iu  that  part  only,  and  in  no  otlier  besid<'s  that,  of  the  said  island  of  Newfound- 
land, which  stretches  from  the  j)liice  called  Cape  Bonavista  to  tho  northern  jiiiint  of 

•the  said  island,  and  from  thence  running  down  by  the  wester')  side,  reaches  as  far  as 
the  plaio  called  Point  liicho.  But  tho  island  called  0a])0  Brotou  as  also  all  others. 
Loth  iu  the  mouth  of  tho  river  of  St.  Lawrence  and  in  the  Guelj)!!  of  the  same  nnme, 
shall  hereafter  belong  of  right  to  the  French  ;  and  tho  most  Christian  King  shall 
have  all  manner  of  liberty  to  foriifv  any  place  or  places  there. 
Done  at  UtrccUt,  Slbt  March  (Uili  April),  1713. 

■     [l.  8.]  John  Bristol,  C.  P.  S. 

[L.  8  J  Strafford. 

[L.  S.]  *  IIlIXELLES. 

[l.  8.]  V  Mesnagek. 

(2)  Definitive  treaty  of  peace  between  Great  Britain  and  France.    Signed  at  Paris,  'iOlh  Feb- 
ruary, 17(53. 


i:' 


[Extract.— TratsLition.] 

V.  Tho  subjects  of  France  shall  have  the  liberty  of  fishing  and  drying,  on  a  part  of 
th«i  coasts  of  the  island  of  Newfoundlaud,  such  as  it  is  spicified  in  Article  13  of  tho 
treaty  of  Utrecht;  which  article  is  renewed  and  cunlirnu-d  by  the  present  treaty 
(except  what  relates  to  tho  isliind  of  Cape  Bretcui,  as  well  as  tho  other  islands  and 
c(>asts  in  the  mouth  and  iu  the  Crulpli  of  St.  l>awreni;e).  And  his  Britannic  Majesty 
consents  to  leave  to  tin*  subjects  of  tlm  Most  Christinu  King  tho  liberty  of  fishing  iu 
the  (iMl)ih  St.  Lawrniceoii  ci>n<lition  that  the  suhjecSs  of  t'ranco  do  not  exorcise  tho 
(<:iid  lisliery,  bet  at.  the  distance  of  3  leagues  from  all  (ho  coasts  belonging  to  Great 
licitaiii.  as  well  tho.'ic  (>r  the  Continent  as  those  of  tho  islands  situat<;d  iu  thosai<l 
Qulph  St.  Lnwruucu.    Aud  us  lo  what  relates  to  tho  fishery  ou  tho  coasts  of  tho  islaud 


THE   FISHERIES   QUESTION. 


18 


so  of  Articles 
tlu)  troutiea 

I  ])re8(!iifc  ar- 
[  bcrountoeet 


IDT. 

FOUD. 
rENNELL. 


of  Capo  Brolon  out  of  tlio  Bald  Gulph,  <ho  Hubjoots  of  tlio  most  Christian  King  shall 
not  bo  perniittort  to  exorciso  tlio  Haiti  fishery  but  at  tho  distanco  of  15  lea^iu-M  from 
th  '  coasts  of  tho  inland  ofCaiio  Broton  ;  and  tho  fishery  mi  tho  coasts  of  Nova  Scotia 
or  Acadia,  and  everywhere  else  out  of  tho  aaid  Gulph,  shall  remain  on  tho  foot  of 
former  treaties.* 

VI.  The  King  of  Great  Britain  cedes  tho  islands  of  St.  Pierre  anil  Miqnolon,  in  full 
right,  to  liis  Most  Christian  Majesty,  to  servo  as  a  shelter  to  tho  French  fisherniei" ; 
and  His  said  Moot  Christian  Majesty  enjiages  not  to  fortify  tho  said  biiildiu<;s  n))on 
them  but  merely  for  tho  convenieuco  of  tho  fishery,  aud  to  keep  uxiou  thuiu  u  yuard 
of  fifty  men  only  for  tho  police. 

Doiio  at  Paris,  tho  lOtli  of  February,  17G3. 

[L.  8.3  i3Ei>Foun,  C.  r.  S. 

[i,.  8.]  C'iioi.ski;l,  Duo  dv  Pranlin. 

[L.  s.]  El  Makq.  db  Gkimaldi. 


PFOUNDLAND 
H  MAY,  IdH. 


th  April,  1713. 


rom  tins  time 
ml  fortress  of 
lession  of  the 
change  of tho 
Ciiiy,  to  those 
<c.  Nor  shall 
lyccts,,  at  any 
o  any  part  of 
lo  foitily  any 
here,  bes'ules 
ir  to  resort  to 

dry  them  ori 
f  Newfound- 
era  ]»iiiiit  of 
ches  as  fixr  as 
so  all  others, 
o  same  name, 
Kiiii;  shall 


L)L,  c;  P.  S. 


ari8,)0lh  Feb- 


ou  a  part  of 

!le  i:j  of  the 

esent  treaty 

islands  and 

iiiio  Majesty 

of  fishing  in 

exorcise  the 

iufi;  to  (Jroat 

in  tho  sai<l 

of  the  islaud 


(3)  Definilhe  treaiij  of  peace  between  Great  Britain  and  France.    Signed  at  Veraaillcs,  3J 

September,  17d^. 

f  Extract.— Translation.] 

IV.  His  M.'ijesty  tho  Kin;;  of  Great  Britain  is  maintaitied  in  his  right  to  tho  island 
of  Newfoundland  and  to  tho  adjacent  islands,  as  the  wholo  were  assured  to  him  by 
the  i;ith  article  of  the  treaty  of  Utrecht,  oxceptinir  tho  island  of  St.  Pierre  and  Mi- 
qmdon,  which  were  ceded  in  full  right  by  the  present  treaty  to  His  Most  Christian 
Majesty. 

V.  His  M.ijesty  the  Most  Christian  King,  in  order  to  prevent  tho  quarrels  which 
have  hitherto  arisiMi  between  the  two  nations  of  England  and  Franco,  consents  to  re- 
nou'ice  tho  right  of  iishing,  which  belongs  to  him  in  virtue  of  tho  aforesaid  article  of 
the  treaty  of  Utrt;cht,  from  Capo  Boiiavista  to  Cajio  St.  John,  situated  on  tho  east- 
ern coast  of  Newfoumlland,  in  bO'^  north  latitude;  and  His  JIajcsty  tho  King  of  Great 
Britiiin  consents  on  liis  part  that  the  fishery  assigned  to  tho  subi<'cts  of  His  Most 
Christian  Majesty,  beginning  at  tho  said  Cape  St.  .John,  ])a.s!dng  to  the  north  and  de- 
6cei,(ling  by  the  western  coast  of  the  island  of  Newfoundland,  siyi'l  extend  to  the  place 
called  Cajie  Raye,  situated  in  47'^  50'  latitude.  Tho  French  fishermen  shall  eiijoj  the 
tisliery  wLich  is  as.signed  to  them  by  tho  present  article  as  they  had  the  right  to  enjoy 
that  which  was  assigned  to  them  h/  tho  treaty  of  Utrecht. 

VI.  With  regard  to  tho  fishery  in  tho  Gulph  of  Ft.  liawreuce,  tho  French  shall  con- 
tinue to  exercise  it  conf'orni!il)ly  to  the  Vth  article  of  tho  treaty  of  Veraailloa. 


Done  at  Vursaillcs,  tho  3d  of  September,  1763. 

[L.  8.] 
Ll.  8.] 


Manciiestkr. 

Gkaviek  de  Vergenxes. 


(Annex  1.)    Lritiah  declaration.    Signed  at  Fersailles  3d  September,  1783. 

[Extract.] 

The  King  having  entirely  agreed  with  His  Most  Christian  Majesty  npon  tho  arti- 
cles of  the  definitive  treaty,  will  seek  every  means  which  shall  not  only  insure  the 

*  Extract  from  thn  treaty  of  i)eaco  jetweon  Great  Britain  aud  France.  Signed  at 
Whitehall,  Kith  November,  KiSti: 

V.  The  snbjeciS,  inhabitants,  merchants,  commanders  of  ships,  masters  and  niari- 
ni'rs  of  tho  kingdoms,  provinces,  and  dominions  of  each  King,  respectively,  shall  ab- 
stain aud  forbear  to  trade  and  fish  in  all  tho  pli?,ces  possesseil  or  which  shall  be  pos- 
scM.si^d  by  one  or  the  other  party  in  America,  viz,  the  King  of  Great  Britain's  subjects 
shall  not  drive  thciv  eommeree  and  trade,  nor  fish  in  the  havens,  bays,  creeks,  roads, 
shoals,  or  places  which  th  ■  Most  Christian  King  holds  or  shall  hereafter  hold  in  Amer- 
ica; and  in  like  manner  tho  Most  Christian  King's  subjects  shall  not  drive  their  com- 
merce and  trade,  nor  fish  in  tho  havens,  bays,  <!re«k8,  road.s,  shoals,  or  places  which 
the  King  of  Great  Britain  possesses  or  shall  hereafter  possess  in  America.  And  if  any 
ship  or  vessel  shall  bo  found  trading  or  fishing  contrary  to  tho  tenor  of  this  treaty, 
the  said  ship  or  vessel,  with  its  lading  proof  being  made  thereof,  shall  be  coiifi  ic-ated ; 
nevur'lieless,  the  jiarty  who  shall  find  himself  aggrieved  by  such  stintonce  or  confisca- 
tion shall  have  liberty  to  api>ly  himself  to  the  privy  council  of  that  king  l>y  whose 
governors  or  jr.dges  the  sentence  has  been  given  against  him;  but  it  js  always  to  ho 
uiKlerstood  that  the  liberty  of  navigation  ought  in  no  inunuer  to  be  disturbed  whero 
nothing  id  committed  against  the  guuuiue  auuse  of  thia  treaty. 

925G  r  E  87 28 


fl' 


THE   FISHEBIE8   QUESTION. 


ezeontion  thereof  with  his  luscnstomed  good  faitb.  and  panotoAlitj,  bat  will  besidea 
give  on  his  part  all  possible  effioacy  to  the  principles  which  shall  prerent  eren  th« 
least  foundation  of  diapnte  for  the  future. 

To  thia  end,  and  in  order  that  the  fisherman  of  the  two  nations  may  not  giro  ot^nso 
fur  daily  qnarrels,  HisBritannio  Msijest^  will  take  the  moat  positive  measnres  for  nr^ 
Tentine  his  subjects  fi-om  intermpting  in  any  manner,  by  tneir  competition,  the  fish- 
ery of  the  French  during  the  temporary  exercise  of  it  wnioh  is  stanted  to  them  upon 
the  coasts  of  the  island  of  Newfonndland;  and  he  wilt,  for  this  imrpoae,  caose  the 
fixed  settlements  which  shall  be  found  thereto  be  removed.  His  Britannic  Majesty 
will  give  orders  that  the  French  fishermen  be  not  incommoded  in  cuttii>g  the  wood 
necessary  for  the  repair  of  their  scafifolds,  hnts,  and  fishing  vessels. 

The  thirteenth  article  of  the  treaty  of  Utrecht,  and  tho  method  of  carrying  on  the 
fishery,  which  has  at  all  times  been  acknowledged,  shall  be  the  plan  upon  waioh  the 
fishery  shall  be  carried  on  there ;  it  shall  not  bo  deviated  from  by  either  party ;  the 
French  fishermen  building  only  their  scaffolds,  confining  themselves  to  the  repair  of 
their  fishing  vessels,  and  not  wintering  there;  the  subjects  of  His  Britannic  M^esty, 
on  their  part,  not  molesting,  in  any  manner,  the  French  fishermen  during  their  fish- 
iug,  nor  injuring  their  scaffolds  during  their  absence. 

The  King  of  Great  Britain,  in  ceding  the  islands  of  St.  Pierre  and  Mi(|nelon  to 
France,  regards  them  as  ceded  for  the  purpose  of  serving  as  a  real  shelter  to  the 
French  fishermen,  and  in  full  confidence  that  these  possessions  will  not  become  an 
object  of  jealousy  between  the  two  nations ;  and  that  the  fishery  between  the  said 
islands  and  that  of  Newfoundland  shall  be  limited  to  the  middle  of  the  channel. 

Given  at  YeraaiJlea  the  3d  of  September,  1783. 

[L.  s.]  Hanchestkr. 


(^ttNex2.)    French  counter-deolaration.    Signed  at  Feraaillet  2d  September,  1783. 

[EztrMt.] 

TIiH  principles  which  have  gnided  the  King,  in  the  whole  coarse  of  the  negotiations 
which  preceded  the  re-establi^ment  of  peace,  must  have  convinced  the  King  of  Great 
Britain  that  His  Majesty  has  had  bo  other  design  than  to  render  it  solid  and  lasting, 
b  V  piruveuting  is  much  as  possible,  in  the  foar  quarters  of  the  world,  every  subject  of 
discussion  and  quarrel.  The  King  of  Groat  Britain  undoubtedly  places  too  mucli  con- 
fidence in  the  uprightness  of  His  Mi^esty's  intentions  not  to  rely  upon  his  constant 
attention  to  prevent  the  islands  of  St.  Pierre  and  Miquelon  from  becoming  an  object 
of  jealousy  between  the  two  nations. 

As  to  the  fishery  on  the  coasts  of  Newfoundland,  which  has  been  the  object  of  the 
new  arrangemeuts  settled  by  the  two  sovereigns  upon  this  matter,  it  is  suffloiently 
ascertained  by  the  fifth  article  of  the  treaty  of  peace  signed  this  day  and  by  the  declara- 
tion likewise  delivered  to-day  by  His  Britannio  M^est^'s  ambassador  extraordinary 
and  plenipotentiary ;  and  His  Majesty  declares  that  ne  is  fully  satisfied  on  this  head. 

In  reganl  to  the  fishery  between  the  island  of  Newfoundland  and  those  of  St.  Pierre 
Iknd  Miquelon,  it  is  not  to  be  carried  on  by  either  party  but  to  the  middle  of  the 
channel.  His  Miijesty  will  give  the  most  positive  orders  that  the  French  fishermen 
shall  not  go  beyond  this  line.  His  Majestv  is  firmly  persuaded  that  the  King  of  Great 
Britain  will  give  like  orders  to  the  Enfflish  fishermen. 

Given  at  Veraailles  the  3d  of  September,  17S3. 

[L.  S.]  GRA.VIBB  DS  VSBOENMXS. 


■i.'i    \. 


[Inolosnre  4  in  No.  450.) 
Mr.  Seward  to  Mr.  Adams, 


No.  1737.]  Depautmbnt  OS  StaTB, 

Washington,  Jpril  10, . 

biR :  I  send  yon  a  copy  of  a  very  suggestive  letter  firom  Mr.  Riehud  D.  Cutts,  who, 
pcrhapa,  you  are  aware,  was  employed  as  surveyor  for  marking,  on  the  partof  th« 
United  Btates,  the  fisherv  limita  under  the  reciprocity  treaty.  Mr.  Cutts's  long 
familiarity  with  that  subject  praotically  and  tLeoreticafly  entitles  his  auttgeations  to 
respect. 

It  is  desirable  to  avoid  any  collision  or  misunderstanding  with  Great  I^ritain  on 
the  snliject  growing  out  of  the  termination  of  the  reciprocity  treaty.  With  thia  view 
1  incloae  a  d  ranght  oft*  protocol,  which  yon  may  propose  to  Lord  Clarendon  for  a  tempo- 
rary regulutiou  of  the  matt«r.    If  he  shooild  agree  to  it,  it  may  be  signed.    Whsn 


THE    FISIIEKIE8    QUESTION. 


15 


rlll  besidea 
b  oren  th« 

girs  ounie 
ires  for  nr*- 
>n,  the  tiAh- 
» them  upon 
S  caase  the 
Die  Hajegtf 
ig  the  wood 

y'mg  on  the 


wlii 


Q  wMioh  th« 
party;  the 
he  repair  of 
lio  M^esty, 
;  their  fish- 

Mi(iaelon  to 
lelter  to  the 
I  become  an 
lea  the  said 
iiannel. 

rCRKSTEB. 


b«r,  1783. 


i6|bttatIofii 
Ing  of  Great 
^nd  lasting, 
subject  of 
muou  con- 
liis  conntant 
ig  an  object 

bjeot  of  the 
ufiBoientJjr 
the  deolara- 
traordinary 
this  head. 
)f  at.  Pierre 
ddla  of  the 
fishermen 
og  of  Great 


EiaBN»K9. 


rATK, 

10, 1866. 
[7ntt8,  who, 
part  of  the 
utts's  long 
gestionii  to 

I^Htain  oil 

b  this  view 
nr  a  tempo- 
ed.    When 


Hiirned  it  is  desirable  that  the  instructions  referred  to  in  the  concluding  paragraph 
slionld  at  once  bn  dispatclied  by  the  Hritisli  Governojont. 

As  tlie  fishing  seiitiou  is  at  band,  the  collisions  which  might  be  apprehended  luay 
occur  wlitui  lliul  season  advances. 

1  am,  sir,  your  obedient  ttorvaut, 

WiLUAM  II.  Sewaro. 


JIfr.  Cuttt  to  Mr.  Seward.. 

Washinoton,  April  7, 1865.  m. 
Sir;  For  a  full  understanding  of  the  differences  which  now  exist  in  regard  to  the 
rights  which  belong  to  American  fishermen  in  the  seas  bordering  the  British  North 
American  colonies  it  is  necessary  to  refer  to  the  treaties  and  negotiations  which  pre- 
ceded the  convention  of  181l!),  so  far  as  they  relate  to  the  fisheries. 

-    ,1 

DEFINITIVK  TREATY  OF  PEACE,    1783. 

Article  3.  "  It  is  ogreed  that  the  people  of  the  United  States  shall  contlnne  to  en- 
joy, unmolested,  the  right  to  take  fish  of  any  kind  on  the  Grand  Hank,  and  on  all  the 
other  banks  of  Newfoundland ;  also  in  the  Gulf  of  St.  Lawrence,  and  at  all  other 
places  in  the  sea  wlioro  the  inhabitants  of  both  countries  used  at  any  timo  heretofore 
to  fish;  and,  nlHO,  that  they  shall  have  liberty  to  take  fish  of  every  kind  on  such  part 
of  the  coast  of  Newfoundland  as  British  fishermen  shall  use,  but  not  to  dry  or  cure  the 
same  on  that  island ;  and  also  on  the  coasts,  bays,  aud  creeks  of  all  other  of  His 
Britannic  Majesty's  dominions  in  America." 

In  the  treaty  of  Ghent,  terminating  the  last  war  with  Great  Britain,  no  allusion 
was  made  to  the  subject  of  the  fisheries. 

lu  July,  1815,  complaint  was  made  that  American  fishing  vessels,  engaged  in  the 
ood-fishery  off  the  coast  of  Nova  Scotia,  hud  been  ordered  away  by  a  British  sloop-of- 
war,  aud  this  act,  while  it  was  declared  to  be  totally  unauthoriited  by  His  Majesty's 
Government,  led  to  a  correspondence  between  our  minister  at  London  (John  Quiuoy 
Adams)  and  Lord  Bathurst,  in  which  the  United  States  adhered  to  the  right  and 
liberty  of  fishing  as  s'^cured  by  the  treaty  of  1783,  on  the  ground  that  those  rights 
and  liberties  were  not  grunts  from  the  King,  but  the  permanent  results  of  a  partition 
of  rights  at  the  time  of  the  separation  of  the  two  countries,  and  contended,  there- 
fore, that  they  could  not  be  impaired  by  a  state  of  war.  On  the  other  si^le  it  was 
asserted  that  while  the  right  described  in  the  treaty  may  not  have  been  impaired,  the 
"libertirs"  were  a  concession  dependent  on  the  treaty,  aud  as  the  treaty  was  abro- 
gated by  the  war,  so  also  were  the  "  liberties." 

CONVENTION  OF  1818. 

At  the  third  conference  held  between  the  American  and  British  plenipotentiaries — 
Messrs.  Gallatin  and  Rush  on  the  jtart  of  the  United  States,  and  Messrs.  Robinson  and 
Gold  burn  on  the  part  <^  Great  Britain — the  former  iiresented  a  proposition  in  regard 
to  the  fisheries  in  almost  the  identical  language  of  the  first  article  of  the  convention 
afterwards  adopted,  with  the  understanding  that  the  liberty  of  fishing  therein  de- 
scribed should  be  considered  as  a  permanent  right,  and  not  to  be  abrogated  bg  the  mere 
fact  of  a  war  between  the  two  parties. 

At  the  fifth  conference  a  counter  project  was  submitted  by  the  British  plenipoten- 
tiaries not  materially  differing  from  the  above,  except  that  the  renunciatory  clause 
was  omitted,  and  the  following  paragraph  added  > 

"And  in  order  the  more  effectually  to  guard  against  smuggling,  it  shall  not  be  law- 
ful for  vessels  of  the  United  States  engaged  in  the  said  fishery  to  have  on  board  any 
goods,  wares,  or  merchandise  whatever,  except  such  as  may  be  necessary  for  the 
prosecution  of  the  fishery,  a  support  of  the  fisherman  while  engaged  thereiu  or  in  the 
pro.secution  of  their  voyages  to  and  from  the  said  fishing  grounds.  And  any  vessel 
of  the  United  States  which  shall  contravene  this  regulation  may  be  seized,  condemned, 
aud  confiscated,  together  with  her  cargo." 

In  regard  to  this  paragraph,  and  to  another  referring  to  fishing  at  the  months  of 
rivers,  Messrs.  Gallatin  anil  Rush  presented  the  following  remarks: 

"  Whatever  extent  of  fishing  ground  may  be  secured  to  American  fishermen,  the 
American  plenipotentiaries  are  not  prepared  to  aonept  it  on  a  tenure,  or  on  conditions 
different  from  those  on  which  the  whole  has  been  heretofore  held.  Their  instructions 
dill  not  anticipate  that  any  new  terms  or  restrictions  should  be  annexed,  as  none  were 
Mi^uested  in  the  proposals  ihade  by  Mr.  BagQt  to  the  American  Goveroment.  The 
clause;)  forbidding  the  spreading  of  nets,  and  making  Tessels  liable  to  ooafisoatloa,  in 


16 


THE   FISHERIES   QUESTION. 


ease  an;/  arliohB  not  wanted  for  carryivij  on  the  fisherif  should  he  found  on  board,  are  of 
that  d(8Gription,  and  would  txpoao  the  fishermrn  to  endlexa  vvxalionH," 

At  tins  Hcvoiith  coateronco,  hold  on  the  KJth  October,  1818,  tho  British  plojiipoten- 
tiiuioH  Kiibmitted  a  second  counter  project,  conforming  with  the  views  and  free  from 
tho  obligations  presented  by  Messrs.  Gallatin  nud  Kiish,  and  this  project,  being  agreed 
t/O,  eonstitnted  tho  lirst  article  of  tho  convention,  as  follows: 

"Whereas  difl'erences  have  arisen  respecting  tho  liberty  claimed  by  tho  United 
States  for  the  inhahitaats  thereof  to  take,  dry,  and  cure  fish  on  certain  coasts,  bays, 
harbors,  and  creeks  of  his  Britannic  Majesty's  dominions  in  America,  it  is  agreed  he- 
tweeu  the  high  coutractiug  parties  that  the  inhabitants  of  said  United  States  shall 
have  forever,  in  commou  with  tho  snVyects  of  his  Britannic  Majesty,  the  liberty  to 
take  fish  of  every  kind  on  that  part  of  the  sonthern  coast  of  Newfoundland  which 
extends  from  Capo  iiay  to  the  liamea  Islands,  on  tho  western  and  northern  coast  of 
Kewfoundland  from  the  said  Cape  Ray  to  the  Rauiea  Islands,  on  the  western  and 
northern  coast  of  Newfoundland  from  the  said  Cape  Fay  to  the  Quirpon  Islands,  on 
the  shores  of  the  Magdalen  Islands,  and  also  on  the  coasts,  bays,  harbors,  and  creeks, 
from  Mount  Goly,  on  the  southern  coast  of  Lahrador,  and  through  the  Straits  of  Belle 
Isle,  and  thence  northwardly,  indefinitely,  along  tho  coast,  without  jjrejudice,  how- 
ever, to  any  of  tho  exclusive  rights  of  the  Hudson's  Bay  Company ;  and  that  the 
American  fishermen  shall  also  have  liberty  forever  to  dry  and  cure  fish  in  any  of  tho 
unsettled  bays,  harbors,  and  creeks  of  the  southern  part  of  tho  coast  of  Newfoundland, 
hereabove  described,  and  of  tho  coast  of  Labrador.  But,  bo  soon  as  the  same  or  any 
portion  thereof  shall  bo  settled  it  shall  not  be  lawful  for  the  said  fishermen  to  dry  or 
cure  fish  at  any  such  portion  so  settled  without  previous  agreement  for  such  purpose 
with  the  inhabitants,  proprietors,  or  possessors  of  tho  ground;  and  tho  United  States 
hereby  renounce  forever  any  liberty  heretofore  enjoyed  or  claimed  by  the  inhabitants 
thereof  to  take,  dry,  or  cure  fish,  or  witliin  3  marine  miles  of  any  of  tho  coasts,  bays, 
creeks,  or  harbors  of  His  Britannic  Majesty's  dominions  in  America  not  included 
within  the  above-mentioned  limits:  Provided,  hotcerer,  That  the  Aniericau  fisheruien 
shall  be  admitted  to  enter  such  bays  or  harbors  for  the  purpose  of  shelter  and  of  re- 
pairing damages  therein,  of  purchasing  wood  and  of  obtaining  water,  and  for  no 
other  purpose  whatever.  But  they  shall  be  under  such  restrictions  as  may  bo  neces- 
sary to  prevent  their  taking,  drying,  or  curing  fish  therein,  or  in  any  wanner  what- 
ever abusing  the  privileges  hereby  reserved  to  them," 

Tho  dift'erencos  which  have  heretofore  arisen  between  the  United  States  and  Great 
Britain,  touching  the  exercise  of  the  rights  and  liberties  secured  to  American  fisher- 
men, may  be  classed  under  two  principal  heads: 

1.  As  to  tho  construction  of  the  renunciatory  clause  of  tho  convention. 

Under  this  clause  Great  Britain  has  contended  that  no  American  fisherman  haa 
the  right  to  fish  within  3  marine  miles  of  tho  entrance  to  any  "  bay,"  which  "  from 
its  geographical  position  may  bo  properly  considered  as  included  within  the  British 
possessions,"  and  that  the  entrance  to  such  bay  must  bo  designated  by  a  line  drawn 
from  headland  to  heartland.  In  support  of  this  construction  it  has  been  urged  that 
"if  the  convention  was  intended  to  stipulate  simply  that  American  fishermen  should 
not  take  fish  within  3  miles  of  the  coast,  there  was  no  occasion  for  using  the  word 
bay  at  all,  but  the  proviso  at  the  end  of  the  article  shows  that  the  word  'bay'  was 
used  designedly,  for  it  is  expressly  stated  in  that  proviso  that,  under  certain  circum- 
stances, the  American  fishormeu  can  enter  baya,  by  which  is  evidently  meaut  that  they 
niav,  under  these  circumstantjes,  pass  the  sea  lino  which  forms  tho  entrance  to  the 
bay." 

According  to  this  construction,  so  undefined  and  indefinite,  the  bays  of  Fundy  and 
Cluileur,  or  any  exteut  of  tho  sea  lying  between  distant  headlands,  may  be  reserved 
under  the  name  of  bay,  for  the  exclusive  use  of  British  fishermen. 

The  United  States  are  firmly  opposed  to  such  a  construction,  believing  it  to  be  totally 
unauthorized  by  tho  language  or  intention  of  tho  convention,  or  by  the  right  acquired 
by  usage.  In  the  opinion  of  this  Government,  repeatedly  announced  at  ditterent 
periods,  the  American  fishermen  ha^  e  a  clear  right  to  the  use  of  tho  fishing  grounds 
lying  off  the  provincial  coasts,  whether  in  the  main  ocean  or  in  the  inland  seas,  pro- 
vided they  do  not  approach  withia  3  marine  miles  of  such  coasts  ov  of  the  entrance 
to  any  bay,  creek,  or  harbor  not  more  than  6  miles  in  width;  and  to  such  bays 
only  does  tho  renunciatory  clause  in  the  first  article  apply.  They  object  to  the 
British  construction  on  tho  ground  that,  if  such  arms  of  tho  sea  as  tho  bays  of  Fundy 
and  Chaleur,  or  such  curves  in  the  coast  as  the  bay  ot  Miramichi,  or  such  part  of  the 
Boa  included  between  headlands  as  the  wide  indentation  on  the  coast  of  Capo  Breton, 
lying  between  Cape  North  and  Cape  Percy,  were  the  "  bays"  renounced,  there  would 
bo  an  inconsistency,  if  not  a  clear  contradiction,  in  the  very  next  sentence  of  tho  arti- 
cle, which  authorizes  AraericaM  fishermen  "  to  enter  such  baya  for  the  purpose  of  shel- 
ter and  of  repairing  damages."  It  can  hardly  be  couteiuled  that  "shelter"  can  be 
obtained  in  the  bay  of  Fundy,  an  arm  of  the  sea  40  miles  wide  and  100  in  length, 
or  that  either  shelter,  wood,  or  water  can  he  obtained,  or  damages  repaired,  in  the 


THfi   FISHERIES   QUESTION. 


17 


curve  of  the  connt  between  the  headlandB  of  St.  Eacnmonao  and  niacklaiul  Point, 
(icniL'iisited  on  the  chart  aH  the  bay  of  Miraniichi.  It  is  objoc.ted  to,  alw),  for  the  rea- 
son that  it  would  permit  the  drawing  of  lines  anywhere  in  the  gulf  or  on  tlio  coaHt 
from  licatUaiid  to  headland,  any  one  of  which  conld  be  made  to  embrace,  at.one8w.e|), 
niaiiv  bays,  crooks,  and  harbors,  besides  a  portion  of  the  high  seas,  and  frvmi  which 
the  American  fishermen  could  ho  kept  an  indefinite  distance,  and  be  thereby  driven 
from  the  fishing  grounds. 

Moreover,  it  is  believed  that  while  the  British  constmction  isnot  necessary  to  Kccnro 
to  the  people  of  the  provinces  the  inshore  fisheries,  or  to  protect  their  rights  of  prop- 
erly or  their  territorial  jurisdiction,  all  of  which  are  amply  secured  by  the. 3  ina- 
rine'miles  restriction,  it  wouhl  materially  restrict  the  full  enjoyment  of  the  right 
which  wo  possesaed  before  the  Revolution,  which  was  acknowledged  in  the  definitive 
treaty  of  peace,  which  wa8  not  aff'ected  by  the  treaty  of  Ghent,  and  which,  a<;(M)rdiiig 
to  the  decision  of  Great  Britain,  expressed  in  the  correspondence  whicli  preceded  I  ho 
convention,  was  not  abrogated  by  the  war  of  1812.  That  right  is  "to  take  fish"  of 
any  kind  "in  the  gulf  of  St.  Lawrence,  and  at  all  other  places  in  the  sea  when>  tho 
inhaltitauts  of  both  countries  used  at  any  time  heretofore  to  fish."  No  construction 
liable  to  such  indefinite  extension  or  applic..tion  c^n  be  coi-rect  or  bo  allowed. 

In  I'fli*  Her  Majesty's  Government  receded  from  the  above  position,  so  far  as  tho 
bay  of  Fiindy  is  concusmed,  and  from  that  date  our  right  of  fishery  in  that  bay  has 
not  been  a  matter  of  dispute.  It  is  now  open  to  American  fishermen,  to  be  used  in 
the  same  nmnner  as  the  more  open  sea;  provided,  however,  that  they  do  not  take  fish 
within  3  marine  miles  of  the  coasts  or  of  the  entrance  to  any  bay,  creek,  or  harbor 
of  Nova  Scotia  or  New  Brunswick,  between  which  two  provinces  that  arm  of  tho  sea 
extends. 

2.  As  to  the  restrictions  imposed  by  the  colonies  to  prevent  the  privileges  of  shelter, 
etc.,  from  being  abused  b.\  American  fishermen. 

The  fishermen  of  the  United  States  are  frequently  compelled  by  rough  weather,  or 
by  injuries  to  their  vessels  received  in  a  gale,  or  in  consequence  of  collision  or  other 
accident,  to  seek  tho  nearest  port  for  shelter  and  repairs.  And  it  is  also  necessary  at 
stated  intervals,  while  they  are  engaged  during  the  summer  and  fall  in  following  their 
avocation,  that  they. should  take  on  board  a  resupply  of  wood  and  water;  and  for 
either  of  these  purposes  they  have  the  light,  so  long  as  the  convention  continues  in 
force,  to  resort  to  the  bays  and  harbors  of  the  diflferent  provinces. 

Some  of  the  colonial-  laws,  especially  those  of  Nova  Scotia,  enacted  to  prevent  tho 
abuse  of  these  privileges,  are  of  sucli  a  stringent  character  as  to  almost  annul  the 
right,  or  make  it  at  least  hazardous  for  American  fishermen  to  attempt  to  enjoy  it. 
Seizures  are  made  on  the  slightest  suspicion,  or  on  false  pretenses  or  charges;  heavy 
bonds  are  required  before  suit  can  be  instituted  to  recover;  the  owner  of  the  vessel 
unist  bring  the  charges,  and  if  unsuccessful,  he  is  mulcted  in  treble  costs,  bdsides 
the  loss  of  vessel  and  cargo. 

In  this  connection  it  miist  be  borne  in  mind  that  a  proposition  was  made  to  intro- 
duce into  the  convention  a  stipulation  that  "  it  shall  not  be  lawful  for  the  vesscds  of 
the  Uuited  States,  engaged  in  the  said  fishery,  to  have  on  board  any  goods,  wares,  or 
iiuTchauilise  whatever,  except  such  an  may  be  neces8»^ry  for  the  prosecution  of  the 
fishery  or  8upi)ort  of  the  fisliermen,"  etc..  and  that  this  proposed  stipulation  having 
bicn  objected  to  by  Messfs.  Gallatin  and  Rush,  on  the  ground  that  it  "  would  expose 
our  fishermen  to  endless  vexations,"  it  was  withdrawn  by  the  British  plenipoten- 
tiaries. 

Such  was  the  condition  of  tho  controversy  between  the  United  States  and  Great 
Ihitain  as  to  the  limits  of  our  right  of  fishery  on  tho  provincial  coasts,  and  such  the 
severe  restrictions,  amounting  almost  to  prohibition,  on  the  privilege  of  entering  bays 
and  harbors  for  shelter,  wood,  or  water,  previous  to  1^54,  the  date  of  the  late  re- 
ciprocity treaty  with  Great  Britain.  That  treaty  having  expired  on  tho  17th  of  March 
last,  the  American  fishermen  must  fall  buck  on  their  rights,  as  thus  explained  and  as 
heretofore  enjoyed. 

1  have  the  honor  to  be,  very  respectfully,  your  obedient  servant, 

Richard  D.  Cutts. 


[protocol.] 

Whereas  in  tho  first  article  of  the  convention  between  the  United  States  and  Great 
Hritain,  concluded  and  signed  in  London  on  tho  20th  of  October,  1H18,  it  was  declared 
lliat  "the  United  States  hereby  renounce  forever  any  liberty  heretofore  enjoyed  or 
claimed  by  the  inhabitants  thereof  to  take,  dry,  or  cure  fish  on  or  withiii  3  ma- 
riuo  miles  of  any  of  the  coasts,  bay's,  creeks,  or  harbors  of  His  Britannic  Majesty's 
dominions  in  America  not  included  within  certain  limits  heretofore  mentioned ; "  and 
wherecs  dilferences  have  arisen  in  regard  to  the  extent  of  the  above-mentioned  re< 

3.  Ex.  113 2 


18 


THE   FISHEEIES   QUESTION. 


!i]i 


nnnciation,  tho  Qovornment  of  tbe  United  States  and  Her  Majesty  the  Quoen  of  Great 
Britain,  boinjj  equally  dosirous  of  avoiding  further  luisundorataudinjj,  liavo  n);rced  to 
appoint,  and  do  hereby  authorize  the  appointment  of  a  mixed  couiniission  for  the 
following  purposes,  namely: 

1.  To  agree  upon  and  define  by  a  series  of  linos  the  limits  which  shall  soparntn  the 
exclusive  from  the  common  right  of  tishing  on  the  coasts  and  in  tho  seas  adjacunt  of 
tho  British  North  American  colonies,  in  conformity  with  the  first  urticio  of  the  conven- 
tion of  1818 ;  the  said  lines  to  be  regularly  numbered,  duly  described,  and  also  clearly 
niiirkcd  on  charts  prepared  in  duplicate  for  the  purpose. 

"-i.  To  agree  upon  aud  establish  such  regulations  as  may  be  necessary  and  proper  to 
Becure  to  the  fishermen  of  the  United  States  the  privilege  of  entering  bays  anil  bar. 
bors  for  the  purpose  of  shelter  and  of  repairing  damages  therein,  of  jinrchaslng  wood, 
and  of  obtaining  water,  and  to  agree  upon  and  establish  such  restrict  inns  as  may  bo 
necessary  to  prevent  the  abuse  of  tho  privilege  reserved  by  said  convention  to  the 
fishermen  of  tho  United  States. 

IJ.  To  agree  upon  and  recommend  the  penalties  to  be  adjudged,  and  such  proceed- 
ings and  jurisdiction  as  may  be  necessary  to  secure  a  speedy  trial  and  judgmcMit  with 
as  little  expense  as  possible,  for  the  violators  of  rights  and  the  transgressors  of  the 
limits  and  restrictions  which  may  be  hereby  adopted. 

Provided,  however,  That  tho  limits,  restrictions,  and  regulations  which  may  be 
agreed  upon  by  the  said  commission  shall  not  be  final,  nor  have  any  efltu^t,  until  so 
jointly  confirmed  and  declared  by  the  United  States  and  Her  Majesty  the  Quecm  of 
Great  Britain,  either  by  treaty  or  by  laws,  mutually  acknowledged  and  accepted  by 
the  President  of  the  United  States,  by  aud  with  the  consent  of  the  Senate,  aud  by 
Her  Majesty  the  Queen  of  Great  Britain. 

Pending  a  definitive  arrangement  on  the  subject,  the  United  States  Governmeut 
engages  to  give  all  proper  orders  to  ofiicers  iu  its  employment,  and  Her  Britannic 
Majesty's  Government  engages  to  instruct  the  proper  colonial  or  other  Brit  isii  oflicers 
to  abstain  from  hostile  acts  against  British  aud  United  States  fishermen  respectively. 

(Foreign  Kelatious,  1866,  vol.  l,p.98.) 


■,  •    '  '  ,      .  .  -^  •        [InclosureSlnNo.  450.— Tranalfttion.]  !    ■ ' '^ 

Convention  between  Her  JiritannioMaje8!y,the  Ge^-man  Emperor,  King  of  Prmma,  the  King 
of  ihe  Belgians,  the  King  of  Denmark,  the  PresidcHt  of  the  French  Uepuhlic,  and  the 
King  of  the  Netherlands,  for  regulating  the  police  of  the  North  iSea  fisheries. 

"     "  (Signed  at  The  Hague,  May  6,  1882.) 

Her  Maje.sty  tho  Queen  of  the  United  Kingdom  of  Great  Britain  and  Ireland  ;  His 
Mnj''8ty  tho  German  Emperor,  King  of  Prussia :  His  Majesty  the  King  of  the  Belgians ; 
His  Majesty  tho  King  of  Denmark;  the  President  of  the  French  Republic;  and  His 
Majesty  the  King  of  tlie  Netherlands,  having  recognized  the  necessity  of  regulating 
the  police  of  the  fisheries  in  tho  North  Sea,  outside  torritoi>ial  waters,  have  resolved 
to  conclude  for  this  purpose  a  convention,  and  have  named  their  pleni^totentiaries  as 
follows : 

Her  Majesty  the  Queen  of  the  United  Kingdom  of  Great  Britain  and  Ireland,  the 
honorable  William  Stuart,  companion  of  the  Most  Honorable  Order  of  the  Bath,  etc., 
her  envoy  extraordinary  and  minister  plenipotentiary  at  The  Hague  ;  Charles  Mal- 
colm Kennedy,  esq.,  companion  of  tho  Most  Honorable  Order  of  the  Bath,  etc.,  head 
of  the  commercial  department  of  tho  foreign  office  ;  aud  Charles  Cecil  Trevor,  esquiie, 
barrister  at  law,  assistant  secretary  to  tho  Board  of  Trade,  etc.; 

His  Majesty  the  German  Emperor,  King  of  Prussia,  Veit  Richard  von  Schmidthals, 
knight  of  the  Order  of  the  Red  Eagle  of  the  third  class,  and  of  the  Order  of  St. 
John,  etc.,  councilor  of  legation,  his  charg6  d'affaires  at  The  Hague;  and  Peter 
Christian  Kiuch  Donner,  knight  of  the  Order  of  the  Red  Eagle  of  the  fourth  class 
with  the  sword,  and  of  the  crown  of  the  fourth  class,  etc.,  his  councilor  of  state, 
captain  in  the  navy,  on  the  reserve  ? 

His  Majesty  the  King  of  tho  Belgians,  the  Baron  d'Anethan,  commander  of  the 
Order  of  Leopold,  etc.,  his  envoy  extraordinary  and  minister  plenipotentiary  at  The 
Hague;  and  M.  L<$opold  Orban,  commander  of  the  Order  of  Leopold,  etc.,  his  en- 
voy extraordinary  and  minister  plenipotentiary,  director-general  of  the  political  de- 
partment in  the  ministry  of  foreign  affairs ; 

His  Majesty  the  King  of  Denmark,  Carl  Adolpb  Bruun,  knight  of  the  Order  of  tho 
Danebrog,  etc.,  captain  in  the  navy  ; 

The  President  of  the  French  Rejiublic.  theCount  Leffebvre  de  Bchaine,  commander 
9I  the  national  order  of  the  Legion  of  Honor,  etc.,  envoy  extraordinary  aud  minister 


THE   FISHERIES   QUESTION. 


19 


on  of  Great 
o  0)1;  recti  to 
sioii  fur  the 

oparnt«  tlio 
udjiiciitit  of 
tlio  eoiivcH- 
uIho  cleurly 

(1  proper  to 
\H  and  Imr- 
isiii<>'  wooil, 
H  as  may  lift 
tiou  to  the 

ell  proceed- 
i^iueiit  with 
MHors  of  the 

ich  uiay  be 
•vt,  until  8o 
10  Qiicen  of 
accepted  by 
lato,  tiud  by 

Glovernmciit 
in'  Britiiiiuio 
itisli  oilieers 
cspcctively. 


sia,  the  King 
blic,  and  the 
iea. 


reland ;  His 
10  Belgians; 
ic ;  and  Ilia 
rej^nlating 
i,ve  resolved 
beiitiaricH  as 

[reland,  the 
Bath,  etc., 
tharles  Mal- 
|i,etc.,  head 
^or,  csquiie, 

chniidthals, 
Jrder  of  St. 
and  Peter 
[fourth  class 
lor  of  state, 

Lder  of  the 
[iary  at  The 
Itc.,  his  en- 
l)oliticalde- 

Irder  of  the 

cnmniauder 
id  miaU(«p 


plenipotentiary  of  the  French  Republic  at  The  Hapfne;  and  M.  Gnptavo  fimile  Man- 
cel  olfleerof  the  national  order  of  the  Legion  of  Honor,  etc.,  coniniisaary  of  marine; 

His  Majesty  the  King  of  the  Netherlands,  the  Jonkheer  Willeui  Frederik  Rochussen, 
coniiiiauder  of  the  Order  of  the  Lion  of  the  Netherlands,  etc.,  his  minister  of  foreign 
aifairs,  and  Edaard  Nicolaas  Rabusen,  knight  of  the  Order  of  the  Lion  of  the  Nether- 
ian<l8,'etc.,  president  of  the  committee  for  sea  flsheries: 

Who,  after  having  communicated  the  ono  to  tlie  other  their  full  powers,  found  ia 
good  aud  due  form,  liave  agreed  upon  the  following  articles : 

AnxiCLit  I. 

The  provisions  of  the  present  convention,  the  object  of  which  is  to  regulate  the 
polioo  of  the  fisheries  in  the  North  Sea,  outside  territorial  waters,  shall  apply  to  the 
Hiilijects  of  the  high  contracting  parties. 

Article  IL 

The  fiflliermen  of  each  country  shall  enjoy  the  exclusive  right  of  fishery  within  the 
distance  of  3  miles  from  low-water  mark  along  the  whole  extent  of  the  coasts  of  their 
lespective  countries,  as  well  as  of  the  dependent  islands  and  banks. 

Ah  regards  bays,  the  distance  of  3  miles  si  U  be  measured  from  a  straight  lino  drawn 
across  the  bay  in  the  part  nearest  the  entrance,  at  the  iirst  point  where  the  width 
does  not  exceed  10  miles. 

The  present  article  shall  not  in  any  way  prejudice  tlio  freedom  of  navigation  and 
anchorage  in  territorial  waters  accorded  to  fishing  boats,  provided  they  conform  to 
the  special  polire  roj^ulations  enacted  by  the  powers  to  whom  the  shore  belongs. 

Article  III. 

The  miles  mentioned  in  the  preceding  article  are  geographical  miles,  whereof  60 
make  a  degree  of  latitude. 

Article  IV. 

For  the  purpose  of  applying  the  provision'-  ?  the  present  convention,  the  limits 
of  the  North  Sea  shall  be  fixed  as  follows ; 

1.  On  the  north  by  the  parallel  of  the  61st  uogree  of  latitude.         .      . 

2.  On  the  east  and  south: 

( 1 )  By  the  coasts  of  Norway,  between  the  parallel  of  the  6l8t  degree  of  latitude 
end  Liudiesnaes  light-house  (Norway); 

('i)  By  a  straight  line  drawn  from  Lindesnaes  light-house  (Norway)  to  Hanstholm 
light-house  (Denmark); 

(3)  By  the  coasts  of  Denmark,  Germany,  the  Netherlands,  Belgium,  and  France,  as 
far  as  Griz  Nez  light-house. 

3.  On  the  west: 

(1)  By  a  straight  line  drawn  from  Griz  Nez  light-house  (France)  to  the  .jastern- 
most  light-house  at  South  Foreland  (England) ; 

(2)  By  the  eastern  coasts  of  England  and  Scotland ; 

(3)  By  a  straight  line  joining  Duncansby  Head  (Scotland)  and  the  southern  point 
of  South  Ronaldshay  (Orkney  Islands); 

(4)  By  the  eastern  coasts  '>f  the  Orkney  Islands; 

(5)  By  a  straight  line  joining  North  Ronaldshay  light-house  (Orkney  Islands)  and 
SuinUurgh  Head  light-house  (Shetland  Islands) ; 

(0)  By  the  eastern  coasts  of  the  Shetland  Islands ; 

(7)  By  the  meridian  of  North  Unst  light-house  (Shetland  Islands)  as  far  as  the 
parallel  of  the  Olst  degree  of  latitude. 

Article  V. 

The  fishing  boats  of  the  high  contracting  parties  shall  he  registered  in  accordance 
with  the  administrative  regulations  of  eacn  country.  For  each  port  there  shall  be  a 
consecutive  series  of  numbers,  preceded  by  one  or  more  initial  letters,  which  shall  he 
specified  by  the  superior  competent  authority. 

Each  Government  shall  draw  up  a  list  showing  these  initial  letters. 

This  list,  together  with  all  modifications  which  may  sabsequoutly  be  made  in  it, 
shall  bo  notified  to  the  other  contracting  powers. 

Article  VI. 

Fishing  boats  shall  bear  the  initial  letter  or  letters  of  the  port  to  which  they  belong, 
and  the  registry  number  in  the  series  of  numbers  for  that  port. 


20 


THE    FISHEUIES   QUESTION. 


i 


1^^ 


AUTICLIO    VII. 

Tho  naino  of  each  llshing  bonf,  ami  tliat  of  Urn  port  to  wliicli  nho  holongH,  shall  be 
paiiitoil  in  wliito  nil  color  ou  u  black  ground  on  the  Ntcrii  of  the  boat,  in  lotlera 
which  Hhall  be  at  least  8  ccntimuterH  iu  height  auil  I'i  niilllinoterH  In  breadth.     * 

Article  VIII. 

The  letter  or  letters  and  ininibers  shall  bo  placed  on  each  bow  of  the  boat,  8  or  10 
centimeters  below  the  gunwale,  and  so  as  tu  bo  clearly  visible.  They  shall  be  puiuted 
iu  white  oU  color  on  a  black  gronnd. 

The  distance  above  mentioned  shall  not,  however,  bo  obligatory  for  boats  of  small 
burden,  which  may  not  have  snfllcient  space  below  the  gunwale. 

For  boats  of  15  tons  burden  and  upwards  the  dimensions  of  the  letters  atul  numbers 
almll  be  4.5  certimoters  in  height  and  G  centimeters  in  breadth. 

For  boats  of  less  than  15  tons  burden  the  dimensions  shall  be  25  centimeters  in 
height  and  4  oentlnieters  in  breadth. 

The  same  letter  or  letters  and  numbers  shall  also  bo  painted  on  each  side  of  the 
maiiisail  of  the  boat,  immediately  above  the  close  reef,  iu  black  color  ou  white  or 
tanned  sails,  and  in  whito  oil  color  ou  black  sails. 

The  letter  or  lotters  and  numbers  ou  the  uaila  shall  bo  one-third  larger  in  every  way 
than  those  placed  ou  the  bows  of  the  boat. 

Article  IX. 

Fishing  boats  may  not  have,  either  on  their  outside  or  on  their  sails,  any  names, 
letters,  or  numbers  other  -thau  those  prescribed  by  Articles  VI,  VII,  and  VllI  of  the 
present  couventioa. 

^    .  Article  X. 

The  names,  letters,  and  numbers  placed  on  the  boats  and  on  tlteir  sails  shall  not  be 
effaced,  altered,  m&de  illegible,  covered,  or  concealed  iu  auy  manner  whatsoever. 

Article  XI. 

All  tho'flmall  boats,  bnoys,  principal  floats,  trawla,  grapnels,  anchors,  and  generally 
all  fishing  implements,  shall  be  marked  with  the  letter  or  letters  and  numbers  of  the 
boars  to  which  they  belong. 

These  letters  and  numbers  shall  be  large  enough  to  bo  easily  distinguished.  The 
O'^'ner  of  the  uets  or  other  fishing  implements  may  furtbor  distiuguish  them  by  any 
private  marks  they  thiuk  proper. 

Article  XII. 

• 

The  master  of  eacfi  boat  must,  have  with  him  an  ofBcial  document,  .ssned  by  the 
proi^er  authority  in  bis  owu  country,  for  the  purpose  of  enabling  him  to  establish  the 
nationality  of  the  boat. 

This  document  must  stlways  give  the  letter  or  letters  and  number  of  the  boat,  as 
well  as  her  description  and  the  name  or  names  of  the  owner  or  the  name  of  the  firm 
or  association  to  which  she  belongs. 

Article  XIII. 
The  nationality  of  a  boat  must  not  be  concealed  in  any  manner  whatsoever. 

Article  XIV 

No  fishing  boat  shall  anchor,  between  sunset  ana  sunrise,  ou  grounds  where  drift- 1 
net  fishing  is  actually  going  on. 

This  prohibition  shall  not,  however,  apply  to  anchor! ngs  which  may  take  place  in 
consequence  of  accidents  or  any  other  compulsory  circumstances. 

Article  XV. 

Boats  arrived  on  the  fishing  grounds  shall  not  either  place  themselves  or  shoot  their 
nets  in  such  a  way  as  to  injure  each  other,  or  as  to  interfere  with  fishermen  who  haV9 1 
f^lready  commenced  their  operatiouQ, 


ia  every  way 


THE   FISUERIKS   tiUKsTlON. 
AinicLE  XVI. 


21 


Whcnpver,  with  a  view  of  drift-not  flsJiinji,  decked  boats  and  imdnckod  boata  com- 
ni'Mio^  HliontiiiK  their  iietH  iit  the  hiuiiu  time,  tiie  miduckud  bouts  Hhull  Hliuot  tbuir  uuts 
to  windwiird  (il'tlio  decked  l)oal8. 

The  decked  boatB,  on  their  part,  shall  sboot  their  ucts  to  leeward  of  the  uudecked 

Asa  rule,  if  decked  oats  sboot  their  nets  to  windward  of  nndecked  boats  which 
have  be;;iin  lisliiii;!;,  or  .  uudecked  boats  whoot  tlieir  nets  to  leeward  of  decked  lumts 
which  l7ave  bcjjuii  lishinj},  the  respouNibility  as  regards  any  damages  to  uets  which 
uiav  r>suit  wliall  re^t  with  the  boats  which  last  hegau  lishiujj,  unless  they  can  pnive 
that  titey  were  under  stress  of  coniiiiilsory  circuuistauces,  or  that  the  duuiu^*)  '•v<ui  uot 
caused  liy  their  fault. 

AUTICLK  XVII. 

No  net  or  any  other  flHliin^  engine  shall  be  set  or  anchored  on  grounds  where  drift- 
net  lishing  is  actually  goiug  on. 

Article  XVIII. 

No  fisherman  shall  make  fast  or  hold  on  his  boat  to  the  nets,  buoys,  floats,  or  any 
other  part  of  tlio  lishiug  tackle  of  another  tisherumn. 


Article  XIX. 


Wiien  trawl  fishermen  are  in  sight  of  drift-not  or  of  long-lino  fishermen,  they 
takt!  all  necessary  steps  in  order  to  avoid  doing  injury,  to  tlie  latter.     Where  da..i<.ii« 
is  caused,  the  responsibility  shall  lie  ou  the  trawlers,  iiuioss  they  can  prove  that  they 
were  under  stress  of  compulsory  circnmstauces,  or  that  the  loss  sustained  4'*!  uot  ro- 


Rhall 
uiage 


suit  fruiu  their  fault. 


Article  XX. 


Wlieii  nets,  belonging  to  diiferont  fishermen  get  foul  of  each  other,  they  shall  uot 
be  cut  without  the  conmuit  of  both  parties. 

All  responsibility  shall  cease,  if  the  impossil)ility  of  disengaging  the  nets  by  any 
other  means  is  proved. 

Article  XXI. 

When  a  boat  fishing  with  long  linos  entangles  her  lines  in  those  of  another  boat 
the  person  who  hauls  up  tlie  lines  shall  not  cut  them,  except  under  stress  of  compul- 
Rory  circumstances,  in  which  case  any  lino  which  may  be  cut  shall  be  immediately 
joined  together  again. 

Article  XXII. 

Except  in  cases  of  salvage,  and  the  cases  to  which  the  two  preceding  articles  re- 
late, no  lisheriuan  shall,  under  any  pretext  whatever,  cut,  hook,  or  lift  up  uets,  liuesi 
or  other  gear  not  belonging  to  him. 

Article  XXIII. 

The  nse  of  any  instrument  or  engine  which  serves  only  to  cut  or  destroy  nets  is 
forbidden. 

The  jiresence  of  any  such  engine  ou  board  a  boat  is  also  forbidden. 

The  high  contracting  parties  engage  to  take  the  necessary  measures  for  preventing 
the  embarkation  of  such  engines  on- board  fishing  boats. 

Article  XXIV. 

Fishing  boats  shall  conform  to  the  general  rules  respecting  lights  which  have  been, 
or  iiiay  be,  adopted  by  mutual  arraugomeut  between  the  high  contracting  parties 
1  with  the  view  of  preventing  collisions  at  sea. 

Article  XXV. 

^    All  fishing  boats,  all  their  small  boats,  all  rigging  gear  or  other  appurtenances  of 
I  fishing  boats,  all  nets,  lines,  buoys,  fiuats,  or  other  f^hing  implements  whatsoever 


22 


THE   FISHERIES  QUK^ATlON. 


r' 


found  or  pioked  np  at  sea,  whothnr  mark«(l  or  tinmarkod,  shall,  as  soon  as  possible,  be 
dolivereu  to  the  oonipetunt  authority  of  the  flrHt  port  to  which  the  Halving  boat  re- 
turns  or  puts  in 

Such  authority  shall  inform  the  consul  or  consular  agent  of  the  country  to  whirli 
the  boat  oi^  thit  salvor  belongH,  and  of  th*«  nation  of  the  osviiims  of  Hid  nttich^H  found, 
They  [the  same  authority]  mIiuII  restore  the  articles  to  the  owners  tlu)icM>f  or  to  tlicir 
representativis,  a.^  soon  as  such  articles  are  claimed  and  tlie  interests  of  the  suIvoih 
Lave  been  properly  guarantied. 

Tlie  administrative  or  Judicial  authorities,  according  us  the  laws  of  the  diiTertMit  .J 
countries  may  provide,  shall  (ix  the  amount  which  the  owners  shall  pay  to  the  salv- 
ors. 

It  is,  however,  agreed  that  this  pro\  ision  shall  not  in  any  way  ]>rf.)udice  such  con- 
ventions respecting  this  mutter  as  are  already  in  force,  and  tliut  tint  hi)rh  <'()ntractin)r 
parties  rest^rve  the  right  of  regulating,  by  special  arrangements  between  themselves, 
the  amount  of  salvage  at  a  fixed  rate  per  net  salved. 

Fishing  implomeats  of  any  kind  found  unmarked  shall  be  treated  as  wreck. 

Akticle  XXVI. 

The  snperintendence  of  the  fisheries  shall  be  exercised  by  vessels  belonging  to  the 
national  navies  of  the  high  contracting  ])arties.  In  the  caseof  lielgium,  such  vessclo 
may  be  vessels  belonging  to  the  State,  commanded  by  captains  who  hold  commissiouH. 

AUTICLK  XXVII. 

The  execution  of  the  regulationS  respectinpr  the  document  establishing  nationality, 
the  marking  and  numbering  of  boats,  etc.,  and  of  fishing  iin)>li'mentN,  as  w«dl  as  tl.u 
presence  on  board  of  instruments  which  ure  forbi<klt'n  (Articles  VI,  VII,  VIII,  IX,  X, 
XI, XII,  X<II,  and  XXIII,  section  2),  is  placed  under  the  exclusive  siiperiiiten(lencu  ut' 
cruisers  ofithe  nation  of  each  fishing  boat. 

Nevertheless  the  commanders  of  cruisers  shall  ac(iuaint  each  other  with  any  in- 
fractions of  the  above-mentioned  regulations  committed  by  the  fishermou  of  uuotbur 
nation. 

AimcLK  XXVIII. 

The  cruisers  of  all  the  high  contracting  parties  shall  bo  competent  to  nuthenticiito 
all  infractions  of  the  regulations  prescribed  by  the  present  uonventiou,  other  than 
those  referred  to  in  Article  XXVII,  and  all  ofleiises  relating  to  fishing  operations, 
whichever  may  be  the  nation  to  which  the  fishermen  guilty  of  such  infractions  niiiy 
belong. 

AUTICLE  XXIX. 

When  the  commanders  of  cruisers  have  reason  to  believe  that  an  infraction  of  the 
provisions  of  the  present  convention  has  been  committed,  tliey  may  re(juire  tlie 
master  of  the  boat  inculpated  tooxhibit  theoilicial  di>cuinenl  establishing  her  nation- 
ality. The  fact  of  such  document  having  been  exhibited  shall  then  be  indorsed  npou 
it  immediately. 

The  comm.tnders  of  cruisers  shall  not  pursue  further  their  visit  or  search  on  board 
a  fishing  boat  which  is  not  of  their  own  nationality,  uiih'ss  it  should  be  necessary  for 
the  purpose  of  obtaining  proof  of  an  offense  or  of  a  contra vontiou  of  regulations  re- 
specting the  police  of  the  fisheries. 

Article  XXX. 

The  commanders  of  the  cruisers  of  the  signatory  powers  shall  exercise  thtir  judg- 
ment as  to  th  I  gravity  of  facts  brought  to  their  knowledge,  and  of  which  they  are  I 
empowered  tt  take  cognizance,  and  shall  verify  the  damage,  from  whatever  cause  | 
arising,  which  may  be  sustained  by  fishing  boats  of  the  nationalities  of  the  high  con- 
tracting parties. 

They  shall  draw  up,  if  there  is  occasion  for  it,  a  formal  statement  of  the  verification  I 
of  the  facts  as  elicited  both  from  the  declarations  of  the  parties  interested  and  from  | 
the  testimony  of  those  present. 

The  commander  of  the  cruiser  may,  if  the  case  appears  to  him  sufficiently  serious  to  I 
justify  the  step,  take  the  offendin.?;  boat  into  a  port  of  the  nation  to  which  the  fisher- r 
man  belongs.     He  may  even  take  on  board  the  cruiser  a  part  of  the  crow  of  the  Wish- 
ing boat  in  order  to  hand  them  over  to  the  authorities  of  her  nation. 

Article  XXXI. 

The  formal  statement  referred  to  in  the  preceding  article  shall  be  drawn  up  in  tb«| 
language  of  the  commander  of  the  cruiser,  and  according  to  the  forms  in  use  ^a  bii| 
oooutry. 


THE    KtHtlKRlKS   QHR8TI0N. 


23 


Tlio  acciiHfld  and  tho  wltneiwOH  Hliall  bo  entitled  to  luld,  or  to  liiivo  nddcd,  to  Hiich 
BtatoiiHMit,  ill  their  own  lanRuoKo,  any  observations  or  ovidonoo  which  thoy  may  think 
Buitubh*.    Such  declarations  luiiHt  bo  duly  nigued. 

AUTICLK  XXXII. 

RpfliRtanco  to  tho  diroctions  of  coininandom  of  crniaorR  cborgcd  with  tbo  polipo  of 
the  llsiierioH,  or  of  tlioso  who  not  under  tlieir  orders,  shall,  without  taking  inti)  ac- 
count tiie  nationality  of  tho  cruiser,  bo  cousidered  as  rosistaucc  to  tho  authority  of 
the  nation  of  tho  iishiug  boat. 

Articlk  XXXIII. 

Wlien  tho  act  alleged  is  not  of  a  serinuH  character,  but  has  novertlielesii  cansod 
damage  to  any  lishurniun,  tho  commanders  of  cruisers  shall  be  at  liberty,  should  the 
parties  concerned  agree  to  it,  to  arbitrate  at  sea  between  them,  and  to  llx  tho  compen- 
sation to  be  paid. 

Where  one  of  tho  parties  is  not  in  a  position  to  settle  the  matter  at  once,  tho  com- 
manders shall  cause  the  parties  concerned  to  sign  in  duplicate  a  formal  documeut 
specifying  the  com]>enHution  to  be  ])aid. 

One  copy  of  this  document  shall  ronutin  on  board  the  cruiser,  and  tho  other  shall  bo 
handed  to  the  master  of  the  boat  to  which  tho  compensation  is  duo,  in  order  that  ho 
may,  if  nocessary,  )»e  able  to  make  use  of  it  before  the  courts  of  the  country  to  which 
the  debtor  belongs. 

Whore,  on  the  contrary,  tbo  parties  do  not  consent  to  arbitration,  the  commanders 
shall  act  iu  accordance  with  tho  provisions  of  Ar£lclo  XXX. 

AnxiCLK  XXXIV. 

Tho  prosecutions  for  offenses  against,  or  contraventions  of,  tho  present  convon* 
tioD  shall  be  instituted  by,  or  iu  the  name  of,  tho  state. 

Article  XXXV. 

The  high  contracting  parties  engage  to  propose  to  tteir  respective  legislatures  tlio 
jietchsary  ineasuies  for  iusuring  tne  execution  of  the  present  convention,  aud  i)iirtic- 
uiail.v  lor  the  x>unishmont,  by  either  lino  or  imprisonment,  or  by  both,  of  persous  who 
may  coutravono  tho  provisions  of  Articles  VI  to  XXIII  iuclusive. 

AllTICtE  XXXVI. 

Ill  all  cases  of  assault  committed,  or  of  willful  damage  or  loss  inflicted,  by  fishermen 
of  one  of  the  contracting  countries  upon  fishermen  of  another  nationality,  tlie  courts 
of  tho  country  to  which  tho  boats  of  tho  offeudera  belong  shall  bo  empowered  to  try 
thtitn. 

The  same  rule  shall  apply  with  rogaru  to  offenses  against,  and  contraventions  of, 
the  present  convention. 

AUTICLK  XXXVII. 

The  proceedings  and  trial  in  cases  of  infraction  of  the  provisions  of  the  present 
couventiou  shall  take  place  as  summarily  as  the  laws  aud  regulations  in  force  will 
permit. 

Article  XXXVIII. 


The  present  convention  shall  be  ratified, 
the  Hague  as  soou  aa  possible. 


The  ratifications  shall  be  exchanged  at 


Article  XXXIX. 

Tho  present  convention  shall  bo  brougli',  into  force  from  and  after  a  day  to  be  agreed 
upon  by  the  high  contracting  parties. 

Tlio  convention  shall  continue  iu  operation  for  five  years  from  tho  above  d<iy  ;  and, 
nnless  one  of  tho  high  contracting  parties  shall,  twelve  mouths  before  the  expiration 
of  tho  said  period  of  live  years,  give  notice  of  intention  to  terminate  its  operation, 
shall  continue  in  force  one  year  longer,  and  so  on  from  year  to  year.  If,  however, 
one  of  tho  signatory  powers  should  give  notice  to  terminate  the  convention,  the  same 
Bhall  bo  maiutaiued  betweea  tho  other  coutractiug  parties,  unless  they  (rive  a  similar 
notice. 


24 


THE   FISHERIUS   QUESTION. 


Additioxal  Article. 

Tht,  Government  of  His  Majesty  tlie  King  of  Sweden  and  Norway  may  adhere  tn 
the  pri'seiit  convention,  for  Sweden  and  for  Norway,  either  jointly  or  separately. 

Til i«  adhesion  shall  be  notified  to  the  Netherlands  Government  and  by  it  to  the 
other  signatory  powers. 

In  witness  whereof  the  plenipotentiaries  have  dgned  the  present  convention,  and 
hiivo  alSxed  thereto  their  seals. 

Done  at  the  Hague,  in  six  copies,  the  Cth  May,  1882. 

;l.  3.  I  W.   g   'J ART. 


L.  8. 
.L.  8. 
L.  8. 

t,.a., 

L.  S. 
L.S. 
L.8. 
L.8. 

L.  8. 

L.  8. 

L.e. 


C.  M.  Kkrnkdt. 

C.  Cecil  Trevor. 

v.  schmidthals. 

Chr.  Donner. 

B""  A.  D'Anethan. 

Leopold  Orban. 

C.  Brdun. 

C»«.  Lef^bvrb  db  B^uainb. 

Em.  Mancel. 

Rochussen. 

£.  N.  Bahusfn. 


\  [Tiauslation.l 

In  conformity  with  the  agreement  arrived  at  between  their  repectivo  Grvernments, 
the  undersigned  envoj's  extraordinary  anu  ministers  plenipotentiary  of  Her  Majesty 
tlio  Queen  of  the  United  Kiugflom  of  Great  Britain  and  Ireland,  Empress  of  Imlia, 
Ilis  Majesty  the  German  Emperor,  King  of  Prussia,  His  Majesty  tho  King  of  the  Bel- 
gians, and  the  French  Republic,  met  together  this  day  at  the  otlico  of  the  minister  f(i  • 
foreign  affairs  at  the  Hague,  in  order  to  proceed  with  the  undersigned  minister  for 
foreij,n  attairs  of  His  Majesty  the  King  of  the  Netherlands,  to  the  examination  and 
deposit  of  the  instruments  of  ratification  of  the  conve.ition  signed  at  tho  Hague  tlie 
Cfh  May,  1882,  having  for  its  object  tho  regulation  of  tho  police  of  tho  fisheries  in  the 
North  Sea,  outside  territorial  waters. 

The  instruments  of  ratification  having  been  produced,  and  the  minister  for  foreign 
aflairs  of  His  Majesty  the  King  of  the  Netherlands  having  produced  the  instrument 
of  ratification  of  His  Majesty  tdo  King  of  Denmark,  which  the  minister  for  foreif;u 
affairs  at  Copenhagen  had  forwarued  to  him  in  a  note  dated  the  11th  June,  V**^?.,  as 
■well  as  the  instrument  of  ratification  signed  by  His  Majesty  the  King  of  the  Nether- 
lands, and  tho  said  instruments  having  been  examined  and  found  in  good  and  due 
form,  the  documents  were  delivered  to  the  mini,  ter  for  foreign  attaiisof  His  Majesty 
the  King  of  the  Netherlands,  in  order  that  they  might  remain  deposited  in  the  arch 
ives  of  the  department  for  foreign  aifairs  at  the  Hwgue,  such  deposit  being  in  jjlace 
of  an  exchange  of  the  said  instruments. 

Tho  undorsigued,  envoys  extraordinary  and  miuistersplcnipotentiary,  duly  author- 
ized by  their  respective  Governments,  and  the  undersigned,  minister  for  'oroign 
affairs  of  His  Majesty  the  King  of  the  Netherlands,  eipially  authorized  by  His  Ma- 
jesty the  King  of  tho  Netherlands,  and  by  the  Government  of  His  Majesty  the  King 
of  Denmark,  Iiave,  moreover,  mutually  agreed  that  the  couvention  shall  bo  put  into 
operation  two  months  after  the  date  of  the  present  protocol. 

In  witness  whereof  the  respective  plenipotentiaries  have  signed  thu  same,  and  have 
aflixed  thereto  tho  seal  of  their  arms. 

Done  at  the  Hague,  the  loth  day  of  March,  in  tho  year  of  grace  1884,  in  six  coi)ie3, 
of  which  one  shall  be  delivered  to  each  of  tho  six  Governments. 

W.  Stuakt, 

vox  Alvenslkren. 

B""  A.  D'Ane'iiian. 

Van  uek  Doks  ve  Willebois. 

Louis  Legrand. 

Vas  per  Does  de  Willeboi,^. 


ri>. 

8. 

[f' 

S. 

u. 

8. 

L. 

8. 

L. 

8. 

.1" 

S. 

tTrandation.] 

Tho  nndersigned,  envoys  extraordinary  and  ministerfl  plenipotentiary  of  His  Maj- 
esty tho  Gorman  Emperor,  King  of  Prnxsia,  His  Majesty  the  King  of  tho  Belgians,  the 
Fren-jh  Kopublic,  and  Her  Majesty  the  Quoon  of  tho  United  Kingdom  of  Great  Britain 
and  Ireland,  Emxness  of  India,  and  tho  uudorsigued,  miuister  for  foreign  affairs  of 


THE   PISHKKlES   QfJESTlON. 


25 


iventioD,  and 


S  B£UAINB. 


ttls  Mnjosty  tlio  Kin^  of  the  NotliorlandH,  who  is  also  authorized  to  rcprosont  the 
Govern iiKMit  of  tho  King  of  Deiimurlv  on  this  occasion,  liaving  met  together  at  the 
nttleo  oi'tlie  niiniHier  Cor  forcif^n  jirt'airsat  tho  Ha;;ue  <»ii  'Jio  15tli  March,  18-1,  fortlio 
imrposo  <it'(h'ii<»*itinj;  the  itiKtrinscnts  of  ratiiicafioii  of  tl>e  convention  sij^ncd  at  tlio 
Ha"uo  tl)<>  »'l:  Miiv,  \>i&2.  liavinjj  ibr  its  object  tlie  n-jinlation  of  tlie  jjolico  of  tha 
lislurles  in  tlio  Noiili  Sea  outside  territorial  wateis,  ami  in  orderto  Bi<j[n  the  protocol 
'n'lalive  to  said  ilP))<isition,  the  envoy  of  France  stafed  ihut,  while  lulherinK  to  tho 
time  ii'fi'ci'd  npon  for  inittin;!  tho  convention  into  operation,  the  Government  of  the 
KepultTic  niaiiilained  the  reserve  coutaiued  iu  article  '24  ot  the  law. of  t.'io  15th  Jan- 
uary, Ifidi,  thus  worded: 

"The  (arryiiifjiiito  elTVct  of  the  present  law  sliall  be  provisionally  suspended  np  to 
tlie  time  on  which  tho  other  signatory  powers  of  the  convention  of  the  6th  May, 
IS&i,  shall  have  i)rou:ulgated  tho  I'oualties  stipulated  in  Article  XXXV  o'  the  con- 
vention." 

Iho  other  undersigned  have  stated  to  him  that  thoy  tako  note  of  this  dcclaratioo. 

VON   ALVi:NS'..KnEN. 
*  llAHOy  D'ANKTilAN. 

(For  the  (Jovernnient  of  Denmark. 
Van  dkk  Dces  de  Willkbois. 
Louis  Licguanu. 
VV.  SxrAifi. 
Van  i)EU  Does  dk  VVillebois. 


ame,  and  have 
in  six  copies, 


No.  299. 

Mr.  Phelps  io  Mr.  Bai/ard. 

"So.  305.]  Legation  or  tiu.:  United  States, 

LonHou,  December  '6,  18S(>.    (lloceived  December  14.) 

Siu :  Rofcrrinjr  to  your  several  iiistriKitions  on  the  subject  of  the 
Caniuliiin  lisln-i-ies,  imiiii)i.'nMl,  resiioctivcly,  4oL',  458,  and  451),  4  have  the 
honor  to  iiil'oiiii  yon  thut  on  tho  U'tii  isoveniber  I  addressoil  a  note  to 
Lord  Iddesl«'if<li,  Her  iMajcsty'.s  secretary  of  state  for  foreijrn  aftair.s, 
iiM!losin.u'  a  ccpy  of  your  iiustiiictions,  No.  452,  relative  to  the  case  of  the 
Marion  OrintcK. 

On  the  iJOth  NovondxTl  liad  an  interview  with  his  lord&hip,  in  which 
tho  subject  of  tho  iiisfnictioii  above  mentioned  was  discussed. 

On  the  2d  Dccotnber  1  addressed  to  him  another  note  in  pursuance  of 
instruction  No.  458,  aslciny'  that  tlie  solicitors  for  tho  owners  of  the  tish- 
in;,'  vessel  David  J.  Adams  mtiy  bo  furnished,  lor  use  in  the  suit  con- 
cerning that  vessel  now  i)endinj''  at  Halifax,  with  copies  of  tho  original 
rejwrts  mentioned  in  that  instruction,  showing  the  charges  upon  which 
the  seiztire  was  originally  made. 

I  hav«  this  day  received  from  Loid  Iddesleigh  a  note,  dated  Novem- 
ber 30,  iu  reply  to  mine  addressed  to  him  on  the  11th  of  Sei)tember  last, 
on  tho  subject  of  tho  same  lisheries,  a  copy  of  which  has  heretofore  been 
iransinited  to  you. 

And  1  have  now  sent  a  note  to  Lord  Iddesleigh  acknowledging  the 
receipt  of  ids  communication,  and  saying  that  1  should  at  an  early  date 
submit  to  him  some  considerations  in  reply,  and  meanwhile  inclosing  to 
him,  in  jmrsuanco  of  his  request  uia<leat  the  interview  of  November  30, 
si'iopy  of  the  *'  Proposal  for  settlement"  transudttod  to  uio  'u  your  No. 
459,  together  with  a  copy  of  that  instruction. 

I  ha'^e  the  honor  to  inclose  herewith  copies  of  my  three  notes  above 
referred  to,  dated  November  27,  December  2,  and  December  3,  and  of 
Lord  Iddesleigh's  note  of  November  30. 
i  have,  etc., 

E.  J.  Phelps. 


If 


26  tHE   FISHERIES   QUESTION. 

[Inclosuro  1  in  No.  393.] 

Mr,  Phelpa  to  Lord  Iddesleigh. 

Legation  of  thb  United  States 

London,  November  27,  1886. 

My  Lord  :  I  liavo  tlie  honor  to  transmit  herewith  a  copy  of  an  instruction,  under 
date  of  November  6,  188G,  received  by  me  from  tbe  Secretary  of  State  of  tbe  United 
States,  relative  to  the  case  of  the  United  States  fishing  vessel  the  Marion  Grimes. 

ibe  subject  is  so  fully  presented  in  this  document,  a  copy  of  wh'ch  I  am  autliorized 
by  the  Secretary  to  place  in  the  hands  of  youi  lordship,  that  1  can  add  nothing  to 
what  is  therein  set  forth,  except  to  request  your  Inrdsliip's  early  attention  to  the  case, 
which  appears  to  be  a  very  flagrant  violation  of  the  rights  secured  to  American  fish- 
ermen under  the  treaty  of  lolc). 
I  have,  etc., 

E   J.  Phelps. 


•    I 


[Xnclosare  ^  in  No.  393.)         ,    ;■ 

;  Mr.  Phelps  to  Lord  Iddesleigh. 

Legation  of  the  United  R-'ates, 

London,  Decently  2,  1886. 

My  Loud:  Referring  to  the  conveifsation  I  had  the  honor  to  hold  with  yonr  lord- 
ship on  the  :?Oth  November,  relative  to  the  request  of  my  Government  that  tlieowners 
of  the  David  J.  Adams  may  befurn'shed  witha  copy  ofthe  original  reports,  stating 
the  charges  on  which  that  vessel  was  seized  by  the  Canadian  authorities,  I  desire 
now  to  )ilac6  bei'ore  you  in  writing  the  grounds  upon  which  this  request  is  preferred. 

It  will  be  in  the  recollection  of  your  lordship,  from  the  previous  correspondence 
relative  to  tlie  case  of  the  Jdams,  that  the  vessel  was  first  taken  possession  of  for  the 
alleged  otleuse  of  having  purchasheda  small  quantity  of  bait  within  the  port  of  Digby, 
in  Nova  iicotia,  to  be  used  in  lawful  fishing.  That  later  on  a  further  charge  was  made 
against  thd  vessel  of  a  violation  of  some  custom-house  regulation,  which  it  is  not 
claimed,  so  far  as  I  can  learn,  was  ever  before  insisted  on  in  a  similar  case.  I  think 
I  have  made  it  clear  in  my  note  of  the  2d  of  June  last,  addressed  to  Lord  Rosebery, 
then  foreign  secretary,  that  no  act  of  the  English  or  of  the  Canadian  Parliament 
existed  at  the  time  oi"  this  seizure  which  legally  justified  it  on  the  ground  of  the  pur- 
chase of  ba'*,  even  if  such  an  act  would  have  been  authorized  by  the  treaty  of  1818. 
And  it  is  a  natural  and  strong  inference,  as  I  have  in  that  communication  pointed  out, 
tliat  the  charge  of  violation  of  custom-house  regulations  was  an  afterthought,  brought 
forward  in  order  to  sustain  proceedings  commenced  on  a  different  charge  and  found 
untenable. 

In  the  suit  that  is  now  going  on  in  the  admiralty  court  at  Halifax,  for  the  purposa 
of  condemning  the  vessel,  still  further  charges  have  been  added.  And  tbe  Govern- 
ment of  Canada  seek  to  avail  themselves  of  a  clause  in  the  act  of  the  Canadian  Parlia- 
ment of  May  22,  1868,  which  is  in  these  words :  "  In  case  a  dispute  arises  as  to  whether 
any  seizure  has  or  has  not  been  legally  made  or  as  to  whether  the  person  seizing  was 
or  was  not  authorized  to  seize  under  this  act  •  »  •  the  burden  of  proving  the 
illegality  of  the  seizure  shall  be  on  the  owner  or  claimant.'' 

I  can  not  quote  this  provision  without  saying  that  it  is,  in  my  judgment,  In  viola- 
tion oftheprinciplesof  natural  justice,  as  well  as  ofthose  of  the  common  law.  Thata 
man  should  be  charged  by  police  or  executive  officers  with  the  commission  of  an  of- 
fense and  then  be  condemned  upon  trial  unless  he  can  prove  himself  to  be  innocent 
is  a  proposition  that  is  incompatible  with  the  fundamental  ideas  upon  which  the  ad- 
ministration of  justice  proceeds.  But  it  is  sought  in  the  present  case  to  carry  the 
Eroposition  much  further,  and  to  hold  that  the  party  Inculpated  must  not  only  prove 
iinself  innocent  of  the  offense  on  which  his  vessel  was  seized,  but  also  of  all  other 
charges  upon  which  it  might  have  been  seized  that  may  be  afterward  brought  for- 
ward and  set  up  at  the  trial. 

Conceiving  that  if  the  clause  I  have  quoted  from  the  act  of  1868  can  have  effect 
(if  allowed  any  effect  at  all)  only  upon  the  charge  on  which  the  vessel  was  origi- 
nally seized,  and  that  seizure  for  one  offense  can  not  bo  regarded  as  prima  facie  evi- 
dence of  guilt  of  another,  the  counsel  for  the  owners  of  tho  vessel  have  applied  to  the 
prosecntip.';  officers  to  be  furnished  with  a  copy  of  the  ri  ports  made  to  the  Govern- 
ment of  Canada  in  connection  with  the  seizure  of  th«>  vensel,  either  by  Captain  Scott, 
the  seizing  officer,  or  by  the  collector  of  customs  at  Digby,  in  order  that  it  might  be 
known  to  tho  defendant  and  be  shown  on  trial  what  the  charges  are  on  which  the 


tttE   i^^ISHERIES   QUESTION. 


21 


States. 
xber  'i7,  1886. 
ruction,  uurtet 
of  tbe  United 
ion  Grime*, 
am  autliorized 
idd  nothing  to 
lion  to  the  case, 
American  iinb- 


J.  Phelps. 


Fj-'ATES, 
eml<sr  2,  1886. 
with  yonr  lorrt- 
bhat  the  owners 
reportd,  stating 
Drities,  I  desiro 
est  is  preferred, 
correspondeiico 
jsbiou  of  for  the 
e  port  of  Digby, 
liarge  was  made 
which  it  is  not 
•  case.  I  think 
Lord  Roseberj', 
ian  Parliament 
und  of  the  pur- 
treaty  of  1818. 
ion  pointed  out, 
lought,  brought 
arge  and  found 

for  the  purposo 
d  the  Govern- 

rinadianParlia- 
s  as  to  whether 

ion  seizing  was 

of  proving  the 

ment,  in  viola- 
>ii  law.  That  a 
ission  of  an  of- 

to  be  innocent 
1  which  the  ad- 
se  to  carry  the 

not  only  prove 
Iso  of  all  other 
rd  brought  for- 

;an  have  effect 
sael  was  origi- 
prima  facie  ey\- 
3  applied  to  the 
to  the  Govern- 
Captain  Scott, 
hat  it  might  be 
e  on  which  the 


seiznro  was  grounded,  and  which  the  defendant  is  required  to  disprove.    This  most 
reasonable  reqnest  has  been  refused  by  the  prosecuting  offlccrs. 

lliider  those  circumstances  I  am  instructed  by  my  Government  to  re(|ue8t  of  Her 
Mfiji'sty's  Government  that  the  solicitors  for  the  owners  of  the  Darid  J.  Adams  in  the 
suit  pending  in  ll.alifax  may  be  furnished,  for  tho  purposes  of  the  trial  thereof,  with 
coniis  of  the  reports  above  mentioned.  And  I  l)eg  to  remind  your  lordshin  that  there 
is  no  time  to  be  lost  in  giving  tho  proper  dtrectiou  if  it  is  to  bo  in  season  for  the  trial, 
wbieli,  its  I  iini  informed,  is  being  pressed. 
I  have,  etc., 

E.  J.  FiiKLra. 


[Inclorare  3  in  Ko.  303.] 
The  Earl  of  Iddesleigh  to  Mr.  Phelp$. 

Foreign  Office,  November  30, 1886. 

Sm:  I  have  given  my  careful  consideration  to  the  contents  of  the  note  of  the  Uth 
Seiitenilur  last,  which  you  were  good  enough  to  address  to  me  in  reply  to  mine  of  tho 
Iwt  of  the  same  month,  on  the  subject  of  the  North  American  fisheries. 

The  (jnestion,  as  you  ire  aware,  lias  for  some  tune  i)ast  engaged  the  serious  atten- 
tion of  Her  Majesty's  Government  and  the  notes  which  have  been  addressed  to  yon 
in  relation  to  it.  both  by  my  predecessor  and  by  myself,  have  amply  evinced  the 
eiirucst  desire  of  Her  Majesty's  Government  to  arrive  at  some  equitable  settlement  of 
tho  controversy.  It  is,  therefore,  with  feelings  of  disappointment  that  they  do  not 
lind  in  your  note  under  reply  any  iiidicatio.i  of  a  wish  on  the  part  of  your  Govennnont 
to  enter  upon  negotiations  based  on  the  principle  of  mutual  concessions,  but  rather 
asHiIiiestion  that  some  ad  interim  couMtrnction  of  the  terms  of  tho  existing  treaty 
slionld,  if  possible,  be  reached,  which  might  for  the  present  remove  tho  chance  of  dis- 
putes; in  fact,  that  Her  Mnjesty's  Government,  in  order  to  allay  the  differences  which 
liavo  arisen,  should  temporarily  abandon  the  exercise  of  the  treaty  rights  which  they 
claim  and  which  they  con«eive  to  be  indisputable.  For  Her  Majesty's  Government 
an*  unable  to  perceive  any  ambiguity  in  the  terms  of  Article  1  of  the  convention  of 
1418,  nor  have  they  as  yet  been  informed  in  what  respects  the  construction  placed 
upon  that  instrument  by  the  Government  of  the  United  States  differs  from  ther  own. 
They  would,  therefore,  be  glad  to  learn  in  tho  first  place  whether  the  Government  of 
the  United  States  contest  that  by  Article  1  of  the  convention  United  States  fishermen 
are  prohibited  from  entering  British  North  American  bays  or  harbors  on  those  parts 
of  tho  coast  referred  to  in  the  second  part  of  tho  article  in  question  for  any  purposes 
save  those  of  shelter,  repairing  damages,  purchasing  wood,  and  obtaining  leater. 

Before  proceeding  to  niaiie  some  observations  upon  tho  other  points  dealt  with  in 
yonr  note,  I  have  the  honor  to  state  that  i  do  not  ])ropose  in  tho  present  coinmunica- 
tioii  to  refer  to  the  cases  of  the  schooners  Thomas  F.  Bayard  and  Mascot,  to  which  you 
allude. 

The  privileges  miniifestly  secured  to  United  States  fishermen  by  the  convention  of 
1818  in  Newfoundland,  Labrador,  and  the  Magdalen  Islands  are  not  contested  by  Her 
Mnjesty's  Government,  who,  whilst  determined  to  uphold  the  rights  of  Her  Majesty's 
North  American  lubjects,  as  defined  in  tho  convention,  are  no  less  anxious  and  re- 
solved ♦'»  maintain  in  their  fnll  integrity  the  facilities  for  prosecuting  the  fishing  in- 
dustry on  i,<^rtain  1  lited  portions  of  tho  coast  which  are  expressly  granted  to  citizens 
of  the  United  Sta  <•».  The  communications  on  tho  subject  of  these  two  schoinns, 
which  1  have  requested  Her  Majesty's  minister  at  Washington  to  address  to  Mr.  Bay- 
ard, can  not,  I  think,  have  failed  to  aft'ord  to  your  Government  satisfactory  assurances 
in  this  respect. 

llevcrting  now  to  your  note  under- reply,  I  beg  to  offer  tho  following  observations 
on  its  contents: 

In  tho  first  place,  you  take  exception  to  my  predecessor  having  declined  to  discuss 
the  case  of  the  David  J.  Adatiis,  on  tho  ground  that  it  was  still  subjudiue,  and  you 
state  that  your  Government  are  unable  to  accodo  to  the  proposition  contained  in  my 
note  of  tho  1st  of  September  last,  to  the  effect  that  "it  i«  clearly  right,  according  to 
praciico  and  precedent,  that  such  diplomatic  action  should  be  suspended  pending  the 
completion  of  tho  judicial  inquiry." 

In  regard  to  this  point,  it  is  to  be  remembered  that  thero  are  three  questions  calling 
for  investigation  in  the  case  of  the  David  J.  Adams: 

(1)  What  were  tno  acts  committed  which  led  to  the  seizure  of  tho  vessel  t 

(2)  Was  her  seizure  for  such  acts  warranted  by  any  existing  laws  f 

I'.i)  If  so,  iiro  those  laws  in  dengatiou  of  the  treaty  rights  of  tho  United  States  t 
It  is  evident  that  the  first  two  questions  must  be  the  subject  t>f  inquiry  before  the 
third  can  bo  profitably  discussed,  and  that  thoso  two  questions  can  ouly  be  satisfoo- 


28 


THE   FISHERIES   QUESTION. 


torily  dispnsod  of  by  a  judicial  inquiry.  Far  from  claiuiins  tliaf,  tlio  Unitcid  States 
Government  would  bo  bound  by  tlio  construction  wliich  Briti.sb  tribiinalH  uiijjbt  iiliice 
on  tlie  treaty,  I  stated  in  my  note  of  the  1st  Sopienibertbat  if  that  decision  Hhonld  bo 
adverse  to  the  views  of  your  Government  it  would  iioc  juecludo  furtlier  discunHJou 
b(  tween  the  two  Goverumc;!t8  and  the  adjustment  of  the  (juestiou  by  diplomatic  ac- 
tion. 

I  may  further  remark  that  the  very  proposition  advanced  in  my  note  of  the  Ist  of 
September  last,  and  to  which  exception  is  taken  in  your  reply,  lias  ou  a  [trevioui^  oc- 
casion been  distinctly  asserted  by  the  Government  of  the  United  States  under  pre- 
cisely similar  circumstan  scs,  that  is  to  say,  in  1870,  in  relation  to  the  seizure  of  Amer- 
ican fishing  vessels  in  Cau.idiau  waters  for  alleged  violation  of  the  convention  of 
1818. 

In  a  dispatch  of  the  29th  of  October,  1870,  to  Mr.  W.  A.  Dart,  United  States  consul- 
general  at  Montreal  (which  is  printed  at  page  431  of  the  volume  for  that  year  of  the 
Foreign  Relations  of  the  United  States,  and  which  formed  part  of  the  correspondence 
referred  to  by  Mr.  Bayard  in  his  note  to  Sir  L.  We  '  of  theiiOlh  of  Maj  last),  Mr.  Fish 
expressed  himself  as  follows: 

"  It  is  the  duty  of  the  ow  ners  of  the  ressels  to  defend  their  interests  before  the  courts 
at  their  own  expense,  and  without  special  assistance  from  the  Government  at  this 
stage  of  affairs.  It  is  for  those  tribunals  to  construe  the  statutes  under  which  they 
act.  If  the  construction  they  adopt  shall  appear  to  be  iu  contravention  of  our  treat- 
ies with  Great  Britain,  or  to  be  (w^hicu  can  not  be  anticipated)  plainly  erroneous  in  a 
case  admitting  of  no  reasonable  doubt,  it  will  then  become  Hie  duty  of  the  Govern- 
ment— a  duty  which  it  will  not  be  slow  to  discharge — to  avail  itflf  of  all  necessary 
means  for  obtaining  redress." 

Her  Majesty's  Government,  therefore,  still  adhere  to  their  view  that  any  diplomatic 
discussion  as  to  the  legality  of  the  seizure  of  the  David  J.  Adams  would  be  premature 
until  the  case  has  been  judicially  decided. 

It  is  further  stated  in  your  note  that  "the  absence  of  any  statute  authorizing  pro- 
ceedings or  providing  a  penalty  against  American  fishing  vessels  for  purchasing  bait 
or  supplies  in  a  Canadian  port  to  be  used  in  lawful  fishing  "  affoids  "  the  most  satis- 
factory evidence  that  up  to  the  time  of  the  present  controversy  no  such  construction 
has  been  given  to  the  treaty  by  the  British  or  by  the  colonial  parliament  as  is  now 
sought  to  be  maintained." 

Her  Majesty's  Government  are  quite  nnable  to  accede  to  this  view,  and  I  must  ex- 
press my  regret  that  no  reply  has  yet  been  received  from  your  Government  to  the 
arguments  on  this  and  all  the  other  points  in  controversy,  which  are  contained  in 
the  able  and  elaborate  report  (as  you  courteously  describe  it)  of  the  Canadian  min- 
ister of  marine  and  fisheries,  of  which  my  predecessor  communicated  to  you  a  copy. 

In  that  report  reference  is  made  to  the  argument  of  Mr.  Bayard,  drawn  from  the 
fact  that  the  proposal  of  the  British  negotiators  of  the  convention  of  1818,  to  the  eflect 
that  American  fishing  vessels  should  carry  no  merchandise,  was  rejected  by  the  Amer- 
ican negotiators;  and  it  is  shown  that  the  above  proposal  had  no  application  to 
American  vessels  resorting  to  the  Canadian  coasts,  but  only  to  those  exercising  the 
right  of  inshore  fishing  and  of  landftjg  for  the  drying  and  curiug  of  fish  on  parts  of 
the  coasts  of  Newfoundland  and  Labrador. 

The  report,  on  the  other  baud,  shows  that  the  United  States  negotiators  proposed 
that  the  right  of  "  procuring  bait"  should  bo  added  to  the  enumeration  of  the  four 
objects  for  which  the  United  States  fishing  vessels  might  be  allowed  toenter  Canadian 
waters;  and  that  such  proposal  ^.'as  rejected'by  the  British  negotiators,  thus  showing 
that  there  could  be  no  doubt  in  the  minds  of  either  party  at  the  time  that  the  "  pro- 
curing of  b.ait"  was  prohibited  by  the  terms  of  the  article.  The  report,  moreover, 
recalls  the  important  fact  that  the  United  States  Government  admitted,  in  the  case 
submitted  by  them  befpre  the  Halifax  Commission  in  1877,  that  neither  the  conven- 
tion of  1818  nor  the  treaty  of  Wa8hin,';ton  conferred  any  rijjht  or  i)rivilege  of  trading 
on  American  fishermen;  that  the  "various  incidental  and  reciprocal  advantages  of 
the  treaty,  such  as  the  privileges  of  traffic,  purchasing  bait  and  other  supplies,  are  not 
the  subject  of  compensation,  because  the  tri^aty  of  Washington  confers  no  such  rights 
on  the  inhabitants  of  tho  United  States,  who  now  enJ9y  them  merely  by  sutlerauc" 
and  who  can  at  any  time  be  deprived  of  them." 

This  view  was  confirmed  by  the  ruling  of  the  commissioners.  Whilst  I  have  felt  my- 
self bound  to  place  tho  preceding  observations  before  you  in  reply  to  tho  arguments  con- 
tained in  your  note,  I  beg  leave  to  say  that  Her  Majesty's  Government  would  williiigly 
have  left  such  points  of  technical  detail  and  construe^.!  ju  for  the  consideration  <if  a 
commission  properly  constituted  to  examine  them,  as  well  as  ^o  suggest  a  means  for 
either  modifying  their  application  or  substitutiug  for  them  some  new  arrangement  »f 
a  mutually  satisfactory  nature. 

I  gather,  however,  from  your  note  that,  in  the  opinion  of  your  Government,  although 
a  revision  of  treaty  stipulations  on  the  basisof  m  itual  concessions  w.as  desired  by  the 
Uiutod  States  betbro  the  prcscut  disputes  arose,  yet  the  preaeat  time  is  iuopportiuie 


THE    FISHERIES    QUESTI()N. 


26 


Unihid  Stntrs 
1h  might  ]iiiM'(i 
sion  shonld  lie 
lic.r  diKcuisMion 
Lliploiimtic  uc- 

0  of  the  Ist  of 
ii  provioup  oc- 
tes  under  pro- 
izuro  of  AriRT- 
cou%'cution  of 

States  consul- 
lat  year  of  the 
orrespondciico 
ast),  Mr.  Fish 

(fore  the  courts 
ament  at  this 
ler  which  they 
u  of  our  treat- 
erroneous  in  a 
of  tho  Govern- 
f  all  necessary 

my  diplomatic 

1  he  premature 

ithorizing  pro- 
lurchasiug  halt 
tho  most  satis- 
sh  construction 
incut  as  is  now 

and  I  must  ex- 
rnnvent  to  tlie 

contained  in 

anadian  luin- 

to  you  a  copy. 

rawn  from  tlie 

rt,  to  the  eftect 

by  the  Amer- 
application  to 

xercising  tho 
sh  on  purts  of 

fttors  proposed 
of  tho  four 
nter  Canadian 
tliua  showinj; 
hat  tho  "  pro- 
ort,  moreover, 
d,  in  the  case 

tho  COIUMMl- 

Bf::e  of  tradiiiji 
advantages  of 
pplios,  are  not 
lo  such  rights 
by  sullerauc' 

have  felt  my- 
guraontscou- 
uld  williiigly 
idoration  (it  a 
it  a  nteans  for 
raugoniont  of 

Rnt,  although 

"Jesircd  by  the 

iaopportone 


i 


for  various  reasons,  Among  which  yon  mention  the  irritation  created  in  tho  United 
Status  liy  t!io  belief  that  t.  o  action  of  tho  Canadian  Government  has  had  for  its  ob- 
ject f"  Coreo  II  now  treaty  on  your  Govornmeut. 

Her  Majesty's  Government  learn  wiih  much  regret  that  such  an  impression  should  ' 
iirevail  for  every  effort  lian  l>>ieii  made  by  the  Canadian  Goverumout  to  promote  a 
liiciidlv  negotiation  and  to  obviate  tho  ditienmcos  which  have  now  arisen.  Indeed, 
it,  18  hardly  necessary  to  remind  you  that,  for  six  mouths  following  tho  denunciatiovi 
liy  your  Government  of  the  lishery  articles  of  tho  t-eaty  of  Washington,  the  worth 
American  fisheries  wore  thrown  open  to  citizens  of  the  United  States  without  any 
Kiiiivalent,  in  the  expectation  that  the  American  Government  would  show  their  wilU 
iii'riiesH  to  treat,  tho  question  in  a  similar  spirit  of  amiiy  and  good  will. 

TlurMajesy'rt  Government  can  not  but  express  a  hope  that  tho  whole  corrospond- 
ciico  may  be  laid  immediately  before  Congress,  as  they  believe  that  its  perusal  would 
inOiienee  public  opinion  in  the  United  S'  tes  in  favor  of  negotiatiuf;,  before  tho  com- 
iii(iict!mentof  tho  next  fishing  season,  an  arrangement  based  on  mutual  concessions, 
and  which  would  therefore  (to  use  tho  language  of  your  note)  "counist  with  tho  dig- 
iiitV,  the  int'rests,  and  tho  friendly  relations  of  the  two  countries." 

lier  Majesty's  Government  can  iiot<!onceive  that  negotiations  commenced  with  such 
an  object  and  in  such  a  spirit  could  fail  to  bo  successful;  and  they  trust,  therefore, 
that  your  Govorniuent  will  endoavor  to  obtain  from  Congress,  which  is  about  to  as- 
semble, the  neciessary  powers  to  enable  them  to  m^ike  to  Her  Majesty's  Government 
sumc  deiiuite  (iioposals  for  the  negotiation  of  a  mutuiily  advantageous  arrangement. 
I  have,  etc.,  , 

:    'v;;.  Iddesleigii. 


(Tnclusure  4  ia  No.  3S3.] 

Mr.  Phelps  to  Lord  Iddesleigh. 

Legation  of  thb  United  States, 

London,  December  3,  1886. 

My  Lord:  I  have  the  honor  to  acknowledge  tho  receipt  of  yortrnote  of  tho  30th 
Niivember,  on  tho  subject  of  the  Canadian  fisheries,  and  to  say  that  I  shall  atau  early 
(lay  submit  to  yonr  lordship  some  considerations  in  reply. 

Meimwhilo,  i  have  the  honor  to  transmit,  in  pursuauca  of  the  desire  expressed  by 
your  lordshii?  in  conversation  on  November  'M,  a  copy  of  an  outline  for  a  proposed 
adinteriiii.  iirrangement  botw^vjii  the  two  governments  on  this  subject  which  has  been 
liKiiio.-seil  by  the  Secretary  of  State  of  tho  United  States.* 

And  I  likewi.se  transmit,  iu  connoctiou  with  it,  a  copy  of  the  instruction  from  the 
8e(^retary of  State  which  accompanied  it,t  and  which  I  am  authorized  to  submit  to 
your  lordship. 

I  have,  etc., 

£.  J.  Phklfs. 


No.  300. 


Mr.  Bayard  to  Mr.  Phelps. 


No.  406.] 


Department  of  State, 

Washington,  December  7,  1886. 
Sir:  I  inclose  herewith,  for  your  information,  a  copy  of  my  noto|  of 
the  Lst  instant  to  Sir  Lionel  West,  Her  Britannic  Majesty's  minister  at 
tliis  capital,  concernin^r  the  treatment  by  the  Canadian  authorities  of 
the  American  lishiug  schooner  Molly  Adams,  of  Gloucester,  Mass. 


I  am,  etc. 


T.  F.  Bayard. 


•  Printed  atiti:,  p.  4-i7.) 
t  Printi-d  ante.,  \).  424.) 
;  Printed  page  428,  Fui-eign  BelatloDH,  1886, 


30 


THE    FISHERIES    QUESTION. 

No.  301. 
Mr.  Bayard  to  Mr.  Phelps. 


No.  470.  J 


Department  op  State, 

Washington,  December  8, 1886. 

Sir:  With  reference  to  instruction  No.  4G0,  of  tlio  7th  iiiat.iiit,  con- 
cerning the  case  of  the  American  fishing  schooner  Molly  Adams,  I 
now  transmit  to  you  herewith,  for  your  farther  iiiformution,  a  copy  of 
the  letter*  of  Mr.  Solomon  Jacobs,  of  tlio  12th  ultimo,  in  which  the 
matter  was  brought  to  the  attention  of  the  Dex)artmeut. 


I  am,  etc.. 


T.  F.  Bayard. 


No.  302. 


Mr.  Bayard  to  Mr.  Phelps. 

No.  472.]  Department  op  State, 

Washitigton,  December  8, 1886. 

Sir:  My  attention  has  just  been  drawn  to  a  notice  published  by  the 
British  Government  in  London  in  relation  to  the  exercise  of  fishing 
rights  in  common  with  France. 

It  occurs  to  me  that  it  may  be  pertinent  to  the  consideration  of  the 
questions  discussed  in  the  modus  vivendi,  in  relation  to  the  British  North 
American  fisheries,  lately  forwarded  to  you  by  this  Department. 

The  publication  no  doubt  can  readily  be  procured  in  London.  It  is 
issued  in  pamphlet  form. 


I  am,  etc., 


T.  F.  Bayard. 


rinclosuTe  in  Ko.  472.) 
Further  notice  to  British  fiahermen  rvith  respect  to  the  exclusive  fishery  limits  of  France. 

Tho  French  Government  have  intimated  to  Her  Majesty's  Government  that  the  re- 
cent detention  of  English  oyster  tniacks  which  entered  Havre  to  puss  Snuday  theio 
in  line  weather,  was  effected  by  the  maritime  antbority  at  that  port  for  an  infraction 
of  Articles  LXXXVandLXXXVI  of  the  International  Fishery  Regulations  of  May  24, 
lti4U,  and  that  the  minister  of  marine  in  Paris,  on  learning  the  circuiustances,  directi^i 
that  the  smacks  should  be  immediately  released,  in  consequence  of  the  toieratiun 
^bich  has  for  along  time  existed  iu  the  United  Kingdom  and  France  as  regards  not 
enforcing  the  strict  observance  of  these  articles. 

The  French  Government  have  given  special  instructions  for  preventing  a  recurrence 
of  like  circumstances,  without  a  prelimmary  reference  on  the  part  of  the  authority  at 
tho  port  to  the  ministry  of  marine. 

Tbe  French  Government  have  further  intimitated  that,  in  the  event  of  their  finding 
that  the  maintenance  of  the  existing  toleration  gives  rise  to  inconvenience,  notiio 
will  be  given  to  Her  Majesty's  Government,  so  as  to  allow  of  tho  latter  issuing  timely 
warning  to  British  fishermen.  (The  Board  of  Trade  Journal,  vol.  1,  No.  4,  p.  14G, 
1886,  London.) 

JTriuted  J»age8429,  430,  Foreign Beiatioua,  ItJdO, 


THE   FISHERIES   QUESliON.  31 

No.  303. 

Mr.  Bayard  to  Mr.  Phelp», 

No.  474.]  Department  of  State, 

Washington,  December  13, 1886. 

Sir:  Ou  tlic  8th  instant  I  received  from  the  Britisu  minister  at  this 
(ipital  a  coininunication  dated  the  7th  of  this  month,  aceompanied  by 
ii  copy  of  the  uunutes  of  the  honorable  i)rivy  council  of  Canada,  in  re- 
liitioiito  the  action  of  Captain  Quigley,  of  the  Canadian  cutter  Terror, 
ill  lowerinff  the  flag  of  the  United  States  fishing  schooner  Marion 
(Hrlmcs  whilst  under  detention  by  the  customs  authorities  in  Shelburue 
Harbor,  ou  the  llth  of  October  last. 

As  this  occurrence  had  been  made  the  subject  of  an  instruction  to 
you  by  me,  ou  the  0th  ultimo,  whereby  you  were  requested  to  bring  the 
incident  to  the  attention  of  Her  Majesty's  Government,  I  hasten  to  in- 
form you  of  the  voluntary  action  of  the  Canadian  Government  and  of 
their  expression  of  regret  for  the  action  of  the  oflflcer  referred  to. 

Tlie  copy  of  the  coi-respondence  and  proceedings  of  the  Canadian 
iuithorities  discloses  the  dates  of  their  action  in  the  premises,  of  which, 
however,  my  earliest  information  was  on  the  8th  instant,  in  the  note*  of 
Sir  Lionel  West,  a  copy  of  which  is  herewith  sent  to  you. 
I  am,  etc., 

T.  F.  Bayaed. 


No.  304. 

Mr.  Plielpa  to  Mr.  Bayard. 

[No.  416.]  Legation  of  the  United  States, 

London,  January  13, 1887.    (Received  January  24.) 

Sir:  Referring  to  your  instructions  numbered  458  of  November  12, 
md  also  to  my  dispatch  numbered  393  of  December  3, 1  have  the  honor 
Ito  inclose  herewith  the  copy  of  a  note  which  I  have  just  received  from 
[the  Earl  of  Iddesleigh  in  reply  to  mine  of  December  2  to  his  lordship, 
liisking  that  the  owners  of  the  David  J.  Adams  be  furnished  with  copies 
|of  the  original  reports  stating  the  charges  on  which  that  vessel  was 
seized  by  the  Canadian  authorities.  A  copy  of  the  latter  note  formed 
liiclosure  to  my  dispatch  No.  393  aforesaid. 

You  will  observe  that  Her  Majesty's  Government  have  notseeu  fit  to 
Interfere  in  the  matter. 
1  have,  etc., 

E.  J.  Phelps. 


llnclosure  in  No.  416.] 

Lord  Iddeslehjh  to  Mr.  Phelpi. 

'  Foreign  Office,  January  11,  1887. 

Sir  :  Her  Majesty's  Government  have  considered  the  reqnesi;  conttiincd  in  your  note 

III  tliu  2d  ultimo,  to  tlie  effect  that  the  owners  of  the  David  J.  Adams  may  be  fur- 

jiiahod  with  copies  of  tlie  original  reports  stating  tlie  charges  on  which  that  vessel 

I'  IS  seized  by  the  Canadian  authorities;  and  I  nave  now  the  honor  to  state  to  you 

*  Printed  page  491,  Foreign  Belations,  1886. 


82 


THE   FISHERIES   QtTESTION. 


that  if  the  ownorsiof  this  vessel  nre  legiilly  entitled  to  be  flirnlHliod  with  those  reporti 
they  can  obtain  tlioin  by  tlie  process  of  tlio  courts;  and  there  Hcorim  no  ground  lor  j 
the  interference  of  Her  Mtijesty's  Govcrnnicut  with  this  onlinnry  coin-He  of  jnstice. 

As  regards  the  means  of  obtiiiiiiu;j  information  for  the  ]>nri)08('s  of  the  dtfcnse,  I 
would  jioint  out  that  in  the  report  of  tlio  Canadian  niinistir  of  murine  an<l  tishery, 
of  which  a  copy  ^  :is  coinniunicattnl  to  you  on  theiJIid  July  last,  it  is  stated  that  from 
a  date  inimediat  after  the  seizure  "  there  was  not  tlie  sliglitost  ditlicnlty  in  tlio 
United  States  couf,iil-general,  and  those  interested  in  tlie  vessel,  obtaining  tlie  fullest 
information,"  and  that  "aiiart  from  the  geuenil  knowledgo  of  tlio  oHensis  whicli  it , 
was  claimed  the  master  liad  coiiiiuitted,  and  which  was  ftirnished  at  the  time  of  tlio 
seizure,  the  most  technical  and  precise  dotaiis  went  readily  ol)taiuable  at  the  registry 
of  the  court,  and  from  the  solicitors  of  the  Crown." 

With  respect  to  the  statement  in  your  note  that  a  claiiNO  in  the  Canadiali  act  of  I 
May  22,  lotiH,  to  the  effect  that,  "In  case  a  dis))ute  arises  as  to  whethiir  any  seizure 
lias  or  1ms  not  bean  legally  made,  or  as  to  whether  the  porsfui  seizing  was  or  was  not  j 
uutliorized  to  seize  under  this  act,  tlie  bunlen  of  proving  the  illegality  of  the  seizure  I 
shall  be  on  theowner  or  claimaut,'' isin  violation  of  the  jtrinciples  of  national  Justice,  I 
as  well  us  of  those  of  the  coiniiiou  law,  I  have  to  observe  that  the  statute  referred  tu  | 
is  cap.  61  of  18()r^,  which  provides  for  the  issue  of  licenses  to  fortign  fishing  vesselN, 
and  for  the  forfeiture  of  such  vessels  fishing  without  a  license  ;  and  t  hat  the  provih- 
ions  of  Article  10,  to  which  you  take  exception,  are  commonly  found  in  laws  against  I 
smuggling,  and  are  based  on  the  rule  of  law  that  a  man  who  pleads  tliat  ho  holds  ii 
license  or  other  similar  document  shall  be  put  to  the  proof  of  his  pleu  and  required  to 
produce  the  document. 

1  beg  leave  to  add  that  the  provisions  of  that  statute,  so  far  as  they  relate  to  tie  | 
issue  of  licenses,  boa  been  ia  operation  since  the  year  1870. 
I  have,  etc., 

Iddesleiqu. 


/ 


No.  520.] 


No.  305. 
Mr.  Bayard  to  Mr.  Phelps. 

lExtract.] 


Department  of  State, 

Washington,  January  27, 1887. 

Sir:  Your  dispatch  No.  416,  of  the  12th  instant,  transmitting  a  copy  I 
of  the  note,  dated  the  11th,  received  by  you  from  the  late  Lord  Iddes  f 
leigh,  in  response  to  your  note  of  December  2,  1886,  requesting  copies] 
of  the  papers  in  the  case  of  the  David  J.  Adams,  has  been  received. 

The  concluding  part  of  Lord  Iddesloigh's  note  seems  to  demand  ati 
tention,  inasmuch  as  the  argument  employed  to  justify  the  provisiojisofj 
Article  10  of  the  Canadian  Statutes,  cap.  61  of  1808,  which  throw  onl 
the  claimant  the  burden  of  proving  the  illegality  of  a  seizure,  appearsl 
to  rest  upon  the  continued  operation  of  Article  1  of  that  statute,  rela-r 
tive  to  the  issue  of  licenses  to  foreign  fishing  vessels.  The  note  in  qnesi 
tion  stJites  "  that  the  provisions  of  that  statute,  so  far  as  they  relate! 
to  the  issue  of  licenses,  has  [have?]  been  in  operation  since  the  year! 
1870." 

It  appears  from  the  correspondence  exchanged  in  1870  between  thisl 
Departntent  and  Her  Majesty's  minister  in  Washington  (see  the  voir 
ume  of  Foreign  Relations,  1870,  pp.  407-411)  that  on  the  8th  of  Jamil 
ary,  1870,  an  order  in  council  of  the  Canadian  Goverumenfr  decreed! 
"  that  the  system  of  granting  fishing  license  to  foreign  vessels  underl 
the  act  31  Vic,  cap.  01,  be  discontinued,  and  that  henceforth  all  foreign| 
fishermen  be  prevented  from  fishing  in  the  waters  of  Canada." 

During  the  continuance  of  the  fishery  articles  of  the  treaty  of  Washl 
ingtou  Canadian  fishing  licenses  were  not  required  for  fishermen  of  tlif  j 
(Tuited  States,  and  since  the  termination  of  those  articles,  July  1^  ISSfiT 


THE   FISHERIES  QUESTION. 


this  Department  has  not  been  advised  of  the  resumption  of  tho  licons- 
iiijr  system  under  tho  statute  aforesaid. 

The  faulty  construction  of  the  hist  paragraph  of  Lord  Iddesleigh's 
note,  SIS  transmitted  with  your  No.  410,  suggests  the  possibility  of  a 
clerical  error  in  the  preparation  or  transcsription  of  that  note,  and  that 
it  may  have  been  intended  to  state  that  tho  licensing  provisions  of  tho 
statute,  cap.  61, 1808,  "  have  not  been  in  operation  since  1870,"  but  in 
that  case  it  is  not  easy  to  apply  tho  argument  advanced. 


1  am,  etc.) 


T.  F.  Bayard. 


IDDESLEIGU. 


No.  306. 


Mr.  Pheljya  to  Mr.  Bayard, 

[Extract.] 

No.  423.]  Legation  of  the  United  States, 

London,  January  27, 1887.    ( Ueceived  February  7.) 

Sir:  I  have  the  honor  to  transmit  herewith  a  copy  of  a  note  ad- 
dressed to  me  by  Lord  Iddesleigh,  secretary  of  state  for  foreign  affairs, 
dated  December  10,  1886. 

Also  a  copy  of  a  note  addressed  to  me  by  Sir  Julian  Pauncefote, 
acting  secretary  of  foreign  affairs  during  a  vacancy  in  that  office,  dated 
Jiimiary  14,  1887. 

Also  a  copy  of  a  note  addressed  by  me  to  Lord  Salisbury,  secretary 
of  state  for  foreign  affairs,  dated  January  26,  1887. 

All  on  the  subject  of  the  Canadian  fisheries. 

I  am  to  have  an  interview  with  Lord  Salisbury  by  appointment  to- 
morrow in  reference  to  the  same  subject. 

I  have,  etc.,  E.  J.  Phelps. 


[Inclosuro  1  in  No.  423.] 
Lwd  Iddesleigh  1o  Mr.  Phelpa.  ■ 

Foreign  Office,  Deceniber  16,  1886. 

Sin:  I  have  the  honor  to  aclcnowledge  the  receipt  of  your  note  of  the  27th  ultimo 
relative  to  the  case  of  the  Marion  Grimes,  stated  to  have  beeu  fined  and  detained  at 
Sliulburne,  Nova  Scotia,  in  October  last. 

As  other  cases  besides  that  of  the  Marion  Grimes  are  alhided  to  in  tho  documents 
forwarded  in  your  note,  it  will  be  desirable  to  take  each  cas*  separately,  and  inform 
you  shortly  of  tho  steps  which  Her  Majesty's  Government  have  taken  in  regard  to 
them. 

In  respect  to  the  case  of  the  Marion  Grimes,  I  have  already  received,  through  Her 

Majesty's  secretary  of  state  for  the  colonies,  a  copy  of  a  dispatch  from  the  Dominion 

Government,  in  which  they  express  their  regret  at  the  action  taken  by  Captain 

Quigley  in  hauling  down  the  United  States  flag.    I  have  transmitted  a  copy  of  this 

I  dispatch  to  Her  Majesty's  minister  at  Washington,  with  instructions  to  communicate 

;  it  to  Mr.  Bayard,  and  I  beg  leave  to  now  inclose  a  copy  of  it  for  your  information. 

Her  Majesty's  Government  cannot  doubt  that,  as  respects  the  incident  of  the  flag, 
j  the  apology  thus  spontaneonsly  tendered  by  the  Canadian  Government  will  be  ac- 
cepted by  the  United  States  Government  in  the  friendly  and  conciliatory  disposition 
in  which  it  is  oft'ered,  whilst  as  regards  the  other  statements  concerning  Captain 
Qiiigley's  conduct.  Her  Majesty's  Government  do  not  at  present  feel  rhemselves  in  a 
[  position  to  express  any  opinion. 

The  Dominion  Government  have  been  requested  to  furnish  a  full  report  on  the  vari- 
I  ous  circumstances  alleged,  and  when  this  is  received  I  shall  hare  the  noaor  to  addresit 
a  further  communication  to  you  upon  the  subject. 
S.  Ex.  113 3 


84 


THE 


FKSllKKIKS    (iUKSTION. 


As  concorna  tho  caso  of  tho  Julia  Ellen  and  Shiloh,  it  will  probably  siidlco  to 
ooiiiiimiiiciito  toyou  thoincloHiMl  copinH  of  reports  tVoiii  tlioCaiiadiiin  (JoviM'tiiiii'iit  rclu. 
tive  to  thcHo  two  vdssi^Im.  TlieHO  rt'portH  bavn  already  brou  sent  to  Hit  Majesty's 
minister  at  Wasliinnton  for  coinnumicatioii  to  Mr.  Bayiird. 

Tlie  protest  uiado  by  tiie  United  States  Government  in  tlio  caso  of  tho  Everett 
Sirele  was  not  received  in  this  country  until  tho  1st  ultimo  ;  and  although  tho 
L'liniidian  GoveriiUHsnt  have  been  requested  by  telegraph  to  furnish  a  report  upon  tlm 
<!ircnnistan(!esallef;(!d,  Huliflcicnt  time  has  not  yet  elajised  to  enable  Her  Majesty's  Gov. 
ernment  to  bo  in  possessiou  of  the  facts  as  rej)ort<'d  by  the  Dominion  Governnien,';. 

Her  Majesty's  Government  j;r*>atly  regret  that  incidents  of  tho  description  allud(Ml 
to  should  occur,  and  tliey  can  otdy  renew  tho  assnrancM)  conveyed  to  jou  in  my  note 
of  tlie  ;M)th  ultimo,  that  whilst  lirmly  resolved  to  n|)hold  the  undoubted  treaty  rif^lits 
of  Her  Majesty's  >forth  American  subjects  in  regard  to  tho  ilsheries,  they  will  alwi 
er|n:iily  maintain  the  undoubted  rights  of  United  States  flshermou  to  obtain  shtdter  in 
(Jaiiadi.in  pcnts,  under  such  restrictions  as  may  bo  necessary  to  prevent  their  abusiiig 
the  privileges  reserved  to  them  by  treaty. 

I  noti(;otliat  in  Mr.  Bayard's  note  to  j'ou  of  tho  fith  ultimo,  concerning  the  cas(\  (if ! 
the  Marion  (IrimrH,  and  also  in  his  note  to  Sir  L.  West  of  the  IDth  October  last,  rtln- 
tive  to  tho  Cilso  of  tho  Everett  Steele,  an  old  discussion  is  revived  which  Her  Miijesty's 
Government  had  hoped  was  (inally  disposed  of  by  the  correspondence  which  took  pliiiu 
Oh  tho  subject  in  181.'')  and  181(!. 

I  alludo  to  the  argument  that  a  right  to  tho  common  enjoyment  of  tlie  fisheries  hy 
Great  IJritain  and  the  United  States,  after  tho  separation  of  thelatt<!r  from  the  motlii'r 
country,  was  recognized  by  the  treaty  of  178'.?,  although  the  exercise  of  that  right  wus 
made  subject  to  certain  restrictions.  I  refer  to  this  point  merely  to  observe  that  tip' 
views  ot  Her  Majesty's  Government  in  relation  to  it  have  not  been  nioditit'd  in  aii,v 
way  since  the  date  of  Lord  Bathurst's  note  of  the  IWtU  of  October,  1815,  to  Mr.  Joli'ii  | 
Quincy  Adams. 

I  have,  oto.    , 

Iddeslkigh. 


.        _      ^  fTnclo8urp2inKo.  423.J 

Sir  J.  I'aunce/ote  to  Mr.  Plielpa. 

.      .  FoREiGx  Office,  JiiMHary  14,  1887. 

Sir  :  With  reference  to  my  predecessor's  note  of  the  IJOth  of  November  last,  I  have 
the  honor  to  transmit  toyou  a  copy  of  a  report  from  tho  Canadian  minister  of  justin- 1 
upon  the  seizure  of  thr.  American  fishing  vessel  DavidJ,  Adams, 

I  have  forwarded  a  copy  of  this  report  to  Her  Majesty's  miuister  at  Washington  for 
communication  to  tho  United  States  Government. 
I  have  the  honor,  etc., 

,  J.  Pauncf.fote, 

(For  the  Secretary  of  State.) 


[Incloanre  3  in  No.  423.1 

V     V  '  Jiff.  Phelps  to  the  Ma7-quia  of  f^alishury. 

«':'•■:  Legation  of  the  United  States, 

London,  January  "G,  1887. 

My  Lord:  Various  circumstances  have  rendered  inconvenient  an  earlier  reply  I 
to  Lord  Iddesleigh's  note  of  November  12,  on  tho  subject  of  the  North  American 
fisheries,  and  the  termination  of  the  lishing  season  has  po8ti)oned  the  more  immediate 
necessity  of  the  discussion  ;  but  it  seems  now  very  important  that  before  the  com- 
mencement of  another  season  a  distinct  understanding  should  be  readied  between 
the  United  States  Government  and  that  of  Her  Majesty  relative  to  the  course  to  be  | 
pursued  by  the  Canadian  authorities  towards  American  vessels. 

It  is  not  without  surprise  that  I  have  read  Lord  Iddesleigh's  remark,  in  the  note  I 
above  mentioned,   referring  to  the  treaty  of  1818,  that  Her  Majesty's  Government 
"have  not  as  yet  been  informed  in  what  respect  the  construction  placed  upon  that[ 
instrument  by  the  Government  of  the  United  States  differs  from  their  own." 

Had  his  lordship  perused  more  attentively  my  note  to  his  predecessor  in  ofTice, 
Lord  Rosebery,  under  date  of  June  2,  1886,  to  wliich  reference  was  made  in  my  note  I 
to  Loid  Iddes'leigh  of  September  11,  188(i,  I  think  he  could  not  have  failed  to  appre-| 
hend  distiuctly  the  construction  of  that  treaty  for  which  tho  United  States  Govern- 
ment contends  and  the  reasons  and  arguments  upon  which  it  fs  founded. 


Tin:    FIHIIKUIKS    QUKSTION. 


86 


[ihly  Hiifllco  to 

ivtM'miicnt  ri'lii- 

Ht-r  Majesty's 

of  tlio  Everett 
[  altlioiiKh  t)i(^ 
TOjiort  iipo".  till' 
■  Miijosty's  Gov- 
CJovommen '. 
sription  alludcil 
J  (111  in  my  mtW 
o<l  treaty  ii>;lits 
,  tlicy  will  uIhii 
)l)tiiin  Blieltcriii 
it  their  abuHiiij! 

ninK  the  caHo  of  | 
•toiler  last,  rela- 
li  Ilcr  Majesty's 
yrhich  took  iiliicii 

"the  (islierieH  liy 
from  the  molliiT 
it' tliat  rijjht  wiM  i 
iiliservo  that  lip' 
iiKulified  in  any 
815,  to  Mr.  Joliii 


Iddesleigii. 


nitary  14,  1887. 
iilier  last,  I  have  | 
inister  of  justicn 

Washinijtoa  for 


JNCEI'OTE, 

tary  of  state.) 


States, 
uary  'JG,  1887. 
n  earlier  reply  I 
Jjorth  Ameriean 
more  immediate  | 
before  the  com- 
eached  between] 
be  course  to  Le 

ark,  in  the  note 
y's  Government 
aced  upon  that  | 
r  own." 

cesser  in  office, 
nade  in  my  note] 
failed  to  appre- 
States  Govern- 
ed. 


I  have  nnn\n  resiiectfiiUy  to  refer  yonr  lordship  to  my  note  to  Lord  Iloschpry  of 
June  ~,  l^'U,  for  a  very  full  and,  1  hope,  clear  exposition  of  the  jrrouiHl  taken  by  the 
United  States  (jovurument  uu  thut  point.  It  is  uunecitssary  to  repeat  it,  tind  I  c:a 
uiialile  to  add  to  it. 

In  reply  to  the  observations  in  my  note  to  f^ord  Iddesl<(i>;h  <if  S(!pt(\mlier  11,  1880, 
on  liie  p()int  whether  such  discussion  should  be  suspended  in  these  eases  until  tho 
result  <if  the  judicial  proci!(^din>;s  in  res|ieet  to  theiu  sluitild  lie  made  kiuiwn.a  jiropo* 
sition  to  whiih,  as  1  stated  in  that  note,  tho  United  States  (Jovernment  is  unablit  to 

, ,.,in,  his  lordshi])  cite ;  in  support  of  it  some  lanj^najje  of  Mr.  Fish,  when  Secretary 

(if  State  of  the  iniit(^d  States,  address(Ml  to  the  United  Stjites  consul  piMU'al  ait 
Montreal  in  May,  IM7I).  From  the  view  tlnui  expressed  by  Mr.  Fish  the  Unit(!d  States 
(iitvernnient  has  n(Mlher  (liK)iosil  ion  nor  occasion  to  dissent,  lint  it  can  not  regard  it 
as  in  any  way  applieabh^  to  the  present  case. 

It  is  liMut  li(\voi'd  (|nestion  that  when  a  jirivato  vessel  is  seized  for  an  alleged  infrac- 
tion of  the  laws  of  Un<  country  in  which  tht< seizure  takes  jdace,  and  the  fact  of  tho 
infraction,  or  the  exact  lei;al  construction  of  the  local  statute  claimed  to  b((  traits- 
jrressiMl,  is  in  dispute,  and  is  in  i»ro(!ess  of  d(?lerniination  by  tin?  jiroper  tribunal,  tho 
(iov(M-nnient  t()  which  the  vess(!i  bcloufjs  wiH  not  usually  interfeie  in  advance  of  such 
ditteiniination  and  before  ac<|nirin;{  the  intormatioi'  on  which  it  depends.  And 
especially  when  it  is  not  yet  informiid  whether  the  eondnct  of  the  ollicer  making  the 
seizure  will  not  be  repudiated  by  ih()  (Jovernnuint  under  which  he  acts,  so  Ihatintcr- 
fircnce  will  be  unnecessary.  This  is  all,  in  etl'ect,  that  was  said  by  Mr.  Fish  on  that 
occasion.  In  lan;;na};e  immediately  following  that  (jnoted  by  Lord  Id(l(!slci;rh  ho 
remarks  as  follows  (italics  beinij;  mine): 

•''flic  present  emliarrassment  is  tliiit  while  wo  liavo  rrpor/»  of  several  seizures  upon 
{jriMintls  na  Htalcd  hfi  llio  iiilenntcd  purlicH,  which  »cem  to  he  in  contraventi«n  of  interna- 
tional law  and  spe(;ial  treaties  relating  to  the  (isherles,  these  aUeged  causes  of  seizure 
are  regarded  as  pretensions  of  ov(!r  zealous  oflicers  of  tht<  Ih'itish  navy  and  the  colo- 
ni.il  vessels  which  will,  as  we  hope  and  are  bound  in  courtesy  to  expect,  be  repudi- 
ated by  the  courts,  before  which  our  vessels  are  to  be  brought  for  udjndication. 

Hut  in  the  present  case  the  facts  constituting  the  alleged  infraction  by  the  vessel 
sei/.i'd  are  not  in  dispute,  except  some  circumstances  of  alh^ged  aggravation  not 
niattrial  to  the  validity  of  the  seizure.  Tho  original  ground  of  the  seizure  was  tiio 
purchase  by  the  master  of  the  vessel  of  a  small  (|uantity  of  bait  from  an  inhabitant 
of  Nova  Scotia,  to  ho  used  in  lawful  fishing.  This  purchase  is  not  denied  by  tho 
owners  of  the  vessel,  and  the  United  S?  tea  Government  insists,  firnt,  that  such  au 
act  is  not  in  violation  of  the  treaty  of  181M,  and  second,  that  no  tlum  existing  statute 
in  great  Britain  or  Canada  authorized  any  proceedings  against  the  vessel  for  such  an 
act,  even  if  it  could  be  regarded  as  in  violation  of  the  terms  of  the  treaty,  and  uo 
8n(^li  statute  has  been  as  yet  produced. 

In  respect  to  the  charge  subsequently  brought  against  the  Adams,  and  upon  which 
many  other  vessels  have  been  seized,  that  of  a  technical  violation  of  the  customs  act, 
in  omitting  to  report  at  tho  custom-house,  though  having  no  business  at  the  port 
(and  in  some  instances  where  the  vessel  seized  was  not  within  several  miles  of  the 
lauding),  the  United  Stat(!8  Government  claim,  while  not  admitting  that  the  omission 
to  report  was  even  a  technical  transgression  of  the  act,  that  even  if  it  wore,  no  harm 
having  been  done  or  intended,  the  proceedings  agaiustthe  vessels  for  an  inadvertence 
(if  that  sort  were  in  a  high  degree  harsh,  unreasonable,  and  unfriendly,  especially  as 
for  many  years  no  such  etl'ect  has  been  given  to  the  act  in  respect  to  tho  tishing 
vessels,  and  no  previous  notice  of  a  change  in  its  construction  has  been  promulgated. 

It  seems  apparent,  therefore,  that  the  cases  in  ciuestion,  as  they  are  to  be  consid- 
ered between  the  two  Governments,  present  no  ))ointsui)on  which  the  decision  of  the 
courts  of  Nova  Scotia  need  be  awaited  or  would  bo  material. 

Nor  is  it  any  longer  open  to  the  United  States  Government  to  anticipate  that  tho 
•acts  complained  of  will  (as  said  by  Mr.  Fish  in  the  dispatch  above  quoted)  be  repu- 
diated as  the '*  pretensions  of  over-zealous  otTicers  of  the  *  *  •  colonial  vessels," 
because  they  have  been  so  many  times  repeated  as  to  constitnto  a  regular  system  of 
procedure,  have  been  directed  and  approved  by  the  Canadian  Government,  and  have 
been  in  no  wi.se  disajiproved  or  restrained  by  Her  Majesty's  Government,  though  re- 
peatedly and  earnestly  protested  against  on  the  part  of  the  United  States. 

It  is  therefore  to  Her  Majesty's  Government  alone  that  the  United  States  Govern. 
ment  can  look  for  consideration  and  redre.ss.  It  can  not  consent  to  become,  directly 
or  indirectly,  a  party  to  the  proceedings  complained  of,  nor  to  await  their  termina- 
tion before  the  questions  involved  between  the  two  Governments  shall  be  dealt  with. 
Those  questions  appear  to  the  United  States  Govornmeut  to  stand  upon  higher 
(jroKuds,  and  to  be  determined,  in  large  part,  at  leasv,  upon  very  ditferent  considera- 
tions from  those  upon  which  the  courts  of  Nova  Scotia  must  proceed  in  tho  pending 
litigation. 

Lord  Iddesleigh,  in  the  note  above  referred  to,  proceeds  to  express  regret  that  no 
reply  has  yet  been  received  from  the  United  States  Government  to  the  arguments  on 


»©w 


Tin:    KlvSIIKKlEH    QIIKSTION. 


r 


1 


m 


WJ 


all  tlio  poIntH  in  controvony  cnntainod  in  tho  report  of  tliH  Canailian  uiliiiHtor  of 
uiiiriiKt  ami  lUlicriuM,  of  whicli  Lord  KoHobery  lin<l  HiMit  iiiu  »  (:oi)y. 

■  iiastiiiK'.li  tiH  Lord  IddeHloi}{li  and  IiIh  ]inutfetiHHor,  Lord  Uomdn'ry,  liuvo  duuliiii'il 
alto<{(t(licr,  on  tlio  part  of  Hor  MMJt^Htv'H  Govuniiiioiit,  to  diHciiHH  tli<>H<i  (piDHtioiiH  until 
tlio  caHCH  iti  \vlii(di  tlx^y  arino  Hliail  jiuvo  Li^uii  Judicially  dcridi-d,  and  uh  tlio  vtuy 
claliorato  ar^^niiituitM  on  tlio  Hnl»jt'(^t  proviouMly  Huliiuittt'd  by  the  United  Htatos  (ioy. 
ernriiiMit,  roniain,  tlioicforo  without  n^jly,  it  Ih  not  easy  tp  pcrceivo  why  t'ui  tlicr  <liN- 
ouhmIou  of  it  on  tlio  ]iart  of  tliu  United  8tutOH  tibould  no  oxptu^tod.  Ho  hooii  u.h  llcr 
Majimty'M  Governinent  ooiiHinittoonter  upon  tlio  coiiHidoration  of  tliupoiiitH  Involved, 
any  Hnn;;estionH  i^  :iia.v  advance  will  receive  iinniodiiite  and  reNpo(!tful  attention  on 
the  part,  of  the  Jiiited  Htaten.  Till  thou  further  argument  on  that  Hide  would  hcciii 
to  be  neither  conhintent  nor  proper. 

Ktill  leHs  can  the  United  Htutes  Oovornnient  consent  to  be  dnnvn,  at  any  time,  iiifii 
A  diNciiHHion  of  the  Hiibjeet  with  the  colonial  (loverunient  of  Canada.  The  treuty  in 
qiieHtion,  and  all  the  international  ndatiouH  ariHin^  out  of  it,  ttxiut  only  between  tlic 
•Governnient.s  of  the  ^Inited  StatCM  and  of  Great  Ibitain,  and  between  tluwe  Govern- 
ineiitHoiily  <^aii  tluty  be  dealt  with.  If,  in  entctrin;;  upon  that  coiihideration  of  the 
subject  wliieb  the  United  HtatcH  have  iiiHisted  upon,  tiie  argiiiiientH  contained  in  the 
report  of  the  Caiiatliaii  niiniMter  Bhoiild  be  advanced  by  Her  Mojenty'a  Governmenl, 
'I  do  not  conct;ive  that  they  will  be  fornd  dittlcultto  auHwer. 

Two  siij^^jcHtions  contained  in  that  report  are,  however,  specially  noticed  by  Lord 
IddcHlei^li,  as  being  "in  re^ily  "  to  the  argiinuMits  contained  in  my  note.  In  quotin); 
the  substance  of  the  contentions  of  the  Canadian  minister  on  the  particular  poiiiiH 
referreikto,  I  do  not  niuleistand  liis  lordship  to  depart  from  the  conclusion  of  Ihi 
Majesty's  (Joverunient  be  had  jtrovioiuly  announced,  declining  to  enter  upon  the  dis- 
cussion of  the  cases  ill  which  the  (luestions  arise.  Ho  presents  the  observations  (if 
the  report  only  as  those  of  the  Canadian  minister  made  in  the  aigumeut  of  points 
U[)on  which  Her  Majesty's  Government  decline  at  present  to  enter. 

I  do  not,  therefore,  feel  callid  ni)()n  to  make  any  answerto  those  suggestions ;  and 
more  especially  as  iti  seems  obvious  that  the  suliject  can  not  usefully  be  discussed 
uptm  one  or  two  suggestions  apjiertaining  to  it,  and  considered  by  themselves  aloiic. 
Wliihj  those  mentioned  by  Loril  Iddesloigh  have  undoubtedly  their  place  in  the  gen- 
eral argunii'iit,  it  will  be  seen  that  they  leave  quite  untouched  most  of  the  propositions 
and  reasoning  set  forth  in  my  note  to  Lord  Kosebery  above  mentioned.  It  appeurn 
to  me  that  the  (inestion  can  not  be  satisfactorily  treated  anide  from  the  cases  in 
which  they  arise,  and  that  when  discussed  the  whole  subject  must  bo  gone  into  iu 
its  entirety. 

The  United  States  Government  is  not  able  to  concur  in  the  favorable  view  taktMi 
by  Lord  Iddesleigh  of  the  etibrtsof  the  Canadian  Government  "  tojtroniote  a  frieutlly 
negotiation."  That  the  conduct  of  ihat  Government  I  is  been  directed  to  obtaininj; 
arevision  of  the  existing  treaty  is  not  to  be  doubted;  Lutitsetforts  have  been  of  such 
a  character  as  to  precliido  the  prospect  of  a  successful  negotiation  so  long  as  they  con- 
tinue, and  seriously  to  endanger  the  friendly  relations  between  the  United  States  and 
Great  Britain. 

Aside  from  the  question  as  to  the  right  of  American  vessels  to  purchase  bait  iu 
Canadian  ports,  such  a  construction  has  been  given  to  the  treaty  between  the  LTnited 
States  and  Great  Britain  as  amounts  virtually  to  a  declaration  of  almost  coroplrfte 
non-intercourse  with  American  vessels.  The  usual  comity  between  friendly  nations 
has  been  refused  in  their  case,  and  in  one  instance,  at  least,  the  ordinary  offices  of 
humanity.  Tlie  treaty  of  friendship  and  amity  which,  in  return  for  very  important 
concessions  by  the  tJuitod  States  to  Great  Britain,  reserved  to  the  Ame  'ican  vessels  | 
certain  specilied  i  -i  'ileges  has  been  construed  to  exclude  them  from  all  other  inter- 
course c'vr.  lon  to  ■■['  ilized  life  and  to  universal  maritime  nuago  among  nations  not  I 
a*^  w^ar,  as  well    s  loin  the  right  to  touch  and  trade  accorded  to  all  other  vessels. 

And  quite  aside  iiomany  question  arising  upon  construction  of  the  treaty,  the  pro- 
visions of  the  custom-house  acts  and  regulations  have  been  systematically  enforeod  I 
against  American  shijis  for  alleged  petty  and  technical  violations  of  legal  require- 
ments iu  a  manner  so  unreasonable,  unfriendly,  and  unjust  as  to  render  the  i)rivilege3 
accorded  by  the  treaty  practically  nugatory. 

It  is  not  for  a  moment  contended  by  the  United  States  Government  that  American 
vessels  should  be  exempt  from  those  reasonable  port  and  cnstom-house  rogulatious  I 
which  are  iu  force  in  countries  which  such  vessels  have  occasion  to  visit.    If  they  [ 
choose  to  violate  such  requirements,  their  Government  will  not  attempt  to  screen 
them  from  the  Just  legal  coii8e()uences.  I 

But  what  Ihe  United  States  Government  complain  of  in  these  cases  Js  that  existing  I 
regulations  have  been  constrned  with  a  technical  strictness,  and  enforced  with  a  se-l 
verity,  in  cases  of  inadvertent  and  accidental  violation  where  no  harm  was  done,  [ 
■which  is  both  unusual  and  unnecessary,  whereby  the  voyages  of  vessels  have  been 
broken  up  and  heavy  penalties  incurred.    That  the  liberal  and  reasonable  construc- 
tion of  theso  laws  that  had  prevailed  for  many  years,  and  to  which  the  fishermen  Lad 


THE   FISHERIES   QUESTION. 


37 


tu  uiiu'iHtor  of 

liiivo  tlucIiiK'il 
|ii('Htioiiit  until 
(I  UH  Mio  vmy 
(1  Stiitos  Oov- 
liy  fiiithiT  tliH- 
i{)  Hooii  liH  lltr 
niiitH  Involved, 

ll    utttMttiol)  Dll 

lie  would  sei'iii 

any  time,  into 
Tiio  trciLty  in 
ly  botwojju  till! 
I  tlioHO  Govern- 
Icration  of  tlu' 
Dutiviiiud  in  tln' 
'a  Government, 

oticctl  by  lord 
to.  In  quoting' 
irticnlur  iioiiitH 
iiclnsion  o(  lUr 
LT  upon  the  (Uk- 
observationH  nf 
iinicut  of  points 

ijrgcstions ;  anil 
lly  bo  (liseUBsiil 
iciuHelvoH  alone, 
tlacoin  tho  rlu- 
tbo  propositiouN 
10(1.  It  appears 
ini  tho  cases  in 
bo  gouo  into  iu 

bio  view  taken 
mote  a  frieutllj 
toil  to  obtainin;; 
avo  been  of  such  1 
Ong  aH  thoy  con- 
Initetl  States  auJ 

purchase  bait  iu 
(veen  the  United 
Almost  coropl<!tc 
friendly  nations 
Winary  oflices  of 

very  important 
Lme  ican  vessels  ] 

all  other  inter- 
i)ng  nations  not  I 
fthor  vessels. 

treaty,  the  pro- 
itically  enforeed 
j)f  legal  require- 1 
ler  the  privileges 

It  that  American 
>use  r3gulatiou8| 
I  visit.     If  they 
jterapt  to  screeul 

is  that  existiuR 
toroed  with  a  se- 
liarm  was  done, 
fsselsbave  been 
inable  construe- 
le  fisliermeu  had 


beconw  accustomed,  was  changed  without  any  notice  given.     And  that  o very  oppor- 
tunity i>t"  unneceHMary  interlerenee  with  tho  Anierieun  fishing  vesh.ls,  to  tho  preju- 
(lieo  iinl  ilestriiction  of  their  biisiuesH,  has  been  availed  ol.      Wlutiier  in  any  of 
I  tlieHU  cuHen,  V-  technical  violation  of  some  requirement  of  law  had,  upon  <'1ono  and  se- 
Jvere  construction,  taken  place,  it  is  not  easy  to  detormiiic.     l!ut  if  siieli  ruleM  wcro 
Igeiieriilly  eiilbrcecl  in  Hticha  manner  jn  tho  ports  of  the  world,  no  vesHei  could  sail 
I iij  safety  without  carrying  a  8(dicitor  versed  in  the  intricacies  of  nsvenne  and  port 
regulations. 

It  is  uiinooossary  to  specify  tho  varioi:*  oases  referred  to,  as  tho  facts  iu  many  of 
theiu  have  been  already  lai(f  before  Her  Majesty's  Oovornmeut. 

Since  thereoeipt  of  Lord  Iddesleigh'snoto  the  United  States  Govornnient  has  learned 
with  grave  regret  that  Ilor  Majesty's  assent  has  been  given  to  tho  net  of  the  I'iuiiu- 
I  iiieiit  of  Canada,  passed  at  its  late  session,  eutiMed  "An  ai;t  further  to  aiinnd  the  act 
Irt'speeting  llshing  by  foreign  vessels,"  which  has  been  tho  subjoct  of  observation  in 
1  the  previous  correspondence  jH  tho  subject  botwoen  tho  Governments  of  th(!  United 
I  states  mid  of  Great  liritaiu. 

lly  the  itrovisiouK  of  this  act  any  foreign  ship,  vessel,  or  boat  (whether  engaged  in 
lisliing  or  not)  found  within  any  harbor  in  Canada,  or  within  '.i  inarino  miles  of  "  iuiy 
[of  tho  coasts,  bays,  or  creeks  of  Canada,"  may  Do  brought  into  port  by  any  of  tho 
lotllcers  or  persons  mentioned  in  the  act,  hor  cargo  searched,  and  her  iiiustor  examined 
{upon  oath  touching  tho  cargo  and  voyage  nnd()r  a  heavy  penalty  if  tho  quoHtions 
jn.sKed  are  not  truly  answered;  ond  if  such  ship  has  entered  such  waters  "/"or  (ivy 
||)Hi7)0««  not  permitted  by  treaiy  or  convention  or  by  law  of  tho  United  Ivingilom  or 
■of  Canaila,  for  tho  time  being  in  force,  siici.  ship,  vessel,  or  Ixiat  ainl  the  taelde,  rig- 
Igiug,  apparel,  furniture,  stores,  and  cargo  thereof  shall  bo  forfoited." 
I  It  has  been  pointed  out  in  my  note  to  Lord  Iddesleigh,  above  mentioned,  that  tho 
Is-inilo  limit  referred  to  in  this  act  is  claimed  by  the  Canadian  (ioverniuent  to  include 
Icoiisiderable  portions  of  tiio  high  seas,  such  as  tho  Bay  of  Fundy,  the  IJay  of  Clia- 
lleiir,  and  similar  waters,  by  drawing  tho  lino  from  headland  to  headland,  and  that 
lAinerican  tishormon  had  been  excluded  from  those  waters  accordingly. 

It  lias  been  aeon  also  that  the  term  "any  purpose  not  permitted  by  treaty  "  is  held 
Ihy  that  Government  to  comprehend  every  possible  act  of  human  iutorcourse,  except 
lonly  the  four  purposes  named  in  tho  tre.kty — shelter,  repairs,  wood,  and  water. 
I  ifiuler  tho  provisions  of  tho  recent  act,  therefore,  and  tho  Canadian  interpretation 
lof  the  treaty,  any  American  fishing  vessel  that  may  venture  into  a  Canadian  harbor, 
lor  niiiv  have  occasion  to  pass  through  tho  very  extensive  waters  thus  comprehended, 
[iii.'vy  bo  seized  at  the  discretion  of  any  one  of  numerous  subordinate  otHcers,  carried 
[into  port,  subjected  to  search  and  the  examination  of  hor  master  upon  oath,  her  voy- 
lago  broken  up,  and  tho  vessel  and  cargo  confiscated,  if  it  shall  bo  determined  by  the 
llooal  authorities  that  she  has  ever  even  posted  or  received  a  letter  or  landed  a  pas- 
iK'nger  in  any  part  of  Her  Majesty's  dominions  iu  America. 

I    And  it  is  jmblicly  announced  in  Canada  that  a  larger  fleet  of  cruisory  is  being  pre- 
Iparcd  by  tho  authorities,  and  that  greater  vigilance  will  bo  exerted  oh  their  part  in 
the  next  fishing  season  than  in  tho  last. 

It  is  in  the  act  to  which  tho  one  above  referred  to  is  an  amendment  that  is  fo  ind 

Ithe  provision  to  which  I  drew  attention  iu  a  note  to  Lord  Iddesloij'h  of  Docembe;  2, 

|l886,  by  which  it  is  enacted  that  in  case  a  dispute  arises  as  to  whether  any  seizure 

\haa  or  has  not  been  legally  made,  the  burden  of  proving  tho  illegality  of  tho  seizure 

shall  bo  upon  the  owner  or  claimant. 

In  his  reply  to  that  note  of  January  11,  1887,  his  lordship  intimates  that  this  pro- 
vision is  intended  only  to  impose  upon  a  person  claiming  a  license  tho  burden  of 
proving  it.  But  a  reference  to  the  act  shows  that  such  is  by  no  means  tho  restriction 
of  the  enactment.  It  refers  iu  the  broadest  and  clearest  tonus  to  any  seizure  that  is 
Jinauo  under  tho  provisions  of  tho  act,  which  covers  tho  whole  subject  of  protoetioa 
jogainst  illegal  fishing;  md  it  applies  not  only  to  tho  proof  of  a  license  to  fish,  but  to 
all  (piestions  of  fact  whatever,  necessary  to  a  determination  as  to  the  lo^tality  of  a 
peiziue  or  the  authority  of  tho  person  making  it. 

It  is  quite  unnecessary  to  point  out  what  grave  embarrassments  may  ariso  in  the 
iclatious  between  the  United  States  and  Great  Britain  under  such  admini.stration  as 
lis  reasonably  to  be  expected  of  the  extraordinary  provisions  of  this  act  and  its  amond- 
|uicnt,  upon  which  it  is  not  important  at  this  time  further  to  coiniuent. 

It  will  be  for  Her  Majesty's  Government  to  doterniino  how  far  its  sanctioa  and  sup- 
port will  be  given  to  further  proceedings,  such  as  the  United  .States Government  have 
blow  repeatedly  complained  of  and  have  just  ground  to  apprehend  i>ia,>  be  coutiuued 
|l)y  the  Canadian  authorities. 

It  was  with  tho  earnest  desire  of  obviatinjj  the  impending  difficulty,  and  of  pro- 
heiiting  collisions  and  dispute  until  such  time  as  aperiiianont  unlerstamling  between 
Hlietwo  Governments  could  bo  reached,  that  I  suggested,  on  the  part  of  tho  United 
States,  in  my  note  to  Lord  Iddesleigh  of  September  11,  1680,  that  an  ad  interim  eoii- 
pttuction  of  the  terms  of  the  treaty  might  be  agreed  on,  to  be  carried  out  by  iustruo- . 


38 


li 


1; 


THE   FISHERIES   QUESTION. 


tions  to  bo  given  on  both  sides  without  prej'idico  to  theultirnateclaitnsof  either, and 
terminablo  at  the  pleasure  of  either.  In  au  iiiKiiviow  I  bad  the  lionor  to  have  with 
his  lordsliip,  in  vliich  this  sujjgestion  was  discussed,  I  derived  tlie  impression  thiit 
ho  regarded  it  vith  favor.  Au  outiiue  of  sucli  an  inraugi'iiient  was  therefore  sub- 
sequeutly  prepared  by  the  United  States  Gove:unieu%  which,  at  the  request  of  Lord 
Iddesleigh,  was  submitted  to  him. 

But  I  observe,  with  some  surprise,  that  in  his  note  of  November  30,  last,  his  lord- 
ship refers  to  tliat  proposal  made  in  my  note  of  11th  September,  as  a  nropositiou  that 
Her  Majesty's  Government  "should  temporarily  abandon  the  exercise  of  the  treaty 
rights  wiiicli  they  claim  and  which  they  conceive  to  bo  indisputable." 

In  view  of  the  very  grave  questions  that  exist  as  to  the  extent  of  those  rjghts,  in 
respect  to  which  tiie  views  of  the  United  States  Government  differ  so  widely  from 
those  insisted  upon  by  Her  Majesty's  Government,  it  does  not  seem  to  me  an  uurea- 
sonablo  proposal  that  the  two  Governments,  by  a  temporary  and  nnitual  concession, 
witliout  prejudice,  should  endeavor  to  reach  some  middle  ground  of  ad  intcrivi  cou- 
Btruction,  by  which  existing  friendly  relations  might  be  preserved,  until  some  perma- 
nent treaty  arrangements  could  bo  made. 

The  reasons  why  a  revision  of  the  treaty  of  1818  can  not  now,  in  the  opinion  of  tlie 
United  States  Government,  be  hopefully  undertaken,  and  which  are  set  forth  in  my 
note  to  Lord  Iddesleigh  of  September  11,  have  increased  in  force  since  that  note  was 
written. 

I  again  respectfully  commend  the  proposal  above  mentioned  to  the  consideration  of 
Her  Majesty's  Governmeut. 
I  have,  etc., 

£.  J.  Pjoelps. 


JlO.  307. 
Mr.  Bayard  to  Mr.  Phelps 


No.  527.] 


Department  of  State, 

Washington,  February  1,  1887. 

Sir  :  i  transmit  to  you  herewith,  for  the  use  of  your  legation,  copies 
of  Senate  Executive  Document  No.  55,  Forty-ninth  Congress,  second 
session,  which  contains  a  revised  hstof  vessels  involved  in  the  contro- 
versy with  tlie  CanaiUan  authorities. 
I  am,  etc., 

T.  F.  Bayard. 


m 

f  ■'■■ 


■'  [Inclosnre  in  No.  527.1 

[Senftte  Ex.  Doc.  No.  55,  Forty-ninth  Congress,  second  aoaaion.  I 

Letter  from  tlie  Secretary  of  State,  transmitting  revised  lists  of  vessels  involrcd  in  the  contro- 
versy with  the  Canadian  authoritien. 

Janvaky  27,  1887.— Ordorod  to  be  printed,  and  also  to  be  bound  witli  Senate  Report  No.  1G83. 


Drpahtmrnt  of  State, 

Washington,  January  5i(5,  1887. 

Sin:  Responding  to  your  request,  dated  the  17th  and  received  at  this  r»-,partiiiiMr 
on  the  Ibth  instant,  on  behalf  of  the  Coniuiittee  on  Foreign  Relations,  for  a  revisioil 
of  the  list,  heretofore  furnished  by  this  Department  to  tlie  committee,  of  all  Americui 
vessels  seized,  warned,  flned,  or  detained  by  the  Canadian  authorities  during  the  | 
year  1886,  I  now  inclose  the  same 

Every  such  instafice  is  therein  chro'jologically  ouuuierated,  with  a  stateaieui  of  tin  j 
jC^eueral  faots  attendant. 

.     Very  respectfully,  yours, 

T.  P.  Bayaro. 

Hon.  GuoaaE  F.  Edmunds, 

UnVed  Stales  Senate. 


THE    FISHERIES    QUESTION. 


39 


considoratiouof 


E.  J.  Phelps. 


iu  the  oontro- 


F.  BAYARD. 


Ircd  in  the  confro- 


Report  No.  1C83. 


stateajcuii  of  tlit 


r.  F,  Bayakd. 


List  of  American  vcsacla  seised,  detained,  or  warned  off  from  Canadian  porta  d  ■  ing  the  last 

year. 

Sarah  B.  rntiiam. — IJovorly,  Mass. ;  Cujvilcs  Randolph,  master.  Driven  from  har- 
bor of  Fiilinico  in  storin  March  'Zi,  18S6. 

Josci^h  Story. — Gloucester,  Mass.  Dotainod  by  customs  officers  at  Baddeck,  Nova 
Scotia,  in  April,  188(1,  for  alleged  violation  of  the  customs  laws.  Released  after  twenty- 
ioiir  lioiirs'  detention. 

Sdh  Siockbridge. — Gloucester,  Mass.;  Antono  Olson,  master.  Warned  off  from  St. 
Aiidiews,  New  Brunswick,  about  April  30,  188(), 

Annie  M.  Jordan. — Gloucester,  Mass. ;  Alexander  Haiuo,  masto-  Warned  off  at 
St.  Andrews,  Now  Brunswick,  about  May  4,  18St>. 

David  J.  Adams. — Gloucester,  Mass. ;  Ablen  Kinney,  m  yster.  Seized  at  Dii:;by,  Nova 
Scotia,  May  7,  l88t»,  for  allegod  violation  of  treaty  of  1818,  act  of  iVJ  George  III  a'.itl  act 
of  H8:l.  Two  suits  brought  in  vice-admiralty  court  at  Halifax  for  penaUies.  Protest 
filed  May  Vi.     Suits  pending  still,  and  ve'jsel  not  yet  released  apparently. 

Sunie  Coopn'\ — (Hooper?)  GloucostP.r(0.  Mass.  Boarded  an(l  searched,  and  crew 
nidely  ireated  by  Canadian  officials  in  Canso  Bay,  Nova  Scotia,  May,  1886. 

EUa  M.  Doughty. — Portlan..,  Mo. ;  Warren  A.  Doughty,  master.  Seized  at  St.  Ann's, 
Cape  Breton,  May  17,  188G,  for  alleged  vio'ation  of  the  cistoms  laws.  Suit  was  in- 
stituted in  vice-admiralty  court  at  Halifax,  Nova  Scotia,  but  was  subseiiuently 
aliamloned,  and  vessel  was  released  .Juno  21',  1886. 

Jennie  and  Julia. — Eastport,  M(!. ;  W.  H.  Travis,  master.  Warned  off  at  Digby, 
Nova  Scotia,  by  customs  offietirs.  May  18,  1886.  . 

Lucy  Ann. — Gloucester,  Mass, ;  Joseph  H.  Smith,  master.  Warned oiT  at  Yarmouth, 
Nova  Sci/tia,  May  at),  1886. 

Matthew  Kcany. — Gloucester,  Mass.  Detained  at  Souris.  Prince  Edward  Island, 
one  (liiy  for  alleged  violation  of  customs  laws,  about  May  :U,  1886. 

Jamia  A.  Garfield. — Gloucester,  Mass.  Threatened,  about  .Juno  1,  18S3,  with  seiz- 
ure for  having  purchased  bait  in  p  Canadian  harbor. 

Martha  W,  Bradley. — Gloucester,  Mass.  ;  J.  F.  Ventior,  master.  Warned  off  at  Canso, 
Nova  Scotia,  between  Juno  1  and  8,  1886. 

Eliza  Boynton. — Gloucester,  Mass.  ;  George  E,  Martin,  master.  Warned  off  at 
Canso,  Nova  Scotia,  between  Juno  1  and  0,  l-'86.  Then  afterwards  detained  in  man- 
ner not  reported,  and  released  October  "25,  18'S6. 

J/fls«j<.— Gloucester,  Mass.  ;  Alexander  McEachern,  master.  Warned  off  at  Pert 
Amherst,  Magdalen  Islands,  June  10,  1886. 

Thomas  F,  Bayard. — Gloucester,  Mass. ;  James  McDonald,  master.  Warned  off  at 
Bonne  Bay,  Newfoundland,  Juno  12,  1886. 

James  G.  Craig. — Portland,  Mo. ;  Webber,  master.  Crew  refused  privilege  of  land- 
ing for  necessaries  at  Brooklyn,  Nova  Scotia,  .June  l.">  or  16,  1886. 

City  Point. — Portland,  Me. ;  Keene,  master.  Detained  at  Shelbnrne,  Nova  Scotia, 
July  2,  1886,  for  alleged  viohition  of"  customs  laws.  Penalty  of  $400  demanded.  Money 
deposited,  nnderprotest,  July  12,  and  in  addition  §120  costs  deposited  July  14,  Fine 
and  costs  refinu^'^d  .July  21,  and  vessel  released  Augu,<t  26.  Harbor  dues  exacted 
August  26,  notwithstanding  vesstd  h.ad  been  refused  all  the  jnivileges  of  entry. 

C.  I'.  Harrington. — Portland,  Me. ;  Frelliek,  master.  Detained  at  Shelbnrne,  Nova 
Scotia,  July  '.i,  1886,  for  alleged  violation  of  customs  laws  ;  lined  S400  July  ."> ;  lijie  de- 
posited, under  p-otest,  July  12;  $120  costs  deposited  July  14;  refuuled  July  21,  and 
vessel  released. 

Jlercward. — Gloucester,  Mass. ;  McDonald,  master.  Detained  two  days  at  Canso, 
Xova  Scotia,  about  July  3,  1886,  for  shipping  seamen  contrary  to  port  laws. 

(r.  jr.  Cu»hbhj. — Portland,  Mo. ;  Jewott,  master.  Detained  July  (by  another  report 
.Jinie)  3,  1886,  at  Slielburne,  Nova  Scotia,  for  aih^ged  violation  of  the  customs  laws; 
lined.'*, JOG;  money  deposited  with  collector  at  Halifax  about  July  12  or  14,  and  $120 
for  costs  deposited  14th  ;  costs  refiunied  .July  21,  and  vessel  released. 

(iohlen  Hind. — Gloucester,  Mass. ;  Reul)en  Cameron,  master.  Warned  off  at  Bay  of 
Cii.ileurs,  Nova  Scotia,  on  or  about  .July  23,  188!j. 

yorclty, — Portland,  Me. ;  H.  A.  Joyce,  master.  Warned  off  at  Pictou.  Nova  Scotia, 
June  2!',  1886,  where  ve.ssei  ;iad  eutorod  for  coal  and  water;  also  refused  entrance  at 
Anilu'rst,  Nova  Scotia,  July  24. 

A^  ./.  Miller. — Booth  Bay,  Me.  ;  D'ckson,  master.  Detained  at  Hopewell  Cape,  New 
r.niiiswick,  for  alleged  violation  of  customs  laws,  on  .July  24,  18S().     Fined  $400. 

Rattler. — Gloucester,  Mass.  ;  A.  F.  Cunningham,  master.  Warned  off  at  Can.so, 
Nova  Sc«itia,  .June,  1886.  Detained  in  port  of  Shelbnrne,  Nova  Scotia,  where  vesstd 
iiiti'nid  seeking  shelter  August  3,  1886.  Kept  under  guard  all  night  and  released  oa 
th((  4tli. 

Caroline  Fought  — Booth  Bay,  Me. ;  Ch.irlos  S.  Reed,  master.  Warned  off  at  Ros- 
pebiac,  New  Brunswick,  and  refused  water,  August  4,-  1886. 


4.0 


THE    FISHERIES    QUESTlOl^. 


m 


/SftiZoA.— Qlouoeater,  Mass.;  Charles  Novit,  master.  Boarded  at  Lirerpool,  Nova 
Scotia,  Anj^ust  9,  aud  subjected  to  rude  surveillatico. 

Julia  J'Jllcn. — Booth  Bay,  Mo. ;  Barnes,  mastur.  Boarded  at  Liverpool,  Nova  Scotia, 
August  9,  1H86,  and  subjected  to  rude  surveillance. 

Freddie  W,  ^JUo».— Proviuoetown,  Mass.;  Alton,  master.  Boarded  at  Liverpool, 
Nova  Scoti.i,  August  9,  1886,  and  subjected  to  rndo  siirveillancD. 

Howard  Holhrook. — Glomester,  Mass.  Detained  at  Hawkosbury,  Oape  Breton , 
August  17,  ISili,  for  alleged  violation  of  the  customs  laws,  lioleased  August  20  on 
deposit  of  $400.     Question  of  remission  of  line  still  pending. 

A.  B.  Crittenden. — Gloucester,  Mass.;  Bain,  master.  Detained  at  Hawkesbury, 
Nova  Scotia,  August  27,  188i),  for  alleged  violation  of  customs  laws.  Four  hundred 
dollars  pentvlty  deposited  August  28  without  protest,  and  vessel  raleased.  Three 
hundred  and  Keventy-five  dollars  remitted,  and  a  nominal  line  of  $2^)  imposed. 

Mollie  Adams. — Gloucester,  Mass. ;  Solomon  Jacobs,  master.  Warned  off  into  storm 
from  Straits  of  Canso,  Nova  Scotia,  August  .31,  1886. 

Highland  Light. — Welllleot,  Mass.;  .1.  H.  Ryder,  master  Seize!  olF  East  Point, 
Prince  Edwarll  Island,  September  1,  1886,  while  fishing  within  prohibited  line.  Stilt 
for  forfeiture  begun  in  vice-admiralty  court  at  Charloitetown.  Hearing  set  for  Sep- 
tember 20,  but  postponed  to  September  30.  Master  admitted  the  charge  and  con- 
fessed judgment.  Vessel  condemned  and  sold  December  14.  Purchased  by  Canadian 
Govern  mint. 

l^earl  Nelson, — Provincctown,  Mass. ;  Kemp,  mastc.  Detained  at  Arichat,  Cape 
Breton,  September  8,  1886,  for  alleged  violation  of  customs  laws.  Released  Septem- 
ber 9,  on  deposit  of  ^'200.     Deposit  refunded  October  26, 1886. 

Pioneer. — Gloucester,  Mass. ;  F.  F.  Cruched,  masto".  Warned  oft'  at  Canso,  Nova 
tcotia,  September  9,  1886. 

Everett  Steel. — Gloucester,  Mass. ;  Charles  H.  Forbes,  master.  Detained  at  Shel- 
burne.  Nova  Scotia,  September  10,  1886,  for  alleged  violation  of  customs  laws.  Ru- 
le ased  by  ordor  from  Ottawa,  September  11, 1886. 

iforo  Crt8<fe— Gloucester,  M.ass. ;  Edwin  M.  Joyce,  master.  Dotaiiu  d  u  -wkes- 
bury,  Nova  Scotia,  September  11,  1886,  on  charge  of  having  smujv  'u  .  uus  into 
Chestei,  Nova  Scotia,  in  1884,  and  also  of  violating  customs  laws.  A  deposit  of  $1,000 
demtndea.  Vessel  discharged  November  29,  1886,  on  payment,  by  agreement,  of 
$1,000  to  Canadian  Government. 

fVilUam  D.  Daisley, — Gloucester,  Mass. ;  J.  E.  Gorman  master.  Detained  at  Souris, 
Prince  Edward  Island,  October  4,  1886,  for  alleged  violation  of  customs  law.  Fined 
$400,  and  released  on  p.ayment ;  (J375  of  the  fine  remitted. 

Laura  Sayward. — Gloucester,  Mass. ;  Medeo  Rose,  master.  Refused  privilege  of  land- 
ing to  buy  provisions  at  Shelburne,  Nova  Scotia,  October  5,  11286. 

Margin  Orimea, — Gloucester,  Mass.  Detained  at  Shelburne,  Nova  Scotia,  October  0, 
for  violation  of  port  laws  in  failing  to  report  at  custom-house  on  on'ering.  Fined 
$400.  Money  p  .id  under  protest  and  vessel  released.  Fine  remitted  December  4, 
1886. 

Jennie  Seavcma. — Gloucester,  Mass.  ;  Joseph  Tuppor,  master.  Refused  privilege  of 
landing,  and  vessel  jilaced  under  guard  at  Liverpool,  Nova  Scotia,  October  20,  1886. 

Flying  Soud. — Gloucester,  Mas',  Detained  for  alleged  violation  of  customs  laws  at 
Halifax,  November  1,  or  about  that  tim j.     Released  November  16,  1886. 

Saral^  U,  Prior. — Boston,  Mass.  Refused  the  restoration  of  a  lost  seine,  which  was 
found  by  a  Canadian  schooner,  December,  1886. 

Boat  (name  unknown). — Stephen  R.  Balcom,  master ;  Eastport,  Me.    Warned  off ' 
St.  Andrews,  New  Brunswick,  July  9,  1886,  with  others. 

Two  small  boats  (unuamed). — Charles  Smith,  Pembroke,  Mo.,   mast.T.      Seized 
East  Quaddy.  New  Brunswick,  September  1,  1880,  for  alleged  violation  of  custi.m» 
law.s. 

Druid  (foreign  built). — Gloucester,  Mass.  Seized,  warned  off,  or  molested  other- 
wise at  some  time  prior  to  September  (5,  1886. 

Atibey  A.  Snow. — Injury  to  this  vessel  has  not  been  reported  to  the  Department  of 
State. 

Eliza  A.  Thomas. — Injury  to  this  vessel  has  not  been  reported  to  the  Department  of 
State. 

Wide-Awake. — Eastport,  Mo.  ;  William  Foley,  master.  Fined  at  L'Etaiig,  New 
Brunswick,  $75  for  taking  away  iisli  without  getting  a  clearance  ;  again  November 
13,  1"'86,  at  St.  George,  Ntnv  Brunswi  k,  fined  $20  for  similar  offense.  In  both  cumn 
ho  was  x>i^ucoediug  to  obtain  cluaraucos. 


THE    FlSHEUIES    QUESTION. 


41 


No.  308. 


.t  Canso,  Nova 


Mr.  Bayard  to  Mr.  Phelps. 

Ifo.  .'528. j  Department  op  Stat^, 

W(i8hin()ton,  February  1.  1837. 

Sib :  I  receivetl  on  the  29th  ultimo  a  replj*  from  the  British  minister 
at  tliis  capital  to  my  notes  to  him  on  the  19th  and  20th  of  October  last, 
relative  to  the  cases  of  the  American  Ashing  vessels  Pearl  Nelson a.tni 
Ercrcit  Steele. 

The  note  of  Sir  Lionel  West  serves  only  to  inclose  the  communica- 
tioii  of  tlie  Marquis  of  Lansdowne  to  Mr.  Stanhope.  Whilst  tlie  letter 
of  Lord  Lansdowne  proceeds  upon  the  nssumption  of  grounds  never 
accepted  by  tbis  Government  as  the  basis  of  discussion  o*"  the  rights 
of  our  fishermen,  and  fails  t  admit  the  obvious  and  ess  vutial  right  of 
American  fishermen  to  respru  for  i)urpose3  not  abusive  of  the  ancient 
])nvilegcs  guaranteed  by  the  treaty  of  1818,  in  the  Canadian  bays  and 
liarbors,  yet  I  am  glad  to  see  that  the  tone  of  his*  discussion  indicates 
the  growth  of  a  disposition  to  consider  the  case  of  the  American  fisher- 
men ill  a  more  friendly  light  than  heretofore  in  the  discussions  of  the 
])ast  season. 

The  letters  will  bo  communicated  to  Congress  as  supplementary  to 
the  information  heretofore  laid  before  them  by  the  President. 


1  am,  etc., 


T.  F.  Bayard. 


No.  309. 


ivilegoofiaiid-  ^  Mr.  Bayard  to  Mr.  Phelps. 

Ko.  53G.]  DErARTMENT  OP  State, 

Washington,  February  8,  1887. 

Sir  :  T  have  to  acknowledge  your  dispatch  of  the  27th  ultimo,  No.  423, 
wliich  was  .accompanied  by  a  copy  of  the  ntite  to  you  of  the  late  Lord  Id- 
(lesleigh,  under  date  of  December  10,  J  880,  and  also  one  from  Sir  .hilian 
Pauncefote,  dated  January  14, 1887,  and  also  a  copy  of  your  note  to  the 
Marquis  of  Salisbury  under  date  of  January  20  ultimo. 

I  desire  to  express  my  entire  satisfaction  with  tlie  position  correctly 
assumed  and  admirably  and  logically  sustained  by  you  in  this  relation. 

l^our  telegrams  of  the  5th  instant  and  of  yesterday,  with  reference  to 
.'le  same  question,  have  been  received. 

As  part  of  the  general  case,  ami  as  bearing  with  unusual  clearness 
upon  the  Canadian  claims  of  construction  of  the  convention  of  1818, 1 
transmit  hr;rewith  copies  of  a  note  t  from  Sir  Lionel  West,  dated  the  28th 
ultimo,  inclosing  a  dispatch  from  Lord  Lansdowne,  governor-general  of 
Canada,  to  Mr.  Stanhope,  dated  November  9,  1880,  which  is  accom- 
panied by  reports  of  the  committee  of  the  i)rivy  council  for  Canada,  and 
of  Mr.  Thompson,  the  minister  of  justice  at  Ottawa. 

It  may  bo  noted  that  this  re[)ly  of  the  British  minister  at  this  capital 
to  my  note  to  him  of  May  20,  1880,  is  dated  on  the  28th  ultimo,  giving 
some  eight  months  for  the  r^ontplotion  of  the  circuit  of  correspondence. 

At  page  15  of  the  i»i'inted  inclosure  and  in  the  last  paragraph  will  be 
found  t'lj  explicit  a\'o\val  of  clium  by  the  Canadian  Government  to 


m 


i-'i 


*  Printctl  p.  r>lG  infra. 


tPriuted  p.  502  infra. 


42 


THE    FISHERIES    QUKSTION. 


I  M 


1 


'. 


I'fi 


'■V' 
8:i1 


employ  the  convention  of  1818  as  an  instrument  <jf  interference  with 
thb  exercise  of  open-sea  flsUiug  by  citizens  of  the  United  States,  and  to 
give  it  such  a  construction  as  will  enable  the  fishermen  of  the  provinces 
better  to  compete  at  less  "disjulvantajfe  in  the  markets  of  the  United 
States  "  in  the  pursuit  of  the  deep-sea  fisheries. 

At  the  outset  of  this  discussion,  in  my  note  to  Sir  Lionel  West,  of  May 
10,  1886,  I  said  : 

The  question,  therefore,  arises  whether  such  a  construction  is  admissible  as  would 
'  convert  the  treaty  of  1818  from  heing  an  instrumentality  for  the  protection  of  the  in- 
Bhore  fisheries  along  the  described  parts  of  the  British  American  coasts  into  a  pro- 
text  or  means  of  obstructing  the  business  of  deep-sea  fishing  by  citizens  of  the  United 
States,  and  of  interrupting  and  destroying  the  commercial  intercourse  that  since  the 
treaty  of  1818,  and  independent  of  any  treaty  whatever,  has  grown  up  and  now  exists 
under  the  concurrent  and  friendly  laws  and' mercantile  regulations  of  the  respective 
countries. 

When  I  wrote  this  I  hardly  expected  that  the  motives  I  suggested, 
rather  than  imputed,  would  be  admitted  by  the  authorities  of  the  prov- 
inces, and  was  entirely  unprepared  for  a  distinct  avowal  thereof,  not 
only  as  regards  the  obstruction  of  deep-sea  fishing  operations  by  our 
fishermen,  but  also  in  respect  of  their  independent  commercial  inter- 
•  course,  yet  it  will  be  seen  that  the  Canadian  minister  of  justice  avers 
that  it  is  "n.  at  prejudicial"  to  the  interests  of  the  provinces  "  that 
United  States  fishermen  should  be  permitted  to  come  into  their  harbors 
on  any  pretext." 

The  correspondence  now  sent  to  you,  together  with  others  relating  to 
the  same  subject  that  has  taken  plac'3  since  the  President's  message  of 
December  8,  couimunicating  the  same  to  Congress,  will  be  laid  before 
Congress  without  delay,  and  will  assist  the  two  houses  materially  in 
the  legislation  proposed  for  the  security  of  tlie  riglits  of  American  fish- 
ing vessels  under  treaty  and  international  law  and  comity. 
I  am,  etc.j 

T.  F.  Bataed. 


No.  310. 

Mr.  White  to  Mr.  Bayard. 

No.  456.]  Legation  of  the  United  States, 

London,  March  2,  1887.    (Received  March  14.) 

Sir:  I  have  the  honor  to  inclose  herewith,  for  your  information,  an 
extract  from  the  report  contained  in  yesterday's  Times  of  the  proceed- 
ings in  Parliament  on  the  28th  February,  embodying  the  answc  made 
by  Sir  James  Ferguson,  under  secretary  of  state  for  foreign  affairs,  to  a 
question  put  to  him  by  Dr.  Tanner  in  reference  to  the  proposed  retalia- 
tory measures  against  Canada. 

I  deem  it  proper  to  add  that  Mr.  George  W.  Smalley,  the  well-known 
correspondent  of  the  New  York  Tribune,  has  informed  me  of  a  conver- 
sation which  he  had  recently  with  the  same  functionary,  and  in  the 
course  of  which  Sir  James  Ferguson  assured  him  that  the  Government's 
late  dispatches  from  Canada  on  the  subject  of  the  fisheries  had  been  of 
a  very  conciliatory  nature,  and  that  a  modus  rivendi  would  very  shortly 
be  proposed  to  you  by  the  British  minister  at  Washington,  which  Her 
Majesty's  Government  had  reason  to  hope  would  be  satisfactory  to  the 
United  States. 

I  have,  etc.,  Henry  White. 


THE    FISHERIES    QUESTION. 


48 


f  Inclosure  iu  No.  456. — Extract  from  the  Report  of  Parliamentary  Pronoodings  of  February  28,  1887.) 

NORTH  AMEUICAN  FISIIEUIKS. 

Dr.  Tanxer  asked  the  uuder  secretary  for  foreign  .affairs  wliether  his  attention  had 
boeii  drawn  to  the  following  cablegram — "New  Yo"w  Fubruari/  '24.  A  convention  of 
smack-owners  and  others  connected  with  the  lisUiug  interests  has  mot  at  Gloucester, 
Mass.,  and  adopted  resolntions  in  favor  of  reta'iatory  measnres  agairst  Canada." 
(Keutku)— <ind  whether  any  measnres  were  being  taken  by  the  Government  to  rec- 
oncile the  ditt'erouces  existing  between  the  United  States  of  America  and  Great  Brit- 
ain on  this  fishery  question. 

.  Sir  J.  Ferguson.  I  am  awaro  of  the  paragraph  quoted  by  the  honorable  member, 
and  of  other  news  showing  the  strong  feeling  entertained  iu  the  United  States  in  re- 
gard to  the  Canadian  fishery  question.  Her  Majesty's  Governmeuc  are  giving  the 
subject  the  earnest  attention  wliich  the  importance  of  the  matter  requires.  (From 
The  Times,  March  1,  1887.) 


No.  312. 


Mr.  Bayard  to  Mr.  Phelps. 


No.  5G3.] 


Department  op  State, 
Washington,  March  11, 1887. 

SiK :  I  inclose  herewith,  for  the  use  of  your  legation,  copies  of  the 
act  of  Congress  (Public,  No.  125),  entitled  "An  act  to  authorize  the 
President  of  tbe  United  States  to  protect  and  defend  the  rights  of 
American  fishing  vessels,  American  fishermen,  American  trading  and 
other  vessels,  in  certain  cases,  and  for  other  purposes,"  approved  March 
3, 1887. 

I  am,  etc., 

T.  F.  Bayard. 


!         •  flncloanre  in  No.  563.] 

[Public— No.  larj.] 

AN  ACT  to  authorize  the  Presidont  of  the  Unitod  States  to  protect  and  (iof<ind  the  rights  of  Ameri- 
can liahinj;  yessols  Ainorioau  flahormun,  American  tradini;  and  other  vessels,  in  certain  cases,  and 
for  other  purpc  aes. 

lie  it  enacted  hi/  ihe  Senate  and  House  of  Representatives  of  the  United  States  of  America 
in  Congress  assembled,  That  whenever  the  President  of  the  United  States  shall  bo  sat- 
iafiod  that  American  iisliing  vessels  or  American  fishermen,  visiting  or  being  in  the 
waters  or  at  any  ports  or  places  of  the  British  dominions  of  North  America,  are  or  then 
lately  have  been  denied  or  abridged  in  the  enjoyment  of  any  rights  secured  to  thom 
by  treaty  or  law,  or  are  or  then  lately  havo  [been]  unjustly  vexed  or  harassed  in  the 
enjoyment  of  such  rights,  or  subjected  to  unreasonable  restrictions,  regulations,  or 
re(|nircments  in  respect  of  such  rights;  or  otherwise  unjustly  vexed  or  harassed  in 
(•aid  waters,  ports,  or  i)laces;  or  whenever  tlio  President  of  the  United  Sta'cs  shall  bo 
satisfied  that  any  such  fishing  vessels  or  fishermen,  having  a  permit  under  tlie  laws 
of  the  United  States  to  touch  and  trade  at  any  port  or  i)orts,  place  or  places,  in  the 
lirilish  dominioiisof  North  America,  an*  or  then  lately  have  been  denied  the  inivilege 
of  entering  such  port  or  ports,  place  or  places  in  the  same  manner  and  uiuh^r  the 
Himio  regulations  as  may  exist  tliorein  applicable  to  trailing  vessels  of  the  most  fa- 
vored nation,  or  shall  bo  unjustly  vexed  or  harassed  in  respect  thereof,  or  otherwise 
be  nnjnstly  vexed  or  harassed  therein,  or  shail  bo  prevented  from  purchasing  such 
supplies  as  may  there  bo  lawfully  sold  to  trading  vessels  of  the  most  favored  nation ; 
or  whenever  the  President  of  the  United  States  shall  bo  satisfied  that  any  other  ves- 
sels of  the  United  States,  their  masters  or  crews,  so  arrivinjt  at  or  being  in  such 
British  wnters  or  ports  or  places  of  the  British  dominions  of  Noicli  America,  arc  or 
then  lately  have  been  denied  any  of  the  privileges  therein  accorded  to  the  vessels, 
their  maaters  or  crews,  of  the  most  favored  nation,  or  unjustly  vexed  or  harassed  ia 


Hi. 


,1 


44 


THE   FISHERIES   QUESTION. 


iV 


respect  of  the  name,  or  unjnetly  vexed  or  harassed  thoreir.  by  the  authorities  thereof, 
tlicn,  and  in  eitlier  or  all  of  sueh  castas,  it  Nliall  bo  lawful,  and  it  shall  bo  the  duty  of 
the  President  of  the  United  States,  in  his  di.scretiou,  by  i)roclun\ation  to  that  efuct, 
to  deny  vessels,  their  masters  and  crews,  of  the  Hritish  dominions  of  North  America, 
any  entrance  into  the  waters,  ports,  or  places  of,  or  within  the  Uuitcsd  States  (with 
such  exceptions  iu  regard  to  vessels  in  distress,  stress  of  weather,  or  needing  supplies 
OS  to  the  President  shall  seem  proper),  whether  such  vessels  sb  .11  have  come  directly 
from  said  dominions  on  such  destined  voyage  or  by  way  of  souit  port  or  place  in  stich 
destined  voyage  elsewhere;  and  also,  to  deny  entry  into  any  port  or  place  of  the 
United  States  of  fresh  fish  or  salt  fish  or  any  other  product  of  said  dominions,  or 
other  £{ood8  coming  from  said  dominions  to  the  United  States.  The  President  may, 
in  his  discretion,  apply  such  proclamation  to  any  part  or  to  all  of  the  foregoing-named* 
subjects,  and  may  revoke,  qualify,  limit,  and  renew  snch  proclamation  from  time  to 
time  as  he  may  deem  necesuary  to  the  full  and  just  execution  of  the  purposes  of  this 
act.  Every  violation  of  any  such  proclamation,  or  any  part  thereof,  is  hereby  de- 
clared illegal,  and  all  vessels  and  goods  so  coming  or  being  within  the  waters,  ])orts,  or 
places  of  the  United  States  cr  trary  to  such  proclamation  shall  bo  forfeited  to  the 
United  States;  and  such  forfeiture  shall  be  enforced  and  proceeded  upon  in  the  same 
manner  and  with  the  same  efl'ect  as  in  the  case  of  vessels  or  goods  whose  importa- 
tion or  eo-niug  to  or  being  in  the  waters  or  ports  of  the  United  States  contrary  to  law 
may  now  be  enforced  and  proceeded  upon.  Every  person  who  shall  violate  any  of  the 
provisions  of' this  act,  or  snch  proclamation  of  the  President  made  in  ])ursuance 
hereof,  shall  be  deemed  guilty  of  a  misdemeanor,  and,  on  conviction  thereof,  shall  bo 
punished  by  a  fine  not  exceeding  one  thousand  dollars,  or  by  imprisonment  for  a 
terra  not  exceeding  two  years,  or  by  both  said  punishments,  in  the  discretion  of  the 

COUiC. 

Approved,  March  3, 18S7. 


No.  314. 


Mr.  White  to  Mr.  Bayard. 

No.  472.]  Legation  op  the  United  States, 

London,  March  23,  1887.  (Received  April  4.) 
Sir:  I  have  the  honor  to  inclose  herewith  for  your  information  copies 
of  questions  asked  in  the  House  of  Commons  yestenlay  and  the  day 
before  with  regard  to  our  difliculty  with  Canada  respecting  the  flsh- 
eries,  together  with  the  answers  made  to  tiie  same  by  the  under  sec- 
retary of  state  for  foreign  attairs. 

According  to  one  of  these  answers  it  would  seem  that  the  British 
Government's  reply  on  the  subject  of  a  modus  vivendi  must  soon  be  in 
our  hands. 

I  have,  etc., 

Henby  White. 


[Tnclosare  1  In  No.  472.] 

Parilamontary  proceedings,  March  21,  1887. 

NOUTII  AMERICAN  KISUEKIES. 

Mr.  (jJoURLEY  asked  the  under  secretary  for  foreign  affairs  whether  he  conld  in- 
form the  House  of  the  nature  of  the  dispatch  received  from  the  Dominion  Government 
suggesting  a  viodiis  vivendi  for  a  setf  lenient  of  the  Anglo- American  fisheries  dispure, 
and  when  he  anticipated  that  further  promised  correspondence  would  be  in  the  hand* 
of  members;  and  whether  the  prohibition  of  the  sale  of  bait  to  United  States  fisher 
men  in  Newfoundland  (while  permitted  to  French  fishermen)  was  iu  harmony  with 
"  the  most  favored  nation"  clause  of  foreign  treaties. 

Sir  J.  Fehgussok.  Her  Majesty's  Government  will  be  desirous  of  informing  the 
House  of  the  course  of  negotiations  with  tho  Government  of  the  United  States  upon 
the  fisheries  dispute  as  soon  ns  possible.  I  hope  to  lay  on  the  table  the  dispatch  now 
being  addressed  to  the  United  States  Government  before  the  Easter  recess.    I  hope 


THE   FISHERIES   QUESTION. 


45 


J  Ilonso  will  oxcnse  mo  from  entering  upon  tlie  questions  affecting  tbo  Nowfound- 
IuikI  iishcries  in  a  fragmentary  nuiriuer.  Her  Majesty's  Uovernment  will  be  careful 
to  ol)Hi'rvo  their  interua\ ional  oMijjations,  while  havin<;  dno  regard  to  the  iutereatB  of 
ber  Miijesty'tt  subjecta.    (From  the  Tuuoa,  March  a'-J,  ldb7  ^ 


[Inclosnre  2  in  No.  472.  | 
* 

[Parliaroentary  Proceodincs,  March  22,  1887.] 
THE   CANADIAN  FISIIERIKS  DISPUTE. 

Mr.  GounT-T57  aslced  the  under  secretary  of  state  of  foreijrn  affairs  whether  there 
was  any  truth  in  the  statement  that  the  Canadian  Government  is  negotiating  for  the 
])urcha"sc  of  armed  cruisers  for  the  purpose  of  enforcing  the  Anglo- American  Fisheries 
Convention  of  1818,  as  interpreted  by  the  Dominiou  Government ;  and,  if  so,  whether 
the  proposed  proceedings  have  the  sanction  of  Her  Majesty's  Government. 

Sir  J.  Fekgusson.  I  only  saw  the  question  on  entering  the  House,  and  I  beg  to  sub- 
mit to  the  House  that  a  somewhat  longer  notice  of  such  questions  should  be  given  than 
even  one  night.  |  Hear!]  No  information  on  the  subject  has  reached  the  foreign 
ofiQce,  and  tbo  secretary  of  state  for  the  colonies  informs  me  that  ho  has  not  heard  of 
it.  I  may  add  that  the  purchase  of  cruisers  '.  j,  matter  within  the  disoretiou  of  the 
Canadian  GoVeruuiout.    (From  the  Times,  March  23,  18'J7.) 


No.  315. 


Mr.  White  to  Mr.  Bayard. 


Ko.  475.] 


Legation  of  the  United  States, 
London,  March  i%  1887.    (Received  April  5.) 

Sir  :  I  bave  the  honor  to  inclose  herewith  two  printed  copies  of  a 
note*  which  I  have  received  from  the  Marquis  of  Salisbury,  in  reply  to 
tlie  i)roposals  tor  a  modus  vivendi,  contained  in  your  instruction  num- 
bered 459,  of  November  12  last,  to  Mr.  Phelps. 
1  have,  etc., 

Henr/  White. 


No.  316. 

Mr.  White  to  Mr.  Bayard. 

No.  478.]  _    Legation  op  ihe  United  States, 

Jjondon,  March  30,  1887.  (Ueceived  April  11.) 
Sir  :  Referring  to  my  dispatch  numbered  475,  of  March  26, 1  bave 
the  honor  to  inclose  herewith  the  copy  of  a  note  which  I  received  yes- 
terday from  the  Marquis  of  Salisbury,  adding  a  clause  to  the  observa- 
tions on  Article  III  of  your  proposal  for  a  :  \odti8  Vivendi^  which  formed 
a  part  of  inclosure  No.  2  to  his  lordship's  note  of  the  24th  instant,  in 
reference  to  the  Canadian  fisheries. 

I  have  the  honor  also  to  inclose  herewith  four  copies  of  the  note  in 
question,  corrected  as  above,  and  I  beg  to  add  that  I  have  marked  the 
newly  inserted  clause  at  page  No.  10  of  the  same. 
I  bave,  etc.. 

Henry  White. 


•  Printed  as  amended  by  Mr.  *Vhite'B,  No.  478,  p.  469,  i^fra. 


46 


THE    FISHEIilES    QUESTION. 


i!  :, 


i 


[Inclosuru  1  in  Ko.  478.] 
The  Marquin  of  iSalinbury  to  Mr.  Jfhite. 

FonEiGN  Office,  March  24,  1887. 

Rin :  In  a  unto  of  tho  3(1  Docembrr  lust,  addroHsod  to  my  inodocossor,  Mr.  i'liolps 
wiiM  ;;o(»d  i'.ii(>iijj;h  to  truii.smit  a  copy  of  a  diHixitch  I'roiii  Mr.  JJiiyard,  diiloil  tho  15th 
of  tlio  (Hocedinj?  month,  tofjcthor  wiMi  an  out  lino  of  a  proposed  ad  interim  arrango- 
mutit  "  for  tho  Nottlonicnt  :if  all  (|ncHtionH  in  dispute  iurulakiou  to  the  li^thorioH  on  the 
northoastiTU  coasts  of  British  North  Amorica." 

Her  Majesty's  Govcnniient  have  ^iven  their  most  cnroful  consideration  to  that  com- 
munication, and  it  has  also  received  tho  fullest  examination  at  the  hands  of  the  Ca- 
nadian Government,  wlio  entirely  share  the  satisfaction  felt  by  Her  Majesty's  Gov- 
ernment at  any  iudication  ou  tint  part  of  that  of  the  (Juitud  States  of  a  disposition  to 
make  arrangements  which  might  tend  to  put  tho  affairs  of  tiie  two  countries  ou  a 
basis  more  Ireo  from  controversy  and  misumlerstanding  than  itufortunatoly  oxism  at 
present.  Tho  Canadian  Qovernmont,  however,  deprecate  several  passages  in  Mr. 
Bayard's  dispatch  which  attribute  unfriendly  motives  to  their  proceedings,  and  in 
which  tho  character  and  scope  of  the  measures  they  have  taken  to  enforce  tho  toruis 
of  the  convention  of  1818  are,  as  they  believe,  entirely  misapprehended. 

Thoy  insist  that  nothing  has  been  done  ou  tho  part  of  the  Canadian  authorities 
since  tho  t(>rmiuaf  ion  of  tho  Treaty  of  Washington  iu  any  such  spirit  as  that  which 
Mr.  Bayard  condemns,  and  that  all  that  haa  been  done  with  a  view  to  the  protection 
of  the  Canadian  fisherk's  ha '  been  simidy  for  the  purpose  of  guarding  tho  riglits 
guaranteed  to  the  ]>eople  of  Canada  by  the  convention  of  1818,  and  of  enforcing  tiiu 
statutes  of  Great  iiritaiu  and  of  Canada  iu  relation  to  the  fisheries.  They  maintain 
that  such  statutes  are  clearly  within  the  powers  of  tho  respective  i'arliaments  by 
which  they  were  passed,  and  are  iu  conformity  with  the  convention  of  1818,  espe- 
cially iu  view  of  the  itassage  of  the  convention  Avhich  provides  that  the  American 
fishermen  shall  bo  under  such  restrictious  as  shall  be  necessary  to  prevent  them  from 
abusing  the  privileges  thereby  reserved  to  them. 

There  is  a  passage  in  Mr.  Bayard's  dispatch  to  which  they  have  particularly  called 
the  attention  of  Her  Majesty's  Government.     It  is  the  following: 

"Tho  numerous  seizures  made  have  beeu  of  v^issels  (piietly  at  anchor  in  established 
ports  of  entry,  uuder  charges  which  up  to  this  day  have  not  been  particularized  suf- 
ficiently t<^)  allow  of  intelligent  defense;  not  one  lias  been  condemned  after  trial  and 
hearing,  but  many  have  been  fined,  without  hearing  or  judgment,  for  technical  vio- 
lation or  alleged  commercial  regulations,  although  all  commercial  privileges  have 
beeu  simultaneously  denied  to  them." 

In  relation  to  this  paragraph  tho  Canadian  Government  observe  that  the  seizures 
of  which  Mr.  Bayard  complains  have  been  made  upon  grounds  which  have  been  dis- 
tinctly and  unequiv  cally  stated  in  every  case;  that,  although  tho  nature  of  tho 
charges  has  been  11  ariably  specified  and  duly  aunouuced,  those  charges  have  not  Iu 
any  case  been  answered;  that  ample  opportunity  has  in  every  case  been  att'orded  for 
a  defense  to  be  submitted  to  the  executive  authorities,  but  that  no  defense  has  beeu 
ofttied  beyond  the  mere  denial  of  the  right  of  the  Canadian  Government ;  that  the 
courts  of  the  various  provinces  have  been  open  to  tho  parties  said  to  have  been  ag- 
grieved, but  that  not  one  of  them  has  resorted  to  those  courts  for  redress.  To  this  it 
18  added  that  tho  illegal  acts  which  are  characterized  by  Mr.  Bayard  as  "technical 
violations  of  alleged  conmiercial  roguL-vtions,"  involved  breaches,  in  most  of  the  cases 
not  denied  by  tho  persons  who  had  committed  them,  of  established  commercial  regu- 
lations which,  far  from  being  specially  directed  or  enforce.,  against  citizens  of  the 
United  States,  are  obligatory  upon  all  vessels  (including  those  of  Canada  herself) 
which  resort  to  the  harbors  of  tho  British  North  American  coast. 

I  have  thought  it  right,  injustice  to  the  Canadian  Government,  to  embody  in  this 
note  almost  in  their  own  terms  their  refutation  of  the  charges  brought  against  them 
by  Mr.  Bayard ;  but  I  would  prefer  not  to  dwell  on  this  part  of  tho  controversy,  but 
to  proceed  at  once  to  the  consideration  of  the  six  articles  of  Mr.  Bayard's  memoran- 
dum in  which  tho  proposals  of  your  Government  are  embodied. 

Mr.  Bavard  states  that  he  is  "  encouraged  in  tho  expectation  that  the  projjositions 
embodied  in  the  memoraadum  will  be  acceptable  to  Her  Majesty's  Government,  be- 
cause, in  tho  month  of  April,  1866,  Mr.  Seward,  then  Secretary  of  State,  sent  forward 
to  Mr.  Adams,  at  that  time  United  States  minister  in  London,  the  draft  of  a  protocol 
which,  in  substance,  coincides  with  the  first  article  of  the  proposal  now  submitted." 

Article  \  of  tho  memorandum  no  doubt  to  some  extent  resembles  the  draft  protocol 
submitted  in  1866  by  Mr.  Adams  to  Lord  Clarendon,  of  which  I  inclose  a  copy  for 
convenience  of  reference),  but  it  contains  some  important  departures  from  its  terms. 

Nevertheless,  tho  article  comprises  the  elements  of  a  possible  accord,  and  if  it  stood 
alone  I  have  little  doubt  that  it  might  be  so  modeled,  with  the  concurrence  of  your 
Qoverumout,  as  to  present  an  acceptable  basis  of  uegotiatiou  to  both  parties.    But, 


*'iii'i 


TEE    FISHtmiES    QUESTION. 


47 


trch  24,  1887, 
«)r,  Mr.  1* helps 
(lat.t'il  tho  luth 
iteriiii  firran^u- 
iishoriuH  uii  the 

oil  to  that  com- 
Liiilis  of  tho  Ca- 
M!ijt3sty's  Gov- 
i  disposition  to 
comitricH  uii  a 
latoly  oxisl*  at 
asHajj[OH  ill  Mr. 
'iMliiifjM,  and  ill 
orco  tho  tonus 
d. 

an  anthoi'itit!.s 
:  HH  that  which 
tho  protection 
in;;  tlio  rights 
■  enforcing  tiio 
I'hey  maintain 
;^ariiiiiiient8  l)y 
I  of  1818,  osi)i'- 
;  tlio  American 
'eut  theiu  from 

bicularly  called 

•  in  established 
bicnlarized  Hiif- 
after  trial  and 
technical  vio- 
riviloges  have 

it  tho  soizui'os 

ave  been  dis- 

natwre  of  tho 

es  have  uot  in 

en  afforded  for 

fense  has  been 

Mit ;  that  the 

lave  been  ag- 

2S8.     To  this  it 

19  "  technical 

)8t  of  tho  cases 

uierclal  regn- 

itizeus  of  tho 

uada  herself) 

mbody  in  this 

against  tlieiu 

itroversy,  but 

d's  memorau- 

B  prapositioiis 
irerumont,  bo- 
sent  forward 
of  a  protocol 
y  submitted." 
Iraft  protocol 
)se  a  copy  for 
oin  its  terms, 
md  if  it  stood 
rence  of  yonr 
artiea.    But, 


nnfortnnatoly,  it  is  followed  by  other  articles  which,  in  tho  view  of  Ilor  Majesty's 
Government  and  that  of  Canada,  would  give  rise  to  endless  anil  unprolitablo  discus- 
Hioii,  and  which,  if  retained,  would  be  I'atal  to  the  prospect  of  any  satisfactory  ar- 
rangement, inasmuch  as  they  appear  as  a  whole  to  be  based  on  tho  assumption  that 
upon  the  most  important  points  in  tho  controversy  the  views  entiirtaiued  by  Her 
Majesty's  Goverument  and  that  of  Canada  are  wrong,  and  those  of  tho  United  States 
Government  are  right,  and  to  imply  an  atlmission  by  Her  Majesty's  Government  and 
tli.it  of  Canada  that  such  assuniMtion  is  well  founded. 

1  should  extend  the  jiresent  note  to  an  undue  length  were  I  to  attempt  to  discuss 
ill  it  each  of  the  articles  of  Mr.  Hayard's  memorandum,  and  to  explain  the  grouuds 
(in  which  Her  Majesty's  Government  feel  compelled  to  take  exception  to  tliem.  I 
have  therefore  thought  it  nH)re  convenient  to  do  so  in  tho  form  of  a  counter-memo- 
randum, which  I  havo  the  honor  to  inclose,  and  in  which  will  be  found,  in  parallel 
ccilumns,  the  articles  of  Mr.  Bayard's  memorandum,  and  tho  observations  of  Her 
Miijesty's  Government  thereon. 

Alrhough,  as  you  will  perceive  on  a  perusal  of  those  observations,  the  proposal  of 
your  Government  as  it  now  stands  is  not  one  which  could  be  accepted  by  Her  Maj- 
esty's Goverument,  still  Her  Majesty's  Government  are  glad  to  think  that  the  fact  of 
Buiih  a  proposal  having  been  made  affords  an  opportunity  which,  up  to  tlio  present 
time,  had  not  beeu  offered  for  an  amicable  comparison  of  the  views  entertained  by 
the  respective  Governments. 

Tiio  main  priuci|do  of  that  proposal  Is  that  a  mixed  commission  should  be  appointed 
for  the  purpose  of  determining  the  limits  of  those  territorial  waters  within  whicli, 
siiliject  to  the  stipulations  of  the  convention  of  1818,  the  exclnsive  right  of  lishiiig 
belongs  to  Groat  liritain. 

llt:r  Majesty's  Government  cordially  agree  with  your  Government  in  believing  that 
adi'termination  of  these  limits  would,  whatever  may  be  the  future  commercial  rela- 
tions between  Canada  and  tho  United  States,  either  in  respect  of  the  tishing  industry 
or  in  regard  to  tho  interchange  of  other  commodities,  be  extremely  desirable,  and 
tiny  will  bo  found  ready  to  co-operate  with  your  Government  in  etFeotiug  such  a  set- 
tlement. 

They  are  of  opinion  that  Mr.  Bayard  was  justified  in  reverting  to  tho  precedent 
alVoided  by  the  negotiations  which  took  place  upon  this  subject  between  Great  Brit- 
ain and  tho  United  States  after  the  expiration  of  the  reciprocity  treaty  of  1854,  and 
they  concur  with  him  in  believing  that  the  draft  protocol  communicated  by  Mr. 
Ailains  in  186G  to  tli<3  Earl  of  Clarendon  affords  a  valuable  indication  of  the  lines  upon 
which  a  negotiation  directed  to  tho  same  points  might  now  bo  allowed  to  proceed. 

Mr.  Bayard  has  himself  pointed  out  that  its  concluding  paragraph,  to  which  Lord 
Cliirendou  emphatically  objected,  is  not  contained  in  the  first  article  of  the  memoran- 
dum now  forwarded  by  him ;  but  he  appears  to  have  lost  sight  of  the  fact  that  the 
remaining  articles  of  that  memorandum  contain  stipulations  not  less  open  to  objection, 
and  calculated  to  affect  even  more  disadvantageously  the  permanent  interests  of  the 
Dominion  in  ttie  fisheries  adjacent  to  its  coasts. 

There  can  be  no  objection  on  the  part  of  Her  Majesty's  Government  to  the  appoint- 
ment of  a  mixed  commission,  whose  duty  it  would  be  to  consider  and  report  upon  the 
matters  referred  to  in  the  three  first  articles  of  the  draft  protocol  communicated  to 
the  Earl  of  Clarendon  jy  Mr.  Adams  in  1866. 

Should  a  commission  instructed  to  deal  with  these  subjects  be  appointed  at  an  early 
date,  tho  result  of  its  investigations  might  be  reported  to  the  Governments  affected 
without  much  loss  of  time.  Pending  the  termination  of  the  questions  which  it  would 
discuss,  it  would  be  indispensable  that  United  States  fishing  vessels  entering  Cana- 
dian bays  and  harbors  should  govern  themselves  not  only  according  to  the  terms  of 
the  convention  of  1818,  but  by  the  regulations  to  which  they,  in  common  with  other 
vessels,  are  subject  while  within  such  waters. 

Her  Majesty's  Government,  however,  have  no  doubt  that  every  effort  will  he  made 
to  enforce  th6se  regulations  in  such  a  manner  as  to  cause  the  smallest  amount  of  in- 
convenience to  fishing  vessels  entering  Canadian  ports  under  stress  of  weather,  or  for 
any  other  legitimate  purpose. 

But  there  is  another  course  which  Her  Majesty's  Government  are  inclined  to  pro- 
pose, and  which,  in  their  opinion,  would  afford  a  temporary  solution  of  the  contro- 
versy equally  creditable  to  both  parties. 

Her  Majesty's  Government  have  never  been  informed  of  the  reasons  which  induced 
the  Government  of  tho  United  States  to  denounce  the  fishery  articles  of  the  treaty  of 
Washington,  but  they  have  understood  that  the  adoption  of  that  course  was  in  a 
great  degree  tlio  result  of  a  feeling  of  disappointment  at  tho  Halifax  award,  under 
which  the  United  States  were  caiied  upon  to  pay  the  sum  of  1,100,0001.,  beini;  the  es- 
timated value  of  tlifl  benefits  which  would  accrue  to  them,  in  excess  of  those  which 
would  be  derived  by  Canada  and  Newfoundland  from  the  operation  of  the  fishery 
articles  of  the  treaty. 

Her  Majesty's  Government  and  the  Government  of  Canada,  in  proof  of  their  earnest 
desire  to  treat  the  question  in  a  spirit  of  liberality  and  friendship,  are  now  willing  to 


48 


THE    l'l!sni:UlES    (^ilKSTION. 


rovert  for  Mio  coming  fiHliing  oeaHon,  and,  if  nonesHftry,  for  a  fiirfliorterm,  to  the  con- 
dition of  tliin^H  existing  under  the  treaty  of  Washington,  witlioiit  any  suggestion  of 
pi'cnniary  indemnity. 

ThiH  l»a  propOHal  which,  I  trust,  will  conniumd  itwclf  to  yoiirnovernnicnt  nHliciii;^ 
baHod  on  that  spirit  of  genorottity  and  good  will  which  should  aiiiuiato  two  great  and 
kindred  nations,  whose  coinmuu  origin,  language,  audiustltutiouocouMtituto  as  many 
bouds  of  amity  and  concord. 
I  huvo,  etc., 

Balisbuut. 


'4' 


[Tnclosnre  2  in  No.  478.] 
Drajv protocol  communicaletl  hij  Mr.  Adama  to  the  Earl  of  Clarendon  in  18C(k 

Whereas  in  the  first  article  of  the  convention  between  the  United  States  and  Orent 
IJritain,  concluded  and  signed  in  London  ou  the  'iOth  October,  181H,  it  was  declared 
that  — 

"The  United  States  hereby  renounce,  for  over,  any  liberty  heretofore  enjoyed  or 
claimed  by  the  inhabitants  thereof  to  take,  dry,  or  cur<>  fish  on  or  within  '.i  mariiiu 
miles  of  any  of  the  coasts,  bays,  creeks,  or  hitrbors  of  Ills  Uritannic  Majesty's  do- 
minions in  America,  not  included  within  cc^rtain  limits  lieietoforo  mentioned  ;" 

And  whereas  dirt'er(>nce8  have  arisen  in  regard  to  the  extent  of  the  above-mentioned 
renunciation,  the  Government  of  the  United  States  an<l  Her  Mnjesty  the  Queen  ot 
Great  Britain,  being  equally  desirous  of  avoiding  further  miNnnderstiiiiding,  have 
agreed  to  appoint,  and  »io  heieby  authorize  the  appointment,  of  a  mixed  commissiou 
for  the  following  purposes,  nnnujiy  : 

(1)  To  agiee  upon  and  define,  by  a  series  of  lines,  the  Hunts  which  shall  separate 
the  exclusive  from  the  comnu)U  right  of  linliery,  on  the  coasts  and  in  the  sens  adjacent, 
of  the  British  North  American  colonies,  in  conformity  with  the  first  article  of  the 
convention  of  1818.  The  said  lines  to  bo  regularly  numbered,  duly  described,  and 
also  clearly  marked  on  charts  pre[)ared  in  duplicate  for  the  purpose. 

(2)  To  agree  upon  and  establish  such  regulations  as  may  be  necessary  and  proper  to 
secure  to  the  fishermen  of  the  United  States'tlie  privilege  of  entering  bays  and  har- 
bors for  the  i>urpose  of  shelter;  and  of  repairing  damages  therein ;  of  purchasing 
wood,  ami  of  obtaining  water;  and  to  agreti  upon  and  establish  such  restrictions  iis 
may  be  necessary  to  prevent  the  abuse  of  the  privilege  reserved  by  said  convention 
to  fishermen  of  the  United  States. 

(;i)  To  agree  upon  and  recommeiul  the  penalties  to  be  adjudged,  and  such  proceed- 
ings and  jurisdiction  as  may  be  necessary  to  secure  a  sitccdy  trial  and  jiidgnunit  with 
as  little  expense  as  possible,  for  the  violation  of  rights  and  the  transgression  of  the 
limits  and  restrictions  whicli  may  be  hereby  adopted. 

Provided,  however,  that  the  limits,  restrictions,  and  regulations  which  may  be 
agreed  upon  by  the  said  commission  shall  not  be  final,  nor  have  any  ettect,  until  so 
jointly  confirmed  and  declared  by  the  United  States  and  Her  Miijesty  the  Queen  of 
Great  Britain,  either  by  treaty  or  by  laws  mutually  acknowledged  and  accepted  by 
the  President  of  the  United  States,  by  and  with  the  consent  of  the  Senate,  and  by 
Her  Majesty  the  Queen  of  Great  Britain. 

Pending  a  different  arrangement  on  the  subject,  the  United  States  Government 
engages  to  give  all  proper  orders  to  officers  in  its  employment ;  and  Her  Britannic 
Majesty's  Government  engages  to  instruct  the  proper  coloni.al  or  other  British  officers 
to  ahstaiu  from  hostile  acts  against  British  and  United  States  fishermen  respectively. 


[Inclo8ure  3  in  No.  478.1 
interimmrrangement proposed  by  the  United  States  Governmen>,. 


Article  I. 


Observations  on  Mr.  Bayard's  memorandum. 


Whereas,  in  the  first  article  of  the  con- 
vention between  the  United  States  and 
Great  Britain,  concluded  and  signed  in 
London  on  the  20th  October,  1818,  it  was 
agreed  between  the  high  contracting 
parties  "that  the  inhabitants  of  the  said 
United  States  sliall  liave  forever,  iu  com- 


The  most  important  departure  in  this 
article  from  the  Protocol  of  1866  is  the  in- 
terpolation of  the  stipulation,  "  that  the 
bays  and  harbors  from  which  Americau 
vessels  are  in  future  to  be  excluded,  save 
for  the  purposes  for  which  entrance  into 
bays  and  harbors  is  permitted  by  said 


THE    FI8HERIi:S    l^lTEaTION. 


49 


Salisduut. 


vliicli  limy  be 
fleet,  until  80 

tlio  Queen  of 
il  accepted  by 

uatc,  and  by 


memorandum. 


mon  witli  tho  Bnbjcots  of  His  Britannic 
MiijtMty,  tilt)  liberty  to  take  Tmh  of  every 
kind  oil  that  part  of  the  southern  coast  of 
Newfoiindhuid  which  oxtondw  from  Capo 
KiiV  to  the  Kan'  an  IshindH,  on  tlio  wcHt- 
crn  and  uortliern  coast  of  Newfoundliiiid, 
fiiPin  tlie  Hiiid  Capo  Kay  to  tho  Quiipou 
IslaiulH,  (III  the  shores  of  tho  Majjdalen  Isl- 
ttiidH,  and  also  on  the  coasts,  bays,  har- 
bors, and  creeks,  from  Mount  Joly  on  tho 
Boiitliirri  coast  of  Labrador,  to  and 
IIhoiikU  tbo  Straits  of  IJtjIleisle,  and 
thence  iu>rtli\vardly  indeiinitely  along  tho 
coaHt,  without  pr-judice,  however,  to  any 
of  the  exclusive  rights  of  the  Hudson's 
Hay  Company;  and  that  tho  American 
iisliL'iini'ii  shall  also  have  liberty  forever 
to  dry  and  cure  fish  in  any  of  the  unsettled 
bays,  harbors,  and  creeks  of  the  southeru 
part  of  tho  coast  of  Newfoundland,  hero 
aliove  described,  and  of  tho  coast  of  Lab- 
rador; but  so  soon  as  the  same,  or  any 
portion  thereof,  shall  be  settled,  it  sball 
not  be  lawful  for  the  said  fishermen  to  dry 
or  cure  dub  at  such  portion  so  settled  with- 
out previous  agreement  for  such  purpose 
witiitlie  iiduibitants,  proprietors,  orjios- 
Ke.-s(ii.s  of  the  ground ; "  and  was  declared 
that  "tho  United  States  hereby  renounco 
forever  any  liberty  heretofore  enjoyed  or 
claiiiii'il  hy  tho  inhabitants  thereof  to 
take,  dry,  or  cure  fish  on  or  within  '.{  nia- 
liiio  miles  of  any  of  the  coasts,  bays, 
creeks,  or  harbors  of  Ills  Britannic  Maj- 
esty's ilmninions  iu  America  not  included* 
williin  the  above-mentioned  limits:  Pro- 
ridtd,  howcrer,  That  tho  American  fisher- 
iiieii  shall  bo  admitted  to  enter  such  bays 
or  liarliors  for  the  purpose  of  shelter,  and 
of  repairing  damages  therein,  of  pnrchas- 
iiii;  wcKiil,  and  obtaining  water,  and  foruo 
otiicr  purpose  whatever.  But  they  shall 
beiiiMler  such  restrictions  as  may  be  nec- 
essary to  jiveveiit  their  taking,  drying, 
or  curing  lish  therein,  or  in  any  other 
iiiiiiiiier  whatever  abusing  tho  privileges 
liereliy  reserved  to  them  ;  "  ami  whereas 
(liirercnceshavo  arisen  in  r<gard  totheex- 
teiit  of  the  above-mentioned  reuuncia- 
tioii,  tliotioveriiiiieiitof  the  United  States 
and  Her  Majesty  the  Queen  of  Great  Brit- 
ain, btriiig  equally  desirous  of  avoiding 
fiirlher  misunderstanding,  agree  to  ap- 
poiut  a  mixed  comiiiissiou  for  the  follow- 
ing jiurposes,  namely : 

(1)  To  agree  upon  and  establish  by  a 
scries  of  lines  the  limits  which  shall  sepa- 
rate the  exclusive  from  the  common  right 
of  fitihingon  the  coast  and  in  tlie  adjacent 
waters  of  the  British  North  American 
Colonies,  in  conformity  with  the  first 
article  of  the  convention  of  1818,  except 
tliat  tho  bays  and  harbors  from  which 
American  fishermen  arc  in  the  future  to  be 
excluded,  save  for  the  purposes  for  which 
entrance  into  bays  and  harbors  is  per- 
mitted by  said  article,  are  hereby  agreed 
to  be  taken  to  be  such  bays  and  harbors 
as  are  10  or  less  than  10  miles  in  width, 
and  tho  distance  of  3  murine  miles  from 

S.  Ex.  113 4 


article,  are  hereby  ap^rood  to  be  taken  to 
be  such  harbors  as  are  10,  or  less  than  10, 
miles  in  width,  and  tho  distance  of  \i  ma- 
rine miles  from  such  bays  and  harbors 
shall  bo  measured  from  a  straight  lino 
drawn  across  the  bay  o .  harbor  in  the  part 
nearest  the  entrance  at  tho  first  point 
where  tho  width  does  not  exceed  10 
miles." 

This  provision  would  i.ivolve  a  sur- 
render of  fishing  rights  which  have  al- 
ways been  regarded  as  the  exclnsive  prop- 
erty of  Canada,  and  would  niako  com- 
mon fishing-grounds  of  territorial  waters 
which,  by  the  law  of  nations,  have  been 
invariably  regarded  both  in  Great  Britain 
and  the  United  States  as  belonging  to  tho 
adjacent  country.  In  tho  case,  for  in- 
stance, of  the  Baiedes  Ckalenrs,  a  pecul- 
iarly well-marked  and  almost  land- 
locked indentation  of  the  Canadian  coast, 
the  10-milo  lino  would  be  drawn  from 
points  in  the  lieart  of  Canadian  territory, 
and  almost  70  miles  distance  frtnn  tho 
natural  entrance  or  mouth  of  the  bay. 
This  would  be  done  in  sjiite  of  the  fact 
that,  both  by  Imperial  legislation  and  by 
judicial  interp.^etation,  this  bay  has  been 
«leclaredto  form  a  part  of  *^he  territory  of 
Canada.  (S(  o  Imperial  Statute  14  and  1& 
Vict.,  cap.  (i:j;  and  Mouat  r.  McPhee,  5 
Snp.  Court  of  Canada  Reports,  p.  CC.) 

The  convention  with  France  in  1839, 
and  similar  conventions  wiii  other  Euro- 
pean Powers,  form  no  precedents  for  tho 
ailoptioii  of  a  10-mile  limit.  Those  con- 
ventions were  doubtless  passed  with  a 
view  to  the  geographical  peculiarities  of 
the  coast  to  which  they  related.  They 
had  for  their  object  the  definition  of 
boundary-lines  which,  owing  to  the  con- 
figuration of  the  coast,  perhai)s  could  not 
readilj'  be  settled  by  reference  to  the  law 
of  nations,  and  i  .volve  other  conditions 
which  are  inapplicable  to  the  territorial 
waters  of  Canada. 

This  is  shown  by  the  fact  that  in  the 
French  convention  the  whole  of  tho  oys- 
ter-beds in  Granville  Bay ,otherwise called 
the  Bay  of  Cancale,  the  entrance  of  which 
exceeds  10  miles  in  width,  were  regarded 
as  French,  and  the  enjoyment  of  them  is 
reserved  to  the  local  fishermen. 

A  reference  to  the  action  of  the  United 
States  Government,  and  to  the  admission 
made  by  their  statesmen  in  regard  to  bays 
on  the  American  coasts,  stre«gthen8  this 
view;  and  the  case  of  the  English  ship 
('•range  shows  that  the  Government  of  tho 
United  States  in  1793  claimed  Delaware 
Bay  as  being  within  territorial  waters. 

lilr.  Bayard  contends  that  the  rule 
which  he  asks  to  have  set  up  was  adopted 
by  tLu  umpire  of  the  commission  ap- 
jiointed  under  the  convention  of  1853  in 
the  ca«e  of  the  United  States  fishing- 
schooner  Washington  that  it  was  by 
him  applied  to  the  Bay  of  Fundy,  and 
that  it  is  for  this  reason  applicable  to 
other  Canadian  bays. 


50 


THE    FI8HKR1E8   QUESTION. 


■'Ml  ii 


V  iW, 


m 


•nch  baynmicl  liarl)orR  slinll  lio  inoiisiinMl 
from  a  Htriiinlit  lino  drawn  acrcHs  Mm  hay 
or  harbor,  ill  thi*i>art  iirarcMt  tht<<Mitraiuf, 
at  the  llrst  jioiiit  whoro  ;lu«  width  (h>i« 
not  cxccud  10  inil<'H,  tlio  Haid  liiicH  to  ho 
rfjj;iilarly  immlu'rt'd,  <liily  dcHcrilxsd,  and 
alHo  ch-arly  iiiariii-d  on  ihurtH prcparod  in 
duplicate  for  tliu  purixmo. 

{'■i)  T(»  a^rco  upon  and  «'HlahliHh  bticIi 
rt'j^nlalions  as  may  ho  nccesHary  and  prop- 
er to  BccMiro  to  tlio  lislM'rmi'n  of  tlio 
United  Slates  Iho  priviloj^o  of  enteriiif; 
hayHand  liarhorsfor  (lie  pnrpoHnofHliolter 
and  of  repairing  dania<;(^H  therein,  of  jtur- 
chaNing  wood,  and  of  ohtaining  water, 
anil  to  agree  upon  and  OHtahiiHli  auch  ro- 
BtrictionsaHinay  \m  necessary  to  luevent 
thttahuHoof  the  privilejjo  reserved  hy  said 
conveutiou  to  the  iiuhurmeu  of  the  United 
States. 

(;{)  To  ajjreo  upon  and  recommend  the 
penalties  to  he  adjudged,  and  such  ])ro- 
ceedings  and  jurisdiction  as  nuiybo nec- 
essary to  seeni«i  a  speedy  trial  and  jndg- 
nient,  with  as  little  expense  as  possible, 
for  tno  violators  of  rights  and  the  trans- 
gressors of  tlio  limits  and  restrictions 
which  may  bo  hereby  adopter! : 

Provided,  however,  That  the  limits,  ro- 
Btrictions,  a>!d  regulations  which  may  bo 
agreed  upon  by  the  said  commission  shall 
not  be  iinal,  nor  have  any  effect,  until  so 
Jointly  couiiruied  and  declared  by  the 
United  States  and  Her  Majesty  the  Queen 
of  Great  Britain,  either  by  treaty  or  by 
laws  mutually  acknowledged. 

Article  II. 

Pendingadofinitivoarrangomonton  tlio 
Bubjoct,  Her  Britannic  Majesty's  Govern- 
lueut  agree  to  instruct  the  proper  colonial 
and  other  British  ollicers  to  alistaiii  from 
seizing  or  molesting  fishing  vessels  of  the 
United  States  unless  they  are  found  with- 
in 3  uiarino  miles  of  any  of  the  coasts, 
bays,  creeks,  and  harborsof  Her  Britannic 
Majesty's  doiiiiiiions  in  America,  there 
lishing,  or  to  have  been  fishing  or  prepar- 
ing to  fish  within  those  limits,  not  in- 
cluded within  the  limits  within  which, 
under  the  treaty  of  1818,  the  iisherraen 
of  the  United  States  continue  to  retain 
a  common  right  of  fishery  with  Her  Bri- 
tannic Majesty's  subjects. 


Article  III. 

For  the  purpose  of  executing;  Article  I 
of  the  convention  of  1818,  the  Government 
of  the  United  States  and  the  Government 
of  Her  Bntannic  Majesty  hereby  agree  to 
send  each  to  the  Gulf  of  St.  Lawrence 
n  national  vessel,  and  also  one  each  to 
cruise  during  the  lishing  soasun  ou  the 


It  is  submittfld,  howovcir,  that  as  one  of 
llm  headlands  of  the  Buy  of  Fiintly  is  in 
the  territory  of  the  United  States  any 
rules  of  international  law  apiilicabln  to 
that  bay  are  not  therefon^  eiiually  appli- 
cable toother  bays  the  headlands  of  wnii^li 
are  both  within  the  territory  of  the  same 
power. 

The  second  paragraph  of  the  first  article 
does  not  )ncor|>orate  the  exact  langiiago 
of  tho  convention  of  1818.  For  instance, 
the  words,  "  and  for  no  other  purpose 
whatever,"  should  bo  inserted  after  tho 
mention  of  the  jturposes  for  which  vesseU 
may  enter  Co'iiadian  waters,  and  after  tlin 
words,  "as  may  be  necessary  to  prevent," 
shoiihl  beinsorted,  "  their  taking,  drying, 
or  curing  fish  therein,  or  in  any  other  man- 
ner abusing  the  privileges  reserved,"  etc. 

To  make  the  language  conform  correctly 
to  tlie  convention  of  1818,  several  other 
verbal  alterations,  which  need  not  bo 
enumerated  herO;  would  bo  necessary. 


This  article  wonld  Hnspond  tho  opera- 
tion of  the  statutes  of  Great  Britain  and 
of  Canada,  and  of  tho  provinces  now  con- 
stituting Canada,  not  only  as  to  the  va- 
rious oliensea  connected  with  fishing, 
but  as  to  customs,  harbors,  and  shipping, 
and  would  give  to  the  fishing  vessels  of 
tho  United  States  jirivilcges  in  Canadian 
ports  which  are  not  enjoyed  by  vessels  of 
any  other  class  or  of  any  other  nation. 
Such  vessels  would,  for  example,  be  free 
Irom  tho  duty  of  reporting  at  tho  custonm 
on  entering  a  Canadian  harbor,  and  no 
safeguard  could  be  adopted  to  prevent  in- 
fraction of  the  customs  laws  by  any  vessel 
asserting  the  diaracter  of  a  fishing  vessel 
of  tho  ifiiited  States. 

Instead  of  allowing  to  such  vessels 
merely  the  restricted  privileges  reserved 
by  tho  convention  of  1818,  it  would  gi.o 
them  greater  privileges  than  are  enjoyed 
at  the  present  time  by  any  vessels  in  any 
part  of  the  world. 

This  artl'ilo  would  deprive  the  courts  in 
Canada  of  their  jurisdiction,  and  would 
vest  that  juiisdiction  in  a  tribunal  not 
bound  by  leyal  principles,  but  clothed 
with  supreme  authority  to  decide  on  most 
important  rignts  of  the  Canadian  people. 

It  would  submit  such  rights  to  the  ad- 


THE   FIflllERIES   QtlKSTION. 


51 


,  that  OB  ono  of 
of  Fiiiuly  it*  in 
c(l  HtivtPH  any 
r  upplicaltln  to 
1  «(iimlly  iippli- 

llllllltlH"fwllU.ll 

ary  of  the  Huuie 

tliofirHtiirticlo 

:xiiut  laiiK'tiiKU 

For  iimtiinets 

otlmr  iHirpoNO 
lortod  niter  tho 
)r  which  vchhuIh 
PH,  jiiiil  after  tlio 
my  to  prevent," 
■taltinK.dryln;,', 
iftuyotlicrniiin- 
s  ri'Hcrvod,"  etc, 
inform  correctly 
r*,  Heveral  otlior 
h  need  not  bo 
JO  uecessary. 


ipcnd  the  opnra- 
•oat  liritfiin  and 
DvinccH  nowcon- 
jly  as  to  the  va- 
|d   with    fishing, 
-a,  and  shipping, 
ishing  vessels  of 
[gos  in  Canadian 
^ed  by  vessels  of 
ly  other  nation, 
jxaniplo,  bo  free 
ig  at  tlu)  customs 
I  harbor,  and  no 
led  to  prevent  in- 
Iws  by  any  vessel 
[f  a  fishing  vessel 

to  snch  -vessels 
alleges  reserved 
[8,  it  would  gi'.o 
\han  are  enjoyed 
ly  vessels  in  any 


Hve  the  courts  in 
(tion,  and  wonld 
a  tribunal  not 
lies,  but  clothed 
Eodecidoonniost 
Canadian  people. 
|jght»  to  the  ad' 


gontliorn  roaflts  of  Nova  Rootla.  When- 
ever a  liHhing  vessel  of  the  United  Htates 
hIihII  bo  seize  I  for  violating  the  provisions 
„l  the  iil'iiresikid  conventioM  by  fishing  or 
iireiiiiring  to  lish  within  it  niurip.e  miles  of 
any  (if  the  eoastn,  bays,  «rreoks,  and  hiir- 
imt'sof  ller  llriliinnie  Miijesty'sdoniinions 
inthnleil  witiiin  the  limits  within  which 
li.sliing  is  by  the  terms  of  the  siild  conven- 
tion renouncetl,  n\wh  vessel  shall  f<irth- 
with  lie  reported  to  the  tiilleer  in  edmmtmd 
oft,  'o  of  the  said  national  vessels,  who, 
ill  eiinjunetion  with  tl.e  olllcer  in  com- 
iiiiiud  iif  another  «>f  said  vessels  of  dilfer- 
eiit  nationality,  shall  bear  and  examine 
into  the  facts  of  the  ease,  .Should  the 
Naid  ('iiinnuinding  oI]||<^(M's  be  of  (>pini(Mi 
tliat  the  charge  is  not  sustained,  the  ves- 
sel shall  be  released,  lint  if  they  should 
be  (if  opinion  that  the  vesstd  should 
bi)  snlijected  to  a  judi(Mal  examination, 
Huu  shall  forthwith  be  sent  for  trial  be- 
l^iiretho  vice-admiralty  court  at  Halifax. 
If,  however,  the  said  commanding  ofhciirs 
should  (litter  in  oiiinion,  tlu^y  shall  name 
some  third  persoi:  to  act  au  umpire  be- 
tween them,  and  si.<.Mild  they  be  unable 
to  agree  n|ion  the  name  of  such  third  per- 
son, they  shall  each  nannt  a  person,  and 
it  sluill  be  det(!riniiied  by  lot  which  of  the 
two  persons  so  named  shall  be  the  um- 
pire. 


Article  IV. 

1  ho  fishing  rossels  of  the  United  States 
shall  have  in  the  established  ports  of  entry 
of  Her  Hritannio  Majesty's  dominions  in 
America  the  same  commercial  privileges 
as  other  vessels  of  the  United  States,  in- 
cluding the  purchase  of  bait  and  other 
siipiilies;  and  such  privileges  shall  be  ex- 
ercised subject  to  the  same  rules  and  regu- 
lations and  payment  of  the  same  port 
charges  as  are  prescribed  for  other  vessels 
of  the  United  Btatoa. 


Ahticlb  v. 

The  Government  of  Iler  Britannic  Maj- 
esty agree  to  release  all  United  States 
fishing  vessels  now  under  seizure  for  fail- 
ing to  report  at  custom-houses  when  soek- 
iug  shelter,  repairs,  or  supplies,  and  to  re- 
fund all  fines  exacted  for  such  failure  to 
report.  And  the  high  contracting  parties 
agree  to  appoint  a  joint  comiaisoiou  to  as- 


judicatioM  of  two  naval  oiHeora,  one  of 
themb(!longingloa  fondgn  country,  who, 
if  they  should  disagn^*'  and  be  unabh«  to 
(^lioose  an  umpire,  must  refer  the  final 
d(M'.lsion  of  the  great  interests  which 
might  be  at  stake  to  some  person  chosen 
by  lot. 

If  a  vessel  charged  with  infraction  of 
Canadian  fishing  rightsshoiild  bethought 
worthy  of  being  snlijected  to  a  "Judicial 
examination,"  she  would  be  sent  to  the 
vice-admiralty  court  at  Halifax,  butthere 
would  bo  iio  redress,  no  appeal,  and  no 
reference  to  any  tribunal  if  the  naval 
olH(;ers  should  think  proper  to  release  luT. 

It  sliould,  how<;ver,  be  observed  that 
the  limitation  in  the  second  senteiuu)  of 
this  article  of  the  violations  of  the  con- 
vention which  are  to  render  a  vessel  liable 
to  seizure  could  not  be  accepted  by  Iler 
Majt*sty's  Oovernnient. 

For  tlutse  reasons,  tint  article  in  tin;  form 
]>roposed  is  inadmissible,  but  Iler  Maj- 
esty's Government  are  not  indisposed  to 
agree  to  the  princi]ilo  of  a  joint  in(|nii'y 
by  the  naval  otllcers  of  the  two  countrien 
in  the  first  instance,  tln^  vessel  to  be  sent; 
for  trial  at  Halifax  if  the  naval  ollicers  do 
not  agree  that  she  should  be  relea.sed. 
They  fear,  however,  that  there  would  bo 
seriou.s  ]iractical  ditiicultics  in  giving  ef- 
tect  to  this  arrangement,  owing  to  the 
great  length  of  coast  and  tlie  delays  which 
must  in  consequence  bo  fretpient  in  secur- 
ing the  yiresence  at  the  same  time  and 
place  of  the  ujval  officers  of  both  Powers. 

This  article  is  also  open  to  grave  objec- 
tion. It  proposes  to  give  the  United 
States  fishing  vessels  the  same  commer- 
cial jirivileges  as  those  to  which  other 
vessels  of  the  United  States  are  entitled, 
although  such  privileges  are  oxjiressly  re- 
nounced by  the  convention  of  1H18  on 
behalf  of  fishing  vessels,  which  were 
thereafter  to  bo  (lonied  the  right  of  access 
to  Canadian  waters  for  any  purpose  what- 
ever, except  those  of  shelter,  repairs,  au  1 
the  purchase  of  wood  and  water.  It  has 
fretjuently  been  iioiutod  out  that  an  at- 
tempt was  made,  during  the  negotiations 
which  jireceded  the  convention  of  1818,  to 
obtain  for  the  fishermen  of  the  United 
States  the  right  of  obtaining  bait  in 
Canadian  waters,  and  that  this  attempt 
was  successfully  resisted.  luspiteof  this 
fact,  it  is  proposed,  under  this  article,  to 
declare  that  the  convention  of  1818  gave 
that  privilege,  as  well  as  the  jirivilege  of 
imrchnsing  other  supplies  in  the  harbors 
of  the  Domiuiou. 

By  this  article  it  is  proposed  to  give 
retrospective  ettect  to  the  unjustified  in- 
terpretation sought  to  be  placed  on  the 
convention  by  the  last  preceding  article. 

It  is  assumed,  without  discussion,  that 
all  United  States  fishing  vessels  which 
have  been  seized  since  the  expiration  of 
t>li9  treaty  vi  Washin^toa  tav9  heew 


52 


THE   FISFEKTES   QUESTION. 


certain  the  amount  of  damage  caused  to 
American  fishermen  during  tlie  year  1886 
by  seizure  and  detention  in  violation  of 
the  treaty  of  1818,  said  commission  to 
malie  awards  therefor  to  the  parties  in- 
jured. 

AUTICLE  VI. 

The  'Jovernment  of  the  United  States 
and  the  Government  of  Her  Britannic 
;"  ijestj  agree  to  give  concurrent  notifica- 
tion and  warning  of  Canadian  customs 
regulations,  and  tlie  United  States  agree 
to  admonish  its  fishermen  to  comply  with 
them  aud  co-oporato  in  securing  their  en- 
forcomont. 


iliogally  BC'^jcd  leaving  as  tne  only 
question  still  open  for  consideration  the 
amount  of  the  damages  for  which  the 
Canadian  authorities  are  liable. 

Such  a  proposal  appears  to  Her  Maj- 
esty's Government  quite  inadmissible. 


This  article  calls  for  no  remark. 


t  I '  i 

ill  •;  1 1 


,  .  No.  317. 

'       ..  Mr.  Fhelps  to  Mr.  Bayard, 

No.  501.]  Li:gation  of  the  United  States, 

London,  April  22, 1887.  (Received  May  3.) 
SiE :  I  have  the  honor  to  inclose  herewith  two  copies  of  a  parliament- 
ary paper*  (United  States,  No.  2, 1887)  just  issued  by  the  British  Gov- 
ernment and  containing  further  correspondence  on  the  subject  of  the 
fisheries,  together  with  a  leading  article  from  the  Times  of  21st  instant 
in  reference  tliereto,  ai;d  the  correction  I  caused  to  be  inserted  in  to- 
day's issue  of  that  newspaper  of  one  of  its  statements. 
I  have,  etc., 

,      .       '  E.J.Phelps. 


Iluclosure  1  In  No.  501. -Fron.  tho  TiiniiS,  Thursday,  April  21, 1887.1 

The  Canadian  fiNht<rios  question  is  not  finally  settled;  in  fact,  that  much  to  bo  do- 
sired  end  seems  far  off.  Tlie  further  oliiciiil  correspondence  published  yestordiiy  shows 
that  dii>lomacy  has  moved  witiiout  advancing  much.  Who  is  responsible  f  Not,  in 
the  niiiii),  either  the  Home  (rovernment  or  the  Dominion  Government.  We  must  do 
them  the  justice  to  own  tliat  they  have  not  been  exacting  or  punctilious.  The  former 
have  ui.ule  overtures  of  a  lair  iiiid  even  gd'erous  nature.  Their  fault,  if  any,  has 
been  one  not  unknown  in  negotiating  with  astuKi  uiplomatists  ;  they  have,  ])crhaps, 
uiulervaliicd  the  advantage  of  standing  still  aud  waiting  to  see  wlie,ther  the  otln^r 
side  moves  Lust  December  the  American  minister  communicated  to  Lord  Iddesleigh 
a  proposal  for  au  ad  interim  arrangement,  the  chief  featura  of  which  was  the  estab- 
lishnieut  of  a  mixed  commission  in  ordc  to  "separate  the  exclusive  from  the  common 
right  of  fishing  on  the  coasts  and  in  the  adjficent  waters  of  the  British  North  Amer- 
ican colo'iies;"  tlio  vexed  question  of  the  headlands  to  be  settled  by  laying  it  down 
that  the  bays  and  harbors  into  which  entrance  is  not  generally  permitted  are  "to  ho 
taken  to  be  such  bays  and  harbors  as  are  10  or  less  than  10  miles  in  width,  and  the  dis- 
tance of  li  marine  miles  from  such  bays  .and  harbors,  to  be  measured  from  a  straight 
line  drawn  ai^mss  tin*  bay  or  harbor  in  the  part  nearest  the  entrance  at  the  first  point 
where,  the  widlli  docs  not  exceed  10  miles."  The  (loinmissioners  would  al:«)  be  ein- 
powered  to  iiiaUn  regulations  to  secure  the  right  of  entry  of  tisheruien  of  the  United 
Stales  into  l»ays  and  harbors  for  the  purpose  of  snfi-ty  aud  the  like,  and  also  to  nnvko 
arraiig(Mncnts  lor  t lie  speedy  trial  of  oU'enders.  In  the  mean  time  no  seizures  would 
take  I'laee  ;  vessels  of  war  of  this  country  and  the  Uni:,e<l  States  would  act  as  police, 
aud  American  lisliing  vessels  would  have  the  same  commercial  privileges,  inchiding 
the.  pnrcli:tse  of  bait  and  otiii-r  supplies,  as  other  vessels  of  the  United  States.  This 
proposal  found  mo  favor  in  Canada  or  here.     Lord  Landsdowne's  advisors  poi"t«d  out 


*  This  |)a;)er  eo.'itains  the  correspondence  between  the  two  Govsvumefttq  which  has 
•also  been  published  by  the  Government  of  the  United  States, 


THE   FISHERIES   QUESTION. 


63 


IS  tue  only 
lideratioa  tho 
)r  which  the 
ible. 

to  Her  Maj- 
idmissible. 


Bmaik. 


'AXES, 
ed  May  3.) 
1  parliament- 
British  Gov- 
ubject  of  the 
f  21st  instant 
nserted  in  to- 


Phelps. 


1 

ranch  to  bo  cle- 
j-CHtofday  shows 
isi'.)le1f  Not,  in 
We  must  do 
[us.  Tlie  former 
lult,  if  any,  has 
'  have,  perhaps, 
iether  the  other 
jord  Iddesleiuli 

was  the  ostal)- 
[oiii  the  conunon 
Ish  North  Amer- 
1  laying  it  down 
It  tod  are  "to  he 
.th,  and  tho  dis- 
[froiu  a  stra'fjht 
It  the  first  point 

lid  al :«)  ho  eiii- 
lu  of  the  United 

nd  alsti  to  inako 
seizures  would 

[id  uct  as  police, 

leges,  iiiclndint? 

Ml  States.     This 

[sors  poirttjd  out 

jeut!}  which  haa 


that  it  was  open  to  serions  ohjeitions.  The  proposed  mode  of  measuring  bays  and 
harbors  and  the  suggested  3-inile  line  would  involve  an  abandonment  by  Canada 
of  exclusive  rights  which  are  indisputably  hers ;  for  example,  the  land-locked  Bale 
des  Chalours,  which  by  Imperial  statute  and  judicial  construction  has  been  declared 
to  bo  part  of  the  territory  of  Canada,  would  bo  dealt  with  as  if  it  were  part  of  the 
open  sea.  The  proposal  as  to  the  provisional  position  of  iisliing  vessels  is  e4<iivalent 
to  a  request  that  Canada  shonld  give  up  one  of  tho  e^ipress  benefits  of  the  treaty  of 
IdlH.  Lord  Salisbury  was  equally  unsparing  in  his  criticism  of  the  ad  interim  ])ro- 
posal.  As  ho  pointed  o'.?t,  Oiie  of  the  suggestions  was  to  "give  to  fisliing  vesseb  f  tho 
United  States  privileges  in  Canadian  ports  which  aro  not  enjoyed  by  vessels  wf  aay 
other  class  or  any  other  nation." 

But  very  wisely  too  much  has  not  been  made  of  these  objections.  The  matter  has 
not  ended  there.  The  sooner  this  question  is  settled  the  better  for  all  concerned,  ana 
the  Government  acted  properly  in  allowiuj;,  the  door  to  remain  ojieu.  "Her  Mnjesty's 
Coveuinient  and  the  Government  of  Canada,"  said  Lord  SaliHlniry  in  his  disiiateh  of 
March  5i4,  "in  proof  of  the  earnest  desire  to  ^Teat  the  question  in  a  spirit  of  liber- 
ality and  friendship,  are  now  willing  to  revert  for  the  coming  Iisliing  season,  and,  if 
r..;(;ossary,  for  a  further  term,  to  the  condition  of  things  existing  under  the  treaty  of 
\Va.shington,  without  any  suggestion  of  indemnity" — thai,  -s,  give  for  nothing  tor  a 
season  rights  for  which,  under  the  Halifax  award,  made  in  accordance  with  the  tishery 
articles  of  tho  treaty  of  Washington,  the  American  Governnifui,  were  called  upon  to 
pay  £1,100,000.  This  may  be  scarcely  business;  it  is  generous  almost  to  the  extent 
of  being  quixotic,  and  to  do  more  would  be  weakness.  We  are  slow  to  believe  that 
the  Arierican  Government  will  refuse  to  take  advantage  of  what  can  cost  tlieni  nothing 
to  accept.  Besides,  too,  the  English  Government  are  ready  to  fall  in  with  Mr.  Bayard's 
capital  proposal  for  the  appointment  of  a  mixed  commission.  As  to  Ihat  suggestion, 
which  was  urged  in  one  of  a  series  of  valuable  letters  on  this  subject  in  our  columns  on 
rebniaiy  19  last,  Lord  Salisbury  says;  "  There  can  be  no  objection  on  the  part  of  Her 
Majesty's  Government  to  the  appointment  of  a  mixed  coniniission,  whose  business  it 
woald  1)0  to  consider  and  report  upon  the  matters  referred  to  in  the  three  first  articles 
of  the  draft  protocol  communicated  to  the  Eai^  <if  Clarendon  by  Mr.  Adams  in  18(i(J." 
Some  sort  of  morfiis  Vivendi  could  surely  be  devised  by  a  well-ehoseu,  authoritative 
commission.  Unfortunately,  the  long'-.r  such  a  question  remains  open,  the  more  it 
loses  it;;  original  simplicity  iind  becomes  perple  ced  by  side  issues.  The  more  it  is  dis- 
cussed the  more  diplomatists  are  embarrasst  \  hy  propositions  to  which  they  or  their 
lirodecessors  stand  cominitred.  Insensibly  the  controversy  becomes  embittered,  and 
retaliation  is  talked  of.  We  find  but  too  many  illustrations  of  this  deterioration  in 
these  dispatches.  Perhaps  tho  absencj  of  an  equitable  tenqier  may  be  detected  in 
commnnications  from  tins  side  of  tho  Atlantic  and  from  the  Dominion.  We,  i)erhap8 
naturally,  are  more  struck  by  tho  acrimony  of  the  attacks  by  American  diplomatists 
ou  the  Canadian  Government,  In  the  very  first  communication  from  Mr.  IMieliis  to 
the lato  Lord  Iddesleigh  he  denounces,  as  "a  violation  of  tho  principles  of  natural 
justice  as  well  as  those  of  the  common  law,"  the  seizure  of  a  fishing  vessel  for  in- 
fringing the  treaty  of  1818  and  certain  custom-house  regulations.  Ho  is  ]iarticu- 
larly  angry  with  tho  requirement  by  Canadian  law  that  "  the  burden  of  jjroving 
tho  illegality  shall  be  on  tho  o\v  ner  or  claimant."  That  such  jirovisions  exist  in  al- 
most all  laws  against  smuggling  is  wholly  overlooked.  It  is  impossible  not  to  mark 
tLo  t'«'idency  to  look  at-  the  question  as  if  it  were  not  one  of  construction  of  the 
treaty  of  1818.  We  find  reiterated  complaints  that  "a  treaty  of  friendship"  is 
"tortured  into  a  means  of  offense,"  that  "existing  regulations  have  been  constiued 
with  a  technical  strictness  and  enforced  with  a  severity,  in  cases  of  inadvertent 
and  accidental  violation  where  no  harm  was  done,  which  is  both  anusual  and  nn- 
iicecssary."  The  House  of  Representatives  took  even  higher  ground,  and  the  Com- 
inittoe  on  Foreign  Affairs  reported  that  the  conduct  of  the  local  authorities  in 
Canadj.  "h.as  been  not  only  in  violation  of  treaty  stipulations  and  international 
comity,  but,  during  tho  fishing  season  just  passed,  has  been  inhuman,"  The  Com- 
mittee of  the  Senate  on  Foreign  Relations  reported  to  .mnch  the  same  effect.  "  It  is 
recommended,"  they  said  in  their :  oi)ort,  "  that  the  President  of  the  UnittMl  St.ites  bo 
invested  with  the  power,  and  that  it  be  mado  his  duty,  whenever  he  shall  be  satisfied 
that  unjust,  unfair,  or  unfriendly  conduct  is  practiced  by  the  British  Government  in  re- 
spect of  our  citizens  and  their  property  within  the  ports  or  waters  of  British  d(.iiiinioii8 
in  North  America  to  deny  to  the  subjects  of  that  Government  in  British  North  Amer- 
ica and  their  property,  or  to  any  class  of  them,  such  privileges  in  the  waters  and  ports 
of  fhe  United  States  as  he  may  think  properto  name,  and  to  suspend  in  resprct  of  srch 
vessels  or  classes  of  vessels,  or  such  property  or  classes'of  property  of  tlie  subjects  of 
ench  Government  the  right  of  entering  or  being  brought  within  the  waters  or  ports 
of  tho  United  States."  The  result  has  been  the  passing  of  the  retaliatory  bill  iiKro- 
(Incod  in  the  Senate,  which  requires  the  President,  when  satisfied  that  Amerienii  tish- 
ermen  have  been  deprivedofany  right,  or  unjustly  or  vexatJiously  treated,  to  retaliate 
with  like  rostrictioua.    l^is  develupniout  of  tho  controversy  does  not  bode  well  for 


54 


THE   FISHERIES   QUESTION. 


settlement.  Politicians,  jf  not  diplomati'ts,  have  lost  sight  of  the  originally  simple 
issne,  the  meaniug  of  a  lew  words.  But  we  do  not  despair  of  the  matter  being,  even 
at  this  stage,  amicably  arranged,  if  only  no  further  time  is  lost. 


[Inolosure  2  In  N«  501.— From  the  Times,  Friday,  April  22,  1887.] 
THE  CANADIAN  FISHERIES  QUESTION. 

We  regret  that  by  inadvertence  it  was  stated  in  the  Times  of  yesterday  'n  a  quo- 
tation from  an  oflicial  note  of  the  American  minister  to  Lord  aldesleigh,  dated 
Decembers,  1886,  tliat  Mr.  Phelps  denounced  '"tin!  seizure  of  a  fisibing  vessel  for  in- 
fringing the  treaty  of  1818  and  certain  custom-house  regtilations "  as  "a  violation 
of  the  principles  ot  abstract  justice,  as  well  as  those  of  the  common  law."  It  appears 
from  the  note  in  que.ition  that  this  language  referred,  not  to  a  seizure  of  a  lishing 
vessel,  but  to  a  provision  iu  the  act  of  the  Canadian  Parliament  of  May  22,  18fi8, 
which  in  legal  eflect  casts  upon  the  person  accused  of  an  offcuse  the  burden  of  prov- 
ing his  iniioceuco. 


No.  318. 


Mr^  Bayard  to  Mr.  Fhelps. 

No.  G25.]  Department  of  State, 

Washington,  May  23,  1887. 
SiE:  I  transmit  herewith  for  yonr  information  copies  of  recent  cor- 
respondence relative  to  the  case  of  the  Sarah  H.  Prior,  one  of  the  fish- 
ery cases. 

I  am,  etc., 

T.  F.  Bayard. 


[Tnclosuro  1  in  No.  625. 1 

'  Mr.  Prior  to  Mr,  Bayard. 

Boston,  May  13,  1887, 
Dear  Sir  :  I  received  the  inclosed  letter  to-day  and  thought  best  to  forward  it  to 
yon  for  your  perusal  and  advice.  It  is  iu  regard  to  the  seine  belonging  to  the 
schooner  Sarah  H.  Vrior.  The  seine  was  lost  olf  Malpeqne  and  picked  np  by  a 
British  schooner  and  brought  into  Malpequo,  where  the  Prior  was  lying.  They  re- 
fiifled  to  deliver  it  up  after  the  captain  of  the  Prior  had  oft'ered  to  pay  salvage  on  it. 
I  sent  yon  a  sworn  affidavit  last  Novemlter  of  the  facts  in  the  case.  Please  let  me 
know  when  you  think  it  best  to  enter  a  claim  Tor  damage.  Hoping  to  hear  from  you 
at  your  earliest  convenience, 
I  remain,  etc., 

P.  H.  Prior. 

P.  S. — Please  let  me  know  what  stops  to  take  in  regard  to  answering  the  inclosed 
letter. 

P.  H.  P. 


,  [Inclosure  to  inclo8iire  1  in  No.  625.] 

SoURis,  Prince  Edward  Island, 

May  2,  1887. 
Messrs.  P.  H.  Prior  &  Son, 

Boston,  Mass.: 

Sirs  :  In  October  last  Capti.iu  Wolf  of  the  British  schooner  John  M.  IngVis  dcHverrd 
to  me  a  wrecked  seine  which  ho  had  picked  up  at  sea.  It  had  tlie  name  "  Sarah  II. 
Prior"  printed  somewhere  about  it.  As  receivorof  wrecks  for  this  district  I  made  llio 
necessary  advertisement  hero  and  at  Ottawa,  where  tlie  Iic.kI  department  is,  but  be- 
fore I  could  ascertain  who  the  owner  was  winter  had  set  iu  and  nothing  could  be  done. 


THE    FISIIEKIES   QUESTION. 


66' 


I  bad  tliP  seine  nicely  Baited  and  seemed  for  the  wiiitc-r.  It  is  now  in  as  good  con- 
dition as  wiien  it  was  brought  here.  I  have  now  to  ask  if  yon  are  the  real  owners  of 
this  property,  and  if  so,  what  disposiuion  you  wish  mo  1o  make  of  it,  whether  you 
wish  to  pay'thj  salvage,  $25,  and  some  other  charges,  and  have  the  property  shipped 
to  you  hy  steamtw  or  nave  it  kept  here  until  your  vessel  calls.  Something  must  be 
do'.ie  with  it  soon.  I  have  had  it  overhauled  this  spring,  and  it  appears  in  good  con- 
dition, except  of  course  the  tearing.  The  purseline,  etc.,  are  with  it,  and  it  should 
bo  worth  more  than  the  charges  against  it. 

Will  you  kindly  adviae  uie  by  loturn  mail  what  your  wishes  are  in  the  matter,  and 
oblige, 

Yours,  etc. 

M.   .1.   FOLKY, 

Jieccivir  of  Wrecka. 


Pnclosuro  2  in  No.  C25.1 

Mr.  Bayard  to  Mr.  Prior. 

Department  op  State, 

Washington,  May  21,  1887; 

Sin:  Your  letter  of  the  13th  instant  in  relation  to  the  claim  preferred  by  you  be- 
cause of  the  alleged  refusal  of  the  coinniiinder  of  the  Canadian  cruiser  Critic  to  per- 
mit the  restoration  to  your  fishing  vessel,  the  Sarah  H.  Prior,  of  a  valual>le  seine  lost 
at  sea  and  carried  into  Malpeque  hy  a  Canadian  vessel,  ha.**  been  received. 

As  you  were  informed,  by  my  letter  of  Jauua.'y  28  last,  your  original  complaint  of 

December  28,  1886,  with  the  accompanying  ailklavit  of  the  captain  and  crew  of  the 

Sarah  H.  Prior  purporting  to  set  forth  the  facts  of  the  case,  was  laid  before  Her 

Britannic  Majesty's  minister  at  this  capital.    My  note  and  Sir  Lionel  West's  acknowl- 

'  edgment  thereof  are  printed  on  pages  7  and  8  of  the  inclosed  executive  document. 

I  am  now  in  receipt  of  Sir  Lionel's  reply,  covering  an  approved  report  of  a  commit- 
tee of  the  Dominion  privy  council,  of  which  a  copy  is  inclosed  for  j  our  information. 

The  question  appears  to  have  been  one  of  compliance  with  the  usual  wreckage  and 
salvage  laws,  and  wholly  disconnected  from  international  right  and  duty. 

The  sworn  statements  of  the  master  of  the  Sarah  Jf.  Prior  as  to  the  refusal  of  the 
commander  of  the  Critio  to  permit  the  restoration  of  the  seine  are  controverted. 

It  is  alleged  that,  on  the  regular  course  of  proceedings  for  the  recovery  of  his  prop- 
erty through  the  receiver  of  wrecks  being  pointed  out  to  Captain  McLaughlin,  the 
latter  "  then  said  that  as  the  seine  was  all  torn  to  pieces,  he  would  not  bother  him- 
self about  it  " 

It  appears,  from  the  letter  addressed  to  you.  May  2,  by  Mr.  M.  J.  Foley,  receiver  of 
wrecks  at  Souris,  Prince  Edward  Island,  and  which  you  send  to  me  for  my  informa- 
tion, that  the  seine  in  question,  after  proper  care  during  the  winter,  is  still  at  your 
disposal  on  payment  of  the  adjudged  salvage,  $25  This  sum,  it  may  be  noted,  is  that 
which  Captain  McLaughlin  offered  in  the  first  instance  to  pay  to  the  master  of  the 
John  Ingalls. 

Iiiasnuich  as  the  rights  of  salvage  are  private  rights,  to  be  settled  in  judicial  forums, 
and  as  no  obstacle  now  exists,  or  appears  to  have  at  any  time  existed,  to  the  recovery 
of  your  lost  property  by  institution  of  a  suit  in  the  usual  form,  I  am  unable  to  dis- 
cover any  connection  between  the  subject-matter  of  your  comi)laint  and  any  '  aty 
of  (he  United  States  with  Great  Britain,  or  ground  for  Government  interpositu  ii. 

Wreck-master  Foley's  letter  is  herewith  returned  to  you,  a  copy  being  retained  on 
file  with  your  letter. 
I  aui|  etc., 

T.  F.  Bayard. 


•66 


v\ 


•the  fisheries  question. 

No.  321. 
Mr.  Bayard  to  Mr.  Phelps. 

[Estract.] 


Ko.  659  bis.] 


Department  of  State, 
Washington,  July  12,  1887. 
Sir  :  On  March  24  last  the  Marquis  of  Salisbury  made  reply  to 
your  note  to  biin  of  December  3,  18SG,  and  comnuiuicated  the  views  of 
the  Canadian  government  upon  the  ad  interim  arrangement  proposed 
by  the  Government  of  the  United  States,  undrr  date  of  the  15th  of 
November  preceding,  for  the  settlement  of  the  fishery  disputes. 

This  reply  of  his  lordship  and  the  ''observations"  of  the  Canadian 
authorities  upon  the  proposal  for  an  arrangement  were  conveyed  iii 
Mr.  White's  dispatch  of  March  30,  and  received  at  this  Department 
April  11  last,  when  it  had  my  immediate  consideration. 

An  answer  was  prepared  forthwith  to  the  note  of  his  lordship,  as 
well  as  to  the  "observations,"  and  1  now  inclose  two  copies  of  the  latter, 
which,  for  convenience  and  intelligibility,  has  been  printed  as  a  third 
parallel  column  to  the  original  proi)osal  and  the  Canadian  "  obscva- 
lions." 

I  am,  etc.) 

T.  F.  Bayaed. 


,,:|. 
!!.!» 


llnclosuro  in  No.  C59  bis.  ] 
FiSnERIES  AunANGEMKXT    mOPOSED   BY    UNITED  STATES,  WITH  "OBSERVATIONS" 

OF  British  Goveinment  and  Reply  op  Government  of  United  States. 


Ad  interim  Arrangement  pro- 
posed by  the  United  States, 
Government. 

Article  I. 

WHEREAS,  in  tho  1st  Ar- 
ticle of  tlio  Convention  botweecu 
tbo  United  Stutes  ni\(l  Gro:it 
Diitaiu,  concluded  nnd  signed  in 
London  on  tho  20(h  October, 
1818,  it  wa«  agreed  between  the 
High  Contracting  Parties  "  that 
the  iubabitauta  of  tho  saidlTiii- 
ted  States  shall  have  forever,  in 
common  with  tbo  subjects  of 
Uis  Britaunio  HnjoBty,  the  lib- 
erty to  take  fish  of  every  kind 
on  that  part  of  tho  eouthern  coast 
of  Newfoundland  which  extends 
from  Cape  Ray  to  the  Kameau 
Islands,  on  the  ■western  and 
northern  coast  of  Newfoundland, 
from  the  said  Capo  Kay  to  the 
Qiiirpon  Islands,  on  the  shores  of 
tho  Magdalen  Islands,  and  also 
on  the  coasts.bays,  harbunrs,and 
creeks,  from  Mount  Joly  on  tho 
Southern  coast  of  Labrador,  to 
and  through  tho  Straits  on  BcUo- 
Isle,  and  thence  northwardly 
Indefluitely    alonf;  the   coast, 


Observations  on  Mr.  Bayard's 
Memorandum. 

THE  roost  important  depart- 
ure in  this  Article  from  the  Pro- 
tocol of  1800  is  the  lutorpolation 
of  tlieHtipulation,  "that  tho  bays 
and  harbours  from  which  Ameri- 
can vessels  are  in  future  to  bo 
excluded,  save  for  tho  purposes 
for  which  entrance  into  bays  and 
harbours  is  permitted  by  said 
Article,  are  hereby  agreed  to  be 
taken  to  bo  such  harbours  as  aro 
10,  orlessthan  10,  miles  in  widili, 
and  tho  distance  of  3  nuirino 
miles  fom  such  bays  and  har- 
bours shall  bo  measui'cd  from  a 
straight  line  drawn  across  tho 
bay  or  harbour  in  the  part  near- 
est the  entrance  at  the  first  point 
where  the  width  does  not  ex- 
ceed 10  miles." 

This  provision  would  involve 
a  surrender  of  fi-shing  rights 
which  have  always  been  regard- 
ed as  tho  osclusive  pnipcrty  of 
Canada,  and  would  make  com- 
mon fi.shing  grounds  of  iho  ter- 
ritorial waters  «  hicli,  by  the  law 
of  nations,  have  been  invariably 


Reply  to  "  Observations' 
posal. 


on  Pro- 


A  prior  agreement  betwcon 
the  two  Governments  as  to  tlio 
proper  defiuition  of  the  "bays 
and  harbors  "  from  which  Ameri- 
can lialiermcn  are  hereafter  lo 
be  excluded,  would  not  only  fa- 
cilitntethelaborsofthopropusud 
Comnijasion,  by  niateriaily  as- 
sisting it  in  defining  such  bays 
and  harbors,  but  would  give  to 
its  action  a  finality  that  could 
not  otberwiso  bo  expected.  Tlio 
width  of  ton  miles  was  proposed, 
not  oul.y  because  it  had  been  fol- 
lowed in  Conventions  betwcon 
many  other  powers,  but  also  lie- 
cause  it  was  deemed  reasoiiablu 
andjust  in  the  present  case;  i\m 
Governnu!Utrecognizing  tho  tact 
that,  while  it  might  have  claiiiu'cl 
a  width  of  six  miles  as  a  basi.s  uf 
settlement,  fishing  within  b:iys 
and  harbors  only  slightly  wiiUr 
would  be  confined  to  areas  so 
narrow  as  to  render  it  practically 
valueless  and  almost  neco-ssaiily 
expose  tho  fishermen  toconstuiit 
danger  of  carrying  their  oponi' 


THE   FISHERIES   QUESTION. 


67 


TATE, 

y  12,  1887. 

ilo   reply  to 

the  views  of 
iut  iiroposed 

the  15tU  of 
lUtes. 

ho  Canadian 
conveyed  iu 

Department 

I  lordship,  as 
of  the  latter, 
;d  as  a  third 
in  "  obse'va- 


,  Bayard. 


BSERVATIONS" 

TED  States. 

tervatioiM"  on  Pro- 
posal. 

Tfopmcnt   botwcpn 
onimouts  as  to  the 
tion  of  the  "Imys 
from  wlilcli  Amen- 
n  are  bcreaftor  to 
would  not  only  fiv 
Ijorsoftlio  proponed 
1).V  luutorialli'  as- 
ilfdnlug  Buch  bays 
it  womUI  givo  to 
iiality  that  could 
bo  expected.   The 
liloB  was  proposed, 
U80  it  bad  boon  fol- 
ivcntious  between 
owers,  but  also  lio- 
doeincd  reaaonablu 
present  ca»io!  tbis 
•ecognizing  tbo  laet 
might  have  claiimd 
miles  as  a  basis  uf 
gbing  within  bays 
inly  slightly  wider 
fined  to  areas  so 
endor  it  practically 
almost  uucossarily 
hprmen  toconstaut 
rrying  their  opera- 


without  projudlce,  howevir,  to 
:..iiy  of  tlleo^:elusive rights  of  tbo 
IIimIsoh's  ]!ay  Company;  and 
l!iat  tiio  American  tisbcrnieu 
xliall  also  bav.i  liberty  for  ever 
to  dry  and  cure  tiah  in  any  oi"  the 
nn^dtled  bays,  harbours,  and 
ci-ccka  of  the  southern  part  of 
Ihft  coast  of  Ncwfonndland,  here 
almvc  described,  and  of  the  coast 
of  Labrador;  but  so  soon  as  tho 
samo.orany  portion  thereof,shall 
bo  settled,  it  shall  not  bo  lawful 
for  tlio  said  fishormcn  to  dry  or 
cure  fish  at  such  portions  so  set- 
tled without  previous  a-reemont 
for  such  purpose  with  the  in- 
habitants, proprietors,  or  pos- 
sessors of  the  ground  j "  and  was 
declared  that  "tho  United  States 
hereby  renounce  forever  any  lib- 
erty.heretofore  enjoyed  or  claim- 
ed by  the  inhabitants  thereof  to 
talvc,  dry,  or  cure  fish  on  or  with- 
in 3  marino  miles  of  any  of  the 
coasts,  bays,  crocks,  or  harbours 
of  His  Britannic  Jfajesty's  do- 
minions in  America  not  included 
within  the  above-mentioned  lim- 
its; provided,  however,  that  the 
American  (ishernien  shall  bo  ad- 
mitted to  enter  such  bays  or  har- 
honra  for  tlui  purpose  of  shelter, 
iind  of  repairing  damages  there- 
in, of  purchasing  wood,  and  ob- 
taining water,  and  for  no  other 
purpose  whatever.  But  they 
shall  be  under  such  restrictions 
as  may  bo  necessary  to  prevent 
their  taking,  drying,  or  curing 
fish  therein,  or  in  any  other  man- 
ner whatevar  abnslng  the  privi- 
leges hereby  reserved  to  them ;" 
and  whereas  difTorenccs  liavo 
arisen  in  regard  to  tho  extent  of 
tho  above-mentioned  renuncia- 
tion, tho  Government  of  tho 
United  States  and  Her  Majesty 
theQiieen  of  Great  Britain,  being 
equally  desirous  of  avoiding  fu:  • 

ler  niisundorstanding,  agree  ,:o 
appoint  a  Mixed  ('oinraission  for 
llui  following  purposes,  namely : 

1.  Toagrceupon  and  establish 
liy  a  series  of  lines  tho  limits 
which  sliall  separate  the  exclu- 
Mve  from  tho  common  right  of 
lisliidg  on  the  coast  and  in  tbo 
ailjarent  waters  of  the  British 
Xorth  American  Colonies,  in 
(nnforraity  wUh  tho  Ist  Article 
"f  tho  Convention  of  1818,  except 
that  tlicbuys  and  harbours  from 
whiili  American  fishermen  are 
in  the  future  to  be  excluded, 
save  for  the  purposes  for  which 


regarded  both  in  Great  Britain 
nnil  the  United  States  as  be- 
longing; to  tho  adjacent  country. 
In  the  case,  for  instance,  of  the 
Baio  dcs  Cbalcurs,  a  peculiarly 
well-marked  and  almost  land- 
lockcd'indcnfation  of  tho  Cana- 
dian coast,  the  10-mile  lino  would 
be  drawn  from  points  in  the  heart 
of  Canadian  territory,  and  al- 
most 70  miles  distance  from  tbo 
natural  entrance  or  mouth  of  tho 
bay.  This  would  bo  done  in 
spito  of  the  fact  that,  both  by 
Imperial  legislation  and  by  ju- 
dicial interpretation,  this  liay 
b^. ,  been  dcclnrod  to  form  apart 
of  tho  territory  of  Canada.  (Seo 
Imperial  Statute  14  &  15  Vict., 
cap.  63 ;  and  "  Mouat  v.  JIc- 
rhee,"  5  Sup.  Court  of  Canada 
lJc])orts,  p.  (Hi.) 

Tbo  Convention  with  Franco 
in  1.930,  and  similar  (^)nventions 
with  other  European  rowers, 
form  no  precedents  for  the  adop- 
tion of  a  10-milo  limit.  Those 
Conventions  were  doubtless 
passed  with  a  view  to  the  geo- 
grapb.ical  iieculiarities  of  the 
coast  to  which  they  related. 
They  bad  for  their  object  the 
definition  of  tiio  boundary  lines 
which,  owing  to  the  configura- 
tion of  tbo  coast,  perhaps  could 
not  readily  bo  settled  by  refer- 
ence to  tho  law  of  nations,  and 
invidve  other  conditions  which 
aro  inapplicable  to  tbo  territo- 
rial waters  of  Canada. 

This  is  shown  by  tbo  fact  that 
in  the  French  Convention  tho 
whole  of  the  oyster-beds  in  Gran- 
ville Bay,  otherwise  called  tho 
Bay  of  Cancain,  the  entrance  of 
which  exceeds  10  miles  in  width, 
were  regarded  as  French,  and 
tho  enjoyment  of  them  is  re- 
served to  the  local  fishernien. 

A  reference  to  the  action  of  tho 
United  States'  Government,  "id 
to  tho  admission  m.ado  by  their 
statesmen  in  regard  f  to]  bays  on 
tho  American  coasts,  strength- 
ens this  view;  at  d  tho  case  of  t  he 
English  ship  "Grange"  sliows 
that  the  Government  of  tbo 
United  States  in  1703  claimed 
Delaware  Bay  as  being  within 
territorial  waters. 

Mr.  Bayard  contends  that  the 
rule  which  be  asks  to  have  set 
up  was  adopted  by  the  Umpire 
of  tho  Commission  appointed 
under  tho  Convention  of  1853  in 
tlio  case  of  tho  United  States' 


tioDS  Into  forbidden  waters.  A 
width  of  more  than  ten  miles 
would  give  room  for  safe  fishing 
niorctlian  three  miles  from  either 
shore,  ond  thus  prevent  the  con- 
stant disputes  which  this  Gov- 
ornmont's  proposal,  following 
the  Conventions  above  noticed, 
was  designed  to  avert. 

It  was  not  known  to  Involve 
tlio  surrender  of  rights  "which 
had  always  been  regarded  as  the 
exclusive  property  of  Canada," 
or  to  "mako  common  fishing 
ground  of  territorial  waters, 
which,  by  tho  law  of  nations, 
have  been  invariably  regarded, 
both  iu  Great  Britain  and  the 
United  Stiites,  as  belonging  to 
the  adj.ioent  country." 

The  case  of  tbo  Bale  des  Cha- 
leurs,  the  only  case  cited  in  this 
relation,  does  not  appear  to  sus- 
tain the  "observations"  above 
quoted.  From  IS.'il  until  1800 
American  fishermen  were  per- 
mitted free  access  to  all  territo- 
rial waters  of  tho  provinces  un- 
der treaty  stipulations.  From 
IHtiO  until  1870  thev  enjoyed  sim- 
ilaraccess  under  special  licenses 
issued  by  the  Canadian  Govern- 
ment. In  1870  tho  license  sys- 
tem was  discontinued,  andnnder 
dale  of  May  14  of  that  year  a 
draft  of  special  instructions  to 
ofUcera  in  command  of  tho  ma- 
rino police,  to  protect  the  in- 
shore fisheries,  was  submitted 
by  Mr.  P.  Mitchell,  Minister  of 
Marino  and  Fisheries  of  the  Do- 
minion, to  tho  Trivy  Council, 
and  on  tbo  same  day  was  ap- 
I)roved.  In  that  draft  tho  width 
of  ten  miles,  as  now  proposed 
by  this  Government,  was  laid 
down  as  the  definition  of  the 
bays  and  harbors  from  which 
American  fishermen  were  to  bo 
excluded  ;  and  in  respect  to  tho 
Bi:y  des  Cbalenrs,  it  was  (iiroct- 
ed  that  tho  ofBcers  mentioned 
should  not  admit  American  tlsh- 
ermen  "inside  of  a  line  drawn 
"  across  at  that  part  of  such  bay 
"  where  its  width  does  not  exceed 
"ten  miles."  (See  Sess.  Pap, 
1870;  tee  also  Appendix  "A"  to 
this  Memorandum.)  It  is  true 
that  it  was  stated  that  these  lim- 
its were  "for  the  present  to  be 
exceptional."  But  they  are  Ir- 
roconcilablo  with  tho  supposi- 
tion that  the  present  proposal  of 
this  Government  "  would  In- 
"  Volvo  a  surrender  of  fiablnf 


J.,  « 

m 

'  I, 


58 


THE   FISHERIES   QUESTION. 


" 


I 

I  '< 

I 

ll 


entrance  into  the  bays  and  har> 
bonrs  i8  permitted  by  Maid  Ar- 
ticle, aro  liorel)y  ajtreed  to  be 
tftkon  to  be  such  bays  and  bar- 
bonrs  as  are  10  or  less  than  10 
miles  in  width,  nnd  the  distance 
of !( marine  niilcH  from  such  bays 
and  harbours  sliiiU  be  ni(!nRUTod 
from  a  straight  line  drawn  across 
the  bay  or  harbour,  in  the  part 
nearest  the  entrance,  nt  the  first 
point  where  the  width  does  not 
exceed  10  miles,  the  said  lines  to 
bo  rognliirly  nuniborcd,  duly  de- 
scribed, and  also  clearly  marked 
on  Charts  jirepaied  in  duplicate 
for  the  puri)Ose. 

2.  To  agree  upon  and  establish 
snch  Regulations  as  may  ho  nec- 
essary and  proper  to  secure  to 
the  llshcrmen  of  the  United 
States  tlie  privilego  of  entering 
bays  and  harbours  for  the  pur- 
pose of  shelter  nnd  repairing 
daniiiges  therein,  of  pnichasing 
wood,  and  of  obtiilniug  water, 
and  to  ngrne  upon  and  establish 
Bucli  restrictions  as  may  ho  nec- 
essary to  prevent  tlio  nbuso  of 
the  ptivilego  reserved  by  said 
Convention  to  the  fishormen  of 
the  United  States. 

3.  To  agree  upon  and  recom- 
mend the  penalties  to  be  ad- 
judged, and  such  proceedings 
and  jurisdiction  as  may  be  nec- 
essary to  secure  a  speedy  trial 
and  .Judgment,  « ith  as  little  ex- 
l)en8o  as  possible,  for  the  viola- 
tors of  rights  and  the  transgress- 
ors of  the  limits  and  restrictions 
which  may  bo  hereby  adopted  i 

Provided,  however,  that  the 
limits,  restrictions,  nnd  llegula- 
tions  which  may  bo  agreed  iinon 
by  tliesaid  Commission  shall  not 
be  final,  nor  have  any  eifect,  un- 
til 80  jointly  confirmed  and  de- 
clared by  the  United  States  and 
Her  Majesty  the  Queen  of  Great 
liritain,  either  by  Treaty  or  by 
lawa  mutually  acknowledged. 


fishing-schooner  "Washingu.::," 
that  it  was  by  him  applied  to  the 
Bay  of  l''undy,  and  that  it  is  for 
this  reason  applicable  to  other 
Canadian  bays. 


It  is  submitted,  however,  that 
as  one  of  the  headlands  Of  the 
Bay  of  Fundy  is  in  the  territory 
of  the  United  States  any  rules  of 
international  law  applicable  to 
that  bay  are  not  therefore  equal- 
ly applicable  to  other  bays  the 
headlands  of  which  are  both 
within  the  territory  of  the  same 
Power. 

The  second  paragraph  of  the 
1st  Article  does  not  incorporate 
the  exact  language  of  the  Con- 
vention of  1818.  For  instance, 
the  words,  "and  for  no  other 
purpose  whatever,"  should  bo 
inserted  after  the  mention  of  the 
purposes  for  whioh  vessels  may 
enter  Canadian  waters,  and  after 
the  words,  "as  may  be  neces- 
sary to  prevert,"  should  be  in- 
serted, "  their  taking,  drying,  or 
curing  fish  therein,  or  in  any 
other  manner  abusing  the  privi- 
leges reserved,"  &c. 

Tomake  the  language  conform 
correctly  to  the  Couvcsntion  of 
1818,  several  other  verbal  altera- 
tUms,  which  need  not  be  enumer- 
ated hero,  would  be  necessary. 


"  rights  which  have  always  been 
"  regarded  as  the  exclusive  prop. 
"orty  of  Canada." 

It  is,  however,  to  be  observed 
that  the  instructions  above  re- 
ferred to  were  not  enforced,  but 
were,  at  the  re<iuestof  Iler  Maj- 
esty'sCiovernment,  amended,  by 
confining  the  exercise  of  police 
jurisdiction  to  a  distance  of  throe 
miles  from  the  coasts  or  from 
bays  less  than  six  miles  in  width. 
And  in  respect  to  the  Ha^  des 
Chaleurs,  it  was  ordered  that 
American  fishermen  should  not 
be  interfered  with  unless  they 
were  found  "within  three  miles 
of  the  shore.  (Sess.  Pap.,  Vol. 
IV,  No.  4,  1871 J  see  akj  Appen- 
dix "B.") 

The  final  instructions  of  1870, 
being  thus  approved  and  adojit- 
od,  W(^ro  reiterated  by  tlieir  re- 
issue in  1871.  Such  was  the  con- 
dition of  tilings  from  the  discon- 
tiuuanceof  llie  Canadia-;  license 
system,  in  1870,  until,  by  the 
Treaty  of  AVasliingtou,  Ameri- 
can fi.tliermcn  again  had  nccesB 
to  tlio  in.ihoro  fisheries. 

As  to  the  st.ituto  cited  (14  and 
15  Vict.,  cap.  03,  August?,  IS.'^^l), 
it  is  only  necessary  to  say  that 
it  can  have  no  relevance  to  the 
present  discussion,  because  it 
related  exclusively  to  tlie  settle- 
ment of  dispnted  bcundarieo  be- 
tween the  two  British  provinces 
of  Canada  and  New  Brunswick, 
and  hud  no  international  aspect 
whatever ;  and  the  same  may  bo 
said  (if  the  case  cited,  which  was 
wholly  domestic  in  its  nature. 

Excepting  the  Bay  des  Cha- 
leurs, no  case  is  adduced  to  show 
why  the  limit  adopted  in  the 
Conventions  i  egulating  the  fish- 
erics  in  the  British  Channel  and 
in  the  Nortli  Sea  would  not  he 
equally  applicable  to  the  prov- 
inces. The  coasts  bordering  on 
tliose  waters  contain  numerou.s 
"bays"  more  than  ten  mili's 
wide;  and  no  other  condition  has 
been  suggested  to  make  the  lim- 
it established  by  Groat  Britain 
and  other  powers  as  to  theai' 
coasts  "inapplicable"  to  tlic 
coasts  of  Canada. 

The  exception  referred  to  (of 
the  oyster  beds  in  Granville  Bay ) 
from  the  ten-mile  nilo  in  tho  Con 
ventions  of  18;i9  and  1843,  be 
tween  Great  Britain  and  France. 
is  found,  upon  examination  of  the 
latter  Convention,  to  be  "estab- 


ir'*" 


TMK    FISHERIES    QUESTION. 


59 


ivealways'been 
exclusive  prop- 
If 

to  be  observed 
tions  above  ro- 
at  cuforred,  but 
loatofller  Maj- 
nt,  amcmlod,  by 
ercise  of  polioo 
ilistancoofthroB 

coasts  or  from 
X  miles  in  width. 

to  the  Bay  dos 
as  ordered  that 
rmon  should  not 
rlth  unless  tlmy 
itbin  three  miles 
(Sess.  Pap.,  Vol. 
;  gee  alsj  Apppu- 

tructionsof  1870, 
roved  and  adopt- 
•iitod  by  their  ro- 
Sm:h  was  the  cou- 
s  from  the  disciin- 
1  Cauadia-.  licuuse 
TO,  until,  by  the 
ishin;;ton,  Ameri- 
B!j;a\n  had  access 
flsliorics. 
a1  oto  cited  (14  and 
i3,  August?,  18ril), 
[•sHaiy  to  say  tliat 
>  rclovance  to  the 
lasiou,    bccauai)  it 
ivcly  to  the  settle- 
ted  bcnndariea  hiv 
Uriti.sh  proviuceB 
New  Brunswick, 
ternatioual  aspect 
d  the  same  may  bo 
le  cited,  which  was 
ki(!  in  its  nature. 
tlui  Bay  des  Chil- 
lis adduced  to  show 
it  adopU'd  in  the 
regulating  the  fiah- 
Iritish  Channel  ami 
Sea  would  not  lie 
jable  to  tbo  prov- 
tasts  bordering  on 
Icoutain  numerous 
lo  than  ton   niih« 
(ther  condition  ban 
?d  to  make  the  lim 
by  Groat  Britain 
iwers  as  to  tb(is<' 
,plicuble"   to   the 
lada. 

lion  referred  to  (of 
iHinOranvillcBay) 
lilei-uleinthoCon 
La;!9  and  1843,  bc- 
[jritain  and  France, 
I  examination  of  the 
ition,  tobe"estab 


liahod  upon  special  piiuciples;" 
aiid  it  is  believed  that  the  area 
of  waters  so  excepted  Is  scarcely 
12  miles  by  10.  In  this  relation 
It  may  be  instructive  to  note  tlie 
terms  of  the  Memorandum  pro- 
posed for  tlie  Foreign  Oflice  In 
1870,  withr  eference  to  a  Com- 
mission to  settle  the  flsliing  lim- 
its on  the  coast  of  British  North 
America.  (Sess.  I'ap.,  1871  ; 
tee  also  Appendix  '  C") 

The  Bay  des  Chaleurs  is  ICi 
miles  wide  at  the  mouth,  meas- 
nred  from  Birch  Point  to  Point 
Macqueroau ;  contains  within  its 
limits  several  other  well-defined 
bays,  distinguished  by  their  re- 
spective  names,  and,  according 
to  the*' observations,  ".idistauce 
of  almost  seventy  miles  inward 
may  bo  traversed  before  reach- 
ing tbo  toil  mile  line.  ' 

The  Delaware  Bay  is  11^  miles 
■wide  at  the  mouth,  32  miles  from 
which  it  narrows  Into  the  river 
of  that  jiame,  and  has  always 
been  held  to  be  territorial 
waters,  before  and  since  the 
case  of  the  "Grange" — an  in- 
ternational case, —  in  1703,  down 
to  the  present  tuno. 

In  delivering  .judgment  In  the 
case  of  tho  "  AS^ashington,"  tbo 
Umpire  considered  tho  licadland 
theory  and  pronounced  it  "  now 
doctrine."  Ho  noted  among 
other  facts  that  one  of  the  head- 
lands of  the  Bay  of  Fuudy  was 
in  the  United  States,  but  did 
not  place  bis  decision  on  that 
ground.  And  immediately  in 
tho  next  case,  that  of  tho  "Ar- 
gus, "  beard  by  him  and  decided 
on  the  same  day,  he  wholly  dis- 
carded tho  headland  theory  and 
made  an  award  in  favor  of  the 
owners.  The  "Argus"  was 
seized,  not  in  the  Bay  of  Fundy, 
but  because  (althongb  more 
than  throe  miles  from  laud)  she 
was  found  fishing  within  a  line 
drawn  from  headland  to  head- 
land, from  Cow  Bay  to  Capo 
North,  on  tbo  northeast  side  of 
Cape  Breton  Island. 

Tho  language  of  the  Conven- 
tion of  1818  was  not  fully  incor- 
porated in  tho  second  paragraph 
of  the  1st  Article  of  the  propo- 
sal, becauBO  that  paragraph  re- 
lates to  regulations  for  the  so- 
ouro  enjoyment  of  certain  priv- 
ileges expressly  reserved.  Tho 
words  "and  for  no  other  pur- 
pose whatever"  would  in  thl» 


Hk  ^nj 


60 


THE   FISHERIES    QUESTION. 


relntion  be  surplusage.  The  if.  | 
strictions  to  prevent  the  abine 
of  the  privih'jics  referred  i,, 
would  iicccHsiirily  ho  Hiich  ua  i,, 
prevent  the  "taking,  dryinc,  iiiul 
curing  "  of  fiHh.  For  thcKe  rca 
Bons  the  words  referred  to  were 
not  iuHPTted,  nor  is  the  useful 
seas  of  their  insertiou  apparent 


I; 


4(1  interiin  Arrangement  pro- 
poted  by  the  United  Statet'  Oov- 
emment. 

Article  II. 

Ponding  a  detlnitivo  arranpo- 
mont  on  tlio  subject,  Her  Bri- 
tannic Majesty's  Government 
agree  to  instruct  the  proper  Co- 
lonial and  other  British  ofUcers 
to  abstain  from  seizing  or  mo- 
lesting fl&bing  vessels  of  the 
United  Statca  unless  they  are 
found  within  3  marine  miles  of 
any  of  the  coasts,  bays,  creeks, 
and  harbours  of  Her  Britannic 
Mnjesty's  dominions  in  Amer- 
ica, there  fishing,  or  to  have 
been  fishing  or  preparing  to  fish 
within  those  limits,  uotincludod 
within  the  limits  within  which, 
under  the  Treaty  of  1818,  the 
flail!,  rmeu  of  the  United  States 
continue  to  retain  a  common 
right  of  fishery  with  Her  Bri- 
tannic Msyeaty'B  subjects. 


Observalioni  on  Mr.    Layard's 
Memorandum. 


This  Article  would  suspend 
the  operation  of  the  Statutes  of 
Great  Britain  and  of  Canada,  and 
of  tho  provinces  now  constitu- 
ting Cniiada,  not  only  as  to  the 
various  ofibusos  connected  with 
fishing,  but  as  to  customs,  liar, 
hours,  and  shipping,  and  would 
give  to  tho  fishing  vessels  of  tho 
United  States  privileges  in  (Can- 
adian ports  which  are  not  enjoy- 
ed by  vessels  of  any  other  class, 
orof  any  other  nation.  Such  ves- 
sels would,  for  example,  be  free 
from  tho  duty  of  reporting  at  the 
Cnstoms  on  entering  a  Canadian 
harbour,  and  no  safeguard  could 
bo  adopted  to  prevent  infraction 
of  tho  Customs  Laws  by  any  ves- 
sel asserting  tho  character  of  a 
fishing  vessel  of  the  United 
States. 

Instead  of  allowing  to  such 
vessels  merely  tho  restricted 
privileges  reserved  by  tho  Con- 
vention of  1818,  it  would  give 
them  greater  privileges  than  are 
enjoyed  at  the  present  time  by 
any  vessels  In  any  part  of  tho 
world. 


lieply  to"  Observationi " on  Pn. 
posal. 


Article  II. 

The  objections  to  this  Article 
will,  it  is  believed,  bo  rcmovoii 
by  a  refer.nico  to  Article  VI, 
in  which  "tho  United  Stales 
agrees  to  admonish  its  fisher- 
men to  comply"  with  Cana- 
dian customs  regulations  and 
to  eoiiperato  in  securing  their 
enforecinent.  Obedience  by 
American  fishing  vessels  to  Ca- 
nadian laws  was  believed  and 
certainly  was  intended  to  ho  te- 
cured  by  tiis  article.  By  the 
consolidation,  however,  of  Ar- 
ticles IE  and  VI  the  criticiam 
would  bo  fully  met. 


i*l|.,v 


Ad  interim  Arrangement  pro- 
posed  by  the  United  State*'  Oov- 
emment. 

Article  III. 

For  the  purpose  of  executing 
Article  I  of  tho  Convention  of 
1818,  the  Government  of  the 
United  States  and  tho  Govern- 
ment of  nor  Britannic  Majesty 
hereby  agree  to  send  each  U>  the 
Gulf  of  St.  Lawrence  a  national 
vessel,  and  also  one  each  to  cruise 
during  tho  fishing  season  on  the 
southern  coasts  of  Nova  Scotia. 
Whenever  a  fishing  vessel  of  the 
United  States  shall  be  seized  for 


Obgervationg  on  Mr.  Bayard's 
Memorandum. 


This  Article  would  deprive  tho 
Courts  in  Canada  of  their  juris- 
diction, and  would  vest  that  Ja- 
risdiction  in  a  Tribunal  not 
bound  by  legal  principles,  but 
clothed  with  supreme  authority 
to  decide  on  most  important 
rights  of  the  Canadian  people. 

It  would  submit  such  rights 
to  tho  ailjadication  of  two  naval 
ofBcers,  one  of  them  belonging 
to  a  foreign  country,  who,  if  they 


Iteply  to  "  Observationi" onFro  \ 
posal. 

Article  m. 

As  tho  chief  object  of  this  Ar- 
ticle is  not  nnacceptable  to  Ilcr  I 
Majesty's  Government— t.  «.,  tlic 
establishment  of  a  joint  system  j 
of  inquiry  by  naval  oflBcers  of  tlio 
two   couutries  in   the  first  in- 
stance—it ia  believed  that  tl  e  1 
oY'  >ction8  suggested  may  be  re- 
moved by  an  enlargement  of  the 
list  of  enumerated  olTonses  so  as 
to  Include  infractions  of  the  reg- 
ulations  which  may  be  estab-  I 


THE    FISHERIES    QUESTION. 


61 


urplusage.  TlleI^ 
]irovcnt  tlio  iibiiH 
ilcgcs  referred  to  ! 
iRiirily  bo  Hiicli  unto 
'taking,  clryinK,  and 
Ish.  For  lliCHB  rca 
•(Is  reforrod  to  wen 
,  nor  is  tlio  tisi'fui 
inaoitiuu  appaii'ut 


'isernalions"  on  Pro- 
posal. 

TICI,E  II. 

itions  to  this  Article 
iliovcd,  1)0  rcniovoil 
iico  to  Article  VI, 
tUo  Unit<!(l  States 
uliuonish  its  flalier- 
niply "  with  Caiia- 
nis  regulations  iind 
;o  in  securing  tlieir 
t.  Obeilienco  by 
tailing  vessels  to  Ca- 
8  was  believed  and 
as  intended  to  bo  ue- 
tils  article.  By  tlio 
on,  however,  of  Ar- 
nd  "VI  tUe  criticiam 
iiUy  met. 


Ivlolntlng  (ho  provisions  of  tbo 
[»forc»aiil(;""\'<'"'""  ''.V  "■"♦•'''iS 
lor  pniiaring  I"  llsli" '«''»":""»■ 
Iriuo  niilL'H  ol'  any  of  tlio  coasts, 
Ibavs,  in-iks,  and  liarbours  of 
lllor  lii  ilauiiio  Majesty's  doniiu- 
jlons  iiicludud  williin  the  limits 
Iwitliiii  wliicli  ILlliing  is  by  the 
(ti'iiurt  of  tlio  said  Conveution  lo- 
[uimiiciil,  such  vessel  shall  forth- 
with lio  lopcrted  to  tho officer  in 
comiiiand  of  one  of  the  said  na- 
tioual  vessels,  who,  in  conjunc- 
tion with  the  officer  in  command 
of  aiiiilliiT  of  said  vessels  of  dif- 
ferent nationality,  shall  hear  and 
Icxaniim; into  tliefactsof  the  case. 
Sliould  tho  said  comraanding  of- 
I  fleers  bo  of  opinion  that  tho 
IcharKP  is  not  sustained,  tno  ves- 
I  gel  shall  bo  released.  But  if  they 
iBhoiibl  hoof  opinion  that  tho  ves- 
[sol  sboiilil  licsulyectcd  toa  jiidi- 
Icial  oxaniiiiation.  she  shall  forth- 
Iwitb  bo  sent  for  trial  before  tho 
IviioAdniiialty  Court  at  Uali- 
jfax.  If,  however,  tho  said  com- 
IniunJiug  otlicers  should  differ  in 
[opiuioii,  lliey  shall  name  somo 
J  third  person  to  act  as  tJmpiro 
(betwocu  thoni,  and  chould  they 
Jboiinablo  toagree  upon  the  namo 
(of  such  third  person,  they  shall 
I  each  namo  a  person,  and  it  shall 
[bo  dotcrniincd  by  lot  which  of 
I  the  twi)  persons  bo  named  shall 
I  bo  tho  Umpire. 


should  dlsn;^i'e»aud  bo  unable  to 
choose  an  Umpire  must  rofor  tbo 
llnal  decision  of  the  great  iuter- 
ests  which  uiight>  bo  at  stulio  to 
sciiiio  iiorsou  chosen  by  lot. 

If  a  vessel  iliargod  with  infrac- 
tion of  Canadian  lishing  rights 
should  be  tliought  worthy  of  be* 
iiig  subjected  to  a  "judicial  ez- 
uuilnation,"  she  would  be  sent  to 
tho  Vice- Adni  iralty  Court  at  Ilal- 
ifax,  but  there  woiiht  be  no  re> 
dress,  uo  appeal,  and  no  refeiv 
euce  to  any  Tribunal  if  tho  na- 
val officers  should  think  proper 
to  release  her. 

It  should,  however,  be  ob- 
served that  the  limitation  in  the 
second  sentence  of  this  Articlo 
of  tho  violations  of  tho  Conven- 
tion which  are  to  render  a  vessel 
liable  to  scixure  could  not  bo  ao- 
copt.'d  by  Her  Majesty's  Gov- 
oramcnt. 

For  those  reasons,  the  Article 
in  tho  form  proposed  is  inadmis- 
sible, but  Her  Majesty's  Giivem- 
ment  are  not  indisposed  to  agree 
to  the  principle  of  a  joint  inquiry 
by  tho  naval  oflicors  of  the  two 
countries  in  tho  first  instance, 
tho  vessel  to  bo  sent  for  trial  at 
Ilalifax  if  tho  naval  otlicers  do 
not  agree  that  she  should  be  re- 
leased. 

They  fear,  however,  that  thero 
would  bo  serious  iir,ictical  diffi- 
culties In  giving  cirect  to  this 
arrang'  lont,  owing  to  the  great 
length  (if  coast,  and  tho  delays, 
which  must  in  consequence  be 
frequent,  in  securing  tlio  pres- 
ence at  tho  same  time  and  place 
of  the  naval  officers  of  both 
Powers. 


lished  by  tho  ComnilssiOk,  And 
the  trratniont  to  boawardoUto 
sucli  infractions  should  also  be 
couuidored  by  tho  sumo  body. 


>h>ervation$"  onPn 
posal. 

RTICLK  III. 

lef  object  of  this  Ar- 
inacceplable  to  Ilcr 
ivemment— t.  «..  tilt 
it  of  a  iolnt  system 
naval  officers  of  tlio 
ies  in  the  first  in- 
believed  that  tl  i' 
iggosted  may  bo  ro- 
enlargement  of  tho 
irated  offenses  so  an 
fractions  of  the  ren- 
liob  may  be  estab- 


\Ad  interim  Arrangement  pro- 
]inted  titj  the  United  Statci'  Oov- 
emmenl. 

AimCLE  IV. 

Tho  flailing    vessels    of   the 

I  United  Stat«s  shall  have  in  tho 

I  establiabed  poits  of  entry  of  Iter 

[Britannic  M^esty's  dominions 

jiu  Auieiicathosamo  commercial 

[pririlpgos  asoth^.  vessels  of  the 

I  United  States,  including  the  nur- 

I  rhaso  of  bait  and  other  supplies ; 

and  such  privileges  shall  be  ex- 

orcisedsubjoct  to  the  same  Bnlcs 

and  Hegulations  and  payment  of 

the  aaiue  port  charges  as  are  yre> 


Observations    on  Mr,  Bayard's 
Memorandum. 


This  Articlo  is  also  open  to 
grave  objection.  It  proposes  to 
give  tho  United  Stati's  fishing 
vessels  tho  same  commercial 
privileges  as  those  to  which 
other  vessels  of  the  United 
States  are  entitled,  although 
such  privileges  are  expressly  re- 
nounced by  the  Convention  of 
1818  on  behalf  of  fishing  vessels, 
which  were  thereafter  to  be  de- 
nied the  right  of  access  to  Cana- 


Jieply  to  "  Observations"  on  Pro- 
posal. 


Article  IV- 

Tho  Treaty  of  1818  related 
solely  to  Fisheries.  It  \yas  not 
a  commercial  Convention,  and 
no  commercial  privileges  were 
rouounced  by  it.  It  contains  no 
reference  to  "ports,"  of  whiclj, 
it  is  believed,  tho  only  ones  then 
existing  were  Halifax,  in  Nova 
Scotia,  and  possibly  one  or  two 
more  In  tho  other  provinces ;  and 
these  ports  were  not  until  long 
Afterwards  opened,  by  recipro- 


THE   FISHERIES   QUESTION. 


ri 


I    ! 


■orlbod  for  othor  veuoU  of  tbo 
UnlloU  Sutus. 


I'*.!: 


'\'' 


(linn  waters  for  any  piirpono 
wliatovor,  jixcupt  tliow  (if  bIicI- 
tcr,  rcpiilrs,  and  the  piiirliiiHo  of 
wood  mid  walor.  It  hiis  fro- 
quniilly  b(3oi)  pointed  out  that  uii 
Attoiiipt  wa»  iiiiido,   duriiiK  the 

nOgOtilitioDH  Wllicll  prC(MMl(Ml  tlu) 

Convention  of  1818,  to  olitnln  for 
tbo  flshermon  of  tbo  Unitod 
StatoH  tho  right  of  obtaining  bait 
in  Canadian  watorn,  and  tliot 
tbia  attempt  waa  BuccossriiUy  re- 
Bisted.  In  spite  of  thif)  Ciict,  it  is 
proposed,  under  thin  Article,  to 
declare  tbat  tbe  Convention  of 
1818  gave  that  privilege,  nH  well 
r.n  tbe  privilege  of  piircbuHiug 
etber  supplies  in  tbo  barboura  of 
thaDuiuiuion. 


onl  comniorclut  regiilationn,  to 
vcnmi'Ih  of  tbii  ITuitcd  Stales  tDl 
gaged  in  trading. 

Tbo  right  to  "obtain"   (it 
take,   or  tlidi  for)   bait,  wan  iim 
inMintcd  upon  by  tbo  Aiiicii(a. 
negotiators,  and  waH   dniililliM  , 
omitted    from  *tlie    Treaty,  be- 
cause, as  it  would  haT(<  ixTinit 
tod  llsbing  for  that  puiposi',  || 
wuH  a  partial  roaHHcrtion  of  tlir 
riglit  to  Hsh   4  ithlu  Uw  llniilM  u  { 
to  wbicli  tlio  riglit  to  take  tlitli 
bad  already  been  expiosHly  re-  ' 
noiuiced. 

Tlio  purcbaBeofbnltnnd  other  1 
supidies  by  the  American  tltil, 
ormcn  In  tbo  established  portu 
ofontrj'of  Canada,  as  prdpcpmil 
In  Article  IV^,  is  not  icgardcil iis 
inconsistent  with  any  of  tbe  pru- 
vl'ions  of  tlio  Treaty  of  1818; 
rjid  in  this  relation  it  is  portl- 
sent  to  note  tbe  declaration  o( 
tbo  Early  of  Kimberly,  in  hiHiet. 
tor  of  I<'et)ruary  10,  1871.  to  Lonl 
Llsgar,  that  "  tbe  exolusion  uf 
"  American  flslicrmen  from  re- 
"sorting  to  Canadian  jMirts,  ex- 
"  cept  for  tbe  purpose  of  sbeltor, 
"and  of  repairing  da  magus 
"  therein,  purchaMing  wood,  ami 
"  obtaining  water,  might  bo  war- 
"ranted  by  the  letter  of  tho 
"Treaty  of  1818,  and  by  tho 
"terras  of  tbo  Imperial  Act  59, 
"Geo.  Ill,  Chap.  38,  but  Her 
"Majesty's  Government  feol 
"bound  to  state  that  it  seem-'< 
"to  them  an  extiemo  nu<aHure 
"inconsistent  with  tbe  general 
"  policy  of  the  Empire,  and  tlioy 
"  were  disposed  to  concede  this 
•'  point  to  tbo  United  States 
"Governiuent  under  such  re- 
"  strictions  as  maybe  necessary 
"  to  prevent  smuggling,  and  to  • 
"  guard  against  any  substantial 
"invasion  of  tbo  cxclnsivo 
"  rights  of  fishing  which  may  be 
"resc'  vod  to  British  subjects." 

It  is  not  contended  that  tirn 
right  to  purcba.se  bait  and  sup- 
plies, or  any  other  privilege  cf 
trade,  was  given  by  the  Treoty 
of  1818.  Neither  was  any  sjih 
right  or  privilege  stipulated  for 
or  given  by  tho  Treaty  of  18.")4, 
nor  by  tbo  Treaty  of  Washing- 
ton ;  and  tbo  Ilalifax  ComuiH- 
sion  decided  in  1877,  tbwt  it  was 
not  "  competent  "  for  that  tribu- 
nal "  to  award  compensation  fur 
"  commercial  intercourse  bc- 
"  tween  tbo  two  countries,  nor 
**for  purchasing  bait,  ice,  sap- 


THE   FISHERIES   QUESTION. 


6S 


irclul  ro|iii1atlonH,  to  | 
tlxt  (Tultcil  StMloaen 
rndliiK. 

it  tit  "oltlalu"  (I.  t, 
»li  Cor)  bait,  w.ih  iii,t 
ion  by  tho  Aiiicriiai, 
I,  null  w;iH  iloiililli'st 
oiti  'tho  Troiily,  Ix 
i  would  havo  ])criiiil 
:  for  tlint  |mi[M>Hi',  It 
ial  rcaHsfrtiou  of  tlip 
h  witUiu  tho  liinilHi).i  | 
ho  ri}!ht  to  tiikii  Dab 
y  been  oxiiiosMly  re- 

shnsoorbaitnnilotliet 
y  tho  Aiiiuriciin  (1«1; 
tho  (mtabliHliril  ports 
Cana<hi,  ns  pmiiowil 
[V,  is  not  ii'Kaiileiliis 
it  witli  any  of  thopri)- 
tho  Treaty   of  1818; 
I  relation   it  ia  porti- 
to  tho  (leelaratioii  tit 
f  Kiniberly,  hi h Ih lit- 
uary  10,  1871,  to  Lord 
it  "  tho  excluHJon  of 
a  fishoimen  from  re- 
I  Canadian  itortn,  ex- 
he  purpoHo  of  glieltor, 
opairin.i;  damii;;«ii 
)urch».Minfj  wood,  aiici 
wator,  might  bo  war- 
y  the  letter  of  the 
f  1818,   anil   by   the 
tho  Imperial  Act  159, 
(;hap.  88,   but  Her 
Government    foci 
state  that  it  Boom.i 
cxtromo  uieaHure 
nt  with  the  poncral 
Kiiipiro,  and  tlicy 
id  to  conootlo  this 
tho   United    States 
it   under  such    re- 
may  bo  necessary 
smuggling;,  and  to  > 
nst  any  substantial 
of     tho    exclasivo 
shing  which  may  bo 
Lritish  ouhjeets." 
lontendcd  that  tiie 
base  bait  and  sup- 
other  privilege  cf 
ven  by  tho  Treiity 
ther  was  any  auch 
lego  stipulated  I'ur 
he  Treaty  of  IS'il, 
•eaty  of  Wikshini;- 
Halifax  Corouiis- 
n  1877,  thirt  it  was 
lut  "  for  that  tribii- 
l  compensation  for 
iutercoarae    be- 
,wo  countries,  nor 
iu|;  bait,  ice,  sup- 


Ad  interim  Arrai^nnnent  prn- 
I,.  <rd  liy  the  United  Utatcii  Quo- 
aiitaent. 

AimCLB  V. 

i'lio  Gintirnment  of  Flor  Rrit- 

I  nunie  M:i.ii'Kty  agree  to  release 

I  (ill  fiiili  d  States'  llshing  vessels 

I  iiiiw  miller  seiziiro  for  failing  to 

I  ii'iidrt  at  cuHtoiii-liouses  when 

Bc'iking  hliolter,  repairs,  or  sup- 

1  iiliea,  ami  <<»  refund  all  Hoes  ex- 

I  ai  ted  for  Kuch  failuio  t"  repoit. 

I  And  the  lli;;h  Contracting  Tar- 

1  tiin  nKieo  tn  appoint  a   Joint 

I  CciiiiniisHion   to    asrortain    tho 

I  oniniMit  of  daniago   caused   to 

American  fishermen  during  tlm 

Mill- 1881) 'ly  seizure  and  detei.- 

iiim  in  violation  of  tho  Treaty  of 

I  181.'',  said  Commission  to  niaVo 

uwnrds  thciefor  to  tho  parties 

iiijiiroil. 

Ad  interim  Arrangeyncnt  pro- 
piised  by  the  United  States'  Gov- 

enihienl. 

AllTICLK  VI. 

The  Government  of  tho  United 

SI.1I1H  and  tho  Government  of 
Uerliritaiiuio  Majesty  agree  to 
(live  coiHiirrent  notification  and 
wMiiiin;,'  (if  Canadian  Customs 
Ui'^'ul.itions,  and  the  United 
Siiiti'D  agrees  to  admonish  its 
lishcimcu  to  comply  witli  tliem 
mill  co-operate  in  securing  their 
eufoicement. 


Ohiervatinni  on   Mr.    Hayard't 
2Ieinurandum. 


]ly  this  Article  It  is  proposed 
to  give  retrospective  effect  to  the 
unjustified  interpretation sou<:ht 
to  bo  placed  on  the  Convent  ion 
by  till)  last  preceding  Article. 

It  is  a»sunii'd,  without  disciis- 
sion,  that  all  United  Stiites'  fish- 
ing vessels  which  havo  been 
seized  since  the  expiration  of  tho 
Treaty  of  Washington  havo  been 
illegally  seized,  leaving,  as  tho 
only  question  still  open  for  con- 
sideration, the  amount  of  Uum- 
nges  for  whieh  tho  Canadian 
antboritios  are  liable. 

Such  a  proposal  appears  to  Her 
Majesty's  Government  quite  in> 
admissible. 

Obaervationf  on  2Ir.  Bayari't 
Memorandum. 


This  AnicU  calls  for  no  ie> 
mark. 


"pile*,  Slc,  nor  for  permlsiilon 
"  til  transship  cargoes  in  llrltiah 
"waters."  And  yet  this  (lov- 
cmnient  in  nut  aware  tlint,  dur- 
ing the  exlstrure  of  tho  Treaty 
of  1HD4  or  tho  Treaty  ot  Wash- 
ington, question  was  ever  made 
of  the  right  of  Annrican  tlshor- 
nieii  to  purchase  bait  and  other 
supplies  in  (Canadian  ports,  or 
that  such  privileges  were  over 
denied  them. 

Iteply  to  "  Obiervatli  n§  "  en  Pro- 
posal. 


Abticle  v. 

This  Government  is  not  dis- 
posed to  insist  on  the  precise 
form  of  this  Article,  but  is  ready 
to  Hubstituto  Iherel'or  a  siibmis- 
sion  toarliitiatiuu  in  more  gen- 
eral tortus. 


!■■■    -'•:,<■    -■      '^u'i-.^jrf 


.1  ,.-/.:/, J    .   r 


Appendix  A. 


Ill  sn'h  capacity,  your  jurisdiction  must  bo  strictly  confided  within  flie  limit  of  '  three  marine 
miles  of  any  of  tho  coasts,  bays,  creeks  or  harbors,'  of  ..'auada,  with  respect  to  any  acti  on  you  may 
lake  against  American  fishing  vessels  and  United  States  citizens  engaged  in  fishing.  Wliero  any  of 
Ihe  lia.\  s,  creeks  or  harbors  sliail  not  oxceou  ten  geographical  miles  in  width,  you  will  consider  that 
tlie  line  of  demarcation  extends  from  headland  io  headland,  either  at  the  ontrauco  to  such  bay,  creek 
or  li;ii  her,  or  from  and  between  given  points  on  both  sides  theroof,  at  any  place  nearest  tho  mouth 
where  the  shores  nro  less  than  ten  miles  ajiart;  and  may  exclude  foreign  fishermen  and  fishing  vessela 
tlieiefiom,  or  seize  if  found  within  three  marine  miles  of  tho  coast. 

"Jurisdiction. — Tho  limits  within  whieh  you  will,  if  necessary,  exorcise  the  power  to  exclude  United 
Slates  fishermen,  or  to  detain  American  fishing  vessels  or  boats,  are  for  the  present  to  be  exceptional. 
Dillidilties  have  arisen  in  former  times  with  respect  to  the  question,  whether  tho  exclosive  limits 


84 


THE    FI8HERIK8    QUKSTION.' 


h 


I 


!| 

I                ' 

1 

i5 

•bonltl  be  iiiuaHUrcd  on  IIiich  <1rawii  piiralli'l  ovurywlinni  to  tbi>  cnnnt  •iid  dcmciililuK  Iti  slnnoNtlioi,  or 
on  lines  pruducoil  from  liciidliinil  to  licucllaiid  hitohn  tliot'iitriiiiruM  of  bnyn,  criMikH  oi' liiirliorit.  Ilir 
lIiijKRty's  Uovernmmit.  aio  rlonrly  of  opinion,  tluit  liy  llio  (Nmvontlon  nf.lHlS,  tliu  rultnl  Hdilrg  liavo 
runoiincud  the  rlulit  ut'  tlHliinu  not  only  witliin  tliroi*  niibmof  th«  (Joloniul  Hlion-H,  liiit  uitliin  lliitn 
niilcH  of  a  lino  drnwn  hviohh  tli«  nioutli  of  any  liritiuli  bity  or  crct^k.  It  U,  liowcvcr.  tlio  niith  of  Ilir 
Mnjenty'a  Oovornment  noillior  to  couceilo,  nor  for  tint  ]ir<mi>iit  to  cnforco  nny  rli{litri  in  tliii  ronpi'd. 
wblcli  nro  In  tboir  uaturoopon  to  nny  HorioiiH  (lUUHtlon.  lentil  fiirtbnr  InHtrurtod,  tlioruforc,  yon  nili 
Dot  intfrfvru  with  any  Atnoricun  llHlirrmim  nnlcHH  found  witliiu  thrconilliifi  oftlio  hIioio,  or  wilbin  tliri'« 
nillcR  of  »  lino  drawn  ncroBH  thoniontbofa  bay  or  crock  which  U  Ichh  than  ten  Kco^rupliical  niilcxiu 
width.  In  the  caHo  of  any  other  buy,  nn  tlio  Day  do  CImhinrH,  for  u\amplu,  you  will  not  iidnilt  iiuy 
United  StatcH  tliibinK  vesael  or  boat,  or  any  Ainericau  (lubennen,  Insido  of  ii  lino  drawn  avroMsat  that 
part  of  auchbay  where  its  wiilthdoeB  not  exceed  ton  miles."    (SchhIou  Papers,  Vol.  Ill,  Nu.  0,  1870.) 

Appendix  B. 

"  In  such  capacity,  year  JiirUdlction  must  be  Htrictlyconfldi'4  within  tho  limit  of  'throoniarinonillfi 
of  any  of  the  coastH,  bays,  creeks  or  harbors '  of  (Janada,  with  respect  to  any  act  Ion  you  may  take  aguiust 
Aniericnn  tlsbinR  vcbhcIs  and  United  States  citizens  en^^a^ed  in  tlHJiinjr.  Where  any  of  tlio  ba.yn, 
creeks,  or  harbors  shall  not  exceed  six  gcographii  al  miles  in  width,  you  will  consider  that  thj)  lino  of  de. 
marcation  extends  from  headland  to  hoadlanil,  either  at  tho  entrance  to  sui^h  buy,  creek,  or  harbor,  or 
from  and  between  given  points  on  both  sides  tlieroof,  at  any  place  nearest  the  montli  where  the  shoroi 
are  less  than  six  miles  apart;  and  may  exclude  foreign  fishenneu  and  ILsbinK  vessels  thurelVom,  or  suizt 
U  found  withiu  threo  marino  miles  of  tho  coast. 

"  Jurwi/iction.— The  limits  witliln  which  you  will,  if  necessary,  exorcise  the  power  to  exchidoUnitiiil 
Rtates  llHhermcn,  or  to  detain  American  fishing  vessels  or  boats,  are  ior  the  present  to  be  cxeeptioim! 
DKllculties  have  arisen  In  former  times  with  respect  to  the  <ino.stiou,  whether  the  exclusive  liniitu 
should  bo  measured  on  lines  drawn  pacallol  everywhere  to  tlio  coast  and  describing  it.s  sinuosities,  or 
•  on  lines  (irodueed  from  headland  to  headland  across  tho  entrances  of  bays,  creeks  or  harbors,  IUt 
Majesty's  Government  are  clearly  of  opinion  that,  by  the  Convention  of  1«18,  tho  United  States  have 
renounced  tho  right  of  fishing  not  only  within  threo  miles  of  the  Colonial  shores,  but  witliin  tliroo  nillon 
of  a  line  drawn  across  tho  month  of  any  British  bay  or  creek.  It  is,  however,  the  wish  of  Her  Majesty's 
Government  neither  to  concede,  nor  for  the  present  to  enforce  any  rights  in  this  respect  wliieh  are  lu 
their  nature  open  to  any  serious  question.  Until  further  instructed,  therefore,  you  will  not  interliro 
with  any  American  flshermeu  unless  found  within  threo  miles  of  the  shore,  or  within  thren  miles  of  a  linu 
drawn  across  tho  mouth  of  a  bay  or  a  creek  which,  though  in  parts  more  than  six  miles  wide,  is  less  than 
elx  geographical  miles  In  width  at  Its  mouth.  In  the  cane  of  any  other  bay,  as  the  lUvi  des  Clialeuri 
for  example,  you  will  not  interfere  with  any  United  States  fishing  vessel  or  boat,  or  any  American  fluli, 
ermen,  unless  they  are  found  within  threo  miles  of  the  shore. 

"4c(ion.— You  will  accost  every  United  States  vessel  or  boat  actually  within  three  niaiino  miles  of 
tho  shore  along  any  other  part  of  tho  coast  except  Labrador  and  around  tho  Magdalen  Islands,  or 
within  threo  marine  miles  of  the  entrance  of  any  bay,  harbor,  orcroek  which  is  less  than  six  geogra])lii- 
calmilcs  in  width,  or  insideofa  lino  drawn  across  any  part  of  such  bay,  harbor,  or  creek  iit  po.iits  nearest 
to  the  mouth  thereof  not  wider  trt  than  a'<s.  geogr.aphical  miles,  and  if  eitlier  fishing  iiii'jiaringto 
fish  or  having  obviously  flshe  ithin  tho  exclusive  limits,  you  will,  in  occordanco  witli  the  above- 
recited  acts,  seize  at  once  any  vessel  detected  In  violating  tlie  law,  and  send  or  take  her  into  port  for 
condemnation;  but  you  are  not  to  do  so  unless  it  is  evident,  and  can  be  olearhj  proited,  that  the  offense  oj 
fithing  has  been  committed,  and  that  the  vessel  is  captured  within  the  prohibited  limits."  (Session 
Papers,  Vol.  IV,  No.  4, 1871. 

Appendix  C. — Tlie  secretary  of  state  for  the  cohnies  to  the  governor-general. 

DowNiso  Stbekt,  Octofier  10, 1870. 

Sib  :  I  inclose  a  copy  of  a  memorandum,  which  I  have  requested  Lord  Granville  to  transmit  to  Sir  E- 
Thornton,  with  instructions  to  communicate  with  you  befont  addressing  himself  to  the  Government  of 
Unite<l  States  on  the  subject  to  which  tho  memorandum  relates. 

Tho  object  of  Her  Majejjty 's  Government  is,  as  you  will  observe,  to  give  ofToct  to  tho  wishes  of  your 
Government,  by  appointing  a  joint  commission,  on  viiich  Great  Britain,  tho  United  States,  and  Canada 
aro  to  bo  represented,  with  tho  object  of  in(niiring  wliat  ought  to  bo  the  geographical  limits  of  the  es 
elusive  fisheries  of  the  British  North  American  colonies.  In  accordance  with  tho  understood  desire 
of  your  advisers  it  is  proposed  that  tho  inquiry  should  bo  held  in  America. 

Tlio  proposal  contained  in  the  last  paragraph  is  made  with  a  view  to  avoid  diplomatic  difliculties, 
which  might  otherwise  attend  the  negotiation. 
I  have,  etc., 


govcniorGeneral  the  Right  Hon.  Sir  John  Touno,  G.  C.  B.,  G.  C.  M.'O, 


KUIBEBLET. 


TilK    FISHERIES   QUESTION. 


Of) 


(  Hi  alnnOHtlpH,  or 
(>r  ImrUor*.  Hit 
lUltiMl  StiitPS  liavo 
,  liut  wllliiii  llircii 
r.  llin  wIhIi  of  llrr 
U  III  tliiH  roHpi'd. 
lluiiufon',  you  will 
>i(),  or  wllliiii  throe 
mrajilili'al  nilh'sin 
will  ii()t  iidnilt  liny 
awn  iicroHnat  llmt 
in,  No.  6,  1870.) 


'  tliroomnrlnorailM 
iminii.v  takoa;;iuuiit 
n  ony  of  tlio  Im.vH, 
•  that  till)  l'i>"  •*•''«■ 
citiok, or  harbor, (ir 
U  wliuro  the  sboroa 
I  thorcfiom,  or  suite 

or  to  oxclmlo  United 
t  to  hi!  oxooptioiml 
,ho  (ixclusivo  limit* 
lig  ItH  Biiiiiositli's,  or 
.a  or  luu'borH,     Her 
Unit  ml  States  have 
It  within  tl'.roo  niilos 
Ish  of  ITiir  Majesty's 
respect  which  arc  iu 
au  will  not  intorfi^rc 
I  three  miles  of  a  lino 
iloHwitlo.ls  less  than 
Ihe  H'l'j  den  i.'haleun 
any  American  lisli, 

hroo  marino  miles  of 

lla<;ilaleu  Islands,  or 

than  His  <;ro>;;ri'|il''- 

•li.  iit  iiointsneaii'st 

Isliinu',  pn'parin^to 

nco  with  tlio  above- 

lake  her  into  port  for 

cJ,  that  the  offennc  oj 

ti  liniita."    (Seasiou 


Vor-general. 

It,  October  10, 1870. 

I  to  transmit  to  Sir  E- 

1  the  Government  ot 

the  wishes  of  your 

;  States,  nnil  Canada 

Ileal  limits  of  the  ex 

Tie  understood  desiro 

Llomatic  difficulties, 


KlUBBULET- 


MemoranHiim  for  foreign  offlee  reipcctintj  a  comminsion  to  lettle  limili  of  tkt  right  c/et- 
ctunivejhhery  oh  the  coast  of  Urltish  North  Ameiica. 

"A  eon»en»lon  nimle  between  Oreat  Urltnln  »nrt  the  United  Statoi,  on  the  20th  October,  181R,  after 
ndurinif  I"  .\Mierle«n  flsh<«rinin  eertain  rl){lit«  to  bo  oxoroiscd  on  part  of  the  coast*  of  Newfoundland 
iHil  Liilini'l'ir,  proeeeded  as  fellows; 

"  '.Villi  lliii  I'niti'd  States  hereby  renounce  forever  any  liberty  heretofore  enjoyed  or  claimed  by  the 
iiiliiiliiliiMti  thereof  to  take,  dry,  or  euro  llsli  onnr  within  three  mllesof  any  of  the  coasts,  hays,  creeks, 
ur  harbors  el'  Ills  Urltannii^  Majesty's  dominions  iu  America  not  liicliuled  within  the  above  limits.' 

"The  liuht  ef  <iroat  Itritaln  to  exclude  /VinerlcMiu  tlshermou  from  wat«<rs  within  three  miles  of  the 
i'iin!«t  Is  uiiaiiiblKUous  and,  it  is  believed,  iineontested.  Itut  there  appears  to  he  some  doubt  what  are 
tjiii  waters  drscrihed  as  within  three  miles  of  bays,  creeks,  and  harbors.  When  a  bay  Is  li  -s  than  six 
iiiihw  hroiiil,  lis  waters  are  within  three  miles  limit,  and  therefore  dearly  within  the  raeaninft  of  the 
tri  atv ;  hilt  when  It  Is  more  than  that  breadth,  the  question  arUoa  whether  it  is  a  bay  of  Her  BrI  tannic 
.Miijiitt.v''"l"''i'uions. 

"  This  Is  o  (luostlon  which  has  to  be  considered  In  each  particular  case  with  regard  to  international 
l.iw  mill  usat'o.  When  such  a  hay,  etc..  Is  not  a  hay  of  Her  Majesty's  dominions,  the  American  Hsh- 
einiin  will  he  entitled  t«>  fish  In  it,  except  within  three  miles  of  the  '  coftsti'  '  when  u  U  »  bay  of  Her 
M;i{i'sty'H  dominions,'  they  will  not  be  permitted  to  fish  within  three  m.'lea  of  it;  that  is  to  say  (it  is 
iiri'Hiiniril),  within  three  miles  of  a  line  drawn  from 'headland  to  headland. 

"It  is  desirable  that  the  nritishand  American  Oovernments  should  come  toaclear  nnderstandin;"  in 
t!ieriuioof  each  bay,  creek,  or  harbor  what  are  the  precise  limits  of  the  exclusive  rights  of  Oreat 
Ilri|«in,  and  should  deflne  those  limits  in  such  a  way  as  to  he  Incapable  of  dls,')ute,  either  by  reference 
In  lb«  bearings  of  certain  headland,  or  other  objects  on  shore,  or  by  laying  the  lines  down  In  a  map  or 
iliiirt. 

"  With  this  object  It  Is  proposed  that  a  commission  should  be  appointed,  to  he  composed  of  repre- 
I  m'ntatives  of  Great  Britain,  the  United  States,  and  Canada,  to  hold  its  sittings  in  America,  and  to  re- 
jl„irlto  tlie  British  and  American  Oovernments  their  opinion  either  as  to  the  exact  geographical  limits 
jtn  whieh  tlie  renunciation  above  quoted  applies,  or.  If  this  found  I m practicable,  to  suggest  some  line  of 
ihlineiitioii  ahmg  the  whole  coast  which,  though  not  in  exact  conformity  with  the  words  of  the  con  ven- 
I  tiiiii.  may  appear  to  them  consistentln  substance  with  the  Just  rights  of  the  two  nations,  and  calculated 
I  to  I  eiiiovo  oixasion  for  further  controversy. 

"It  is  not  Intended  that  the  rosul  s  of  the  commission  should  necessarily  be  embodied  In  a  new  con- 
jventinn  between  the  two  countries  but  if  an  agreement  can  he  arrived  at,  it  may  be  sufflclent  that  It 
jslioiilil  1)0  in  the  form  of  an  understanding  between  the  two  Governments  as  to  the  practical  Intec- 
[t)ii!Utivu  whiob  shall  be  filven  to  tke  convention  of  1818."    (Session  Papers,  1871.) 


No.  322.  ' ' 

:  •  Mr.  Phelps  to  Mr.  Bayard. 

[Extract] 

Legation  op  the  United  States, 
London,  August  2,  1887.  (Received  August  13.) 
Sir  :  I  have  the  honor  to  acknowledge  the  receipt  of  your  instruction 
lof  tbo  ]2th  ultimo,  inclosing  two  copies  of  your  "  proposal  for  an  ar- 
liaiijjeinent,"  with  the  Canadian  "  okservations"  and  your  reply  thereto 
jlHiiiled  in  parallel  columns,  and  to  inform  you  that' I  have  commuui- 
Iciitud  a  copy  of  the  same  to  Lord  Salisbury. 

I  have,  etc..  E.J.Phelps. 

No.  325. 

,    Mr.  Bayard  to  Sir  L.  8.  Sackville  West 

Department  of  State, 

Washington,  December  11,  1886. 
SiE :  I  have  the  honor  to  acknowledge  your  note*  of  the  7th  instant, 
jwitli  which  you  communicate,  by  the  direction  of  the  Earl  of  Iddosleigh, 
la  copy  of  the  report  of  a  committee  of  the  privy  council  of  Canada, 


S.  Ex.  113- 


*  Printed,  p.  491  Foreign  Relations,  1886. 


I'' 


te:* 


66 


THE    FISUERIES    QUESTION. 


apr  roved  October  26  last,  wherein  the  regiet  of  the  Canadian  Govern- 
ment is  exjjresvsed  for  the  action  of  Captain  Quig'e.v,  of  the  Canarlian 
Governmeur  cruiser  Terror,  in  lowering  the  flag  of  the  United  States 
Ashing  schooner  Marion  Grimes  whilst  under  detention  by  the  customs  j 
uthorities,  in  the  harbor  of  Shelburne,  Nova  Scotia,  on  October  lUast, 
Before  receiving  this  conimunication  I  had  instructed  the  United  I 
States  minister  at  London  to  make  representation  of  this  regrettable  ] 
occurrence  to  Her  Majesty's  minister  for  foreign  affairs,  and  desire  now  ] 
to  express  ray  satisfaction  at  the  voluniaiy  action  of  the  Canadian  | 
authorities,  which,  it  seems,  was  taken  in  October  last,  but  of     hicb  I  j 
had  no  intimation  until  your  note  of  the  7th  instant  was  received. 
1  have,  etc., 

T.  F.  Bayard. 


No.  327. 


Sir  L.  8.  Saclvillc  West  to  Mr.  Bayard. 

Washington,  December  24,  1880.  (Received  December  27.) 
Sir:  With  reference  to  your  note*  of  the  11th  ultimo,  I  have  the  honor 
to  inform  you  that  I  am  requested  by  the  Earl  of  Iddesleigh  to  acquaint 
you  that  Iler  Majesty's  Governmer.t  have  desired  the  Canadian  Govern- 
ment to  furnish  them  with  a  report  on  the  circumstances  attending  the 
alleged  inhospitable  treatment  of  United  States  fishing  schooners  Laura 
Saptcard  and  Jennie  Seaoers  by  the  Canadian  authorities. 


I  have,  etc., 


L.  S.  Sackville  West. 


No.  328. 


Sir  L.  S.  Sackville  West  to  Mr.  Bayard. 

Washington,  January  6,  1887.  (Received  January  7.) 
Sir:  With  reference  to  your  letters!  of  the  19th  and  20th  October,  I 
have  the  honor  to  transmit  to  you  herewith  reports  from  the  Govern- 
ment of  Canada  relative  to  the  cases  of  the  United  States  fishing  vessels 
Pearl  Nelson  and  Everett  Steele,  which  I  have  been  instructed  by  the 
Earl  of  Iddesleigh  to  communicate  to  the  United  States  Government. 
I  have,  etc.,  >  ^    ^ 

L.  S.  Sackville  West. 


*    ,  [Incloanrel.]  '.[■h.}''-:  :;>'i  ''K  [,. 

The  Marquis  of  Langdowne  to  Mr.  Stanhope.''  '^—^^■^- - 

GovEiSNMKNT  House,  Ottawa,  JVoiJe?ft?)cr  29,  188G, 
SiK:  I  have  tho  honor  to  tranNinit  herewitli  ai  copy  of  an  approved  miuute  of  the 
privy  council  of  Canada,  furuisbiujj  the  rt^port  asked  for  in  your  telegrajihic  message 


*  Printed,  p.  425  Foreign  Relations,  1H86. 
tPrinted  p,  421  Foreign  Relations,  1886. 


THE    FISHERIES   QUESTION. 


67 


ot  tlio  (itli  Novombor,  with  rofereuco  to  tbo  detention  of  the  American  scLoouer  Everett 
Sttcic,  at  Shtlbnnie,  Nova  Scotia,  for  an  infraction  of  the  customs  regulations  of  the 
Dominion. 

1  have,  etc., 

Lansdowne. 


[Inclo8nre2.] 

Report  of  a  commHtee  of  thehonorahle  the  privy  council  for  Canada,  approved  by  Ma  excel- 
lency the  governor-general  in  council,  on  the  ISth  November,  1886. 

Tho  (.oiniuictoo  of  the  juivy  council  are  in  receipt  of  a  tolegiani  from  the  right  hon- 
or-'iblo  the  .secretary  of  state  for  the  colonics,  in  the  words: 

"Uiiitt'd  States  Goverumcnt  v'l'otest  ag.iinsS  proceedings  of  Canadian  authorities 
in  tlio  case  of  Pearl  Nelson  aud  E>'erelt  Steele,  said  to  have  put  into  Arichat  and  Shel- 
burne,  resi>ectively,  for  ])nrposct:  sanctioned  by  convention.  Particulars  by  post. 
Send  report  soon  as  possibh^" 

Thci  minister  of  marine  and  fisheries,  to  whom  the  telegram  was  rofl3rred,  submits 
thiit  the.  schooner  Everett  Steele  appears  from  the  report  of  the  collector  of  customs  at 
.slipll)nrno  to  have  been  at  that  port  on  the  25th  March  last,  and  sailed  witliont  re- 
nortiiifj.  f'n  lit^r  return  to  Slielburue  in  September  siie  was  detained  by  the  collector 
uf  r.nstdnus  for  an  infraction  of  the  customs  law. 

The  captain  having  assured  the  collector  that  he  had  been  misled  by  the  deputy 
liiirbor-niaster,  who  informed  him  his  vessel  could  remain  injiort  for  twenty-four  hours 
without  entering,  and  that  he  had  no  intention  of  violating  the  customs  regulations, 
this  statement  was  reported  to  the  minister  of  customs  at  Ottawa,  when  the  vessel 
was  at  once  allowed  to  proceed  to  sea,  and  that  no  evidence  is  given  of  any  desh'e  or 
intention  of  denying  to  the  captain  of  the  Everett  Steele  any  treaty  privileges  he  was 
entitled  to  enjoy. 

Tiio  committee,  concurring  in  the  above,  respectfully  recommend  that  your  excel- 
li'iR-y  lie  moved  to  transmit  acopy  of  this  minute,  if  approved,  to  the  right  honorable 
the  secretary  of  state  for  the  colonies. 

All  of  which  is  respectfully  submitted  for  your  excellency's  approval. 

John  J.  McGee, 

Clerk  Privy  Council, 


'        ■    ■"     '  [Iiiclosure  3.]  ^r-  -■     i         ',. 

The  Marquis  of  Lansdotone  to  Mr.  Stanhope.      ■' -'  ■ 

:;•.  ,  GovERXMKNT  House,  Ottawa,  iS^otemfter  29,  1886. 
Sin:  With  reference  to  your  telegrajdiic  message  of  the  Cth  instant,  asking  to  bo 
furnished  with  a  report  in  the  case  of  the  Pearl  Nehon  and  Everett  Steele,  I  have  the 
honor  to  transmit  herewith  a  copy  of  an  approved  minute  of  the  privy  council  of 
I'.iiiiida,  embodying  a  report  of  my  minister  of  marine  and  fisheries,  to  which  is  ap- 
jiemled  a  copy  of  the  correapoudeuco  which  has  passed  between  the  commissioner  of 
(iistonis  for  Canada  and  tho  Unite<l  States  consul-general  at  Halifax  relating  to  the 
i;aso  of  the  Amoricau  schooner  i'earZ  ^e/«on. 

I  have,  etc.,  , 

>---i  '•   Lansdowne. 


[Inolosnre  4.] 

Ueport  of  a  committee  of  the  honorable  the  privy  council  for  Canada,  approved  by  hia  excel- 
lency the  governor-general  in  council,  on  the  I8th  Novemher,  1886. 

Tlie  connnittoe  of  tho  privy  council  are  in  receipt  of  a  telegram  from  the  right  hon- 
orablo  the  secretary  of  state  for  tho  colonics,  in  the  wonls: 

"United  States  Government  protest  against  proceedings  of  Canadian  .authorities 
iucasoof  Pearl  X<^son  and  Everett  Steele,  said  to  have  put  into  Arichat  and  Shelburne, 
i;'s]iectively,  for  ])inposes  sanctioned  by  convention.  Particulars  by  post.  Send  re- 
I'di  f  soon  as  iiossiblo." 

Till)  minister  of  nmriiM*  and  lishories,  to  whom  the  telegram  was  referred,  submits  a 
o'ipy  of  a  letter  addn'ssed-  by  tho  conuuissioiier  of  cuKtoms  for  Canada  to  the  cousul- 
gi'ueral  of  tho  United  States  at  Halifax  ,and  also  a  co))y  of  Mr.  Phelan's  reply  thereto. 

Tho  minister  suumits  that  it  is  clear,  from  Captain  Kempt's  atlidavit,  that  he  was 
Kiiilty  of  ail  infraction  of  tho  customs  rognhitious  in  allowing  men  to  laud  from  his 
vc88"l  bofon>  siie  had  been  reported,  and  tho  niiuister  of  customs  having  favorably 


fp 


1 


hi 


68 


THE   FISHERIES   QUESTION. 


consiflerefl  Ciiptain  Kompt's  rcprcsentatioi     ,is  to  his  ignorance  of  the  cnstoms  regn. 
lations  rcquirius  that  vessels  nlioul(l  be  roported  before  landing  either  men  or  cargo  I 
therel'roni,  has  remitted  the  line  of  $2W  which  had  been  imposed  in  the  case  of  the  | 
American  selionner  Pi'.arl  NeUon. 

The  minister  fnrther  submits  that  it  would  appear  from  the  collector  of  customs' 
rc])ort  that  his  remark  that  "he  would  seize  the  vessel"  hiid  reiV^rence  solely  to  Iitr  j 
violatiiou  of  the  customs  law,  and  that  no  evidence  is  given  of  any  desire  or  intention  i 
of  denying  to  the  captain  of  the  Pearl  NeUon  any  treaty  privileges  he  was  entitled  to  | 
enjoy. 

The  committee,  concurring  in  the  above,  respectfully  reconunend  that  your  exee!- 
lency  be  moved  to  transmit  a  copy  of  this  minute,  if  approved,  to  the  right  honorable  ] 
the  secretary  of  state  for  the  colonies. 

All  which  is  respectfully  submitted  for  your  excellency's  approval. 

John  .1.  McGek, 
Clerk  I'rivy  Council,  Canada, 


,  [luclosuro  5  I  ■  -    .■  , 

.■.'•.■■    t>      ,    ■  \   •  ■  *"  *  ■;-■.•,■■;'■,.    '.,■■■ 

*  -         ■'  V  ,      ■  ■..,  ,,  ,'|        .  .  '.     ■       .    J-  -J 

'  •  Mr,  Parmelee  to  Mr.  Pliclan.  ;- 

Ottawa,  October  22, 188^. 

Sir  ;  I  have  the  honor  to  acknowledge  the  receipt  of  your  letter  of  the  11th  instant, 
re  seizure  of  the  American  schooner  iVarJ  J^'tisoH  for  au  infraction  of  the  customs  | 
laws,  etc.         • 

The  commissioner  of  customs'  report  in  connection  with  this  matter,  which  has  been  | 
approved  by  the  minister  of  customs,  reads  as  follows: 

"  The  undersigned,  having  examined  this  case,  has  come  to  the  conclusion  that  the  I 
cai)tain  of  the  vessel  did  violate  the  provisions  of  sccticms  '25  and  180  of  'the  cus- 
toms act,  iHdJJ,'  by  landing  a  number  of  his  crew  before  going  to  the  custom-house  to  I 
re|)ort ;  that  his  plea  of  having  come  into  port  solely  from  stress  of  weather  is  incon- 
sistent with  the  circumstances,  and  is  denied  by  the  collector  of  customs,  who  reports  I 
that  '  the  night  was  one  of  the  finest  and  most  moderate  experienced  there  this  sum- 
mer,' and  that  '  his  crew  were  landed  only  in  the  morning.'     That  even  if  the  '  stressi 
of  weather'  plea  was  sustained  by  facts  it  would  not  exempt  him  from  the  legal  re- 
quirement of  reporting  his  vessel  before  'breaking  bulk'  or  landing  his  crew,  audit 
is  evident  that  there  was  nothing  to  hinder  his  reporting,  as  the  crew  appear  to  have! 
had  no  difliculty  in  handling  the  vessel's  boats ;  that  it  was  very  easy  for  the  crewiir  j 
any  of  tikem  to  have  taken  valuable  contraband  goods  ashore  on  their  persons  in  tiiel 
absence  of  any  customs  ollicer  at  the  landing-place.     Inasmuch,  however,  as  there  isl 
no  charge  of  actual  smuggling  preferred  against  the  vessel,  the  undersigned  respect-f 
fully  recommends  that  the  deposit  of  $200  be  refunded,  deducting  therefrom  any  ex-j 
peuses  incurred. 

"J.  Johnson.'' 

I  trust  the  above  may  be  considered  a  satisfactory  answer  to  your  letter  referred  to,| 
I  have,  etc., 

W.  G.  Parmelke, 

Assistant  Commiasioncr, 


[Inclosure  0.1 

Mr.  Phelan  to  Mr.  Parmelee, 

Halifax,  November  2, 1880. 
Sir:  I  have  the  honor  to  acknowledge  the  receipt  of  your  comnntnicatinn  of  th(| 
22d  ultimo,  concerning  the  action  of  the  cusionisd(!|)artnient  of  Canada  in  the  case  ofl 
the  American  Rchoonor  Pearl  Nelson,  and  to  say  I  was  much  pleased  at  the  decisioDl 
arrived  at  in  that  case.  I  have  informed  the  Government  of  the  United  States  tbat| 
the  fine  in  the  case  referred  to  was  ordered  to  be  refunded. 

I  have  also  to  say  that  the  Department  of  State,  in  acknowledging  the  receii)t  oil 
a  dispatch  from  me  setting  forth  that  you  had  jjlaced  all  the  pai)ers  in  the  canes  ofl 
the  American  schooners  Crittenden  awA  llulbrookiu  my  I'lnds  for  itenisal,  said:  "Tbi 
attonfion  of  Mr.  Parmelee  in  referring  the  matter  to  y</U  is  appreciated.     It  showsil 
proper  spirit." 

I  trust  the  department  uf  customs  will  pass  ou  the  other  cases  as  suou  as  possible.! 
I  have,  etc. 

M.  H.  Phklan, 
Consul-Gencral 


THE   FISHERIES   QUESTION. 


69 


,  which  has  been  I 


:Mo.  329. 

Sir  L.  8.  SacJcville  West  to  Mr.  Bayard. 

British  Legation, 
Washington,  January  \{i,  1887.     (Received  January  21.) 

Sir  :  With  reference  to  your  note*  of  the  23(1  of  September  latst,  I  bave 
the  honor  inclose  to  you  herewith  a  copy  of  a  dispatch  from  the  gov- 
oniorgeneral  of  Canada  to  Her  Majesty's  secretary  of  state  for  the 
colonies,  inclosing  a  report  from  his  Governmout  on  the  case  of  the 
United  States  fishing  vessel  Crittenden. 


1  hay. 


I  (jlG** 


L.  S.  Sackville  West. 


[Inclosaro  1.1 

Lord  Lanadowne  to  Mr.  Stanhope, 

Canada,  Government  Housb, 

Ottawa  December  4,  188(5. 
8iR :  In  reply  to  yonr  dispatch  of  the  12th  of  Ottober  last,  trausmitf  ing  a  copy  df  a 
Iftttcr  with  its  inclosuro  from  the  foreigu  oflico,  rciniestiiig  to  be  furnished  with  a  ro- 
jiort  in  the  case  of  the  United  States  tiHhin*^  vessel  Crittenden,  I  have  the  honor  to 
forwiird  herewith  a  copy  of  an  approved  niinnte  of  the  orivy  council  of  Canada  etu- 
bodyinij  a  report  of  my  minister  of  marine  and  fisheries,  to  which  is  appended  a  state- 
ment of  the  customs  officer  at  Steep  Creek  on  the  subject. 
I  have,  etc., 

;,  Lansdownk. 


[Inclosnre  2.] 

Certified  copy  of  a  report  of  a  committee  of  the  honorable  the  privy  council,  approved  by  his 
excellenoy  the  goinrnor-general  in  council,  on  the  lath  November,  lHe!6. 

The  committee  of  the  privy  council  have  had  nnder  consideration  a  dispatch,  dated 
VHh  October,  1886,  from  the  secretary  of  state  for  the  colonies,  transiiiittinjj;  a  copy 
(It'll  letter  from  Mr.  Bayard,  United  States  Secretary  of  State,  to  the  British  minister 
lit  Washin.;ton,  calling  attention  to  an  alleged  denial  of  the  rights  guaranteed  by  (he 
couvcntion  of  1818  in  the  case  of  the  American  tishing  schooner  Crittenden  by  the  cus- 
toms othcer  at  Steep  Creek,  in  the  Straits  of  Canso,  Nova  Scotia. 

The  minister  of  marine  and  lishcries,  to  whom  the  dispatch  and  inclosnre  Avere  re- 
IVrrt'd,  submits  a  statement  of  the  customs  officer  at  Steep  Creek,  and  observes  that  the 
i-'iiptain  of  the  Crittenden  violated  the  customs  laws  by  neglecting  to  enter  his  vessel, 
as  requested  by  the  customs  offlrser,  and  landing  and  shipping  a  man  clearly  exceeded 
iiiiy  treaty  provision  he  was  enfitled  to  avail  himself  of. 

it  would  appear  that  the  remark  made  by  the  customs  officer  "  that  he  would  seize 
the  vessel"  had  reference  solely  to  the  c  itaiu's  violation  of  the  custoius  regulations, 
and,  the  minister  submits,  cannot  be  construed  into  a  denial  of  any  treaty  privileges 
tl'.i!  master  was  entith  H  to  enjoy. 

The  committee,  concu  ing  in  the  above,  respectfully  rccommen<led  that  yonr  ex- 
cellency be  moved  to  iui  in  the  right  honoraWIe  the  secretary  of  state  foi  the  colo- 
nics in  the  sense  of  the  p     irt  of  the  ministry  of  marine  and  lishcries. 

All  which  is  respectfully    ubmitted  for  your  excellency's  approval. 

John  J.  McGr.K, 
!  *  '  ,     ^  ^  Clerk  Frivy  Council. 


soon  as  poss 


..   .*    .  [IncloRure  3. 1 

■  Mr.  Carr  to  tlie  Minister  of  Marine  and  Fisheries. 

Steep  Creek,  Xovember  1,  1886, 
Sir:  Yours  of  the 28th  of  October  came  to  hand  to-day,  and,  in  reply,  can  state  to 
yoii  that  part  of  the  crew  of  the  schooner  Crittenden  came  on  shore  at  Stet>p  Creek 
and  lauded  their  barrels  and  till  them  with  water.    I  went  direct  to  the  men  who 


'Printed  j).414  Foieigu  Eelations,  1686. 


i 


pip 


70 


THE   FISHERIES   QUESTION. 


were  lilling  the  barrels,  and  tolil  thom  to  como  and  enter  before  taking  wood  imn 
water.  They  said  they  would  not  enter  or  make  any  report.  I  told  them  that  1 
would  seize  the  schooner  Crittenden  for  violating;  tin*  customs  laws.  They  said  they 
would  risk  that,  as  the  schooner  was  now  out  of  (ho  way  about  .'?  miles  from  niy 
station  down  the  straits,  and  it  was  impossible  for  mo  to  board  the  vessel.  They  also 
landed  a  man  the  same  day  with  his  eU'ects,  and  on  their  return  from  Gloucester  to 
the  Bay  St.  Lawrence  they  shipped  a  man.  Was  lookingout  for  the  vessel,  l)ut  could 
not  catch  her.  I  reported  tho  case  to  the  collector  of  customs  at  Port  Hawkesbury, 
and  on  tho  schooner  Crittendcn'8  return  from  the  Bay  St.  Lawrence  she  was  seiziMl, 
and  Collector  Bourinot  frot  tho  aflidavits  of  the  captain  of  the  said  schooner  and  ahn 
of  some  of  the  crow,  which  ho  stated  to  tho  department.  I  was  in  tho  office  at  tho 
time  when  Collector  Bourinot  received  a  telegram  from  tho  department  to  release  the 
schooner  Crittenden  ou  tho  deposit  of  $400. 
I  remain,  etc., 

James  H.  Cakr, 

Pro  Collector, 


No.   330. 


IL> 


l'  ■■::':« 


ir 


Mr.  Bayard  to  Sir  L.  S.  Suclcville  West. 

I        '■  Department  oy  State, 

•  i       ,       '    •  ■     V  .  Washiufjton,  January  27,  1SB7. 

Sir  :  I  have  the  honor  to  inclose  a  copy  of  an  aiHdavit  of  the  captain 
and  two  members  of  the  crew  of  the  schooner  Sarah  II.  Prior,  of  Bos- 
ton, statin;;  the  refusal  of  the  ijaptain  of  the  Canadian  revenue  cutter 
Critic  to  ])ermit  the  restoration  to  the  former  vessel,  in  the  port  of  Mal- 
petiue.  Prince  Edward  Island,  of  her  large  seine,  which  she  had  lost  at 
sea,  and  which  had  been  found  by  the  captain  of  a  Canadian  vessel,  who 
ollered  to  return  the  seine  to  the  Prior,  but  was  prevented  from  doing 
so  by  the  captain  of  the  Critic. 

Tliis  act  ./f  prevention,  tiie  reason  for  which  is  not  disclosed,  practi- 
cally disabled  the  Prior,  and  she  was  compelled  to  return  home  without 
having  completed  her  voyage,  and  in  debt. 

I  have  the  honor  to  ask  that  Her  Majesty's  Government  cause  inves- 
tigation of  this  case  to  be  made. 

I  have,  etc.,  '-':■  T.  F.  Bayaed. 


[Incloaure  1.]  t  .■•:     i  :;.,:  Ja  :^;  f    . 

•         ;  ..     Mr.  Pnor  to  Mr.  Bayard,     i     ; 

Boston,  December  28,  1886. 
Dear  Sir  :  I  wrote  to  Senator  W.  P.  Frye,  setting  forth  in  my  letter  tho  facts  cou- 
taiueil  in  the  affidavit  inclosed.  Ho  wrote  me  to  have  it  sworn  to  and  to  soud  it  to 
yon,  which  I  have  <lone.  Will  you  please  let  mo  know  what  course  is  best  to  pursno 
in  refjard  to  it,  whether  to  enter  a  claim  or  not  ?  I  think  it  is  a  clear,  stroujr  case,  aud 
the  claim  would  be  a  just  one,  and  will  bo  pleased  to  receive  your  advico  in  tho  matter. 
Yours,  very  truly, 

P.  H.  PlUOR. 


[IncloHore 2.]  '  ■. 

Affidavit  of  the  captain  and  creiv  of  the  schooner  Sarah  II,  Prior. 

On  this  128th  day  of  December,  A.  D.  188fi,  personally  appeared  before  me  Captain 
Thoums  McLangliVm,  master,  and  George  F.  Little  and  Charles  Finnegan,  two  of  tlio 
crew  of  the  schooner  Sarah  II.  Prior,  of  Boston,  and  being  duly  sworn,  signed  ami 
niiide  oath  to  the  following  statement  of  facts: 

On  September  10,  1H8C,  the  schooner  Sarah  H.  Prior,  while  rnnning  for  Malpeqne, 
Priuco  Edward  Island,  and  about  seven  miles  from  that  port,  lost  her  large  seiue. 


THE   FISHERIES   QUESTION. 


71 


Four  days  afterwards  tlio  schooner  John  IiujuUx,  of  Halifax,  N.  S.,  Captain  Wolfe, 
caiue  into  Malpequo  and  bad  the  seine  on  board,  which  she  had  picked  up  at  seu. 
Captain  VVoIi'c  ottered  to  deliver  the  seintito  Captain  McLanj^liliii  in  consideration  of 
tweuty-fivo  dollars,  which  offer  the  latter  accepted  and  paid  him  the  money.  The 
Canadian  revenue  cutter  C'riiio,  Captain  McLearn,  waslyiiif;  at  MalptMineatthe  tinre, 
and  Captain  McLaughlin  wont  to  see  him,  to  ascertain  if  there  W(mld  l>o  any  trouble 
in  delivering  the  seine.  Captain  Mcljcarn  would  not  allow  tlie  captain  of  the  .7o//n 
Inqalh  to  give  up  the  seine,  so  the  latter  returned  the  twenty  live  dollars  to  Captain 
McLaughlin. 

The  schooner  Sarah  H.  Prior  had  two  seines,  one  large  and  one  small  size.  It  was 
the  largo  one  which  she  lost  and  the  schooner  John  Inf/alh  picked  up.  She  had  to 
leave  Malpeque  without  it,  and  consequently  came  homo  with  a  broken  voyage  and 
in  debt. 

Tiios.  McLaugiiun. 
G.»;ouGK  F.  Little. 

'  ,     '^  CUAULKS  FlXXKGAN. 

SUFFOtK,  H8  •• 

BosTOX,  December  28,  1886. 

Personally  appeared  before  me  Thoma.s  McLanphlin,  George  F.  Little,  and  Charles 
Finnegan,  who  signed  and  made  oath  that  the  foregoing  stfttoment  was  true. 
[seal.]  Charles  W.  Hallstrain, 

A'olary  I'ublio, 


No.  331.  .       '       '     A 

Sir  L.  S.  SacTcville  West  to  Mr.  Bayard. 

Washington,  January  28,  1887.    (Received  January  29.) 
Sir:  I  liave  the  honor  to  acknowledge  the  receipt  of  your  note  of 
yesterday's  date,  and  to  inform  you  that  I  have  submitted  the  case  of 
the  American  schooner  Sarah  H.  Prior  to  Iler  IMajesty's  Government 
for  iavestigation,  as  requested  by  you. 

I  have,  etc.,  L.  S.  Sackville  West. 


p.  H.  Piuoii. 


-  ""^'■■^. ■civT- -'.-"■'    No. 332.  .;. :::-f;"^ :?::;"";;■...,;■'■':, . 

t     Sir  L.  S.  SacTcville  West  to  Mr.  Bayard,    a        • 

Washington,  January  28,  1887.  (Received  January  29.) 
Sir  :  With  reference  to  your  note*  of  the  20th  of  May  last,  I  have  the 
honor  to  transmit  to  you  herewith  copy  of  a  report  by  the  minister  of 
justice  of  the  Dominion  of  Canada  upon  the  seizure  of  the  American 
flsJiiug  vessel  David  J.  Adams,  which  I  am  instructed  by  Uor  Maj- 
esty's principal  secretary  of  state  for  foreign  alfairs  to  (iominunicate  to 
the  United  States  Government. 

1  have,  etc.,  L,  S.  Sackville  West. 


[Inolofare  1.]      ,.'./.-      v            ^                    '■  v 
The  Marquis  of  Lansdoipne  to  Mr,  Stanhope.  .    -         

GOVERWltfKXT  HODSE,  OTTAWA, 

Novcmlcr  9,  IHtiG.     (Received  November  22.) 
Sir:  With  reference  to  Earl  Granville's  dispatch  of  the  24th  June  last,  rcspectinjj 
tbe  fisheries  question  and  inclosing  copies  of  two  letters'  from  the  foreign  ottlco  and 
one  from  the  United  States  minister  in  London,  addressed  to  the  secretary  of  state 

T-    II     ■■.     ■  II.    ■    II...— ■■■■-    -^^»l  i  ...  —      -  . ■  ..  -.     ....—  .       ...I. .  ■■.      I    II       !■        I    ■■  II— I.       IM  ■     I    i         I«I«IB» 

*  Printed  page  377,  Foreign  Relations,  1680. 


I 


72 


THE   FISHERIES   QUESTION. 


i'or  Inrciu:!!  iiU'iiirs,  I  Iiiis'i*  tin)  honor  to  trniisniit  liorowitli  n  copy  of  an  niyprovrd  min. 
iile  of  tin-  ])iivy  cotiiicil  of  C'iuiiulii  coiienrriii'^  in  a  r^iwirt  of  tlio  luiniHlcr  of  justice  I 
(U'iiliiijt  witli  tln»  iiointH  laiHCfl  by  Mr.  Phelps  in  his  uoto  of  the  5iil  Juno  last  on  the  j 
snhjiuit  of  the  seizure  of  the  United  States  fishing  vessel  DavidJ.  Adams,  near  Digby, 
Mova  Scotiu. 

I  have,  etc., 

Lansdownb. 


'i. '  I 


[iDcIoRnro  2.] 


1 1 1  < 


•I 

_ '  ' *■ 

lea 


m^ 


Cerfifed  copi/  of  a  report  of  a  committee  of  the  honomhle  the  priry  council  for  Canada, 
approved  by  his  excellency  the  administrator  of  the  Government  in  council  on  the  iid  Ao- 
vember,  1886. 

The  committee  of  tho  privy  conncil  have  had  under  consideration  a  dispatch  dated  | 
iilth  Jnne,  IbBli,  from  the  right  honorable  tho  secretary  of  state  for  tho  colonies  resix-ct- 
ing  the  lislierie.s  question,  and  inclosing  copiesof  letters  on  the  subject  from  the  foreign 
ollice  to  tho  colonial  oliico,  and  of  one  from  Mr.  i'heliis  to  the  secretary  -^f  state  lor 
loreign  affairs. 

The  minister  of  justice,  to  whom  tho  dispatch  and  inclosures  were  referred,  sub- 
mits  a  report  thereon  herewith. 

The  committee  concur  in  the  said  report,  and  advise  that  your  excellency  he  moved 
to  transmit  a  copy  thereof,  if  approved,  to  tho  right  honorable  the  secretary  of  state  I 
for  the  colonies. 

All  of  which  is  submitted  for  your  excellency's  approval. 

•  John  J.  McGee, 

,1    ;  1  '  '.,        Clerk  Frivy  Council,  Canada, 


[Inclosuie  3.] 
Report  of  the  Minister  of  Justice. 


.il.C,vi.,fc, 


Department  OF  Justice,  Ottawa-, 

July  22,  1886. 
To  his  Excellency  the  Jdministrator  of  the  Gorcrnment  in  council: 

AVith  reference  to  the  dispatch  of  the  24th  Juno  last  from  the  secretary  of  state  for 
tli(!  colonies  to  your  excelloucy,  respecting  the  fisheries  question,  and  inclosing  copies 
of  letters  on  tho  subject  from  the  foreign  ofHceto  tho  colonial  oflico  and  of  one  from 
Mr.  Phelps  to  the  secretary  of  state  for  foreign  affairs,  the  undersigned  has  the  honor 
to  report  as  follows : 

The  letter  of  Mr.  Phelps  seems  designed  to  present  to  Earl  Rosobery  the  case  of  the 
David  J.  Adams,  the  fishing  vessel  seized  a  short  time  ago  near  Digby,  in  the  province 
of  Nova  Scotia. 

Mr.  Phelps  intimates  that  he  has  received  from  his  Government  a  copy  of  the  re- 
port of  tho  ccnsul-gen<i|ral  of  the  United  States  at  Halifax,  giving  full  details  and 
<lei)osition8  relartiug  to  the  seizure,  and  that  that  report  and  the  evidence  annexed  to 
it,  appear  fully  to  sustain  the  points  which  ho  had  submitted  to  Earl  Rosehery  at  au 
interview  which  ho  had  had  a  short  time  bel'oro  tho  date  of  his  letter. 

Tho  report  of  the  consul-general  and  the  depositions  referred  to  seem  not  to  have 
been  presented  to  Earl  Rosehery,  and  their  contents  can  only  he  inferred  from  the 
statements  made  in  Mr.  Phelps's  letter. 

These  statements  appi  >•  to  ho  based  on  the  assertions  made  by  the  persons  inter- 
ested in  the  vessel  by  way  of  defense  against  the  complaint  under  which  she  was 
seized,  hut  can  not  be  regarded  as  presenting  a  full  or  accurate  representation  of  the 
case.  The  undersigned  submits  tho  facts  in  regard  to  this  vessel  as  they  are  alleij^d 
by  those  on  wliose  testimony  the  Government  of  Canada  can  rely  to  sustain  the  seiz- 
ure and  detention. 


THE   OFFENSE  AS  TO  THE  TREATY  AND  FISHERY  LAWS. 

The  David  J.  Adams  was  a  United  States  fishing  vessel.  Whether,  as  alleged  in 
lier  behalf,  her  occnjiation  was  deep-sea  fishing  or  not,  and  whether,  as  suggested,  she 
had  not  been  engaged,  not  was  intended  to  be  engaged,  in  fishing  in  any  limit  pre- 
scribed by  the  treaty  of  1H18  or  not,  are  qnestions  which  do  not,  in  tho  opinion  of  the 
undersigned,  affect  the  validity  of  the  seizure,  and  of  tho  proceedings  subsequent 
thereto,  for  reaeona  'whioU  will  be  beieafter  stated,  but  in  eo  fur  aa  tiiey  may  be  deeued 


THE   FISHERIES   QUESTION. 


73 


Lansdowne. 


e  referred,  sub- 


material  to  tlio  dcfonsc  they  .'iro  qtiestioiiH  of  fact,  which  rciiiaiu  to  Ito  proved  in  the 

nco-fiiliiiiralty  nonrt  at  Hiilitiix,  in  whicli  tli<i  procci'dinKH  lor  Hie  vcHmd'H  condeninii- 

Itioii  ai'ii  pt'iulinjr,  and  in  rcHiicct  of  wliicli  proof  Ih  now  Ix-inj^  taken,  and  inaHnnichiiH 

Itlii'  tiiid  '"'"  ""''  '"'*-'"  eonc^Indcd  (niiicli  Icmm  a  deeJHlon  reaclicd),  it  is  pi'rhiips  pnnia- 

Itnro  for  Ml'.  I'helps  to  claim  llm  restoration  of  tlio  vcssi-I,  and  to  assiu't  a  rifjlit  to 

Idamai'cs  for  lier  detention,  on  tlni  aKsnniplion  of  the  Hnppo.scd  faetH  lietorerefcired  to. 

I     It  i8iill('f^<'<l  in  the  eviden"e  on  belialf  of  Iho  iiroKcciition  tliat  the  IhirUl  •!.  Adams, 

Ihciii '  a  United  States  lislunj^  vessel,  on  tlm  niornin<;  of  thti  M\\  of  May,  IHHCJ,  was  in 

Iwii.'.r  is  called  the  Annapolis  ISahin,  which  is  a  liarlior  on  the  norlh\v<'st  <'<iastof 

Ko\ii  Scotia.    Mho  was  several  miles  witliin  the  liasin,  and  tlujexcnse  snj^ffcslcd  (that 

the  v'uptiii"  and  cr(^w  may  have  been  tlw^re  tIiron{;h  ii  niisa|ii)rclw'nHi<)n  as  to  the  lo- 

ciililN )  hy  the  words  of  Mr.  Phtdps's  letter,  "  Dighy  is  a  small  tibhiiiir  s(at  lenient,  and 

its  liin')or  not  defuuHl,"  is  unworthy  of  nuicli  consideration. 

DJirliN  is  not  a  lishing  settlement,  althounh  some  of  the  t>eople  on  the  nei^jhhoring 
hIioivs  cnj,'a<;o  in  iishinj?.  It.  is  a  town  witli  a  iiopulat ion  of  ahoiit  "2,000  jiersons.  Ita 
Larliiir  is  formed  hy  the  Aninipolis  Hasin,  which  is  a  larn;e  inlet  of  the  Hay  of  l-'iindy, 
1  and  the  entrance  to  it  consists  of  a  narrow  strait  nu'.rked  by  conspicuous  lieaiUands, 
wliieli  are  little  more  than  a  ndle  apart.  The  entrance  is  called  "  Dij.;by  Gut,"  and 
for  all  ])uri)ose8  connected  with  this  inquiry  the  harbor  is  one  of  the  best  dedued  ia 
j  America. 

The  IhirUlJ.  Adnma  was,  on  the  morning  of  the  5th  day  of  May,   1880,  as  has 

i  already  i)een  stated,  several  miles  within  the  Gut.     She  was  not  there  for  the  purpose 

of  "shelter,"  or  "repairs,"  nor  to  "  ptiridiase  wood,"  nor  to  obtain  water.     .She  ro- 

uiaiiied  there  durinjf  the  ."ith  and  the  (ith  of  May,  1H8G ;  she  was  lying  at  anchor  about 

biilf  ainile  from  thci  shore,  at  a  locality  called  "Clements  West." 

On  the  morning  of  the  Gth  of  May,  18fl),  the  captaiu  niadoapidication  to  the  owners 
of  a  fishing  weir  near  where  he  was  laying  for  bait,  and  purchased  4i  barrels  of  that 
article.  Ho  also  purchased  and  took  on  board  about  two  tons  of  ice.  While  waiting 
at  anchor  for  these  purposes  the  name  of  the  vessel's  "  hailing  place"  was  kept  cov- 
ered by  canvas,  and  this  concealmeut  continued  while  she  afterwards  sailed  down 
past  liigby. 

Oneof  the  crew  rej)re8onted  to  the  persons  attending  the  weir  that  the  vessel  he- 
longed  to  the  neighboring  province  of  Now  Brunswick.  The  captain  told  the  owner 
of  the  weir,  when  the  treaty  was  spoken  of  by  the  latter,  that  the  vessel  was  under 
British  register.  The  captain  said  he  would  wait  until  the  next  morning  to  get  more 
bail;  from  the  catch  in  the  weir  which  was  expected  that  day.  At  daybreak,  how- 
ever, on  the  morning  of  the  7th  of  May,  18^(5,  the  Government  sle.amer  Lavxdowne 
arrived  ofl'  Digby,  and  the  David  J.  Adams  got  under  way  without  waiting  to  take 
in  the  addil  ioiial  supply  of  bait,  and  sailed  down  the  basin  towards  the  Gtit. 

IJi'fore  she  had  passed  Digby  she  was  boarded  by  the  tirst  orticer  of  the  J.atisdowne, 
and  to  him  the  captain  made  the  following  utatement :  That  ho  had  come  to  that.  i)laoe 
to  Bco  his  people,  as  he  had  formerly  belonged  there;  that  he  had  no  fresh  bait  on 
board,  and  that  he  was  from  the  "  Banks,"  and  bound  for  Eastport,  Me.  The  oflicer 
of  the  Lansdowiie  told  him  he  had  no  busiuess  there,  and  asked  him  if  he  knew  the 
law.    His  reply  was,  "  Yes." 

A  few  hours  afterwards,  and  while  the  David  J.  Adams  was  still  inside  the  Gut, 
tL(!  oflicer  of  the  Lansdoivtie,  ascertaining  that  the  statements  of  the  ca]>tain  were 
iintnie,  and  that  bait  had  been  i)nrcha8ed  by  him  within  the  harbor  on  the  previous 
(lay,  retnrned  to  the  David  J.  Adams,  charged  the  captain  with  the  offense,  and  re- 
ceived for  his  reply  the  assertion  that  the  charge  was  false,  and  that  the  persim  who 
g.ivo  the  information  was  a  "  liar." 

The  ollicer  looked  into  the  hold  of  the  vessel  and  found  the  herring  which  had  been 
purchased  the  day  before,  and  which,  of  course,  was  perfectly  fresh;  but  the  captain 
declared  that  this  "  bait"  was  ten  days  old. 

The  ollicer  of  the  Lansdowiie  returned  to  his  ship,  reported  the  facts,  and  went 
agaia  to  the  Adams,  accomi)anied  by  another  ofBcer,  who  also  looked  at  the  bait. 
Both  retiirned  to  the  Lansdowiie,  aiul  theu  conveyed  the  Adams  the  direction  that 
sho  should  como  to  Digby  and  anchor  near  the  Lansdowiie.  This  was,  in  fact,  the 
seizure. 

These  are  the  circnmstanccs  by  whicli  the  seizure  was,  in  the  opinion  of  Mr.  Phelps, 
''much  aggravated,"  and  which  make  it  seem  very  apiiarent  to  Inm  that  the  seizure 
"  was  not  made  for  the  imrpose  of  enforcing  any  right  or  redressing  any  wrong." 

The  fact  that  the  seizure  was  preceded  by  visitations  and  searches  was  due  to  the 
statements  of  the  master  aud  the  reluctance  of  the  olllcers  of  the  Lansdowiie  to  ea- 
forco  the  law  until  they  had  ascertained  to  a  demonstration  that  theoti'cUBO  had  been 
comuiitted  and  that  the  captain's  statements  were  uutrue. 


TUE  OFFENSE   A8  TO  CUSTOMS  LAWS. 


The  David  J.  Jdawa,  as  already  stated,  was  iu  harbor  upwards  of  forty-eight  boors, 
•ndwbeu  seized  wasproceeding  to  sea  without  having  been  reported  at  auyouutoms- 


THE   FISHERIES   QUESTION. 


i-« 


U\ 


hoiigo.     Her  bnfiinoss  was  not.  sncli  as  to  malto  it  linr  interest  to  atfract  tlioattontinu 
of  tlio  Caniulian  uutlioritieH,  iind  it  \h  not  dinicult,  ilieroforo,  tocon.it'Otnro  th«roa8on  j 
why  who  was  not  no  reported,  or  in  woo  tliat  tlio  reason  put  forward,  that  Digby  i%  \ 
bill  "  a  small  lii>hiij<;  sottleiiient  and  its  harbor  not  doliued,"  i8  a  disingonuons  one, 
In  going  to  the  weir  to  purchase  bait  the  vessel  passed  the  custom-house  at  Digby 
almost  within  hailing  distance.     When  at  the  weir  sho  was  within  1  or  2  miles  of  | 
another  custom-house  (at  Clementsport),  and  witliiu  about  15  miles  ot  another  (ut 
Annaitolis).     The  nnister  has  not  assertiul  that  ho  did  not  know  the  law  on  this  sub- 
ject,  as  it  is  established  that  ho  knew  the  law  in  relation  to  the  restrictiouou  foreign 
tisliing  vessels. 

The  provisions  of  the  customs  aot  of  Canada  on  this  subject  are  not  essentially  tlif. 
forent  from  those  of  his  own  country.     The  ca))lain  and  crew  were  ashore  during  tbe 
51  h  ami  (ith  of  May,  IHSG,    The  following  provisions  of  the  customs  act  of  Canada  ! 
aj)ply : 

"Thomastorof  every  vessel  coming  from  any  port  or  place  ont  of  Canada,  or  coast- 
wise, and  entering  any  port  in  Canada,  whether  laden  or  in  ballast,  f  "'.all  go  without 
delay,  when  such  vessel  ia  anchored  or  nu>ored,  to  the  custom-house  for  the  port  ot 
place  of  entry  where  ho  arrives,  and  there  make  a  report  in  writing  to  tho  collector 
or  other  proper  oUieer  of  tho  arrival  and  voyage  of  such  vessel,  stating  her  name, 
country,  and  tonnage,  the  port  of  registry,  thonamoof  the  master,  the  country  of  tho 
owners,  the  number  and  names  of  tho  passengers,  if  any,  tho  number  of  tho  crew, 
and  whether  the  vessel  is  laden  or  in  ballast,  and,  if  laden,  tho  marks  and  numbers 
of  every  package  and  parcel  of  goods  on  board,  and  where  tho  same  was  laden,  and 
the  particulars  of  any  goods  stored  loose,  and  where  atid  to  whom  consigned,  and 
where  any  and  what  goods,  if  any,  have  been  laden  or  unladen,  or  bulk  has  been  bro- 
ken during  tho  voyage,  what  part  of  tho  cargo,  and  the  number  and  names  of  the 
passengers  which  nr«  intended  to  be  landed  at  that  port,  and  what  and  whom  at  any 
other  port  in  Canada,  and  what  part  of  the  cargo,  if  any,  is  intended  to  bo  exported 
in  tho  same  vessel,  and  what  surplus  stores  n^main  on  board  as  far  as  any  of  such 
particulars  are  or  can  be  known  to  him."     (40  Vic,  cap.  12,  sec.  25.) 

"The  master  shall  at  tho  time  of  making  his  rcjiort,  if  required  by  the  ofiQcer  of 
cnstonis,  produce  to  him  the  bills  of  lading  of  tho  cargo,  or  true  copies  thereof,  and 
shall  make  and  subscribe  an  allldavit  referring  to  his  report,  and  declaring  that  all 
the  statements  made  in  the  report  are  true,  and  shall  further  answer  all  such  tiuestions  J 
coucorniug  tho  vesse'  and  cargo,  and  tho  crew,  and  tho  voyage,  as  are  demanded  of 
bim  by  such  otricer,  ami  shall,  if  required,  make  the  substance  of  any  such  answer 
part  ot  his  repr)rt."     (4()  Vic,  cap.  12,  sec.  28.) 

"If  any  goods  are  unladen  from  any  vessel  before  such  report  is  made,  or  if  tbe 
master  fails  to  make  such  report,  or  makes  an  untrue  report,  or  does  not  truly  answer 
tho  questions  demanded  of  him,  as  provided  in  tho  next  preceding  section,  ho  shall 
incur  a  penalty  of  §400,  and  the  vessel  may  be  detained  until  such  penalty  ia  paid." 
(41)  Vic,  cap.  12,  sec.  28.) 


PROCEEDINGS  KOLLOWINQ  THE  SEIZUUB. 


These  have  been  made  the  subject  of  complaint  by  Mr.  Phelps,  although  the  ex- 
planations which  were  given  in  the  i)reviou8  memorandum  of  the  nudersigned  (in 
reference  to  tho  letters  of  Mr.  Uayard  to  Her  Majesty's  minister  at  Washington),  and 
in  the  report  on  the  same  subject  of  tho  minister  of  mariiKi  and  lisheries,  lai<l  before 
hisex^^ellency  the  governor-general  on  the  14th  of  .Juno  ultimo,  coupled  with  a  disa- 
vowal, by  tho  Canadian  Government,  of  any  intention  that  the  jiroceodings  in  sueh 
cases  should  bo  unnecessarily  harsh  or  pursued  in  a  punitive  spirit,  might  have  bccu 
ex])ected  to  bo  sullicieut.  After  tho  seizure  was  made,  the  commander  of  tho  Lans- 
downe  took  the  David  J.  Aditms  across  tho  Hay  of  Fiindy  to  St.  .John,  a  distance 
of  about  40  miles.  lie  appears  to  have  had  the  impression  that,  as  his  duties 
would  not  ))ermit  him  to  remain  at  Digby,'the  vessel  would  not  l»e  secure  from  rescue, 
Avliich  has  in  several  cases  occurred  after  the  seizure  of  fishing  vessels.  He  believed 
she  would  be  more  secure  in  the  harbor  of  St.  John,  and  that  the  legal  proceed- 
iiifi's,  which  in  due  course  would  follow,  could  be  taken  there.  Ho  was  immediately 
diiected,  howi^vcr,  to  return  with  tho  vessel  to  Digby,  as  it  seemed  more  in  order,  and 
more  in  compliance  with  the  statutes  relating  to  tho  subject,  that  she  should  be  de- 
tained in  the  i)laco  of  seizure,  and  that  the  legal  proceeding  should  be  taken  in  the 
vice-adn:i'alty  court  of  the  province  where  the  offense  was  committed.  It  does  not 
Bcem  to  bo  claimed  by  tho  United  States  authorities  that  any  damage  to  tho  vessel, 
or  that  any  injury  or  inconvenience  to  any  one  concerned,  w.as  occasioned  by  this  re- 
moval to  St.  .John  ,ind  by  hor  rot;nrn  to  Digby,  occupying  as  they  did  but  a  few 
hours,  and  yet  this  circumstance  seems  to  bo  relied  on  as  "aggravating  the  seizure," 
and  as  depriving  it  of  the  character  of  a  seizure  made  "  to  enforce  a  ri|{ht  or  to  re- 
dress a  wrong," 


THE   FISIlKKIKS    (jUKSTlON. 


75 


Anotlicr  ;;ionncl  of  oomplainfc  is  Unit  iii  Diyby,  "  tbo  j);i|t('r  alltiyid  to  i.<  (ho  li';,al 
T)i''Copt  for  I  lie  oiiptnro  and  deteiitiou  of  Ui«  vessel  was  nuiiod  to  lior  mast  in  such  n 
iiianner  as  to  prevent  its  contents  being  read,"  und  that  "the  recinost  of  tbo  captain, 
aiid  of  tho  United  States  consn! -general,  to  bo  allowed  to  detach  the  writ  from  tho 
niast  for  the  pnrposo  of  learning  its  contents,  was  i>ositive]y  rofnsed  by  tho  jtrovin. 
cial  ofticial  in  charge ;  that  the  ITulted  States  consnl-goneral  was  not  ablo.to  learn 
from  till)  commander  of  tho  Za««rfoi(';ie  the  iiatnro  of  tho  complaint  a,^aiu8t  the  ves- 
sel and  that  bis  respectfnl  application  to  that  olicct  was  frnitless." 

(1)  As  to  the  position  of  the  paper  on  the  mast.  It  is  not  a  fact  that  it  was  nailed 
to  the  vessel's  mast  "in  such  a  manner  as  to  i)revcnt  its  contents  being  rea<l."  It 
was  nailed  there  for  the  purpose  of  being  read,  and  could  have  been  read. 

(2)  As  to  tho  refusal  to  allow  it  to  bo  detached,  such  refusal  was  not  intended  as  a 
discourtesy,  but  was  legitimate  and  proper.  Tho  paper  purported  to  be,  and  was,  a 
copy  of  the  writ  of  sunnnons  and  warrant,  which  wore  then  in  tho  registry  of  tho  vice- 
admiralty  court  at  Halifax.  It  was  attached  to  tho  mast  by  the  olllcer  of  tho  court, 
in  accordance  with  tho  rules  and  procedure  of  that  court.  The  purposes  for  which  it 
was  so  attached  did  not  admit  of  any  consent  for  its  removal. 

(;t)  As  to  tho  desire  of  the  captain  and  of  the  United  States  consul-general  to  as- 
certain the  contents  of  tho  ])apcr,  tho  original  was  in  the  registry  of  the  court,  ac- 
cessible to  every  nerson,  and  tho  registry  is  within  80  yards  of  the  consu  -general's 
ollice.  All  the  reasons  for  tho  seizure  and  detention  wore  made,  however,  to  the 
captain,  days  before  the  paper  arrived  to  be  placed  on  the  mast,  and,  before  tho  cou- 
siil-''eneral  arrived  at  Uigby ;  these  reasons  were  not  only  matters  of  public  notoriety, 
bnt^bad  been  published  in  the  newspapers  of  tho  province  and  in  hundreds  of  other 
new8])apers  circulating  throughout  Canada  and  tho  United  States.  Tho  captain  and 
tho  consul-general  did  not  need,  therefore,  to  take  the  paper  from  the  mast  in  order  to 
learn  the  causes  of  the  seizure  and  detention. 

(4)  As  to  the  application  of  the  consul-general  hiiving  been  fruitless,  the  fact  has 
transpired  that  ho  had  reported  the  seizure  and  its  causes  to  his  Government  before 
tUo  application  was  made.  It  has  been  already  explained  in  tho  previous  menioran- 
duiii  ot"  the  undersigned,  and  iu  tho  report  of  the  minister  of  marine  and  lisherics, 
that  the  application  was  for  a  specitic  statement  of  the  charges,  and  that  it  was  made 
to  an  oBicer  who  had  neither  the  legal  acquiromouts  nor  tho  authority  to  state  them 
in  a  more  spccitio  form  than  that  in  which  ho  had  already  stated  them.  The  cora- 
inaiiderof  the  Lansdowne rM[uestcdtlm  consul-general  tonuiko  his  request  to  the  min- 
isterof  tiie  marine  and  lisheries,  and,  if  ho  had  done  so,  tho  specific  statement  which 
ho  had  desired  could  have  been  furnished  in  an  hour.  It  is  hoped  that  the  explana- 
tion already  nmdo,  and  tho  precautions  which  have  been  taken  against  even  the  ap- 
pearance of  discourtesy  iu  the  future,  will,  on  consideration,  bo  found  to  bo  satisfac- 
tory. . 

INCIDKNTS  OF  THE   CUSTOMS  SEIZURE. 


Mr.  Fhelps  presents  the  following  views  with  respect  to  the  claim  that  tho  David 
J.  Adams,  besides  violating  the  treaty  and  the  statutes  relating  to  "lishiug  by  foreign 
vessels,"  is  liable  to  be  detained  for  the  penalty  under  tho  customs  law. 

'1)  That  this  claim  indicates  the  consciousness  that  the  vessel  could  not  bo  for- 
feited for  tho  oflense  against  tho  treaty  and  (ishing  laws.  This  supposition  is  ground- 
less. It  is  by  no  means  uncommon  in  legal  proceedings,  both  in  Canada  and  the 
United  States,  for  such  proceedings  to  be  based  on  more  than  one  charge,  although 
any  one  of  the  charges  would  in  itself,  if  sustained,  bo  sullicient  for  the  purpose  of 
the  complainant.  The  successof  this  litigation,  like  that  of  all  litigation,  must  de- 
pend not  merely  on  the  rights  of  the  pjirties  but  on  the  proof  which  may  be  adduced 
as  to  a  right  having  been  infringed.  In  this  instate  it  appears  from  Mr.  Phelps's 
letter  that  tho  facts  which  are  to  bo  made  the  subjeot  of  proof  are  evidently  in  dis- 
pute, and  the  Government  of  Canada  could,  with  propriety,  assert  both  its  claims,  so 
that  both  of  them  should  not  be  lost  by  any  miscarriage  of  justice  in  regard  to  one  of 
tbem.  Thi^  was  likewise  tho  proper  cause*  to  bo  taken  in  view  of  tho  fact  than  an 
appeal  might  at  any  time  be  made  to  tho  Government  by  the  owners  of  the  David 
J.  Adams  for  tho  remission  of  the  forfeiture  incurred  in  respect  ot  the  ILshery  laws.  The 
following  is  a  section  of  the  Canadian  statute  relating  to  fishing  by  foreign  vessels: 

"111  cases  of  seizure  nnder  this  act,  tho  governor  in  council  may  direct  a  stay  of  pro- 
ceedings, and  in  cases  of  condemnation  may  relieve  from  the  penalty  in  whole  or  in 
part,  and  on  snch  terms  as  are  deemed  right."    (31  Vic.,  cap.  (il,  sec.  19.) 

It  seems  necessary  and  proper  to  u.ako  at  onco  any  claim  founded  on  infraction  of 
the  customs  laws,  in  view  of  tho  possible  termination  of  tho  proceedings  by  execu- 
tive interference  under  this  enactment.  It  would  surely  not  be  expected  that  the 
Oovernment  of  Canada  should  wait  until  tlie  termination  of  the  proceedings  under 
the  fishery  acts  before  asserting  its  claim  to  tho  penalty  under  the  customs  oct.    The 

"Course! 


THE   PIS1IERIK8   QUESTION. 


;.  f  !'■ 


■':1 

■111 


ownprsof  thpotteiidiii,'?  vessel  and  nil  concerned  were  entitled  to  know  as  soon  nstlicy 
con  III  lie  iniide  aware  wliatllio  claims  of  the  (Jovernmciit  were  in  relation  to  tlio  vca- 
Bt'l.  mikI  they  nii<;Iit  fairly  nr;.je  lliat  any  wliicb  were  not  disclosed  were  waived. 

(2)  Mr.  I'lu'lps  remavkH  that  this  charfjfo  in  "  not  the  one  on  which  the  vcHsel  was 
K'i/A-d  "  and  ''  was  an  after  tlionj^h^."  Tli<!  vessel  was  seized  by  the  commander  of  tlio 
J.anthiloinie  for  a  violation  of  the  firihery  l.iws  before  the  customs  authorities  had  any 
l;;io\vl('(lj{o  that  such  a.  vchhoI  ha'l  enteered  into  tho  port,  or  Iiad  attempted  to  leave  ir, 
tiiid  tli(«(M)niinau(ler  was  not  awaroat  that  time  whetlier  the  DavidJ.  Adamii\ia.i\nvM\(i 
jirofier  entry  or  not.  A  tew  hours  afterwards,  however,  the  colle(;tor  of  cnstoins  at 
IJigliy  ascei'laiiied  the  fiiels,  and  on  the  facts  beinj?  made  known  to  the  head  of  lua 
<|ej)aitmcnt  at  Ottawa,  was  immediately  instructtid  to  take  such  stops  as  mijiht  he 
necessary  to  assert  the  claim  for  the  penalty  which  had  been  iucurrcd.  The  collector 
did  so. 

('^)  Mr.  Phelps  asserts  that  the  charge  of  breaeii  of  the  customs  law  is  not  the  one 
which  must  now  be  prinei|)al!y  relied  on  ftir  (M)U(l<Miiiiii(ion.  It  is  true  that  eoiidein- 
nation  does  not  necrssaiily  toUow.  The  ])eiialfy  prescribed  is  a  forfeiture  of  .f40(),  ou 
payment  of  which  tlm  owners  are  entitled  to  the  release  of  the  vessel.  If  Mr,  Phelps 
means  by  tho  expression  just  quoted  that  the  customs  oll'ense  cannot  bo  reliiul  ou  in 
res])ect  to  tho  penalty  claimed,  and  that  tho  vessel  cannot  be  detained  until  tliat 
penalty  is  jiaid,  it  can  only  be  said  that  in  this  contention  the  Canadian  Government 
(lo(;s  not  concur.  Section  3i)  of  the  customs  act,  before  quoted,  is  explicit  ou  that 
point. 

(4)  It  is  also  nrsed  that  tho  offense  was,  at  most,  "only  an  accidental  and  clearly 
technical  breach  of  a  custom-house  re<;ulation,  by  which  no  harm  was  intended,  and 
from  which  no  harm  came,  and  would  in  ordinary  cases  bo  eafiily  coiidoni'd  by  an 
apolof^y,  and  iierhaps  payment  of  costs."  What  has  already  been  said  timh'r  tho 
headinjj;  "the  ollense  as  to  tho  customs  laws"  presents  the  contention  opposed  to 
tho  ollense  beinj^  considered  as  accidental."  Tho  master  of  tho  David  J.  Adamn 
Bhowedby  hiHlani.Miaj;<»aiid  cfmduct  that  what  ho  did  he  did  withdesi'^n,  an<l  with  the 
knowled}»o  that  he  was  violating  tho  hiv/s  of  tho  country.  He  couhl  not  have  com- 
plied with  the  customs  law  without  frustrating  the  purposes  for  which  ho  had  gone 
into  ]>ort. 

As  to  tho  hreachbeinjj  a  "technical"  one,  it  must  "  he  remembered  that  with  thou- 
Bands  of  ruiles  of  coast  indent'  '  as  tho  coasts  of  Canada  are,  by  hundreds  of  har- 
bors and  inlets,  it  is  impossib  <  enforce  the  fishery  law  without  a  strict  ouforeo- 
ment  of  the  customs  laws.  Tlii.i  difliculty  was  not  unforeseen  by  tho  framers  of  the 
treaty  of  18fcH,  Avho  jjrovided  that  tho  lishermeu  shonkl  bo  "  under  such  restrictions  ns 
might  be  necessary  to  jiroveiot  their  taking,  drying,  or  curinji  fish  *  *  *  or  in  any 
other  manner  whatever  ahuii'nift  the ])ririlvge  luaerred  to  tliPtii."  No  naval  force  whioh 
could  be  equijiiicd  by  tho  Doniiniou  would  of  itself  bo  sulQcieut  for  the  enforcement 
of '.ho  fishery  laws. 

Foreign  fishing  vessels  are  allowed  by  the  treaty  to  enter  the  harbors  and  inlets  of 
Canada,  but  they  aro  allowed  to  doso  only  for  s.]»ecified  purposes.  In  order  to  confine 
them  to  those  ]>nrposes  it  isnecessary  to  insist  on  theoI)servanceof  tdie  customs  lawa, 
V  liich  are  euforceil  by  oliicers  all  aloug  tho  coast.  A  strict  enforcement  of  the  cus- 
toms laws,  and  one  consistent  with  tho  treaty,  would  require  that,  even  when  coming 
into  port  for  the  purpo.ses  for  which  such  vessels  are  allowed  to  enter  our  waters,  ii 
report  should  bo  made  at  tho  custom-house,  but  thi.s  has  not  been  insisted  on  in  all 
cases;  when  tin;  customs  laws  are  enforced  against  those  who  enter  for  other  than  le- 
gitimate i)nrposes,  and  who  choose  to  violate  both  tho  fishery  laws  and  customs  laws, 
the  Goveruuiont  is  far  within  its  right,  and  should  not  be  asktid  to  accept  an  apoloijy 
and  payment  of  costs.  It  may  be  observed  here,  as  affecting  Mr.  Phelps's  demands  ibr 
restoration  and  damages,  that  tho  apology  and  costs  have  never  been  tendered,  and 
that  Mr.  Phel|)s  seems  to  be  of  opinion  that  they  aro  not  called  for. 

(.5)  Mr.  I'helpsi.s  informed  by  the  consul-general  at  Halifax  that  it  is  "conceded  liy 
tho  customs  authorities  thcu-o  that  foreign  fishing  vessels  have  for  forty  years  boiii 
acenstoined  to  go  in  and  out  of  the  bay  at  pleasure,  and  have  never  been  required  to 
E"  nd  ftshore  and  rejunt  when  f  hey  had  no  business  with  the  port  and  made  no  land- 
ing, and  that  no  fieiznro  had  ever  before  been  made  or  claim  against  them  for  so  do- 
ing." Nothing  of  this  kind  is  or  could  be  conceded,  by  the  customs  authorities  there 
or  elsewhere  in  Canada. 

The  bay  referred  to,  the  Annapolis  Basin,  is  like  all  the  other  harbors  of  Canada, 
exc(!pt  th.it  it  is  unusually  well  defined  aud  land-locked  and  furnished  with  cnstouis- 
lionses.  Neither  there  nor  anywhere  else  have  foreign  fishing  vessels  been  accus- 
tomed to  go  in  and  out  at  i>leasure  without  reporting.  If  they  had.  been  so  per- 
mitted the  fishery  laws  could  not  have  been  enforced,  and  there  would  have  been  uo 
protection  against  illicit  trading.  While  the  reciprocity  treaty  of  1854  and  the  tisb- 
ery  clauses  of  tho  Washington  treaty  were  in  force,  the  con  volition  of  1818  being,  of 
course,  suspended,  consideralilo  laxity  was  allowed  to  the  United  States  fishing  ves- 
sels, much  greater  than  tho  tciins  of  those  treaties  entitled  them  to,  but  the  consul- 


THE   FISHERIES    QUESTION. 


77 


18  Boon  astlipy 
on  to  the  ves- 
I  waived, 
ho  VP8H0I  was 
mandor  of  tho 
ritioH  Imd  any 
fid  to  Ifliivc  if, 
ams  Imd  nifulo 
of  cnslomM  at 
ic  liond  of  Ilia 
m  as  mijjlit  be 
Tlio  collector 

is  not  tlio  one 
>  that  coiithMii- 
uroof§40(»,  oil 

If  Mr.  riicips 
bo  relied  on  in 
nod  nntil  that, 
vn  Govermnont 
iplicit  on  that 

ital  and  clearly 
^  intended,  anil 
ondinied  liy  au 
Buid  nmler  tho 
Hon  opposed  to 
'Javid  J.  Adam 
rn,  and  with  the 
i  not  have  coiii- 
ch  he  had  gone 

that  with  thou- 
indreds  of  liar- 
I  strict  ouforeo- 
I  franiera  of  the 
li  restrictions  as 
*  •  or  in  any 
val  force  which 
he  enforcement 

jra  and  inlets  of 

[order  to  confine 

lo  cnstomslaws, 

liont  of  the  ens- 

n  when  coming 

r  our  waters,  a 

isisted  on  in  all 

)v  other  than  le- 

|d  customs  laws, 

•ept  au  apology 

is's  demands  tor 

tendered,  and 

Is  '<  conceded  hy 
>rty  years  been 
l)eeu  required  to 
made  no  land- 
Tthom  for  so  do- 
luthoritiea  there 

Jjors  of  Canada, 
tl  with  cnstonis- 
lels  been  accus- 
Id  been  so  per- 
Id  have  been  no 
l54  and  tho  iish- 
1818  being,  of 
[tes  tishing  ves- 
jut  the  cousul- 


jrpneral  is  RT'^Jif'.v  mistnlfen  wliPn  he  snpposea  that  at  other  time 
OTi'it)  ii')t  enforced,  and  that  seiznn^s  of  forcii^n  (ishing  vessels 


iraea  the  customs  laws 

oniitlinit  <o  report.     Abundant  cviilenee  on  this  point  can  bo  liad. 

Ill  |8,r.t  Mr.  Vail,  the  Actinj^  Secretary  of  State  (United  Statt-s)  n'portud  that  most 
of  tiie  sei/.iirc-',  which  then  were  consid(>n'd  ninneroiis,  were  for  ullej^eil  violation  of 
Ihe  iiistonis  laws  (Tajiers  relating  to  the  Treaty  <d"  Wa-.liin;{ton,  vol.  vi,  p.  "MW, 
W.isliiii^'ou  (uliliou).  From  a  letter  of  tlio  United  States  consul  at  Cliarlottetowii, 
datcil  /riiH'"^f'  19,  1p70,  to  the  United  States  consul-jj;(  iieral  at  Montreal,  it  ap|K'ara 
that  it  was  tlio  jiraetice  of  the  United  States  flshernii'n  at  that  time  to  make  re^rular 
entiv  at  the  jiortto  which  they  resorted.  Tho  consul  saitl,  "  Hero  tho  tishermen  enter 
and  <lear,  and  take  ont  permits  to  land  their  uiaek(M'el  from  the  collector,  and  as  their 
niaclicrcl  is  a  free  article  in  this  island,  there  can  bo  no  illicit  trade." 

lulheyearlHTl),  two  United  States  rishin;^  vessels,  thei/.  \V.  Lewis  imA  tho  Granada, 
were  seized  on  like  charges  in  Canadian  waters. 

What  Mr.  FheljiH  styles  "  u  cnslom-honse  regulation  "  is  an  act  of  the  Parliament 
of  Canada,  and  has  for  many  years  been  in  force  in  all  the  provinces  of  the  Domin- 
ion. It  is  one  which  the  Government  can  not  at  all  alter  or  repeal,  and  which  its  olli- 
ciTs  an!  not  at  liberty  to  disregard. 

(ti)  It  is  suggested,  though  not  asserted,  in  the  letter  of  Mr.  Pheliis,  that  the  pen- 
alty can  not  reasonably  bo  insisted  on,  because  a  new  rule  has  been  suddenly  adopted 
without  notice.  Tho  rule,  as  before  observed,  is  not  a  now  one,  nor  is  its  enforcement 
a  novelty.  As  tho  GovtTninent  of  the  United  States  choose  lo  put  au  end  to  the  ar- 
rantjenient  under  which  tho  fishermen  of  that  country  were  accustomed  to  frequent 
Canadian  waters  with  so  muchfrtMJilom,  the  obligation  of  giving  notice  to  those  fisli- 
ernu'U  that  their  rights  were  thereafter,  by  thoactitm  of  Iheirown  (jlovernmont,  to  be 
(rrcatly  restricted,  and  that  they  must  not  infringe  the  laws  of  (^anada,  was  surely  1. 
duty  incuml)ei!t  on  tho  Government  of  the  Uuiftul  States  rai  lier  than  on  tliato! 
Canada.  This  point  can  not  be  better  expressed  than  in  the  lan<;uago  reported  to 
have  liceu  recently  used  by  Mr.  Bayard,  the  United  States  Secretary  of  State,  in  his 
reply  to  tho  owners  of  the  George  Cuhhiiig,  a  vessel  recently  seized  on  a  similar 
charge:  "  You  aro  well  aware  that  questions  aro  now  ))endiii>f  bi'twcen  this  Govern 
lut'ut  and  that  of  Great  Britain  in  relation  to  the  justitication  of  tho  rights  of  Ameri- 
can tisliiiig  vessels  in  the  territorial  waters  of  British  North  America,  and  wo  shall 
relax  no  ell'ort  to  arrive  at  a  satisfactory  solution  of  tin*  ditliculty.  In  the  mean  time 
it  is  the  duty  and  inanifest  interest  of  all  American  citizens  entering  Canadian  .iuria- 
diction  to  ascertain  and  obey  the  laws  and  rcuLnions  there  in  force.  For  all  unlaw- 
ful (U]nedations  of  property  or  commercial  rights  this  Government  will  expect  to 
procure  redress  and  compensation  for  tho  innocent  sullorers." 

',■■■'''-'■■ 

INTEKPBETATION  OF  TIIK  TREATY. 

Mr.  Phelps,  after  commenting  in  the  language  already  quoted  from  his  let  t<y  on  the 
claim  for  the  customs  penalty,  treats,  as  the  only  (inestion,  whether  tho  vessel  is  to  bo 
forfeited  for  purchasing  bait  to  boused  in  lawful  lishing.  In  following  his  argument 
on  this  point,  it  should  bo  borne  in  mind,  as  already  stated,  that  in  so  far  as  tho 
fact  of  the  bait  having  been  intended  to  be  used  in  lawful  tishing  is  material  to  the 
case,  that  is  a  fact  which  is  not  admitted.  It  is  one  in  respect  of  which  the  burden 
of  proof  is  on  tho  owners  of  tho  vessel,  and  it  is  one  on  which  the  owners  of  tho  ves- 
sel have  not  yet  obtained  au  adjudication  by  the  tribunal  before  which  the  case  has 
gone, 

Mr.  Phelps  admits  "  that  if  the  language  of  tho  treaty  of  1818  Is  to  be  interpreted 
literally,  rather  than  according  to  its  spirit  and  plain  intent,  a  vessel  engaged  in  tish- 
iniT  would  1)0  prohibited  from  entering  a  Canadian  port  for  any  luirpose  whatever,  ex- 
cept to  obtain  wood  or  water,  or  to  repair  damages,  or  to  seek  shelter." 

It  is  claimed  on  the  part  of  tho  Government  of  Canada  that  this  is  not  only  tho 
lan!,'uase  of  tho  treaty  of  1818,  but  "  its  sjtirit  and  plain. intent."  To  establish  tins 
contention  it  should  be  sufficient  to  point  to  tho  clear,  unambiguous  words  of  tho 
treaty.  To  those  clt  »r  and  nnainblgnons  words  Mr.  Pheljis  seeks  to  attach  a  hidden 
lueaniiig  by  suggesting  that  certain  "  jirepostcrous  consequences  "  might  ensue  from 
giving  them  their  ordinary  construction.  He  says  that  with  such  a  construction  a 
vessel  inij^ht  be  forfeited  for  entering  a  port  "  to  post  a  letter,  to  send  a  telegram,  to 
buy  a  newsi)aper,  to  obtain  a  physician  in  case  of  illness,  or  a  surgeon  in  case  of 
accident,  to  laud  or  bring  olf  a  passenger,  or  even  to  lend  assi-stauce  to  the  inhahit- 
an!s,  etc." 

There  are  probably  few  treaties  or  ptatute8,tho  literal  enforcement  of  which  might 
not  in  certain  circumstances  produce  consequences  worthy  of  being  described  as  pre- 
posterous. 

At  most,  this  argument  can  only  suggest  that,  in  regard  to  this  treaty,  as  in  regard 
to  every  enactment,  its  enforcement  sbould  not  be  insisted  on  where  accidental  hard- 
ships or  "preposterous  consequences"  are  likely  to  ensue.    Equity  and  a  natural 


! 


* 


i 


m 


THE    FI8Hi:i:iKS    CillEHTlON. 


•ennnof|iiHti(<e  would  tlniilitloHH  Irixl  t.lin  Dnvornninnt  with  which  the  treaty  wan  made 
to  ahNtuin  liom  Itw  rigiil  I'lifoicf'iiu'iit  for  inudverlcnt  olIonm^H,  uIiIioukIi  tho  riuhtso 
to  onl'oruii  it.  nii}{htho  hoyoiid  (iiioHtioii.  It  \»  for  thin  roiisoii  tliut,  inuMiuiicli  an  thoon- 
joroonu'iit  of  tliiH  tmaty  to  Honm  oxtoiit  iIcvoIvch  oii  thdtiovcrniiunit  of  Canada,  tlie 
Parliitiiiont  of  tho  Doiiiiiiioii  haH  in  onit  of  tlio  HeutifMm  tilruady  ((tiotiid  of  the  Htntute 
ri'liiliiiK  to  liHhiiiH;  liy  fumiKii  vossclu  ('.tl  Vie.,  cap.  (il,  hoc.  19)  iiitriiMtcd  tho  exocutivo 
wit!)  power  to  iiiili^iilo  i\w  Huvcrity  of  thosu  (iroviitionH  whoii  an  aitpeal  to  uxocutive 
liitiTt(!rcnc<i  cull  lui  jiistilicd.  In  rchilion  to  ovoiy  law  of  a  penal  character  tho  Name 
power  for  tho  wdiki  piirpo.so  in  vcHtcd  in  tho  oxcciitiv(>.  Mr.  FlidpH  will  tind  it  dilij. 
cnlt,  liowover,  to  dincovcr  uiiy  anthoritj'  ainoiif?  tlio  JiiriHtH  of  his  own  country  or  of 
Great  Hritain,  oriinionjj  the  writciNon  international  law,  for  tho  posit  ion  that,  agiiiimt 
tho  plain  wonl.sof  a  I  real  y  or  Htatiite,  an  inttsrprotatiou  in  to  l)0  Hoiij^iit  which  will  ob- 
viate all  (liuiiceH  of  hardship  and  roudor  nuueuuHbary  the  oxorciso  of  tho  uxocutivo 
power  lieforo  mentioned. 

It  miH;iit  fiiiily  ho  nr;ied  anninHt  hiH  argument  that  tho  convention  of  1818  la  Icsa 
open  to  an  al  tempt  to  elian};o  it.s  ]ilaiii  meaning  than  even  u  etatuto  would  ho.  Tlic 
hitter  \h!\  deel  iration  of  itswill  by  (ho  Hiii)romo  authority  of  the  state,  tho  forinerwiis 
a  compact  delilieiatcly  and  HokMiiiiiy  made  by  two  parties,  each  of  whom  oxiiroHwd 
what  Iiti  waH  willing  to  concede,  and  by  what  tiirnm  it  wan  willing  to  bo  bound.  If 
tho  piirposeH  for  wliicdi  tlio  United  States  dcHirod  that  their  tiHliing  veHHeJH  Hhonld  have 
tlui  right  to  order  Hrili.sh  Anierican  waters  inclnded  other  than  those  expressed,  their 
desire  can  not  avail  tliein  now,  nor  bo  a  pretext  for  n  opecial  iuterj>retation  after  tliey 
assented  to  tlio  words  "  and  for  no  other  purpose  whatever."  If  it  was  "  preposter- 
ous" that  their  lishermen  shoulil  bo  precluded  from  entering  provincial  waters  "tn 
]»o.st  a  letter"  or  for  any  other  of  tho  pur|>oses  which  Mr.  Phelps  nientious,  they  woulil 
]nobal)ly  never  have  asMcnted  to  a  treaty  trained  as  this  was.  Having  (lone  so  they 
can  not  now  urge  that  their  language  was  "  prepasterous,"  and  that  its  eti'cct  must  b« 
destroyed  by  resort  to  "  iiiter|iretalion." 

Hut  that  wlii('h  Mr.  Plielps  calls  "literal  interpretation  "  is  hy  no  means  so  prepos- 
terous as  he  HiiggPHts,  when  the  jiurjiOHe  and  object  of  the  treaty  come  to  bo  consid- 
ered. VVliile  it  was  not  desired  to  interfere  with  ordinary  coniinercial  intercourse  be- 
tween the  jieojiletif  the  two  countric-s,  tbt(  <hdiberato  and  declared  jnirposo  existedou 
tho  part  of  Great  Britain,  and  the  willingness  existed  on  the  part  of  the  United 
Stales,  lo  secure  absolutely  and  free  from  the  possibility  of  oncroachinent  the  lislier- 
ies  of  the  Brit  isli  ])osseHsions  in  America  to  tho  people  of  those  possessions,  except  in;; 
as  to  certain  localities,  in  respect  of  which  special  provisions  were  made.  Toell'oct 
this  it  was  merely  necessary  that  there  should  hea  Joint  declaration  of  the  right  which 
was  to  bo  established,  but  that  means  should  betaken  to  preserve  that  right.  For 
this  jiurposo  a  distinction  was  necessarily  drawn  between  tho  United  States  vessels 
engaged  in  commerce  and  those  engaged  in  tishiug.  While  the  former  had  free  access 
to  our  coasts,  tho  latter  were  placed  under  a  strict  prohibition. 

The  .purpose  was  to  prevent  the  fisheries  from  being  poached  on,  and  to  preserve 
them  to  "tho  subjects  of  his  Britannic  Majesty  in  North  America,  not  only  for  the 
pursuit  of  tishing  within  the  waters  adjacent  to  the  coast  (which  can  under  tho  law 
of  nations  be  done  by  any  country),  but  as  a  basisof  supplies  for  tho  pursuit  of  tish- 
ing in  the  dee])  sea."  For  this  purpose  it  was  necessary  to  keep  out  foreign  iishiii;; 
vessels,  excepting  in  case  of  dire  necessity,  no  matter  under  what  jiretext  they  might 
desire  to  conici  in.  The  lisheiies  could  not  he  preserved  to  our  people  if  ov<!ry  one  of 
tho  United  States  tishing  vessels  that  were  accustomed  to  swarm  along  our  coasts 
could  claim  the  right  to  enter  our  harbcu's  "to  ]»ost  a  letter,  or  send  a  telegram,  or 
buy  a  newspaper,  to  obtain  a  physician  in  fl|ise  of  illness  or  a  surgeon  in  caseof  acci- 
dent, to  land  or  bring  otf  a  passenger,  or  even  to  loud  assistance  to  tho  inhabitants  in 
lire,  ilood,  or  pestileuce,"  or  to  "  buy  medicine,"  or  to  "  purchase  a  new  rope." 

The  slightest  acquaintance  with  the  negotiations  which  led  to  tho  treaty  of  1818, 
and  with  the  state  of  the  fishery  question  preceding  it,  induces  tho  belief  that  if  tho 
United  States  negotiators  had  suggested  these  as  purposes  for  which  their  vessels 
should  bo  allowed  to  enter  our  waters,  tlie  proposal  would  have  been  rejected  ns 
"preposterous,"  to  quote  J^Ir.  Phelps's  own  words.  But  Mr.  Phelps  appears  to  have 
overlooked  an  important  pavt  of  the  case  when  ho  suggested  that  it  is  a  "  preposter- 
ous "  construction  of  the  treaty,  which  would  lead  to  tho  purchase  of  bait  being  pro- 
hibited. So  far  from  such  aconstrnction  being  against  "  its  spirit  and  plain  intent," 
no  otlu^r  meaning  would  accord  with  that  spirit  and  intent.  If  wo  adopt  one  of  the 
methods  contended  for  by  Mr.  Phelps  of  arriving  at  the  true  moaning  of  the  treaty, 
uaniely,  having  reference  to  tho  "attending  circumstances,"  etc.,  we  find  that  so  far 
from  its  being  considered  by  the  franiers  of  the  treaty  that  a  prohibition  of  the  right 
to  obtain  bi.it  would  bo  a  "preposterous"  and  an  extreme  instance,  a  proposition  was 
made  by  the  United  States  negotiators  that  the  provisoshould  read  thus:  "Provided, 
howevtr,  That  American  fishermen  shall  he  permitted  to  enter  such  bays  and  harbors 
for  tho  pnrjioso  only  of  obtaining  shelter,  wood,  water,  and  bait,"  and  tho  insertiou 
of  the  word  "  bait"  was  resisted  Ly  the  British  negotiators  and  struck  out.    After 


THE    FlSllKiilKS    (^UKSTION. 


79 


n  of  1818  islosg 
woulil  bo.  The 
I,  t  lio  IbriiuT  was 
ivboni  oxi)roHHi'(l 
o  1)0  bound.  If 
hcIh  Hboiild  bavu 
expresHt'd,  tlieir 
tationat'tor  they 
vas  "jtropostor- 
icial  waters  "  to 
ions,  tlioy  would 
11^  dono  BO  they 
tH  etiuut  miiHtbo 

means  so  propos- 
luo  to  be  couNi<l- 
il  iiitercoiirwe  he- 
irposo  cxisteiloii 
rt  of  the  Uuitiid 
liiniMit  the  llnhcr- 
tiHioiiH,  exceptiiij; 
made.  Toetl'oct 
f  the  light  which 
that  ri^bt.  For 
ed  States  vessels 
bad  free  access 

and  to  preserve 
not  only  for  the 
n  under  tbe law 
])ursuit  of  tish- 
I'oreign  lisbiiiR 
text  they  nii);ht 
_  if  every  one  of 
tilong  our  coasts 
d  a  telegram,  or 
in  case  of  acci- 
10  inhabitants  in 
ew  rope." 
^  treaty  of  1818, 
lelief  that  if  the 
cb  their  vessels 
leen  reject(Ml  as 
appears  to  have 
8  a  "  prepostiT- 
bait  being  pro- 
id  plain  intent," 
adopt  one  of  the 
g  of  the  treaty, 
J  find  that  bo  far 
tion  of  the  right 
proposition  was 
Iiub:  "Provided, 
lys  and  harbors 
id  the  iuBcrtioD 
uek  out.    After 


thlx  h""'  <''*'i '''  ^"^  eoiitended  that  any  rule  of  interpretation  wonid  be  nonnd  which 

woii'm  uiv''  to  United  States  llshiruieu  the  very  pernilNNJon  which  was  souglit  fur  od 
their  lii'lialf  during  the  negoriatioiis  sueccHsfully  resislcd  by  tlie  Uritish  represents* 
lives  anil  deliherately  re|iM!ted  by  the  franiers  ot  tbe  couvi-ntlou  F 

It  is  a  wfll-linown  fact  that  tbe  nc};(itiaiions  preceding  I  Im  treaty  had  reference  very 
I  larct'ly  '»  the  deep-sea  tisheries,  aiul  that  the  right  to  iMirciuise  biiit  in  the  harbors  of 
the  Di'ltihii  posNesHlDiiM  for  the  ilecn-sca  lishlng  was  one  wliicb  tiie  United  Htates  lish- 
crnieii  were  intentionally  ttxcludt'd  from,  Ueferring  totlut  dilUeulties  whiuh  subso- 
(iiieiitly  aroMc  from  an  enforcement  of  the  treaty,  an  American  uulhor  says: 

"It  will  be  seen  tliat  most  of  those  dillicultics  arose  I'rum  aeliau<ro  in  t\ie  character 
of  the  li.slieries;  (;od  being  caught  on  llie  banks,  were  seldom  pursued  within  tbe  3- 
uiili)  limit,  and  yet  it  was  to  cod, and  perhaps  halibut,  that  all  the  early  negotiations 
bad  relerifd. 

"The  iiiHckerel  fishing  had  now  sprung  up  in  the  Onlf  of  St,  Lawrence,  and  liRtl 
proved  cxlrcmely  jiroHtable.  This  was  at  that  timo  an  inshore  lishery."  (SchuylciB 
AiiitTicaii  Diplomaey,  page  411.) 

Ill  further  amplilication  of  this  argument,  the  undersigned  would  refer  to  the  views 
Ret  forth  in  the  meiiii>randiim  before  mentioned  in  tluOetters  of  Mr.  itayard  in  May 
last,  and  to  those  prescMited  in  the  report  of  the  minister  of  marine  and  tisheries,  ap- 
proveil  on  the  14tli  .)nno  ultimo. 

While  believing,  however,  that  Mr.  Phelps  can  not,  by  resort  to  any  such  matters, 
Biueessl'nlly  establish  a  diliereiit  eonstru<;tiou  for  the  treaty  from  that  which  ita 
words  picHent,  the  undersigned  submits  that  Mr,  I'belps  is  mistaken  as  to  the  riuht 
toresortloany  matters  outside  the  treaty  itselfto  modify  its  plain  words.  Mr.  I'helpa 
expresses  his  eontontion  thus:  "It  seems  to  me  cbiar  that  tlie  treaty  may  b(!  consid- 
ered in  nccordanee  with  these  ordinary  and  well  sett  led  rules,  applicable  to  all  written 
iiiHtnuiients,  which  without  such  salutary  assistance  must  const iintly  fail  of  their  jmr- 
]i()se.  Ity  these  rules  the  letter  often  gives  way  to  the  intent,  or  rather  is  only  used 
ioaHcertiiiii  the  intent,  and  tbe  whole  docuiiient  will  be  taken  together  and  will  be 
considered  in  eimnect  ion  with  t  he  atteinlingcirenmslanees,  the  situation  of  tbe  ])artie8, 
and  the  object  in  view,  and  thus  the  literal  meaning  of  an  isolated  clause  is  oft<Mi  show  n 
not  to  he  tiie  meaning  really  understood  or  intended."  It  may  be  readily  admitted  that 
Hiuh  rules  of  interpretation  exist,  but  when  are  they  to  be  ai»plied  f  Only  when  iu- 
tcipretatiou  is  necessary — when  the  words  are  plain  in  their  ordinary  meaning,  the 
task  of  interpretation  does  not  begin.  Vattel  says  in  reference  to  the  "  interpretation 
of  treaties:" 

"  The  first  general  maxim  of  interpretation  is,  that  it  is  not  allowable  to  interpret  ichat 
has  no  need  of  interpretation.  When  the  deed  is  worded  in  clear  and  precise  terms, 
when  its  meaning  is  evident  and  leads  to  no  absurd  conclusion,  there  can  be  no  rea- 
son for  refusing  to  admit  the  meaning  which  such  deed  naturally  presents.  To  go 
elsewhere  in  search  of  conjectures  in  order  to  restrict  or  extend  it  is  but  an  attempt 
to  elude  it. 

"Those  cavilers  who  dispute  the  sense  of  a  clear  and  determined  article  are  accns- 
tomed  to  seek  their  frivolous  subterfuges  in  the  pretended  intentions  and  views  which 
tliey  attrihuto  to  its  anthor.  It  would  be  very  often  dangerous  to  enter  with  them 
into  the  discussion  of  these  supposed  views  that  are  ])ointed  out  in  the  piece  itself. 
The  following  rule  is  better  calculated  to  foil  such  cavilers,  and  will  at  once  cutshort 
iiil  ehieanery :  If  he  who  could  a.frf  ouijht  to  have  explained  himself  clearlif  and  full i/ 
hm  not  done  it,  it  is  the  worse  for  him;  ho  cannot  be  allowed  to  introduce  subseiiuent 
restrictions  which  ho  has  not  expressed.  This  is  a  maxim  of  tbe  Koinaii  law,  '  Pac- 
tioneni  ohswram  na  usnre  [?  iis  noeore]  in  quorum  fuit potestaie  legem  apirtius  conscribere.' 
The  equity  of  this  rnlo  is  glaringly  obvious,  and  its  necessity  is  not  less  evident." 
(Vattol's  Interpretation  of  Treaties,  lib.  ii,  chap.  17.) 

■Se<lgwick,  the  American  writer  on  the  "  Construction  of  Statutes"  (and  treaties 
are  construed  by  much  the  same  rules  as  statutes),  says,  at  page  104:  "  The  rule  is, 
as  we  shall  constantly  see,  cardinal  and  universal ;  but  if  the  statute  is  plain  and  un- 
auihignons,  there  is  no  room  for  construction  or  interpretation.  The  legislature  has 
Hpokeii;  their  interpretation  is  free  from  doubt,  and  their  will  must  be  obeyed.  '  It 
may  he  projier,'  it  has  been  said  in  Kentucky,  '  in  giving  a  construction  to  a  statute, 
to  look  to  the  etfecta  and  consequences  when  its  provisions  are  ambiguous  or  the  leg- 
islative intention  is  doubtful.  But  when  the  law  is  clear  and  explicit  and  its  pro- 
visions are  su.sceptiblo  of  but  one  interpretation,  if  evil,  can  only  b(!  avoided  by  a 
diange  of  the  law  itself,  to  be  etfocted  by  legislative  and  not  judicial  action,  '  So, 
too,'  it  is  said  by  the  Supreme  Court  of  the  United  States,  '  where  a  law  is  plain  and 
iniaiiihiguous,  whether  it  be  expressed  in  general  or  limited  terms,  the  legislature 
ebould  bo  intended  to  mean  what  they  have  plainly  expressed,  and  consequently  no 
room  is  left  for  construction,' " 

At  the  tribunal  of  arbitration  at  Genoa,*  held  under  the  Washington  treaty  in  1872, 

•Geneva, 


p 


80 


THE   FISHERIES   QUESTION. 


'iJ- 


a  similar  question  aroRO.  Counsel  for  Her  MnJest.v'H  Government  presented  a  supple, 
mental  argument,  in  wbicli  Iho  ordinary  rules  lor  llie  iutorjiretation  of  treaties  wore 
invoked.  Mr.  Evarts,  one  of  the  counsel  for  tlio  United  Stales  and  afterwards  Siio- 
retary  of  State,  made  a  supplemental  reply,  in  wliicli  the  following  iiassajje  oc('iiis: 
"  At  tUo  close  of  the  special  argument  wo  find  a  geiioral  iir<'H('utation  of  canons  for  ti;c 
construction  of  treaties  and  some  general  observations  as  to  the  light  or  the  controll. 
ing  reason  nnder  which  these  rules  of  the  treaty  should  ho  construed.  Those  sii;;-.  I 
gestions  may  be  briefly  dismissed.  It  certainly  wor.l'.l  be  a  very  great  reproach  lo 
these  nations  which  had  deliberately  lixcd  upon  three  projiosiiions  as  expressive  of 
the  law  of  nations,  in  their  judgment,  for  the  juirpo.ses  of  this  trial,  that  a  resoroto  j 
general  instructions  for  the  purpose  of  interi)retati'.)U  was  necessary.  Eleven  cations ' 
of  interpretation  drawn  from  Vatlcl  are  presented  in  order,  and  then  several  of  tluTi, 
as  tli<5  c:ise  sails,  are  applied  as  valuable  in  eliicidiitin'^  this  or  that  point,  of  them  lis. 
Bnt  the  learned  counsel  has  omitted  to  bring  to  your  notice  the  first  sind  mostgeiieiisl 
rule  of  Vattel,  which  being  once  understood  would,  as  we  think,  dispense  Avith  any 
consideration- of  these  suhordinato  canons  which  Vattel  has  introduced  to  be  used  only 
in  case  his  first  general  ritle  does  not  api)iy.  This  first  proiiosition  is  that  *i«  is  ml 
allowable  to  interpret  what  hasnoticcd  0/ iuterjirelalion.'"  (Washington  Treaty  Papcre,  [ 
vol.  iii,  pp.  44(!-7.) 

In  a  letter  of  Sir.  Hamilton  Fish  to  the  United  States  minister  in  England  on  the  I 
same  subject,  dated  April  1(5,  1872,  the  following  view  w-as  set  forth:  "Fnrtlicr  ,  ban 
this,  it  appears  to  m    that  the  principles  of  English  and  American  law  (and  i  liey  are  | 
substantially  the  same)  regarding  the  construction  of  statutes  and  treaties,  and  of 
written  instruments  generally,  would  preclude  the  seeking  of  evidence  of  intent  out. 
side  the  instrument  itself.     It  might  be  a  painful  trial  on  which  to  enter,  in  seeking'  I 
the  opinions  and  recolhjctions  of  jiarties,  to  bring  into  conflict  the  different  ex))C(t,i 
tions  of  those  who  were  engaged  in  the  uegotiatiou  of  an  instrument."    (Washinjiioa  | 
Treaty  Papers,  vol.  ii,  p.  473.) 

Bnt  even  at  this  barrier  the  difficulty  in  following  Mr.  Phelps's  argument,  by  which  I 
he  seeks  to  reach  the  interpretation  ho  desires,  does  not  end.     Af'ier  taking  a  view  of  I 
the  treaty  which  all  authorities  thus  forbid,  ho  says:  "Tluia  regarded,  it  .;ppear.sto| 
mo  clear  that  the  words  '  for  no  other  purpose  wli.itever,'  as  employed  in  the  treaty, 
mean  for  no  other  ]iurpose  i  nconsistent  with  the  provisions  of  tho  treaty."    Taken  i:i  I 
that  sense  the  words  would  have  no  meaning,  for  no  other  purpose  would  be  consist- 1 
entwithtL   treaty,  excepting  thiisu  mentioned.    He])roceeds,  "or  prejudicial  to  the  in- 
terests of  the  ])roviuces  or  their  inhabitants."    If  tho  United  States  authorities  are  I 
tho  judges  as  to  what  is  prejudicial  to  those  interests,  the  treaty  will  have  very  little  I 
vr'uir ;  if  the  provinces  r.ro  to  be  the  judges,  it  is  most  prejudicial  to  their  intere::ts  [ 
that  United  States  fishermen  should  bo  permitted  to  come  into  their  Ijarbors  on  any 
pretext,  and  it  is  fatal  to  their  fishery  interests  that  these  fishei-men,  with  whom  they 
have  to  compete  at  such  a  disadvantage  in  the  markets  of  the  Uniteil  States,  should  be  | 
allowed  to  enter  for  sn])i)lies  and  bait,  even  for  tho  pursuit  of  the  deep-sea  fisheries 
Before  ciuiclnding  liis  remarks  on  this  subject,  the  undersigned  would  refer  to  a  pas-| 
sage  in  the  answer  on  behalf  of  tho  United  States  to  tho  case  of  Her  Majesty's  G./vern- 
ment  as  presented  to  tho  Halifax  Fisheries  Commission  in  1877  :  "The  various  inci-] 
dental  and  reciprocal  advantages  of  tho  treaty,  such  as  tho  privileges  of  traffic,  pur- 
chasing bait  and  other  supplies,  are  not  the  subject  of  compensation,  because  tbel 
treaty  of  Washington  confers  no  such  rights  on  tlio  inhabitants  of  tho  United  States,  I 
who  iioiv  evjoii  them  mertlj/  b;i  sufferance,  and  who  can  al  ani/  time  bo  deprired  of  them  hu 
tho  enforcement  of  existing  lawn  or  the  re-enforcement  Cj  Joriucr  oppreaairc  matutcs." 

Mr.  Pheliishas  made  a  lengthy  citation  Irom  the  imperial  act,  59  George  III,  cap,| 
38,  for  tho  ptu'poso  of  establisliing — 

1st.  'i'hat  the  penalty  of  forfeiture  was  not  incurred  by  any  entry  into  British  ports,] 
tinlesK  accomi)anied  by  fishing,  or  preparing  to  tish,  with'n  the  prohibited  limits. 

2d.  That  it  was  not  the  intention  of  Parliament,  or  its  understanding  of  the  treaty,! 
thai;  any  other  entry  should  bo  regarded  as  an  infraction  of  tho  provisions  of  that  act.  I 

As  li'gards  tho  latter  point,  it  seems  to  be  effectually  disposed  of  by  the  quotation  j 
vrhieh  Mr.  Pheljis  has  made,     Tho  act  permits  fishermen  of  tho  Uuited  States  to  en- 
ter into  the  bays  or  harbors  of  His  Britannic  Majesty's  dominions  in  America  for  tlie| 
purposes  named  in  tho  treaty,  "and  for  no  otherpnrpose  whatever,"  and  after  enact- 
ing tho  peiK  Uy  of  forfeiture  in  regard  to  certain  olFeuses,  provides  a  penalty  «f  £200 
sterling  against  any  pc  son  otherv^isoottending  against  the  act.     It  can  not,  therefort'i  1 
bo  successfully  contended  that  Parliament  intended  to  p(!rmit  entry  into  tho  British! 
American  waters  for     .0  purchase  of  bait,  or  lor  any  other  thuu  the  purposes  speci-[ 
lied  in  the  treaty. 

As  to  tho  first  point,  it  is  to  bo  observed  that  the  ])enaUy  of  f  irfeituro  was expresslyl 
pronounced  as  applicable  to  the  ofieusu  of  fishing  or  preparing  to  fish.  It  may  be  that  I 
forfeiture  is  incurred  l)y  other  illegal  entry,  contrary  to  tho  treaty  and  contrary  tol 
tho  statute.  It  may  also  be  contended  that  ])rcparing,  within  the  prohibited  limits,! 
t'l  lish  iu  any  place  is  lijo  oU'ense  at  which  the  penalty  is  aimed,  or  it  may  be  that  tli«| 


THE   FISHERIES    CiUESTION. 


81 


jteA  a  snpple- 1 
treaties  were 
'terwai'cla  iiv.tt- 
iissafje  occurs; 
canons  fort  lie 
r  tbH  con  troll- 
1.    Those  sii;;- 
it  ropwacb  m 
1  ex()re8si\e  of 
bat  aresoroto : 
Elf'vcn  cai.ons ! 
jveval  of  tlu'in, 
inr.  oftlievuks. 
Ill  moHts<Mi(nil| 
[KiDse  with  Any 
to  be  useii  only 
I  that  'it  is  liol 
Treaty  Papers, 

Rngland  on  the  | 
"Fiirt;i''r  .bun 
w  (and  il>ey  are] 
treaties,  ami  of 
CO  of  intent  out- 
■nter,  inseckaii; 
ffcrcnt  csiic(t;i- 
"    (Washiut^ton 

unent,  by  which  I 
laliiDfr  a  view  o( 
?a\.  it  ,;ppearsto 
ed  in  tho  treaty, 
'aty."    Taken  i:i  | 
,vonUl  bo  consist- 
ilnlicialtotb«^in• 
s  authorities  are  I 
I  havo  very  little 
to  rlieir  intcrc:  ts 
r  harbors  on  any 
with  whom  they  I 
States,  should  be 
■ep-sea  lisberies  I 
Id  refer  to  a  pas- 
il;i,jesty'sG..vern-' 
rijo  various  inci- 
iS  of  tratHc,  pur- 1 
ion,  because  tlie| 
ioUnitedStatis, 
[priredof  thembd 

[George  HI,  c^P' 

lito  British  ports, 

libitkMl  limits. 
InRoftho  t.eaty, 
Isions  of  that  act. 
Iby  the  quotation 
Iti'd  States  to  I'll- 
America  for  the 
,'  and  after  enact- 
J  penalty  uf£'^»'' 
lui  not,  theretore, 
■  iuto  the  British] 
I  purposes  sped- 

Iro  was  expressly 
■,     It  may  be  thai 
I  and  contrary  10 
Irohibited  liniitV 
i  may  be  that  the 


preparing  within  these  waters  to  fish  is  ovidenco  of  preparing  to  fish  within  the  pro- 
tiibitpd  waters  under  the  imperial  statute,  and  especially  under  the  Canadian  statute, 
which  places  the  burden  of  proof  on  the  defendant. 

Tlie  iiiidcnsigned  does  not  propose  at  this  time  to  enter  into  any  elaborate  argument 
to  bhow  the  grounds  on  which  the  penalty  of  forfeiture  is  available  because  that 
qucsUou  is  one  which  is  more  suitable  for  ileteruiinatiou  by  the  comes,  to  whoso  de- 
cision it  has  been  referred  in  the  very  case  under  consideration. 

The  decision  in  the  case  of  the  David  J.  Adamit  will  be  noon  pronounced,  and  as  the 
Government  of  Canada  will  be  bound  by  the  ultin-.a^o  .judgment  of  compoieut  au- 
thority on  this  question,  and  can  not  be  expected  to  acquiesce  in  the  view  of  the  United 
States  Government  without  such  ajudgmont,  any  argumentof  the  case  in  diplomatio 
form  would  be  premature  and  futile. 
In  order,  however,  to  show  that  Mr.  Phelps  is  in  error  when,  he  assumes  that  tho 
I  practical  construction  hitherto  given  to  tho  treaty  is  in  accordance  with  his  views,  it 
I  ft  as  well  to  state  that  in  the  year  Iblf)  tho  commander  of  one  of  Her  Majesty's  ships 
of  war  seized  four  United  States  fishing  vessels  (see  Sabiuo  on  F'isheries),  and  again 
in  1817  tho  Imperial  Government  acted  on  tho  view  that  they  had  the  right  to  seize 
,f(irei};n  vessels  encroaching  oii  the  fishing  grounds.     Instructions  were  issued  by  Great 
liritain  to  seize  Ibreig?*  --et!"  - !  ^^   hhing  or  at  a,nchor  in  any  of  the  harbors  or  creeks  in 
tho  British  North  American  possesaion.s,  or  within  their  juaritime  jurisdiction,  and 
jficnd  tiiora  to  Halifax  for  adjudication.     Several  vessels  were  seized  and  information 
was  fully  communicated  to  the  Government  of  the  United  States.    This,  it  will  be 
remembered,  was  not  only  before  the  treaty,  but  before  the  imperial  act  above  re- 
[ferred  to. 

Tho  following  were  tho  words  of  the  Admiraicy  instructions  then  issued: 
"  On  your  niectin."'  with  any  foreign  vecsels,  fishing  or  at  anchi.r  in  any  of  the  bar- 
Ibors  or  creeks  -a  His  Majesty's  North  American  provinces,  or  nithin  our  maritime 
Jnrisiliction,  yoa  will  seize  and  send  such  vessels  so  trespassing  to  Halifax  for  adjudi- 
[cation,  unless  it  t*hould  clearly  appear  that  they  have  been  obliged  to  put  in  there 
lin  consequence  of  distress,  acquainting  mo  with  the  cause  of  such  seizure  and  every 
JKtlur  particular,  to  enable  me  to  give  all  information  to  the  lords  commissioners  of 
itup  Admiralty." 

Unibsr  these  instructions  eleven  or  twelve  American  fishing  vessels  were  seized  in 
Nova  Scotia  on  June  8,  1817,  in  consequence  of  their  frequenting  some  of  the  harbors 
)f  that  province. 

In  1H18  tho  fishing  vessels  Mahby  and  Washington  were  seized  and  condemned  for 
•nterinR  and  harboring  in  British  Americixn  waters. 

In  iH'ib  the  Java.  Independence,  Magnolia,  and  Ilart  were  seized  and  confiscated, 
tho  principal  charge  being  that  they  were  within  British  American  waters  without 
lc;;al  cause. 
In  1840  the  Papinean  and  Mary  were  seized  and  sold  for  purchasing  bait. 
In  the  spring  of  1H19  a  United  States  fishing  vessel  named  tho  Churlex  was  selj^ed 
uul  condemned  in  the  vice-admiralty  court  in  New  BruLswick  for  having  resorted 
to  a  harbor  of  that  province  after  warning  and  without  necessity. 
I  III  the  year  1871  tho  United  States  fishing  vessel  J.  II.  N'lJccrson  was  seized  for  bar- 
ing purchased  bait  within  15  nnirino  miles  of  Nova  Scotia  n  shore,  and  condemned 
\y  iho  judgment  of  Sir  V/illiam  Young,  chief  justice  of  Nova  Scotia  aud  judge  of  the 
konrt  of  vice-admiralty.     The  following  is  a  passage  from  his  judgment : 

"The  vessel  went  in,  not  to  obtain  wate  or  men,  as  the  allegation  says,  buttopnr- 
Ihaso  or  procure  bait  (which,  as  I  take  it,  is  a  preparing  to  fish),  and  it  was  contended 
Ibat  they  bad  a  right  to  do  so,  and  tiiat  no  forfeiture  accrued  on  such  entering.  The 
Inswcr  is,  that  if  a  privilege  to  enter  our  liarbors  for  bait  w^as  to  be  conceded  to 
Lmerican  flrfhermen  it  ought  to  havo  been  in  the  treaty,  aud  it  is  too  important  a  mat- 
er to  have  been  accidentally  overlooked.  Wo  know,  indeed,  from  the  state  papers  that 
'■  was  not  overlooked ;  that  it  was  suggested  and  declined.  But  the  court,  as  I  have 
Jbcady  i  ntimated,  does  not  insist  upon  that  as  a  reason  for  its  judgment.  What  may 
it'airly  and  justly  insisted  on  is,  that  beyond  tho  fourpurposes  si)ecilied  in  the  treaty — 
Wtor,  repairs,  water,  and  wood — hero  is  another  purpo.se  or  claim  not  specified,  while 
bo  treaty  itself  declares  that  no  such  other  purpose  shall  be  received  to  justify  an 
Qtry.  It  appears  to  me  an  inevitable  conclusion  that  tho  J.  B.  Nickerson,  in  entering 
ioBay  of  Ingouish  for  the  purpose  of  procuring  bait  while  there,  became  liable  to 
Jrlciture,  and  upon  tho  true  construction  of  the  treaty  and  acta  of  Parliament  was 
^!;ally  seized."  (  Vide  Halifax  Com.,  vol.  iii,  p.  3iJ98,  Washington  edition.) 
lu  view  of  theco  seizures  and  of  this  decision  it  is  difllcult  to  understand  the  follow- 
ij,'  i)a8sago.<'  in  tho  letter  of  Mr.  Phelps : 

"The practical  constrtietion  given  to  tho  treaty,  down  to  the  present  time,  has  been 

entire  accord  with  tho  conclusions  thus  deduced  from  tho  act  of  I'arliament.    Tho 

ritisli  Government  has  repeatedly  refused  to  allow  interference  witli  American  tisli- 

^g vessels,  unless  fur  illegal  thihiug,  and  has  given  explicit  orders  to  the  contrary." 

S.  Ex.  113 U 


im 


THE    FI8HERIKS    QUESTION. 


Kl 


n 

i    , 


"  Judicial  nntliority  npon  the  quostion  is  to  tho  Hanie  effect.  That  the  pnrchafie  of  I 
bait  by  Auiericaii  fislicniipu  in  flin  provinoiul  ports  has  been  a  couiiuou  pructiceisl 
well  known,  but  in  no  case,  so  i'ar  as  I  can  ascertain,  lias  u  Hciznre  of  an  American ( 
vessel  ever  been  enforced  on  the  groiiiid  of  the  purchase  of  bait  or  of  any  other  «np- 
plies.  On  tlie  hearing  before  the  Halifax  Fihliery  ConniiisHicui  in  1877-78,  this  (inesi 
lion  was  (liscnsKed  and  no  case  could  he  produced  of  any  siu'h  condeumation.  Vcsf 
hcIh  shown  to  have  been  eondc  inned  were  in  all  cases  adjiulged  guilty,  either  of  fisbiugl 
or  preparing  to  iinh  within  the  prohibited  limits," 

\lthongh  Mr,  riieljis  is  under  tho  impression  that  "  in  the  hearing  before  the  Huli- 1 
lax  Fishery  Coininission  in  1877  tins  tintstion  wasdiseuKScd  and  no  case  could  he  pro-l 
dnced  of  ai\y  such  condeniuation,"  tho  fact  appears  in  the  records  of  that  Commission,  1 
aspnblislied  by  the  (iovcrnnicnt  of  the  Unitcil  States,  that  on  a  discussion  which  Iberel 
arose,  the  instances  above  mentioned  were  nearly  all  cited,  and  tho  judgni<!nt  of  Sir  I 
William  Young  in  the  case  of  the  ./.  //.  Niclrrson  was  presented  in  full,  and  it  now] 
appears  among  the  ])aper8  of  that  Connnission,  (Seo  vol.  iii,  Documents  and  Pro- 1 
ceedingsof  llalifiix  Coinniission,  page  IWUH,  Wat'hiugtou  edition,)  The  decision  inj 
the  case  of  the  ./.  IJ.  I\khcvson  was  subsequent  to  that  in  the  case  of  tho  While  Fu\n\ 
mentioned,  to  the  es(^lnsion  ofall  .he  other  cases  referred  toby  Mr.  Phelps,  Whelhetl 
that  dceiKion  should  be  reatlirnicd  or  uot  is  a  question  more  suitable  for  judicial  de.| 
termiuatiou  than  lur  discussion  here. 


UIOUT  of   Tlir,   DOMIXIOX  PAULIAMK.XT  TJ  make   FISIIEUT  KNACTME.1IT8, 


\W"' 


Mr,  Plicl])H  deems  it  uMnecesf.ary  to  point  out  that  it  is  not  in  the  power  of  tlic| 
Canadian  I'arliament  to  alter  orenlargo  the  provisions  of  tho  act  of  the  Imperial  Par- 
liament, or  to  give  to  tho  treaty  either  a  construction  era  legal  efl'ect  not  warrauted] 
by  that  act. 

Ko  attempt  has  ever  been  made  by  the  Parliament  of  ('in  da,  or  by  that  of  any  of) 
the  provinces  to  give  a  "construction"  to  'lie  treaty,  hut  Iho  undersigned  tjiunitj. 
that  the  ri^hl  of  the  rarliamct  of  Canada,  wiih  Idie  royal  assent  given  in  the  man- 
ner provided  in  the  cm  stitntnui,  to  pass  an  act  on  this  subject  to  give  that  treaty  | 
effect,  or  to])rotect  tho  people  of  Canada  from  the  iiifringr-  <  ;trf  the  treaty  jirovis- 
ions,  is  clear  beyond  (incstion.  An  act  of  that  parliauuMil,  diily  imssed  according  to  I 
constilutional  Ibrnis,  has  as  mnnli  tho  force  of  law  in  Caiuula,  and  bindd  as  full;  j 
otl'endcrs  who  may  come  within  its  jniisdiction,  as  any  act  of  tho  Imperial  rarlianitnt. 

The  ('ilbrts  mailn  on  the  part  of  tho  Govern'  -tit  ot  the  United  Statts  to  deny  ami  I 
lefnte  the  validity  of  colonial  statutes  on  th     subject  have  been  coutiuuod  for  mam\ 
years,  and  in  eveiy  instance  have  been  set  at  naught  by  the  Imperial  authorities  iunl 
by  the  jnrtieial  tribunes. 

In  May,  1870,  this  vaincontentiri  ^vascom))letely  abaudoncd   n  circnhu"  was  issued  I 
by  the  Treasury  Dci)ariment  at  W.ashington,  in  whid'  eirenlar  i\\\\  iU'raiUis  to  whoin 
it  was  sent  wore  authorized  and  directed  to  inlbrih  i.ll  masters  ofllshiug  vessels  tbatl 
the  authorities  of  the  Dominion  d'  t'.iaadtt  had  resolved  to  termir.at"  tho  system  of  j 
granting  lishiiig  liciMiRes  to  foreign  vessels. 

The  (iirenh-r  proceeds  to  state  the  terms  of  tho  treaty  of  1818  in  order  that  Uuited] 
States  li.siuuiueii  might  be  informed  of  the  limitation  thereby  placed  on  their  privi- 
leges,    It  proceeds  further  to  set  out  at  large  the  Can  ulian  act  of  IBtid,  relating  to  | 
lisliing  by  lor  "i;^n  vessi'ls,  which  lifts  becu  hereinbcforo  referred  to, 

Tho  (ishermeii  of  the  United  States  were  by  that  circular  expressly  warned  of  tliel 
natureot  tho  Canadian  statute,  wliic''  it  is  now  once  more  pretended  is  without  force,  I 
but  no  intimation  was  given  to  those  lishermon  that  these  iirovisions  were  nugatory 
and  would  be  resisted  by  tho  United  States  Government,     Lest  there  should  bo  auy 
misapprehension  on  thiit  siibji  ct,  however,  on  Juno  9  of  the  same  year,  less  thaua 
month  alter  that  circular,  another  circular  was  isued  ^"om  tho  same  Departiueat| 
stating  again  the  terms  o^  the  treaty  of  1818,  apd  .hen  containing  tho  following  par- 
agraph :  "  1'  'shermcn  of  the  Uuite.l  States  arc  bound  to  respect  tho  British  laws  lor] 
thort*^'ilation  and  preservation  of  tlio  lis'    "ies  to  the  same  extent  to  which  they  an  [ 
applioable  to  l?ri(  ish  and  Canadian  fisiiermou,"  The  same  circular,  noticing  the  chaugo  | 
made  in  the  CaiKidian  lishery  act  of  1808  by  the  amendment  of  1870,  make.sj^his  ol)«cr- 
vation  :  "  It  will  be  observed  that  tho  warning  formerly  given  is  not  required  iiudiTl 
the  amended  act,  but  that  vessels  trespassing  are  liable  to  seizure  without  such  waiii-| 
ing." 

THE  CANADIAN  STATUTE  OK   1886. 

Mr,  Phelps  is  again  nnder  an  erroneous  impression  with  regard  to  the  statute  iutro-| 
diiccd  at  the  last  scs.^;*!)!!  of  th(i  Dominion  Parliament. 

Ho  is  informed  that  ''since  the  seizure"  tlu^  Canadian  authorities  have  pressed, nrl 
arejiressing,  through  theCanadiaii  Parliament  in  mutdi  haste, an  act  which  is «!esigm-'(l, 
l<)r  the  first  tiuioiu  the  history  of  tho  legislature  under  this  treity,  to  make  the  facta  I 


THE    nsriKRlFS  Ql'K-sTlOX. 


83 


t  the  purchnse  of 
iiruou  practice  is  I 
of  an  American! 
if  any  otlier  hiip-j 
77-78,  this  (iiiesi 
icmriiition.  Vest 
',  either  of  tishiiig 

t  before  the  Ilalij 
use  couhl  be  pro-] 
lhatComnii,sKion,  I 
ision  which  Ibercl 
jiulginent  of  Sir! 

full,  and  it  nnnl 
nnionts  and  Pro- 1 

The  decision  ini 
"  the  While  lunni 
.'helps.  WLelhetl 
0  for  judicial  (le-j 


4CTMENT8. 

he  power  of  tlic  I 
the  Imperial  Tar  I 
ct  not  warruutcdl 

by  that  of  any  of) 
ersigni'd  t  .il)iiiii> 
^iveu  in  the  maul 
give  that  treaty  | 
he  treaty  provis- 
ascd  accordint;  to  I 
nd  bindsi  as  fully  f 
icrial  rartiaiiiiiu, 
atcB  to  deny  ami  I 
riunod  for  many  I 
A  authoriticis  uml 

enliir  was  issued  I 
ui.siMis  to  wlxmi 
nog  vessels  that  I 
ht^  the  system  of  I 

rdor  that  United 
1  on  their  privi- 1 
18t5d,  relating  to 

y  warned  of  tlie| 
8  without  force, 
8  were  nugatory] 
e  should  bo  any  I 
fear,  less  than  a 
,mo  Departim!at| 
10  following  par- 
British  laws  tori 
which  they  arc 
cingthecbauge| 
nake.sj^his  ob«er- 
required  uuderl 
hout  such  wara- 1 


he  statute  iutro- 

have  presHod.orj 

hichisdesigneii,  I 

make  the  facts  I 


npon  which  the  American  vessels  have  boon  seized  illegal,  and  to  authorize  procecd- 
iiigs  aRninst  them  therefor. 

The  following  observations  are  appropriate  in  relation  to  this  passage  of  Mr.  Phelps's 
]i»:t(T: 

(1)  Tlie  act  which  he  refers  to  was  not  passed  in  haste.  It  was  passed  through 
the  two  lioiiacB  in  tlio  usual  manner,  and  with  the  observance  of  all  the  usual  forms. 
Its  passage  occupied  probably  more  time  than  was  occupied  in  the  passage  through 
the  ('(UiyresH  of  the  United  States  of  a  measure  which  poss  sses  much  the  saniechar- 
utlcr,  and  whioh  will  bo  jcfirred  to  hereafter. 

(2)  The  act  has  no  bearing  on  the  nciznres  referred  to. 

(I!)  It  does  not  make  any  act  illegal  whi<  li  was  legal  before,  but  declares  what  pen- 
alty attaches  to  the  oll'enses  which  were  already  j)iohibitid.  It  may  be  observed  in 
ri'lereiico  to  the  charges  of  "  nndue  haste,"  and  of  "  legislating  for  the  lirst  time  in 
tlio  history  of  the  legislation  under  the  treaty,"  that  before  the  statu  to  referred  to  had 
bf'couii;  law  the  United  States  Congress  passed  a  statute  containing  the  following  sec- 
tion : 

'•Tba\;  whenever  any  foreign  .'onntry  whoso  vessels  have  been  placed  on  the  same 
footing  in  the  jiorts  of  United  States  as  American  vessels  (the  coastw  ise  trade  excepted ) 
shall  (l(Miy  to  any  vessel  of  the  United  States  any  of  the  connncrcial  privileges  ac- 
corded to  national  vessels  in  the  harbors,  ports,  or  waters  of  snch  foreign  (•f)nntry,  the 
I'lcsidciil,  on  receiving  cat  istiu  tory  intbrmation  of  the  eontinnanco  of  such  discrini- 
iuations  against  any  vessel  of  the  United  .States,  is  hereby  authorized  to  issue  his 
pM)('hiiiiatioii,exchuling,  on  and  after  such  time  as  he  may  indicate,  from  the  exercise 
of  such  commercial  jn  ivileges  in  tho  ports  t,f  the  United  States  as  are  denied  to  Ameri- 
can vcsyels  in  tlio  ports  of  each  foreign  cmntry.all  vessels  of  such  fcneigu  country  of 
a  sraiihir  character  t )  tho  vessels  of  the  ilnited  States  thus  discriminated  against,  ami 
suspciKliog  snch  eoujessions  previousl;,' granted  to  tho  vessels  of  such  country  i  and 
on  and  after  the  date  named  in  such  proclamation  for  it  to  takeelVitt,  if  the  master, 
oliic(>r,or  agent  of  a  ly  vessel  of  snch  loiciun  touiitry  excluded  by  said  pioclamalioii 
fioin  the  exercise  of  any  commercial  p'lvlleges  snail  do  any  act  prohibited  by  said 
proclamation  in  the  ports,  harbors,  or  waters  of  tho  United  States  for  or  on  aicoiml 
of  such  vessel,  such  vessel  and  its  rigging,  tackle,  furniture,  and  boats,  and  all  the 
goods  on  board,  shall  bo  liable  to  seizure  and  to  forfeiture  to  tho  United  Stales  ;  and 
any  pi'r.son  opposing  any  ollicer  of  the  United  States  in  the  entbrcement  of  this  act,  or 
aiding  and  abetting  any  other  person  in  such  opposition,  shall  fiirfvit  tHOl)  ami  shall 
liegnilly  of  a  iiiiHtlenicanor,  and,  upon  conviction,  shall  be  lialde  (o  Imptisiininent  for 
a  term  not  exceeding  two  years."     (Sec.  17  of  act  No.  85  of  Oonuless,  iHSIi.) 

This  cnaitnient  bus  all  the  features  of  hostilily  which  Mr.  Thelps  has  stigmatized 
as  "  unprecedented  in  the  history  of  legislation  under  tho  treaty." 

ENlfOUCEMENT  OF  THE  ACTS   WITHOUT   NOTICE. 

Jlr.  Phelps  insists  upon  what  ho  regards  as  "  obvious  grounds  of  reason  and  Justice  " 
and  "  npon  eonr.non  iirinciplesof  comity,  that  previous  notice  should  have  been  given 
of  the  new  stringent  restrictions"  it  was  intended  to  enforce. 

It  has  alreaily  been  shown  that  no  now  restrictions  liavo  been  attempted.  The  case 
cf  the  David  J.  Adams  is  proceeding  under  tho  statutes  which  have  been  enforced 
during  the  whole  time  when  tho  treaty  had  operation. 

It  is  true  that  for  a  short  time  jirior  to  the  t "eaty  of  Washington,  and  when  exjice- 
tations  existed  of  such  a  treaty  being  ari'ived  at,  tho  instructions  of  Ib70,  which  are 
cited  by  Mr.  Phelps,  were  issued  by  the  Imperial  authorities.  It  is  likewise  true  that 
under  these  instructions  tho  rights  of  Her  Majesty's  subjects  in  Canada  were  notii  - 
sistcd  on  in  their  entirety.  These  instructions  were  obviously  apiilicablo  to  tho  par- 
ticular time  at  which  and  the  jiarticular  circumstances  under  which  they  were  issued 
by  llcr  Majesty's  Government. 

But  it  is  obviously  unlair  to  invoke  them  now  under  wholly  different  circumstances 
as  establishing  a  "practical  construction"  of  the  treaty,  or  as  affording  any  ground 
for  claiming  tbat  the  indulgence  which  they  extended  should  bo  periietual. 

Tho  lishery  clauses  of  the  treaty  of  Washington  %vere  annulled  by  a  notice  from  the 
flovcrumeiit  of  the  United  States,  and,  as  has  already  been  nrged,  it  would  seem  ti) 
have  been  tho  duty  of  that  Government,  rather  than  of  tho  Government  of  Canada,  to 
have  warned  its  own  people  of  tho  consequences  which  must  ensue.  This  was  doni' 
ill  1H70  by  tho  circulars  I'rom  tho  Treasury  Department  at  VV'ashington,  and  might 
well  have  been  dono  at  this  time. 

Mr.  Phelps  has  been  pleased  to  stigmatize  "tho  action  of  the  Canadian  authority 
in  .seizing  and  still  detaining  the  David  J.  Adams"  as  not  only  unfriendly  and  dis- 
courteous, but  altogether  unwarrantable. 

He  proceeds  to  state  that  that  vessel  "  had  violated  no  existing  law,"  although  his 
letter  cites  tho  statute  which  she  had  directly  and  plainly  violate,d  ;  and  he  Htat<  m 
that  she  "had  incurred  no  penalty  that,  any  known  statute  iinpo-sed"  ;  while  he  liiis 


84 


THE    riSllERIES    C^UESTIOX. 


directed  at  large  the  words  which  inflict  a  penalty  for  the  violation  of  that  statn'e. 
Ho  doclares  it  (jecuiH  iiiipossiblo  for  him  to  escape  the  conculsion  that  "  this  and  simi- 
lar  seizures  were  niade  Uy  the  Cauadiau  authorities  for  the  deliberate  purpose  of  har- 
assing and  oiiiharrassing  the  Aniorican  fishing  vessels  in  the  pursuit  of  their  lawful 
employnient,"  and  that  the  injury  is  very  much  aggravated  by  the  motives  which  ap- 
pear to  have  prompted  it. 

Ho  jirofesses  to  have  foutid  the  real  source  of  the  difFiculty  in  the  "  irMtation  that 
lias  taken  place  among  a  jmrtioii  of  the  Canadian  people,  on  account  of  the  termina- 
tion by  the  United  States  (lovernment  of  the  Washington  treaty,"  and  in  a  desire  to 
drive  tlie  United  States  •'  by  harassing  and  annoying  their  lisherniou  into  the  adop- 
tion of  a  new  treaty,  by  which  Canadian  iish  shall  be  admitted  free,"  and  he  declares 
that  "this  scheme  is  likely  to  prove  as  mistaken  in  policy  as  it  is  unjustifiable  in 
l)rinei'ile." 

Ho  might,  fierhajis,  have  more  accurately  stated  the  real  source  of  the  difficulty, 
had  he  suggested  that  the  United  States  authorities  have  long  endeavored,  and  are 
still  endeavoring,  to  obtain  that  which  by  their  solemn  treaty  they  deliberately  re- 
nounced, and  to  deprive  the  Canadian  people  of  that  which  by  treaty  the  Canadian 
people  lawfully  ac(|uiied. 

The  people  of  the  British  North  American  Provinces  over  since  the  year  1818  (with 
the  excejition  of  those  periods  in  whioli  the  reciprocity  ireaiy  and  the  fishery 
clauses  of  the  Washington  treaty  prevailed),  have,  at  enormous  expense,  and  with 
great  diflicnlty,  been  protecting  their  fisheries  against  encroachments  by  lishermeu 
of  the  United  States,  carried  on  under  every  form  and  pretext,  and  aided  by  such  de- 
nunciations as  Mr.  Phelps  has  thought  proper  to  reproduce  on  this  occasion.  They 
value  no  less  now  than  they  formerly  did  the  rights  which  were  secured  to  them  by 
the  treaty,  and  they  are  still  indisposed  to  yield  those  rights,  either  to  individual 
aggression  or  official  demands. 

'I'ho  course  of  the  Canadian  Government,  since  the  rescision  of  the  fishery  clauses 
of  the  Washington  treaty,  has  been  such  as  hardly  to  merit  the  aspersions  which  Mr. 
Phelps  has  used.  In  order  to  avoid  irritation  and  to  meet  a  desire  which  the  Govern- 
ment repieseuted  by  Mr.  Phelps  professed  to  entertain  for  the  settlement  of  all  ques- 
tions w  hiih  could  reawaken  controversy,  they  canceled  for  six  months  after  the  ex- 
piration of  those  clauses  all  the  benefits  which  the  United  States  fishermen  had  en- 
joyed under  them,  although,  during  that  interval,  the  Government  of  the  United 
States  enforced  against  Cauadiau  fishermen  the  laws  which  those  fishery  clauses  had 
suspended. 

Mr.  liayard,  the  United  States  Secretary  of  State,  has  made  some  recognition  of 
those  facts  in  a  letter  which  he  is  reported  to  have  written  recently  to  the  owners  of 
the  David  J.  Jdams.     He  says  : 

"More  than  one  year  ago  I  sought  to  protect  our  citizens  engaged  in  fishing  from 
results  which  might  atteud  any  possib'<j  misunderstanding  between  the  Governments 
of  Great  Britain  and  the  United  States  as  to  the  measure  of  their  mutual  rights  and 
privil<g(s  in  tiie  territorial  waters  of  British  North  America.  After  the  termination 
of  the  tisliery  articles  of  the  treaty  of  Washington,  in  J  une  last,  it  seemed  to  me  then, 
and  stems  to  me  now,  ver^  Iiard  that  dilferences  of  opinion  bet  .een  the  two  Govern- 
ments should  cause  loss  to  honest  .citizens,  whose  line  of  obedience  might  bo  thus 
rendered  vague  and  nncertain,  and  their  projierty  be  brought  into  jeopardy.  Influ- 
enced by  this  feeling,  I  procured  a  temporary  arrangement  whirh  secured  our  fisher- 
iiion  lull  enjoyment  of  all  Canadian  fisheries,  free  from  molestation,  during  a  period 
which  would  permit  discussion  of  a  just  international  settlement  of  the  whole  fishery 
question  ;  but  other  counsels  prevailed,  and  my  efi'orts  further  to  protect  fishermen 
Iroin  such  trouble  as  you  now  suffer  were  imavailing." 

At  the  end  of  the  interval  of  six  months  the  United  States  authorities  concluded  to 
refrain  Irum  any  attempt  to  negotiate  for  larger  fishciry  rights  for  their  people,  and 
they  have  continued  to  enforce  thei'-  customs  laws  against  the  fishermen  and  people 
of  (Janiida. 

Tlie  least  they  could  have  beoa  expected  to  do  under  these  circumstances  was  to 
leave  to  tl'.c  people  of  Canada  the  full  and  unquestioned  enjoyment  of  the  rights  se- 
cured to  tliein  by  treaty.  The  Government  of  Canada  has  simply  insisted  upon  those 
rights  and  has  presented  to  the  legal  tribunals  its  claim  to  have  them  enforced. 

The  insinuations  of  ulterior  motives,  the  imputations  of  unfriendly  dispositions, 
and  tho  siujjularly  iuacourate  representation  of  all  the  leading  features  of  the  ques- 
tions under  discussion,  may,  it  has  been  assumed,  bo  jiasset'  by  with  little  more  coni- 
liieiit.  ihey  arc  hardly  likely  to  induce  Her  Majesty's  Government  to  sacrifice  tho 
rights  which  they  havr>  heretofore  helped  our  people  to  prot'iot,  and  they  are  too 
familiar  to  awaken  indignation  or  s'lrjtrise. 

The  undersigned  resjiectfuily  reeoinmondB  that  thosubfetanco  of  this  memorandum, 
if  appro-  Oil,  be  forwarded  to  tho  i;i' ere  tares'  of  state  for  tho  colonies,  for  the  informa- 
tion of  Her  Majesty's  Government. 

JNO.   S.  r     "'TrOM''?ON, 

Ottawa,  July  22,  1886r  .a<.i:v4t!   ■;  .'    (joe. 


vi^*d'VW 


lat  Btatn'e, 
ia  and  simi- 
|)080  of  har- 
lioir  lawful 
s  which  ap- 

itation  that 
he  tevmina- 
1  a  desire  to 

0  the  adop- 
he  declares 

iistifiahle  iu 

10  dififtculty, 
r^d,  and  are 
iberately  re- 
tie  Canadian 

ir  1818  (with 

the  fifehery 

se,  and  with 

by  i'whermen 

1  by  such  de- 
rtsicn.  They 
d  to  them  by 
;o  individual 

shery  clatises 
na  w'hich  Mr. 
b  the  Goveru- 
it  of  all  ques- 
i  after  the  ex- 
inneu  had  eu- 
3i  the  United 
ry  clauses  had 

ecognition  of 
the  owners  of 


ml 


fishiiiK  from 
Governments 
rights  and 
termination 
tome  then, 
twoGovern- 
<rht  be  thns 
idy.    Infln- 
d  our  fisher- 
ring  a  period 
whole  fishery 
ct  fishermen 

concluded  to 
people,  and 
and  people 

anccH  was  to 
he  rights  so- 
d  upon  those 
[forced, 
dispositions, 
of  the  ques- 
le  more  coni- 
sacriflco  the 
they  are  too 

lemoranduui, 
It  he  in  forma- 


THE   FiaiTERIES   QUESTION.  $5 

No.  333. 
Sir  L.  8.  Saclville  West  to  Mr.  Bayard. 

Washington,  January  28, 1887.    (Received  January  29.) 

Sir  :  With  reference  to  your  notes*  of  the  lOtli  and  20th  of  October 
last,  I  have  the  honor  to  transmit  to  you  herewith  copy  of  a  dispatch 
from  tlie  governor-peneral  of  Canada  to  Iler  Majesty's  secretary  of 
Btate  for  the  colonies  relative  to  the  cases  of  the  American  fishing  ves- 
sels Feart  Nelson  and  Everett  Steele,  which  I  am  instructed  by  Her 
Majesty's  principal  secretary  of  state  for  foreign  aifairs  to  communi- 
cate to  the  United  States  Government. 
1  have,  etc., 

L.  S.  SACKVILL33  WEST. 


rinclosnre.] 


p.^ON, 


iloe. 


The  Marquis  of  Lansdowne  to  Mr.  Stanhope. 

Government  House,  December  20,  1886. 

Sir.  I  had  the  honor  of  receiving  your  dispatch  of  the  2id  of  November  in  regard 
to  the  case  of  the  Everett  Steele  aud  I'earl  Nelson,  recently  detained  at  Slielburne 
and  Arichat,  Nova  Scotia,  for  non-compliance  with  the  customs  regulations  of  the 
Dominion. 

The  circumstances  under  which  the  conduct  of  these  vessek-  attracted  the  attention 
of  the  customs  authorities  were  set  out  in  the  privy  council  onleis  of  the  18th  of  No- 
vember, certified  copies  of  which  were  forwarded  to  you  under  cover  of  my  dispatches 
of  tiie  ii9th  November. 

The  information  contained  in  these  documents  was  obtained  in  order  to  comply 
with  the  request  for  a  report  on  these  two  cases  which  you  had  addressed  to  me  by 
telei^rum  on  a  previous  date.  I  have  now  carefully  examined  the  fuller  st.ateinents 
niiule  by  Mr.  Bayard, both  as  to  the  facts  and  as  to  the  considerations  by  which  tlio 
coiuluct  of  the  local  oQicials  should  in  his  opinion  have  been  governed.  You  will  1 
think  lind,  on  refeienco  to  the  privy  council  orders  already  before  yon,  that  the  argu- 
ments advanced  by  Mr.  Bayard  have  been  suHiciently  met  by  the  observations  of  my 
iMinister  of  nmrine  and  fisheries,  whoso  reports  are  embodied  in  those  orders. 

It  is  not  disputed  that  the  Everett  Steele  was  in  Hhelbuiuo  Harbor  oi;  the  25th 
March  and  sailed  thence  without  reporting.  In  consequence  of  tliis  omission  ou  the 
master's  part  his  vessel  was,  on  her  return  to  Shelburue,  in  Sepi:einber,  detained  by 
the  collector.  The  master  having  explained  that  his  presence  in  the  harbor  had  been 
oecasicnied  by  stress  of  weather,  and  that  his  failure  to  report  was  inadv(!rtent,  and 
this  explanation  having  been  telegraphed  to  the  minister  of  marine  at  Ottawa,  the 
vessel  was  at  once  allowed  to  i)roceed  to  sea;  her  release  took  place  at  noon  on  the 
(lay  following  that  of  her  detention. 

in  the  case  of  the  Pearl  Nelson  it  is  not  denied  that  nine  of  her  crew  were  landed  in 
Arichat  Harbor  at  a  late  hour  in  the  evening  ot  her  arrival  and  before  the  master 
li.id  reported  to  the  custom-house.  It  is  obvious  that  if  laen  were  to  bo  allowed  to 
go  on  shore,  under  such  circumstances,  without  notification  to  the  authorities,  great 
ta(  ilities  would  bo  otfered  for  lauding  contraband  goods,  and  there  can  be  no  question 
that  the  master,  by  permitting  his  men  to  laud,  was  guilty  of  a  violation  of  sections 
y.')  and  180  of  the  customs  act.  There  seems  to  lie  reason  to  doubt  his  statement  that 
lie  was  driven  into  Arichat  by  stress  of  weather;  but,  be  this  as  it  may,  the  fact  of 
his  having  entered  the  harbor  for  a  lawful  purpose  wouhl  not  carry  with  it  a  right  to 
v-vade  the  law  to  which  all  vessels  frequentiug  Canadian  ports  are  amenable.  In 
this  case,  as  iu  that  of  the  Everett  Steele,  already  referred  to,  the  statement  of  the 
master  that  his  od'ense  was  due  to  inadvertence  was  accepted,  and  the  tine  imposed 
at  once  remitted. 

I  observe  that  in  his  dispatch  relating  to  the  first  of  these  cases  Mr.  Bayard  insists 
with  nnich  earnestness  u))on  the  fact  that  certain  "prerogatives"  of  access  to  the 
territorial  waters  of  the;  Dominion  were  specially  reserved  under  the  convention  of 
181H  to  the  fishermen  of  the  United  States,  and  that  a  veusel  entering  a  Canadian  har- 
hor  for  any  purpose  coming  within  the  terms  of  Article  1  of  that  convention  hae  as 

'rrinted  pp.  419,  4'21,  Foreign  ReTatious,  1886. 


I  (I 


Uil 


86 


TITK    FISIIi:UIi:S   QUr.STiON. 


iiiucL  right  to  be  in  tliut  harbor  as  sho  would  have  to  be  upon  the  high  seas,  and  ho 
liroceeds  to  iustituto  a  comparison  between  the  detention  of  tha  Everett  Steele  nnd 
tJie  wron<jfiil  seizure  of  a  vessel  on  tlu!  high  seas  upon  the  suspiciou  of  being  engaged 
in  the  slave  trade.  Mr.  Bayard  further  calls  attention  to  1  '» special  consideration  to 
which,  from  the  circumstances  of  their  profession,  the  iisli  iien  of  the  United  States 
are,  in  his  opinion,  entitled,  and  he  dwells  upon  the  extent  finjury  which  wonld  re- 
sult to  them  if  they  were  debarred  from  the  exercise  of  au^  I"  the  rights  assured  to 
them  by  treaty  or  convention. 

I  observe  that  in  Sir  .lulian  Pauncefotii's  letter  incloso<l  in  your  dispatch  it  isst.itod 
that  the  secretary  of  state  for  foreign  atfairs  wishes  to  urge  upon  the  Dominion  Gov- 
ernment the  great  importance  of  issuing  stringent  instructions  to  its  officials  not  to 
interfere  with  any  of  the  privileges  expressly  reserved  to  United  States  tishcrmen  un- 
der Article  1  of  the  convention  of  1818. 

I  trust  that  the  exijlaiiations  which  I  have  already  been  able  to  give  in  regard  to 
the  cases  of  these  vessels  will  luive  satisfied  yon  that  the  facts  disclosed  do  not  show 
any  necessity  for  tin;  issuing  of  instructions  other  than  those  rtlready  circulated  to  the 
local  oilicials  intrusted  with  the  ex(>ciition  of  the  customs  as  lishery  law. 

There  is  cc'rtainly  no  desire  on  the  part  of  my  Government  (nor,  I  bcdieve,  does  the 
conduct  of  the  local  officials  justify  the  assumption  that  such  a  desire  exists)  to  cur- 
tail in  any  respect  the  privileges  enjoyed  by  United  States  tisherineii  in  Canadian 
waters.  It  can  not  on  the  other  lian<l  be  contended  that  because  these  privileges  exist, 
and  are  admitted  by  the  Government  of  the  Dominion,  those  who  enjoy  tln^m  are  to 
lie  allowed  immunity  from  the  regulations  to  which  all  vessels  resorting  to  Canadian 
waters  are  without  exception  Bubjected  under  tlie  customs  act  of  18a3  and  the  dill'er- 
ent  statutes  relating  to  the  iisheries  of  the  Dominion. 

In  both  of  the  cases  under  consideration  their  was  a  clear  and  undoubted  violation 
.)f  the  law,  and  the  local  officials  would  have  been  culpable  if  they  had  omitted  to 
notice  it.  That  there  was  no  animus  on  their  part  or  on  that  of  this  Canadian  Gov- 
ernment is,  I  think,  clearly  proved  by  the  pronii)titude  with  which  the  circumstances 
were  investigated  and  the  readiness  shown  to  overlook  the  oflense,  and  to  remit  the 
penalty  incurred,  as  soon  as  ]»roof  was  forthcoming  that  the  oflense  had  been  unin- 
tentionally committed.  In  support  of  this  view  I  would  draw  your  attention  to  the 
letter  (nee' inclosure  to  my  dispatch  (  -.  2'Jth.  November)  of  Mr.  Phelan,  the  consul- 
general  of  the  United  States  at  Halifax,  who  has  expressed  his  own  satisfaction  at  the 
action  of  the  authorities  in  the  case  of  the  I'earl  NeUon  and  who  also  I'efers  to  a  com- 
munication received  by  him  from  the  Department  of  State,  in  which  it  is  stated  that 
the  conduct  of  the  assistant  commissioner  of  customs  in  dealing  with  two  other  cases 
of  a  somewhat  similar  complexioa  "  shows  a  proper  spirit." 
1  have,  etc., 

LANfDOWKS. 


No.  334. 


Sir  L.  8.  SacJiville  West  to  Mr.  liayard. 

WA-SniNGTON,  April  4,  1887.  (Received  April  (3.) 
Sir  :  With  reference  to  my  note  of  the  28tli  of  January  last,  I  have 
the  honor  to  inclose  to  you  herewith  copy  of  an  approved  report  of  a  com- 
mittee of  the  privy  council  ofCanada,  embodying  a  report  of  the  minister 
of  marine  and  fisheries  on  the  cases  of  the  United  States  fishing  vessels 
Pearl  Nelson  and  Bvcrejit,  Steele. 
I  have,  etc.^ 

L.  S.  Sackville  West. 


T* 


[Inclosurn.j 

Cirtiiel  copy  of  a  report  of  a  commiHee  of  the  honorahte  the  privy  couveilfor  Canada,  ap- 
ptorcd  I'lf  his  excel lenoif  the  governnr-fjeneral  in  coiituiil,  on  the  litth  January,  1887. 

The  committee  of  the  privy  council  have  had  under  consideration  a  dispatcn  dated 
November  2'?,  18Hff,  from  the  secretary  of  state  for  the  colonies,  inclosing  letters  from 
Mr.  Secretary  Bayard,  bearing  date  19th  October,  and  refeniufj  to  the  cases  of  the 
Itjioonors  Vearl  Nelson  and  Everett  Steele. 


THE  FISHEEIES   QUESTION. 


87 


AN#DOWNB. 


Till"  minister  of  marine  and  fisliorlps,  to  whom  tlio  dispatcli  and  iiwlosnies  were  iv- 
fciTod,  nn'orts  that  in  reply  to  a  ti^lc^rain  i'roiii  tlio  socirctary  of  ntato  lor  tlio  rolonics, 
ail  orilcr  in  council,  passed  ou  the  Ihtli  Noveinlici'  last,  ('ontaiiiiii};  a  full  Htali'munt  of 
facts  regarding  the  detention  of  the  abovivnanicd  vchsoIs,  wa-s  IraiiHinitted  to  Mr. 
Stinibo[io;  it  will  uot  therefore  bo  necessary  to  repeat  this  statemcut  in  the  present 

report. 

The  minister  observes  in  the  first  place  that  the  two  fishinj?  schooners  Ev<retl  Steele 
and  reatl  Nelson  wore  not  detained  for  any  alleged  contravention  of  the  treaty  of 
1818  or  the  li^hery  laws  of  Canada,  but  solely  for  the  violation  id'  the  ensfoni.s  law. 
Bv  this  law  all  vessels  of  whatever  character  are  rerjnired  to  ro|)ort  to  the  collector 
of  customs  immediately  upon  entering  port,  and  are  not  to  break  bulk  or  land  trow 
or  cargo  before  this  is  done. 

The  minister  states  that  the  captain  of  tho  Ervrctt  Steele  had  on  a  previous  voyage 
eutercd  the  port  of  Shelburue  on  the  ysth  March,  IdtiG,  and  aft  erreiiiainiiig  for  eight  hours 
liml  put  to  sea  again  without  reporting  to  the  customs.  For  this  previous  olfciiHi!  he 
was,  upon  entering  Sholburno  Harbor  on  the  10th  September  last,  d('taine<l  and  the 
facts  were  reported  to  the  minister  of  customs  at  Ottawa.  With  these  facts  was 
coupled  the  captain's  statement  tliat  on  the  occasion  of  Ihct  previous  otlenso  he  had 
heeu  misled  by  the  deputy  harbor-master,  from  whom  he  undc^rstood  that  he  would 
not  be  obliged  to  report  unless  ho  remained  in  harbor  for  twenty-four  hours.  The 
minister  accepted  the  statement  in  excuse  and  tho  Eierctt  Steele  was  allowed  to  pro- 
ceed on  her  voyage. 

The  customs  laws  had  been  violated ;  tlv>  captain  of  tho  Everett  Steele  admitted  the 
violation,  and  for  this  the  usual  penalty  could  have  been  legally  enforced.  It  was, 
however,  uot  enforced,  and  no  detention  of  the  vessel  occurred  beyond  the  time  neces- 
sary to  report  the  facts  to  headquarters  and  obtained  the  decision  of  tho  minister. 

The  minister  submits  that  ho  can  not  discern  in  this  transaction  any  attemiJt  to  in- 
terfere with  the  privileges  of  United  States  lishing  vessels  in  Canadian  waters  or  any 
Bufliciimt  case  for  tho  protest  of  Mr.  bayard. 

The  minister  states  that  in  the  case  of  the  Pearl  Nelson  no  question  •wtrn  raised  as  to 

'  her  being  a  fishing  vessel  or  her  enjoyment  of  any  privileges  guarantied  by  the  tr»aty 

of  1818.    llcr  captain  was  charged  with  a  violation  of  the  customs  law,  and.  «f  that 

alone,  by  having,  on  the  day  before  reporting  to  the  collector  of  customs  ut  JLrichat, 

landed  ten  of  his  crew. 

This  he  admitted  upon  oath.  When  the  facts  were  reported  to  tho  minister  ot  cus- 
toms he  ordered  that  the  vessel  might  proceed  upon  depositing  $200,  pending  a  fuller 
examination.  This  was  done,  and  the  fuller  examination  resulted  in  establishing  the 
violation  of  tho  law  and  in  finding  that  the  penalty  wat-  legally  enforceable.  The 
minister,  however,  in  consideration  of  the  alleged  ignoranre  of  tlw-  captain  as  to  what 
constituted  an  infraction  of  the  law,  ordered  the  deposit  to  be  rertiii.ied. 

In  this  1  ;i^  there  was  a  clear  violation  of  Canadian  law  ;  there  was  no  lengthened 
(ittontion  of  the  vessel ;  the  deposit  was  ultimately  remit'«id,  and  the  United  Htates 
consul  general  at  Ha  i  ifax  expressed  himself  by  letter  to  tliv  minister  as  highly  pittiued 
at  the  result. 

Tho  minister  observes  that  in  this  case  he  is  at  a  loss  to  discover  any  ir«^~fonnded 
grievance  or  any  attempted  denial  of  or  interference  with  any  privileges  piairantied 
to  United  States  fishermen  by    ho  treaty  of  1818. 

The  minister  further  observes  that  the  whole  argument  and  protest  of  Mr.  Bayard 

nppears  to  proceed  upon  the  assumption  that  these  two  vessels  were  subjected  to  uu- 

ivarrantable  interference  in  that  they  were  called  upon  to  submit  to  the  requirements 

;  of  Canadian  customs  law,  and  that  this  interference  was  prompted  by  a  desire  to 

!  curtail  or  donv  the  privileges  of  resort  to  Canadian  harbors  for  the  purposes  allowed 

by  the  treaty  of  1818. 

it  is  needless  to  say  that  this  assumption  is  entirely  incorrect. 

(Canada  has  a  very  large  extent  of  sea-coast  with  numberless  ports,  into  which  for- 

tiji;n  vessels  are  constantly  entering  for  purposes  of  trade.     It  becomes  necessary  in 

I  thi'  interests  of  legitimate  commerce  that  stringent  regulations  should  be  inade  by 

compulsory  conformity  to  which  illicit  traffic  should  be  prevented.     Those  <  ustoms 

r(i!:iilatious  all  vessels  of  all  countries  are  obliged  to  obey,  and  these  thoy  do  obey, 

without  in  any  way  considering  it  a  hardship.     United  States  fishing  vessels  cou.e 

directly  from  a  foreign  and  not  distant  country,  and  it  is  not  in  tho  interests  of  legit- 

imato  Canadian  commerce  that  they  should  bo  allowed  access  to  our  ports  without 

the  same  strict  supervision  as  is  exercised  over  all  other  foreign  vessels,  otherwise 

I  there  would  be  no  guaranty  ngainst  illicit  traffic  of  large  dimensioun  to  the  injury  of 

[hiiBcsr  trade  and  ths  serious  diminntion  of  tho  Canadian   revenue.     United  States 

I  fiduii;'  vessels  are  eht>erfiilly  accorded  the  right  to  enter  Canadian  ports  for  the  pur- 

Ipo.w  of  obtaining  shelter,  repairs,  and  procariog  wood  and  water;  but  in  exercising 

this  right  they  are  not,  and  can  uot  be,  indepciuh-nt  of  tho  cnsioms  hi  w.s.    They  have 

I  the  right  to  enter  for  tho  purposes  sot  forth,  but  there  isouly  one  legal  way  ia  which 

I  to  enter,  and  that  is  by  conformity  to  the  customs  rc^^ulations. 


■'w8' 


THE   FISHERIES   QtTESTION. 


I;  i' 


When  Mr.  Diiyaril  HHHcrtH  that  Capliviu  ForbcHliadnsmucIi  liirlit  tubu  in  Sbclbiirne  | 
Harbor  HOckiiij^  sholtor  and  watc^r  "as  bo  wonbl  bav«  bad  oil  tli()  bij;Ii  snas  carrying 
ou  under  sbeltt-r  of  tbi^  Ibij?  of  tbo  United  States  Ic^itimato  (!ommorc<',"  bo  is  iindoiiht- 
oilly  right,  but  when  bodocbircH.  as  bo  does  iu  reality,  that  to  compel  Captain  Forbes, 
in  Shelburno  Harbor,  to  (Minforni  to  Canadian  customs  rcf^nlationa,  or  to  punish  him  ! 
for  their  violation,  is  a  mons  unwarrantable  stretch  of  power  tlian  "  that  of  sciznrj 
on  the  high  seas  of  a  ship  unjustly  suspected  of  being  a  slaver,"  ho  makes  a  stateiuont 
which  carries  with  it  its  own  refutation.  J 

Customs  rcrgulations  iire  made  by  each  country  for  the  protection  of  its  own  trade 
and  commerce,  and  are  enforced  entirely  within  its  own  territorial  jurisdiction,  while 
the  seizure  of  a  vessel  upon  the  high  seas,  except  under  extraordiiuiry  and  abnornal 
circumstances,  is  an  unjustifiable  interference  with  the  free  right  of  navigation  com- 
mon to  all  nations. 

As  to  Mr.  Bayard's  observation  that  by  treatment  such  as  that  experienced  by  the  | 
Everett  Steele,  "the  door  of  shelter  is  slnit  to  American  fishermen  as  a  class,"  the  minis- 
ter expresses  his  belief  that  Mr.  Bayard  can  not  have  considered  the  scope  of  such  au 
as-sertion  or  tbo  inferences  which  might  reasonably  be  drawn  from  it. 

If  a  United  States  ilshing  ves.sel  enters  a  Canadian  port  for  shelter,  repairs,  or  for  | 
wood  and  water,  her  captain  need  liavo  no  difliculty  in  reporting  her  as  having  (in- 
tered  for  one  of  t  hos.>  purposes,  and  the  Everett  Steele  would  have  sutfered  no  detention 
bad  her  captain,  on  the  '2r)th  March,  simply  reported  his  vessel  to  the  collector.  Ah  it 
was,  the  vessel  was  detained  for  no  longer  time  than  was  necessary  to  obtain  the  de- 
cision of  the  minister  of  customs,  and  tht»  penalty  for  which  it  was  liable  was  not 
enforced.  Surely  Mr.  Bayard  does  not  wish  to  be  understood  as  claiming  for  Unitid 
States  lisbing  vessels  total  immunity  IVom  all  customs  ivgulations,  or  as  intimatiiij; 
that  if  tbev  can  not  exercise  their  privileges  unlawfully  they  will  not  exercise  tiioiii 
at  all. 

Mr.  Bayard  comi»lain8  that  the   Pearl  Kelson,  altliougb  seeking  to  exercise  no  | 
commercial  privileges,  was  conipelled  to  pay  conmiercial  fees,  such  as  are  applicalile 
to  trading  vessels.     In  reply  the  minister  observes  that  tbo  fees  spoken  of  are  not 
■'commercial  ices;"  they  are  harbor-master'sdues,  which  all  vessels  making  use  of  le- 
gally constituted  harbors  are,  by  law,  compelled  to  pay,  and  entirely  irrespective  ot  I 
any  trading  that  uniy  be  done  by  tbo  vessel. 

'i'he  minister  observes  that  no  bingle  case  Las  yet  been  brought  to  his  notice  in 
\liicli  any  United  States  lishing  vessel  has  in  any  way  been  interfered  with  for  ex- 
ercising any  rights  guarantied  under  the  treaty  of  1818  to  enter  Canadian  ports  for 
shelter,  repairs,  wood,  or  water;  that  the  Canadian  Government  would  not  counte- 
nance or  permit  any  suc^li  interference,  and  that  in  all  cases  of  this  class  when  trouble 
has  arisen  it  has  been  duo  to  a  violation  of  Canadian  customs  law,  which  demands  | 
the  simple  legal  entry  of  the  vessel  as  soon  as  it  comes  into  port. 

Tbo  commitleo  concurring  in  the  above  report  recommend  that  your  excellency  be 
moved  to  transmit  a  copy  thereof  to  the  right  honorable  the  secretary  of  state  for  tlie 
colonies. 

AU  which  is  respectfully  uubiuittcd  for  your  excellency's  approval. 

John  J.  MctJEK, 
Clerk  Privji  Coutidl. 


THE   FISHERIES   QUESTION. 


89 


No.  335.  ; 

Mr.  Bayard  to  ISir  L.  S.  Sachville  West. 

Department  of  State, 

Washinflton,  April  11,  1877. 

8ib:  I  have  tlio  honor  to  acknowlcdfjo  the  receiptof  your  note  of  the 
I'ltli  instant,  accompanied  by  a  copy  cfuii  approved  report  of  a  eomruit- 
ti'c  of  a  privy  council  of  Cauada  in  rehitiou  to  the  cases  of  the  Ameri- 
can lishing  vessels  rearl  Nelson  and  Everett  iSteele,  which  were  brought 
[to  join-  attention  by  my  notes  of  October  19th  and  20th  last. 
1  have,  etc., 

T.  F.  Bayard. 


No.  338. 


Sir  L.  8.  Saclcville  West  to  Mr.  Bayard. 

Washington,  May  17, 1887.    (Received  May  18.) 

SiK:  With  reference  to  your  notes  of  the  first  December,  11th  Noveiu- 

Iber,  and  27th  .lanuary  last,  1  have  the  honor  to  inclose  herewith  copies 

of  dispatches  from  the  governor-general  of  Cauada  covering  reports  of 

a  committee  of  the  privy  council  respecting  the  cases  of  the  United 

States  lishing  vessels  Mollie  Adams,  Laura  Sayicard,  Jennie  Seavcrns, 

land  8(irah  II.  Prior,  which  I  have  received  from  the  Marquis  of  Salis- 

llmiy  for  communication  to  the  United  States  Government. 

I  have,  etc., 

L.  S.  Sackville  West. 


Ilnclosnre  1.] 


The  Marquis  of  Lanedoune  to  Sir  Henry  Bolland. 


GOVEBNMEiN'T  HoUSE, 

Ottaica,  April  12,  1887. 

"'^ik:  I  i^nvLfveti  ^o  he  referred  fortheconsideratioD  of  ruy  Government  a  copy  of  your 
lilinpatcb  of  tbe  %M\  February  last  traBsmitting  copy  of  a  letter  from  tbo  foreij^n  oiflce, 
nvith  itN  inclosure.s,  re8i»rctiug  tbe  case  of  the  Sarah  H.  I'riqrr  and  rcfiuesting  to  be  fiir- 

sfiod  with  a  report  upon  tbo  alleged  cbhdnct  of  the  captain  of  the  Canadian  revenue 


90 


THE   FISIIKKir.S   CiUKSTlON. 


cutter  Crltio  on  tlio  occasion  refeinMl  to,  iiiul  I  liavn  now  tin)  lidiior  to  rorwiiid  lir. 
witli  a  ct'itirH'd  ciipy  ot'aii  approved  lopijit,  of  u  ronitnitttMi  of  my  priv.v  loniuil  nu  i 
boiJviiij;  a  Ktatemcnt  of  Cuptiila  McLaren,  of  tho  Vnliu,  with  ruiticuuo  to  the  eucuiu. 
Htuncci4  complained  uf. 
1  have,  etc., 

•'  Lanskownk, 


1 1  ^^ 


[laolugDie  2.] 

Certified  copy  of  a  rrport  of  a  rommitfee  of  the  ^'onornhle  tlie  prh)}/  ennncilfor  Cannita,  aj^' 
proviiii  1)1/  Ilia  excellency  the  governor-ymiral  in  couiivil  oii  the  7th  April,  IrirtT. 

Tho  coinniitt«!0  of  tbo  privy  comu-il  ii.ivo  liarl  nmlcr  consideration  a  diHiiatcli  (hwi 
2IM  Fobrnary,  1H87,  from  tlio  r^jht  honorable  the  Nccn'tiirv  of  Htato  for  the  colmiiui 
asking  tliut  lui  itivoHtigation  may  l»o  niado  into  the  toiidnct  of  the  (uiptain  ot  ilisl 
Canadian  cruiHor  Critic  a8  re;j;ardH  the  treatment  cxtendi^d  to  Capt.  Thomas  ilcJ 
Lauyhlin,  of  the  U.  8.  fishinj;  Hchooner  .S'a»«/*  //.  Prior,  in  the  harbor  of  MalpciiacJ 
Prince  Edward  Inland,  in  .Se])tember  last. 

The  minister  of  marine  and  lisheries,  to  whom  the  diispatch  was  referred,  snliiiii!i 
tho  followinj;  Ktatemcnt  of  Captain  McLaren,  of  the  Critic,  with  reference  to  the  eir| 
cuiwstances  complained  of. 
.  On  or  abont  the  14th  Soptombor,  IHoo,  ','iiptain  McLani^hlin,  of  the  Sarah  TI.  J'rktA 
came  on  board  tho  noverinnent  crniser  Craw  i.t  Alalpeinu),  Prince  Edward  IsIiiikI.I 
wanting  to  know  if  he  wonld  bo  infringing  on  tho  'aw«  by  paying  the  captain  oftlitl 
schooner  John  InyallH  a  smal  1  snni  of  money  tor  the  i  'icovery  of  a  Heine  which  he  Haiil| 
be  had  lost  a  few  days  befon*,  and  wliich  bad  l)ecn  pi>'ked  \\\^  by  the  Haid  ('aijtaiii. 

I  told  him  that  I  would  not.  interfere  with  him  if  tin  captain  of  the  fiiyalU  cliosel 
to  rnn  tbo  risk  of  taking  tho  nnitter  in  hiH  own  bands,  bnt  that  tho  pro[)er  coiirsel 
wonld  be  for  tho  captain  of  the  John  Iiiyalla  to  report  th>  matter  to  tbo  collector  dil 
customs,  who  wa.s  also  receiver  of  wrecks,  and  then  if  he  (Cai)tain  McLaughlin)  coiildl 
prove  that  the  Heine  was  his,  he  conld  recover  it  by  paying  the  costs,  (-'aptiiial 
Meljanghlin  then  said  that  as  the  seine  was  all  torn  to  pieces,  ho  would  not  l)oiLtr| 
bimycdf  abont  it. 

Tho  captain  of  the  John  IngalU  did  not  come  to  see  mo  about  the  matter,  aii(ll| 
heard  nothing  of  it  afterwards, 

W.  McLauen. 


Tho  committee  respectfully  advise  that  your  excellency  bo  moved  to  forward  tkj 
foregoing  statement  of  Captain  McLaren  to  tho  right  honorable  the  secretary  ot  ht.ite| 
for  the  colonies  in  answer  tu  his  dispatch  of  the  23d  February  last. 

John  J.  McGr.i:, 
CUrk  Privy  Council. 


finclesare  .1] 

The  Marquis  of  Lansdoione  to  Sir  H.  Holland. 

Government  Hotrsi?. 

Ottawa,  April  2, 1887. 

Sir:  I  have  the  honor  to  inclose  herewith  a  certified  copy  of  a  privy  council  order! 
respecting  the  case  of  the  United  States  schooner  Mollie  Adamn,  which  formed  tliel 
subject  of  your  predecessor's  dispatches  of  the  tith  October  and  Kith  December.  I 

Ihavetoexpressmyregnftthat  It  should  have  proved  impossil)loto  sni)ply  yon  wiilil 
the  necessary  information  bearing  njion  this  case  at  an  earlier  date.     Some  time  \viu<,| 
however,  taken  in  collecting  the  evidence  embodied  in  the  reports,  copies  of  wliicli 
accompany  tho  minute,  and  the  occurrence  of  the  general  elections  for  tiie  federal  | 
parliament  to  some  extent  interrupted  the  coiu'se  of  business  in  the  public  depiirt- 
ments  and  increased  the  delay. 

You  will  find  in  the  report  of  my  minister  of  marine  and  (Isheries,  and  in  tlie  iu-l 
closures  appended  to  it,  a  full  and,  I  think,  satisfactory  rejjly  to  the  whole  of  tlicI 
charges  made  by  the  Government  of  tho  United  States  against  the  conduct  of  tliel 
Canadian  ofTicials  concerned  in  the  matter  of  the  Mollie  Ailama.  I 

I  would  venture  to  draw  your  esiiecial  attention  to  the  concluding  passages  of  tbcl 
minister's  report,  in  which  lie  earnestly  deprecates  the  manner  in  which  in  this,  m 
well  as  in  other  cases  in  which  disputes  have  arisen  under  conditiomt  of  a  similarl 
character,  the  Government  of  tho  United  States  has  not  hesitated  to  adopt  withoiiil 


THt    FISHEUTKS   QUESTION. 


1)1 


Lanhuowne. 


I  iiicitiiiy.  ••'"'  to  Hilii|)<ii(,  with  I  111'  wlioln  wci;{1lt  of  ifs  :uilli'>rit,V,  rr  pn>-tn  rh-.xrffi'it 
iri'lv  iilii^i>iili''">"'*'   ''y  foll.itoral   (!viil(iMC(i,  iukI   uiiiiccomiiiniinil   Uy  iliiy  <»ni('iiil  ut- 

vi<'«  "t  t'l"  <""''  *'"*''  owini;  lo  tlia  action  of  Mm  (»«)voriiiiiniif  of  the  United 

„  ill  I   niiiiiuliiiK  tlio  liHlicry  (^lauscsof  tlio  tni.'ily  of  WuHliiiiirton,  ii  liirnc  Itody  of 

riciiii  ii^lifniiuu  liavo  Hiuldf'nly  found  tluiii'.sidvo.s  tixclndtid  iVoni  watorn  to  which 

iiii'il  for  many  yoara  past  nvsorttHl  "vitliont  ninIu8tution,  and  tliat  tlic  duty  of  tliUH 

iKJiiili  tiifui  hiiH  Iteou  tlirown  up.    \  a  uowly  conHtituted  forco  of  tisliiTy  polico, 

ssiirilv  witliiint  oxperiiMiuo  of  llio      tlicult  and  doiicato  dutiett  wluch  it  Ih  ciilli-il 

111  til  pi'i'forin,  tlioro  would  lie.  no  canso  for  snvprisi)  if  ouciMional  castiH  of  liurdMhip 

f  ovcr/i'aloiis  action  n|)(>n  tlio  pan,  of  tlio  looal  anlhorities  unpaged  in  proteoting 

intt'it'stsol'tlii^  Dominion  wore  to  l)o  l)ron)ilit  to  li);hl.     It  i-'  tlio  Harnost  dosiro  ot 

ifovi'inin^Mir.  to  j^nard  iigaiiiHt  th«  occnrronue  of  any  such  casr-s,  to  deal  in  a  spirit 

viHTosity  and  forlieariinoo  with   ''i.itod  Stal       lisiiornion  roxorting  to  Canadian 

„M  ill  tluM'Xorciiso  of  thiiir  lawful  lif^lits,  and   i  •  tako  elFoctnal  nit'aHuros  for  pra- 

itiiijr  arltitrary  or  nncalli'd-for  intorlfi'onco  on  thu  part  of  its  oIllcialH  with  the 

iliM'i'M  allowed  to  foreign  lisliiMiiuin  und(!i'  the  ti'iiii'*  of  tlio  convontion  of  1>1I8. 

lit' Tlitliculty  of  acting  in  sin^li  a  Hpirit  iiiiiHt,  howi-vor,  bo  ^'■"U'tly  increastsd  hy 

course  wliiHi  liasbniMi  pursued  in  this  and  in  nninoiiumotlior  casoH  already  lirouf^ht 

our  iioticiMii  fonndiiif;  not  only  t!io  most  urgtMit  renunistranoos,  hut  tho  most 

.(!iit  iiiiil  oDiiiHivr  cliiirfji's  and  the  most  nii.jnst  imputation  of  motivos  upon  coin- 

iitH  siicli  as  that  put   iorwavil  l>y  i  ho  captain  of  tho  Mollie  AdaiiiR,  a,  person  ho 

cr.iti'  that  he  a|ip('ars  not  (o  h.ivo  i)(«en  ((ualified  to  make  out  the  ordinary  entry 

isoM  Ills  arrival  in  a  Canadian  port,  hut  whoso  .statoiuents,  in  my  of  whitih  bear 

111  till'  lace  of  llnin  evid(Mice  of  their  untrnstworthiness,  appear  to  have  lieen  ac- 

iteil  ill  'il'tho  witlioiit  (iiu'.stion  Ity  the  .Secretary  of  St<ito. 

'on  will,  I  cannot  help  thinkinir,  concur  in  the  opinion  expressed  in  tho  niinistor's 
It  tiiat  HiK^h  hasty  and  indiscMiminute  accusiitions  can  only  havo  tho  effect  of 
iiiliciii!^  and  eml)itterinj,c  P'il)lie  feeling  in  both  countries,  and  of  retarding  tho 
pect  of  a  reasonable  Heitltmient  of  tho  ditloreaoes  which  havo  unfortunately 
11  lictwetMi  them  upon  those  subjects. 
I  have,  etc., 

LA.NSDOWNB. 


[Inclosuro  4.) 

wtof  a  rommitlec  of  the  honorahlo  the  pt'ivji  council  for  Canada,  approved  by  hi*  ex- 
cellency the  gocernor-ijtmiral  in  council  on  the  'Mat  March,  1667. 


PiBcoinmittee  of  tho  privy  council  have  had  under  consideration  a  dispatch  dated 

[October,  L"i8b,  from  tho  right  honorable  the  secretary  of  state  for  the  colonies, 

dsmittiiijj;  a  copy  of  a  letter  from  the  foreign  otHco  inclosing  copy  of  a  dispatch 

I  Her  Majesty's  minister  at  Washington  with  a  note  from  the  Secretary  of  State  of 

|Unite(l  .Srates,  calling  attention  to  the  alleged  refusal  of  the  collector  of  customs  ;<,  ■; 

;  Mulgrave,  Nova  Scotia,  to  allow  tho  master  of  tho  United  States  (ishing  vestel 

^UcAddmH  to])nrcha8e  barrels  to  hold  a  supply  of  water  for  the  return  voyage,  and 

i.ifiirtlur  dispatch  dated  16th  December,  18dlj,  referring  to  tho  same  schooner, 

|.l/«//ic  Adamn,  and  her  alleged  treatineut  at  Malpequo,  Prince  Edward  Island,  and 

Mudway,  Nova  Scotia^  and  requesting  au  early  report  ou  tho  circumstauoes  of 
I  casr. 

Ilieiiiii  isterof  marine  and  fisheries  to  whom  the  said  dispuitches  and  iuclosures 
ic  niferred  submits  tho  following  report  thereon : 

|r.  Bajard's  note  of  the  lOMi  Supteuilrer  calls  attention  to  the  alleged  refusal  of  the 

fictorof  customt  at  Port  Mulgrave,  Nova  Scotia,  to  allow  the  master  of  the.  ilfoJ- 

iikim  to  pu  chase  barrels  to  hold  a  supply  of  water  for  which  tho  vessel  had  put 

iliort,    The  report  of  tho  subcoUector  of  custom'}  at  Port  Mulgrave,  which  is 

Etfi  annexed,  and  which  he  expresses  his  readiness  to  verify  upon  oath,  shows  that 

[J/»//ie /l(/am8  was  fitted  out  with  a  water-tank  which  was  reported  as  leaking, 

'  thu  collector  otfered  to  borrow  barrels  for  carrying  tho  water  on  board  if  the 

;  were  made  tight,  and  otc  i  offered  to  send  a  man  on  board  to  perform  this  work  ; 

;w]iilr  the  captain  of  tho  Mclioonor  and  ho  were  in  conversation  one  of  the  crow 

liinlitlhe  information  that  the  cook  had  sncv;ee<Ied  in  calking  the  tank. 

|li:.t  tlieioupon  the  subcollector  borrowed  tho  seven  barrels,  with  which  the  crew 

lu'ii  iter  for  tlieir  vessel ;  tha*^  tho  barrels  were  returned  to  the  collector,  and 
[cijitaiii  a))pearod  well  pleased  with  what  had  boon  done.  Tho  good  will  of  tho 
cnilec  is  also  shown  in  his  giving  tho  men  a  loiter  to  his  superior  officer,  in  ex- 
huliou  Ok  tho  cireumstances,  and  recommended  that  the  purchat'.e  of  barrels  ha 
Iwod,  a  fjtep  which  was  rendered  unnecessary  by  the  arrangements  later  made. 


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Hiotographic 

Sciences 
Corporation 


23  WEST  MAIN  STREET 

WEBSTER,  NY.  14580 

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92 


THE  PTSHERIEf5   QUESTION. 


1  >< 


I'f 


The  siibcolloctor  in  answer  to  his  inquiry  as  to  what,  had  become  of  the  water  larl 
rels  in  use  on  board  the  vessel  was  iuformecl  that  thoy  had  been  tilled  with  maclcereL| 
This  answer  goes  to  prove  that  Mr.  Murray  was  acting  strictly  within  the  scope o 
his  duty  in  ascertaining  that  the  barrels  sought  to  be  ijumhased  were  not^  to  bo  \m 
for  an  illicit  purpose. 

The  colonial  secretary's  dispatch  of  the  IGth  jD(!ccinbor,  1886,  refers  to  tlie  saBtl 
schooner,  the  Mollie  Adams,  and  her  alleged  treatment  a'u  Malpeque,  Prince  Edwanl| 
Island,  and  Port  Medway,  Nova  Scotia. 

In  this  case  Mr.  Bayard's  representations  are  based  solely  upon  a  letter  written  tJ 
him  by  the  captain  o<'  the  vessel  under  date  the  I'ith  Noven»ber,  which  isunsupiiortf^l 
by  any  other  evidence,  and  upon  the  streujjth  of  which  Mr.  Bayard  proce  ds  to  charpi 
the  Canadian  authorities  with  "churlish  and  iniiospitable  treatment,"  and  witlieif 
hi  biting  a  coldness  and  rudeness  of  conduct  at  variance  with  the  hospitable  fcjliogi 
of  common  humanity. 

The  minister  of  marine  and  fisheries  submits,  as  a  complete  reply  to  the  allesatioa 
contained  in  Captain  Jacob's  letter— (1)  Tlie  statement  of  the  collector  of  cnstomsai 
Malpeque,  Princo  Edward  Island,  (2)  the  statement  of  Captain  McLaren,  of  thBCau-l 
adiau  cruiser  Criiio,  and  (3)  the  report  of  the  collector  of  customs  aii  Port  MedwayJ 

The  two  former  ofiicers,  although  giving  their  reports  without  concert,  agree  iipoj 
the  main  points  at  issue,  and  the  statements  of  all  three  are  clear,  8traightforwari| 
and  reasonable,  and  in  marked  contrast  to  the  sensational  and  improbable  story  r 
lated  by  Captain  Jacobs. 

Captain  Jacob?  declares  that  on  or  about  the  Sfith  September  last,  during  vei]l 
heavy  we  ^ther,  he  fell  in  with  the  bark  Neskilita,  which  had  run  on  a  bar  at  MalppqiJ 
Harbor  and  become  a  total  wrecl:.  That  he  took  ott'  the  crew,  seventeen  in  numbej 
at  ]2  o'clock  at  night,  carried,  them  to  his  own  vessel,  fed  them  for  three  days,  ,\\ii 
then  gave  them  $1)0  wii.h  which  to  pay  their  fare  home,  and  provisions  to  last  thcil 
on  their  way.  He  states  that  the  captain  of  the  Canadian  cruiser  Critio  caimi  oil 
board,  was  told  I'le  circumstances,  but  ottered  no  assistance,  anil  that  ro  one  on  slionT 
would  take  the  wrecked  men  unless  ho  became  responsible  for  the  payment  of  tbeia 
board. 

The  collector  at  Malpeque  in  his  report  says  that  e.arly  on  the  morning  after  thJ 
wreck,  so  soon  as  the  news  reached  him  ho  repaired  to  the  harbor  to  see  what  assisiJ 
anco  could  be  given;  that  he  then  met  the  captain  of  tha  NeskiUta  in  comitany  witlT 
Captain  Jacobs,  and  was  told  by  the  latter  that  the  craw  of  the  wrecked  vessel  wtnf 
comfortably  cared  for  on  his  vessel,  and  that  nothing  more  could  bo  done. 

Captain  McLaren,  of  the  Criiio,  says  that  ho  at  once  visited  thi  MoUic  JJc  i«  aii 
was  told  by  Captain  Jacobs  that  "  he  had  made  all  arrangements  for  the  crew.' 

Tho  collector  and  Captain  McLaren  agree  in  stating  from  information  gatlitrid k 
them  that  the  crew  of  the  wreclced  vessel  came  to  shore  In  their  own  boat  aiiiissi^tnll 
and  after  boarding  a  Now  Scotia  vessel  were  invited  by  Captain  Jacobs,  with  wlionl 
the  captain  of  tho  Neakilita  had  beforetiiuie  sailed  ou*^.  of  GlouceSoSr,  to  go  on  Itoanl 
the  Mollie  Adams, 

Thi  collector  was  asked  by  the  captain  of  the  N'iakilita  if  he  would  assist  liinisei 
and  crew  to  their  homes,  and  answered  hat  he  could  not  unless  assured  that  tbejl 
themselves  were  without  means  for  that  purpose,  in  which  case  he  would  have  to  tel(l 
graph  to  Ottawa  for  instructions.  The  captain  of  the  Neakilita  made  no  furthurapj 
plication.  I 

The  minister  observes  that  it  is  the  practice  of  tho  Dominion  Government  to  assiil 
shipwrecked  and  destitute  sailors,  in  certain  cases  of  great  hardship,  to  their  destinJ 
tion  or  homes,  but  in  all  cases  it  mast  be  clear  that  they  are  destitute,  and  tho  npplil 
cation  for  assistance  must  bo  made  to  Ottawa  through  the  collector  of  customs.  Haj 
such  an  application  been  made  by  tho  captain  of  the  Neakilita  it  would  have  receive^ 
due  consideration. 

In  answer  to  the  charge  that  board  could  not  bo  obtained  for  the  wrecked  crew,i 
is  stated  by  Captain  McLaren  that  tho  crow  of  a  United  States  vessel  wrecked  iiboiij 
the  same  time  found  no  difficulty  in  getting  board  and  that  the  captain  of  tlio^il 
kilita  had  himself  arranged  to  board  with  the  collector,  who  expressed  surprise  atiil 
failing  to  come.  | 

Captain  Jacobs  complains  that  he  was  not  allowed  to  land  from  his  vessel  tho  mi^ 
terial  saved  from  the  wreck.  To  this  charge  tho  collector  replies  that  he  rcceivi'dt 
intimation  of  any  wrecked  material  except  the  crew's  luggage  being  on  board  thl 
Mollie  Adams,  and  Captain  Jacobs  made  no  request  to  him  regarding  the  lau<iiug| 
wrecked  material,  and  that  he  (the  collector)  gave  all  assistance  in  his  power  totlj 
captain  of  the  Keskilita  in  saving  material  from  the  wreck.  J 

It  was  subsequently  discovered  that  Captain  Jacobs  had  on  board  the  Mollie  Adan 
a  seine  from  the  wrecked  vessel  belonging  to  the  'luderwritcrs,  for  taking  ami 
which,  when  obliged  to  give  it  up,  Captaiii  Jacobs  claimed  and  was  paid  the  s.ii:.  of61| 

Captain  Jacobs  states  that  he  was  put  to  a  loss  often  days'  fishing  by  his  deliuitioT 
with  the  Netkilita.    The  reports  of  both  tho  collector  and  Captain  McLaren  agree i^ 


THE   FISUERIES   tiUESTION. 


93 


jju  ing  a  very  difforont  and  siiflicitut  roaaoii,  viz,  vory  bad  woatbor  aad  conaeqiient 
lualiiiity  tii  tlsh,  a  disability  expcrioDcod  by  tlie  wbole  lisbiug  ileut  at  tbat  time 
lincliored  in  Malpeqno. 

Tli3  second  complaint  of  Mr.  Bayard  is  that  wbon  Captain  Jacobs,  oxporionciaj^  a 

hearlii  of  provisions  as  a  conseqnonco  of  bis  charitable  action,  shortly  after  put  into 

port  Mwlwiiy  and  asked  to  pnrchase  half  a  bairel  of  flonr  and  enough  provisi-infi  to 

jiki)  him  home,  the  collector,  "with  full  kiiowlodjje  of  all  the  ci'.ci:;ustaucesi,"  re- 

Esi'd  the  request  and  threatened  him  with  seizure  if  he  bonght  anything  wh  '.cever. 

Tbo  collector's  report,  hereto  annexed,  shows  that  Captain  Jacobs  entered  his  port 

111  the  'iSth  October,  fnWy  one  month  after  the  occurrence  at  Malpeiiue;  that  in  eu- 

tiing  lie  made  allirmation  that  he  called  for  shelter  and  repairs,  and  for  no  "other 

liir|)o.so  whatever;  "  that  just  before  leaving  he  asked  permission  to  purchase  balf  a 

Jiirrol  of  Hour,  and  when  asked  by  the  collector  if  ho  was  without  provisions,  be  re- 

lijwl  that  he  was  tiot,  adding  that  he  bad  "  a  good  supply  of  all  kinds  of  provisions 

xccpt  Hour,  an<l  tmoiigh  of  that  to  last  him  homo  unless  bo  ra^t  some  unusual  delay." 

Uiiikr  these  circumstances  the  collector  did  not  give  the  permission  asked,  but  be 

iiaili!  no  threat  of  seizure  of  vessel  or  imposition  of  penalty. 

Mr.  Bayard  supports  the  complaint  of  Captain  Jacobs  that  ho  was  charged  fees  for 

otering  his  vessel  at  Canadian  customs,  and  that  these  fees  varied  at  different  ports, 

eing,  tor  instance,  15  cents  at  Souris,  Prince  Edward  Island,  50  cents  at  Port  Mul- 

|iav3,  and  50  cents  at  Port  Hood,  at  which  latter  port  Captain  Jacobs  sent  his  brother 

» enter  for  him,  but  was  informed  that  bis  entry  was  illegal  and  that  ho,  as  master, 

Lust  himself  enter  bis  vessel.     He  complains  of  oeing  obliged  to  pay  twice,  ouce  for 

Is  Itrother's  entry  and  once  for  his  own. 

Tlio  minister  states  with  regard  to  this  that  no  collector  of  customs  in  Canada  is  au- 

jiorized  to  charge  a  fee  for  entering  or  clearing  a  vessel,  nor  for  any  papers  necessary 

(do  this.     Sailing  masters,  however,  who  are  unused  to  the  law,  or  not  competent 

I  make  oat  their  pi»pers,  are  in  the  habit  of  employing  persons  as  customs  brokers  to 

'■(I  out  their  pn[!ers  for  them,  and  for  this  service  these  brokers  charge  a  small  fee. 

.aoarenot  Goveri:ment  offlcers  nor  under  Government  qontrol,  and  their  services 

tt  voluntarily  paid  for  by  those  who  employ  them.    The  small  fees  of  which  Cnptaia 

tenbs  complains  need  not  have  been  paid  by  him  if  he  bad  been  willing  or  qualified 

Miinkeout  his  own  pajjcrs.     That  he  was  not  so  willing  or  qaalified  and  that  ho 

lyod  a  broker  to  make  out  his  papers  is  conclusively  shown  by  the  following 

llicram  received  from  the  collector  at  Port  Hood,  the  charges  at  which  port  Mr. 

Biiretary  Bayard  so  vigorously  denounces. 

r'^opies  of  telegrams  ] 

"Deputy  minister  offiaheriea  to  collector,  Port  Hood,  Nova  Scotia. 

"  Ottawa,  March  16,  1887. 
'Did  you  during  last  season  exact  from  Captain  Solomon  Jacobs,  of  schooner 
toUie  Adams,  any  charge  for  reporting,  or  other  service  at  Port  Hood  f    If  so,  please 
late  amount  received  and  for  what." 

"  Collector,  Port  Hood,  to  deputy  minister  of  fisheries. 

"PoKT  Hood,  Nova  Scotia,  March  16,  1887. 
I" Solomon  .Jacobs,  of  schooner  Mollie  Adams,  sent  one  of  his  crew  to  report  13th 
Ipfciiiber  last ;  he  made  a  report.  I  told  him,  however,  that  the  report  should  be 
lide  l)y  the  master.  A  few  hours  afterwards  Jacobs  himself  came  and  reported. 
ley  {foc  Dau.  McLennan,  who  is  now  in  Halifax,  to  write  out  the  reports.  I  believe 
Icliaigcd  them  25  cents  each  for  brokerage.    No  other  charges  whatever  were  made." 


Id  the  MoUie  Adai 
for  taking  '"ivo' 

|)aid  the  sail!  otSlJ 

ig  by  his  det(!Utio 

McLaren  agree' 


Till)  minister  slates  that  he  has  no  doubt  that  the  other  payments  at  customs  ports 
liuiwl  to  by  Mr,  Bayard  were  made  for  services  rendered  Captain  Jacobs  by  persons 
kinif  out  his  entry  )»apers,  and  which  he  does  not  i>.ppear  to  have  been  qualified  to 
jhiinMclf. 

fViiii  n^feronce  to  Mr.  Bayard's  reiteration  of  Captain  Jacobs's  complaint  that  iu 
Pir.iit  harbors  ho  was  obliged  to  pay  a  different  scale  of  duos,  the  minister  of  nia- 
|>i  siiUuiits  that  in  Canada  there  are  distinct  classes  of  harbors.  Some  are  under 
toDiitrol  of  a  commission  appointed  wholly  or  in  part  by  the  Government,  under 
WHO  management  improvements  are  made  an  I  which  regulates,  subject  to  the  ap- 
fval  of  Government,  the  harbor  dues  which  are  to  be  paid  by  all  ve^jsols  entering 
h  ports  and  enjoying  the  advantages  therein  provided. 

vtli'Ts  are  natural  harbors  in  great  part  unimproved,  whoso  limits  are  generally 
Ined  by  order  in  council  and  for  which  a  harbor-master  is  appointed  by  Qovern- 
Vt,  to  wnom  all  vessels  entering  pay  certain  uomiual  harbor-master's  fees,  which 


94 


THE   FISHERIES   QJESTION. 


1 1 


■I 


are  regulated  by  ageneral  actof  pailirttnent,  and  wliioli  coastitute  a  fund  out  of  whif 
the  harbor-tuaator  is  paid  a  siiiall  salary  for  his  servicoH  in  inaiutainiiiK  order  withj 
the  harbor.  Th.o  port  of  St,.  John,  New  Brunswick,  is  eutiroly  uuilor  miinitip) 
ouDtrol  aud  has  its  own  stated  and  uniform  scale  of  char<;eH. 

Harbor  dues  are  paid  wliouevor  a  vessel  enters  a  yiort  which  is  under  a  conimissioi 
and  harbor-master's  fees  are  naid  only  twice  per  calendar  year  by  vesseLs  cnteriii 
ports  not  under  a  commission.     Sydney  belonga  to  the  lirst  class,  and  at  that 
Captain  Jacobs  pi^id  the  legal  harbor  duea.     Malpi-que  and  Port  Aliilgrave  beloii 
the  second  class,  and  in  those  Captain  J.acobs  pai<l  the  legal  harbor-mastei'.s  It 
which,  for  a  vessel  like  his,  of  from  100  to  200  tons,  is  $1.50.     Tliat  he  paid  only^l 
Malpeque  is  due  to  an  error  of  the  harbor  master,  who  should  hav<!  charged  himijilj 
aud  by  this  error  Captain  Jacobs  saved  50  c(Mits,  of  whicli  ho  should  not  conipian 
For  full  information  as  to  the  legal  status  of  Canadian  harb»)r8  Mr.  Bayard  is  re.spwi 
fully  referred  to  the  Canadian  Statutes,  'M  Vict.,  cap.  GU;  4'2  Vict.,  cap.  30;  and 
Vict.,  cap.  30. 

The  minister  of  marine  and  fisheries  believes  that  after  a  thorough  perusal  of  tbi 
Mr.  Bayard  will  not  cite  the  payments  made  by  Captain  Jacobs  as  evidences  oft! 
"  irresponsible  and  different  treatment  to  which  be  was  subjected  in  the  sevc^ral  po] 
he  visited,  the  only  conmiou  feature  of  which  seems  to  have  been  a  surly  hosiility,' 
The  minister  submits  that,  from  a  careful  consideratmn  of  all  the  circumstaucei 
he  can  not  resist  the  conviction  that,  in  this  whole  transaction,  Cai)tain  Jacobs  wi 
more  concerned  in  making  up  a  case  against  the  Canadian  authoritiast  than  in  uiwl 
trusively  performing  any  necessary  acts  of  hospitality,  aud  that  his  version  of  tl 
matter,  as  sent  to  Mr.  Bayard,  is  utterly  unreliable. 

The  NcskiiUa  was  wrecked  ofi'  a  Canadian  harbor ;  the  crew,  it  is  stated,  came;  aslioi 
in  their  own  boat  and  unassisted  ;  a  Canadian  collector  was  at  hand  otl'ering  his  HirrJ 
ices,  aud  witltin  easy  appeal  to  the  Government^  and  ihe  captain  of  a  Canadian  criii 
was  in  port ;  yet.  Captain  Jacobs  would  appear,  by  his  own  story,  to  have  taken  coi 
plete  cha»ge  of  the  captain,  to  have  ignored  all  proffers  of  assistance,  and  to  have  coi 
stituted  himself  the  sole  guardian  and  spokesman  of  the  wrecked  crew,  to  have  liei 
in  short  the  one  sole  man  actuated  by  kindly,  humane  feelings  among  a  horde  of  crm 
and  unsympathetic  Canadians. 

For  any  exercise  of  good-will  and  assistance  to  Canadian  seamen  in  distress 
either  foreign  or  n.itive  vessels,  the  Canadian  Government  can  not  but  feel  deepl 
grateful,  and  stands  ready,  as  has  been  its  invariable  cu.'itom,  to  recognize  suitablj 
and  rewa''d  such  services,  and  when  Captain  Jacobs  performs  any  neces.sary  act 
charitable  help  towards  Canadian  seamen  in  distress  without  the  obvious  aim  of  luani 
facturing  an  iuteruational  grievance  therefrom,  he  will  not  prove  an  exception 
Canada's  generous  treatment. 

The  minister  observes  that  in  a  dispatch  to  the  governor-general,  dated  the  2711 
December,  1886,  and  in  reference  to  tliis  same  case,  Mr.  Stanhope  writes:  "Vi 
reference  to  my  dispatch  of  the  16th  instant  relating  to  the  case  of  the  United  Stati 
fishing  vessel  Mollie  Adams,  ond  referring  to  the  genera'  complaints  made  on  thu  pai 
of  the  United  States  Government  of  the  treatment  of  Amcirican  fishing  vesseln  ii 
Canadian  ports,  I  tliiak  it  right  to  observe  that  whilst  Her  Majesty's  Govoriiiint 
do  not  assume  the  correctness  of  any  allegations  without  first  having  obtained  tli 
explanations  of  the  Dominion  Government,  they  rely  confideutTly  upon  your  iniiiislei 
taking  every  care  that  Her  Majesty's  Government  are  not  placed  in  a  position  of  U 
ing  obliged  to  defend  any  acts  of  questionable  justice  or  propriety." 

The  minister,  while  thanking  Her  Majcssty's  Government  for  the  assurance  conveji 
that  it  will  uo«  "assume  the  correctness  of  any  allegations  without  having  obtaine 
the  explanations  of  the  Dominion  Government,"  and  whilst  assuring  Her  Miij 'stv 
Government  that  every  |»ossihlo  care  has  been  and  will  be  taken  that  no  "  acta  of  (|iib 
tionable  justice  or  jiroprioty  "  are  committed  by  the  ofiicers  of  the  Dominion  Gnvcri 
ment,  can  not  refrain  from  calling  attention  to  the  loose,  unreliable,  and  nnsatisfac'.oi 
nature  of  much  of  the  information  supplied  to  the  United  States  Government,  and  m 
which  very  grave  charges  are  made,  and  very  strong  language  ofllcially  used  agaiui 
the  Canadian  authorities.  For  instance,  as  stated  in  a  previous  part  of  this  repor 
the  strong  reiiroseatations  made  by  Mr.  Bayard  in  the  case  of  the  MoUie  Ad<vMSi\ 
based  solely  ujion  a  letter  written  by  Captain  Jacobs,  not  even  accompanied  by  i 
official  attestation,  and  not  supported  by  a  tittle  of  corroborative  evidence. 

It  dues  not  appear  that  any  attempt  was  made  to  investigate  the  truth  of  th 
Btory,  unreasonable  and  improbable  as  it  must  have  apjiearcid,  as  the  letter  \vrilt( 
by  Captain  Jacobs  bears  date  the  I'ith  November,  while  Mr.  Bayard's  note  biw 
thereupon  is  dated  the  Ist  December.  It  would  seem  only  fitting  that  in  so  grave 
matter,  involving  alike  the  good  name  of  a  friendly  country  and  the  continued  su 
sistence  of  previous  amicable  relations,  great  care  should  have  been  taken  to  avo 


the  use  of  such  strong  and  even  hostile  language,  based  upon  the  unsupported  Ktat     pureliasi 


ments  of  an  interested  skinper,  and  one  who.se  reputation  for  straightforward  coi 
duot  does  not  appear  to  be  above  reproach,  if  credence  is  to  be  given  to  the  altacbi 


dcsi 
in 

mad 
llshi 
men 
•Slat 
T 
idiis 

IVJill 

ri^'lil 

:,'rie\ 

ami  1 
tliob: 
has  SI 
thii  i 
As  ; 
the  1)1 
sMl):iii 
|il'ilitr 
|iort  ( 
with  I 

•'llOt'll 

intiTn 

The 

six*^y- 

(ir  lll:i' 

lisbii'u 
eriiliHi 

Not  1 
him,  ai 
if,  er  li 
ity,  no; 
lords  pi 
Ilainl  a 
these  si 
\i'iirthy 
iiilliieiu 

The  II 
iihcive  V 
press  hi 
pi'i'liidii 

flU!  c 

ii',',  and 

nii'iiite, 

All  w 


Sm:  ] 
August, 
jassed  t 
lie  scat ! 
would  a 
Ihi'vdid 
tha 


till;  tanfc 
Captain 


THE   FISHERIES   QUESTION. 


95 


k  fund  out  of  wIikJ 
iniiig  order  withij 
,'  uuilor  munitipii 

nder  a  coniiiiissim 
by  vessels  L'iiteriii(| 
R,  mid  at  that  ihj 
Unlfjjravo  bcloiisti 
irbor-mastei'n  liei 
t  \w  paid  oulyijlii 
)cliar<;ed  liiiiiijl.jj 
;)uld  uot  coiuplaiij 
-.  Bayard  is  respici 
;t.,  cup.  30;  audi 

gh  perusal  of  thcJ 
as  evidouces  oftkj 
La  the  sovornl  jnm 
a  surly  hostility,'! 
the  circuiiistaiitesj 
Captain  Jacobs »» 
ritiaitthaii  in  unoS| 
b  bis  version  of  tin 

stated,  catiio  a.sboiJ 
ud  otl'eriii<;  h-s  m-ri] 
fa  Canadian  criiist 

to  have  taU(Mi  coij 
CO,  and  to  have  coaj 

crew,  to  havo  bcei 
aug  a  horde  of  ctnj 

itnon  in  distress  I 
not  but  feel  decpll 
•  recognize  snitaljl| 
,ny  necessary  acto 
l)viousaiHJ  of  luaiiul 
>V6  au  exccptiouti 

eral,  dated  the  '27t| 
pe  writes:  " Wi 
)f  the  United  StatJ 
ts  made  ou  tliu  jtaij 
11  fishing  vesseljir 
jesty's  GoveriiiiH'ii 
aving  obtained 
Inponyour  niiiiibteij 
in  a  position  of  1 

|y" 

lassii  ranee  conveyti 
>at  having  obtaiiifj 
Jring  Her  Miij'sty] 
|at  no  "  acta  of  (|nei 
Dominion  Gcvcril 
I,  and  nnsatisfac'.iitj 
Vernuient,  and  uw 
(icially  used  CKaiul 
>art  of  this  repi'Ti 
(e  MoUie  Adaim'ii 
iccoiupanied  by 
evidence, 
the  truth  of  th| 
Is  the  letter  \vritt«| 
bayard's  note  bin 
,  that  in  so  gravel 
[the  continueil  sul 
leen  taken  to  avoj 
jnnsnpportcd  Htaw 
lightforward  coij 
len  to  the  attach 


(lesciiptioD,  taken  frou  the  Boston  Advertiser,  of  a  transaction  said  to  have  occurred 
in  his  native  city,  and  in  which  Captain  Jacobs  appears  to  have  played  no  enviable 
[lart. 

Niunerous  other  instances  of  like  flimsy  and  unreliable  foundations  for  charges 
made  against  the  Cani'diau  authorities  in  regard  to  their  treatment  of  United  States 
lisliiuj?  s'OMsels  v.m  not  have  failed  to  attract  the  atlention  of  Her  Majesty's  Govern- 
misiit  in  the  dispatches  which  from  time  to  time  have  reached  it  from  the  United 
States. 

The  master  of  a  United  States  fishing  vessel,  imperfectly  understanding  the  provis- 
ions of  the  convention  of  L>H>i,  the  requirements  of  the  Canadian  customs  law,  or  the 
rt'),'iil;iti<)ns  of  Canadian  ports,  having,  perhaps,  an  exaggerated  idea  of  his  sni»posed 
rijjiil.s,  or,  it  may  be,  desirous  of  ovai'ing  all  restrict  ions,  is  brought  to  book  by  ofS- 
.  era  of  the  law.  He  fecln  aggrieved  and  angry,  and  straightway  conveys  bis  supposed 
;;iicvaiico  to  theanthorii  i«sat  Washington.  Thereupon,  without  any  seeming  allow- 
jiice  for  the  possibility  of  the  statement  being  inaccurate  or  the  narrator  unfiiendly, 
and  with  ajiparently  no  attemi)t  to  investigate  the  truth  of  the  statement,  it  is  made 
the  basis  of  strong  and  unfriendly  charges  against  the  Canadian  Government.  Canada 
liassiitl'jred  from  such  unfounded  representations,  and  iigaiust  the  course  adopted  by 
tli(^  United  States  in  this  respect  the  minister  enters  his  most  earnest  protest. 

As  an  additional  instance  of  the  manner  in  which  'evidence  is  gathered  and  used  to 
tlui  jiicjiidice  of  the  Canadian  ease  the  minister  calls  attention  to  a  communic^ition 
siibiiilied  to  the  Senate  of  the  United  Status  by  Mr.  Edmunds,  and  which  forms 
|iiiiitod  Document  No.  54  of  the  Forty-ninth  Congress,  second  session.  This  is  the  ro- 
poi't  of  Mr.  Spencer  F.  Baird,  United  States  Fish  Commissioner,  containing  a  list, 
with  paiticuliirs,  of  sixty-eight  New  England  fishing  vessels  which  ha<l,  as  ho  alleged, 
'i)een  su Injected  to  treat niont  which  neither  the  treaty  of  1818  nor  the  principles  of 

i  iiitiTnalional  law  would  seem  to  warrant." 

Tiie  minister  (  ^serves  that  it  will  appear  from  a  perusal  of  this  report  that  ihese 

I  sixty-light  cases  were  made  up  by  Mr.  Baird's  otQcer  from  answers  of  owners,  agents, 
(ir  iiiasKMVs  of  fishing  vessels  in  response  to  a  circular  letter  sent  to  all  New  England 
lisliii'g  vessels,  inviting  them  to  forward  statements  of  any  interference  with  their  op- 

leratiDUs  by  the  Canadian  Government. 

Nol  a  single  statement  was  investigated  by  the  Commissioner  or  any  one  acting  for 

I  him.  and  uot  a  single  statement  is  accompanied  by  the  atfldavit  of  the  person  making 
it,  (ir  by  corroborative  evidence  of  any  kind.  In  most  instances,  neither  date,  local- 
ity, nor  name  of  Canadian  ollicer  is  given,  and  a;i  analysis  of  many  fif  the  cases  af- 
t'lirds  prima  facie  evidence  that  they  embody  no  real  cause  for  complaint;  yet  Mr. 

I  liuinl  and  his  otlicer,  Mr.  Earle,  vouciied  for  the  correctness  and  entire  reliability  of 

I  tlicso  sixty-eight  statements.  They  were  gravely  submitted  to  the  Senate  as  trust- 
worthy evidence  of  Canadian  aggression,  ami  became,  no  doubt,  powerful  factors  in 

]i:ii]iiencing  Cougressiontil  legislation  hostile  to  Cauiidian  and  British  interests. 
The  minister,  while  inviting  attention  to  and  strongly  deprecating  such  action  as 

I  aliove  recited  on  the  part  of  the  United  States,  takes  occasion,  at  the  same  time,  to  es- 

I  jiiess  his  entire  contidonce  that  the  rights  of  Canada  will  not  thereby  be  in  any  degree 

jliivJi!(Uced  in  the  eyes  of  Her  Majesty's  Government. 

fiii^  committee  concur  in  the  foregoing  report  of  the  minister  of  marine  and  fisher- 

lie,  and  th(!y  recommend  that  your  pjxcellency  be  moved  to  transmit  a  copy  of  this 

luii'iiile,  if  ajiproved,  to  the  right  honorable  the  secretary  of  state  for  the  colonies. 
All  which  is  respectfully  submitted  for  your  excellency's  approval. 

John  J.  McGke, 
Clerk  Privy  Council  Canada. 


(Inelosure  5.] 
Jlfr.  Murray,  jr.,  to  Mr.  Tilton. 

POKT  MULGHAVK,  NoVA  SCOTIA, 

Novemher  1,  I886i. 

Sir  :  Referring  to  yonr  letter  of  28tli  October,  I  beg  to  say  that  on  Monday,  the  30th 
|\nj;iist.  the  schooner  MoUic  Adams,  of  Gloucester,  Mass.,  Solomon  Jacobs,  master, 
llassed  two  customs  porta  in  the  Straits  of  Canso  Ixifore  coming  to  my  port.  In  fact, 
liieseiit  his  boat  (ilory)  with  his  bro^hei  and  a  Captain  Campl)ell  to  me  to  see  if  I 
Iwniild  allow  him  to  get.  seven  empty  barrels  to  put  water  in.  I  asked  the  men  vrhat 
Ithoy  (lid  with  their  water  barrels.  They  told  me  they  had  filled  them  with  mackerel, 
|iin(i  that  their  tank  leaked.  I  told  the  men  that  I  had  no  power  to  allow  them  to 
jiraieliase  barrels,  but  I  would  borrow  barrels  to  fill  with  water  if  they  would  raidk 
Itlwtaiik.  I  also  gave  them  a  letter  to  take  np  to  my  superior,  asking  him  to  allow 
lUptain  Jacobs  to  purchase  the  barrels.    They  wont  on  board,  told  their  story,  and 


90 


THE   FISHERIES    QUESTION. 


the  captain  ancliored  his  vessel  ami  camo  ashore  to  son  ine.  1  offered  to  ai ml  a  man 
on  board  to  caulk  the  tank.  In  tho  luean  time  one  of  tlie  crew  caine  on  shore  am' 
said  ihat  the  cook  had  succeeded  in  tightening  tho  tank;  that  it  licld  salt  water,  l 
then  borrowed  tlie  Hcven  barrels  to  fill  the  water,  which  they  did,  ind  I  ri'turneU  tbn 
barrels  a^ain,  and  tho  captitin  was  well  pleased,  as  he  appeared  so. 
If  this  IS  not  (.atiat'uctory  I  can  make  oath  to  the  foregoing. 
I  am,  etc., 

Davio  MruKAY,  Jr., 
:'•■■'  ';      ■'  Hubvollivlor  CuHlomi, 


Ulil'ij 


m  I 


>■     VA     ...  .  ,    '  [IncIoBure  6.) 

';'     '  '   '  ,"  ■      ^  Mr.  McKutl  to  Mr.  TiUon. 

Malpeque,  PiUNCE  Edwakd  l8r,AND,  ,/an«flr(/ 7,  1887. 

Sir:  I  hiive  the  honor  to  acknowle<lge  tho  receipt  of  your  letter  of  the  29t'  De- 
cember, covering  statements  made  by  Captain  Jacobs,  and  now  adjoin  statement 
of  facts  as  personally  known  by  and  coromunicatod  to  nu(  of  wreck  of  the  NcHliliia 
on  Malpeque  Bar,  on  Sunday  night,  the  2()th  September  last.  Information  rcaclieil 
me  early  on  the  following  mornhig,  and  I  at  once  proceeded  to  the  harbor  to  see  wlmt 
assistance  could  be  given  in  the  case,  when  I  met  Captain  TlioiBiborno,  of  thciVr.sAi/iffl, 
and  Captain  Jacobs  in  company,  and  was  informed  by  the  latter  that  the  crew  were 
on  bdird  his  vessel,  and  assured  that  everything  that  could  be  done  tor  their  comfort 
Lad  been  done.  I  was  also  given  to  nnderstan<l  that  during  tho  night  the  crew  had 
abandoned  their  schooner  and  come  in  tho  liarlmr  unassisted  in  tlnir  seine-boat,  and 
boarded  a  Nova  Scotia  schooner  lying  in  th.;  harbor,  aiid  were  the  iictt  morning  invited 
by  Captain  Jacobs  to  make  his  vessel  their  home.  I  was  also  inform(>d  l)y  Captain 
McLaren,  commander  of  the  Canadian  cruiser  Critic,  thai  he  also  tendered  liir,  assist- 
ance, and  was  rather  haughtily  received  by  Captain  Jacobs  with  the  information 
that  the  crew  were  aboard  his  vessel  and  that  he  (Captain  McLaren)  v.id  not  thiuk 
the  case  demanded  him  to  force  his  assistance. 

With  regard  to  tho  wreciked  material  aboaril  of  Captain  Jaoobs's  ves-sel,  I  have  only 
to  say  that  this  is  iho  first  intimation  I  have  ever  had  of  such  material  being  aboard 
his  vessel,  except  the  crew's  luggage,  and  that  assuredly  Captain  .lacobs  did  not,  so 
far  as  I  can  recollect,  make  any  request  of  mo  whatever  with  regard  to  the  landing  of 
wrecked  material.  , 

With  reference  to  the  saving  of  material  from  the  wrecked  vessel,  I  would  wish  to 
say  that  I  rendered  tho  captain  of  the  Neaktlita  all  necessary  assistarco  in  procurinj; 
suitable  men  to  do  that  work  (and  who  were  thus  employed  by  him),  and  althongli  1 
avx  aware  that  Captain  Jacobs  did  accompany  the  captain  of  the  Ncukilita  to  tho 
wreck,  I  can  not  say  in  what  capacity  or  under  what  authority  he  did  so. 

So  far  as  the  assertion  that  the  crew  received  tho  means  to  I  ako  them  home  from 
Captain  Jacobs  is  concerned,  I  know  nothing  positive,  except  that  he  ^Captain 
Jacobs)  asked  me  if  the  Canadian  Government  would  remnneiate  him  for  his  atten- 
tion to  the  crew,  and  feeling  that  I  had  nothing  to  do  with  him,  I  mer<'ly  replied  that 
I  did  not  know.  But  I  may  say  that  shortly  after  the  wreck  occurred  the  captain  of 
the  Ncslcitita  asked  me  if  I  could  render  them  (the  crew)  any  assi.s-tanco  in  getting 
home,  and  I  answered  that  I  could  not  unless  J  was  assured  tliat  tlicy  thctnse'ves 
wore  without  tho  means  of  doing  so,  and  that  in  any  case  I  would  have  to  telegraph 
to  the  departuKMit  at  Ottawa  for  instructions.  Here  the  nmttor  stoppeil,  the  captain 
making  no  further  application. 

With  regard  to  tho  delay  of  ten  days,  said  to  be  occasioned  (Captain  Jacobs)  by 
reason  of  the  shipwrecked  crew,  I  may  say  that  during  tlie  ten  m-  fourteen  da.Mi  fol- 
lowing on  the  said  shipwreck  we  had  an  almost  continuous  ])eriod  of  stormy  weathor, 
with  the  exception  of  a  couple  or  so  of  fine  days,  which  were  taken  advantage  of  by 
the  fishing  fleet,  and  one  at  least  by  Captain  Jacobs  Iiiuiself.  but  by  all  reports  re 
ceived  by  me  resulting  in  little  or  no  catches  of  mackerel. 

These,  so  far  as  1  can  now  recall  them  to  memory,  are  the  true  facts  in  the  case. 
I  am,  eto., 

James  McNutt. 
*  iSiibcollector. 


[luclosure  7.] 

Mr.  McLaren  to  Mr.  TiUon. 

Gkouoetown,  Puixce  Edward  Island,  January  6,  1887. 
Dear  Sin :  Yours  of  the  29th  ultimo  to  han<l.     In  reforouce  to  tho  first  part  of  tlio 
Btatement  made  by  Ctiptain  Jacobs,  I  would  say  tbnt  he  may  Imve  been  off  Malpeque 
at  the  time  tho  wreck  occurred,  but  I  do  not  thiuk  he  took  the  crew  off;  as,  so  far  as 


THE   FISHERIES   <^UF«TION. 


97 


lu  HI  11(1  ii  man 
i<!  on  shore  ani' 

I    Hlllt  watiM'.     1 

1  I  retunioil  the 


{KAY,  Jr., 
'color  CuHiomt. 


muary  7,  1887. 
of  ihoiJDt'  De- 
(IJoiii  stJitciuent 
of  (ho  NculUita 
Illation  readied 
rhor  to  see  wlijit 
of  the  JVrvAi/i/fl, 
,t  the  erew  were 
or  tlieir  comfort 
ht  the  crew  had 
■  seiiuvboat,  and 
inoniini;  invited 
nied  by  Captain 
(lered  liir,  assJHt- 
th>)  in  format  ion 
i)  uid  uot  thiuk 

ssol,  I  liavn  only 
ial  he!  11  J?  aboard 
icobs  ditl  not,  so 
;o  tho  lauding  of 

I  would  wish  to 
CO  in  proeiirinj; 
and  althmiffli  I 
XcKkiUta  to  the 
(I  so. 

licm  homo  fioin 
at  ho  (Captain 
III  for  his  atten- 

ly  replied  that 
1  tlie  captain  of 
unco  in  getting 

!iey  tlieiiiaelves 
,vc  to  telegraiih 
led,  the  captain 

|ain  Jacobs)  liy 

irteeu  daj'S  fbl- 

Itorniy  weather, 

Idvantaj^e  of  liy 

lall   reports  re 

I  in  tlu;  case. 

IMCNUTT, 

iSubcoUector, 


iiary  6,  1887. 
Irnt  part  of  the 
|n  off  Malpeqne 
T;  as,  BO  far  as 


I  could  loam  at  tho  titne,  they  came  ashoro  in  one  of  their  own  soino-hoatB  and  went 
lirst  to  a  Nova  Scotia  vessel  and  afterwards  or.  board  the  Mollie  Adams. 

On  tlio  morning  after  the  wreck  occurred  I  went  on  board  the  Mollie  Adams,  and  was 
imniediately  told  by  Captain  Jacobs  that  he  had  made  all  arrangements  for  tho 
(row,  and  liaving  secured  a  team,  wat.  going  with  tlio  captain  of  the  A^eakWta  to  the 
cUHtoiii-houso  to  note  a  protest.  As  I  could  see  by  tho  conduct  of  both  captains  that 
I  was  not  wanted,  I  returned  to  my  own  vessel.  Afterwards,  in  the  course  of  a  con- 
vi'iKatiou  with  the  captain  of  tho  Neskilila,  ho  informed  mo  that  he  had  sailed  out  of 
Gloucester  for  somo  time,  and  in  the  course  of  that  time  with  Captain  Jacobs. 

As  to  the  statement  that  he  could  not  get  a  boarding-house  for  his  crew,  I  think  it 
is  false,  as  the  crow  of  ono  of  tho  American  vessels  wrecked  about  the  same  time  had 
i!i)  (lilliculty  in  getting  the  people  to  board  thom.  Once  while  talking  with  Mr.  Mc- 
,>,itt,  the  collector  of  customs  at  Malpeqne,  ho  mentioned  that  the  captain  of  tho 
.VwiW/ito  had  engaged  to  board  at  his  place,  and  he  expressed  his  surprise  that  ho 
was  not  coming.  Both  Captain  Jacobs  and  the  captain  of  tho  ^'cnkiUta  were  commit- 
tlnj;  a  frautl  in  trying  to  get  off  with  the  seine  of  tho  wrecked  vessel,  as  it  belonged 
to  the  underwriters ;  t*nd  I  think  that  it  was  the  prospect  of  getting  Captain  Jacobs 
to  got  away  with  the  seine  that  prevented  the  captain  of  the  Neakilita  from  asking 
mo  for  assistance.  However,  Captain  Jacobs,  on  finding  ho  could  not  carry  out  his 
fraud,  presented  a  claim  of  $10  fcr  the  salvage  of  the  saiue  and  goar,  which  sum  was 
paitt  him  by  Mr.  Lemuel  Poole,  Charlottetown,  who  was  acting  on  behalf  of  tho 
underwriters.  It  may  be  possible  that  Captain  Jacobs  staid  at  Malpeqne  after  I 
saPciil  but,  if  so,  it  was  his  own  fault,  as  tho  crow  of  the  Neslcilita  had  gone  home 
before  then. 

Itismy<  )iniou  ttiat  Captain  Jacobs  need  not  have  lost  one  hour  of  time,  for  during 
tho  time  tho  Neskilitc^a  crow  were  on  board  his  vessel  tho  fleet,  with  the  exception  of 
ono  or  two  small  vessels,  was  anchored  in  Malpeqne,  and  unable  to  put  to  sea  owing 
to  the  heavy  sea  on  the  bar. 

After  the  occurrence  of  the  wreck,  about  the  20th  September,  Captain  Jacobs  cruised 
in  tho  North  Bay  and  on  the  Capo  Breton  coast,  and  not  until  the  24th  October  was 
be  reported  as  )ia8siug  through  Canso  bound  home. 

As  to  the  paying  of  the  crew's  passage  home,  I  can  say  nothing,  except  that  if  ho 
[  did  ho  did  it  voluntarily,  as  the  captain  of  the  Neskilita  could  have  sent  his  crew  homo 
I  without  his  assistance. 
Yours,  etc., 

Wm.  McLaren. 

■';  [loclosore  8.]  '•'- 

Mr.  Letsom  to  the  deputy  minister  of  fisheries,  Ottawa. 

CusTOM-HousK,  Port  Medxoay,  January  6,  1887. 

Sir  :  In  reply  to  your  letter  of  tho  30th  ultimo,  inclosing  extract  of  statement  made 
[by  Captain  S.  Jacobs,  of  the  schooner  Mollie  Adams,  I  have  to  say  that  on  the  25th 
I  October  last.  Captain  Solomon  Jacobs,  of  schooner  Mollie  Adams,  reported  at  this  office. 
I  His  report  is  now  before  mo,  in  which  ho  swears  that  he  called  here  for  shelter  and 
I  repairs  and  for  no  other  purpose.  After  making  his  report  and  when  about  leaving 
Itlie  office.  Captain  Jacobs  asked  if  I  would  allow  him  to  purchase  a  h.alf  barrel  of 
jllour.  I  asked  him  if  ho  was  without  provisions,  and  he  replied  that  he  was  not, 
[adding  that  he  had  a  good  supply  of  all  kinds  of  provisions  except  flour,  and  enough 
lof  that  to  last  him  home  unless  ho  met  with  somo  unusual  delay.  I  then  told  him 
Ithat  under  the  circumstances  I  could  not  give  him  permission  to  purchase  the  flour; 
[but  no  threat  was  m.auo  about  seizing  his  vessel  or  imposing  any  penalty  whatever. 

The  above  I  am  quite  willing  to  substantiate  under  oath,  and  can  produce  a  witness 
|to  tho  truth  of  the  statement. 
I  am,  etc., 

E.  E.  Letsom, 

Collector. 


[Inclosnre  9.] 

Iltract  from  tho  Boston,  TJnitod  States,  Advertiser  of  November  19,  1880.— Gloucester  politics.— An 
appearance  of  ballot-stotUng. — George  Morso  nominated  for  mayor. 

Gloucester,  November  13. 
At  f.  citizens'  mass  meeting  held  here  this  evening.  Lawyer  Tuft,  chairman,  to  nom^ 
Inato  a  mayor,  a  committee,  consisting  of  J.  J.  Whalen,  Albert  P.  Babson,  Capt.  Solo- 
Boa  Jacobs,  J.  N.  Dennison,  and  Edwin  L.  Lane,  was  appointed  to  count  bullota. 

8.  Ex.  113 7 


m 


THE   FISHERIES   QUESTION. 


i 


Ui 


l^i 


After  much  wraiiKl>>>Ki  <>ii"  informal  aud  then  formal  ballots  wore  taken,  wlieu  Mr. 
Dennisou  niailo  a  minority  report,  acciiHing  Capt.  Solomon  JucobN  of  HtnfTIn^  the  lial- 
lot-box.  William  T.  Morcliant  counted  the  ballots  while  beinj?  cast,  makin}^'2()l,  but 
the  committee  reported  U12  cast,  which  tended  to  show  that  Jacobs  had  put  iu4ij 
illcjraDy. 

Much  excitement  ]trovailed,  and  a  motion  was  made  that  ho  be  dismissed  from  tlie 
committee.  The  cliairnian  called  tor  Jacobs  to  come  forward  and  explain  his  action, 
but  it  was  found  that  ho  had  disappeared,  llo  was  in  favor  of  David  J.  llobinson  lu 
candidate  for  major,  but  wont  over  to  William  A.  Pew,  jr. 

Another  ballot  was  taken  and  Dr.  George  Morse  received  the  nomination. 

flnclosuro  10. 

Forty  ninth  Congress,  second  sossion.    Seniitn  Mis.  Doc.  Ko.  64.  —In  (ho  Senate  of  the  United  States, 

February  8,  1887.— Utdorcd  to  bo  printed.] 

Mr.  Edmunds  submitted  the  following  communication  from  Spencer  F.  Buinl, 
United  iStatoH  Commissioner  of  Fish  aud  Fisheries  : 

United  States  CoiMMission  ok  Fish  and  Fisiikries, 

WasMnijtov,  B.C.,  February  ^,1887. 

Sin :  I  forward  herewith  for  yonr  information  a  copy  of  a  commnnication  from  Mr. 
K.  Edward  Earle,  in  charj^o  of  the  Division  of  Fisheries  of  this  Conunission,  acconii)a- 
nied  by  a  listof  New  Eugland  fishing  vessels  which  have  been  inconvenicured  in  their 
lishing  operations  by  the  Canadian  anthoriti'^s  (hiring  the  past  season  ;  these  being  ia 
addition  to  the  vessels  mentioned  in  the  revised  list  of  vessels  involved  in  the  contro- 
versy with  the  Canadian  authorities  furnished  to  your  committee  on  the  26th  of  Jan- 
uary by  the  Secroiary  of  State. 

The  papers  containing  the  statements  were  received  from  the  owners,  masters,  or 
agents  of  (he  vessels  concerned,  and  (hough  not  accompanied  by  aflidavits  are  be- 
lieved to  be  correct. 
Very,  etc., 

Spencek  F.  Baird, 

Comniiaaioner, 
IIou.  George  F.  Edmunds, 

Chairman  Committte  on  Foreign  Itelationa,  United  States  Senate, 


[IncloBuro  1  to  inclosure  10.] 

Mr.  Earlo  to  Mr.  Baird. 

United  States  Commission  of  Fish  and  Fisheries, 
'.  llasliinyton,  D.  C,  February T),  1887. 

Sir:  Some  time  since,  at  your  request,  I  mailed  circulars  to  owners  or  agents  of  all 
New  England  vessels  employed  in  the  footl-lish  fisheries.  Thesecalled  for  full  statistics 
of  the  vessels'  operations  during  the  year  lb-j(3,  and  in  addition  for  statements  of  any 
inconvenience  to  which  the  vessels  had  been  subjected  by  the  recout  action  of  tlie 
Canadian  Government  in  denying  to  American  lisbing  vessels  the  right  to  buy  bait, 
ice,  or  other  supplies  in  its  ports,  or  in  placing  unusual  restrictions  on  the  use  of  its 
harbors  for  shelter. 

A  very  largo  percentage  of  the  replies  to  these  circulars  have  already  been  received, 
and  onr  examination  shows  that  in  addition  to  the  vessels  mentioned  in  the  revised 
list  transmitted  by  the  Secretary  of  State  to  the  Committee  on  Foreign  Relations  of 
the  United  States  Senate  on  the  2()th  January,  1887,  sixty-eight  other  New  Englaud 
fishing  vessels  have  been  subjected  to  treatment  which  neither  the  treaty  of  1818  nor 
the  principles  of  international  law  would  seem  to  warrant. 

I  inclose  for  yonr  consideration  list  of  these  vessels,  together  with  a  brief  abstract 
of  the  statements  of  the  owners  or  masters  regarding  tbe  treatment  received.    The 
statements  were  not  accompani'id  by  affidavits,  bnt  are  believed  to  be  entirely  relia- 
ble.   The  name  and  address  of  the  informant  are  given  in  each  instance. 
Very,  etc., 

!>;  ^      .       -■        f!  R.  Edward  Earle, 

In  charge  Division  of  Fishei'iei. 


[IncloRuro  2  to  incloanro  10.] 

Partial  list  of  vessels  involved  in  flic  fiHhrfics  controversy  with  the  Canadian  authoritiei 
from  information  furnished  to  the  United  States  Commissioner  of  Fish  and  Fisheries. 

(Supplementing  a  list  transmitted  to  the  Coniiiiittee  on  Foreign  Relations,  United 
States  Senate,  by  the  Secretary  of  Siate,  lililh  January,  1887.) 

Eliza  A.  Thomea  (schooner),  Portland,  I\Ie.  ;  E.  H.  Hibbs,  master.    Wrecked  on  Nova 
Scotia  shore,  uuablo  to  obtain  assistance.    Crew  not  permitted  to  land  M  to  saive  any- 


THE   FISIIEKIES   tiUKSTlON. 


ao 


rs,  musters,  or 
idavits  are  be- 


tbiii"  until  pormission  wan  rocoivoil  fmiii  captain  of  onttor.  Canadian  ofQcialn  placnd 
ii.iiinl  ovur  lisli  navtMl,  and  ovorvtliin^j;  saveil  from  wrock  narrowly  escaped  uonlisca- 
tioii.    (From  Htateincnts  of  (J.  J).  Tlionies,  owner,  I'oitland,  Mo.) 

Chrixtiiia  Ellmeorth  (Moiioonor),  Ea-stport,  Mo.;  Janie.s  Ellsworth,  master,  Entorod 
Port  lliistinnH,  Capo  Breton,  lor  wood;  anchored  10  o'el<>ck  and  ru()orted  at  eimtoni- 
house.  At  'i  o'clock  was  lioanleil  by  captain  of  (Mitter  llvcior  and  order(!d  to  sea,  l>o-' 
iiij;  forced  to  li^ave  without  woo'l.  In  every  harlior  i'nter<!<l  was  refiiscMl  piivilcj^o  of 
bii.viii|4anythin>;.  Anchon'd  under  tho  leo  of  land  in  no  harhor,  but  was  compelled 
to  enter  at  custoni-honse.  In  no  two  harbors  wore  tlie  fees  alike.  (From  statements 
of  Jiiines  Ellswortli,  owner  and  master,  Eiistjiort,  Me.) 

ilanj  I''.  '17(01;/' (sehooniu-),  Wellll(!et,  Alass. ;  Kimon  U(!i'rio,  master.  In  July,  ISrtfi; 
jo.stseine  oil"  North  Cai)e,  Prince  Edward  Island,  and  not  allowed  to  make  any  repairs 
on  Hliore,cansin}^  a  broken  voya;;e  and  a  lonj;  <lelay.  liau  short  of  provisions,  and 
beiii^C  denied  privilej^o  cf  buying;  any  on  hnnl  had  to  obtain  from  another  American 
vessel.     (I'^rom  statements  of  Freeman  A.  Snow,  owner,  Welllh^ot,  Mass.) 

Slowell  Sherman  (schooix^r),  I'rovineetown,  Mass. ;  8.  F.  Hatch,  master.  Not  allowed 
to  piircbaso  iiec(\ssary  Hiip|)lios  and  ol>lijj;ed  to  r(![tort  at  cnstom-honsea  situated  at 
(liHtiint  and  inconvenient  places.  Ordenul  out  of  harbors  in  stress  of  weather,  namely, 
out  (if  C'ascumpic  Harbor,  Frince  Edward  Island,  nineteen  hours  after  entry,  ami  out 
of  Malpeiiue  Harbor,  Prince  Edward  Island,  liftecMi  hours  after  entry,  wind  then 
lilowiu'i  too  hard  to  admit,  of  tishiufji  Ketnrnod  homo  with  broken  trip.  (From 
statements  of  Sanniel  T.  Hatch,  owmir  and  master,  Proviue(^towil,  Mass.) 

Walter  L.  Rich  (schooner),  Welllleet,  Ma.ss. ;  Obadiah  Kieli,  master.  Ordered  out  of 
Malpeque,  Prince  Edward  Island,  in  unsuitable  weather  for  iishiufj,  having  been  in 
liiirbor  only  twelve  hours;  denied  right  to  purchase  provisions;  forced  to  cuter  at 
customdiousc  at  Port  Ilawkesbury,  Capo  Breton,  on  Sunday,  collector  fearing  that 
vtssel  would  leave  before  Monday  and  \w  would  thereby  lo.so  his  fee.  (From  statc- 
inonts  of  Obadiah  Kich,  owner  and  master,  Welllleet,  Mass.) 

Bertha  1).  Nickerson  (schooner),  Booth  Bay,  Me. ;  N.  E.  Nickor.sou,  master.  Occa- 
sioued  considerable  expense  by  being  denied  Canadian  harbors  to  procure  crow,  and 
detained  in  spring  while  waiting  for  mtni  to  como  from  Nova  Scotia.  (From  stato- 
uiciits  of  Nickorson  and  sons,  owners.  Booth  Bay,  Me.) 

Xewell  B.  llawca  (schooner),  Welllleet,  Mass. ;  Thomas  C.  Kennedy,  master.    Refused 
privilege  of  buying  provisions  in  ports  in  Bay  St.  Lawrence,  and  iu  consequeuco 
oliliijed  to  leave  for  homo  with  half  a  cargo.     Made  harbor  at  Shelburne,  Nova  Scotia, 
ill  face  of  storm  at  5  p.  m.,  and  master  immediately  started  for  custom-house,  5  miles 
(listiuit,  meeting  captain  of  cutter  Terror  on  way,  to  whom  he  explained  errand.    On 
returning  found  two  armed  men  from  cutter  on  his  vessel.     At  7  o'clock  nest  morn- 
ing was  ordered  to  sea,  but  refused  to  go  in  the  heavy  fog.    At  9  o'clock  the  fog  Iffted 
slijfbtly,  .and,  though  the  barometer  was  very  low  and  a  storm  imminent,  ves.sel  was 
I'orced  to  leave.     Soon  met  the  heavy  gale,  which  split  sails,  causing  considerable 
ilauiago.    Cai)tain  of  Terror  denied  claim  to  right  of  remaining  in  harbor  twenty-four 
hours.    (From  statements  of  T.  C.  Kennedy,  part  owner  and  master,  Wel'fleet,  Mass.) 
Helen  F.  Tredicic {mhooucr),  Cape  Porpoise,  Maine;  R.  J.  Nunan,  master.    July  20, 
Isrft),  entered  Port  Latour,  Nova  Scotia,  for  shelter  and  water.    Was  ordered  imme- 
[  diatcly  to  sea.     (From  statements  of  IJ.  J.  Nunan,  owner  and  master,  Cape  Porpoise, 
I  Maine.) 

Nellie  M.  Snow  (schooner).  Well  fleet,  Mass. ;  A.  E.  Snow,  master.    Was  not  allowed 

I  to  purchase  provisions  in  any  Canadian  ports  or  to  relit  or  land  and  ship  lish,  conse- 

(luontly  obliged  to  leave  for  home  with  broken  trip;   not  permitted  to  remain  in 

ports  longer  than  local  Canadian  olHcials  saw  lit.    (From  statements  of  J,  C.  Young, 

[owner,  Wellfleet,  Mass.) 

Gertrude  Summers  (schooner),  Welllleet,  Mass. ;  N.  S.  Snow,  master.    Refused  privi- 

I lej,'o  of  purchasing  provisions,  which  resulted  in  injury  to  voyage.     Found  harbor 

rcgnlatious  nncertain ;  sometimes  could  remain  in  port  twenty-four  hours ;  again  was 

orilLied  out  in  three  hours.    (From  statement  of  N.  S.  Snow,  owner  and  master,  Well- 

jlleot,  Mass.) 

Ctiarles  li.  rr«t/iiH(//ort  (schooner),  Wellfleet,  Mass. ;  Jesse  S.  Snow,  master.  Master 
jinlormed  by  colectbr  at  Ship  Harbor,  Capo  Breton,  that  if  ho  bought  provisions,  even 
lif actually  necessary,  ho  would  be  subject  to  a  lino  of  $400  for  each  offense.  Refused 
Ipermissio'n  by  the  collector  at  Souris,  Priuce  Edward  Island,  to  buy  provisions,  and 
Iwaa  compelled  to  return  home  10th  September,  before  close  of  fishing  season.  Was 
I  obliged  to  report  at  custom-house  every  time  he  entered  tho  harbor,  oven  if  only 
Ifor  shelter.  Found  no  regularity  in  the  amount  of  fees  domauded,  this  being  op- 
Iparontly  at  tho  option  of  tho  collector.  (From  statements  of  Jesse  S.  Snow,  owixt 
I aod  master,  Welllleet,  Mass.) 

John  M.  hall  (schooner),  I'rovineetown,  Mass. ;  N.  W.  Freeman,  master.  Driven  out 
lofGulf  of  St.  Lawrence  to  avoid  lino  of  ^400  for  landing  two  men  iu  the  port  of  Mal- 
Ipsque,  Priuce  Edward  Island.  Was  denied  all  supplies  except  wood  and  water  in  same 
(port.    (From  statements  of  N.  W.  Freeman,  owner  and  master,  Proviucetown,  Mass.) 


100 


THE    FlSllEItlKH    1/ITE8TI0N. 


u,    (J    'I 


Zephyr  (Hchoonor),  Eaatport,  Mo.,  Warron  Pilk,  mivHter.  Cloiirod  from  Eiwtporfc  Hint 
May,  1H8(>,  luidor  rogiHtor  for  West  IhIom,  N«!w  nnuiswick,  to  buy  li«rriii>j.  (Jollectdr 
rot'iised  to  outer  vohmoI,  tollinj;  the  captiiin  tl>at  if  In^  Itoujrlit  (lull,  wliicli  woro  pluiily 
at  tlio  tiiHO,  tlio  VOH80I  would  bo  seized,  llotiiniod  to  Kastport,  losing;  about  a  wcolt, 
whioh  rosnltetl  in  coiiHidoral)lo  loss  to  owuor  and  crow.  (From  statomoiits  of  Giiihi- 
ford  Mitchell,  owner,  East|ioi-t,  Mo.) 

Abdon  Kenie  (Hoboonci-),  IJromoii,  Me. ;  William  C.  Koono,  master.  Was  not  allowod 
to  ship  or  land  crow  at  Nova  Seotia  jiorts.  and  owner  had  to  pay  for  thtMr  tran.spordi- 
tion  to  Maine.  (From  statoinents  of  William  C.  Koono,  owner  and  master,  I5ronn>ii, 
Me.) 

William  Keene  (schooner),  Portland,  Me.;  Daniel  Kimball,  master.  Notallowi'd  to 
Biiip  a  man,  or  to  send  a  man  ashoro  except  for  water  at  I/ivocpool,  Nova  Scotia,  iind 
ordered  to  sea  aH  soon  as  water  was  obtained.  ( From  statements  of  Henry  TrofotUon, 
owner.  Peak's  Island,  Mo.) 

John  JV^i/e  (schooner),  Swan's  Island,  Me.;  W.  L.  Joyce,  master.  After  paying  en- 
try fees  and  harbor  dues  was  not  allowed  to  buy  provisions  at  Molpeque,  Prince  Ed. 
ward  Island,  aud  had  to  return  homo  for  same,  making  a  broken  trip.  (From  state- 
ments of  W.  L.  Joyce,  owner  and  master,  Atlantic,  Mo.) 

Asa  n.  Pervere  (schooner),  Wollfleot,  Mans.;  A.  11.  Gore,  master.  Entered  harbor  for 
Blioltor ;  ordered  out  after  twenty-four  hours.  Denied  right  to  purchase  food.  (From 
statements  of  8.  W.  Kemp,  agent,  WelUleet,  Mass.) 

Nathan  Cleaves  (schooner),  WelUleet,  Mass.;  P.  E.  Hickman,  master.  Ran  short  of 
provisions,  aud  uot  being  permitted  to  buy,  left  for  homo  with  a  broken  voyage, 
Customs  officers  at  Port  Alulgravo,  Nova  Scotia,  would  allow  purchase  of  provisions 
for  homevrard  passage,  but  not  to  continuo  fishing.  (From  statements  of  Paikor  E. 
Hickman,  owner  and  master,  WelUleet,  Mass.) 

Frank  G.  Rich  (schooner),  WelUleot,  Mass.;  Charles  A.  Gorbam,  master.  Not  per- 
mitted to  buy  provisions  or  to  lie  in  Canadiau  ports  over  twenty-four  hours.  (From 
statements  of  Charles  A.  Gorham,  owner  aud  master.  WelHleet,  Mass.) 

Emma  O.  Curtis  (schooner),  Provincotown,  Mass.;  Elisha  Rich,  master.  Not  allowed 
to  purcliaso  provisions,  and  therefore  obliged  to  return  homo.  (From  stiitemonts  of 
Elislia  Rich,  owner  and  maKtor,  Provincotown,  Mass.) 

riciadea  (schooner),  WolUlect,  Mass.;  F.  W.  Snow,  master.  Driven  from  harbor 
■withiu  twenty-four  hours  after  ontoriug.  Not  allowed  to  ship  or  discharge  men 
under  poniilty  of  §400.  (From  Btatomouts  of  S.  W.  Snow,  owner  and  master,  Well 
fleet,  Mass.) 

Charles  F.  Atwood  (schooner),  Wellfloet,  Mass. ;  Michael  Burrows,  master.  Captain 
wasaiot  i>ermitted  to  relit  vessel  or  to  buy  supplies,  and  when  out  of  food  had  to 
return  home.  Found  Canadians  disposed  to  harass  him  aud  put  him  to  mauy  incon- 
veniences ;  not  allowed  to  land  seino  on  Canadian  shore  for  pnrjiosoof  repairing  same. 
(From  statements  of  Michael  Burrows,  owner  and  master  WelUleet,  Mass.) 

Ger<ie  Jfai/ (schooner),  Portland,  Me.;  J.  Doughty,  master.  Not  allowed,  though 
provided  with  permit,  to  touch  and  trade,  to  purchase  lish-bait  in  Nova  Scotia,  aud 
driven  from  harbor.  (From  statements  of  Charles  F.  Gnptill,  owner,  Portland,  Me.) 
Margaret  S.  Smith  (hcIioomct),  Portland,  Me.;  Lincoln  W.  Jowett,  master.  Twice 
compelled  to  return  homo  from  Bay  St.  Lawrence  with  broken  trip,  not  being  able 
to  secure  provisions  to  contiuuo  tishing.  Incurred  luany  potty  iuconvouieuces  in  re- 
gard to  customs  rogulati(Jus.  (From  statements  of  A.  M.  Smith,  owner,  Portland,  Mo.) 
Ehie  M.  Smith  (schooner),  Portland,  Me.;  Enoch  Bulger,  master.  Came  home  witli 
a  half  fare,  uot  being  able  to  got  provisions  to  continuo  tishing.  Lost  seino  in  a  heavy 
galo  rather  than  be  annoyed  by  customs  regulations  when  seeking  shelter.  (From 
statements  of  A.  M.  Smith,  Portland,  Mo.) 

Fannie  A.  Spurlinfi  (schooner),  Portland,  Mo. ;  Caleb  Parris,  master.  Subject  to  many 
annoyances  aud  obliged  to  return  home  with  a  half-fare,  not  being  able  to  procure  pro- 
visions.   (From  statements  of  A.  M.  Smith,  owner,  Portland,  Mo.) 

CarZe/oa  7ic/t  (schooner),  Booth  Bay,  Me. ;  Seth  W.  Eldridge,  master.    Occasioned  I 
considerable  expense  by  being  denied  right  to  procure  crow  in  Canadiau  harbors,  and  | 
detained  in  spring  Avhilo  waiting  for  men  to  come  from  Nova  Scotia.     (From  state- 
ments of  S.Nickorson  &  Sons,  owners,  Booth  Bay,  Me.) 

Abbie  M.  Deering  (schooner),  Portland,  Me. ;  Emery  Gott,  mastr/i-.    Not  being  able] 
to  procure  provisions  obliged  to  return  homo  with  a  third  of  a  fare  of  mackerel, 
(From  statements  of  A.  M.  Smith,  owner,  Portland,  Me.) 

Cora  Louisa  (schooner).  Booth  Bay,  Me. ;  Obed  Harris,  master.  Could  got  no  pro- 
visions in  Canadian  ports  aud  had  to  return  homo  before  getting  a  full  fare  of  lish. 
(From  statements  of  S.  Nickerson  &  Sons,  Booth  Bay,  Me.) 

Eben  Dale  (schooner).  North  Haven,  Me. ;  R.  G.  Babbidge,  master.  Not  permi^| 
ted  to  buy  bait,  ice,  or  to  trade  in  any  way.  Driven  out  of  harbors,  and  unreason- r 
able  restrictions  whenever  near  the  laud.  (From  statements  of  11.  G.  Babbidge,] 
owner  aud  master,  Pulnit  Harbor,  Me. 


THE   FISHERIES   QUESTION. 


101 


I  EiiHtport  lUnt 
wff.  Collt'i'tiir 
h  won*  jtltMity 
about,  a  wcok, 
mats  of  Guild- 

^'lsnot  allowed 
L'ir  tninsporfii- 
iiiMtor,  nroniBii, 

Notall')\v(Ml  to 
DVii  Scotia,  iiud 
oiiry  Trefothou, 

Ftor  payiiif?  t'u- 
|iio,  Prinot)  Ed- 
I.     (From  Htate- 

itcrcA  harbor  for 
me  food.    (From 

r.  Ran  short  of 
broken  voyage. 
ISO  of  provisiouft 
iits  of  Parker  E, 

laster.  Not.  per- 
ir  hours.     (From 

or.  Not  allowed 
om  statcmeutH  of 

ven  from  harbor 
ir  (lischargo  men 
md  master,  Well 

master.  Captain 
.t  of  food  had  to 
111  to  many  iucon- 
,f  repairing  same. 
•Mmks.) 

allowed,  though 
s'ovii  Scotia,  and 
r,  Portland,  Me,) 
,  master.  Twice 
[),  not  being  able 
luvoniouces  in  re- 
;r,  Portland,  Mo.) 
Came  home  with 
.soinoinaheavy 
shelter.     (From 

Subject  to  many 
Jle  to  procure  pro- 
pter.   Occasioned  I 
liau  harbors,  and  | 
la.     (From  state- 
Not  being  able  I 
[are  of  mackerel. 

Icould  get  no  pro- 1 
Ituil  fare  of  tisli. 

ter.     Not  permit- 
and  unreason- 
IB.  G.  Babbidge,! 


Charlet  ffanketl  (scoonor),  North  Ilavon,  Mo. ;  Daniel  Thnrnton,  master.  Obliged 
to  leav'o  Gulf  of  St.  Lawrence  at  considerable  loss,  not  being  allowed  to  buy  provis- 
loMH.    (From  statements  of  C.  8.  Staples,  owner,  North  llavon,  Mo.) 

H'iUie  Parkvian  (schooner).  North  liaven.  Me. ;  William  II.  Hanks,  master.  Unable 
Id  got  supplies  while  in  Onlf  of  St.  Lawrence,  which  n.icessitated  returning  homo  at' 
;;reat  loss,  with  a  broken  voyage.  (From  statements  of  William  H.  Banks,  owner  and 
miwter,  North  Haven,  Mo.) 

1).  J),  (icyer  (schooner),  Portland,  Me. ;  John  K.  Craig, master,  being  refused  priv- 
ili^o  of  touching  at  a  Nova  Scotia  i)ort  to  take  on  r:!sid(uit  «!row  ulready  engaged, 
owner  was  obliged  to  provide  jiosHago  for  men  to  I'ortland  at  considerable  cost,  caus- 
iii){  great  loss  of  time.     (From  statements  of  ,1.  II.  .Jordan,  owner,  Portland,  Mo.) 

Good  Templar  (schooner),  Portland,  Me. ;  Elias  Tarltoii,  master.  Touched  at  La 
Have,  Nova  Scotia,  to  take  on  crew  already  engaged,  but  was  refused  privilege  and 
ordered  to  proceed.  The  men  being  indispensablo  to  voyage,  had  them  <lelivered  on 
board  outside  of  ;{-milo  limit  by  a  Nova  Scotia  boat.  (From  statements  of  Henry 
Troi'othen,  owner.  Peak's  Island,  Me.) 

Eddie  Davidson  (schooner),  Welltlect,  Mass. ;  John  D.  Suow,  master.  On  the  12th  of 
,Iinio,  1886,  touched  at  Cape  Island,  Nova  Scotia,  but  was  not  permitted  to  take  on 
part  of  crew.  Boarded  by  customs  ollicor,  and  ordered  to  sail  within  twenty-four 
hours.  Not  allowed  to  biiy  food  in  ports  of  Gulf  St.  Lawrence.  (From  statements  of 
John  I).  Snow,  owner  and  master,  WelUleet,  Mass.) 

Alice  r.  Iliggins  (schooner), Welllleet,  Mass.;  Alvin  W.  Cobb, master.  Driven  from 
harbors  twice  in  stress  of  weather.  (From  statements  of  Alvin  W.  Cobb,  master, 
\Volllleot,Mass.) 

Cjiiiosure  (schooner),  Booth  Bay,  Me. ;  L.  Rush,  master.  Was  obliged  to  return  home 
before  securing  a  full  cargo,  not  being  permitted  to  purchase  provisions  in  Nova 
Scotia.    (Froiti  statements  of  S.  Nickersoii  &  3.)ns,  owners,  Booth  Bay, Mo.) 

Naiad  (schooner),  Lnbcc,  Mo. ;  Walter  Kennedy,  master.  Presented  frontier  license 
(heretofore  acceptable)  on  arriving  at  St.  George,  Now  Brunswick,  but  collector  would 
uot  recognize  same.  Was  compelled  to  return  to  Eastport  and  clear  under  register 
l)i?foro  being  allowed  to  purchase  herring,  thus  losing  our  trip.  (From  statements  of 
Walter  Kennedy,  nmstcr,  Lubec,  Me.) 

Louisa  A.  Grant  (schooner),  Provincetown,  Mass. ;  Joseph  Hatch,  jr.,  master.  Took 
permit  to  touch  and  trade.  Arrived  at  St.  Peters,  Cape  Breton,  in  afternoon  of  the 
l!)th  May,  18HG.  Entered  and  cleared  according  to  law.  Was  obliged  to  take  inex- 
perienced men,  at  their  own  jirices,  to  comjilote  lisbiug  crew  to  get  to  sea  before  the 
arrival  of  a  seizing  ollicor,  who  had  started  from  Straits  of  Canso  at  5  o'clock  same 
afternoon  in  search  of  vessel,  having  been  advised  by  telegraph  of  shipping  of  men. 
(From  statements  of  Joseph  Hatch,  jr.,  owner  and  master,  Provincetown,  Mass.) 

Loltic  E,  Hopkins  (schooner),  Vinal  Haven,  Me.;  Emery  J.  Hopkins,  master.  Re- 
fused permission  to  bny  any  article  of  food  in  Canadian  ports.  Obtained  shelter  in 
harbors  only  by  entering  at  cnstom-house.  (From  statement  of  Emery  J.  Hopkins, 
owner  and  master.  North  Haven,  Mo.) 

Florinc  J<\  XicLerson  (schooner),  Chatham,  Mass. ,  Nathaniel  E.  Eldridge,  master. 
Engaged  iishermen  for  vessel  at  Liverpool,  Nova  Scotia,  but  action  of  Canadian  Gov- 
ernment necessitated  their  transportation  to  the  United  States,  and  loss  of  time  to 
vcs.sel  while  awaiting  their  arr'v.al;  otherwise  would  have  called  for  them  on  way 
to  iisliing  grounds.  Returning  touched  at  Liverpool,  bat  immediately  on  anchoring 
Can.idian  ofli(!ial8  came  aboard  and  refused  permission  for  men  to  go  ashore.  Cap- 
j  tain  at  once  signiiied  his  intention  of  immediately  proceeding  on  passage,  but  olDcer 
lireveutcd  his  departure  until  ho  had  reported  at  custom-house,  vessel  being  thereby 
detained  two  days,  (From  statements  of  Kendrick  «&  Bearso,  owners,  South  Harwich, 
[Mass.) 

D.  IS.  B.  (sloop),  Eastport,  Me. ;  George  W.  Copp,  master.    Obliged  to  discontinue 

I  business  of  buying  sardine  herring  in  New  Brunswick  port,  for  Eastport  canneries, 

as  local  customs  regulations  were  during  the  season  of  1886  made  so  exacting  that  it 

Jws  impossible  to  comply  with  them  withont  risk  of  the  lish  becoming  stale  and 

(spoiled  by  detention.  (Fronistatements  of  George  W.  Copp,  master,  Eastport,  Me.) 

6'i>  Knight  (schooner),  Southport,  Me. ;  Mark  Rand,  master.  Compelled  to  pay 
I  transportation  for  crew  from  Nova  Scotia  to  Maine,  the  vessel  not  being  allowed  to 
I  call  !it  Nova  Scotia  ports  for  them  on  her  way  to  the  fishing  grounds.  (From  state- 
Iments  of  William  T.  Maddocks,  owner,  Southport,  Me.) 

{  Uncle  Joe  (schooner),  Southport,  Me. ;  J.  W.  Pierce,  master.  Compelled  to  pay 
Itransportation  for  crew  from  Nova  Scotia  to  Maine,  the  vessel  not  being  al'owed  to 
Icall  at  Nova  Scotia  ports  for  them  on  her  way  to  the  fishing  grounds.  (From  state- 
Iments  of  William  T.  Maddocks,  owner,  Southport,  Me.) 

I  Willie  G,  (schooner),  Southport,  Me. ;  Albert  F.  Orne,  master.    Compelled  to  pay  ' 
Itran.sjiortation  for  crow  from  Nova  Scotia  to  Maine,  the  vessel  not  being  allowed  to 
|call  at  Nova  Scotia  ports  for  them  on  her  way  to  the  fishing  grounds.    (From  state- 
Wnts  of  William  T.  M.iddocks,  owner,  Southport,  Me.) 


H 

m 

1 

ii 


-hi 


102 


TH!3   FISHERIES   QUESTION. 


Ladv  Elgin  (Hchooiior),  Hoiitlipoil,  Mn. ;  Cmtrgo  W.  I'itircM!,  innHter.  Compelled  to 
pay  tniiiHportiitioH  for  crow  rnim  Notiv  Hcofia  t(»  Maiius  tho  vohhuI  not  boinj;  aUowctl 
to  call  at  Nova  Scotia  ports  for  Miciii  on  licrwjiy  tothollHliing  ^{ruuiulM.  (KroiuHtate- 
inonts  of  William  T.  MaddockH,  owncj,  Hoiitliporf,  Mo.) 

John  H.  Kennfidii  {HvAiooiwr),  Portland,  Mr..,  David  Doiinhcrty.  Called  at  a  Nova 
Scotia  port  for  bait  but  loft  without  obtuiiiiiiK  Haiiu-,  foarinj;  Moiziiro  and  line,  return- 
ing homo  with  a  broken  voyagt^  At  a  Ni'-wloundland  port  wan  charf?«!d  )8llU  li(;ht- 
houso  dnoH,  giving  draft  on  owners  for  Hanie,  whicdi,  being  excessive,  thoy  rci'uscd  to 
pay.     (From  statement  of  E.  (>.  VVillard,  cwror,  I'ortland,  Me.)  , 

liiplcy  liopcn  (mdiooner),  Southport,  Mo.,  C.  E.  Hare  nnnter.  Vessel  ready  to  sail 
when  telegram  from  uuthoritioH  at  Ottawa  refused  permission  to  touch  at  Canadian 
ports  to  ship  men  ;  consequently  obliged  to  pay  for  their  trausportation  to  Maine,  anil 
vessel  detained  whil(<  awaiting  their  arrival.  (From  Htatomouts  of  Freeman  Oruc  i 
Son,  owners,  Honlhport,  Mo.) 

Jennie  Armstrong  (scdiooner),  Sontlipor*^,  Mo.,  A.  ().  Wcsbbor  master.  Vessel  ready 
t6  sail  when  telegram  from  authorities  at  Ottawa  refused  permission  to  touch  at 
Canadian  ports  to  slip  men  ;  consoiinently.  obliged  to  ])ay  for  their  transportation  to 
Maine,  and  vessel  detained  while  awaiting  their  arrival.  (From  statements  of  Free- 
man Orno  &.  Son,  owners,  Southport,  Me.) 

Vanguard  (schooner),  Southport,  Me.,  C.  C.  Dyor  master.  Vessel  ready  to  Bail 
■v.'hen  tolegram  froui  authr.ritios  refused  permission  to  touch  atUainidian  ports  to  sliip 
men ;  consequently  obliged  to  i)ay  for  their  transportation. to  Maini^  and  vessel  de- 
tained while  awaiting  their  arrival.  (From  stfitements  of  Freeman  Orno  &,  Sou, 
owners,  Southport,  Mo.) 

Electric  Flash  (schooner),  North  Haven,  Mo.,  Aaron  Suiith  master.  Unablo  to 
obtain  snpjilios  in  Canadian  ports,  and  obliged  to  return  honn*  before  obtaining  full 
cargo.     (From  statements  of  Aaron  Smith,  master  and  agent.  North  Haven,  Me.) 

Daniel  Simmona  (schooner),  Suan's  Island,  Mo.,  John  A.  Gotfc  master.  Com- 
pelled to  go  without  necessary  outlit  while  tishing  in  Gulf  of  St.  Lawrence.  (From 
Htatementa  of  Mr.  Stimpson,  owner,  Gwan's  Island,  Me.) 

Graver  Cleveland  (schooner),  IJoston,  Mass.,  George  Lakcnan  mast^T.  Comiicllcd 
to  roturn  homo  with  only  partial  fare  of  mackerel,  being  refused  supplies  in  Canadiiiu 
ports.     (I'Yom  statements  of  D.  F.  DoButts,  owner,  Boston,  Mass.) 

Andrew  Jiurnham  (schooner),  Boston,  Mass.,  Nathan  F.  Blake  master.  Not  al- 
lowed to  buy  provisions  or  to  land  and  ship  lish  to  Boston,  thereby  losing  valuable 
time  for  fishing.     (From  statements  of  B.  F.  DeButts,  owner,  Boston,  Mass.) 

Jlarrji  (r.  French  (schooner),  Gloucester,  Mass.,  .John  Chishoim  master.  Kefused 
permission  to  pnrchaso  provisions  or  to  land  cargo  for  shipment  (o  the  United  Stiitiw, 
(From  statements  of  .Tohn  Chisholm,  master  and  owner,  Gloucester,  Mass.) 

Colonel  J.  11.  French  (schooner),  Gloucester,  Mass.,  William  Harris  master.  Wu,s 
refused  permission  to  purchase  any  supplies  or  to  forward  lish  to  tho  homo  iiort  by 
steamer,  causing  much  loss  of  time  and  money.  (From  statements  of  John  Chisholm, 
owner,  Gloucester,  Mass.) 

W.  H,  Wellington  (schooner),  Gloucester,  Mass.,  D.  S.  Nickerson  master.    Was  ic-  j 
fused  i)ermis8ion  to  purchase  any  supplies  or  to  forward  fish  to  the  homo  port  by 
steamer,  causing  much  loss  of  time  and  mouoy.    (From  statements  of  John  Chisholm, 
owner,  Gloucester,  Mass.) 

Ralph  Hodgdon  (schooner),  Gloucester,  Mass.,  Thomas  F.  Hodgdon  master.     Was  re- 1 
fused  permission  to  purchase  any  supplies  or  to  forward  lish  to  tho  homo  port  by  i 
steamer,  causing  much  loss  of  time  and  money.     ( From  statements  of  John  Chisholm, 
owner,  Gloucester, Mass.)  I 

Haitie  Evelgn  (schooner),  Gloucester,  Ma8s.,.Jamo8  A.  Cromwell  master.    Not  al-l 
lowed  to  buy  any  provisions  in  any  provincial  ports,  and  thereby  compelled  to  roturn  | 
home  during  the  fishing  season,  causing  broken  voyage  and  groat  loss.     (From  state- 
ments of  James  A.  Cromwell,  owner  and  master,  Gloucester,  Mass.) 

Emma  W.  Brown  (schooner), .Gloucester,  Mass.,  John  McFavland  master.  Wasfor-I 
bidden  buying  provisions  at  any  i)rovincial  ports,  and  thereby  lost  three  weeks'  time  I 
and  was  coiupolled  to  i-eturn  homo  with  only  part  of  cargo,  f  From  statement  of  Jolw  | 
McFarland,  master,  Gloucester,  Mass.) 

Mary  IF,  Thomas  (schooner),  Gloucester,  Mass,,  Henry  B.  Thomas  master.  Prohib-I 
ited  from  buying  provisions,  and,  in  consequence,  had  to  return  homo  before  close  of  j 
fishing  season.  (From  statements  of  Henry  B.  Thomas,  owner  and  master,  Gloucester,  i 
Mass. )  I 

Ilatiie  B.  West  (schooner),  Gloucester,  Mass.,  C.  H.  Jackman  master.  Prevented  j 
from  buying  provisions  to  cn.ible  vessel  to  continue  fishing  ;  two  of  crow  deserted  inl 
a  Canadian  port,  and  captain  went  ashore  to  report  at  custom-houso  and  to  secure  lol 
turn  of  men ;  was  delayed  by  custom-otticer  not  being  at  his  post  and  ordered  to  ml 
by  first  officer  of  cutter  Jlowletl  before  having  an  opportunity  of  reporting  at  customl 
house  or  of  finishing  business ;  had  to  return  and  report  on  same  day  or  be  snbjeot  toal 
fine.    Prevented  from  shipping  men  at  same  place.    At  Port  Hawkesbury,  Noval 


THK    PTSIIERIKH    (/IIKHTION. 


103 


8c«)tiu,  wl'"''  on  lioimnviinl  iiaKMn){(',  not  tilli»\vt'tl  to  taUn  lui  Ixianl  «to\v  of  Hcizod 
Americuii  lls'iiiiit  McliooiuT  J/or»'o  (ox//*,  wluxlfsin'tl  lo  Kilurii  lioriio.  (L'roiu  stato- 
mentsot'C,  H.  Jiickmaii,  niuHter,  Olouccstcr,  Maw;.) 

Etiiil  Maud  (Hcliooii««r),  (JloiiceHtcr,  Muhh.,  (Kiorj';*^  II.  Martin  niaMtor.  Provided 
wiHiaUii)»:«Ml  8tiit»!H  iM-ruiit  to  tontli  luiil  trado.  l^iitcn-d  Tigni.'li,  I'liiico  Edward 
!hIiumI,  to  {lurcliam,  milt  in  barrolH  ;  \vuHi)rohil)iti'd  Iroin  hiiyiiiK  iinytlun^j.  Collector 
wiiH  otlcred  permit,  hut  declared  it  to  be  worthiesH,  and  would  not  exainino  it;  ves- 
gch>blin<'d  to  return  homo  tor  .irticlos  mentioned.  On  wecond  trip  wan  not  permitted 
to  get  any  food.  (From  HtatemontH  of  Ueor{|e  II.  Martiti,  owner  and  maHter,  Eaut 
Oioiicester,  Mass.) 

Joint  >y.  iiraij  (Hcho(  ler),  Glouceste.",  MaaH.,  George  MfsLcan  maHter.  On  account  of 
extreme  prohibitory  meusnreH  of  tiie  Canadian  goverinnent  in  rei'UHini;  shelter  and 
HUppliea,  and  other  conveniences,  was  obii^Ml  to  abandon  her  voyage  and  come  homo 
witlioutlish.     ( From  HtatementH  of  John  F,  VVonsou  »V  Co.,  owners,  (iloueoster,  Mass.) 

//(■/in/  W.  Loiififellow  (schooner),  Gloucester,  Mass.,  VV.  VV.  Kini^  uianter.  Obliged  to 
leave  (Julf  of  Ht.  Lawrence  with  only  (12  barrels  of  niack<'rcl,  on  account  of  restric- 
tions imposed  by  Canadian  government  in  preventing  captain  from  procuring  necos- 
8»ry  supplies  to  continno  llshing.  (From  statoments  of  John  F.  Wonson  &  Co.,  own- 
ers, Gloucester,  Mass.) 

RuHhtight  (schooner),  Gloucester,  Mass.,  James  L.  Konney  master.  Compelled  to 
leave  Gulf  of  St.  Lawrence  with  only  DO  l)arrels  of  mackorel,  because  of  restrictions 
imposed  by  Canadian  government  in  prohibiring  captain  from  purchasing  supplies 
lueded  to  continue  lishing.  (From  .itatements  of  John  F.  Wonson  &  Co.,  owners, 
Gloucester,  Mass.) 

IkHe  Franklin  (schooner),  Gloucester,  Mass.,  Henry  D.  Kendrick  master.  Obliged 
to  leave  Gulf  of  St.  Lawrence  with  1.%  l)arrelsof  mackerel,  on  account  of  restrictions 
imposed  by  Canadian  govorr'ment  in  denying  tho  captain  the  right  to  procure  noc- 
cssary  supplies  to  continue  lishing.  (l''rom  Btatenieuts  of  John  F.  Wonson  &  Co., 
owners,  Gloucester,  Mass. ) 

Neponact  (schooner),  Boston,  Mass.,  E.  S.  Frye  master.  On  27th  August,  188(5,  an- 
chored in  Port  ilawkesbury,  Capo  IJreton,  and  immediately  reported  at  custom-house  ; 
being  short  of  pro,  idous,  nmsier  asked  collector  for  permits  to  bay,  but  wus  twice 
refused.  The  niiuster  exprissing  his  intention  of  seeing  the  United  Stii  s  consul  at 
Port  Hastings,  Cape  Bretoi,  ;{  miles  distant,  the  customs  oHicer  forbade  liiin  landing 
at  that  port  to  see  the  consul ;  ho  did  so,  however,  saw  tho  consnl,  but  could  get  no 
aid,  the  consul  staMiig  that  if  provisions  were  furnished,  the  vessel  would  be  seized. 
Master  being  sick,  and  wishing  to  return  homo  by  rail,  at  the  suggestion  of  tho  con- 
sul, he  landed  secretly,  and  traveled  through  tho  woods  to  the  station,  'A  miles  distaatt 
(Fxum  atatcmnni^sof  E.  S.  Tryo,  owner  and  master,  Boston,  Moiw.) 


llncloanre  11.] 
Tho  Marquia  of  Lanadrnvne  to  Sir  IT.  Holland, 

GOVERNMKNT  HOUSE,    OTTAWA,   jlpril  2,   ISSl*. 

Siu:  With  reference  to  Mr.  Stanhope's  dispatch  of  tho  16th  December  last,  trans- 
mitting a  copy  of  a  letter  from  tho  foreign  oDico,  with  iLs  inclosures,  respecting  tho 
alleged  improper  conduct  of  authorities  in  the  Dominion  in  dealing  with  the  United 
States  fishing  vessels  Laura  Sayward  and  Jennie  Seaixrna,  and  reqnesting  to  bo  fur- 
nished with  a  report  on  these  cases  for  communication  to  the  United  States  Govorn- 
m(int,  I  have  the  honor  to  forward  herewith  a  copy  of  an  approved  minute  of  tho 
privy  council  of  Canada,  embodying  a  report  of  my  minister  of  marine  and  lisheriea 
oil  the  subject. 

I  have  much  pleasure  in  calling  your  attention  to  the  penultimate  paragraph  of 
that  report,  from  which  you  will  observe  that  it  will,  in  tho  opinion  of  my  Govern- 
ment, bo  possible,  in  cases  like  that  of  the  Jennie  Seaverna,  where  a  foreign  fishing  ves- 
sel has  entered  a  Canadian  ha  -bor  for  a  lawful  purpose  and  in  tho  pursuance  of  hir 
treaty  rights,  to  exercise,  the  necessary  supervision  over  the  conduct  of  her  master  aud 
crow,  and  to  guard  against  infractions  of  the  customs  law  and  other  statutes  binding 
upon  foreign  vessels  while  in  Canadian  waters,  without  placing  an  armed  guard  on 
hoard  or  preventing  reasonable  communication  with  the  shore. 

My  advisers  are,  in  regard  to  such  matters,  fully  prei)ared  to  recognize  that  a  dif- 
ferouce  should  bo  mado  between  the  treatment  of  vessels  bona  fide  entering  a  Cana- 
dian harbor  for  shelter  or  repair,  or  to  obtain  wood  and  water,  and  that  of  other 
vessels  of  the  samo  elaas  entfring  such  harbors  ostensibly  for  a  lawful  purpose,  but 
really  with  the  intention  of  breaking  the  law. 
I  have,  etc., 

Laksdownx. 


104 


THE   FISHERIES   QUESTION 
[Inclosnre  12.] 


M 


Beport  of  a  committee  of  the  honoraile  the  privy  council  for  Canada  approved  hy  hit  ex- 
cellency the  governor-general  in  council  on  the  23rf  March,  1887. 

The  committee  of  the  privy  council  have  bad  under  consideration  a  dispatch  datet! 
the  16th  December,  188(5,  from  the  right  honorable  the  secretar.y  of  state  for  the  Col. 
onies,  transmittinsf  a  copy  of  a  letter  from  the  foreign  office  covering  a  copy  of  a  dis- 
patch from  Her  Majesty's  minister  at  Washington  inclosing  notes  which  he  has  re- 
ceived from  Mr.  Bayard,  United  Statea  Secret.ary  of  State,  protesiing  against  tLo  con- 
duct of  the  Dominion  authorities  in  their  dealings  with  the  United  Stateo  fishing 
vessels  Laura  Sayward  and  Jimnie  Seaveims,  and  requesting  to  be  f  urni.shed  with  a  report 
on  the  subject  for  comnmnication  to  the  Government  of  the  United  States. 

The  minister  of  marine  and  iishories,  to  whom  the  dispatch  and  inclosurcs  wore 
referred  for  immediate  report,  observes  that  Mr.  Bayard  takes  exception  to  the  "in- 
hospitable and  inhuman  conduct "  of  the  collector  of  customs  at  the  port  of  Shelburne, 
Nova  Sco*la,  ■  ■  refusing  to  allov?  Captain  Kose,  of  the  Laura  Sayward,  to  buy  suffi- 
cient food  to  last  himself  and  crew  on  their  homeward  voyage,  and  complains  of  the 
action  of  the  collector  in  "  unnecessarily  retaining"  the  ^)aper8  of  the  vessel.  Mr 
Bayard  bases  his  representation  upon  the  annexed  declaration  made  by  Captain  Rose, 
but  supported  by  no  other  testimony. 

The  minister  states  that  immediately  on  the  receipt  of  the  dispatch  above  mentione'' 
a  copy  of  thi  charges  was  forwarded  to  the  collector  ut  the  port  of  Shi-lburno,  and  hip 
statement  in  reply  thereto  is  annexed. 

The  minister  believes  that  Collector  Atwood's  statement  is  a  reasonable  and  suffi- 
cient answer  to  the  allegations  made  by  the  captain  of  the  Sayivard,  and  leaves  no  ground 
of  justification  for  the  strong  language  used  by  Mr.  Bayard  in  his  note  to  Sir  L.  Suck- 
ville  West. 

The  minister  further  obsc;  ves  that,  with  reference  to  the  Jennie  Seaverns,  Mr.  Bayard 
complains  of  the  conduct  of  Captain  Qnigley,  of  the  Terror,  in  preventing  the  captain 
of  the  Jennie  Searerna  from  landing  to  visit  his  I'clations  in  Liverpool,  Nova,  Scotia,  and 
in  forbidding  his  relatives  to  visitninion  board  his  vessel,  and  in  placing  a  guard  upoL 
the  Seaverns  while  she  was  in  nort.  These  complaints  are  based  upon  the  .xflidavit  of 
Capta'.u  Tupper,  of  the  S'm'vrns,  a  copy  of  which  is  attached.  The  statements  of 
Captain Quigloy,  and  his  first  oflicer,  Bennett,  are  submitted  in  reply,  and  seem  to  afi'ord 
ample  proof  that  no  violence  or  injustice  was  done  to  the  fishing  schooner. 

The  minibter  is  of  the  opinion  that  the  captain  of  the  Jennie  (Seai'crna  has  nothing  to 
complain  of.  He  came  in  solely  for  shelte",  and  this  was  not  denied  him.  He  was  re- 
(luested  to  report  at  the  customs,  with  which  request  he,  upon  his  own  evidence,  will- 
ingly complied. 

The  other  precautious  taken  by  Captain  Quigley  were  simply  to  insure  that,  while 
shelter  was  being  had,  the  provisions  of  the  convention  and  of  the  customs  law  were 
not  violated. 

The  ministerj  however,  while  assured  that  the  vessel  in  question  Buffered  no  dep- 
rivation of  or  interference  with  its  rights  as  defined  by  the  convention  of  1818,  is  of 
opinion  that,  in  i)nisnanco  of  the  spirit  of  uniform  kindly  interpretation  of  the  law, 
which  it  has  been  the  constant  aim  of  the  government  of  Canada  to  exemplify  in  itp 
dealings  with  United  States  fishermen,  it  is  possible  for  the  officers  in  charge  of  tlio 
cruisers  to  efflciently  guard  the  rights  of  Canadian  citizens  and  enforce  the  provisions 
of  the  law  without  in  such  cases  as  the  above  finding  it  necessary  to  place  an  armed 
guard  on  board  the  fishing  vessel,  or  preventing  what  may  be  deeniod  reasonable  com- 
munication with  the  shore. 

The  com.nittee,  concurring,  in  the  report  of  the  minister  of  laarine  and  fisheries,  rec- 
ommend that  your  excellency  be  moved  to  transmit  a  copy  of  this  minute  to  the 
right  honorable  the  secretary  of  state  for  the  colonies  for  the  purpose  of  communica- 
tion to  the  Government  of  the  United  States. 

All  which  is  respectfully  submitted  for  your  excellency's  ap])roval. 

.John  J.  McGek, 
Clerk  Privy  Council  Canada. 


[Inolosure  13.] 
Deposition  of  Medeo  Bose, 

I,  Iledoo  Rose,  master  of  schoonei  Laura  Sayieard,  of  Gloucester,  being  duly  swom,  do 
depose  and  say:  That  on  Saturday,  the  '2d  October,  being  then  on  Western  Bank,  on 
a  hshingtrip,  and  being  short  of  provisions,  we  hove  uf  anchor  and  started  for  homo. 

The  wind  was  blowing  almost  a  gale  from  the  northwest,  and,  being  almost  doftil  I 


THE   PISKERIES   QUESTION. 


105 


roved  ly  A»«  «• 

7. 

-Jispatcb  dated 
uto  for  tbo  Col- 
a  copy  of  a  tlis- 
liic'a  lie  has  re- 
.gainst  tLa  con- 
States  fishing 
ocl  with  a  report 
tatcs. 

inclosurcs  wore 
tion  to  the  "in- 
irt  of  Shelburne, 
rd,  to  buy  suffl- 
lomplains  of  the 
the  vessel.  Mr 
jy  Captain  Rose, 

ihove  mentione''. 
mlburne,  and  hie 

ouahle  and  sutfi- 
.leavosnogroiiud 
te  to  Sir  L.  Suck- 

verns,  Mr.  B-vyard 
iiting  the  captain 
Nova  Scotia,  and 
nnga<Tuavdupou 
jntiic  aflidavltof 
'ho  statements  of 
fiudseom  to  afford 

jioonor. 

in  a  has  nothing  to 

liim.    Ho  was  re- 

n  evidence,  will- 
Insure  that,  while 

\iHtoms  law  were 

,  BUtfered  no  dcp- 
Itionof  1818,  isof 
lation  of  the  law, 
)  exemplify  in  itf 
,  in  charge  of  the 
Ivce  the  provisions 

10  place  an  armed 

11  reasonable  com- 

iind  fisheries,  rcc- 
Is  minute  to  the 
Iso  of  comninnica- 


|J.  McGkk, 
Council  Canada. 


LgdnlyBWom,do 
i^estern  Bank,  on 
li,arted  for  li«'i"M 
ling  almost  di'«''  | 


ahead,  we  made  slow  progress  on  our  voyage  home.  On  Tuesday,  the  5th  October,  we 
inadoSholbiirne,  Nova  Scotia,  and  arrived  in  that  harbor  about  8  p.m. on  that  day, 
short  of  provisions,  water,  and  oil  to  burn.  On  Wednesday  I  sailed  for  the  inner  har- 
bor ol  Shelburne,  arriving  at  the  town  about  4  p.  m.  Ou  going  ashore  I  found  the  cus- 
tom-house closed,  and  hunted  up  the  collec^'^r  and  entered  my  vessel,  and  asked  per- 
mission from  him  +0  buy  7  poumls  of  sugar,  3  pounds  of  coii'ee,  and  1  bushel  of  potatoes, 
and  "2  pounds  butter  or  liird  or  pork,  and  oil  enough  to  last  xis  home,  a*  d  was  refused. 
I  stat.  d  to  him  my  siluation,  short  of  jirovisions,  and  a  voyage  of  250  miles  before, 
andploadcd  vith  him  for  this  slight  privilege,  b\it  it  was  of  no  avail.  I  then  visited 
tho  American  consul  and  .asked  liis  assistance,  and  found  him  powerless  to  aid  me  in 
this  matter.  Tho  coll<ictor  of  customs  hold  my  papers  until  the  next  morning,  although 
I  iiskod  for  them  as  soon  as  I  found  I  cculd  not  buy  any  provisions,  say  abovjt  one  and 
ahilfliours  iifter  I  ontored,  but  liorcfised  to  give  them  to  mo  until  the  next  morning. 
Immediately  on  recciviii}^  my  paners  on  Thursday  morniug  I  started  for  home,  arriv- 
ing on  Snuday.  I  think  tho  troaimont  I  received  harsh  and  cruel,  driving  myself  and 
crew  to  ,s(!a  with  a  scant  supply  of  provisions,  wo  having  but  a  little  flour  and  water, 
and  liable  to  be  bufieted  for  days  before  reaching  home. 

Medeo  Rosb. 
JIassacuusktts,  tSSEX,  8S: 

Pcrsouully  appeared  iSledeo  Rose  and  mad«  oath  to  the_truth  of  the  above  statement 
het'oro  mo. 
[sKAi..]  Aaron  Paksons, 

iiotart)  I'ublio, 
OCTOBEU  13,  1886. 


[Inclosnre  14.] 

Mr.  Atwnod  to  Mr.  Johnson, 

CusTOM-HousE,  SnELBt'RXE,  January  5,  1887. 

Siu :  With  rei'erence  to  the  statement  by  Medeo  Rose,  master  of  the  schooner  Laura 

Snyiraid,  I  beg  to  say  that  in  many  particulars  it  is  not  true  and  is  very  unjust.    The 

cnstoiu-houso  WiiS  not  closed,  as  staled.    OlBco  hours  are  supposed  to  be  frouiO  a.  m. 

to  4  p.  m.,  but  masters  of  vessels,  American  fishermen  particularly,  are  allowed  to 

roiioit  tlioir  vessels  inward  and  outward,  and  obtain  clearances  at  any  hour  between 

(la.  m.  and  11  p.  m.  (Sundays  excepted),  and  the  ofEco  is  always  open.    On  the  6th 

October  last  I  left  at  4  p.  m.,  and  went  to  an  agricultural  exhibition,  not  an  eighth 

;  of  ami  lo  distant— say  a  three  minutes' walk — and  left  word  at  the  office  to  tell  any 

I  one  who  called  where  I  could  be  found.     I  had  been  on  the  grounds  about  fifteen 

[minutes  when  Captain  Rose  put  in  an  appearance,  and  I  at  once  came  to  the  office, 

ami  he  reported  his  vessel,  stated  that  ho  was  from  the  bank  bound  home,  and  came 

ill  to  iill  water,  .and  wanted  provisions,  as  follows,  viz  :  7  pounds  of  sugar,  3  pounds 

ofcoll'oo,  1  bushel  of  potat  )'!s,  anil  2  pounds  of  butter;  this  Avas  all.     I  took  a  momo- 

[ruud.iiu  .ind  attached  to  his  inward  report,  and  oil  is  not  mentioned  ;  stated  that  he 

I  had  plenty  of  flonr,  fish,  aud  other  provisions  sntficient  for  vo,vago  home. 

I  gave  him  permission  to  fill  water  at  once ;  but  as  the  treat-y  made  no  provision  for 
[pnrchaso  of  supplies,  I  would  telegraph  the  department  ;.t  Ottawa,  and  no  doubt  it 
Iffould  bo  allowed.  Captain  Rose  ovpressed  his  wilkugness  to  remain  until  a  reply 
|ffasroeoivcd.  He  called  at  the  ntfico  next  morniug  (Tbcrsday)  at  6.30  a.  m.,  and 
[  finding  I  had  not  received  a  reply,  said  as  the  wind  was  fair  and  a  good  breeze,  he 
[would  not  wait  longer  and  would  take  a  clearance,  which  I  gave  him.  I  told  him  an 
lanswer  to  telegram  would  prob.tbly  bo  received  by  10  a.  nu  I  did  not  cons'der  it  a 
lease  of  actual  distre-ss  by  any  moans,  as  by  tho  master's  own  statement  he  had  plenty 
[of  other  provisions,  and  all  that  lie  really  and  actu'tlly  needed  was  to  fill  water. 

Tho  statement  that  I  hold  his  papers,  although  he  asked  for  them,  etc.,  and  that  I  re- 
Ifnsed  to  gi\  c  them  to  him  until  next  morning,  is  all  false.  Ka  did  not  ask  further  niitil 
laext  morning,  wheu  \w  got  his  clearance.  The  statement  that  the  treatment  he  re- 
Icelvcd  was  harsh  and  driving  him  to  sea  baring  little  water  and  lloo'-,  etc.,  is  all  un- 
Itriio,  .as  what  1  have  already  stated  will  prove.  Captain  Medeo  Rose  was  hero  with 
lliis  vessel  ou  the  23d  November  3as* .  and  entered  his  vessel  and  obtained  clearance  at 
IB  in  tho  evening;  was  here  agai*  .  "'3ii7th  November  and  remained  five  days  for 
Irepaiis,  andnothingwassaidbyhijiof  the"  inhumanconducfor  "harsh  treatment" 
|on  the  part  of  the  collector  towards  him. 
Tho  above  is  a  plain  statement  of  the  facts,  and  many  of  the  statements  can  be  cor« 
^berated  by  the  Amoricj^n  consul  of  this  port  it  leferred  to  him. 
I  %m,  etc., 

W.  W.  Atwood, 

Collector, 


106  THE  FISHERIES   QUESTION. 

[Incloaaii   15.1 
Deposition  of  Joseph  Tapper. 

I,  Joseph  Topper,  master  of  the  schooner  Jennie  Seaverns,  of  Glonocstor,  being  dnlyl 
sworn,  do  deposo  and  say :  That  on  Thursday,  tlio  'i^Sth  October,  while  on  my  passage 
home  from  a  lishing  trip,  the  wind  blowing  a  gale  from  southeast  and  a  heavy  sea 
running,  I  was  obliged  to  enter  the  harbor  of  Iji  verpool.  Nova  Scotia,  for  shelter.    Im.  I 
mediately   on  coming  to  anchor   was  boarded  by  Captain  Quigley,  cf  Canadiaa) 
cruiser  Terror,  who  ordered  mo  to  go  inshore  at  once  and  report  at  thu  cnstom-hoinCir 
to  which  I  replied  that  sucli  was  my  intention.    Ho  gave  me  perinis.siou  to  take  two! 
men  in  the  boat  with  me,  bvit  they  must  remain  in  the  boat  and  must  not  step  on  I 
shore.     I  asked  Captain  Quigley  if  I  could,  after  entering,  visit  some  of  my  relations j 
who  resided  in  Liverpool  and  whom  I  had  not  seen  for  many  yoars.    This  privilege 
was  denied  me.    After  entering,  having  returned  to  my  vessel,  some  of  my  relatives! 
came  to  see  mo  oif.    When  Captain  Qnigley  saw  their  boat  alongside  of  my  vessel  I 
he  sent  an  oiQcer  and  boat's  crew,  who  ordered  them  away,  and  at  sundown  ho  placed  I 
an  armed  guard  on  board  our  vessel,  who  remained  on  board  all  night,  and  was  taken  I 
otf  just  before  we  sailed  in  tho  mornin'j. 

I  complied  with  the  Canadian  laws,  and  had  no  intention  or  desire  to  violate  tlieml 
in  any  way;  but  to  bo  made  a  prisoner  on  board  my  own  vessel,  and  treated  likeal 
suspicious  character,  gratesharshly  upon  tho  feelings  of  an  American  seaman,  andll 
protest  against  sue'-  treatujent,  and  respectfully  ask  fi.nn  my  own  Government  pro-l 
tectioQ  from  such  uv^just,  xinfriendly,  and  arbitrary  trei^ttnent. 

Joseph  Tupper, 
Massaciuisetts,  Essex,  ss  : 

Personally  appeared  Joseph  Tnx)per,  and  made  oath  to  the  truth  of  the  abovel 
statement  before  me, 

Aaron  Pausons, 

Notary  Public, 

November  4, 1886. 

[Inclosnre  10.] 
Mr.  Quigley  to  Major  Tillon. 

Newcastle,  January  19,  1887. 

Sik:  In  reference  to  the  American  schoouor  Jennie  Seavcrns  of  Gloucester,  i  M 
she  arrived  on  Thursday,  tho  "iStli  October,  us  stated  in  his  complaint,  at  Livetl 
pool,  Nova  Scotia,  and  after  she  anchored  I  sent  Chief  Otilcer  Bennett  on  board  withl 
instructions,  telling  him  what  tho  law  was,  so  that  he  would  not  do  anythinjl 
through  ignorance  of  it,  and  get  his  vessel  in  trouble.  These  instructions  were  to  ref 
port  his  vessel  at  the  customs  before  sailing,  and  to  take  two  of  his  crew  and  boalj 
with  him  when  he  did  go  for  that  purpose,  but  tho  rest  of  his  crew  were  not  to  go  oil 
shore,  and  that  after  he  reported  uo  per  on  from  his  vessel  was  to  go  on  shore,  ushl 
got  all  he  put  in  for,  ^iz.,  shelter ;  and  ho  reported  his  vessel  putting  iu  for  that  put-I 
pose  and  for  no  other;  not  for  tho  purpose  of  lotting  his  crew  on  shore. 

Tho  boat  that  was  ordered  from  his  vessel  was  from  shore,  and  was  not  allowei 
alongside  of  these  vessels,  as  it  gave  the  crews  a  ehanco  to  got  ashore  w'.th  thera,o,J 
to  smuggle  provisions  alongside,  so  they  were  ordered  off  in  all  cases.  iSeochiif 
officer's  statement  regarding  the  men  who  rowed  tho  captain  on  shore.) 

I  never  prevented  the  men  who  went  ashore  with  tho  nuisters  of  vessels  from  land] 
ing  and  going  with  tho  masters  to  the  custom-house  if  they  wished,  nor  gave  instraej 
tions  to  prevent  them. 

I  idaced  two  watchmeu  on  board  this  vessel,  as  I  did  in  all  other  cases,  to  prevM| 
them  from  breaking  tlw)  law  in  any  respect  through  theni  .;ht,  and  they  were  taken  o 
in  the  morning  before  he  sailed. 

It  is  not  true  that  I  boarded  this  vessel  as  stated.  I  uever  spoke  to  him.  Tbei^ 
wore  two  other  American  seiners  in  at  the  same  ti;no  and  were  treated  in  tho  am 
way,  less  tho  watchmen,  which  were  not  required  in  their  case,  as  they  were  closet 
rao  and  I  could  see  what  was  douo  on  board  them  at  all  times  from  my  vessel.  Tlies 
ore  tho  facts. 

I  have,  eto.| 

Thomas  Quiglrt.I 


(Incloaore  17,] 

D^osition  of  Albert  Bennett. 

T,  Albert  Bennett,  late  first  officer  of  the  Dominion  cutter  Terror,  Captain  QiiiglcJ 
remuiuber  boarding  tho  American  seiner  Jennie  Seatvrn*,  of  Gloucester,  Uniied  StutiT 
at  the  port  of  Liverpool,  Nova  Sootia,  ou  the  28th  October  last  past;  boarded  bJ 


THE    FISHERIES    QUESTION. 


107 


estor,  being  dnlj 
lo  on  Hiy  passage  I 
and  a  heavy  sea 
for  shelter.    Ini- 
ley,  cf  Canadian 
iho  (mstom-hoHSf,! 
issioii  to  take  two  I 
must  not  Htep  on  I 
10  of  my  rolatiom 
9.    TbiH  privilege  I 
10  of  my  relatives! 
Bide  of  my  vessel 
ludown  ho  placed  I 
ht,  and  was  taken 

re  to  violate  tlienil 
and  treated  like  »j 
can  seaman,  andll 
I  Government  pro-| 

rosEPii  TurPKR. 
ruth  of  the  above] 

OM  Pausons, 
Notary  Public. 


January  10,  1887. 

If  Gloucester,  I  findl 

implaiiit,  at  Livetl 

nett  on  board  withl 

Id  not  do  auythiii 

Iructions  were  to  kT 

his  crew  and  boalj 

,  were  not  to  go  oil 

,)  go  on  shore,  as  m 

,ing  in  for  that  pui'J 

[shore. 

lud  was  not  allow» 

ihoro  w'.th  them, (J 

[leases.     ^Seechif^ 

Ishore. ) 

if  vessels  from  im 

id,  nor  gave  instruej 

(er  cases,  to  prcveuj 
]they  were  taken  0 

Ike  to  him.    Theij 
l-cated  in  thosam 
I  they  were  close 
,  ray  vessel.   Tbei 


-.  ilered  Captain  Tupper  to  report  to  the  customs  at  Liverpool  aforesaid,  which  he 
(lid,  taking  with  him  two  men  in  his  boat.  Never  told  Captain  Tupper  not  to  allow 
liJH  men  to  leave  his  boat  while  on  shore  ;  further,  Captain  Tupper,  to  the  best  of  my 
kiiowledgo  and  belief,  never  intimated  to  me  that  he  had  friends  or  relatives  that  he 
•.vislied  to  visit  in  Liverpool,  Nova  Scotia. 

iSeeint;  a  boat  alongside,  I  went  on  board  and  ordered  them  away.  Captain  Tup- 
per told  nie  ho  did  not  know  the  visitors,  and  furthf.r,  did  not  wish  them  on  board 
Iiif4  vessel, 

riirtlicr,  during  the  time  the  Jennie  Seaverns  was  in  the  harbor  of  Liverpool,  Nova 
Scotia,  Captain  Quigley  never  was  on  board  her,  I  boarding  her  and  carrying  out  his 
instructions  to  me. 

Albert  Bennett, 
Late  First  Officer  Cutler  Terror. 

Hopewell  Cape,  N.  B.,  January  14,  1887. 


No.  339., 


Sir  L.  8.  Sackville  West  to  Mr.  Bayard, 

Washington,  Maij  17, 1887.    (Received  May  18.) 

Sir  :  With  reference  to  my  note  of  the  25th  ultimo  and  to  your  reply 
of  the  7th  instant,  I  have  the  honor  to  inform  you  that  Her  Majesty's 
Government  intimate  that  the  intending  emigrants  are  not  paupers, 
but  crofters,  whose  passages  are  only  partly  paid  from  public  funds, 
aijd  that  Her  Majesty's  Government  would  be  glad  to  know  whether 
this  affects  in  any  way  the  tenor  of  your  above-mentioned  note. 
I  have,  etc., 

L.  S.  Sackville  West. 


No.  340. 


Mr.  Bayard  to  Sir  L.  S.  Saclcville  West. 

Department  of  State, 
Washington,  May  19, 1887. 

Sir  :  I  have  the  honor  to  acknowledge  the  receipt,  yesterday,  of  your 
note  of  the  17th  instant  in  response  to  ray  notes  of  the  11th  of  Novem- 
ber, 1st  December,  and  27th  of  January  last,  respecting  the  cases  of 
the  United  States  fishing  vessels  Mollie  Adams,  Laura  Sayward,  Jen- 
nie Seaccrns,  and  Sarah  II.  Prior. 
I  have,  etc., 

T.  F.  Bayard. 


llOMAS  QUIGLRT. 


r.  Captain  Qniglej 
jiter,  United  Sta't 
[past;  boarded N 


108 


THE   FISHERIES   QUESTION. 


No.  342. 


8ir  L.  8.  SacTcville  West  to  Mr.  Bayard, 


lii^"  I 


ia 


Washington,  July  18, 1887.    (Received  July  19.) 

SlE :  In  your  note  of  the  lltli  of  November  last,  inclosing  copies  of 
the  statements  with  affidavits  from  Captain  Medeo  Rose,  master  of  the 
schooner  Laura  Sayward,  of  Gloucester,  Mass.,  you  state  that  these 
papers  impressively  describe  the  "inhospitable"  and  "inhuman"  con- 
duct "  of  the  collector  of  the  port  of  Shclburne,  JTova  Scotia,  in  reibs 
ing  to  allow  Captain  Rose  to  buy  sufficient  food  for  himself  and  crew 
to  take  them  home,  besides  unnecessarily  retaining  his  papers,  and 
thus  preventing  him,  with  a  wholly  inadequate  supply  of  provisious, 
from  proceeding  on  his  voyage."  This  note,  I  observe,  appears  in  the  pa 
pers  relating  to  the  foreign  relations  of  the  United  States  transmitted 
to  Congress  with  the  President's  message,  1880  (No.  231,  page  41.M) 

I  have  now  the  honor  to  inform  you  that  I  am  instructed  by  the  IMai 
quis  of  Salisbury  to  communicate  to  you  the  inclosed  copy  of  a  dispatcli 
from  the  governor-general  of  Canada,  together  with  copy  of  an  approved 
minute  of  the  privy  council,  to  which  is  ai)pended  a  letter  from  the  col 
lector  of  customs  at  Shelburne,  inclosing  a  declaration  made  by  Captain 
Rose,  in  which  he  states  that  the  statements  made  by  him  in  the  atlidii 
vit  alluded  to  in  your  above-mentioned  note  are  all  untrue. 

In  communicating  these  papers  to  you  I  am  further  instructed  to  asl; 
whether  the  United  States  Government  have  any  observations  to  miiim 
thereupon. 

1  have,  etc., 

L.  S.  Sackville  West. 


"ii..' 


[iDOlOBIiro  1.] 

Colonial  office  to  foreign  office.    {Received  June  17.) 

Downing  Street,  June  17,  1687. 

Sir:  With  reference  to  the  letter  fro<u  this  department  of  the  97th  April,  relatin;! 
to  the  treatment  of  the  United  States  Ashing  vessels  Laura  Sayward  and  Jen ni/  Ski 
verns,  I  am  directed  by  Secretary  Sir  Henry  Holland  to  transmit  to  you,  to  be  laid  In- 
fore  the  Marqnis  of  Salisbury,  for  such  action  as  ho  may  thinlf  ])roper  to  take  upon  i(, 
a  copy  of  a  dispatch  from  the  govoruor-geueral  of  Canada,  with  an  affidavit  by  tbc 
master  of  the  Laura  Sayward. 
I  am,  etc., 

John  Kramston. 


THE    riHHEKIKS    QUESTION.  109 

[Inolosare  2.] 
The  Marquis  of  Lanadotone  to  Sir  IT,  Holland. 

Government  House,  Tokonto,  May  20, 1887. 

gin:  With  roforonco  to  previous  correspondence  on  the  subject  of  the  alleged  ill- 
tnatiin'iit  of  the  United  States  lishinj?  vessel,  Laura  JSaiiward  and  Jennie  Seaverm,  and. 
with  I'spccial  ri)t'eronce  to  the  atlidavit  purporting  to  have  been  sworn  to  by  Capt. 
Medeo  Koso,  cf  the  first-named  vessel,  copy  of  which  formed  an  inclosuro  in  Mr.  Stan- 
liope'.s  dispatch  of  the  IGth  December  last,  I  have  the  honor  to  forward  herewith  a 
certKicd  copy  of  an  approved  minute  of  my  privy  council,  to  which  is  appended  a  letter 
from  the  collector  of  customs  at  Shelburne,  inclosing  a  declaration  made  by  Captain 
liosi',  in  which  he  states  that  the  statomeuts  alleged  to  have  been  made  by  him  in  thab 
alliiluvit  '-are  all  untrue." 
1  have,  etc., 

LAN8D0WMB. 


[Inolosaro  3.] 

Ee^ortof  a  committee  of  the  honorahle  the  privji  council  for  Canada,  approved  htj  Ma  ec- 
cellency  the  governor- general  in  council  on  May  16, 1887. 

On  a  report  dated  tho  10th  May,  1887,  from  the  minister  of  marine,  and  fisheries, 
1  snbraitting,  with  reference  to  his  report,  approved  in  council  on  the  2'id  March  last,  as 
to  tlio  alleged  ill-treatment  of  tho  United  States  fishing  vessels  Laura  SayivardauH  Jen- 
\mScavcrns,  and  to  the  affidavit  of  Capt.  Medeo  Koae,  of  the  first-named  vessel,  the 
[copy  of  a  letter  from  tho  collector  of  customs  at  Shelburne,  Nova  Scotia,  dated  tho 
1 20th  ultimo,  together  with  an  affidavit  from  Captain  Rose,  herewith,  in  which  it  will 
lo  observed  that  he  not  only  bears  testimony  to  tho  generous  treatment  that  had 
ken  extended  to  him  when  at  tho  port  of  Shelbnrne  on  previous  occasions,  but  also 
I  dcclinos  that  tho  statements  made  in  the  affidavit  of  tho  15th  October  last,  purport- 
ing to  bo  sworn  to  by  him,  and  which  affidavit  formed  tho  basis  of  a  dispatch  from  Mr. 
Bayard,  the  United  States  Secretary  of  State,  protesting  against  tho  inhuman  and  ia- 
Lospitable  conduct  of  tlie  collector  of  customs  at  Shelburne,  Nova  Scotia,  to  use  Cap- 
taiu  Rose's  own  words,  "are  all  untrue." 

Tho  committee  recommend  that  your  excellency  be  moved  to  forward  a  copy  of 
this  minute,  together  with  copies  of  the  papers  mentioned,  to  the  right  honorable  the 
iBCcretary  of  state  for  the  colonics. 
All  which  is  respectfully  submitted  for  your  excellency's  approval. 

John  J.  McGee, 
Cltrh  I'rivy  Council,  Canada, 


riLLK  WEST. 


llncIoBnre  4.] 
Mr.  Atwood  to  commissioner  of  customs,  Ottawa. 

CusTOM-HousE.  Shelburne,  April  20, 1887. 

i?iR :  With  reference  to  my  letter  of  the  5th  January  last  and  a  statement  made  by 
iMcdeo  Rose,  of  schooner  Laura  Saytcard,  a  copy  of  which  was  sent  mefrom  your  de- 
Ipartment  for  my  report  thereon,  I  beg  to  state  that  Captain  Rose,  with  his  vessel,  is 
Inow  lying  oflf  Sandy  Point.  He  reported  and  obtained  clearance  yesterday  on  board 
IDominion  cutter  Triumph.  On  being  questioned  by  Captain  Lorway  relative  to  the 
Istatement  made  in  October  last,  ho  said  much  of  it  was  untrue,  and  denied  having 
Iniado  it.  Inclosed  please  find  a  statement  signed  by  Captain  Rose  in  my  presence  at 
ISandy  Point,  sworn  to  and  witnessed  by  Capt.  John  Pumejr,  justice  of  the  peace. 
iHe  made  no  objection  at  all  to  signing  it,  and  admits  that  this  statement  is  true  iu 
^very  particular.  Will  you  kindly  have  it  forwarded  to  John  Tilton,  esq.,  deputy 
linistcr  of  fisheries  f 

I  am,  eto.|  i 

W.  W.  Atwood, 

Collector. 


Ihn  Bramston. 


{.111'! 

hi' 


110  THE   riSHERlES   QUESTION. 

>       [Inclosure  5.] 
Declaration  of  the  captain  of  the  Laura  Sayicard. 

.1,  Medco  Rose,  uiaHtcr  of  tbo  Hcliooner  Laura  Sayuard,  of  GlouceBtor,  do  Holoiiiuly 
•Icclaro  iind  say  thafc  on  tlio  (ith  October  luHfc  I  iirrivcd  at  tlio  port  of  iStiollMirno,  Novii 
Scotia,  and  rojiortod  my  voHsel  tit  tlio  custom-lioiise  some  time  after  4  p.  ui. 

Stated  to  the  colleetor  that  I  wi^i  from  Western  Banks,  bound  home,  and  recjuiiwl 
provisions,  as  follows,  viz  :  7  pounds  of  sugar,  '.i  pounds  of  c(vft'eo,  I  bushel  of  pota- 
toes, 2  pounds  of  butter,  and  to  lilt  water.  This' was  all.  The  collector  told  mo  to 
lill  the  water,  but  as  there  was  no  provision  made  in  the  tieaty  for  the  purchasi*  of 
supplies  or  stores,  ho  would  telegraph  the  department  at  Ottawa  at  once;  that  im 
doubt  they  would  bo  allowed ;  and  1  consented  to  wait  until  the  next  morning  for  u 
reply. 

i  called  at  the  customhouse  early  the  next  morning,  before  7  o'clock ;  stated  that, 
as  the  wind  was  fair  and  blowing  a  strong  breeze,  I  would  not  wait  for  a  reply  to  to) 
egram,  but  take  a  clearance,  which  th'3  collector  gave  me.  I  was  treated  kindFy,  al- 
lowed to  enter  my  vessel  after  customs  hours,  and  a  clearance  grunted  me  next  morn- 
ing before  the  oHice  was  supposed  to  l)e  opened.  I  was  at  the  port  again  in  Novemhor, 
on  my  way  to  the  banks,  aud  the  colleetor  allowed  me  to  report  my  vessel  inwards 
and  outwards  and  gave  me  a  clearance  at  8  in  the  evening. 

The  statements  purporting  to  have  been  made  by  me  to  the  effect  that  the  collector 
refused  to  give  me  my  pajierswhen  I  asked  for  them,  also  that  this  treatun-nt  towards 
mo  was  harsh  and  cruel,  driving  myself  and  crew  to  sea,  having  but  little  Hour  and 
water,  etc.,  arc  all  untrue. 

And  I  make  this  solemn  declaration  conscientiously  believing  the  same  to  ho  true, 
and  by  virtue  of  an  act  of  Parliament  entitled  "An  act  for  the  supi)rc8Sion  of  voluu- 
tary  and  extrajudicial  oaths." 

Medko  Rose. 

Taken  and  declared  hefore  me,  at  Sandy  Point,  this  20th  day  of  April,  A.  D.  1H87. 

John  Pukney, 
'  Justice  cif  the  Peace. 


No.  344. 


'..■"<    '    /'I  .      Mr.  Bayard  to  Sir  L.  S.  Sachville  West. 

Department  of  State, 

Washington,  July  19, 1887. 

Sir:  I  have  the  houor  to  acknowledge  your  note,  dated  yesterday  and 
received  to-day,  inclosing  a  copy  of  the  declaration  of  Captain  Medeo 
Eose,  master  of  the  schooner  Laura  Say  ward,  of  Gloucester,  Mass.,  made 
on  April  12  last,  at  Sandy  Point,  before  a  justice  of  peace,  apparently  iu 
contradiction  of  the  stjitement  made  by  the  same  party  under  oath  on 
October  13  last. 

This  document  will  be  instantly  made  the  subject  of  investigation,  aud 
the  observations  of  this  Government  thereon,  as  suggested  by  your  note, 
will  be  communicated  to  you  as  soon  as  information  on  the  matter  shall 
have  been  received  from  the  collector  of  customs  at  Gloucester,  through 
whom  the  original  afiidavits  of  Captain  Eose  were  forwarded  to  this 
Department. 

Accept,  etc.,  T.  F.  Bayard. 


No.  352. 

Mr.  Bayard  to  Sir  L.  S.  SackviUe  West. 

Department  of  State, 

Washington,  October  31, 1887. 

Sir  :  On  the  19th  of  July  last  I  had  the  honor  to  receive  from  you  a 
letter,  dated  the  day  previous,  inclosing  a  printed  copy  of  a  declara- 
tion made  by  Medeo  Eose,  formerly  master  of  the  schooner  Laura  Say-, 


THE    FISHERIKS    QUESTION. 


Ill 


mrd,  of  Gloucester,  Mass.,  in  which  ho  coiitroverta  certain  statements 
theretofore  made  by  him  under  oath,  in  relation  to  his  treatment  by 
Mr.  Atwood,  collector  of  customs  at  Shelburne,  Nova  Scotia,  on  the 
13rh  of  October. 

Upon  receiving  your  letter  I  at  once  commuiiicated  its  contents  to 
tliecolioctor  of  the  port  of  (iloucester,  Mass.,  through  whom  the  origi- 
nal coiiiplaine  had  been  forwarded  to  this  Department. 

To-day,  for  the  iirst  time,  1  was  informed  that  on  the  5th  of  August 
last  a  reply  and  sworn  statement,  by  way  of  explanation  of  this  vari- 
ance between  his  atlidavit  of  October  13,  188C,  and  liis  subsequent  dec- 
laration at  Sandy  Point,  Nova  Scotia,  dated  April  20,  1887,  had  been 
ill  my  absence  received  at  this  Department,  and  by  inadvertence  not 
laid  before  me  until  to-day. 

I  tliereforo  now  inclose  a  copy  of  the  affidavits  of  Captain  Rose  and 

Augustus  Hogers,  made  at  Glouf^Bster,  Mass.,  on  August  3  last,  before 

I  a  notary  public,  by  which  it  appears  that  his  declaration  of  April  20, 

l,SS7^vas  not,  voluntary,  but  was  obtained  from  him  by  the  collector,  At- 

j  woort  through  fear  and  intimidation,  under  circumstances  fully  stated. 

I  should  transmit  the  documents  without  further  comment,  but  that, 

I  ill  closing  your  note  to  me  of  July  18  last,  you  stated  that  you  were 

Itaitlier  "instructed   to  ask  whether  the  United  States  Government 

lave  any  observations  to  make  thereui)on." 

In  my  rc[)(y  to  you  on  the  19th  of  July,  I  promised  to  comply  with 
I  Your  request,  and  for  that  reason  I  now  remark  that  the  incident  which 
liiiis  been  the  subject  of  this  correspondence  affords  but  another  illus- 
Itiation  and  additional  evidence,  if  any  were  needed,  of  the  unwisdom  of 
liiii|)eriling  the  friendly  relations  of  two  kindred  and  neighboring  couu- 
itrics  by  intrusting  the  interpretation  and  execution  of  a  treaty  between 
llbein  to  the  discretion  of  local  and  petty  officials,  and  vesting  in  them 
||)o\vers  of  administration  wholly  unwarranted  and  naturally  prolific  of 
jtlic  irritations  which  wise  and  responsible  rulers  will  always  seek  to 
liivoid. 

On  the  eve  of  a  negotiation  touching  closely  the  honor  and  interests 

lof  tno  great  nations,  I  venture  to  express  the  hope  that  the  anticipated 

licsult  of  our  joint  endeavors  to  harmonize  all  differences  may  render  it 

jlicieafter  impossible  to  create  a  necessity  for  those  representing  our  re- 

f^liective  Governments  to  be  called  upon  to  consider  such  questions  as 

iiio  presented  in  the  case  of  the  Laura  Say  ward. 

I        I  have,  etc., 

T.  F.  Bayabd. 


[Inclosure.] 
Affidavits  of  Capt.  Meieo  Hose  and  Aiiguatus  Rogers. 

I,  Mcdeo  Rose,  of  Gloucester,  being  under  oath,  do  depose  and  say,  that  I  was 

iiiwter  of  the  schooner  Laura  Sanicard  during  the  year  Ic^dG,  and  that  J  am  now  mas- 

|erof  the  schooner  Gleaner  of  Gloucester. 
On  April  18,  1887,  I  went  into  the  lower  harbor  of  Shelburne,  Nova  Scotia,  in  said 

khoouer  Gleaner  for  shelter  and  water. 

[On  the  morning  of  April  19,  Mr.  Atwood,  the  collector  of  customs,  with  two  men 

fearing  badges,  which  I  supposed  were  Government  badges,  came  on  board.     Their 
eariince  filled  me  with  fear,  for  I  felt  some  trouble  must  bo  in  store  for  me  when 

follector  Atwood  would  leave  his  office  and  come  so  far  (about  4  miles)  to  board  my 
1.  I  invited  him  into  the  cabin,  where  he  showed  me  a  copy  of  my  statement  of 
Ictober  13,  1886,  in  regard  to  the  treatment  I  received  from  him  when  in  schooner 
'ma  Sayiiard  (October  5, 188(5),  and  asked  nje  if  I  made  that  statement.  I  told  him  I 
li.   Well,  Hiiid  he,  everything  in  that  statement  is  false.     I  told  him  my  statement 

lutiue.    He  then  produced  a  prepared  written  statement,  which  he  read  to  me,  which 


112 


THE   FISHERIES   QUESTION. 


§;■ 


s'Ji. 


Htated  that  my  statement  of  October  i;j  was  uiitruo,  and  told  inn  I  innst  tro  on  Hlioro 
and  sign  it.  Ueiug  ncrvoiw  and  frigbtcnod,  and  Ceaiiii^r  troiiltln  if  I  refnsod,  1  wont 
on  Bboro  with  bini,  to  tho  storo  of  Mr.  Purnoy,  and  before  Mr.  I'nrney  Hi{?ne(l  and 
swore  to  tbe  statement. 

On  tbo  afternoon  of  tlio  samo  day,  realizinff  tho  wron}>;  I  bad  done,  I  hired  a  team 
and,  with  one  of  my  erew  ( AujjMstnH  IloKers),  went  to  the  custom-house  and  asked  Col- 
lector Atwood  to  read  to  nio  the  Htateinent  I  had  signed.  He  did  so,  and  I  again  told 
him  it  was  wrong  and  that  my  lirst  statement  was  trne. 

Ho  said  I  did  not  ask  for  all  the  articles  mentioned  in  my  tirst  Htatomeut;  that  lie 
did  not  rofnse  mo  my  paper,  and  also  that  that  statement  mijibt  bo  tbo  cause  of  his 
removal  from  his  ollico.  I  told  him  I  did  not  want  to  injure  liini,  and  I  did  not  want 
to  make  myself  out  n  liar  at  Washington. 

About  tho  ;Jd  day  of  Juno  last  I  went  into  Shelburno  again  solely  to  get  a  copy  of 
tho  last  statement.  I  went  to  tho  cnstoni-bon.se,  taking  the  same  man  (Angustus 
Eogors)  with  mo,  and  asked  Collector  Atwood  for  a  copy  of  the  statement. 

He  refused  to  give  it  to  me,  and  said  my  lawyers  had  been  advising  me  what  to  do 
and  that  I  ncod  never  expect  a  favor  from  him. 

The  above  is  a  true  statement  of  tho  case.  The  statement  obtained  from  mo  by  Col- 
lector Atwood  was  obtained  through  my  fear  of  seizure  if  I  refused. 

Medko  Rose. 


I,  Angnstns  Rogors,ono  of  tho  crow  of  schooner  Gleaner,  being  dnly  sworn ,  do  depose 
and  say,  that  I  went  with  Capt.  Medeo  Rose  to  the  custom-house  at  Shelburno,  Novii 
Scotia,  on  the  19th  day  of  April  last,  and  also  on  the  :id  ilay  of  June.  I  heard  hin 
conversation  with  Collector  Atwood  on  both  o(!casions,  and  hereby  certify  that  tbo 
statements  of  those  interviews,  as  made  above,  are  correct  and  true. 

Augustus  Rogers. 

Mass., EssKX,  as; 

Personally  appeared  Medeo  Rose  and  Augustus  Rogers,  and  made  oath  to  tho  trutb 
of  tho  above  statements  before  me. 

[SBAL.]  Aaron  Parsons, 

Notari/  Fublio. 

August  3, 1887. 


[Incloanre  No.  1  to  No.  659  6i«.  ]       ,      .  ;^  ■ 

Mr.  Bayard  to  Sir  Charles  Tiipjyer. 

[Personal  and  unofficial-] 

Washington,  D.  C,  May  31,  1887. 
My  Deau  Siu  Chahles: 

The  delay  in  writing  you  has  been  unavoidable. 

In  tbo  very  short  interview  afforded  by  your  visit  1  referred  to  the  embarrassment  I 
arising  out  of  the  gradual  emancipation  of  Canada  from  tho  control  of  the  mother  | 
country,  and  tho  consequent  assumptioii  by  that  comuHiuiiy  of  attributes  of  autono- 
mous and  separate  sovereignty,  not,  however,  distinct  from  tho  Empire  of  Great  | 
Britain. 

The  awk wardiHJss  of  this  impcufectly-developed  sovereignty  is  felt  most  strongly  by  I 
the  United  States,  which  can  not  have  formal  treaty  relations  with  Canada,  except 
indirectly  and  as  a  colonial  <lcpendency  of  the  British  Crown,  atid  nothing  could 
better  illustrate  the  embarrassment  arising  from  this  amorphous  condition  of  things 
than  the  volumes  of  correspondence  published  severally  this  year,  relating  to  the  | 
fisheries,  by  the  United  States,  Great  Britain,  and  the  Government  of  the  Dominion.  | 

The  time  lost  in  this  circumlocution,  although  often  most  regrettiible,  was  the  least 
part  of  tho  difficulty,  and  the  indirectness  of  appeal  and  reply  was  the  most  serious  [ 
feature,  ending,  as  it  did,  very  unsatisfactorily. 

It  is  evident  that  the  commercial  intercourse  between  the  inhabitants  of  Canada  I 
and  those  of  the  United  States  has  grown  into  too  vast  proportions  to  be  exposed 
much  longer  to  this  wordy  triangular  dnel,  and  more  direct  and  responsible  methods  | 
should  be  resorted  to. 

Your  own  able,  earnest,  and  patriot* 'i  services  in  the  Government  and  Parliament  I 
of  the  Dominion  aro  well  known,  and  afford  ample  proof  of  your  comprehension  of  tbe  | 
resources,  rapidly-increasing  interests,  and  needs  of  British  North  America. 

On  the  other  hand,  I  believe  I  am  animated  by  an  equal  desire  to  serve  my  own  | 
country,  and  trust  to  do  it  worthily. 

The  immediate  difllculty  to  be  settled  is  found  in  the  treaty  of  1818  between  tbe  | 
United  States  and  Great  Britain,  which  has  been  queaiio  vexata  ever  since  it  was  con- 


THE    FISHEKIES   QUESTION. 


113 


ist  CO  on  Bhore 
refii80<l,  1  wimt 
aey  siguod  und 

I  liirod  a  tc.iin 
!  mid  askt'd  Col- 
Hid  I  again  told 

toraeut ;  that  lie 
bo  cause  of  his 

I I  did  not  want 

o  got  a  copy  of 

mail  (Augustua 

mout. 

5  1110  what  to  do 

from  mo  by  Col- 

Medeo  Rosu. 

swora ,  do  depose 

Slielburuo,  Novu 

nil?,    I  beartl  liiit 

cortify  tbat  the 

jsTus  Rogers. 

oath  to  tbo  truth 

t  Parsons, 
I^-otary  rublio. 


May  31,  1887. 


he  embarrassment  I 
fol  of  tlie  mother  | 
Hbutes  of  antono- 
|Empiro  of  Great  I 

J  most  strongly  by  I 
li  Canada,  except 
Id  nothing  could 
lidition  of  things 
],  reUiting  to  the  ] 
i>f  tho  Dominion. 
Iblo,  was  the  least  I 
Ithe  most  serions 

Itauts  of  Canada 
la  to  be  exposed 
Wnsible  methods 

I  and  Parliament 

ttreheusion  of  the  | 

Imerica. 

Ito  serve  my  own  I 

Ibis  between  the 
aince  it  was  con- 


cluded, and  to-day  is  suffered  to  interfere  with  and  seriously  embarrass  tho  good  nn- 
diMHliuidiiig  of  both  countries  in  the  important  commercial  rt;Iations  and  interests 
which  liavo  come  into  being  since  its  ratilicatiou,  and  for  tho  adjustment  of  which  it 
is  wliolly  inadequate,  as  has  been  unhappily  proved  by  the  events  of  tho  past  two 
yearn. 

I  am  coiifidont  wo  both  seek  to  attain  a  just  and  pormanent  sottlement,  and  there 
if)  but  one  way  to  procure  it,  and  that  is  by  a  straightforward  treatment  on  a  liberal 
ivnd  utatcsmau-like  plan  of  the  entire  commercial  relations  of  tho  two  countries. 

I  Bay  commtTcial,  because  I  do  not  propose  to  include,  however  indirectly,  or  by  any 
intendment,  however  partial  or  oblique,  tho  political  relations  of  Canada  and  tho 
United  States,  nor  to  artect  tho  legislative  independence  of  either  country. 

Wiieii  you  were  here  I  was  prepared  to  send  my  reply  to  tho  "  Observations"  ujiou 
my  projxiHiil  for  a  settlement  (of  November  15  last),  which  were  communicated  to  Mr. 
rh(l|is  l)y  Lord  Salisbury  on  March  24,  and  also  to  express  my  views  of  his  lordship's 
alternative  proposition. 

Your  visit  and  invitation  to  negotiate  here  was  entirely  welcome,  and  of, this  I 
endeavored  to  impress  you. 

Conversation  with  tho  President  has  confirmed  these  views,  and  now  it  remains  to 
give  them  practical  effect. 

°  Great  Britain  being  the  only  *reaty-making  party  to  deal  with  the  United  States, 
the  envoys  of  that  Government  .Jone  are  authorized  to  speak  in  her  behalf  and  create 
liir  obligations. 

I  presume  you  will  be  personally  constituted  a  plenipotentiary  of  Great  Britain  to 
arrange  here,  with  whomsoever  may  be  selected  to  represent  the  United  States,  terms 
of  arrangement  for  a  modus  vivendi  to  meet  present  emergencies  and  also  a  permanent 
la'i  to  avoid  all  future  disputes. 

It  aiipears  to  mo  that  as  matters  now  stand  the  colony  of  Newfoundland  ought  to 

I  lie  represented  and  included,  for  a  single  arrangement  should  suttlco  to  regulate  all 

tbe  joint  and  several  interests  involved.    I  should,  therefore,  be  informed  speedily 

I  through  the  proper  channel  as  to  the  authorization  and  appointment  by  the  Imperial 

I  Government  of  such  representatives. 

Till!  gravity  of  tho  present  condition  of  affairs  between  our  two  countries  demands 
I  entire  Iniukuess. 

U'eil  we  stand  at  "the  parting  of  tho  ways."    In  one  direction  I  can  see  a  woll- 
I  assured,  steady,  healthful  relationship,  devoid  of  petty  jealousies,  and  filled  with  the 
fruits  of  a  prosperity  arising  out  of  a  friendship  cemented  by  mutual  interests  and 
luduring  because  based  upou  justice;  on  tho  other,  a  career  of  embittered  rivalries, 
staining  our  long  frontier  with  tho  hues  of  hostility,  in  which  victory  means  the  de- 
struction of  an  adjacent  prosperity  without  gain  to  the  prevalent  party — a  mutual 
hdiysical  and  moral  deterioration  which  ought  to  be  abhorrent  to  patriots  on  both 
sides,  and  wliich  I  jim  sure  no  two  men  will  exert  themselves  more  to  prevent  than 
[the parties  to  this  unoiHcial  correspondence. 

As  an  intelligent  observer  of  the  current  of  popular  sentiment  in  the  United  States, 
I  you  can  not  have  failed  to  note  that  the  disputed  interprertation  of  the  treaty  of  1818, 
[and  tho  action  of  tho  Canadian  officials  towards  American  lishing  vessels  during  tho 
[last  season,  has  awakened  a  great  deal  of  feeling. 

It  behooves  those  who  are  charged  with  the  safe  conduct  of  the  honor  and  interests 
I uf  the  respective  countries  by  every  means  in  their  power  sedulously  to  remove  all 
I  causes  of  ditt'erence. 

Tho  roundabout  manner  in  which  tho  correspondence  on  the  fisheries  has  been 
[necessarily  (perhaps)  conducted  has  brought  us  into  tho  new  fishing  season,  and  tho 
Iperiod  of  possible  friction  is  at  hand,  and  this  admonishes  us  that  prompt  action  is 
I  needed. 

I  am  prepared,  therefore^  to  meet  the  anthorized  agents  of  Great  Britain  at  this 
leaf  Ital  at  tho  earliest  possible  day,  and  enter  upon  negotiations  for  a  settlement  of 
|all  difl'crences. 

The  magnitude  of  tho  interests  involved,  and  tho  far-reaching  and  disastrous  con- 
Iseqnences  of  any  irritating  and  unfriendly  action,  will,  I  trust,  present  thcnuiclvcs 
Itdtlioso  in  whoso  jurisdiction  the  fisheries  lie,  and  cause  a  wise  abstention  from  vex- 
ptious  enforcement  of  disputed  powers. 


Awaiting  your  reply,  I  am,  very  truly,  yours, 

Sir  Charles  Tupper,  etc., 

Ottawa,  Canada, 

S.  Ex.  113 8 


T.  F.  Bayard. 


114  THE   FISHERIES   QUESTION. 

[InoloAiiro  No.  2  to  No.  e.')0  bU.] 

Sir  Charles  Tuppcr  to  Mr.  Bayard. 

[I'orRoniil  mid  iiiioflloial.l 

OrrAWA,  June       ,  1887.    (UeooiveU  June  10,  2  p.  m.) 
My  dkak  Mk.  Bayaku: 

I  liiid  grout/  ]>lcainiro  in  rt'cciving  your  lottor  of  May  3Ist.,  oviiicing  hh  it  (loos  tlie  ini| 
]ii>rbtuiuo  which  yiiii  uttuch  to  un  uiiiiealiht  iidJuHtinoiit  of  thu  fmhoricH  <|iii^Hti(>n,  uni|| 
the  iiiiiiiitonaiKui  of  tho  cordial  CDiiiincrcMiil  ndctiouH  hotwcun  tho  Uiiitod  States  aiij| 
Canada  iinthu'  whidi  hiicIi  vast  and  inntiially  liiniuticial  liavo  grown  up. 

1  ontiroly  concur  in  yonr  Htatcniont  tliat  ''  Wo  both  m'nk  to  attain  a  jnst  and  porma  i 
nont  Hctthiinimt,  and  that  thuro  is  l)nt  one  way  to  procurn  it,  andtlut  m  liy  astrai^litJ 
forward  treatment,  on  a  liberal  uud  Htatcsuiau-liko  plan,  of  tho  outiro  coninuorciul  rc'| 
hitions  of  tho  two  countrios." 

I  note  jiartitMilarly  yonr  HUggcstions  that  as  tho  interests  of  Canada  are  so  iniint'dii 
atoly  concerned,  Ilor  MiiJcHty's  Oovernincnt  should  be  invited  to  depnte  a  Caiiiuiiaol 
statesman  to  negot  iato  witli  yon  "  a  modiiH vireiidi  to  mc(!t  jiresent  oniorgoncioK  and  ulsol 
a  i)ormanont  ])lan  to  avoid  all  dis|lutes,"  and  I  feel  no  doubt  that  a  negotiation  tliusi 
undertaken  would  greatly  increase  tho  prospects  of  a  satisfactory  solution. 

I  say  this,  not  becanso  I  believo  that  there  has  been  any  disposiiion  on  the  partofl 
tho  British  Government  to  postpone  Canadian  interests  to  its  own,  or  to  retard  by  ncod-l 
less  delay  a  settlement  desired  by  and  advantageous  to  tho  people  of  Canada  aiulofl 
tho  United  States,  but  be(^ause  I  have  no  tloubt  that  direct  personal  commuuicatiunJ 
will  save  valuabhs  time  and  render  each  side  bettor  able  to  comprehend  tho  needs  amlj 
tho  position  of  tho  other. 

I  am  greatly  llatterod  by  your  kind  personal  allnifion  to  myself. 

Tho  selection  of  tho  persons  who  might  bo  deputed  to  act  as  commissiouors  would] 
liowovor,  as  you  are  aware,  rest  with  Her  Mnjesty's  Governmont. 

Our  exporienco  has  been  to  tho  oti'ect  that  tho  selection  has  in  such  cases,  as  ftir  as  ill 
concerned  tho  choice  of  tho  representatives  of  tho  Dominion,  boon  made  with  carei'ul| 
regard  to  public  fooling  in  this  country. 

I  have  thought  it  luy  duly  and  also  tho  most  offoctnal  manner  of  giving  effect  to  yonij 
suggestion,  to  make  known  to  Lord  Lansdowne  tho  purport  of  my  correflpondenco  wiibl 
yoii.  Ho  is  strongly  desirous  of  facilitating  a  settlement  and  will  at  once  bring  the| 
matter  before  tho  secretary  of  state  with  an  expression  of  his  hope  that  no  time  wil 
bo  lost  in  taking  stops  for  establishing,  by  moans  of  personal  comnmnicatious  wilhl 
.your  Government,  a  modus  viveudi  sucli  as  yon  have  despribod,  and  also  for  arriviugl 
at  an  understanding  in  regard  to  a  lasting  adjustment  of  our  commercial  relations. 

In  the  earnest  hope  that  your  proposal  for  the  sottlomont  of  this  vexed  question  uiay| 
result  at  an  early  day  in  a  solution  satisfactory  and  beneficial  to  both  countries, 
I  remain,  yours  faithfully, 

CnARLKS  TUPPER. 


No.  2. 


Mr.  Bayard  to  Mr.  Phelps. 


No.  659  bis.]  Department  op  State, 

Washington,  July  12, 1887. 

SlE :  On  March  24tb  last  the  Marquis  of  Salisbury  inado  reply  toj 
your  note  to  him  of  December  3, 1886,  and  commuuicated  the  views  off 
the  Canadian  Government  upon  the  ad  interim  arrangement  propc 
by  the  Government  of  the  United  States,  under  date  of  the  15th  ofj 
November  preceding,  for  the  settlement  of  the  fishery  disputes. 

This  reply  of  his  lordship  and  the  "observations"  of  tbe  Canadianl 
authorities  upon  the  proposal  for  an  arrangement  were  conveyed  in  Mrl 
White's  dispatch  of  March  30,  and  received  at  this  Department  Aprilj 
11th  last,  when  it  had  my  immediate  consideration. 

An  answer  was  prepared  forthwith  to  the  note  of  his  lordship  as  vrelll 
as  to  the  "observations,"  and  for  your  information  I  now  inclose  twoj 


THE   FISHERIES   QUESTION. 


116 


mo  10,  2  p.  m.) 


ntiHHionei'8  would 


[ABLE8  TUPPKR. 


cojm's  tliorcof,  which  for  couveuionco  and  intelligibility  have  beon 
niiiitcd  as  a  third  parallel  column  to  tho  original  proposal  and  the  Cua- 
adiaii  "observations." 

Tills  (hxHUMcnt  would  have  gone  forward  to  you  in  eontinuanceof  the 
iic<j()tiation  so  eommenced  between  yourself  and  the  Jiritish  foreign 
ollico,  but  I  was  in<lireetly  made  aware  that  the  <  /ana<lian  ( Jovernment,  to 
whom,  i\  it  appears,  all  communications  tVom  this  Government  to  that 
ot'Cireat  i'.ritain,  touching  the  mattt'rs  under  con:^<ideration  between  the 
two  (lovirnmonts  in  relation  to  the  fishery  (piestion  under  the  treaty  of 
1818  had  been  invariably  submitted  before  reply,  souf?ht  to  make  an  in- 
Ibrinal  communication  to  this  Department  on  the  Hul)je(;t. 

Tims  informed,  and  desiring  to  lend  every  aid  in  my  i)ower  at  this 
jiuic-tiu'e  toward  a  practical  settlejuent  of  serious  aiul  long  standing  dif- 
llciilties,  I  delayed  my  response  to  Mr.  White's  dispatch  of  March  30, 
uiiil  on  May  21  Sir  Charles  Tupper,  the  Canadian  minister  of  finance, 
civlled  upon  me  at  this  departmenf .  introduced  by  the  IJritish  minister 
at  this  capital. 

Tiie  object  of  this  visit  was  to  discuss  informally  the  ]>resent  condi- 
tion and  i)rospect8  of  conunercial  relations  between  the  United  States 
iiiid  the  Dominion  of  Canada,  especially  in  connection  with  the  fish- 
erics  and  the  commercial  questions  involved. 

The  visit  here  of  Sir  CharUw  Tupper,  on  behalf  of  tho  Canadian 
(lovenunent,  was  received  with  cordiality,  and  expressions  were  ox- 
clianged  of  a  mutual  desire  for  the  settlement  of  all  existing  diflicul- 
ties,  and  for  au  increased  freedom  of  cc^nmercial  intercourse  between 
tlie  United  States  and  Canada. 

In  consequence  of  the  statements  made  by  Sir  Charles  Tupper  on  tho 
occasion  referred  to,  I  wrote  him  a  i)ersonal  and  unoflicial  letter  on  tho 
31st  of  May,  and  received  on  June  10th  his  reply,  and  copies  of  this 
correspondence  were  duly  sent  to  you. 

Yesterday  Sir  Lionel  West  handed  m 
following  copy  of  a  telegram  to  him  from  Lord  Salisbury : 

If  Secretary  of  State  will  formally  pro^poHO  tlio  ii[)poiiitinont.of  cniiiiiiiHsion  as  sug- 
jrested  by  him  iu  his  corrcspoudenco  with  Sir  Charles  Tapper,  ller  Maj  >sty's  Govoru- 
ment  will  agree  with  great  ploasnro. 

Salisbuky. 

and  I  have  just  telegrai)hed  you  to  the  following  effect: 

Phelps,  Mmister,  London: 

Sir  Lionel  West  handed  to  mo  yesterday  telegram  from  Lord  Salisbury  agreeing  to 
the  uogotiation  suggested  by  me  informally  iu  correspondence  with  Sir  Charles  Tupr 
per,  alter  his  visit  to  this  capital,  and  requestiug  mo  to  make  fornnil  proposal,  which 
will  bo  forwarded  to  you  at  ouce. 

Bayaud. 

By  reference  to  my  personal  letter  to  you  of  May  31,  which  inclosed 
acopy  of  my  letter  to  Sir  Charles  Tupper  of  that  date,  you  will  perceive 
tliatldid  not  propose  the  appointment  of  a  "commission,"  but  used 
I  the  following  language  in  reference  to  the  proposed  negotiation : 

Your  visit  and  invitation  to  negotiate  here  was  entirely  welcome,  and  of  this  I 
I  endeavored  to  impress  yon. 

Conversation  with  tho  President  has  confirmed  these  views,  and  now  it  remains  to 
I  give  them  practical  eft'ect. 

Great  Britain  being  the  only  treaty-making  party  to  deal  with  tho  LTnited  States, 
the  envoys  of  that  Government  alone  are  authorized  to  speak  iu  her  behalf  and  create 
I  her  obligations. 

I  presume  you  will  be  personally  constituted  a  plenipotentiary  of  Great  Britain  to 
[arrange  here,  with  whomsover  may  bo  selected  to  represent  the  United  States,  terms 


and  without  comment,  the 


'     I ''id 


lU) 


THE    FISHERIES   QUESTION. 


[It. 


I,  .» 


IV'iJ 


of  arriuiRoiiittnt.  tor  n  motluH  rivendi  to  moot  proHont  omorKoncioH,  itiid  uIho  a  p<friiiuii('iit 
Itltm  to  avoid  all  i'litiiro  (liH|iuto8. 

It  )i|i]i<'ai-N  to  iiio  tliat  aH  iiuitttuH  now  Htaiid  the  colotiyof  Nowl(iiiiidlaiuloiiKlitl(ilk' 
ro^iroHoiitod  and  iiicliidod,  tor  a  Hiii^lu  arrangomoiit  slioiild  tiullico  to  ro(riilato  all  tbe 
joint  and  Novoral  intoroHts  involv4'd. 

I  should,  tlioroloro, !)»»  int'orniod  Hpoodily,  through  tlio  i)roi>or  oininnol,  an  to  tlio  nil- 
tliori/ation  and  a|i|ioinlniont  hy  tlui  Iniporial  (jtovoriwnrnt  of  nih;Ii  ruitroMontativuH, 
•  »  •  >  »  »  • 

I  am  pioparod,  thorofoio,  to  mi*ot  tho  anthorizt-d  a;;onts  of  (it-oat  Hri tain  at  lim  I 
capital  at  tlio  oarlioNt  puHHiblo  day,  and  outor  npun  nogotlationH  tor  a  Hottloniont  of  | 
all  dilt'oronccM. 

By  reason  of  the  action  of  the  Senate  on  Ainil  15,  1H80,  in  regard  to  | 
the  recoinineinlatioii  of  the  President  for  the  appointment  of  a  joint 
cointnission  to  take  into  (ionsideration  the  entire  question  of  ilMJiiii); 
rights  of  the  two  Governnients  and  tlieir  citizens  on  the  coast  of  Jiritish 
North  America,  the  formation  of  a  joint  commission  was  not  again  pro- 
posed by  mo,  bnt  in  tho  dis(;liargo  of  his  constitutiomil  functions  iicfjo 
tiation«  witli  a  view  to  a  settlement  were  not  abandoned,  bnt  have  beeii  I 
proceeded  witli  by  this  Department  under  the  direction  of  the  Presi  | 
dent. 

The  number  of  plenipotentiaries  to  be  employed  on  either  side  docsj 
not  seem  to  be  material  to  the  object  in  view.  The  treaty  of  IH~A  com 
prohended  the  same  class  of  questions  8.ubstantially,  and  as  I  have  be  I 
fore  remarked  in  my  correspondence  with  yon,  was  negotiated  by  tiie 
Earl  of  Elgin,  at  that  time  governor-general  of  Canada,  and  Mr.  Williiuii 
L.  Marcy,  then  the  Secretary  of  State  of  the  United  States.  By  rcter 
enco  also  to  our  prior  treaties  with  Great  Britain  it  will  be  found  that 
the  number  of  plenipotentiaries  einpioyed  on  either  side  varied  and  was  | 
frequently  unequal. 

The  "mixed  commission"  referred  to  in  the  first  article  of  the  ad  in\ 
terim  iiroposal  submitted  by  you  in  December  last  to  the  British  foreign  | 
oflQce,  was  to  bo  authorized  by  Congress  before  appointed,  and  only  tin 
der  legislative  authority  couUl  they  be  so  employed  and  provision  luiidel 
for  their  compensation. 

It  is  not,  therefore,  considered  essential  or  important  for  tho  accom- 
plishment of  the  negotiation  now  contemplated  to  provide  for  the  aii 
poiutment  of  a  commission,  eo  nomine. 

The  questions  to  be  considered  and  settled  are  not  so  complicated  iul 
number  or  nature  as  to  require  a  largo  numerical  force  of  negotiators, 
such  as  was  apparently  deemed  expedient  in  1871. 

It  is  regarded  by  the  President  as  of  the  highest  importance  that  a  I 
-distinct  and  friendly  uuderstandirig  should  without  delay  be  arrived  at 
between  the  United  States  and  Great  Britain,  touching  the  extent  of 
the  rights  which  belong  respectively  to  the  citizens  of  the  United  States 
and  the  subjects  of  Her  Britannic  Majesty  in  relation  to  the  fisheries  ou 
':he  coasts  of  the  British  Possessions  iu  North  America,  and  as  to  any 
other  questions  which  aft'ect  the  trade  and  comjnercial  relations  between  | 
the  United  States  and  those  possessions. 

You  are,  therefore,  instructed  to  propose  to  Her  Majesty's  i>rincipal 
secretary  of  state  for  foreign  ailairs  the  appoiutment  of  an  envoy  ex 
traordinary  and  minister  plenipotentiary,  to  meet  in  the  city  of  Wash- 
ington a  minister  plenipotentiary  of  the  Government  of  the  United! 
States,  duly  authorized  by  the  respective  Governments  to  treat  of  aud 
discuss  the  mode  of  settling  all  questions  which  have  arisen  out  of  the  I 
dsheries  on  the  coasts  of  British  North  America,  and  all  other  qaestions I 
affecting  tho  relations  between  the  United  States  and  Her  Britannic  j 
Majesty's  possessions  in  North  America. 


M)  a  poriiiaiiiMit 


THE   FISHERIES   QUESTION. 


117 


Should  it  be  found  nocossary  or  expedient  to  increase  tlie  number  of 
the  rt'preHontativeH  of  eitiier  party  in  tlio  propo8e«l  ne{;otiation,  it  can 
lu'  done,  and  notice  bo  giveu  to  tliat  elfect. 

Helicvlnt?  tliiH  propoHal  to  l)o  in  accord  witli  late  expressions  of 
Her  Majoi^ty's  Uovernnient,  indicatinff  a  cordial  and  sincere  desire  to 
ivrrivc  at  an  amical)le,  permanent,  and  Just  settlement  of  tlie  important. 
(liipstioii  above  referred  to,  I  transmit  it  to  you  for  presentation,  in  the 
lull  contidence  of  its  prompt  acceptance  by  llor  Majesty's  Government, 
and  1  have  the  Iionor  to  be,  Sir, 
Your  obedient  servant, 

T.  F.  Bayard. 


No.  3. 


PROTOCOLS  OF  THE  CONFERENCES  OF  THi^  NEGOTIATIONS. 
I.— Protoool  of  Fisheries,  Conference. 

Washington,  November  22, 1887. 

The  Fisberies  Conference  having  formally  met,  the  full  powers  of  the 
[plenipotentiaries  were  exhibited  and  found  to  be  in  good  and  due  form, 

as  follows: 


IGrover  Cleveland,  President  of  the  United  States  of  America, 
whom  these  presents  shall  come,  greeting: 


To  all 


Know  ye  that,  reposing  special  trust  and  confidence  in  the  integrity 
land  ability  of  Thomas  F.  Bayard,  Secretary  of  State,  William  L.  Put- 
liiara  of  Maine,  and  James  B.  AngoU,  of  Michigan,  I  hereby  invest  them 
Iwithfiill  power  jointly  and  severally,  for  and  in  the  name  of  the  United 
Istiites,  to  meet  Jind  confer  with  plenipotentiaries  representing  the  Gov- 
lernraent  of  Her  Britannic  Majesty,  for  the  purpose  of  considering  and 
jadjusting  in  a  friendly  spirit  all  or  any  questions  relating  to  rights  of 
jfisbery  in  the  seas  adjacent  to  British  North  America  and  Newfound- 
lland,  which  are  in  dispute  between  the  Government  of  the  United  States 
land  that  of  Her  Britannic  Majesty,  and  any  other  questions  which  may 
larise  and  which  they  may  be  authorized  by  their  respective  governments 
jto  consider  and  adjust;  and  I  also  fully  empower  and  authorize  the  i^aid 
Thomas  F.  Bayard,  William  L.  Putnam,  and  James  B.  Angell,  jointly 
and  severally,  to  conclude  and  sign  any  treaty  or  treaties  touching  the 
premises,  for  the  final  ratification  of  the  President  of  the  United  States, 
by  and  with  the  advice  and  consent  of  the  Senate,  if  such  advice  and 
[consent  be  given. 

In  testimony  whereof  1  have  caused  the  seal  of  the  United  States  to 
be  hereunto  affixed, 

Given  under  my  baud,  at  the  city  of  Washington,  this  eighteeuth 
lay  of  November,  in  the  year  of  our  Lord  one  thousand  eight  hundred 
bd  oighty-seveu,  and  of  the  Independence  of  the  United  States  the  one 
puudred  and  twelfth. 
[seal.]  Grover  Cleveland. 

By  the  President: 

T.  F.  Bayard, 

Secretary  of  State. 


118 


THE   FISHERIES   QUESTION. 


Victoria  R.  &  I.  Victoria  by  the  grace  of  God,  of  the  United  Kingdom  of 
Great  Britain  and  Ireland,  Queen,  Defender  of  the  Faith,  UmprenH  of 
India,  dLc,  il;c.,  tt'c,  to  all  and  singular  to  whom  these  presents  shall 
come,  greeting: 

Wlioreas  Ibr  llie  purpose  of  considering  and  adjusting  in  a  friendly 
spirit  with  plenipotentiaries  to  be  appointed  on  tlie  part  of  our  good 
friends  the  United  States  of  America  all  or  any  questions  relating  to 
rights  of  fishery  in  the  seas  adjacent  to  British  North  America  and 
Newfoundland,  which  are  in  dispute  between  our  Government  and  that 
of  our  said  good  friends,  and  any  other  questions  which  may  arise  which 
the  respective  plenipotentiaries  may  be  authorized  by  their  governments 
to  consider  and  adjust,  we  have  judged  it  expedient  to  invest  fit  persous 
with  full  power  to  conduct  on  our  part  the  discussions  in  this  behalf. 
Know  ye,  therefore,  that  we,  reposiug  especial  trust  and  confidence  in 
the  wisdom,  loyalty,  diligence,  and  circumspection  of  our  right  trusty 
and  well  beloved  councillor,  Joseph  Chamberlain,  a  member  of  our  most 
honorable  privy  council,  and  a  member  of  Parliament,  &c.,  &c.;  of  our 
trusty  and  well  beloved  the  honorable  Sir  Lionel  Sackville  Sackville 
West,  knight  commander  of  our  most  distinguished  order  of  St.  Michael 
and  St.  George,  our  envoy  extraordmary  and  minister  plenipotentiary  to 
our  said  good  friends  the  United  States  of  America,  &c.,  &c.,  aud  of  or." 
trusty  and  well  beloved  Sir  Charles  Tapper,  knight  Grand  Cross  of  our 
most  distinguished  order  of  St.  Michael  and  St.  George,  ccmpauiou  of 
our  most  honorable  order  of  the  Bath,  minister  of  finance  of  the  Domin- 
ion of  Canada,  &c.,  &c.,  have  named,  made,  constituted,  and  appointed, 
as  we  do  by  these  presents  name,  make,  constitute,  and  appoint  them 
our  undoubted  plenipotentiaries,  giving  to  them,  or  to  any  two  of  them, 
all  manner  of  power  and  authority  to  treat,  adjust,  and  conclude,  with 
such  plenipotentiaries  as  may  be  vested  with  similar  power  and  authority 
on  the  part  of  our  good  friends  the  United  States  of  America,  any  trea- 
ties, conventions,  or  agreements  tnat  may  tend  to  the  attainment  of  the 
above-mentioned  end,  and  to  sign  for  us  and  in  our  name,  everything 
so  agreed  upon  and  c.:ncluded,  and  to  do  and  transact  all  such  other 
matters  as  may  appertain  to  the  finishing  of  the  aforesaid  work  in  as 
ample  manner  and  form,  and  with  equal  force  and  efficiency,  as  we 
ourselves  could  do  if  personally  present,  engaging  and  promising  upou  j 
our  royal  word  that  whatever  things  shall  be  so  transacted  and  cou 
eluded  by  our  said  plenipotentiaries  shall  be  agreed  to,  acknowledged, 
and  accepted  by  us  in  the  fullest  manner,  and  that  we  will  never  sailer, 
either  in  thewholeor  in  part, anyperson  whatsoever  toinfringe  the sanu', 
or  act  contrary  thereto,  as  far  as  it  lies  in  our  power.  In  witness  wht  eol 
we  have  caused  the  great  seal,  of  our  United  Kingdom  of  Great  Britain  | 
and  Ireland  to  be  alllxed  to  these  presents  which  we  have  signed  witli 
our  royal  hand.  Given  at  our  court  at  Balmoral  the  twenty-fourth  j 
day  of  October  in  the  year  of  our  Lord  one  thousand  eight  hundred  | 
end  eighty-seven,  and  in  the  fifty-ti^rst  year  of  our  reign. 

The  British  plenipotentiaries  proposed  that  Mr.  Bayard,  Secretary  of  ] 
State  of  the  United  States,  should  preside. 

Mr.  Bayard,  while  expressitig  appreciation  of  the  p^^rosal,  stated  the  | 
opinion,  in  which  the  other  United  StiJtes  plenipotentiaries  concurred, 
that  it  was  not  necessary  that  anyone  should  preside;  and  the  pro- 1 
posal  was  permitted  to  rest. 

Mr.  John  B.  Moore,  Third  Assistant  Secretary  of  State  of  the  United! 
States,  acting  as  secretary  to  the  United  States  plenipotentiaries,  and] 
Mr.  J.  IT.  G.  Bergne,  C.  M.  G.,  superintendent  of  the  treaty  depart 


THE   FISHERIFS   QUESTION. 


119 


(I  Kingdom  of 
i,  EwprenH  of 
presents  shall 


in  a  Irieiully 
:  of  our  good 
18  relating  to 
America  and 
aent  apd  tbnt 
ly  arise  which 
•  governmeuts 
est  fit  persons 
in  this  behalf. 
confidence  in 
r  right  trnsty 
er  ol"  our  most 
c,  &c.;  Gi  our 
;ille  Sackville 
of  St.  Michael 
lipotentiaryto 
fcc,  and  of  on" 
d  Cross  of  our 
,  compauiou  of 
of  tlie  Douiin- 
md  appointed, 
appoint  them 
y  two  of  them, 
conclude,  witli 
and  authority 
rica,  any  trea- 
ainment  of  the 
ne,  everything 
all  such  other 
aid  work  in  as 
iciency,  as  vrc 
romising  upon 
icted  and  cou- 
icknowledged, 
1  never  suffer, 
inge  the  same, 
itness  wht  eot 
Gr«iat  Britain 
^e  signed  witli 
twenty-fourth 
light  hundred 

(1,  Secretary  of 

isal,  stated  tbe  I 
Hes  concurred, 
and  tlicpro' 

of  tbe  United  j 
Itcntiarics,  and 
Itreaty  dei)art| 


ment  of  the  British  foreign  office,  acting  as  secretary  to  the  British 
plenipotentiaries,  were  requested  to  make  the  protocols  ol'  the  Confer- 
ence. 

After  some  discussion  of  questions  before  the  Conference,  it  was  ad- 
joarned  to  12  o'clock  m.  of  the  28th  of  November. 

John  B.  Mooee. 
J.  H.  G.  Bergne. 


II. — Protocol  op  Fisheries  Conference. 

Yif  AsniNGTON,  November  28,  1887. 

The  Conference  having  nssemblod,  all  the  plenipotentiaries>  being 
present,  the  protocol  of  the  session  held  on  the  22(1  of  November  was 
approved. 

After  discussion  of  questions  before  the  Conference,  it  was  adjourned 
to  the  30th  of  November. 

J.  H.  G.  Bergne. 
John  B.  Moore. 


III. — Protocol  of  Fisheries  Conference. 

Washington,  November  30, 1887. 

The  Conference  having  assembled,  all  the  plenipotentiaries  being 
I  present,  the  protocol  of  the  previous  session  was  approved,  and  discus- 
I  sion  of  the  questions  under  consideration  was  resumed. 
An  adjournment  was  made  to  the  3d  of  December. 

John  B.  Moore. 
J.  H.  G.  Bergne. 


IV.— Protocol  of  Fisheries  Conference. 

Washington,  December  3,  1887. 

The  Conference  reassembled,  all  the  plenipotentiaries  being  present. 
The  protocol  of  the  previous  session  was  approved,  and  after  further 
I  discussion  of  matters  under  consideration,  the  Conference  was  adjourned 
[  to  the  7th  of  December. 

J.  H.  G.  Bergne. 
John  B.  Moori^j. 


v.— Protocol  of  Fisheries  Conference. 

Washington,  JDecetnber  7, 1887. 

The  Conference  met,  all  the  plenipotentiaries  being  nresent. 
The  protocol  of  the  previous  session  was  approved,  and  after  further  dis- 
I  cubsion  of  matters  under  coasideration,  the  Conference  was  adjourned 
to  the  10th  of  December. 

John  B.  Moore. 
J.  H.  G.  Bergne. 


120  THE   FISHERIES   QUESTION. 

VI.— Pkotocol  of  Fisheries  Conference. 

Washington,  December  10, 1887. 
The  Conference  mot,  all  the  plenipotentiaries  being  present. 
The  protocol  of  the  previous  session  was  approved,  and  after  further 
discussion  of  matters  under  consideration,  the  Co'^ference  was  adjourned 
to  the  4th  of  January,  1888. 

J.  H.  G.  Bergne. 
John  B.  Moore. 


VII.— Protocol  op  Fisheries  Conference. 

Washington,  January  9, 1888. 
The  Conference,  which  was  adjourned  on  the  10th  of  December,  1887, 
till  the  4th  of  January,  1888,  did  not,  owing  to  unavoidable  delays,  re- 
assemble till  the  9th  of  January. 

On  that  day  the  Conference  met,  all  the  plenipotentiaries  being  pres 
ent. 

The  protocol  of  the  previr»us  session  was  approved,  and  after  further  j 
discuss'.on  of  matters  under  consideration,  the  Conference  was  adjourned 
to  the  lltU  of  January. 

J.  B.  Moore. 
J.  II.  G.  Bergne. 


VIII.— Protocol  of  Fisheries  Conference. 

Washington,  January  11, 1888. 

The  Conference  met,  all  the  plenipotentiaries  being  present. 
The  protocol  of  the  previous  session  was  approved,  and  alter  further 
discussion  of  matters  under  consideration,  the  Conference  was  adjourned 
to  the  14th  of  January. 

J.  B.  Moore. 
J.  H.  G.  Bergne. 


IX.— Protocol  of  Fisheries  Conference. 

Washington,  January  14, 1888. 

The  Conference  met,  all  the  plenipotentiaries  being  present. 
The  protocol  of  the  previous  session  was  approved,  and  after  furtht; 
discussion  of  matters  under  consideration,  the  Conference  was  adjourned  | 
to  the  18th  of  January. 

J.  n.  G.  Bergne. 
J,  B.  Moore. 


X.— Protocol  op  Fisheries  Conference. 

Washington,  January  18, 1888. 

The  Conference  met,  all  the  plenipotentiaries  being  present. 
The  protocol  of  the  previous  session  was  approved,  and  after  further  I 
discussion  of  matters  under  consideration,  the  Conference  was  adjourned  [ 
to  the  21st  of  January. 

J.B.Moore. 
J.n.  G.  Bergne. 


THE   FISHERIES   QUESTION. 


121 


iries  being  preS' 


XI. — Peotocoi,  of  Fishekies  'Jonference. 

WAsniNGTON,  January  21, 1888. 
The  Conference  met,  all  the  i)lenipotentiaries  being  present. 
The  protocol  of  the  previous  session  was  approved,  and  after  further 
discussion  of  matters  under  consideration,  the  Conference  was  adjourned 
to  the  23d  of  January. 

J.  H.  G.  Bergne. 
J.  B.  Mooke. 


XII.— Protocol  of  Fisheries  Conference. 

Washington,  January  23, 1888. 

The  Conference  met,  all  the  plenipotentiaries  being  present. 
The  protocol  of  the  previous  session  was  approved,  and  after  further 
discussion  of  matters  under  consideration,  the  Conference  Avas  adjourned 
if)  tlie  *34th  of  January. 

J.  H.  G.  Bergne. 
J.  B.  Moore. 


XIII.— Protocol  of  Fisheries  Conference. 

Washington,  January  24,  1888. 

The  Conference  met,  all  the  plenipotentiaries  being  present. 
The  protocol  of  the  previous  session  was  approved,  and  after  further' 
discussion  of  matters  under  consideration,  the  Conference  was  adjourned 
to  the  25th  of  January. 

J.  U.  G.  Bergne. 
J.  B.  Moore. 


XIV.— Protocol  of  Fisheries  Conference. 

Washington,  January  25, 1888. 

The  Conference  met,  all  the  plenipotentiaries  being  present. 
Tiie  protocol  of  the  previous  session  was  approved,  and  after  further 
discussion  of  matters  under  consideration,  the  Conference  was  adjourned 
to    0  26th  of  January. 

J.  B.  Moore. 
J.  H.  G.  Bergnc 


XV. — Protocol  of  Fisheries  Conference. 

Washington,  January  26, 1888. 
The  Conference  met,  all  the  plenipotentiaries  bring  present. 
The  protocol  of  the  previous  session  was  approved,  and  after  further 
I  discussion  of  matters  under  consideration,  the  Conference  was  adjourned 
I  to  th(^  28th  of  January. 

J,  B.  Moore. 
J.  R.  G.  Bergne. 


122  THE   FISHERIES   QUESTION. 

XVI. — Protocol  of  Fisheries  Conference. 

Washington,  January  28,  1888. 
T!;e  Conference  met,  all  the  plenipotentiaries  being  present. 
Tlie  protocol  of  the  previous  session  was  approved,  and  after  further 
discussion  of  matters  under  consideration,  the  Conference  was  adjournd 
to  the  30th  of  January. 

J.  B.  Moore. 
J.  H.  G.  Bergne. 


XVII.— rROTocoL  OF  Fisheries  Conference. 

Washington,  January  30, 1888. 

The  Conference  met,  all  the  plenipotentiaries  being  present. 
Tlie  protocol  of  tlie  previous  session  was  approved,  and  after  further 
discussion  of  matters  under  consideration,  the  Conference  was  adjourned 
to  the  3l8t  of  January. 

J.  B.  Moore. 
J.  H.  G.  Berone. 


XVIII. — Protocol  of  Fisheries  Conference. 

Washington,  January  31,  1888. 
The  Conference  met,  all  the  plenipotentiaries  being  present. 
The  protocol  of  the  previous  session  was  approved,  and  after  further 
discussion  of  matters  under  consideration,  tlie  Conference  was  adjourned 
to  the  1st  of  February. 

J.  B.  Moore. 
J.  H.  G.  Bergne. 


XIX.— Protocol  of  Fisheries  Conference. 

Washington,  February  1, 1888. 

The  Conference  met,  all  the  plenipotentiaries  being  present. 
The  protocol  of  the  previous  session  was  approved,  and  after  further 
discussion  of  matters  under  consideration,  the  Conference  was  adjourned 
to  the  2d  of  February. 

J.  H.  G.  Bergne. 
J.  B.  Moore. 


XX.— PiiOToooL  OP  Fisheries  Conference. 

Washington,  February  2, 1388. 

The  Conference  met,  all  the  plenipotentiaries  being  present. 
The  protocol  of  the  previou"  session  was  approved,  and  after  further 
discussion  of  matters  under  consideration,  the  Conference  was  adjourned 
to  the  3d  of  February. 

J.  H.  G.  Bergne. 
J.  B.  Moore. 


THE   FISHERIES   QUESTION. 

XXI.— Protocol  of  Fisheries  Conference. 


123 


Washington,  February  3, 1888. 
Tbe  Conference  met,  all  the  plenipotentiaries  being  present. 
The  protocol  of  the  previous  session  was  approved,  and  after  further 
discussion  of  matters  under  consideration,  the  Conference  was  adjourned 
to  the  6th  of  February. 

J.  H.  G.  Bergne. 
J.  B.  Moore. 


XXII. — ^Protocol  of  Fisheries  Conference. 

Washington,  February  C,  1888. 

The  Conference  met,  all  the  plenipotentiaries  being  present. 
The  protocol  of  the  previous  session  was  approved,  and  alter  further 
(liscussiou  of  matters  under  consideration,  the  Conference  was  adjourned 
to  the  7th  of  Feh"o«>'y. 

J.  H.  G.  Bergne. 
J.  B.  Moore. 


XXIII. — Protocol  of  Fisheries  Conference. 

Washington,  February  7, 1888. 

The  Conference  met,  all  the  plenipotentiaries  being  present. 
The  protocol  of  the  previous  session  was  approved,  and  after  further 
discussion  of  matters  under  consideration,  the  Conference  was  adjourned 
to  the  8th  of  February. 

J.  H.  G.  Bergne. 
J.  B.  Moore. 


XXIV. — Protocol  of  Fisheries  Conference. 

Washington,  February  8, 1888. 

The  Conference  met,  all  the  plenipotentiaries  being  present. 
The  protocol  of  the  previous  session  was  approved,  and  after  further 
discussion  of  matters  under  consideration,  the  Conference  was  adjourned 
:  to  the  9th  of  February. 

J.  n.  G.  Bergne. 
J.  B.  Moore.    , 


XXV.— Protocol  op  Fisheries  Conference. 

Washington,  February  9, 1888. 

The  Conference  met,  all  the  plenipotentiaries  being  present. 

The  protocol  of  the  previous  session  was  approved,  and  after  further 
1  discussion  of  matters  under  consideratiou,  the  Conference  was  atyourned 
j  to  the  10th  of  February. 

J.  B.  Moore. 


J. 


H.  G.  Bergne. 


124  THE   FISHERIES   QUESTION. 

XXVI.— Protocol  op  Fisheries  Conference. 

Washington,  February  10, 1888. 

The  Conference  met,  all  the  plenipotentiaries  being  present. 
The  protocol  of  the  previous  session  was  approved,  and  after  further 
discussion  of  matters  under  consideration,  the  Conference  was  adjourned 
to  the  13th  of  February. 

J.  E.  Moore. 
J.  H.  G.  Bergne. 


XXVII.— Protocol  of  Fisheries  Conference. 

Washington,  February  13, 1888. 

The  Conference  met,  all  the  plenipotentiaries  being  present. 
The  protocol  of  the  previous  session  was  approved,  and  after  further 
discussion  of  matters  under  consideration,  the  Conference  was  adjourned 
to  the  14th  of  February. 

J.  H.  G.  Bergne. 
J.  B.  Moore. 


XXVIII.— Protocol  op  Fisheries  Conference. 

Washington,  February  14, 1888. 

The  Conference  met,  all  the  plenipotentiaries  being  present. 
The  protocol  of  the  previous  sessions  was  approved,  and  after  further 
discussion  of  matters  under  consideration,  the  Conference  was  adjourned 
to  11  o'clock  a.  m.,  15th  of  February. 

J.  H.  G.  Bergne. 
J.  B.  Moore. 


XXIX.— Protocol  op  Fisheries  Conference. 

Washington,  February  15, 1888. 

The  Conference  met,  all  the  plenipotentiaries  being  present. 
The  protocol  of  the  previous  session  was  approved,  and  after  further 
discussion  of  matters  under  consideration,  the  Conference  was  adjourned 
to  5  o'clock  p.  m.  of  the  same  day. 

J.  B.  Moore. 
J.  H.  G.  Bergne. 


XXX.— Protocol  op  Fisheries  Conference. 

Washington,  February  15, 1888. 

The  Conference  met  at  5  o'clock  p.  m.,  all  the  plenipotentiaries  being  | 
present. 

The  protocol  of  the  previous  session  was  approved,  and  the  Confer- 
ence then  proceeded  to  the  comparison  of  two  printed  drafts  of  a  treaty,  | 
which,  being  found  to  be  correct,  WQre  duly  signed  by  the  plenipoten- 
tiaries. 

The  treaty  having  been  signed,  the  British  plenipotentiaries  pre- 
sented the  following  paper : 

The  treaty  havinc  been  signed,  tlie  British  pIcnipotontiarieB  tlesire  to  state  tliatj 
they  have  been  conNiderin^i;  the  position  wuich  will  bo  create«l  l»y  the  iniiiiediate  coni.j 


THE   FISHERIES   QUESTION. 


125 


teutiaries  pre- 


iiioiicenioiit  of  tbo  lishiiig  seaBon  before  the  treaty  can  possibly  bo  ratifiisd  by  tbe  Hon- 
ate  of  the  United  States,  ))y  the  parliament  of  Canada,  and  tbo  logiHlatiuo  of  New- 
foiiiulliunl. 

Ju  Mm  absence  of  snob  ratification  tbo  old  conditio'is,  whicb  bave  given  rise  to  so 
iiiiicb  friction  and  irritation,  migbt  bo  revived,  and  might  interfere  with  the  nnprcjn- 
diiMul  consideration  of  tbo  treaty  by  tbo  legislativo  bo<lies  concerned. 

Under  tbeae  circumstances,  and  with  the  fn.ulier  object  of  afi'ording  evidence  of 
tlioir  anxious  desire  to  promote  good  feeling  and  to  remove  all  possible  subjects  of 
controversy,  the  British  plenipotentiaries  aro  ready  to  make  the  following  teniponirv 
iirraiigomentfor  a  period  not  exceeding  two  years,  in  order  toaitbrd  a  "  modus  vwendi^' 
pcTiding  the  ratilication  of  tbo  treaty: 

1.  For  a  period  not  exceeding  two  years  from  the  present  date,  the  privilege  of  en- 
tering the  bays  and  harbors  of  the  Atlantic  coasts  of  Canada  and  Newfoundland  siiall 
1)0  granted  to  United  States  fishing  vessels  by  annual  licenses  at  a  fee  of  l^H  per  ton 
for  the  following  purposes: 

The  purchase  of  bait,  ice,  seines,  lines,  and  all  other  supplies  and  outfits. 

Transshipment  of  catch  and  8hipi)ing  of  crews. 

'2.  If  during  the  continuance  of  this  arrangement  tbo  United  States  sliould  romovo 
tliodnties  on  fish,  fish-oil,  whale  and  seal-oil  (and  their  coverings,  packages,  etc.),  tbo 
said  licenses  shall  be  issiied  free  of  charg3. 

;i.  United  States  fishing  vessels  entering  the  bays  and  harbors  of  tbo  Atlantic  coasts 
of  Canada  or  of  Newfoundland  for  any  of  the  four  purposes  mentioned  in  Article  I  of 
tbo  convention  of  October  20,  1818,  and  not  remaining  therein  more  than  twenty-four 
lionrs,  shall  not  be  required  to  enter  or  clear  at  the  custom-bouse,  providing  that 
they  do  not  communicate  with  the  shore. 

4.  Forfeiture  to  bo  exacted  only  for  tbo  oflfences  of  fishing  or  preparing  to  fish  in 
territorial  waters. 

5.  This  arrangement  to  take  effect  as  soon  as  the  necessary  measures  can  bo  com- 
pleted by  the  colonial  authorities. 

J.  Chamberlain. 

L.  S.  Sackvillk  West. 

CHARLE8  TUPPER. 

Washington,  February  15,  1888. 

To  this  communication  the  American  plenipotentiaries  made  the  fol- 
lowing replj- : 

The  American  plenipotentiaries  having  received  the  communication  of  the  Briti.sh 
plcnipoteLtiaries  of  this  date  conveying  their  plan  for  the  administration  to  be  ob- 
served by  the  Governments  of  Canada  and  Newfoundland  in  respect  to  the  fisheries 
i  (luring  tiio  period  which  may  be  requisite  for  tbo  consideration  by  the  Senate  of  the 
treaty  thin  day  signed,  and  the  enactment  of  the  legislation  by  the  respective  Govern- 
I  meuts  therein  proposed,  desire  to  express  tlip ir  satisfaction  with  this  manifestation  of 
au  intention  on  the  part  of  the  British  plenipotentiaries,  by  tbo  meiins  referred  to,  to 
maintain  the  relations  of  good  neighborhood  between  the  British  Possessions  in  North 
America  and  the  United  States;  and  they  will  convey  the  communication  of  the 
British  plenipotentiaries  to  the  President  of  the  United  States,  with  a  reciommonda- 
tioutbat  the  siime  may  iJe  by  him  made  known  to  the  Senate  for  its  information, 
together  with  the  treaty,  when  the  latter  is  submitted  to  that  body  for  ratification. 

T.  F.  Bavauh. 
Wii-LiAM  L.  Putnam. 
James  B.  Anoell. 
Washington,  Fehrnary  15, 1888.  . 

Mr.  Bayard  referred,  on  behalf  of  the  American  plenipotentiaries,  to 
Ithe  services  of  the  secretaries  during  the  sessions  of  the  Conference,  and 
jproposed  that  an  expression  :)f  thanks  be  made  to  them  for  their  asaist- 
lance.    In  this  the  British  plenipotentiaries  concurred. 

Mr.  Bayard  then  said  that  he  wished  to  express  his  gratification  at 
Iwbat  had  been  accomplished.  He  hoped  and  believed  the  Conference 
[had  laid  the  basis  upon  which  Canada  and  tLa  United  States  could  look 
jforward  to  a  period  of  enlarged  intercourse  and  increasingly  friendly 
jrelations.  As  lie  had  expressed  himself  before,  ho  felt  that  as  a  result 
|of  the  controversies  of  the  two  preceding  years,  the  two  countries  stood 
attiie  parting  of  the  ways,  and  it  became  necessary  to  determine  whether 
[their  future  should  be  in  the  direction  of  friendship  and  mutual  conven- 


126 


THE   FISHERIES   QUESTION. 


ionce,  or  of  unfriondliness  and  alienation.  He  hoped  the  work  that  Lad 
been  done  by  the  Conference  wouhl  decide  that  question,  and  that  the 
bonds  of  amity  between  the  fcwo  countries  would  be  strengthened  by  the 
ties  of  friendly  and  mutually  beneficial  intercourse. 

Mr.  Chamberlain  said  that  on  behalf  of  the  British  plenipotentiaries 
ho  desired,  at  the  conclusion  of  the  lengthened  (ieliberations  of  the 
Conference,  to  acknowledge  the  uniform  courtesy  of  their  American 
colleagues.  The  same  spirit  had  animated  all  who  had  been  engaged 
in  this  work,  and  he  hoped  and  believed  had  contributed  to  a  joint 
and  honorable  settlement  of  a  long  pending  controversy,  which  has 
more  than  once  threatened  the  friendly  relations  of  the  United  States 
and  Croat  Britain. 

The  I'espousibility  would  now  rest  on  other  shoulders;  but  whatever 
the  result  might  be,  the  plenipotentiaries  would  have  the  satisfaction 
of  knowing  that  they  had  at  least  done  their  part  in  endeavoring  not 
merely  to  remove  existing  causes  of  irritation,  but  also  to  promote  in 
the  future  that  cordial  amity  and  sentiment  of  good  neighborhood 
which  were  so  desirable  in  the  case  of  kindred  and  bordering  nations. 

Sir  Charles  Tapper  said : 

Mr.  Bayard,  I  ii'UHt  add  a  few  words  to  what  has  been  ho  well  said  by  Mr.  Cliiim- 
bcrlain.  1  desire  on  behalf  of  Canada  to  Hay  that  I  think  the  conciliitory  Hi>irit  iii 
which  wo  botli  met  last  Easter  has  fonnd  expression  in  tfio  terms  of  this  treaty.  I 
hope  it  will  remove  all  canses  of  iirit.ation  between  Great  Britain  and  the  IJnitiil 
States,  and  condnee  to  the  continnaiieo  and  extension  of  those  intimate  commerciiil 
relations  which  have  so  long  existed  between  Canada  and  the  United  States,  wiih 
marked  advantage  to  both  conntries.  I  sincerely  hope  that  tlie  settlement  at  wliicli 
wo  have  arrived  will  bo  accepted  by  the  people  on  botii  sides  of  the  boundary  line  as 
as  an  equitable  and  houorablo  arrangement. 

At  the  suggestion  of  Mr.  Putnam,  the  secretaries  were  requested  by 
the  j)lenipotentiarie8  to  ombodj'  the  remarks  of  Mr.  Bayard,  Mr.  Cham- 
berlain, and  Sir  Charles  Tupper  in  the  protocol  of  the  session. 
The  Conference  was  then  finally  adjourned. 

J.  B.  Moore, 
J.  H.  G.  Bergne. 


3  work  that  Lad 
111,  and  that  the 
igtheued  by  the 


Bray,  which  has 
3  United  States 


MESSAGE 


FItOM   THE 


PRESIDENT  OF  THE  UNITED  STATES, 


THANSMirriNQ 


A.  treaty  between  the  United  iitatcn  and  Great  Britain  concerning  the  inter- 
pretation of  the  convention  of  October  20,  1818,  signed  at  Washington 
February  15, 18SS. 


Fkbkuaky  20,  1888. — Roatl,  treaty  road  tho  flrHt  tinio,  roforrort  to  the  Committee  ou 
Foreign  RelatioiiH,  aud,  togcthor  with  tho  luossugo  and  tho  accompanying  docu- 
uientH,  ordered  to  lie  printed  in  coniidence  for  the  uue  of  tho  Senate. 


To  the  Senate  of  the  United  States : 

lu  my  annual  message  transmitted  to  the  Congress  in  December,  1886, 
it  was  stated  that  negotiations  were  then  pending  for  the  settlement 
of  the  questions  growing  out  of  the  rights  claimed  by  American  fisher- 
uieii  in  British  North  American  waters. 

As  a  result  of  such  negotiations  a  treaty  has  been  agreed  upon  be- 
tween Her  Britannic  Majesty  and  the  United  States,  concluded  and 
signed  in  this  capital,  under  my  direction  and  authority,  on  the  15th  of 
February  instant,  and  which  I  now  have  the  honor  to  submit  to  the 
Senate,  with  the  recommendation  that  it  shall  receive  the  consent  of 
that  body,  as  provided  in  the  Constitution,  in  order  that  the  ratifica- 
tions thereof  may  be  duly  exchanged  and  the  treaty  be  carried  into  effect. 

Shortly  after  Congress  had  adjourned  in  March  last,  and  in  con  tin  u- 
tion  of  my  efforts  to  arrive  at  such  an  agreement  between  the  Govern- 
ments of  Great  Britain  and  the  United  States  as  would  secure  to  the 
citizens  of  the  respective  countries  the  unmolested  enjoyment  of  their 
just  rights  under  existing  treaties  and  international  comity  in  the  terri- 
torial waters  of  Canada  and  of  Newfoundland,  I  availed  myself  of 
opportune  occurrences  indicative  of  a  desire  to  make  without  delay  an 
amicable  aud  final  settlement  of  a  long-standing  controversy — produc- 
tive of  much  irritation  and  misunderstanding  between  the  two  nations — 
to  send  through  our  minister  in  London  proposals  that  a  conference 
should  take  place  on  the  subject  at  this  capital. 

The  experience  of  the  past  two  years  had  demonstrated  the  dilatory 
and  unsatisfactory  consequences  of  our  indirect  transaction  of  busi- 
ness throp.gh  the  foreign  office  in  London,  in  which  the  views  and  wishes 
of  the  Government  of  the  Dominion  of  Cmada  were  practically  pre- 
dominant, but  were  only  to  find  expression  at  second  hand. 

To  obviate  this  inconvenience  and  obstruction  to  prompt  and  well-de- 

127 


128 


THE   FISHERIES   QUESTION. 


Hued  Muttleiiient,  it  was  coimidered  advisable  that  the  negotiation 
should  be  coiulueted  in  this  city,  and  that  the  interests  of  Canada  und 
Newtoundliind  should  be  directly  re])re8ented  therein. 

The  terms  of  reference  having  been. duly  agreed  upon  between  the 
two  Oovernnients,  and  the  conference  arranged  to  be  held  here,  by  vir 
tue  of  the  j)ower  in  me  vested  by  the  Constitution,  I  duly  authorized 
Thomas  F.  Bayard,  the  Secretary  of  State  of  the  United  States,  Will- 
iam  L.  Putnam,  a  citizen  of  the  State  of  Maine,  and  James  B.  Angcll, 
a  citizen  of  the  State  of  Michigan,  for  and  in  the  name  of  the  United 
States,  to  meet  and  confer  with  the  pleniijotontiaries  representing  the 
Government  of  Her  Britannic  Majesty,  for  the  purpose  of  considering; 
and  adjusting  in  a  friendly  spirit  all  or  any  questions  relating  to  rights 
of  fishery  in  the  seas  adjacent  to  British  North  America  and  Newfound- 
land which  were  in  dispute  between  the  Governments  of  the  United 
States  and  that  of  Her  Britannic  Majesty,  and  jointly  and  severally  to 
conclude  and  sign  any  treaty  or  treaties  touching  the  premises;  audi 
herewith  transmit  for  your  information  full  copies  of  the  power  so  giveu 
by  me. 

In  execution  of  the  powers  so  conveyed,  the  said  Thomas  F.  Bayard, 
William  L.  Putnam,  and  James  B.  Angell,  in  the  month  of  November 
last,  met  in  this  city  the  plenipotentiaries  of  Her  Britannic  Majesty, 
and  proceeded  in  the  negotiation  of  a  treaty  as  above  authorized.  After 
many  confercn 'es  and  protracted  ettbrts  an  agreement  has  at  length 
been  arrived  at,  which  is  embodied  in  the  treaty  which  1  now  laj  before 
you. 

The  treaty  meets  my  approval,  because  I  believe  that  it  supplies  a 
satisfactory,  practical,  and  final  adjustment,  upon  a  basis  honorable 
and  just  to  both  parties,  of  the  difficult  and  vexed  question  to  which  it 
relates. 

A  review  of  the  history  of  this  question  will  show  that  all  former 
attempts  to  arrive  at  a  common  interpretation,  satisfactory  to  both 
parties,  of  the  first  article  of  the  treaty  of  October  20, 1818,  have  been 
unsuccessful ;  and  with  the  lapse  of  time  the  difficulty  and  obscurity 
have  only  increased. 

The  negotiations  in  1854,  and  again  in  1871,  ended  in  both  cases  iu 
temporary  reciprocal  arrangements  of  the  tariffs  of  Canada  and  New- 
foundland and  of  the  United  States,  and  the  payment  of  a  money  award 
by  the  United  States,  under  which  the  real  questions  in  difference  re 
mained  unsettled,  in  abeyance,  and  ready  to  present  themselves  anew 
just  so  soon  as  the  conventional  arrangements  were  abrogated. 

The  situation,  therefore,  remained  unimproved  by  the  results  of  the 
treaty  of  1871,  and  a  grave  condition  of  affairs,  presenting  almost 
identically  the  same  features  and  causes  of  complaint  by  the  United 
States  against  Canadian  action  and  British  default  in  its  correction, 
confronted  us  in  May,  1886,  and  has  continued  until  the  present  time. 

The  greater  part  of  the  correspondence  which  has  taken  place  be 
tween  the  two  Governments  has  heretofore  been  communicated  to  Con- 
gress, and  at  as  early  a  day  as  possible  I  shall  transmit  the  remaining 
portion  to  this  date,  accompanying  it  with  the  joint  protocols  of  the 
conferences  which  resulted  in  the  conclusion  of  the  treaty  now  sub 
mittadtoyou. 

You  will  thus  be  fully  possessed  of  the  record  and  history  of  the  case 
since  the  termination,  on  June  30, 1885,  of  the  fishery  articles  of  the 
Treaty  of  Washington  of  1871,  whereby  wo  were  relegated  to  the  pro- 
visions of  the  treaty  of  October  20, 1818. 


THE    FISHKUIES    QUESTION. 


129 


ncgotiatioim 
f  Cauacla  uiul 

between  tlie 
I  here,  by  vir 
ily  autliDrized 

States,  Will- 
108  B.  Ausdl, 
of  tbo  United 
iri'senting  the 
uf  considering 
iitins  to  rights 
knd  Newfound- 
of  the  United 
1(1  severally  to 
remises;  audi 
power  so  given 

naa  F.  Bayard, 
U  of  November 
anuic  Majesty, 
horized.  After 
has  at  length 
.  now  lay  before 

it  it  supplies  a 
basis  honorable 
jtiou  to  which  it 

that  all  former 

lactory  to  both 

818,  have  been 

and  obscurity 

I  both  cases  iu 
[nada  and  New- 
jfamoney  awarO 
fn  difference  re 
lemselves  anew 
Fogated. 
)  results  of  the 
^senting  almost 
by  the  United 
In  its  correction, 
h  present  time, 
taken  place  be- 
inicated  to  Con- 
„  the  remaining 
)rotocol8  of  the 
rcaty  now  sub- 

Itory  of  the  case  ] 

1  articles  of  the 

Lted  to  the  pro- 


Ah  tlie  docunientH  and  papers  referred  to  will  supply  full  information 
of  the  positions  taken  under  my  administration  by  the  representatives 
ot  the  I'liited  States,  as  well  as  those  occupied  by  the  representatives 
of  the  (Jovernment  of  (rreat  Britain,  it  is  not  considered  necessary  or 
expedient  to  repeat  tliem  in  this  message.  But  1  believe  the  treaty 
will  be  found  to  contain  a  Just,  honorable,  and,  therefore,  satisfactory 
Kohition  of  tlie  ditlicnlties  wliieli  have  clouded  our  relations  with  our 
neighbors  on  our  northern  border. 

^specially  satisfactory  do  I  believe  the  proposed  arrangenu^nt  will 
he  found  by  those  of  our  citizens  who  are  engaged  in  the  open  sea 
lisiicries,  adjacent  to  ^lie  Cainulian  coast,  and  reporting  to  those  ports 
and  harbors  under  treaty  provisions  and  rules  of  international  law. 

The  proposed  delimitation  of  the  lines  of  the  exclusive  iislHiries  from 
the  oonimon  lisheries  will  give  certainty  and  security  as  to  the  area  of 
tiicir  legitimate  field  ;  the  headland  theory  of  imaginary  lines  is  aban- 
(htned  by  Great  Britain,  and  the  specification  in  the  treaty  of  ccruiin 
named  bays  especially  provided  fer  gives  satisfaction  to  the  inhab- 
itants of  the  shores,  without  subtracting  materially  from  the  value  or 
convenience  of  the  llshery  rights  of  Americans. 

The  uninterrupted  navigation  of  the  Strait  of  Canso  is  expressly  and 
lor  the  lirst  time  affirmed,  and  the  i'onf  purposes  for  which  our  tisher- 
men  under  the  treaty  of  1818  were  allowed  to  enter  the  bays  and  har- 
bors of  Canada  and  Newfoundland  within  the  belt  of  3  marine  miles  are 
I  placed  under  a  fair  aaid  liberal  construction,  and  their  enjoyment  secure*! 
without  such  conditions  and  restrictions  as  in  the  past  have  embar- 
[nissed  and  obstructed  them  so  seriously. 

The  enforcement  of  penalties  for  unlawfully  fishing  or  ))reparing  to 
Ifish  within  the  inshore  and  exclusive  waters  of  Canada  and  Newfound- 
hind  is  to  be  accompliKVed  under  safe-guartls  against  oppressive  or 
Liibitrary  action,  thus  protecting  the  defendant  fishermen  t^om  puuish- 
|iiient  in  advance  of  trial,  delays,  and  inconvenience  and  unnecessary  ex- 
jicnsb. 

The  history  of  events  in  the  last  two  years  shows  that  no  feature  of 
|(  anadian  administration  was  more  harassing  and  injurious  than  the 
Icompulsion  upon  our  fishing  vessels  to  make  formal  entry  and  clearance 
Ion  every  occasion  of  temporarily  seeking  shelter  in  Canadian  ports  and 
lliarbors. 

Such  inconvenience  is  provided  against  in  the  proposed  treaty,  and 
|tlii8  luost  frequent  and  just  cause  of  complaint  is  removed. 

The  articles  permitting  our  fishermen  to  obtain  provisions  and  the 
ttrdiuary  supplies  of  trading  vessels  on  their  homeward  voyages,  and 
kinder  which  they  are  accorded  the  further  and  even  more  important 
|)rjvilege  on  all  occasions  of  purchasing  such  casual  or  needful  pro- 
visions and  supplies  as  are  ordinarily  granted  to  trading  vessels,  are  of 
^leat  importance  and  value. 

The  licenses  which  are  to  be  granted  without  charge  and  on  applica- 
[ion,  in  order  to  enable  our  fishermeu  to  enjoy  these  privileges,  are 
psouable  aud  proper  checks  iu  the  hands  of  the  local  authorities  to 
jilentify  the  recipients  and  prevent  abuse,  and  can  form  no  impediment 
|o  those  who  intend  to  use  them  fairly. 

The  hospitality  secured  for  our  vessels  in  all  cases  of  actual  distress, 
hth  liberty  to  unload  and  sell  aud  transship  their  cargoes,  is  full  and 
fberal. 

[These  provisions  will  secure  the  substantial  enjoyment  of  the  treaty 
pts  for  our  fishermen  under  the  treaty  of  1818,  for  which  contention 
been  steadily  made  in  the  correspondence  of  the  Department  ot 
S.  Ex.  113 9 


130 


TIIK    FI8HERIK8    QUESTION. 


State,  uiid  our  minister  at  Lundoii,  und  by  the  Auieriuan  iiugutiators 
of  the  pruMinit  treaty. 

The  rijjht  of  our  tlHhcrnuMi  under  the  trenty  of  1818  did  uot  exttMul  to 
the  procurement  of  distinctive  tlshirry  8r.i)|>lieH  in  Cunmliau  portN  und 
harborH*;  und  one  item  HuppoHed  to  Im^  eNHential,  to  wit,  bait,  wan  phiinly 
<lenied  tluMU  by  tlie  4'xplicit  and  dertnito  words  of  the  treaty  of  IHlM, 
enipluiNized  by  thecourH(>of  the  negotiation  and  exiiress  deciHioiiH  whicb 
preiH'ded  tiie  (ronchision  of  that  treaty. 

The  treaty  now  Hubniitted  contains  no  provision  affecting  tariff  (hi- 
lies,  and,  intUipendentiy  of  tlie  position  assumed  upon  the  part  of  tlie 
Unili'd  iStates  tliat  no  alteration  in  our  tarill'  orotiier  donuistic  lefji-slii- 
tion  couUl  be  made  as  the  price  or  consi<leration  of  obtaining  the  ri^htN 
of  our  citizens  secured  by  treaty,  it  was  consi<b>red  more  exi)edient;  to 
aHow  any  cluin{,'e  in  the  revenue  hiws  of  the  United  btates  to  be  uiadt' 
by  tlie  ordinary  exennse  of  ley;i.Hiative  will,  and  in  proiii<>tion  of  the 
public  interests.  Therefore,  the  addition  to  the  free  list  of  flsh,  llshoil, 
whale  and  seal  oil,  et(^,  recited  in  the  last  arti<;le  of  the  treaty,  is  wholly 
left  to  the  ac'.tioi;  ;yf  ( ''ingress'  and  in  connection  therewith  the  Cana- 
dian and  Newfounitland  right  to  regulate  sales  of  bait  and  other  flshiii;^ 
supplies  within  their  own  Jurisdiction  is  recognized,  and  the  ri<j;ht  of 
our  lisheriiiHU  to  freely  purchsiKij  these  tliinns  is  made  contingent,  liy 
this  treaty,  upon  the  action  of  Congress  in  the  modiUcation  of  our  taritl 
laws. 

Our  social  and  commercial  intercourse  with  those  populations  who 
have  been  jilaced  upon  our  borders  an«l  made  forever  our  neighbors  is 
made  apparent  by  a  list  of  United  States  common  carriers,  maiiue  hikI 
inland,  connecting  their  lines  with  Canada,  which  was  returned  by  the 
Secretary  of  the  Treasury  to  the  Senate  on  the  7tl>  day  of  February, 
1888,  in  answer  to  a  resolution  of  that  body;  ami  this  is  inst.^uctive  as 
to  the  great  volume  of  mutually  protitable  interchanges  which  has 
come  into  existence  during  the  last  half  (ientury. 

This  intercourc  is  still  but  pa'-tially  developed,  and  if  the  amicable 
enterprise  a.i<l  wholesome  rivalry  between  the  two  poiiulations  be  not 
obstructed,  the  promise  of  thefuture  is  full  of  the  fruits  of  an  unbounded 
prosperity  on  both  sides  of  the  border. 

The  treaty  now  submitted  to  you  has  been  trained  in  a  spirit  of  liberal 
equity  and  reciprocal  benefits,  in  the  conviction  that  mutual  advaiitajje 
and  convenience  are  the  only  permanent  foundation  of  peace  and  friend- 
ship between  States,  and  that  with  the  adoption  of  the  agreement  now 
placed  before  the  Senate,  a  beneficial  and  satisfactory  intercourse  be- 
tween the  two  countries  will  be  established  so  as  to  secure  perpetual 
p»;:tt  e  and  harmony. 

}u  connection  with  the  treaty  herewith  submitted  I  deem  it  also  my 
dvity  to  transmit  to  the  Senate  a  written  otter  or  arrangement,  in  the 
nature  of  a  modm  vivendi,  tendered  after  the  conclusion  of  the  treaty 
on  the  part  of  the  British  plenipotentiaries,  to  secure  kindly  and  peace- 
ful relations  during  the  period  that  may  be  required  for  the  considera- 
tion  of  the  treaty  by  the  respective  Governments  and  for  the  enactment 
of  the  necessary  legislation  to  carry  its  provisions  into  effect  if  ap 
proved. 

Th'J  paper,  freely  and  on  their  own  motion,  signed  by  the  British  I 
conferees,  uot  only  extends  advantages  to  our  lishermeii,  peuding  the  j 
ratification  of  the  treaty,  but   appears  to  have  been  dictated  by 
friendly  and  amicable  spirit. 

1  am  given  to  understand  that  the  other  governments  concerned  in  I 


THK    FISHERIES   QUE8TI0N. 


181 


>rs,  mill  ine  ami 


tbiH  tri'tity  will,  within  a  few  duys,  in  nccordiiiice  with  their  niethoilH  of 
(oiuiiictinK  public  buHinuss,  submit  suit!  treuty  to  their  respective  \eg- 
iHlutinvs,  when  it  will  be  at  once  published  to  tlie  worhl.  In  view  of 
sucii  action  it  appears  to  be  advisable  that,  by  publication  here,  early 
1111(1  tiill  knowledffe  of  all  that  has  been  done  in  the  premises  should  be 
attbnU'd  to  our  people. 

It  \voul<l  also  seem  to  be  nseful  to  inform  the  poimlar  mind  con- 
ccMiiiif,'  the  history  of  the  long  continued  disputes  growing  out  of 
the  subject  embraced  in  the  treaty  and  to  satisfy  the  public  interests 
touching  the  same,  as  well  as  to  acquaint  our  people  with  the  present 
Htivtusof  the  questions  involved,  and  to  give  them  the  exact  terms  of 
the  proposed  adjustment,  in  plt<ce  of  the  exaggerated  and  imaginative 
sinteiiicnlh  which  will  otherwise  reach  them. 

1  tlicreloie  beg  leave  respectfully  to  suggest  that  said  treaty  and  all 
such  correspondence,  messages,  and  documents  relating  to  the  same  as 
may  be  deemed  important  to  accomplish  these  purposes  be  at  once  made 
i)ublic  by  the  order  of  your  honorable  body. 

OROVER  CLEVELAND. 

ExKciiTivE  Mansion, 

February  20, 1888. 


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132 


THE   FISUEKIES   QUESTION. 


fit    ■T: 


1  Whereas  difieiences  liave  arisen  concerning  the  interjjretatiou 

2  of  Article  I.  of  the  Convention  of  October  20,  1818;  the  United 

3  States  of  America,  and  Her  Majesty  the  Queen  of  the  United  King- 

4  dom  of  Great  Britain  and  Ireland^  being  mutually  desirous  of  re- 

5  moving  all  causes  of  misunderstanding  in  relation  thereto,  and  of 

6  promoting  friendly  intercourse  and  good  neighborhood  between 

7  the  United  States  and  the  Possessions  of  Her  Majesty  in  North 

8  America,  have  resolvec  to  conclude  a  Treaty  to  that  end,  and  have 

9  named  as  their  Plenipotentiaries,  that  is  to  saj' : 

10  The  President  of  the  United  States,  Thomas  F.  Bayard,  Secre- 

11  tary  of  State;  "William  L.Putnam,  ofMaine;  and  James  B.Angell, 

12  of  Michigan: 

13  And  Her  Majesty  the  Queen  of  the  United  Kingdom  of  Great 

14  Britain  and  Ireland,  The  Eight  Hon.  Joseph  Chamberlain,  M.  P. 

15  The  Honorable  Sir  Lionel  Sackville  Sackville  West,  K.  C.  M.  G., 

16  Her  Britannic  Majesty's  Envoy  Extraordinary  and  Minister  Pleni 

17  potentftiry  to  the  Uuited  States  of  America;  and  Six-  Charles  Tup- 

18  per,  G.  C.  M.  G.,  C.  B.,  Minister  of  Finance  of  the  Dominion  of 

19  Canada ; 

20  Who,  having  communicated  to  each  other  their  respective  Full 

21  Powers,  found  in  good  and  due  form,  have  agreed  upon  the  follow- 

22  mg  articles : 

23  Article  I. 

24  Tho  High  Contracting  Parties  agree  to  appoint  a  Mi^ed  Commis- 
26  sion  to  delimit,  in  the  manner  provided  in  this  Treaty,  the  British 

26  waters,  bays,  creeks,  and  harbors,  of  the  coasts  of  Canada  and  of 

27  Newfoundland,  as  to  which  the  United  States,  by  Artic?e  L  of  the 

28  convention  of  October  20,  1818,  between  the  United  States  and 

29  Great  Britain,  renounced  forever  any  liberty  to  take,  dry,  or  cure 

30  fish. 

81  Article  IL 

32  The  Commission  shall  consist  of  two  Commissioners  to  be  named 

33  by  her  Britannic  Majesty,  and  of  two  Commissioners  to  be  named 


THE    FlSHElilES    QUESTION. 


133 


34  by  tlic  President  of  the  United  State.--,  witUoiit  delay,  after  the 

3,15  oxeliati^e  of  ratifieations  of  this  Treaty. 

36  The  Commission  shall  n)eet  and  complete  the  delimitation  as 

37  soon  as  i^ossible  thereafter. 

38  J  n  case  of  the  death,  absence,  or  incapacity  of  any  Commis>  'oner, 
yd  or  in  the  event  of  any  Commissioner  omitting  or  ceasing  to  act 

40  as  such,  the  Prenident  of  the  U.  ited  States  or  Her  Britannic 

41  Majesty,  respectively,  shuil  forthwith  name  another  person  to  act 

42  as  Commissioner  instead  of  the  Commissioner  originally  named. 

43  ,  Articlk  III. '-;";;'■■■■■ '       -^  :-  .■  '.\,:-  -•-\^' 

44  The  delimitation  referred  to  in  Article  I.  of  this  Treaty  shall  be 

45  marked  upon  British  Admiralty  charts  by  a  series  of  lines  regu- 

46  larly  numbered  and  duly  described.     The  charts  so  marked  shall, 

47  on  the  tern»ination  of  the  work  of  the  Commission,  be  signed  by 

48  the  Commissioners  in  quadruplicate,  one  copy  whereof  shall  be  de- 

49  livered  to  the  Secretary  of  State  of  the  United  States,  and  three 

50  copies  to  Her  Majesty's  Government.    The  delimitation  shall  be 

51  made  in  the  following  manner,  and  shall  be  accepted  by  both  the 

52  High  Contracting  Parties  as  applicable  for  all  purposes  under  Ar- 

53  tide  I.  of  the  Convention  of  October  20, 1818,  between  the  United 

54  States  and  Great  Britiiin. 

55  The  three  marine  miles  mentioned  m^  Article  I.  of  the  Conventioa 

56  of  October  20,  1818,  shall  bo  measured  seaward  from  low  water 

57  mark ;  but  At  every  bay,  creek,  or  harbor,  not  otherwise  specially 

58  provided  for  in  this  Treaty,  such  three  marine  miles  shall  be  meas- 

59  ured  seaward  from  a  straight  line  drawn  across  *^'ie  bay,  creek,  or 

60  harbor,  in  the  part  nearest  the  entrance  at  the  first  point  where 
01  the  width  does  not  exceed  ten  marine  miles. 


C2 


Article  IV. 


C3  At  or  near  the  following  bays  the  limits  of  exclusion  under  Arti- 

M  cle  . .  of  the  Convention  of  October  20,  1818,  at  points  more  than 

05  three  marine  n>iles  from  low  water  mark,  shall  be  established  by 

CO  the  following  lines,  namely : 

(m  At  the  Bale  des  Chaleurs  the  line  from  the  Light  at  Birch  Point 

68  on  Miscou  Island  to  Macquereau  Point  Light;  at  the  Bay  of  Mira- 

69  michi,  the  Hue  from  the  Light  at  Point  Escurainac  to  the  Light  ou 


134  THE   FISHERIES   QUESTION. 

70  the  Eastern  Point  of  Tabisiutac  Gully ;  at  Egmont  Bay,  in  Prince 

71  Edv.ard  Island,  the  line  from  the  Light  at  Cape  Egmont  to  the 

72  Light  at  West  Point ;  and  off  St.  Ann's  Bay,  in  the  Province  ot 

73  Nova  Scotia,  the  line  from  Cape  Smoke  to  the  Light  at  Point 

75  At  Fortune  Bay,  in  Newfoundland,  the  line  from  Connaigre 

76  Head  to  the  Light  on  the  South- easterly  end  of  Brunet  Island, 

77  thence  to  Fortune  Head;  at  Sir  Charles  Hamilton  Sound,  the  Hue 

78  from  the  South-east  point  of  Cape  Fogo  to  White  Island,  thence 

79  to  the  North  end  of  Peckford  Island,  and  from  the  South  end  uf 

80  Peckford  Island  to  the  East  Headland  of  Ragged  Harbor. 

81  At  or  near  the  foUowiug  bays  the  limits  of  exclusion  shall  be 

82  three  marine  miles  seaward  from  the  following  lines,  namely : 

83  At  or  near  Barrington  Bay,  in  Nova  Scotia,  the  line  from  the 

84  Light  on  Stoddard  Island  to  the  Light  on  the  south  i)oint  of  Cape 

85  Sable,  thenoe  to  the  light  at  Baccaro  Point ;  at  Chedabucto  and 

86  St.  Peter's  Bays,  the  line  from  Craib^rry  Island  Light  to  Green 

87  Island  Light,  thence  to  Point  IC  :'Ug>: ,  ikC  Mira  Bay,  the  line  from 

88  the  Light  on  the  East  Point  of  Scatari  Island  to  the  North-eastcilj 

89  Point  of  Cape  Morien;  and  at  Placentia  Bay,  in  Newfoundland, 

90  the  line  from  Latine  Point,  on  the  Eastern  mainland  shore,  to  the  I 

91  most  Southerly  Point  of  Red  Island,  thence  by  the  most  Southerly  | 

92  Point  of  Merasheen  Island  to  the  mainland. 

93  Long  Island  and  Bryer  Island,  at  St.  Mary's  Bay,  in  Nova  8ci>| 

94  tia,  shall,  for  the  purpose  of  delimitation,  be  taken  as  the  coasts | 

95  of  such  bay. 

9$  Abticlk  V. 

07  Nothing  in  this  Treaty  shall  be  construei'     •  Mvdude  within  tiiel 

98  common  waters  any  such  interior  portions  c;    -     Piys,  creeks,  orj 

99  harbors  as  can  not  be  reached  from  the  sea  witl    '    passing  within 

100  the  three  marine  miles  mentioned  in  Article  I  of  the  Convention  of| 

101  October  20,  1818. 

.^^ ^_J|.._.:.  ....--:.,■ -,;:,-:. 

102  *  -                   Article  VI.     .                         ,: 

303  Th'>  Commissioners  shall  from  time  to  time  report  to  each  of  the! 

104  High  Contracting  Parties,  such  lines  as  they  may  have  agreed! 

105  upon,  numbered,  described,  antl  marked  as  herein  provided,  «iilij 

106  quadruplicate  charts  thereof;  which  line,  to  reported  shal'  forth 


115 
116 


121 


THE    FISHERIES    QUESTION. 


135 


107  wiMi  from  time  to  time  be  simultaueously  proclaimed  by  the  High 

108  Coutracting  Parties,  and  be  binding  after  two  months  from  such 

109  proclamation. 

110  Akticle  VII. 

HI  Any  disagreement  of  the  Commissioners  shall  forthwith  be  re- 

112  ferred  to  an  Umpire  selected  by  the  Secretary  of  State  of  the  United 

113  States  and  Her  Britannic  Majesty's  Minister  at  Washington ;  and 

114  his  decision  shall  be  final.  .         ■ 


Article  V^II. 


Each  of  the  High  Contracting  Parties  shall  pay  its  own  Commis- 

117  sioners  and  officers.    All  other  expenses  jointly  incurred,  in  con- 

118  i.ection  with  the  performance  of  the  work,  including  compensation 

119  to  the  Umpire,  sliall  be  paid  by  the  High  Coutracting  Parties  in 

120  equal  moieties.  .         ,: 


Article  IX. 


122  Ifothing-  in  this  Treaty  shall  interrupt  or  affect  the  free  naviga- 

123  tion  of  the  Strait  of  Causo  by  fishing  vessels  of  the  United  States. 


124  Article  X. 

125  United  States  fishing  vessels  entering  the  bays  or  harbors  re- 
120  ferred  to  in  Article  I.  of  this  Treaty  sliall  conform  to  harbor  regu- 

127  hitious  common  to  them  and  to  fishing  vessels  of  Canada  or  of 

128  Newfoundland. 

129  They  need  not  report,  enter,  or  clear,  when  i)utting  into  such 

130  bays  or  harbors  for  shelter  or  repairing  damages,  nor  when  put- 

131  ting  into  the  same,  outside  the  limits  of  established  ports  of  entry, 

132  for  the  purpose  of  purchasing  wood  or  of  obtaining  water ;  except 

133  that  any  such  vessel  remaining  more  than  twenty-four  hours,  ex- 
131  elusive  of  Sunday.!  and  legal  holidays,  within  any  such  port,  or 
13ii  communicating  with  the  shore  therein,  may  be  required  to  report, 
136  euter,  or  clear;  aiul  no  vessel  shall  be  excused  hereby  from  giving 
13?  due  information  t'>  boarding  officers. 

138  They  shall  not  be  liable  in  any  such  bays  or  harbors  for  com- 

i  139  pulsory  pilotage ;  nor,  when  therein  for  the  purpose  of  shelter,  of 

jUO  repaiiing  damages,  of  purchasing  wood,  or  of  obtaining  water, 

I  HI  shall  they  be  liable  for  harbor  dues,  tonnage  dues,  buoy  dues, 


■i. 


136 


145 


165 


THE    FISHERIES   QUESTION. 


142  light  duos,  or  other  similar  due»;  but  this  eiiiiuierutiou  isball  uot 

143  permit  other  charges  inconsistyut  with  tiu^  enjoyment  of  the  lil). 

144  erties  reserved  or  secured  by  the  Conveutiou  of  October  20,  1818. 


Article  XI. 


146  United  States  fishing  vessels  enteiing  the  ports,  bays,  and  har- 

147  bora  of  the  liJastern  and  Northeastern  o^)asts  of  Canada  or  of  the 

148  coasts  of  Newfoundhmd  under  stress  of  weather  or  other  casualty 

149  aiay  unload,  reload,  tranship,  or  sell,  subject  to  customs  laws  and 

150  regulations,  all  fish  on  board,  when  such  unloading,  transship- 

151  ment,  or  sale  is  made  necessary  as  incidental  to  repairs,  and  may 

152  replenish  outfits,  provisions  and  supplies  damaged  or  lost  by  (lis- 

153  aster;  and  in  case  of  death  or  sickness  shall  be  allowed  all  need- 

154  ful  facilities,  including  the  shipping  of  crews. 

155  Licenses  to  purchase  in  established  ports  of  entry  of  the  afore- 

156  said  coasts  of  Canada  or  of  Newfoundland,  for  the  homeward  voy. 

157  age,  such  provisions  and  supplies  as  are  ordinarily  sold  to  tratliiig 

158  vessels,  shall  be  granted  to  United  States  fishing  vessels  in  such 

159  ports,  promptly  upon  application  and  without  charge;  and  such 

160  vessels,  having  obtained  licenses  in  the  manner  aforesaid,  sliall 

161  also  be  accorded  upon  all  occasions  such  facilities  for  the  purcha.se 

162  of  casual  or  needful  provisions  and  supplies  as  are  ordinarily 

163  gr.iuted  to  the  trading  vessels ;  but  such  ^irovisions  or  supplies 

164  shall  not  be  obtained  by  barter,  nor  punihased  for  re  sale  or  traffic. 


Akticle  XII. 


160  Fishing  vessels  of  Canada  and  Newfouudhiiid  shall  have  on  the 

167  Atlantic  coast  of  the  United  States  all  the  privileges  reserved 

168  and  secured  by  this  Treaty  to  United  States  fishing  A'^essels  in  the 

169  aforesaid  waters  of  Canada  and  Newfouiulland. 


170 


Article  XIII. 


171  The  Secretary  of  the  Treasury  of  the  United  States  shall  make 

172  regulations  providing  ibr   the  conspicuous  exhibition   by  every 

173  United  States  fishing  vessel,  of  its  oflicial  luunber  on  each  oow; 

174  and  any  sudi  vessel,  required  by  law  to  have  an  official  number, 

175  and  failing  to  comply  with  such  regnlation.s,  shall  not  be  entitled 

176  to  the  licenses  provided  for  in  tln.s  Treaty. 


THE   FISHERIES   (QUESTION. 


137 


177  Such  regulations  shall  be  commuuicated  to  Her  Majesty's  Gov- 

178  ernment  previously  to  their  taking  eflfect. 


179 


A.RTICLE  XIV. 


180  The  penalties  for  unlawfully  fishing  in  the  waters,  bays,  creeks, 

181  and  harbors,  referred  to  in  Article  I  of  this  Treaty,  may  extend  to 

182  forfeiture  of  the  boat  or  vessel,  and  appurtenances,  and  also  of  the 

183  supplies  and  cargo  aboard  when  the  oftense  was  committed ; 

184  and  for  preparing  in  such  waters  to  unlawfully  fish  therein,  penal- 

185  ties  shall  be  fixed  by  the  court,  not  to  exceed  those  for  unlawfully 

186  fishing;  and  for  any  other  violation  of  the  laws  of  Grf>9t  Britain, 

187  Canada,  or  Newfoundland  relating  to  the  right  of  ashery  in  such 

188  waters,  bays,  creeks,  or  harbors,  penalties  shall  be  fixed  by  the 
1 189  court,  not  exceeding  in  all  three  dollars  for  every  ton  of  the  boat 

190  or  vessel  concerned-    The  boat  or  vessel  may  be  holden  for  such 

191  penalties  and  forfeitures. 

192  The  proceedings  shall  be  summary  and  as  inexpensive  as  prac- 

193  ticable.    The  trial  (except  on  appeal)  shall  be  at  the  place  of  de- 
1 194  tention,  unless  the  judge  shall,  on  request  of  the  defense,  order  it 

195  to  be  held  at  some  other  place  adjudged  by  him  more  convenient. 

190  Security  for  costs  shall  not  be  required  of  the  defense,  except 

1197  when  bail  is  offered.    Reasonable  bail  shall  be  accepted.    There 

198  shall  be  proper  appeals  available  to  the  defense  only ;  and  the 

1 199  evidence  at  the  trial  may  be  used  on  appeal.          ,               ?     ;  i ! 

10  Judgments  of  forfeiture  shall  be  reviewed  by  the  Governor- 

|201  General  of  Canada  in  Council,  or  the  Governor  in  Council  of 

202  Newfoundland,  before  the  same  are  executed. 


203 


Article  XV. 


1 201  Whenever  the  United  States  shall  remove  the  duty  from  fisb- 
1205  oil,  whale-oil,  seal-oil,  and  fish  of  all  kinds  (except  fish  preserved 
in  oil),  being  the  produce  of  fisheries  carried  on  by  the  fishermen 
of  Canada  and  Newfoundland,  including  Labrador,  as  well  as 
from  the  usual  and  necessary  casks,  barrels,  kegs,  cans,  and  other 
usual  and  necessary  coverings  containing  the  products  above  niou- 
tinned,  the  like  products,  being  the  produce  of  fisheries  carried  on 
|211  by  the  fishermen  of  the  United  States,  as  well  as  the  usual  and 
pl2   ueoessary  coverings  of  the  same,  as  above  described,  sliall  be  ad- 


1207 
[208 
[209 
|210 


138 


THE   FISHERIES   QUESTION. 


213  mitted  free  of  duiy  into  the  Dominion  of  Canada  and  ?"  wfound- 

214  land. 

215  And  upon  such  removal  of  duties,  and  while  the  aforesaid  ar 

216  tides  are  allowed  to  be  brought  into  the  Fnited  States  by  BritiHh  I 

217  subjects,  without  duty  being  reimposcd  thereon,  the  privilege  of 

218  entering  the  ports,  bays,  and  harbors  of  the  aforesaid  coasts  of 

219  Canada  and  Newfoundland  shall  be  accorded  to  United  States 

220  fishing  vessels  by  annual  licenses,  free  of  charge,  for  the  follow- 1 

221  .ing  purposes,  namely : 

222  1.  The  purchase  of  provisions,  bait,  ice,  seines,  lines,  aiul  all  ] 

223  ther  supplies  and  outfits ; 

224  2.  Transshipment  of  catch,  for  transport  by  any  means  of  con 

225  veyance ; 

226  3.  Shipping  of  crews. 

227  Supplies  shall  not  be  obtained  by  barter,  but  bait  may  be  so  | 

228  obtained. 

229  The  like  privileges  shall  be  continued  or  given  to  fishing  vessels  I 

230  of  Canada  and  of  Newfoundland  on  the  Atlantic  coasts  of  the  I 

231  United  States.  ' 

.232  Article  XVI. 

233  This  Treaty  shall  be  ratified  by  the  President  of  the  United  I 

234  States,  by  and  with  the  advice  and  consent  of  the  Senate ;  and  by 

235  Her  Britannic  Majesty,  having  received  the  assent  of  the  Parlia 
230  ment  of  Canada  and  of  the  Legislature  of  Newfoundland  ;  and! 
237  the  ratifications  shall  be  exchanged  at  Washington  as  soon  i 
23S  ])0S8ible. 

239  In  faith  whereof,  We,  the  respective  Plenipotentiaries,  bave| 

240  signed  this  Treaty,  and  have  hereunto  affixed  our  seals. 
2^  Done  in  duplicate,  at  Washington,  this  fifteenth  day  of  Feb^j 

242  ruary,  in  the  year  of  our  Lord  one  thousand  eight  hundred  and| 

243  eighty-eight.  ,            *;,                                    „   . 

244  ^  T.  F.  BAYAKD.                         [seal.] 

245  ^      ^  ,                  WILLIAM  L.  PUTNAM.        [seal.] 

246  '  I;                  JAMES  B.  ANGELL.              [SEAL.] 

247  i      ■(  J.  CHAMBERLAIN.                [SEAL.] 

248  '     "  L.  S.  SACKVILLE  WEST.     [SEAL.] 

249  CHARLES  TUPPEK.  [seal.] 


and  ?"  wfound- 


THE    FISHERIES    QUESTION. 


I. 


PROTOCOL  OF  FISHERIES  CONFERENCE. 


139 


b  bait  may  be  so 


Washington,  November  22,  1887. 
The  Fisheries  Conference  haviufj  formally  met,  the  Full  Powers  of  the 
[plenipotentiaries  were  exhibited  and  found  to  be  in  good  and  due  form, 
I  us  follows : 

(iROVER  Cleveland,  President  of  the  United  Slates  of  America.  To 
all  to  whom  these  presents  shall  come,  Greeting : 

Know  ye  that,  reposing  special  trust  and  confidence  in  the  integrity 
and  ability  of  Thomas  F.  Bayard,  Secretary  of  State;  William  L.  Put- 
niun,  of  Maine;  and  James  B.  Angell,  of  Michigan;  I  hereby  invest 
tlii'iu  with  full  power  Jointly  and  severally,  for  and  in  the  name  of  the 
United  States,  to  meet  and  confer  with  Plenipotentiaries  representing 
tlio  Government  of  Her  Britannic  Majesty,  for  the  purpose  of  consider- 
iuff  and  adjusting  in  a  fri,  idly  spirit  all  or  any  questions  relating  to 
)ii;lits  of  lishery  in  the  seas  adjacent  to  British  North  America  and 
Newfoundland  which  are  in  disjjute  between  the  Government  ot  the 
Tiiited  States  and  that  of  Her  Britannic  Majesty,  and  any  other  ques- 
tions which  may  arise  and  which  they  may  be  authorized  by  their  re- 
spective governments  to  consider  and  adjust;  and  1  also  fully  em- 
|iouer  and  authoriz*^  the  said  Thomas  F.  Bayard,  William  L.  Putnam, 
;iii(l  James  B.  Angell,  jointly  and  severally,  to  conclude  ami  sign  any 
treaty  or  treaties  touching  tlie  premises,  ibr  the  final  ratification  of  the 
I'resident  of  tlie  United  States,  by  and  with  the  advice  and  consent  of 
the  Heiiiite.  if  su(;li  advice  and  consent  be  given. 

In  testimony  whereof,  1  have  caused  the  seal  of  the  United  States  to 
bi'  liereuiito  affixed. 

(liven  under  my  hand  at  the  City  of  Washington  this  eighteenth 
(lay  of  November,  in  the  year  of  our  Lord  one  thousand  eight 
[seal. J   hundred  and  eighty-seven,  and  of  the  Independence  of  the 
United  States,  the  one  hundredth  an<i  twelfth. 

GRO^^ER  CLEVELAND. 
By  tlie  President: 
T.  P.  Bayard, 

Secretary  of  State. 


Victoria  R.  &  I.     ViGtoriu,  by  the  Orace  of  God,  of  the  United  King- 
\dnm  of  Great  Britain  and  Ireland,  Queen,  Defender  of  the  Faith,  Empress 

o/Inrf/Vf,  tfcc,  cC'C,  d'C.,  To  All  and  Singular  to  whom  these  Presents  shall 
\c(mc,  Greeting ! 

Whereas  for  the  purpose  of  considering  and  adjusting  in  a  friendly 
[spirit  with  Plenipotentiaries  to  be  appointed  on  the  part  of  Our  Good 

Friends  The  United  States  of  America  all  or  any  questions  relating  to 
[liKlits  of  Fisheiy  in  the  seas  adjacent  to  British  North  America  and 
pewtouiidland  which  are  in  dispute  between  Our  Government  and  that 

I't'  Our  said  Gootl  Friends,  and  any  other  questions  which  may  arise 
jwliieii  tlie  resi)ective  Plenii)otentiiuies  may  be  authorized  by  their  Gov- 
lemments  to  consider  an<l  adjust,  We  have  judged  it  expedient  to  invest 
[tit  persons  with  Full  Power  to  conduct  on  Our  part  the  discussions  iu 


140 


THE    FISHERIES    QUESTION. 


I"     'if    ''^    ! 


this  behalf.     Knew  Ye  therefore  that  We,  reposinfj;  cspeeial  trust  iini) 
conlldeiiee  in  the  wisdom,  loyalty,  ililigence,  and  circiiniNpecition  ofOnrj 
Ki^'ht  TriiKty  and  Well  beloved  Otuincillor  .loseph  ('haniberlain,  a  iMeni. 
ber  of  Our  Most  Honorable  Privy  Coun<;il,  and  a  Ai.rnber  of  Parliaiiiiin, 
&e.,  &c.;  of  ('".ir  TriiHty  an<l  Well  beloved  The  Honorable  Sir  Lionel 
Saekville  Saekville  West,  Knight  Commander  of  Our  Most  Distin  | 
{,'nished  Order  of  St.  IMicliael  and  St.  (xeor<;e,  Onr  Envoy  Extraonli 
nary   and    Minister   Plenipot«'ntiary   to  (Jur  said   Good   Friends  tli^l 
United  States  of  America,  &e.,  &c.,  and  of  Our  Trusty  and  Well  ht. 
1  )ved  Sir  Charles  Tuiiper,  Knif,'ht  Grand  Cross  of  Onr  Most  Distin 
jjuished  Order  of  St.  Michael  and  Sr.  Georye,  Com])anioii  of  Our  Most  I 
Honorable  Order  of  the  liath,  Minister  of  Finance  of  the  Dominion  | 
of  Canada,  &c.,  &c.,  have  named,  made,  constituted,  and  apitointcd, 
as  We  do»by  these  Presents  name,  make,  constitute  and  appoint  tliemi 
Our  undoubted  Plenipotentiaries:  Giving  to  them,  or  to  any  twoiif| 
theta,  all  manner  of  i>ower  and  authority  to  treat,  adjust,  and  concluilt, 
with  such  plenipotentiaries  as  may  be  vested  with  similar  i)oweruuill 
axithority  on   the   part  of  Our  Good  Friends  The  United   States  of 
America,  any  Treaties,  Conventions,  or  Ajj^reenients  that  may  teiiiltu 
the  atti'inment  of  the  above-mentioned  end,  and  to  sifjn  for  Us  and 
in  Our  Name,  everything  so  agreed  upon  and  concluded,  and  to  do  and 
transact  all  such  other  matters  as  may  a])pertain  to  the  tinisliingof  tlic 
aforesaid  work  in  as  ample  manner  and  fonn,  and  with  eipial  force  and 
efficiency  as  We  Ourseh'es  could  do  if  Personally  present:  Engaj,'ini; 
and  i>romisiiitr  upon  Our  Royal  Word  that  whatever  things  shall  ItesJ 
transacted  and  concluded  by  Our  said  Plenipotentiaries  shall  be  af^reed 
to,  acknowledged,  and  accepted  by  Us  in  tlie  fullest  manner,  and  thai| 
We  will  never  snfler,  e.cher  in  the  whole  or  in  part,  any  person  whatso 
ever  to  infringe  tlu?  same,  or  act  contrary  thereto,  as  (ar  as  it  lies  in  Oiirl 
Power.     Jn  witness  whereof  We  have  caused  the  (h-eat  Seal  of  Our 
United  Kingdom  of  Great  IJritain  and  Ireland  to  be  aflixed  to  tliew 
Presents  which  We  have  signed  with  Our  IJoyal  Ilan<l.     Given  at  Our 
Court  at  IJalmoral  the  twenty-fourth  day  of  ()crober  in  the  year  of  ()iir| 
T  ord  one  thousand  eijj;ht  hundred  and  eighty-seven,  and  in  the  tiftv 
irst  year  of  Our  Reign. 

The  Rritish  Plenipotentiaries  proposed  that  Mr.  Bayard,  Secretiuj] 
of  State  of  the  United  States,  should  preside. 

Mr.  Bayard,  while  expressing  appreciation  of  the  j<roj)Osal,  stated 
the  opinion,   in   which    the    other    United    States    Plenipotentiaiic^ 
(concurred,  that  it  was  not  necess;  ry  that  any  one  should  preside:  aiid[ 
the  proi)osal  was  permitted  to  rest. 

.Mr.  John  B.  Moore,  Third  Assistant  Secretary  of  State  of  the  United 
States,  acting  as  Secretary  to  the  United  States  Plenipotentiaries,  audi 
Mr.  ,].  U.  G.  Bergne,  C.  M.  G.,  Superintendent  of  the  Treaty  Depart  | 
ment  of  the  British  Foreign  Ollice,  acting  as  secretary  to  the  British 
Plenipotentiaries,  were  reciuested  to  make  th^  Protocols  of  the  Coiifer 
ence. 

After  some  discussion  of  questions  before  the  Conference,  it  was  ad 
journed  to  12  o'clock  m.  of  the  28th  of  November. 


THE    FISHERIES    QUESTION. 


141 


iiyavd,  Sccn'tiiin 


PROTOCOL. 

Tbo  treaty  having  been  signed  by  tlio  British  Plenipotentiaries  de- 

diro  to  state  that  they  have  been  considering  the  position  which  will  be 

ciTiited  by  the  immediate  commencement  of  the  fishing  season  before 

Itlic  Tieaty  can  jiossibly  int  ratifle<l  by  the  Senate  of  the  United  States, 

jy  the  Parliament  of  Canada,  and  the  Legislature  of  Newfoundland. 

lu  the  absence  ol  such  ratilication  the  old  conditions  which  have  given 
rise  to  80  mu(;h  friction  and  irritation  might  be  revived,  and  miglit  iii- 
tcrt'ero  with  the  unprejudiced  consideration  of  the  Treaty  by  the  legis 
l)<itive  bodies  concerned. 

Under  these  circumstances,  and  with  the  further  object  of  attbrding 
evidence  of  their  anxious  desire  to  promote  good  feeling  and  to  remove 
nil  ])ossible  subjects  of  controversy,  tlie  British  Plenipotentiaries  are 
Irciwly  to  make  the  following  temporary  anaugement  for  a  period  not 
L'X(tetMlJng  two  years,  in  order  to  afford  a  ^'^ modus  vivendi'"  pending  the 
Ratilication  of  tlie  Treaty. 

1.  For  a  period  not  exceeding  two  years  from  the  present  date,  the 
privilege  of  entering  the  bays  and  harbors  of  the  Atlantic  coasts  of 
Jaiiada  and  NewtVmndland  shall  be  granted  to  United  States  fishing 
tesselH  by  annual  Licenses  at  a  fee  of  $1^  jter  ton — for  the  following 
purposes : 

The  i)urcliase  of  bait,  ice,  seines,  lines,  ;iud  all  other  supplies  and 
biittits. 
Transshijunent  of  catch  and  shipping  of  crews. 

2.  If  during  the  contiiuiance  of  this  arrangement,  tiie  United  States 
kliouhl  remove  the  duties  on  lisLi,  fish-oil,  whale  and  seal  oil  (and  their 
poveriugs, packages, &c.,),  the  said  Licenses  shall  beissued  freeof  charge. 

.1.  United  States  fishing  vessels  entering  the  bays  and  harbors  of  the 
Atlantic  coasts  of  Canada  or  of  Newfoundland  for  any  of  the  four  pur- 
boses  mentioned  in  Article  L  of  the  Convention  of  October  20,  1818, 
kiid  not  remaining  therein  more  than  twenty-four  hours,  shall  not  be 
te(|uired  to  enter  or  clear  at  the  custom  house,  providing  that  they  do 
pot  conmuinicate  with  the  shore. 

4.  Forfeiture  to  be  exacted  only  for  the  off"ences  of  fishing  or  prepar- 
ing to  fish  in  territorial  -waters. 

5.  This  arrangement  to  take  effect  as  soon  as  the  necessary  measures 
ftii  be  completed  by  the  Colonial  Authorities. 

J.  CHAMBERLAIN. 
L.  8.  SAOKVILLE  WEST. 
CHARLES  TUPPEE. 
Washington,  February  Vifl^^, 


'n:f  :t 


142 


THK   PIBHERli  ^   QUB8TIOM. 


PROTOCOL. 

The  American  Plenipoteotiaries  having  received  the  conimunicatioDl 
of  the  British  Plenipotentiaries  of  this  date  conveying  their  plan  for 
the  administnitiou  to  be  observed  by  the  Governments  of  Canada  and 
Newfoundland  in   respect  of  the  Fisheries  during  the  period  whicb 
may  be  requisite  for  the  consideration  l>y  the  Senate  of  the  Treaty 
tbis  <h>y  signed,  and  tlie  enactment  of  the  legislation  by  the  respect 
ive  (jrovernmeuts  therein  i)ropo8ed,  desire  to  express  their  satisfaction  | 
with  tills  manifestation  of  an  intention  on  the  part  of  the  British  I^ieiii 
poteutiaries,  by  the  means  referred  to,  to  maintain  the  relations  of  good! 
neighborhood  between  the  British  Possessions  in  North  America  and 
the  United  States  ;  and  they  will  convey  the  commuiiicatir  i  of  the  Brit 
ish  Plenipotentiaries  to  the  President  of  the  United  btates,  witliaj 
recommendation  that  the  same  may  be  by  him  made  known  to  the  Sen 
ate  for  its  information,  together  with  the  Treaty,  when  the  latter  is  sub  | 
mitted  to  that  body  for  ratiticatiou. 

T.  F.  BAYARD. 
WILLIAM  L.  PUTNAM. 
JAMES  B.  ANGELL. 

WOfahingtonf  February  15,  1888. 


■I  ■ 


Vl^-' 


,\\'.>:':  i'^y. 


T?*»i'-^;^- 


House  Ex.  Doc.  No.  84,  Forty-sixth  Congress,  second  session. 


ALLEGED  OUTEAGE  AT  FORTUNE  BAY,  NEWFOUNDLANn. 


MESSAGE 


FROM    TIIK 


PRESIDENT  OE  THE  UNITED  STATES, 


TUAXSMITTINO, 


r  *i '.:  ■ 


In  compliance  with  a  resolution  o/tht  House  of  hcprescntativcs,  the  corre- 
spondence with  the  Government  of  Great  Britain  i,;,  regard  to  the  alleged 
outrage  vpon  American  fishermen  at  Fortune  Bay,  Newfoundland. 


May  17,  ISSO. — Uoferrod  to  tho  Coiuiuitteo  ou  Foroi;;ii  Ad'airs  and  ordered  to  bo  prin  ted. 


To  the  House  of  Representatives : 

In  compliance  with  the  resolution  of  the  House  of  llepiesentatives  of 
[thii  I'Ttli  ultimo,  calliii}?  for  coi)ies  of  the  correspondence  with  the  Gov- 
Ui'iiint'iit  of  Great  Britain  in  regard  to  the  alleged  outrage  upon  Amer- 
ican liflu'imen  at  Fortune  Bay,  in  the  province  of  Newfoundland,  I 
tiaiisiiiit  herewith  the  correspondence  called  for,  and  a  report  from  the 
[Sccn-tary  of  State  on  the  subject. 

Ill  tninsinittiug  this  correspondence  and  the  report,  I  respectfully  ask 
|tlie  iiniuediato  and  Cfireful  attention  of  Congress  to  the  failure  of  accord 
Ix'twcen  the  two  Governments  as  to  the  interpretation  and  execution  of 
jtlie  tisliery  articles  of  tlie  treaty  of  Washington,  as  disclosed  in  this  cor- 
jresiioiHlence  and  elucidated  by  the  exposition  of  the  subject  by  the  Sec- 
jretaiy  of  State. 

1  (toiicur  in  the  opinions  of  this  report  as  to  the  measures  proper  to  bo 

[taken  by  this  Government  in  maintenance  of  the  rights  accorded  to  our 

ilislicinien  by  the  British  concession  of  the  treaty,  and  in  providing  for 

Suitable  action  towards  securing  an  indemnity  for  the  injury  these  in- 

itercsts  have  already  suffered. 

Accordingly  1  recommend  to  Congress  the  adoption  of  these  meas- 
ures, with  such  attendant  details  of  legislation  as  iu  the  wisdom  of  Con- 
gress shall  seem  expedient. 

R.  B.  HAYES. 
Washington,  May  17, 1880. 

143 


nr 


144 


ALLEGED  OUTUAGE  Ul'ON  AMEKICAN 


lEUMEN. 


"if '' ;' 


N'-'" 


Department  of  State, 
Watihingtun,  May  17,  1880. 
To  the  President  ;  . 

The  Secn'tiuy  of  State,  to  whom  wore  rcforrod  tlio  rcHolntion  of  the 
House  of  Keprt'Hontatives  of  the  27th  of  April,  ultimo,  requestiuf,' the 
rresident,  "if  not  incouHistent  with  the  jiuWUc  interest,  to  transmit  to 
tliis  I  louse  copies  of  all  corresponcU'iHie,  not  now  cominuni(!ate<l,  witli  the 
English  Government  relating  to  tlie  alleged  interferenee  witii  American 
fishermen  in  Fortune  Bay,  on  theOth  of  January,  1878,"  ami  a  resolution 
of  the  Senate  of  the  28th  of  the  same  month  on  the  same  sul>jt;(!t,  lias 
the  honor  to  lay  before  the  President  the  corres|)oiidon(!e  as  calhid  lor, 

In  connection  with  these  papers,  and  for  the  better  understanding  of 
the  subject  to  which  this  correspc  idence  relates,  [  submit  for  your  con- 
sideration the  valuable  report  of  Collector  F.  J.  Babson  and  Allrcd  1), 
Foster,  esq.,  of  their  visit  on  board  the  naval  steam-ship  KearHitrtfc  to  the 
provincial  inshore  fisheries  under  the  instructions  of  the  Depiirtiiient 
(luring  the  sunimer  of  last  year,  as  well  as  their  instructions  under 
which  this  cruise  of  the  Kcarxarge  was  i)lanned.  This  correspondence 
with  the  British  (Jovernment,  and  this  intelligent  exposition  of  tlie 
attempted  exercise  by  our  fislu^inen  of  the  freedom  of  the  inshore  fish 
eries  as  secured  to  them  by  the  treaty  of  Washington,  whoso  violent 
interruption  gave  occasion  to  this  disiuission  between  the  two  govcni' 
ments  of  the  true  measure  of  this  treaty  right,  will,  it  is  believed,  with 
the  record  of  the  proceedings  of  the  Halifax  commission,  and  the  cor  I 
respondence  and  protest  which  preceded  and  attended  our  payment  of  | 
the  award,  furnish  complete  materials  upon  which  the  judgment  of  CoU' 
gress  can  bo  formed  and  its  action  determined  in  the  juncture  of  thisi 
fishery  contention  now  demanding  its  serious  consideration. 

The  very  grave  occurren(!e  at  '       une  Bay  in  January,  1878,  was  I 
brought  by  me  to  the  attention  of         'British  (lovernment:  in  March  of 
that  year,  with  the  view  of  obtaii....„  tedress  for  our  fishermen  for  the 
gross  violence  and'serious  loss  they  suffered  in  their  expulsion  from  this 
inshore  fishery  which  they  were  i>rosecuting  under  the  treaty  of  Wash 
ingtou.    The  reply  of  the  British  Government  did  not  reach  me  until 
September  4  of  that  year.    It  disclosed  possible  grounds  for  the  rejection 
of  our  claims  which  put  uimmi  our  rights  in  the  inshore  fisheries  such 
limitations  of  subserviency  to  British  provincial  or  imperial  legislation! 
as  seemed  to  me  wholly  inadmissible.    These  grounds  were  thatourl 
fishermen  were  pursuing  their  industry  on  Sunday,  contrary  to  a  law  of  I 
Newfoundland,  passed  subsequent  to  the  treaty  of  Washington;  that! 
they  were  using  seines  to  take  herring,  contrary  to  a  law  of  Newfound[ 
land  proscribing  that  method  of  fishing  for  the  six  months  of  theyearj 
between  October  and  April;  that  they  were  using  such  seines  in  ainanf 
ner  prohibited  at  any  season  of  the  year  by  a  statute  which  precludcdj 
catching  herrings  by  means  of  seines  "except  by  way  of  shooting  anil| 
forthwith  hauling  the  same." 

In  communicating  the  report  of  the  evidence  which  was  intended  toj 
show  the  time  and  manner  at  and  in  which  our  flsherme.i  were  pursuinjl 
their  right,  as  a  justification  for  their  interruption  in  it,  Lord  SalisburTl 
observed:  "You  will  perceive  that  the  report  in  question  appears  toj 

■  demonstrate  conclusively  that  the  United  States  fishermen  on  this  occa  [ 
sion  had  committed  three  distinct  breaches  of  the  law."  To  this  intiina  I 
tion,  even,  that  the  freedom  of  the  fishery  accorded  by  an  imperial  trcatjl 
either  had  been  subtracted  by  past  or  could  be  curtailed  by  future  pi*! 
vincial  legislation,  I  lost  no  time  in  oi)posing  an  explicit  and  uncondif 

■  tioual  rejection  of  such  an  interpretation  of  the  treaty.    lu  a  dispatclij 


■';'■    '  t 


MKN. 


ALLEGED   OUTRAGE   UI'ON   AMERICAN   FISHERMEN. 


145 


State, 
fay  17, 1880. 

iolution  of  the 
requestiiifj  the 
to  transmit  to 
mited,  with  tlie 
with  AnuMican 
11(1  a  resolution 
ne  sul))ei!t,  'las 
«  as  calUnl  lor, 
nU'rstaiulinfjof 
lit  for  vourcou- 
ami  Alfred  1). 
fve(jr««»Y/6' to  tliB 
he  Department 
•ructions  under 
correspondence 
position  of  the 
;lie  inshore  flsli 
1,  whoso  violent 
the  two  govern- 
s  believed,  with 
)n,  and  the  cor- 
our  payment  of 
Lidsment  of  Con- 
juncture of  tbis 
ition. 
I  nary,  1878,  was 
lent  in  March  o( 
ishermen  for  the  I 
.)ulsion  from  tliij 
treaty  of  Wash 
it  reach  me  until 
for  the  rejection 
•e  fisheries  snch 
)erial  legislatioDi 
ds  were  that  our 
[trary  to  ahiwof 
ashington;  tbai 
[xw  of  Newfoiuul- 
[Uths  of  the  year 
seines  in  a  man- 1 
which  precliKledl 
of  sliooting  anil 

Was  intended  to 

1.1  were  purauin? 

[,  Lord  Salisbury 
stion  appears  to| 

Inen  on  this  occa 

To  this  iutinia- 

lii  imperial  treatvl 

f(l  by  future  ])» 

sit  and  uncomlil 

lu  a  (lispatcli 


to  Mr.  Welsh,  on  the  28th  of  September,  I  commuuicuted  to  the  British 
Oovernineut  the  views  of  this  Governiueut,  as  follows: 

Id  thiH  cuHorvution  of  Lord  SnliHhiiry  thia  Oovoriimeiit  cuniiot  fail  to  non  n  necoH- 
wiry  implication  that  IK>r  MttjcHty's  Govurninout  conceivus  that  in  tho  pro.swiitioii  of 
tiiti  riniit  oftlHliiun  acconUid  to  the  lliiitod  StutcH  Uy  Article  XVHI  of  the  tni;ity,  our 
liHlit)riiii'>n  lire  Hiibject  to  tho  loual  ro(;iilatioiiH  which  govern  the  coiiNt  i)0|iiilutioii  of 
Nt)wriiiiii"lliiiiil  in  their  pro8ecntion  of  their  tiHhiu^  indiiHtry,  whatever  thono  rej;ula- 
tidiiH  itiiiy  •>•'(  "»<l  whether  enacted  before  or  since  tho  treaty  of  WuHhiiitjton. 

Tii«  tlirie  particulars  in  which  our  tlMliernkeu  are  stip])osed  to  lie  couHtrained  liy 
iictiml  Itfjlslationof  the  province  cover  iu  principle  every  decree  of  rejjnlation  of  onr 
IJHliiiij;  iii<lii-'*try  within  the  tliree-niile  line  which  can  well  bo  c«)nccived.  JJnt  they 
iirc  ill  tliiMnHelves  ho  important  and  so  serious  alinutation  of  the  riKlitN'se(Mired  by  tlie 
trciity  iiH  practically  to  exclude  our  tishermen  from  any  protitable  pursuit  of  tho  ri^ht, 
wiiicli,  I  need  not  add,  is  equivalent  to  annulling  or  canceliuKt  by  the  provincial 
m)V(Tiiiiieut,  the  privilejfe  accorded  hy  the  treaty  with  the  British  Government. 

If  (lur  liMhinK-lleet  is  subject  to  thn  Sunday  laws  of  Newfoundland,  made  for  tho 
(iiiist  poi)ulation ;  if  it  is  excluded  from  tho  tishing-grounds  for  half  the  year,  from 
j  Octolmr  to  April;  if  our  "seines  and  other  contrivances"  for  <ratciiin>;  lish  are  subject 
to  till)  le^^ulatiuns  of  the  le^rislaturo  of  Newfoundland,  it  is  not  easy  to  see  wliat  lirm 
I  or  vnhialile  mea-sure  for  the  privihige  of  Article  XVIII  as  conceded  to  the  United  States 
tiiiH'dovernnient  can  promise  to  irs  citizens  under  tlie  (fiiiirantee  of  the  treat}'.     It 
I  would  not  under  any  circumstances  be  admissible  for  one  jroveriiinent  to  subject  the 
hierHoiiH,  the  property,  and  the  interests  of  its  iiHherineu  to  the  unref;;nlated  regulation 
luf  nnotlirr  govern<iu-nt  upon  the  snggestioa  that  hi\.i\  authority  will  uot  be  oppress- 
lively  or  capriciously  exercised,  nor  would  any  government  acc(tpt,  as  an  ade<|uate 
Igiiiirai'ti'e  of  the  proper  exercise  of  such  authority  over  its  citizens  by  a  foreign  gov- 
li'mmuiii  that,  t)i'esumptively,  regulations  would  be  iinif<Tni  in  their  operation  upon 
'the  Niibjt'cts  o!'  both  goverDiiiouts  in  similar  case.    If  there  are  to  be  regulations  of  a 
Icoiniiioii  e  >,j<iymeut,  they  must  bo  authenticated  by  a  common  (u- joint  authority. 

But  iiioHt  manifestly  the  subject  of  the  regulation  of  the  enjoyment  of  the'shoro 
|(i»li«ry  l)y  the  resident  provincial  population,  and  of  the  inshore  iishery  by  our  fleet  of 
ItixliinK  (TiiiHcrs,  does  n<>t  tolerate  the  control  of  so  divergent  and  competing  interests 
liiy  tlie  domestic  legisla*  on  of  '  'lo  provinces.     Protecting  and  nursing  the  domestic  in- 
Ifrrcst  at  tho  expense  of  the       oign  interest,  on  the  ordinary  motives  of  human  cou- 
idiii't,  necessarily  shape  and  .uiimate  the  local  legislation.    The  ovidence  before  the 
lliulirax  commission  makes  it  obvious  tha^  ts  c::''.ludo  our  fishernion  from  catching  bait, 
land  thus  compel  them  to  go  without  bait,  or  bny  bait  at  the  will  and  price  of  the 
Ipruviiiciiil  tishermen,  is  the  interest  of  the  local  tishermen,  and  will  ho  the  guide  and 
luioti\  (>  of  such  domestic  legislation  as  is  now  brought  to  the  notice  of  this  government. 
[  You  will  therefore  say  to  Lord  Salisbury  that  this  government  can  not  but  express 
Its  eDtirt)  dissent  from  the  view  of  the  subject  that  his  lordship's  note  seems  to  indi- 
cate.   This  government  conceives  that  the  fishery  rights  of  the  United  States,  con- 
jceded  hy  the  treaty  of  Washington,  are  to  be  exercised  wholly  free  from  the  restraints 
(nrt  leiju.'ations  of  the  statutes  of  Newfoundland^  now  set  up  as  authority  over  our 
Bshcniion,  and  from  any  other  regulations  of  fishing  now  in  force,  or  that  may  here- 
ifter  be  o^acted  by  that  government. 

It  may  bu  said  that  a  just  participation  in  this  common  fishery  by  tho  two  parties 

kntitled  th-jreto  may,  iu  the  common  interest  of  preserving  the  fishery  and  prevent- 

liigconflictn  between  the  fishermen,  require  regulation  by  some  competent  authority. 

Tliiit  may  be  conceded;  but  should  such  occasion  present  itself  to  the  common  appro- 

blatioii  of  till)  two  governments,  it  need  not  be  said  that  such  competent  authority  can 

pnly  bo  found  in  a  joint  convention  that  shall  receive  the  approval  of  Her  Majesty's 

Bovernmout  and  our  own.     Until  this  arrangement  shall  be  consummated,  this  gov- 

krmnent  must  regard  the  pretension  that  the  legislation  of  Newfoundland  can  regu- 

ato  our  fishermen's  enjoyment  of  the  treaty  right  as  striking  at  the  treaty  itself. 

It  asserts  an  authority  on  one  side  and  a  submission  on  the  other,  which  has  not 

been  proposed  to  us  by  Her  Majesty's  Government,  and  has  not  been  accepted  by  this 

lovernmcnt.     I  can  not  doubt  that  Lord  Salisbury  will  agree  that  the  insertion  of 

Iny  such  el  3meiit  in  the  treaty  of  Washington  would  never  have  been  accepted  by 

Ibis  i;overninenv,  if  it  could  reasonably  be  thought  possible  that  it  could  have  been 

Iroposed  by  Her  Majesty's  Government.    The  insertion  of  any  such  proposition  by 

onstruction  now  is  equally  at  variance  with  the  views  of  this  government. 

The  representation  made  to  this  government  by  the  interests  of  our  citizens  affected 

bve  no  room  to  doubt  that  this  assertion  of  authority  is  as  serious  and  extensive  in 

Ir'.ct'cal  relationn  as  it  is  in  principle.    The  rude  application  made  to  the  twenty 

lewis  in  Fortune  Bay,  of  this  asserted  authority,  in  January  last,  drove  them  from 

p  profitable  prosocution  of  their  projected  cruises.    By  the  same  reason  the  entire 

pbore  fishery  is  held  by  us  upon  the  same  tenure  of  dependence  upon  the  Parliament 

^  the  Dominion  or  the  legislatures  of  the  eeveral  provinces.  « 

•  •  •  *»  «  * 

S.  Ex.  113 10 


14G 


ALLEGED   OUTRAGE    UPON   AMEUICAN    FISHERMEN. 


lu  the  opinion  of  this  Government,  it  ia  essontial  tliat  we  slioulil  at  onco  invito  tin 
iiltintion  <)(■  Lord  Salisbury  to  t'.o  qucHtion  of  provincial  control  over  the  tiBluuinen  of 
llie  United  Htates  in  tlKsir  prosecution  of  the  privilege  aicnred  to  them  by  the  treaty. 
Ho  Ki'iive  a  (iiii'Ntion,  in  its  liearinj;  -.ipon  the  ooIij;!>tioiiH  of  this  Government  nnrturtlie 
treaty,  makes  it  nticessary  that  the  President  should  ask  from  Iler  Majesty's  Gov. 
ernment  a  frank  avowal  <.i  disavowal  of  the  ))aranu)nnt  authority  of  i)rovincial  legij. 
laton  to  re;;ulate  the  enj(>yment  by  our  i>eoi)lo  of  the  inshore  fishery,  which  seems  to 
be  intinuited,  if  not  asserted,  in  Lord  Salisbury's  not»\ 

Before  the  receipt  of  a  reply  from  Her  Majesty's  (Jovei  nment,  it  would  be  i)reniature 
to  consider  what  should  be  tlie  course  of  this  Ciovcrninent  should  this  limitation  iipun 
the  treaty  jtri  vilejjes  of  the  United  States  bo  insisted  upon  by  the  British  Govcrumciii 
as  their  construction  of  the  treaty. 

ill  answer  to  thin  u'nequivocjiil  preseiitatioii,  both  of  tbe  freetloiii  ot'tlie 
tisliery  as  this  Govcnuiient  iiiteipretoti  the  coticessioii  of  the  treaty,  and 
ot  the  absohire  suppression  of  this  treaty  ri^ht,  as  a  matter  of  practical 
value  to  oiir  lishennen  by  this  actual  provincial  lef-islation,  Lonl  Sails 
bury  replied  with  less  distiiKitness,  no  doubt,  but  yet  in  a  sense  wliiclil 
could  not  but  regard  as  disdainnng  any  rif;ht  to  qualify  the  treaty  by 
municipal  lefiislatioii  previous  or  siibsetiuent  to  its  date.  Afteriiitl  I 
uniting  a  dissent  from  the  doctrine,  if  I  had  intend«!d  to  assert  it,  "that 
no  IJritisli  authority  has  any  right  to  pass  any  Mud  of  law  biiuliug 
Ameiicans  who  are  tishing  in  IJritish  waters,"  Lord  Salisbury  says: 

On  the  oth;'r  hand,  Ih^r  Majesty's  (Joverntnent  will  rerdily  admit  what  is,  iiuU'id, 
(■elf-t!videiit,  that  British  sovereignty,  as  ngards  these  matters,  is  limited  in  iisHfopel 
by  the  enyagements  of  th^^ 'I'leaty  oi'  Washington,  which  can  not  be  modi'icil  oraf- 
ietite.i  by  any  inuni('i|ial  U-gislation.     1  can  not  anticipate  that  with  n^gard  totlicnel 
l»rincii)leH,  iiny  dift'erencc*  will  lie  found  to  exist  lietwecn  the  views  of  tins  two  Govcmi- 
meuts.      If,  however,  it  im  admitted  that  the  Newfoundland  legislators  have  the  ri^lit  I 
of  binding  Americans  who  (ish  within  their  waters,  by  any  laws  which  do  not  contra- 
vene existing  treaties,  it  mi'Ht  further  be  considered  that  the  duty  of  <leterininin|,' tlie 
«'xistence  (if  any  such  coniravcnlion  must  be  undei.akcn   by  th>'  GovernnientH,  and  [ 
can  not  lit<  remitted  to  the  discretion  of  each  individual  fisherman,  for  sticii  a  discn- 
tion,  if  exeieised  on  one  side,  ciin   hardly  be  refused  on  the  other.     »     »     «    |||[| 
Miijesty"s  (loverniiient  iu'efer  the  view  tiiat  the  law  enacted  by  the  legislature  of  tlwl 
conulrv,  whatever  it  may  be,  ought  to  l)e  obeyed  by  natives  and  foreigners  alike  wlw I 
are  sojourning  witliin  the  ti'rritiuial  limits  of  its  jurisdiction,  bnt  that  if  a  lawbflil 
been  inadvertently  passed  which  is  in  any  degree  or  resptjct  at  variance  wit li  rijjhis I 
confevred  on  a  loreign  power  by  treaty,  the  correction  of  the  mistake  as  committed, I 
at  the  earliest  period  after  its  existence  shall  have  been  ascertained  and  recognized,  is  I 
a  nnitterot  iiiternntionai  obligation. 

This  dis|)atcli  was  receivevl  by  me  in  November,  and  on  the  23d  of  I 
same  month  the  {)ayment  of  the  award  of  the  Halifax  Commission  wasl 
made  at  the  date  provided  in  the  treaty.  The  further  consideration  ofj 
the  Fortune  Bay  claims  seemed  to  require  only  the  veritica*^ion  of  the  I 
facts  on  the  part  of  oui  claimants,  so  far  as  they  were  drawn  in  questloiil 
by,  or  were  at  variance  with,  the  rejtort  made  to  the  British  GoverinueDtl 
by  its  olHcers,  and  the  communication  to  that  Government  of  the  rcstiltsl 
as  linaily  insisted  ui)on  by  us  as  the  basis  and  measure  of  our  claim8,[ 
The  corresiK;ndence  called  for  by  Congiess  and  now  submitted,  shows tliel 
entire  rejection  of  the  claims  on  the  grounds  set  forth  in  Lord  Salisburj's| 
dispatch  of  the  .'id  of  April  last. 

Before  considering  the  main  proposition  of  the  British  GovernineiitJ 
by  which  a  direct  and  flat  denial  of  the  freedom  of  the  inshore  lisberlesj 
as  claimed  by  this  Government  is  interposed,  t  need  to  bring  to  atteDj 
tion  two  subordinate  pretensions  of  Lord  Salisbury's  dispatch  intendedj 
to  fortify  his  main  proposition. 

It  appeared  that  in  the  iuanagement  of  one,  at  least,  of  the  seines  atl 
Fortune  Bay  our  fishermen  had  used  the  strand  for  a  temporary  servicoj 
in  the  process  of  inclosing  the  school  of  herring  within  the  seine.  Thill 
incident  in  the  operation,  in  the  original  correspondence  as  in  the  trans^j 
a^tiou  itself  »  merp  subordioate  feiityre  of  tHe  process  yf  scioing  cowl 


iMEN. 


ALLEGED    OUTliAGE    Ul'ON    AMERICAN    hlSIIERMEN. 


147 


it  once  invito  tie 
r  t he  tishminen o( 
em  by  the  treaty, 
rniiMMit  uudtTtlie 
if  Majesty's  Gov- 
fprovineial  lt'j,'is. 
y,  which  seems  to 

)iihl  bo  j»rcnmtiire 
is  liiiiitatioii  upun 
ritish  Goverumeiii 

I  freedom  of  the 
tlio  ti'eaty,  and 
iter  ot"  practical 
ion,  Lord  Sulis 
a  sense  whidil 
y  tlie  treaty  by 
tte.  After  inti- 
assert  it,  "tliati 
of  law  biiuliug 
isbury  says: 

lit  wliat  is,  iink'i'd, 
limited  in  il^s8t'npe| 

1)0  uunli'ied  eraf- 
itli  refjard  to  tin*  \ 
ot  the  t\v«)  GdVKii- 
itors  have  the  rijflit 
iiich  do  not  contra- 
of  detormiiiiii>,'tlic 

Goveruiiieiits,  mid 
11,  for  such  a  discn- 
her.     *     •     *    Hit 

0  legislature  of  tk 
oroignoi's  alike  wlio  I 
t  th<it  if  a  law  \m\ 
iirianco  with  v\^\\\i\ 
itako  as  coinniitted,! 

1  and  recognized,  is  I 

in  the  23a  of  the  I 
Innnnission  was! 
Icousideratioii  ofl 
iritlca^ion  of  tlie| 
•awn  in  question 
ish  Govermuentl 
?ntof  theresiiltsl 
-e  of  our  claiinsJ 
litteil,  shows  the! 
lOrd  Salisbury'sj 

^h  GoverumeiitJ 
inshore  tislierie«| 
[y  bring  to  attenf 

spateh  intendeij 

of  the  seines  al| 

jmporary  serviMJ 

the  seine.    Thi!! 

as  in  the  tnm 

lof  seining  m 


nliiiiie('.  of,  is  ''ow  made  prominent  in  the  dispatcdi  of  Lord  t^-alisbury. 
Tiii'ie  l.i'iiij,  no  aUegaticu  that  this  use  of  tlio  strand  violates  any  pro- 
viiidal  rej^idation  of  the  fisheries,  the  point  is  made  that  the  freetloin  of 
tlio  naileries  accorded  by  tlio  treaty  itself,  in  terms,  excludes  our  lisher- 
ineii  from  tliis  incidental  use  of  the  strand  in  the  process  of  takin;?  fish 
by  seines.     A  true  interpretation  of  the  treaty  (loncession  .t:;ives  no  su|)- 
nort  to  tliis  |)retension.    The  concession  of  fishiiif^:  is  -'to  take  lish  ot 
evcj'v  kird,  except  shellfish,  on  the  sea  coasts  and  sir  v.v,  iiiid  in  the  bays, 
li.iihor.s,  and  creeks  of  tlic  i>rovincea    *     *,     with*. ill  beiii}^'  restri(;ted 
I  to  any  distance  from  the  shore."     Besides  this  <'«)n<'essioiM>f  lisliiiiff, 
wiiidi  manifestly  (iovers  the  use  of  the  strand  in  tli<'  process  of  talcimi 
i  lish,  11  fiutlier  p(  rmisti(jn  to  land  upon  the  coasts  ami  sliores  is  coiicedecl 
|t()  oiu'  iisliermen  for  the  independent  purpose  of  iisinj;  the  land  for 
'diyiiij,'  their  nets  and  c»:rin};  their  fish." 
Tlic  contention  seems  to  be  that  because  specifu;  permission  to  use  the 
lliiiid  for  purposes  nj)t  iiiduiled  in  f'c  process  of  ''takiii;^'  lish  "is  }>iven 
ill  tenns,  therefore  the  iise  of  the  strand  in  the  process  of  "takiiij--  tish" 
iscicliuled,  thoui;h  in  the  nature  of  tl»e  i)rocess  of  taking  lisli  the  tem- 
poiaiy  use  of  the  strand  in  nuinaginp-  tiie  seines  is  a  part  of  inshore  lish- 
i<;.    Tiiis  faulty  reasonin<f  is  not  helped  at  all  by  tlu^  proviso  of  tiui 
jtivaty,  that  our  Iisliermen,  in  nsinf?t!ieir  rij^fhton  shoie,  shall  not  "inter- 
fore  with  the  rifjhts  of  privatis  property  or  witii  Hrifish  (ishennen  in  tlie 
piiiceable  use  of  any  part  of  the  said  coasts  in  their  occupancy  for  thc^ 
8;iiiie  ijni])ose."     If  this  proviso  does  not  incliule  the  use  of  the  stran<l 
ill  takiiijj:  fish,  it  does  not  qualify  the  lishinjjf  concession.     If  it  does  in- 
jcliulc  tiiat  use  of  the  strand,  then  it  construes  such  use  as  within  the 
Ilisliiiig;  (loiKM'ssion,  and  (pialities  it  by  the  observance  of  pii  vate  proi)eity 
oil  siiore  and  noninterference  with  British  fishermen  using  the  strand 
Jill  their  fi.>'hing. 

Lord  Siilisbiiiy's  reference  to  the  argument  of  Mr.  Foster  before  the 
[Halifax  Commission,  on  the  independent  subject  of  the  commercial 
jpiivilegcs  f«ir  which  the  British  case  demanded  compensation  in  the 
Lnvaids  (and  wliich  were  rejected  by  the  Commission  as  not  within  the 
Ipiirview  of  the  treaty),  ibrthe  doctrinesof  this  Governm6ntin  regard  to 
[the  use  of  the  strand  as  an  incident  of  the  inshore  fishery  concession 
liu'eds  no  serious  comment  here.  If  the ''case"  of  either  Government 
Icmiid  fairly  lie  referred  to  as  maintaining  proi)ositions  to  which  it  should 
Ibe  iield  in  tnis  contention,  the  special  arguments  ;f)jv>  and  c<m  of  counsel 
lean  not  iiseluliy  bo  I'esorted  to  for  this  ])urpose. 

ill  this  interlocutory  argument  on  the  <!oinmercial  question,  the 
JJritisli  counsel,  in  answering  Mr.  Foster,  maintained  the  opposite  (ion- 
^tnietioii  of  the  treaty.  Neither  view  had  any  important  relation  to  the 
subject  tiien  under  discussion. 

The  second  topic  of  Lord  Salisbury's  dispatch,  from  which  aid  is 
fioiight  lor  his  main  proposition,  is  the  presentation  of  Mr.  Marcy's  cir- 
[eular  to  the  collectors  of  custoTiis,  while  the  reciiirocity  treaty  was  in 
force,  for  jiroi'iulgation  among  our  lishermeu,  the  whole  text  of  which 
liWd  Salisbury  incorporates  in  his  note. 
Ill  tlie  lull  copy  of  this  circular,  which  is  appended  (No.  .0)  to  the 
piltsoii  and  Foster  report,  the  fishery  regulations  of  the  provinces  to 
Miich  it  relates  are  recited,  and  a  reference  to  these  is  sullicient  to  dis- 
|)la:caiiy  inference  that  this  Government  has  assented  to  any  curtail 
Jiieiit,  past  or  previous,  by  provincial  legislation,  of  the  freedom  of  the 
|iisIioi(^  fishery,  as  conceded  to  our  fishermen  by  the  terms  of  the  reci- 
Vocity  Iresity  or  the  treaty  of  Washington.  (Jne  of  these  regulations 
[elates  to  the  demarkation  of  "gurry  grounds,"  and  the  other  to  the 


148 


ALLEGED    OUTKAUE    UPON    AMERICAN    FISHERMEN. 


tr\ 


reservation  of  spawning  grounils,  during  tbo  spawning  season,  iVomin. 
vasion.    "  Ciurry,"  or  tbe  ottal  of  iisli,  was  supi)osed  to  infect  tlie  waters, 
and  the  regulation  was  not  of  the  right  of  taking  iish,  but  of  poisoning  I 
them.     The  care  of  the  si)awning  beds  in  spawning  sesison,  in  ijkJ 
manner,  was  a  regulation  of  tlie  breeding  of  Iish,  not  a  regiihition  of  inodeJ 
of  American  tishing.    Both  these  reguUitions  met  the  approval  of  this 
Government  and  were  re<iuired  by  Mr.  Marcy  to  be  respected  bydm 
tishermen,  for  tins  reason,  and  in  the  sense  of  being  within  the  reason. 
able  province  of  local  civil  jurisdiction,  and  not  encroaching  uimii  the 
])rovince  of  freedom  of  the  fishery  as  imparted  by  the  reciprocity  troiity; 
But  the  right  of  this  Government  to  inspect  all  such  laws  and  ynisA 
upon  tliem  as  falling  one  side  or  the  other  of  the  line  thus  tinnly  drawn 
is  explicitly  stated  by  Mr.  Marcy.     Jle  says,  "should  they  b(;  so  franittl 
or  executed  as  to  make  any  discriuiination  in  favor  of  British  lishernit'ij 
or  to  impair  the  riglits  secured  to  American  fishermen  by  that  treaty, 
those  iii.juiiously  affected  by  them  will  appeal  to  this  GovernnuMit  ior 
redress."     A(;cordingly,  the  lisheraien  are  directed  to  make  complaint,! 
upon  tlie  cas'.^  arising,  either  in  respect  to  any  law  or  its  execution, ''inl 
order  that  the  matter  may  be  arranged  by  the  two  Governments." 

The  i>osition  of  this  Government,  as  laid  down  in  my  dispatch  otSeH 
tember  L*8,  l«S7b,  is,  tiierefore,  unembarrassed  by  any  attitude  in  thiJ 
contention,  heietofore  taken  in  any  diplomatic  discussion  of  paralkJ 
treaty  engagements.  Any  particular  interpretation  of  the  treaty  astol 
the  right  to  use  the  strand  in  tishing  with  sei:;cs,  ceases  to  be  of  sijiiiifij 
cance,  in  the  issue  now. joined  with  the  British  Government,  because 
l)rovincial  laws  in  question  ])rohibit  the  use  of  tiie  seines  at  all,  and  thel 
nniin  proposition  of  the  British  Government  subjects  our  treaty  riglits tJ 
such  legislation.  So,  too,  the  scope  of  this  main  proi)osition  c;ui  k\ 
neither  obscured  nor  confused  by  the  irrelevant  consideration  of  thtj 
local  jurisdiction,  within  tliree  mile.s  of  the  shore,  over  jiersons  or  i)rflii.[ 
erty,  of  the  running  of  civil  or  criminal  jn'ocess,  of  health  or  police  rejinl 
lations,  of  territorial  sovereignty  in  the*  abstract.  The  issue  betwml 
the  two  Governments  is  as  to  what  regulations  of  the  freedom  of 
fishery,  in  the  very  nuitter  of  the  time  and  manner  of  taking  fish,  reniiiiiil 
a  part  of  British  sovereignty  over  the  fishery,  under  the  color  of  soverj 
eignty  over  the  place,  when  exclusive  sovereignty  over  the  fishery 
been  i)arted  with  by  Great  Britain,  and  a  participation  in  such  tislicryl 
has  been  ac(]uired  by  the  United  States,  in  the  terms  and  on  the  conf 
siderations  of  the  Treaty  of  Washington. 

lJp(Hi  tliis  issue  the  position  of  this  Government  was  notified  totIie| 
British  Government  iu  September,  1878,  as  follows : 

Tlii.s  fiovcriiiiR'nt  conceives  th.it  the  fishery  ri;;ht8  of  tlie  Uuitod  States  concciU'il  ijl 
the  Treaty  ot  Washington  are  to  be  exorcised  wholly  free  from  the  restraints  ainl  wA 
ulations  of  the  statutes  of  Nowfoundlar.d,  now  set  up  as  authority  over  our  ILslwI 
men,  and  from  any  other  regulations  of  lisliinjj  now  in  force  or  that  may  hereafter  1k| 
enacted  bj'  that  Government. 

Upon  this  issue  the  position  of  the  British  Government  is  now  notifiwij 
to  us  by  the  dispatch  of  Lord  Salisbury,  of  April  3,  ultimo,  as  follows] 
lleferring  to  these  statutes  of  Newfoundland,  Lord  Salisbury  says: 

These  regulations,  which  were  in  force  at  thodato  of  thoTreaty  of  \Va8liingtnii,w''i'l 
not  aboiislied,  but  confirmed  by  the  subseijuent  statutes,  and  are  binding  iindi'iil*! 
treaty  uikjii  tlie  citizens  of  the  United  States  in  common  with  British  subjefls.  Tli'| 
United  States  lisheniicii,  in  landing  for  the  imrjiose  of  fishing  at  Ticlile  lieacli,  in  ti,siiii;i| 
Heinoata]ii(>hil)ited  time,  and  in  barring  herrings  with  seines  from  the  shore,  excfcilt^l 
their  treaty  iirivileges  and  were  (engaged  in  unlawful  acts. 

Lord  Salisbury  further  states  that  Ller  Majesty's  Government  "liavfl 
always  admitted  the  incompetence  of  the  colonial  or  the  imperial  k'gis-l 


ALLEGED   OUTRAGE   UPON   AMERICAN   PlSHERMEN. 


149 


as  notified  to  tliel 


Iiiturc  to  limit,  by  subsequent  legislation,  the  advantages  securedby 
trwity  to  the  subjects  of  another  power." 

Tiieie  are  but  two  grounds  upon  which  the  subordination  of  the  United 
States'  freedom  of  the  inshore  lisheries  to  imperial  or  provincial  legisla- 
tion, ciirtailing  or  burdening  that  freedom,  ever  has  been,  or,  in  the 
luiiture  of  the  case,  can  be  placed. 

Tlielirst  is  that  of  reserved  general  sovereignty  within  the  three-mile 
I  limit,  uiiilcr  cover  of  which  it  is  pretended  there  lurked  in  the  concession 
of  the  freedom  of  this  fishery  to  the  United  States,  in  common  with  Great 
Uiitaiii,  the  power  of  one  party  in  the  privilege  of  this  common  fishery 
to  regulate  the  enjoyment  of  it  by  the  other.    The  statement  of  this  prop- 
osition confutes  it.    The  United  States  would  have  acquired  nothing  of 
right,  if  the  concession  was  constantly  subject  to  the  will  of  Great  Britain 
[for  its  exercise  and  enjoyment.    Accordingly,  Lord  Salisbury  disclaims 
Itliis  pretension  as  ever  having  been  held  by  the  British  Government  as 
la  reserved  ])ower  capable  of  exercise  by  any  regulations  subsequent  to 
Itliedate  of  the  treaty  of  Washington.    But,  manifestly,  antecedent  reg- 
julations,  as  having  force  subsequent  to  the  treaty,  can  not  be  sustained 
jupou  the  ground  of  sovereignty  over  the  treaty  concessions  by  any  bet- 
Iter  reason  than  new  legislation  of  ih.t  qnality  and  etiect.    If  the  treaty 
Ipiedomi nates  over  subsequent  provincial  legislation,  encroaching  upon 
Itlie  treaty  concessions,  by  stronger  reason  it  supplants  previous  provin- 
jcial  legislation  subversive  or  restrictive  of  the  treaty  concession.   If  such 
Iprevious  legisLation  persists  after  the  treaty  comes  into  operation,  it 
|iini>t  be  because  the  treaty  in  terms  or  by  just  interpretation  accepts  this 
IjH'evious  legislation  as  a  part  of  itself.    But  this  is  the  predominance  of 
Itlie  treaty  and  not  of  the  legislation,  which  thenceforth  owes  its  vigor 
[to  the  stipulations  of  the  treaty  by  which  the  United  States  adopts  and 
conflrins  the  provincial  legislation  in  force  at  its  date.    This  is  in  sub- 
stance the  British  contention,  and,  in  the  failure  of  the  doctrine  of  re- 
kerved  sovereignty,  is  the  only  alternative  basis  of  the  present  proposi- 
tion of  the  British  Government. 

The  subject  thus  brought  into  dispute  at  this  late  date  in  the  progress 
ofthelishery  negotiations  between  the  two  countries  issimidy  what  the 
Dsliery  in  provincial  water  .  which  the  Briti.di  Government  had  at  its 
klisposal  and  which  we  acquired  at  its  hand,  as  a  matter  of  property  and 
pneticial  enjoyment,  really  was. 

That  the  British  proprietorship  in  and  dominion  over  this  inshore 
[fishery  was  perfect,  absolute,  and  without  incumbri'Mce  or  limitations, 
911(1  that  this  was  the  subject  concerning  wliich  tli  negotiations  were 
occupied  and  by  and  to  which  tiie  treaty  ecpiivalents  were,  to  In-,  meas- 
med  and  applied  was  certainly  never  doubted  by  the  lu^gotiators  of 
jiliis  treaty  on  the  part  of  the  United  States  or  of  Great  Britain.  What- 
Evei'  this  fishery  was  in  its  initural  extent  and  value,  in  its  geographical 
area,  and  its  multitude  and  variety  of  fisli  i)roducts,  that  was  t!ie  sub- 
|('('t  of  which  Great  Britain  possessed  tlui.  Jus  dispoiietuU,  liud  tliat  the 
hjcct  of  which  the  United  States  proposed  to  accjuire  an  undivided 
iiiaie.  The  proportion  of  this  fishery  which  Great  IJritain  was  to  part 
h  and  the  United  States  was  to  appropriate  do»>,s  not  atfcct  the;  <pies- 
[iou  of  what  the  entire  property  was  and  was  understood  to  be.  What- 
prtlie  United  States  would  have  ac(iuired  had  Gn^at  Britain  parted 
vitb  the  whole  fishery,  the  subject  partitioned  between  them  was  this 
Entirety,  no  matter  what  1  hesharesin  whi<di  it  was  to  be  enjoyed  might  be. 
It  is  equally  clear  that  the  negotiators  on  both  sides  assumed  that 
jieat  Britain  was  dealing  with  this  subject  as  sole  owner,  ai:d  that  it 


,c-'m 


ii  K  WA.  • 


Ul-  ' 


iMM. 

IHk  ^ 

Km  m^  a 

liii   It 

150 


ALLEGED   OUTRAGE   UPON   AMERICAN   FISHERMEN. 


Lad  impairec*  neither  its  title  nor  its  possession  by  any  previous  jjrant 
or  incumbrance.  Whatever  right  and  enjoyment  then,  by  proprietor- 
ship  aud  dominion,  Great  Britain  in  its  political  sovereignty  could  im. 
part  to  "  the  subjects  of  Her  Britannic  Majesty,"  that  right  aud  chJoj. 
ment  Great  Britain  couhl  impart  "to  the  inhabitants  of  the 'UiiitH I 
States." 

This  bciug  the  subject  of  the  grant,  and  this  the  title  and  possession! 
of  the  grantor,  what  is  the  treaty  description  of  the  estate,  riglit,  aiul 
privilege  granted  to  the  United  States  for  the  enjoyment  of  its  citizens! 
The  text  of  the  fishery  articles  of  the  Treaty  of  Washington  shows  that  | 
there  was  no  limitation  whatever  upon  the  grant,  except  that  the  estate, 
right,  and  privilege  granted  were  to  endure  but  for  a  term  of  years,  ami  I 
were  to  be  enjoyed  by  tiie  United  States  not  exclusively,  but  in  common 
with  Groat  Britain.  There  was,  to  be  sure,  a  x*estriction  imposed  upon 
both  countries  which  excluded  both  equally  from  extending  the  eiijoj' 
ment  of  cither's  share  of  the  common  fishery  beyond  the  "inhabitants 
of  the  United  States"  on  the  one  side  and  "Her  Britannic  Majesty's 
subjects"  on  the  other,  thus  disabling  either  Government  from  impairini; 
the  share  of  the  other  by  introducing  foreign  fishermen  into  the  com 
niou  fishery.  But  this  feature  in  the  grant  has  no  significance  iiitbe 
measure  of  the  concession  as  now  disputed  by  Great  Britain  and  con  j 
tended  for  by  the  United  Statos. 

The  British  contention  imputes  to  the  phrase  of  the  treaty,  "iii  coral 
mon  with  the  subjects  of  Her  Britannic  Majesty,"  not  only  its  manifesti 
effect  of  excluding  any  possible  conclusion  that  the  privilege  concedeJI 
to  the  United  States  was  exclusive,  but  the  further  effect  of  measuring 
the  subject  of  the  gr^.it — that  is,  the  fishery  itself — as  it  was  then,  at  tliel 
very  date  of  the  treaty,  regulated  by  the  various  laws  of  the  maritinie| 
provinces. 

For  this  interpolation  there  seems  no  justification  either  in  reason  oil 
in  the  history  of  the  negotiation.  There  is  not  the  least  evidence  tliatl 
it  was  present  to  the  mind  of  either  of  the  high  contracting  parties  toi 
the  treaty  that  the  subject  of  the  fishery  to  be  partitioned  between  tlicial 
was  any  less  than  such  as  it  \yas  in  its  natural  dimensions  and  qiialityj 
and  such  as  it  was,  as  a  subject  of  human  control,  at  the  unlimited  disl 
posal  of  British  sovereignty.  What  these  i)rovincial  laws  were  noonel 
inquired  and  no  one  disclosed.  That  the  fishery  our  sea-going  lisherj 
men  were  to  share  in,  was  a  fishery  regulated  by  and  for  the  local  pointi 
lation  fishing  from  the  shore,  no  one  conceived.  That  the  title  of  Groatl 
Britain  should  be  examined,  or  warranty  against  adverse  title  and  posf 
session  or  against  incumbrances  exacted,  M'ould  have  seemed  both  t'oolj 
ish  and  offensive  to  the  High  Joint  Commission  which  negotiated  t 
treaty.  To  the  apprehension  of  all,  the  map  and  the  statistics  of 
catch  showed  what  the  fishery  was  in  extent  and  value,  and  thedoiniui 
ion  of  Great  Britain  over  the  subject  measured  the  security  of  the  rigli| 
which  we  were  to  acquire. 

The  proposition  of  Lord  Salisbury  reduces  the  grant  of  the  fisbetj 
from  the  dimensions  of  the  fishery  as  Great  Britain  had  power  tocoij 
vey  it,  and  by  its  mere  natural  description  would  convey  it,  to  the  lisl 
ery  as  it  had  been  trimmed  and  curtailed  by  local  legislation  and  wastj 
bo  regulated  by  local  adminiwstration.  Ho  reduces  our  enjoyment  froij 
a  freedom  of  the  fishery,  such  as  the  plenary  political  power  of  Oifi 
Britain  could  impart  to  its  subjects  and  could  share  with  the  TJnitd 
States,  to  be  enjoyed  by  their  inhabitants,  to  the  use  of  the  llsliiuf 
methods  and  seasons  of  the  provincial  coast  population,  as  their  f'M 
ties  aud  occasions  had  arranged  them;  and  this  interpretation  of  I 


ALLEGED   OUTRAGE   UPON   AMERICAN   FISHERMEN. 


151 


and  possessio 
tate,  right,  ami  i 
i  of  its  citizens! 
;tou  shows  that 
that  the  estate, 
m  of  years,  aiul 
bat  ia  common  I 
[1  imposed  upon } 
iding  the  enjoy- 
le  "inhabitants 
innic  Majesty's 
ifromimpairiiij| 
,n  into  the  com 
fuiftcance  in  the | 
Britain  and  con- 


subject  of  the  grant,  by  which  one  party  parted  with  and  the  other 
acquired  nothing  of  valne,  tniiis  npoti  the  phrase  of  the  treaty  which 
(Ictiiies  tlie  estate  conveyed  as  not  exclusive,  bntto  beheld  in  coiniiion. 

Fortunately,  the  closing  transaction  between  the  two  Governments,  by 
nbidr  the  fishery  concession  to  the  United  States  was  to  be  measured 
and  villned,  and  compensation  on  onr  part  therefor  to  be  adjusted  ac- 
cording to  the  measure  and  vahn)  of  the  ]>rovincial  lishery,  not  in  the 
abstract,  but  as  opened  to  our  fishermen,  furnished  an  oi)port unity  to 
take  tlie  estimate  both  of  the  British  and  provincial  Governments  of  the 
extent  and  comprehension  of  the  subject  of  the  grant.  This  ti'ansaction 
antedates  the  present  disputation  an<l  brings  the  two  (lovernments  to- 
(^ctlier  in  a  computation  before  the  Halifax  Commission  of  the  nature, 
extent,  and  benefit  of  the  inshore  ])rovincial  fishery. 

The  considerations  for  the  Briti^^h  concession  were  threefuld.  First, 
an  equivalent  fishery  concession  on  our  own  coasts;  second,  exemption 
of  ])iovincial  fish  i)roducts  from  duties,  or  the  concession  of  our  fvee 
market;  third,  sucli  sni)plemental  money  payment  as  the  nature,  extent, 
and  value  of  the  British  fishery  concession,  in  the  judgnient  of  the  Hal- 
ifax Commission,  would  warrant  or  require.  It  would  be  enough  to  say 
tliat  the  present  pretensions  of  the  British  Goverinne-it  in  reduction  of 
tlic  },nant  were  not  presented  in  depreciation  of  the  ju-ice  we  were  to  pay, 
nor  was  any  subjection  of  the  natural  fishery  to  political  or  municipal 
disparagement  advanced  by  us  in  reduction  of  the  money  value  with 
which  we  were  to  be  charged.  But  the  British  and  provincial  Govern- 
ments are  precluded  from  the  present  pretensions  not  by  silence  alone 
as  to  these  latent  limitations  and  incumbrances  upon-  the  grant,  when  its 
[nice  was  being  adjusted  by  the  Halifax  award.  The  "Case"  of  the 
liritisb  Government  presents  in  the  most  open  and  unequivocal  terms 
the  measure  of  the  grant,  in  the  sense  both  of  benefit  to  the  United  States 
and  of  injury  to  the  provincial  fishermen.  The  conduct  of  the  conten- 
tion throughout  maintained  the  freedom  of  the  lisheiy  to  the  methods 
and  occasions  of  our  fishing  enterprise  and  skill,  and  insisted  upon  the 
right  accorded  (which  might  exhaust  and  destroy  the  fisheries  so  as  to 
depreciate  their  benefit  to  the  coast  population,  even  beyond  the  treaty 
jieriod),  and  not  its  actual  exercise  by  our  fishermen,  as  the  standard 
of  estimate  by  which  our  money  payment  was  to  be  fixed. 

In  "the  Case  of  Her  Majesty's  Government,"  submitted  to  the  Hali- 
fax Commission,  the  following  language  is  used  to  illustrate  and  enforce 
the  advantage  in  the  extent  and  method  of  fishing  secured  by  the  treaty 
of  1871  over  the  restrictions  of  the  convention  of  1818: 

Tlio  convention  of  1818  entitled  United  States  citizens  to  lish  on  tho  shores  of  tlio 
i  Maf!(lalen  Islands,  but  denied  them  the  privilege  of  landinjj  llKue.     Vi'itlumt  such  per- 
j  mssion  the  practical  uite  of  the  inshore  fixher its  was  impo'isiblv.     Althougli  mich  perniisMJon 
ba8  tacitly  existed,  as  a  matter  of  8n"")rance,  it  nii;j;Lt  at  any  inomciit  have  tieen  with- 
drawn, and  the  operations  of  United  States  lishernien  in  that  h>calit,y  would  thus  have 
been  rendered  ineffectual.     The  value  of  these  inshore  tisheries  is  ^reat;  mackerel, 
j  herring,  lialibut,  capelin,  aiul  hiunee  aliomid,  and  are  oaujjlit  inside  of  the  principal 
bays  and  harbors,  wluire  -.hey  resort   to  s))awn.     Between  three  liuudrcd  and  four 
hundred  United  States  fishing  vessels  yearly  frequi^nt  the  waters  of  this  group,  and 
[take  large  quantities  offish,  both  for  curing  and  bait.     A  single  seine  has  lieen  kmnvn 
[to lake  at  one  haul  enough  of  herrings  to  fill  :?,OeO  barrels.     Seining  mackerel  is  sinii 
Marly  ]troductive.     During  the  spring  and  suuiiuer  fishery  of  the  >ear  1875,  when  the 
I  mackerel  were    closer  inshore  than    usual,  the  comparative  Jailnre  of  the  Av.ivrican 
|/«/ienn«»i  teas  owing  to  their  being  unprepared  with  8uital)le  hauling  neta  and  small  boats, 
yhfir  vessels  being  unable  to  approach  close  enough  to  the  beaches. 

lu  the  c.if  9of  the  remaining  portions  of  the  seaboard  of  Canada,  the  terms  tif  the  con- 
jvcntion  of  1818  debarred  United  States  ci I  izeus  from  landing  at  any  part  for  the  pHruuit 
\of  operations  connected  with  fishing.  This  privilege  is  essential  to  the  successful  ptose- 
jcution  of  both  the  inshore  and  deep-sea  fisheries.     By  it  they  would  bo  enabled  to 


w 


152 


ALLEGED    OUTRAGK    UPON    AMERICAN   FISHERMEN. 


iP'fl 


U\  ' 


prepare  thoir  fish  in  a  snpnrioi  .r.nnnor,  in  a  salnbrions  climato,  as  well  a.s  nioro  expe. 
ditiously,  and  they  wonld  be  relieved  (if  a  serions  ouibarraHsnient  as  regards  tho  (lij. 
position  of  tish  olfals,  by  cnrii'tf  on  shore  the  fish  which  otherwise  would  have  bwa 
ilresaed  on  board  their  vessels,  and  the  refuse  thrown  overboard. 

All  flic  advantages  uhovi-  detaUid  have  been  aecnred  for  a  2)eviod  of  iirelvr,  yearn  to  VniUi 
States  fiHhermeii.  Without  them,  fishinij  operations  on  niatii/  parts  of  the  coast  would  hemi 
oiilfi  unremnneratire  but  impossible ;  and  they  man  iherefort  hcfairl'i/  claimed  as  au  imimr- 
taut  item  in  the  valuation  of  the  lilnrties  (jranted  to  the  Viiited  Stales  under  Article  AT;// 
of  the  Treaty  of  IVashington.     (Halifax  Com.,  Vol.  I,  p.  'J:{.) 

And  again : 

4.  Formation  of  fishing  establishments. 

The  privilege  of  establishing  permanent  fishing-stations  on  the  alioren  of  Canadian  bap, 
creeks,  and  harbors,  akin  to  that  of  landing  to  dry  and  cure  fish,  is  of  material  ad- 
vantage to  United  States  citizens. 

There  aYe  further  advantages  derivable  from  permanent  establishments  aHhnrp, 
such  as  the  accumulation  of  stock  and  fresh  fish  preserved  in  sn^tv  or  ice,  and  others  kept  in 
frozen  and  fresh  state  by  artificial  freezing.    {Id.,  pp.  1)4,  'X\) 

In  that  portion  of  the  same  "case"  which  specially  regards  the  char 
acter  of  the  Newfoundland  fishery,  and  points  out  with  elaborate  pre 
vision  the  rights  of  the  United  States  fishermen  on  the  shores  of  that 
island  and  the  compensation  demanded  therefor,  the  British  Govern- 
ment says: 

I.  The  entire  freedom  of  (he  inshore  fisheries. 

Newfoundland,  fro'u  that  part  of  its  coast  now  thrown  open  to  United  States  fish- 
ermen, yearly  extracts,  at  the  lowest  estimate,  $5,000,000  worth  of  fish  and  fish-oil, 
and  when  tho  value  offish  used  for  bait  and  local  consumption  for  food  and  agricult- 
ural purposes,  of  which  there  are  no  returns,  is  taken  into  account,  tho  total  maybe 
fairly  stated  at  ^0,000,000  annually. 

It  may  possibly  bo  contended  on  the  part  of  the  United  States  that  their  fishermen 
have  not  in  the  p.ast  availed  themselves  of  tho  Newfoundland  inshore  fisheries,  with 
l)ut  few  exceptions,  and  that  they  wonld  and  do  resort  to  the  coasts  of  that  island  oiik 
for  the  purpose  ci'pro(;nring  bait  for  the  bank  fishery.  This  may  np  to  tho  prtiseut 
time,  to  some  extent,  be  true,  as  regards  codfish,  but  not  as  regards  herring,  tnrlidt, 
and  halibut.  It  is  not  at  all  probable  that,  possessing  as  they  now  do  the  right  to  takeher- 
ring  and  capelin  for  themselves  on  all  parts  of  the  Newfoundland  coasts,  they  will  coiilimii , 
to  purchase  as  heretofore,  and  they  will  thus  prevent  the  local  fmheiinen,  especially  those  of  | 
Fortune  Hay,  from  engaging  in  a  very  lucrative  employment,  which  formerly  occupied  thm 
during  a  portion  of  the  winter  season  for  the  supply  of  the  United  States  market. 

The  words  of  tho  treaty  of  Washington,  in  dealing  with  tho  question  of  compeu- 
sation,  make  no  allusion  to  what  ime  tho  United  Statues  may  or  do  make  of  the  privi-  i 
leges  granted  them,  but  simply  t,tate  that,  inasmuch  as  it  is  asserted  by  Her  Majesty's 
fJoveriinient  that  the  priveleges  accorded  to  tho  citizens  of  the  United  States  uiulpr 
Article  XVIII  are  of  greater  value  than  those  accorded  by  Articles  XIX  and  XXI  to 
the  subjects  of  Her  Hritannic  Majesty,  and  this  is  not  admitted  by  the  United  States, 
it  is  further  agreed  that  a  commission  shall  be  appointed,  having  regard  to  the  privi- 
leges accorded  by  the  United  States  to  Her  Britannic  Majesty's -sulyects  in  Articlej  I 
NoH.  XIX  and  XXI,  t''  amount  of  any  comi)ensation  to  be  paid  by  the  Government 
of  the  United  States  to  that  of  Her  Majesty  in  return  for  the  privileges  accorded  to 
tho  United  States  under  Article  XVIII. 

It  is  asserted,  on  the  part  of  Her  Majesty's  Government,  that  the  actual  use  wbich 
may  be  made  of  this  privilege  at  tho  present  moment  is  not  so  much  in  question  as  the  | 
actual  value  of  it  to  those  who  may,  if  they  will,  use  it.  It  is  ])ossible  and  oven  prob- 
able, that  United  States  fishormen  niay  at  any  moment  avail  tluimselves  of  the  privi- 
lege of  fishing  in  Ne\vfo\iiidiand  inshore  waters  to  a  much  larger  extent  than  tliey  lio  I 
at  iiresent;  but  even  if  they  should  not  do  so,  it  would  not  relieve  them  iVoiii  tW 
obliaation  of  making  tho  just  payment  for  a  right  which  they  have  acquired  subject 
to  the  condition  of  making  that  payment.  The  case  may  1)0  not  inaptly  illustrated  by 
tho  somewhat  analogous  one  of  a  tenancy  of  shooting  or  fishing  privileges;  it  is  not 
because  tho  tenant  fails  to  exercise  tho  rights  wh'ch  he  has  acquired  by  virtue  of  his  | 
lease  that  the  i)ropriotor  should  be  debarred  from  tho  recovery  of  his  rent. 

There  is  a  marked  contrast,  to  tho  advantage  of  tho  Uniteti  States  citizens,  botweeo  | 
tho  privilege  of  access  to  fisheries  the  most  valuable  and  productive  in  tho  world,  and 
the  barren  right  accorded  to  the  inhabitants  of  Newfoundland  of  fishing  in  the  ei- 
hausted  and  preoccupied  waters  of  the  United  States  north  of  the  thirty-ninth  parallel 
of  north  latitude,  in  which  there  is  no  field  for  lucrative  operations  even  if  British 


MEN. 


jiLLEGED   OUTRAGE   UPON    AMERICAN   FISHERMEN. 


153 


bU  as  more  expe- 
\  roRards  the  (lin. 
yould  havu  been 

've  years  to  Uniiti 
const  would  /if  iKii 
imed  as  «»  impor- 
ler  Ar tick  X\- III 


>f  Canadian  bays, 
is  ol"  material  ad- 


lisliraents  ashore, 
,  and  others  kepth 

gards  tbe  char 
1  elaborate  pre 
i  shores  of  that 
UritisU  Govern- 


United  States  fish- 

)f  lish  and  lish-oil, 

food  and  agricnlt- 

f ,  the  total  may  be 

hat  their  liHhermeii 
bore  lishcries,  with 
of  that  island  only 
up  to  the  present 
ds  herring,  turbnt, 
[the  riijht  to  iakehtr- 
8,  the))  will  iwitmt 
\n,  especially  Ihomoi 
\nvrly  occupied  thm 
a  market, 

[lestion  of  coiupeii- 
luako  of  the  privi- 
lid  bv  Her  Majesty! 
iiited  States  under 
(8  XIX  and  XXI  to 
the  United  Stat«8, 
•egard  to  the  i)rivi- 
Inhjects  in  Articles 
|)y  the  Government 
i  leges  accorded  to  I 

le  actual  nse  wliich  i 
|h  in  question  as  the 
lible  and  even  proh- 
Telvesof  thepnvi- 
ttont  than  they  do 
fve  them  Jroni  the 
|o  ac(iuired  stibjeit 
IptlyillHHtratcdljy 

Irivileges;  it  isiwM 
led  by  virtue  of  Im 
■lis  rent. 
Is  citizens,  botwetn 
%  in  the  world,  and  | 
IfiBbing  in  the  es- 
lirty-ninth  parallel 
Us  even  if  British 


Hiibjectfl  desired  to  resort  to  them  ;  and  there  arc  strong  grounds  for  helieving  thai  year  by 
ijtar,a8  United  States  fishermen  resort  in  greater  numbers  to  the  coasts  of  Newjoundlandfm' 
the  purpose  of  procuring  bait  and  supplies,  they  will  become  more  intimately  acquainted  with 
the  resources  of  theinshore  fisheries  and  their  un  limited  capacity  for  exti  nsionand  development. 
As  a  matter  of  fact,  United  States  vessels  have,  since  the  Washington  treaty  came  into 
oper.'itlon,  been  successfully  engaged  in  theae  fisheries;  and  it  is  but  reasonable  to 
anticipate  that,  as  the  advantages  to  be  derived  from  them  become  more  widely  known, 
lafer  mimbers  of  United  States  fishermen  will  engage  in  them. 

A  participation  by  fishermen  of  the  United  States  in  the  freedom  of  these  waters 
must,  notwithstanding  their  wonderfully  reproductive  capacity,  tell  materially  on  the 
local  catch,  and,  while  affording  to  the  United  States  fishermen  a  profitable  euinloy- 
ment,  nuist  seriously  interfere  with  local  success.  The  extra  amount  of  bait  also  which 
In  required  for  the  supply  of  the  United  States  demand  for  the  bank  fishery  must  have 
the  ertect  of  diminishing  the  supply  of  cod  for  the  iushores,  as  it  is  well  known  that 
the  ])re.sonce  of  that  fish  is  caused  by  the  attraction  offered  by  a  large  (juantity  o*" 
bait  lislies,  and  as  this  (luantity  diminishes  the  cod  will  resort  in  fewer  number  to  the 
toast.  The  ofiect  of  this  diminution  may  not  in  all  probability  be  appareift  for  som<i 
years  to  come,  and  whilst  United  States  fishermen  will  have  the  liberty  of  enjoying  the 
iislieries  for  several  years  in  their  present  teeming  and  remunerative  state,  the  effects 
j  of  overlisliing  may,  after  their  right  to  participate  in  them  has  lapsed,  become  seriously 
prejudicial  to  the  interests  of  the  local  fishermeu.     (/&.,  pp.  10:i,  104.) 

It  is  impossible  to  ofi\3r  more  convincing  testimony  as  to  the  value  to  United  States 
j  fisliernien  of  securing  the  right  to  nse  the  coast  of  Newfoundland  as  a  basis  of  opera- 
tions for  the  bank  fisheries  than  is  contained  in  tbe  declaration  of  one  who  has  been 
for  six  years  so  occupied,  sailing  from  the  ports  of  Salem  and  Gloucester,  in  Massachu- 
setts, and  who  declares  that  it  is  of  the  greatest  importance  to  United  States  fishermen 
[to  procure  from  Newfoundland  the  bait  necessary  for  those  fisheries,  an«i  that  such 
[benefits  can  hardly  be  overestimated  ;  that  there  wiH  be  during  the  season  of  187(), 
jnpw.ard  of  200  United  States  vessels  in  Fortune  Bay  for  bait,  and  that  there  will  be 
I  npwiird  of  1100  vessels  from  the  United  States  engaged  in  the  Grand  Bank  fishery  ;  that, 
lowing  to  the  great  advantage  of  being  able  to  run  into  Newfoundland  for  bait  of 
jditl'erent  kinds,  they  are  enabled  to  m.ake  four  trips  duringthe  season  ;  that  the  capelin, 
jwbich  may  be  con  side  led  as  a  bait  peculiar  to  Newfoundland,  is  the  best  which  can 
Ibensed  for  this  fishery,  and  that  a  vessel  would  probably  be  enabled  to  make  two 
Itrips  during  the  capelin  season,  which  extends  over  a  period  of  about  six  weeks.  The 
|Bameexi)erienced  deponent  is  of  opinion  th.at  the  bank  fi-sheries  an;  capable  of  im- 
jniiMiHe  expansion  and  developmnut,  and  that  the  privilege  of  getting  bait  on  the  coast 
[of  Newfoundland  is  indisporsable  for  the  accomplishment  of  this  object. 

As  an  instance  of  the  demand  for  bait  supplies  derived  from  the  Newfoundland 
Jiiisbore  fisheries,  it  ni.ay  bo  ut^ef'ul  to  state  that  the  average  amount  of  this  article  eou- 
iBunied  by  the  French  fislnu'men.  who  only  prosecute  the  bank  fisheries  during  a  period 
lofaliout  six  months  of  the  year,  is  from  $120,000  to  81(50,000  annntilly.  Thehirrinej, 
\ta\wli»,  and  squid  amply  meet  these  requirements,  and  are  supplied  by  thej)eople  of  Fortune 
laiul  I'laeentia  Bays,  the  i)ro(luce  of  t.lie  islands  of  St.  Pierre  and  Miqnelon  being  iusuf- 
liiiMent  to  meet  the  demand. 

It  is  evident  fnmi  the  above  consideration  that  not  only  are  the  United  States  fish- 
Ipniien  almost  entirely  dependent  on  the  bait  supply  from  Newfoundland,  now  open 
|t()tiieni,  for  the  successfnl  prosticution  of  the  bank  fisheries,  but  also  that  they  are 
enabled,  through  the  privileges  cimeeded  to  thiim  by  the  treaty  of  Washington,  to 
Parjjely  iucrciase  the  niuuber  of  their  trips,  and  thus  considerably  augment  the 
protits  of  the  enterprise.  'lb  is  substantial  advantage  is  secured  at  the  risk,  as  before 
Bncntioued,  of  hereafter  dei)lefing  the  bait  supplies  of  the  Newfoundland  iushores, 
\m\  it  is  but  just  that  a  substantial  equivalent  should  be  paid  by  those  who  profit 
^iiereby. 

We  are  therefore  warranted  in  submitting  to  the  conmiissioners  that  not  only  sliould 
llie  present  actual  advantages  derived  on  this  head  by  United  States  fishermen  be 
liiken  into  consideration,  but  also  the  probable  effect  of  the  concessions  nnide  in  their 
lavor.  The  inevitable  consequence  of  these  concessions  will  be  to  attract  a  larger 
inuinnt  of  United  States  capital  and  enterprise  following  the  profits  already  made  in 
lliisdi'i'otion,  and  the  effect  will  be  to  inflict  an  injury  on  the  local  fishermen,  both 
fcv  tbe  increased  deiuaud  on  their  sources  of  supply  and  by  competition  with  them  in 

Iheir trade  with  foreign  markets,     {lb.,  pp.  10,'),  IOC.) 

»  »  #  »  «  »  #,» 

COXCLUSION. 

It  bas  thus  been  shown  that  under  the  treaty  of  Washington  there  has  been  con- 
Med  to  tlic  United  States— 

^I'irsit.  The  jtriviloge  of  an  equal  participation  in  a  fishery  vast  in  area,  teeming  with 
pli,  tmitinuously  increasing  in  productiveness,  and  now  yielding  to  ojieratives,  very 
Iniited  in  nuuiber  when  cousidered  with  reference  to  the  field  of  labor,  the  large  an- 


m 


154 


ALLEGED   OUTRAGE    UPON   AMERICAN   FISHERMEN. 


law 

>    -it    I 


mial  rotnni  of  upwards  of  $(i,00O,on(),  of  which  20  per  cent,  may  be  ostiiuated  as  net ! 
proHt,  or  $1,'200.(H)0.  ' 

It  in  bolitncMl  that  the  chiiin  on  the  part  of  Nowfonndluiid  in  respoct  of  this  portion 
of  the  i)rivil('ge8  iiciiiiirt'd  Ity  Uiiitod  Statoa  citizens  nndcr  llie  Treaty  of  WuHiiiiiirtnu 
will  be  confined  to  the  most  moderate  dimensions  when  estinnitod  at  one-tenth  ol'iiii,  i 
amonnt,  namely,  $l'Jt),()0()  )>er  annnin.  or.  for  the  twelve  years  of  the  operation  of  the 
treaty,  a  total  snm  of  .$1,440,()0().     (//i..  i.i>.  107,  lOH.) 

To  tliis  ''  case"  the  Uiiitod  States  GoveriitinMit  lilod  an  answer,  ninll 
the  British  (xovernineiit  flk'd  a  reply  to  the  answer,  in  which  it  repcakd  | 
its  eontention  : 

The  words  "for  no  other  pnrjwue  whaievcr"  arestndionsly  omitted  by  the  franicrsufl 
the  last-named  treaty,  ami  Ihc  privUcui'  in  commo.v  with  tlm  Hiilijfcts  of  llvr  lh\U\\\K\ 
Maji'Htii,  to  tahejixh  atid  to  land  for  JiahUuj  pnvium'H,  clearly  incJndes  the  liberty  to| 
•chase  Itait  and  supplies,  transship  earj^oes,  &e.,  for  which  llvr  MajfMij'H  GorvrmmA 
contend  iiha»  a  rujUt  to  claim  compcnuatiou. 

It  is  clear  that  these  privileges  w(Te  not  enjoyt-d  nndcr  the  cunvtmtion  of  i8lH,  uiij 
it  is  e(inally  evident  that  they  are  enjoyed  under  the  treaty  of  Washington,  (rt,, 
p.  17;t.)  ... 

»  »  •  #  «  #  » 

As  regards  the  herring  fishery  on  the  coast  of  Newfoundland,  it  is  availed  of  lnji 
considerable  extent  by  tiic  United  Staters  li.shermen,  and  evidence  will  be  addnci'dofj 
large  exporlations  by  them  in  American  vessids,  iiarticnl.arly  from  Fortune  Iiiiv  iiiiilf 
thc^  neighliorhood,  both  to  European  and  their  own  market.i. 

The  presence  of  United  States  tishermen  upon  the  coast  of  Newfoundliind,  sdfiitl 
from  being  an  advantage,  as  is  assunnnl  in  the  Answer,  oi)era.tes  most  |)rejii.li(iallyi(i| 
N(>wfoundJand  fishermen.  Bait  is  not  thrown  overboard  to  attr  ct  the  fish,  asiivj 
serted,  but  the  United  States  bank  fishing  vessels,  visitin;.;  the  coast  in  such  liiipj 
nnmb(!rs  as  thoj'  do  for  the  juirposo  of  obtaining  bait,  swiuip  the  coves,  creeks,  ainll 
inlets,  thcT'eby  diminishing  the  supply  of  bait  for  local  catcli,  and  scaring  it  frointli(| 
grounds  where  it  would  otherwise  be  an  attraction  to  the  cod.     (//>.,  p.  18(5.) 

It  forms  no  part  of  my  purpose  in  this  report  lo  adduce,  in  are;iiiiieii!| 
or  i>roof,  the  manifold  supports  to  the  view  now  i)resented  which 
record  of  the  diplotnatic  history  of  the  fishery  negotiation.s  between  tliel 
two  countries  or  the  documents  and  proceedings  of  the  Halifax  CoiriiiiiJ 
sion  contain.  It  is  very  apparent  throughout  them  both  tluit  the  oblitfrl 
ation  of  the  sea-line  of  demarkation  betwaen  the  rights  of  our  tisIitTiiiMl 
and  those  of  British  fishermen  we  regarded  of  principal  value,  asreiiim[ 
ing  the  sources  of  irritation  between  tb.etr.  and  possible  occasions  olcniil 
troversy  and  estrangement  between  the  two  iiHtion.s.  In  my  di.spatcll 
to  JNJr.  Welsh  of  September  27,  1878,  Maid  before  the  British  (jovenl 
ment  this  disijosition  on  our  part  as  furnishing  the  leading  i)urposi'il 
the  framing  of  the  fishery  jirticles  of  the  treaty  of  Washington.  I  tiiej 
said  thitt — 

Politically,  and  in  the  interest  of  good  neighborhocd,  this  government  did  n'«dt 
and  at  all  times  would  regard,  the  restoration  of  the  relations  between  the  twecoiiJ 
tries,  in  tlie  common  enjoyment  of  these  fisheries,  to  the  ancient  footing  of  the  trMlM 
of  17H;5,  as  most  grateful  in  sentiment  and  as  a  most  valuable  guarantee  against  ;iii| 
renewal  of  strife. 

In  the  British  "Case"  before  the  Halifax  Commission,  Her  Miijestjj 
Government  definitely  insisted  upon  this  assured  position  of  ourpiibM 
relations  in  this  regard  as  an  element  of  consideration  in  the  award  tlicI 
asked  from  the  Commission.  Her  Majesty's  Government  drew  tbeaj 
tentiou  of  the  Commissioners — 

'fo  the  gniat  importance  attaching  to  the  beneficial  conse(iuenc<!s  to  the  Unilij 
States  of  honorably  ac(|uiring  for  their  lishermeu  full  freedom  to  pursue  their  ailwH 
turons  calling  witliout  incurring  constant  risks  and  exposing  them.selves  and  the] 
f(dlow  conntryuieu  to  the  in(fvitablo  reproach  of  willfully  trespassing  on  the  riijlit'i 
d(Mnain  of  friendly  neighbors.  Paran  unt,  however,  to  this  consideration  isjj 
avoidance  of  irritating  disputes,  calculated  to  disquiet  the  pnblic  mind  of  a  spirilf 
and  enterprising  peoijle,  and  liable  always  to  become  a  cause  of  mutual  anxietyi 
euibarra-ssnieut. 


ALLEGED   OUTRAQE   UPON    AMERICAN    nSIIERMEN, 


155 


(•Htiinttt«!il  as  net 


It  was  ii'pcattHllyHtateil  by  tlio  American  iiieiulicrsof  the  Joint  High  CoimnlMsion  lit 
WiisliiiiflfiHi)  i»  <liHcn88iiijj  jiropowils  n^Kurdiiig  tiio  C)iiiii(ii.:ii  tiHliories,  "  tluifc  tlio 
I'liiitMl  Stiitt'N  <leHir«il  to  Hcciiro  thoir  oiijoyiuont,  not  for  tln'ir  coniniorcial  or  intrinsic 
viiliii'i  liut  lor  tlio  pnrpoHo  of  rcMnoving  a  Honrcn  of  iriitalion." 

Tlie  oxpciienco  of  our  Fortune  Bay  fisluTuuMi  in  tli(>ir  first  attempt, 
jn  the  sixth  year  of  tlie  runniuff  of  the  treaty,  tft  exennse  on  the  coast 
ol'  New  IbiuMlhind  the  "full  freedom  to  pursue  their  adventuronseallinp:," 
wliicli  il'T  Majesty's  (roverument  said  had  been  honorably  acujuired  for 
tlu'in  by  Mieir  own  Government,  is  exhibited  in  the  papers  now  submitted, 
iis  is  iilso  the  treatment  of  their  grievance,  aiul  this  (lovernment's  pre- 
sciiliilioii  of  it,  accorded  by  Her  Majesty's  Govt^rnnuMit. 

Tlic  Ibitish  Government  claimed  before  the  Halifax  ('ouimission  the 
sum  of  $1L'(>,(K)()  per  annum  during  the  twelve  years  of  the  treaty  period, 
or  tli('f,M'oss  sum  of  $  1,440,000,  for  the  advantage  to  the  United  States 
of  tlio  fishing  i)rivilege  proper  on  the  Newfoundland  coiist  alone,  con- 
(!('(U'(l  by  the  treaty,  over  aiul  above  flu;  counter  conciessions  of  our 
iiisliore-  iishery,  and  the  remission  of  duty  on  their  fish  products.  The 
IhiJilax  awar<i  of  $5,500,000,  for  the  Dominion  of  Canada  and  Newfound- 
■iiiid  t();;»'tlier,  has  been  divided  between  them  by  the  I'.ritish  (Jovern- 
iiiciit,  and  the  sum  of  $1,000,000  has  been  received  by  Newfbuiulland  as 
its  sliare  of  (he  money  payment  made  by  the  United  Slates  under  the 
treaty. 

It  will  be  observed  that  under  the  British  view  of  the  exposure  of  our 
tislicriiicn  at  Fortune  Bay  to  the  penalties  of  infra(;tions  of  the  provin- 
cial laws,  while  they  were  enjoying  in  their  own  opinion  and  that  of  this 
(iovcrnment  the  full  freedom  of  the  fishery  accorded  by  the  treaty,  there 
is  no  pretense  that  the  violence  ottered  them  and  the  wanton  destruction 
of  tlu'if  fishing  property  and  spoliation  of  their  draught  of  fishes  find 
any  warrant  in  the  supremacy  of  violated  laws  under  color  of  which  the 
liritish  (lovernment  has  refused  them  any  indemnity. 

In  tliis  attitude  of  the  British  Government,  as  taken  in  the  corre- 
siiondcnce,  the  violent  expulsion  of  our  fishermen  from  theii'  fishery  on 
tlit'titliof.January,  ISrs,  bythecoast  fisher'nen  of  Newfbnntlland,  seems 
tohc  jiistitie<l  i  not  espoused.  This  positio..,  too,  of  that  Government 
nt'cossarily  carries  a  warning  that  any  future  attempt  l)y  our  fishermen 
to  exercise  their  treaty  privilege,  except  in  conformity  to  the  local  fish- 
in;;  regulations,  will  bo  resisted  by  the  authority  of  tiie  British  Govern- 
ment, as  well  as  exposed  to  the  violence  of  the  coast  fishermen. 

Uiuler  this  unhappy  and  unexpected  failure  of  accord  between  the 
two  governments  us  to  the  measure  of  the  inshore  fishing  privilege 
secured  to  our  fishermen  by  the  treaty  of  Washington,  as  developed  in 
tills  conesi)ondeiice,  it  becomes  the  imperative  duty  of  this  Government 
to  consider  what  measures-should  be  tak»»n  to  maintain  the  rights  of  our 
people  under  the  treaty,  as  we  understand  them,  find  to  obtain  redress 
tor  tiieir  expulsion  from  the  enjoyment  of  their  rights. 

Sofuras  this  diminution  of  these  privileges  calls  for  a  reconsideration 
of  tlie  treaty  equivalents  already  parted  with  by  this  Government  and 
received  by  Great  Britain,  as  suitable  to  the  failure  of  the  ])rivileges 
thus  purchased  and  paid  for,  by  this  denial  of  their  exercise  so  as  to  be 
valiiab'j  or  desirable  to  our  ])eople,  that  subject  necessarily  must  be 
|i'einitted  to  di))lomatic  correspondence.  The  only  continuing  consider- 
iitioi.  the  United  States  is  paying  for  the  treaty  period,  for  the  expected 
M'lijoyineut  of  the  treaty  concession,  is  the  remission  of  our  customs 
•liities  upon  the  fish  products  of  the  provincial  share  in  these  fisheries. 
I  respectfully  advise  that  it  be  recommended  to  Congress  to  re-impose- 
the  (hities  upon  fish  and  fish-od,  the  productsof  the  provincial  fisheries, 


156 


ALLEGED   OUTRAOE   UPON   AMKRIOAN    FISHERMEN. 


as  tliey  existed  before  the  treaty  of  VViishiii;;toi)  ciiine  into  opeiation, 
to  so  continue  until  the  two  (lovermiu'iit.s  shall  be  in  ixtcord  its  to  tlu- 
interpret.ation  and  execution  of  the  tlslu-ry  articles  of  the  treaty  of 
Washington,  and  in  the  adjustment  of  the  grievaiici^  of  our  Hshennen 
fnun  the  infractions  of  their  rights  under  that  treaty. 

This  measure  will  give  to  our  lishermen,  whih'  excluded  from  the  en- 
joyment of  the  inshore  fisheries  under  the  continued  enforcement  of  tiic 
British  interpretation  of  the  treaty,  a  restoration  of  the  domesti(!  market 
for  the  products  of  their  own  lishing  in<liisrry,  as  it  stood  before  its  tVcc 
dom  was  thrown  open  to  the  provincial  flshermen  in  exchange  for  tlie 
free  fishery  opened  to  our  fishermen. 

I  respectfully  advise,  also,  submitting  to  the  consideration  of  Congress 

fhe  propriety  of  authorizing  the  examination  and  auditing  of  the  claiins 

of  our  fishermen  foi'  injuries  suffered  by  the  infraction  oi"  ilenial  of  tlieir 

treaty  privileges,  with  the  view  of  somo  ultimate  i)rovisiou  by  coiiven 

tion  with  (Ireat  Britain  or  by  this  Government  for  t  heii-  in<h'Miuitv. 

WM.  M.  1::VARTS. 


LIST  OF  ACCOMPANYING  DOCUMENTS. 

No.  1.  Mr.  Evarts  to  Mr.  Wolsli,  No.  :{:5,  Marcli  2, 1«78. 

No.  '2.  Mr.  V.  W.  Sinwanl  to  itr.  Wolsb,  No.  55,  April  6,  1678  (with  two  inclosiires, 
printed  witli  (lociiiimnt  No.  'it!). 

No.  ;{.  Mr.  I"   arts  to  Mr.  Wnlsli,  No.  67,  Ajjril  2ti,  1878,  with  an  iiiclosiiro. 

No.  4.  Mr.  I[op|)iii  to  Mr.  Evarta,  No.  5,  May  4,  1878,  witli  tlirtM',  incloHiiro.H. 

No.  5.  Mr.  F.  \V.  Sewiinl  to  Mr.  VVel.sli,  No.   125,  AiiKUNt  1:5,  1878. 

No.  C).  Mr.  Welsli  to  Mr.  Evarts,  No.  I'M,  Aii^jiist  24,  IH78,  with  au  iuolosuro. 

No.  ?.  Mr.  Evarts  to  Mr.  WoIhIi,  No.  l.V),  iSi^pteiiiber  28,  1878. 

No.  8.  Same  tOKaino,  No.  174,  Novenilicr  H,  1878.  ,  !        ' 

No.  1).  Mr.  Welsli  to  Mr.  Evarts,  No.  15I>,  November  9,  1878.  Oue  iticlosuro  with  11 
appendict^H  aiinex<!il. 

[NoTK. — Tbo  last  hc.vcu  of  llii'so  iipiu>inlici'saro  jirinto.d  with  doiMiincut  No.  20.] 

No.  10.  Mr.  Evarts  to  Mr.  Welsli,  No.  1547,  August  1,  1871),  with  two  iiicloHiircs, 

No.  11.  Mr.  Wcdsli  to  Mr.  Evarls,  No. :t47,  August  1:5, 1879,  witli  ono  inclosiirc. 

No.  12.  Mr.  F.  W.Seward  to  Mr   lloppiii,  No.  '.Uil.  Atigii-t  28,  1879. 

No.  r.{.  Mr.  Evarts  to  Mr.  Iloppin,  t<do<iraiii,  Novcinlier  2l(.  Iri79. 

No.  14.  Mr.  Hoppiii  to  Mr.  Eviirts,  No.  Ill,  Novciiilier  22,  1871),  with  one  iiioiosniT, 

No.  15.  Same  to  same.  No.  112,  November  25,  1879,  with  one  iiiclosiire. 

No.  1().  Same  to  the  same,  No.  11:?,  November  28,  1879,  with  (me  liieloHure. 

No.  17.  Mr.  Evarts  to  Mr.  Iloppiii,  No.  412,  Ja;:iiary  K>,  1880. 

No.  18.  Same  to  the  Htmw,  telegram,  February  5,  1880. 

No.  19.  Mr.  Hoi)i)iii  to  Mr.  Evarts,  No.  14;{,  February  7,  1880,  ;  • 

No.  21).  Saiii.^  to  the  sanH>,  No.  147,  February  10,  1880. 

No.  21.  Same  to  the  same,  No.  l.^iO,  Fel»riiary  14,  1880,  with  one  iiielosnre. 

No.  22.  Same  to  the  name,  nnoHicial  letter,  Feurnary  14,  I8rt0,  with  one  ineloHiiro, 

No.  2:{.  Mr.  Evarts  to  Mr.  Iloppin,  telegram,  February  2(),  1880. 

No.  24.  Mr.  Iloppin  to  Mr.  Evarts,  No.  1.5(>,  February  27,  1880,  with  one  inclosnic. 

No.  25.  Same,  to  the  same.  No.  Ui'.i,  Mareh  9,  1880,  with  one  inclosurc. 

No.  2(i.  Same  to  the  same,  No.  170,  A[H'il  (i,  1880,  witli  two  inelosures,  nann>ly: 

1.  liord  Salisbury  to  Mr.  Ho[)piu,  April  :$,  1H80,  with  ])rinte<l  aiipendices 
rontaining  de])ositions,  »S:e.  .  ^ 

2.  Mr.  IIoi)pin  to  Lord  Salisbury,  April  (),  1880.       '":        '  .  :?• 
No.  27.  Mr.  Evarts  to  Colhutor  Habson,  August  5,  1879. 

No.  28.  Mr.  Evarts  to  Sir  Edward  Thornton,  August  5,  1879. 
No.  29.  Keport  of  Mchbih,  Dabsou  aud  Foster,  Boston,  September  29,  1879,  with  ac- 
coupauiuieutH, 


ALLEGED   OUTKAOE    UPON   AMERICAN    FISHERMEN. 


157 


two  inclosiii'cs, 


a  iucloBiiro. 


iiicloHtiro,  w  itli  11 


Document  No.  1. 

Mr.  Uvarta  to  Mr.  Welsh. 

y^^  ;};{.|  Departmknt  OF  State, 

WuHhitKjton,  March  2,  1878. 

Sir:  C()mi)liiiiit.s  liiive  rciiclied  tlio  (lepartiiieiit  of  soiioiis  iiiti'rJt'n'iic« 
willi  AiiK'ricun  lisln'iiiu'ii  ciipitied  diiriiij;  tho  picsriit  seii.soii  in  tho 
luiriiij'-  lisluiry  on  Ili(^  c-oiist  ot'  NewtbmuUinul,  t'.spooially  in  tiiti  ntiifjli- 
l)oili(M»(l()t  Lony  llarlxd".  The  complaint h come  I liroiifjh  various  sources; 
lii:,t,  IVoiii  liie  IJnited  States  consuls  in  that  province;  the  consuls  con- 
liniiij;  themselves,  however,  to  genoral  statements,  based  on  representa- 
tjuiis  made  to  them  by  lishermen  immediately  allected  at  the  time  of  the 
(uriuTciices,  which  form  the  jrrounds  of  eomplaints.  Still  more  n;- 
ciMilly,  however,  these  complaints  have  been  preferre<l  in  a  more  specific 
iiiaiiiiti',  supported  by  atlidavits  of  the  niasters  of  several  lishin;;  ves- 
sels owned  and  lilted  out  at  (Houcester,  Mass.  From  these  statements 
il  ii|)i>ears  that  about  tlieOth  of  .January  last  no  less  than  ei^ht  schoon- 
ers lioin  liie  above  named  port,  while  engaf^ed  in  the  herrin;;-  fishery  at 
iiiid  ill  the  neif^hboriiood  of  Lon^  Harbor,  were  attacked  by  the  iidnibi- 
tiuits  to  the  nundter  in  one  instance  of  (>()  men,  and  in  another  200  or 
iiion',  and  their  seines,  which  were  8et  and  in  most  cases  fu!I  of  lish,eut 
iiiul  destroyed,  and  the  tish,  in  one  case  to  the  amount  ol  5,000  barrels, 
;iii(l  ill  otiiers  oidy  less  in  quantity  and  value,  scattered  and  run  nut  to 
sen,  rt'sultinjjf,  Iteside  the  {jreat  loss  of  j)roperty,  in  the  vessels  beini; 
(ililii^eil  to  return  to  their  homo  port  in  ballast,  and  also  to  abandon 
tlieir  fisliiiifj  enterprise  for  the  season. 

WlicM  it  is  reineud>ered  at  what  considerable  expense  the  preparations 
iire  Jiiiule  for  a  season's  fishing  in  these  uorthern  latitudes,  and  that  very 
iiiiiiiy  of  tlie  men,  both  masters  and  mariners,  embark  their  all  in  the 
enterprise,  the  serious  character  of  these  losses  nniy  be  partially  under- 
stood. 

iiisf Mictions  have  been  sent  to  the  consuls  to  transmit  fuller  informa- 
tion oil  the  subject,  and  this  will  bo  furnished  you  as  soon  as  it  shall 
liiivc  lii'cn  received.  In  the  mean  time  it  is  deemed  advisable  to  instruct 
villi  to  brill};  the  matter  to  the  attention  of  Her  Majesty's  Government, 
imd  to  request  that  it  will  cause  an  investigJition  to  be  made  into  the 
alh'yed  facts  of  the  case,  and  to  adopt  such  measures  as  may  be  found 
necessary,  not  only  to  put  an  end  to  the  evil,  but  also  to  prevent  a  re- 
IciiiTeiice  of  acts  which,  in  addition  to  the  injuries  and  losses  to  individ- 
iiiils,  may  have  a  tendency  to  complicate  tiie  fjood  relations  which  so 
hiippily  subsist  between  this  government  and  that  of  Her  Britannic 
I  Majesty. 

I  am,  &c., 

'     ■  W.  M.  EVAETS. 


Document  No.  2. 
'  ^    ■  Mr.  F.  W.  Seicard  to  Mr.  Welsh.  .....i^„r..- 

^No.  05.]  Department  of  State, 

Washington,  April  0,  1878. 

Sir:  Referring  to  instruction  No.  33,  addressed  to  you  by  this  depart- 
|ineut,  uuder  date  of  2(i  March  last,  i  u  relation  to  the  alleged  iuterforeuce  by 


158 


ALLEGED  OUTHAOE  UPON  AMERICAN  FISHERMEN. 


1     ■.,; 


the  iiihabitantH  of  Lon^  lliirbur,  N»wfoiitulliiii(i,  with  certain  Ainciiciins 
fii^jiitjiul  in  the  horriiit;  fishery  there,  I  now  ineh)so  lor  yonr  inforina. 
tion,  eopicsof  further  evich'nce  in  the  matter,  taken  at  St.  tI»»hn'H,  wlijcli 
has  been  received  from  the  consul  of  the  United  States  at  that  place. 
1  am,  isii'j.. 

F.  W.  SKWAliD, 

Acthuj  Sccrcldnj. 

For  inclosiiro  No.  1,  deposition  of  Alfred  Noel,  see  No.  1,  Appendix 
A,  to  Lord  Salisbury's  note  of  April  3,  l.S.S(>.     (l)o(!ument  No.  '2(1) 

For  intrlosure  No.  2,  deposition  of  John  Uumsey  or  Kamsey,  see  No, 
2,  Appendix  A,  as  above. 


Document  No.  3. 
Mr.  EcarlH  to  Mr.  Welsh. 


No.  ( 


u. 


'  I)ei'Art:\ient  ok  State, 

Wanhiiifftoii,  April  L'(»,  1S7S. 
Siu  :  Keferrinij  to  the  instruction  iornierly  addressed  to  you  in  rein- 
tion  to  the  interference,  l)y  certain  tishernien  of  Newfoundland,  with 
Americans  enjja^ed  in  the  herrinj;  tishery  at  Fortune  Jiay,  duriiifjtlie 
past  winter,  I  now  inclose  for  your  further  information,  a.  copy  of  a  (lis 
patch  of  the  2d  instant,  No.({(»,on  the  subject,  from  the  commercial  a^'i'iit 
of  the  United  States  at  St.  Pierre,  Miquelon. 
I  am,  &o.,     ,  ■•  .■■f;,        ;'.'•■■  ^.'■■'  ■ 

WM.  M.  EVAKTS. 


Iliiclosiiro  with  No.  07.) 
Mr.  McLaughlin  to  Mr.  Seward. 

No.  (>(j.j  COMMKRCIAL  AOISNCY,  U.  H.  A., 

St.  Pinrre,  Miqudon,  Ainil'i,\*i'ii. 

Su! :  I  liiivo  tho  honor  to  nckiiowledjto  roceipt  of  ymir  dispatcli  (No.  4'J)  uiHli'rduiti 
!;21st  bV-  'uiry,  from  wliidi  I  Iciirii  that  a  report  has  Wvw  mudo  to  tho  D(4)artiiifiit 
of  Stat  ()  tilt)  clfcct  that  a  luimhdr  of  Aiiicric^an  vessels  ha<l  been  obliged  to  \v\\\r 
Fortune  ilay  on  account  of  th(i  autajjoiuHni  of  the  li.sliornien  in  that  bay,  wlio  "cm 
thoir  cables  and  set  their  vesBcls  adrift;  "  and  further,  that  "Honie  fourteen  or  iiiimo 
vesselH  (American)  had  b(^en  compelled  by  the  natives  to  retire  from  the  bay''  willi- 
out  their  cargocH,  and  that  "Captain  .Jacobs,  of  schooner  Mohcs  Adams,  had  Iktii 
eoin))ollod  to  dofond  himuelf  and  vessel  from  tho  UHsaults  which  were  made  iiimii 
liim." 

I  lM;g,very  respoctfnlly,  to  observe  that  Long  Harbor  in  Fortune  Bay,  tho  locality 
in  which  tlio  diliiculties  occurred,  is  distant  from  St.  Pierre  about  1)0  miles,  and  tli.ii 
during  the  winter  months  there  is  almost  a  complete  cessation  of  conununi(!atioii  lif 
twtMMi  that  liarbor  an<l  St.  Pierre,  and  that  no  intimation  of  the  matters  alluded  to  in 
your  dlspaleh  v,\\\w  to  my  knowledge  until  through  the  Newfoundland  and  Nova 
Scotian  Journals,  long  after  the  ditllculties  occurretl,  whiidi  will  account  for  ny  not 
having  made  it  my  duty  to  report  to  the  Department  on  tho  subject. 

Since  the  reception  of  your  disjiatch,  which  came  to  hand  on  Ulst.  March,  I  liave 
been  enabled  to  (ditain  information  from  several  parties,  and  among  others,  liom  an 
eye-witness  to  the  imitter  in  which  Captain  Jacobs  was  an  actor,  and  tho  l'ollo\viii|; 
(or  as  nearly  as  I  can  obtain  it)  is,  1  believe,  reliable  information  : 

On  Sunday,  January  i:$,  three  crews  of  American   schooners,  assisted  by  n"in«  I 
Newfoundlanders,  put  out  their  seines  to  haul  herring  ;  they  all  succeeded  in  gottiui!  | 
large  qnantities  in  their  seines,  when  tho  fishermen  of  the  bay  (Newfouiidlanileh) 
gathered  together  and  went  to  each  of  tho  captains  and  demanded  that  they  slioiiid 
lot  the  h'lrri  ng  go  outof  their  seines,  under  the  pretext  that  as  tlio.\  (the  natives)  diiluoi 
Boino  pa  the  Sabbath,  an^  »8  it  wj^s  contrary  to  law,  they  would  not  allow  it  to  be  I 


tMEN. 


ALLEQEU   OUTKAOE    UPON    AMERICAN    I'lSlIERMEN. 


\F)d 


tain  Amcrioaiis 
•  your  iuforina- 
;.  .lolin's,  wliicli 

lit  tllilt  plilCl!, 

WAUU, 

in(j  Scrrtlary. 

o.  1,  Ap|H'll(lix 

It  No.  2(5.) 
Uimscy,  see  No. 


[i"  State, 

l/>n7  L'(i,  1S78. 
1  to  you  in  rolii- 
foundlaiMl,  with 
Hay,  tluiiu};  the 
:i  copy  of  ii  (lis 
)uiinercial  ii<,'eiit 


M.  EVAUTS. 


Y,  IT.  H.  A., 

Ion,  April  '2,  1«T8. 

No.  4D)  miller  (liiio 

tlio  l^iipart incut 

II  obliged  to  IciiW' 

lut   bay,  who  '•cut 

I'oiirtci'ii  or  iiioM 

II  the  biiy"  witli- 

Adam.s,  liad  licni 

were  uiude  iiihiii 

Buy,  the  locality 
)0  luileN,  and  tliiit 
>iiiiniiiiieati(iii  lit^- 
vttcrH  alluded  to  in 
ndlaiid  and  N"va  I 
count  for  ny  not 
t. 

ilHt  March,  1  liavn 
\>i  others,  I'nuii  uii 
anil  the  rollowiiij;  I 

assisted  by  h'HH" 
ccoeded  in  ^'^•''"1!  | 
NewfoutidhiiKlers) 
I  that  t  hey  nIii'iihI  | 
honativeH)diiluoi 

not  allow  it  to  be 


l,l„„o  by  fort'lgners.  Tho  flrHt  captain  they  addresHed  (Capt.  .lames  McDonald,  of 
hi'Ikmiiiim'  1'.  A.  Hiiiith)  auceded  to  their  deinandH  and  took  up  his  setiie  ;  tiie  secoiwi, 
('ii|ilaiu  .lat'idm,  of  seliooner  Moses  Adams,  had  in  the  mean  time  run  his  h<M'rin}{into 
uimtlur  seine  bi'Ion>;ini;  to  asoine-inast.T  (Mr.  Karroli,  of  I'oitiiiie  H,iy,  who  >vas  work- 
ing wilii  liim,  and  whii'li  was  moored  inside  of  his  own);  he  took  up  liis  own  seine  into 
liJH  litiat,  but  refused  to  let  the  hi^-riiif;  out  of  the  olhia*  one.  On  some  tlinMitening 
lini'iia^e  bein)(   used   by  the  nsherineii,  he   drew  a  revolver  and  declared  he  would 

I  (tlidol  till'  lirst  man  who  would  seek  to  injnn*  him  or  his  seine;  he  llnally  row»(d 
iiliiiai'it  ids  Ncliooner,  wiiich  was  moored  at  a  short  distamu*.     The  natives  then  went 

I  toCaptaiii  Da^o,  of  the  sidiooner  New  Enjfland,  and  demanded  that  he  should   trip 
liiHKriiie  anil  let  out  the  herring  ;  this  he  linnly  refused  to  do.    Tito  lishermen  then  let 
tlii<  licrriiig  out  and  hauled  the  seine  ashoi'e  and  rnu  it  up  the  beach,  tearing   and 
liicakiiig  it  in  iiieees. 
l''ioiii  what  I  t^aii  lenrn,,  the  Htatement  that  the  schooners  were  obliged  to  leave  tho 

I  iiiiy  on  aiMdiint  of  the  antagonism  of  the  natives,  is  inexact,  as  they  still  eontinned  to 
fry  (lining  the  wetdi-days  with  the  same  seines  (exiiejit  Captain  Dago's,  which  wasilo- 
Htioyid)  for  a  fortnight  or  more  after  the  before-related  oeenrrem^es  without  any  liMi- 
ilcniiice  whatiwer  on  the  part  of  the  natives,  and  it  is  asserted  that  it  was  owing  to  the 
I'xcei'ilingly  mild  season  and  conse<iiient  intpossibility  to  freeze  herring,  for  which  pnr- 
iiiiM^tlu^Hciiooners  alluded  'o  were  fitted  oi.t,  that  they  left  withont  their  caruoes,  ami 
that  considerable  herring  had  been  taken  from  time  to  tiiuo,  but  after  having  tried 
(i)  Ihiezo  tliein,  they  were  r'peatodly  obliged  to  sell  them  to  tho  vessels  loading  salt- 
iicrriiig.  This  reason  appears  to  be  very  lik<?ly  tho  correct  one,  as  I  can  hear  no  ae- 
(iiimt  whatever  of  any  vesstds  having  had  their  cables  cut,  or  wf  any  other  serious 

IdiDlciiIty  having  occurred  othi^r  than  the  one  i.llnded  to  i:Uh  Jannary. 

Ill  the  winter  of  lH7()-"77  a  similar  case  ot^enrred,  one  of  the  American  Hoinos being 

I  ])iit  out  on  Sunday  by  the  crew,  in  charge  of  a  Newfoiindlamler  as  soino-niaster,  .lore- 

liiiiali  IVtites.     The  piMiplo  of  tlio  liay  demanded  that  tho  seine  should  not  be  hauled, 

I  ami  it  was  accordingly  tripped  and  taken  up  by  the  owners,  no  further  dit!ioulty  oc- 

|ciin'ing. 

1  make  these  observations  in  order  to  show  as  fully  as  possible  tho  probably  real 

Ifitatu  of  the  matter,  ami  nnd(!r  1  ho  im))ression   from  all  I  can   hear  that  the  reports 

liiiade  to  the  department,  and  an  related  in  your  dispatch,  are  more  or  less  incorrect. 

|I  iliiiik  there  exists  a  very  decided  feeling  of  hostility  on  the  part  of  tho  Nowfouud- 
landers  to  tho  use  of  the  large  seines  by  American  tisht!rinen  in  their  waters,  bnt  have  no 

Iriiisnn  to  bidieve  that  any  action  has  evw'  been  taken  to  prevent  their  hauliug  or  to 

liiijiin!  tlioin  in  any  way,  except  when  hauling  on  Sunday  ;  at  the  same  tinio  it  is  quite 

Ipniiialile  that  they  have  seized  on  the  occasion  thus  otl'ored  to  show  their  dislike  to 

jgeines  being  used  by  Americans  in  competition  with  tliair  own. 
1  have  the  honor  to  bo,  air,  very  rcspecdfnlly,  etc., 

w.  F.  Mclaughlin, 

Vice  Commercial  Agent,  UnUvd  States  o^  America. 


Document  No.  4. 
Mr.  Uoppin  to  Mr.  Evarts. 


^0.  5. 1 


'     ,  Legation  of  the  United  States, 

London,  May  4,  1878. 

Sill:  Kt'ferring  to  instructions  Nos.  3.5  anil  55,  from  the  Department 
of  Stiito,  dated  ou  tho  2d  of  March  and  (ith  of  April  respectively,  in  re- 
lation to  the  allejfed  interference  by  tho  inhabitants  of  Long  Harbor, 
pewfoinidland,  with  certain  Americans  engaged  in  tho  herring  fishery 
Itlieic,  I  have  tho  honor  to  inclose  a  copy  of  tho  correspondence  on  that 
piibject  which  has  passed  between  this  legation  and  tho  British  roreign 
')llicc. 

hi  the  absence  of  directions  to  that  oft'ect  it  has  boon  thought  neces- 
feary  to  send  to  Lord  Salisbury  copies  of  the  further  evidence  iu  rela- 
liou  to  the  matter  inclosed  iu  Mr.  Seward's  No.  55  of  the  6th  of  April 
last. 

I  have,  etc., 

WILLIAM  J.  HOPPIK. 


IHO 


ALLEUliJJ   UUTliAUE    Ul'ON   AMliKlCAN    FISHEBMEN, 


M 


mir. 


[Iiiclosuro  1  with  Xo.  5.] 

Mr.  Welsh  to  Earl  of  Derby. 

Legation  of  t)ie  United  States, 

London,  March  ID,  187H, 

My  Loitn :  I  havo  the  lioiior  to  jicqmiiut  your  lordship  that  complaints  have  I 
niK^hcil  tlio  Dcpartiiioiit  of  Stato  at  VVashiugton  of  serious  interference  with  American 
liHtieiMKMi  eii<r.if;e(l  during  the  present  season  iu  the  herring  fishery  on  the  coast  of 
Ni'wtotindhiiid.  especially  in  the  iieij^hborhood  of  Long  Harbor.  The  complaintj 
come  from  various  sources:  first,  from  the  United  States  consuls  in  that  province 
the  consuls  couliuiup;  themselves,  however,  to  fjfeneral  statements  based  on  represout! 
at  ions  made  to  tliem  by  fishermen  immediately  a  I  ctod  at  the  time  of  the  occurreiicei 
which  form  the  ;j;roun(ls  of  the  complaints.  Still  more  {ocontly,  however,  these 
complaints  have  been  pnjl'ened  in  a  more  spec i lie  manner,  supported  by  aflidaviu  | 
of  the  masters  of  several  tiwliinj^  vessels  owned  and  fitted  out  at  Gloucester,  Mass, 

Krom  these  stal.eii.cuts  it  appears  that,  about  the  (ith  of  January  last,  no  less  than  I 
eifjlit  schoouors  from  the  aoove-namcd  port,  while  engaged  in  the  herring  fishery  at 
and  in  the  neighborhood  of  Loug  Harbor,  were  attacked  by  the  inhabitants  to  the 
number  in  one  instance  of  GO  men,  and  in  another  200  or  more,  and  their  seines,  which 
were  set,  and  in  most  cmscs  full  of  lish,  cut  and  destroyed,  and  the  lish  in  one  case  to  I 
the  amount  of  5,000  barrels,  and  in  others  only  less  in  quantity  and  value,  scattorcill 
and  run  out  to  sea,  resulting,  besides  the  great  loss  of  property,  in  the  vessels  beinn 
obliged  to  return  to  th(;ir  home  port  in  ballast,  and  also  to  abandon  their  fishing  I 
enterprise  for  the  season.  I 

When  it  is  remembered  at  what  considerable  expense  the  preparations  are  made  I 
for  a  season's  fishing  in  these  nortbern  latitudes,  and  that  very  many  of  the  men,  both  I 
masters  and  mariners,  embark  their  all  in  the  enterprise,  the  sorioua  character  of| 
these  losses  may  bo  partially  uiuh^rstood. 

Instructions  have  l)eeu  sent  to  the  consuls  to  transmit  fuller  information  on  tliesub- 1 
jeet,  and  I  am  advised  that  this  will  be  furnished  to  mo  so  soon  as  it  shall  havo  bc«n 
received  by  the  Department  of  State.  I 

In  the  mean  time,  I  am  instructed  to  bring  the  matter  to  the  attention  of  Hetl 
Majesty's  Government,  and  to  reipiest  that  it  will  cause  au  investigation  to  he  made  I 
into  the  alleged  facts  of  the  case,  and  adopt  such  measures  as  may  be  found  neces-sarj  I 
not  only  to  put  au  end  to  the  evil,  but  also  to  prevent  a  recurrence  of  acts  which,  in  I 
addition  to  the  injuries  and  losses  by  individuals,  may  have  a  tendency  to  complicate! 
tlie  good  relations  which  so  happily  subsist  between  tho  Goverameut  of  the  United  j 
States  a'rul  that  of  her  BritanLic  Majesty. 

I  have,  &c-  ^,      .  .    .       • 

JOHN  WELSE 


[Iiiclo3ure2in  Ko.5.]  ■ 

Lord  Derby  to  Mr.  WeUh. 

Foreign  Office,  March  25,  1878, 

Sir  :  I  havo  the  honor  to  acknowledge  the  receipt  of  your  letter  of  the  I'Jth  instant,! 
stating  that  you  have  been  iustnuited  by  your  government  to  make  a  representatioil 
to  Her  Majesty's  Government  relativj  to  the  differences  which  liave  arisen  betwttnl 
British  and  United  States  fishermen  on  the  coast  of  Newfoundland,  and  I  havetoin[ 
form  you  in  reply,  that  the  matter  shall  receive  due  consideration. 

I  have,  &c,, 

'  •        DERBY. 


■   '  [luclosiirii  y  with  No.  5.1 

7^,  ,;,    .  Lord  Salisbury  to  Mr.  ITopjnii. 

FouEiQN  Office,  May  '.i,  ISTt*. 
Sm :  I  referred  to  Her  Majesty's  secretary  of  state  for  the  colonies  Mr.  Welsh's lettwj 
of  the  I'Jth  of  March,  upon  the  subject  of  the  disputes  which  had  taken  place  hetweeil 
British  and  United  Stales  fishermen  on  the  coast  of  Newfoundland,  and  I  have  tbfl 
honor  to  acquaint  you  that  l.ani  informed  that  imiuiriesare  being  instituted  iiitothtl 
matter  both  by  the  authorities  of  Newfoundland  and  by  the  senior  naval  ofWcer  onthfl 
Btatiou,  on  learning  the  result  of  which  I  f  hall  havo  the  honor  of  addressing  a  furttej 
communication  to  you.  tquiipv 

I  have,  &c.,  SALI8I3UK1. 


ALLEGED   OUTRAGE   UPON   AMERICAN   FISHERMEN. 


161 


JOHN  WELSH, 


Document  No.  5. 

Mr.  F.  W.  Seward  to  Mr.  Welsh. 

fjo.  125.J  Department  of  State, 

Washington,  August  13, 1878. 
Sib:  Referring  to  Mr.  Hoppiu's  dispatch  No.  5,  of  the  1th  of  IVfay 
lust,  ill  refjarcl  to  the  interferouce  by  certain  inliabitauts  of  the  coast  of 
Newtoiiudiaud  with  American  tishermen,  in  which  it  was  stated  that  an 
investigation  was  being  made  into  the  matter  by  the  colonial  anthorities, 
and  tliat  the  result  thereof  would  be  communicated  to  the  legation,  1 
desire  to  be  informed,  in  the  absence  of  further  intelligence  from  you 
upon  the  siil)ject,  whether  you  have  received  any  additicnial  i)articuiars 
from  tl'c  British  Government.  If  not,  you  are  instructed  to  recpiest  Her 
Majesty's  Government  to  advise  you  of  the  progress  of  the  iucpiiry.  You 
will  transmit  whatever  information  may  be  obtained  to  the  Depurtr.jut. 
I  am,  &c., 

F.W.SEWARD, 
;  ^  '  Acting  tSecreu  r I!. 


Document  No.  G. 
Mr.  Welsh  to  Mr.  Evarts. 


m.  132.1 


Legation  of  the  United  States, 
London,  August  134,  1878.     (lieceived  September  4.) 

Sir:  Referring  to  your  Nos.  33,  55,  and  07,  and  to  Mr.  Moj»pin's  No. 
|5,  relating  to  certain  alleged  outrages  upon  American  lishermen  com- 
Imitted  on  the  coast  of  Newfoundland,  I  have  the  honor  to  inform  you 
Itliat  1  have  received  a  note  from  Lord  Salisbury,  inclosing  the  report  of 
Icaptaiii  Sulivan,  of  her  Majesty's  ship  Sirius,  upon  these  occurrences. 
Il  transmit  herewith  copies  both  of  Lord  Salisbury's  note  and  ot'  its  iu- 
Iflosure. 

I  have,  &c., 

JOHN  WELSH. 


I  IiicloHure  in  Ko.  132.] 

Lord  Salisbury  to  Mi:   Welsh, 

FoiuoiGN  OVFicE,  August '23,  I87ti. 
Siu;  llcr  MiiJGsty's  Govornnicnt  have  luid  niidcr  their  considoiatioii  your  letter  of 
(lie  mill  of  March,  iiiakiiijj  ropresontations  relative  to  certain  (listurbancen  which  oc 
iiiii'd  ill  January  hist,  between  British  and  lJnit(!(l  Htates  fishernioii  at  Fortune  IJav 
bii  Ilit^  coast  of  Newfoundland,  and  rofiuestinjjf,  in  acconhmce  witli  the  instructions  of 
lour  ftoveruuicnt,  that  an  investigation  nii<;ht  be  made  into  the  aUejjed  facts  of  the 
pisc;  and  I  liave  now  the  Voi'or  to  transmit  to  yon,  for  yonr  information  and  for  vxmx- 
pmnicatioii  to  yonr  government,  the  accompany  ing  copy  of  a  report  <lr:iwn  u|)  l)y  Cap- 
liiiii  .Sniivan,  R.  N.,  o"  Her  Majesty's  ship  Sirius,  tlie  ofllcer  iutrnstcd  witli  the  duty 
ft' instituting  an  inqniiy  into  tlio  matter  on  tiie  spot. 

Yiin  will  perceive  thiit  tlie  report  in  (piestion  ap))cai"8  to  demonstrate  conclusively 
jiwl  I  111'  I'liited  States  fithermen  on  this  occasion  had  committed  three  distinct  breaches 
It  lliti  law,  and  that  no  violence  was  used  by  the  Newfoundland  fishermen  except  in 
Bii'  case  of  one  vessel  whose  master  refused  to  comply  with  the  request  which  was  made 
1)111111  that  he  should  desist  from  fishing  on  Sunday,  in  violation  of  the  law  of  tlie 
felony,  and  of  the  local  custom,  and  who  threatened  the  Newfonmliand  fishermen  with 
jrcvolvor,  as  detailed  in  i)aragrapLs  five  and  six  of  Captain  Sulivau's  report. 
I  have  the  honor  to  be,  &c., 

SALISBURY. 
S.  Ex.  113 11 


r'^SffT' 


162 


ALLEGED    OUTRAGE    UPON    AMERICAN    FISHERMEN. 


[Appendix   to  incluauro  iu  Ifo.  i:i!i.  I 

Report  on  the  differences  that  arose  between  British  and  I'nited  States  fishermen  in  Januan 
1678,  by  Capt.  George  Lijdiaard  Siilicun,  of  her  Majesty's  Mj)  Sirius. 

Having  carefully  weighed  the  e%'i(lPiico  given  on  oath  beforo  nio  by  Nowfouiullani I 
(ishernien  jtreHent  at  the  time,  together  with  that  inclosed  in  thu  conespondeiicel'ot.l 
\yardt'd  for  my  perusiil,  I  am  of  opinion — 

1.  Tliat  tlio  AniericaiiH  were  using  Heiiies  for  catching  herring  on  the  Gth  of  Jaiiuarv  I 
1H78,  in  direct  violation  of  Title  XXVII,  chaptt^r  10*,  wei  Moii  I,  of  the   coiisolldut).,! 
statiitcH  of  Newfoiunlland,  viz :  "  N(t  jnu'son  sliiill  hanl  or  take  Inu'ring  by  or  in  a  mn\ 
or  other  such  contrivance  on  or  near  any  ))art  of  the  coast  tiftliis  colony  or  of  itsili-. 
pendencies,  or  in  anv  of  the  bavs,  harbors,  or  other  places  therein,  at  any  time  between! 
the  '-iOth  day  of  October  and  the  Sr.th  day  of  April." 

■i.  That  the  American  captains  were  setting  and  putting  out  seines  and  haidiiig  a 
taking  herring  on  Sunday,  the  (>th  January,  in  direct  violation  of  section  4.  clmi), 
of  the  act  passed  'itith  April,  1h70,  entitled  "An  act  to  amend  the  law  relating  tiMliel 
coast  lisheries,"  viz:   "  No  person  shall,  between  the  hours  of  twelve  o'clock  on  ,Siii.| 
urday  night  and  twelve  o'clock  on  Sunday  night,  haul  or  take  any    herring,  ca|i 
or  squid  with  imt,  seines,  bunts,  or  any  such  contrivance  for  tlu!  purpose  of  siicll 
hauling  or  taking." 

:i.  That  they  were  barring  fish  in  direct  violation  of  the  continnanco  of  tlio  suiuei 
a(!t,  Title  XXV'II,  chaj).  U)2,  section  1,  of  the  consolidated  statutes  of  NewfoniM 
"or  at  any  tium  use  a  seine  or  other  contrivance  for  the  catching  or  taking  of  herrings.! 
except  by  way  of  shooting  and  forthwith  hauling  the  same." 

4.  That,  contrary  to  the  terms  of  the  Treaty  of  Washington,  in  which  it  is  esprciwlti 
j)rovided  that  they  do  not  interfere  with  the  rightsof  private  projjcrty  or  with  Britistr 
lishernuMi  in  the  peaceable  use  of  any  part  of  the  said  coasts  in  their  occujjancy  for  thel 
same  ])urpose  (see  article  18  of  the  above-nanuid  treaty),  they  were  lishing  illBfjallvT 
interfering  with  the  rights  of  British  lishernien  and  their  peaceable  use  of  that  pan| 
of  the  coast  then  occupied  by  them,  and  of  which  they  wert^ actually  in  possessinii- 
their  seines  and  boats,  their  huts,  gardens,  and  laud  granted  by  govern  men  t  being  >iij 
uated  thereon. 

Jij  It  is  distinctly  shown  in  theevidenco  that  the  causeof  the  ditferencocorameiitpdl 
with  the  Aniericnus  by  their  |»ersjsting  in  shooting  their  seines  on  the  Sunday,  asthJ 
Englishmen  who  worked  tor  thein  would  not  do  it  on  that  day,  not  only  on  accoiiutof] 
its  being  illegal,  but  of  their  religious  regard  for  the  Sabbath,  which  is  always  striclljl 
kept  by  them,  and,  although  it  must  be  observed  that  the  result  of  this  illegal tL4l 
ing  would  have  been  that  the  Americans  would  have  secured  the  wholeof  th(>  lierrinJ 
in  the  bay  on  that  day,  to  the  exclusion  of  the  rights  ami  fair  chances  of  all  theotliffll 
during  the  week,  yet  there  is  no  evidence  to  prove  that  this  or  anything  else  l)iitll»| 
fa(;t  of  its  being  Sunday  and  the  law  and  custom  among  tluiuisclves  regardiugiJ 
promi)ted  them  to  demand  that  the  seines  shoidd  be  withdrawn. 

t).  It  is  shown  by  the  evidence  of  all  those  witnesses  present  at  the  time  whou  tbl 
Americans  were  remonstrated  with,  and  told  to  lake  tiu'ir  seines  ui>  prior  to  aii.v  »\ 
rious  ste|>s  being  takiju,  and  it  is  also  distintitly  proved  that  no  violence  was  resortell 
to  until  after  the  exasperating  conduct  of  Cai)tain  Jacobs,  the  American  master  of il 
schooner  concerned  in  this  illegal  lishing,  who  threatened  them  with  a  revolvirr 
they  ])revented  him  or  interfered  with  hisseiue. 

7.  It  does  not  apjjcar  that  the  native  lishernien  were  aware  of  the  illegality  of  liaiill 
ing  a  seine  in  the  month  of  January.  It  is,  therefore,  to  be  presumed  that  t  lid  AiiwJ 
leans  were  also  ignorant  ofthat  law,  although  theirignorance  can  not  exoneiatiiiin'J 
from  the  breach,  nor  does  it  (exonerate  John  Hickey,  an  Englishman,  who  is  cliarddl 
with  the  same  olf'euse,  and  whom  it  is  my  intention  to  summon  before  me  to  iinswn] 
to  that  charge. 

H.  The  stateuumt  of  the  Americans  that  they  were  com])eIled  to  leave  the  liarln 
and  leave  oft'tishing  is  entirely  without  foundati<m,  which  is  i>roved  by  the  evi(im| 
of  those  exaii'.ined  before  me,  among  whom  was  Mr.  Snellgrove,  collectiu'  of  ciisloro 
who  was  there  a  week  after  the  occurrence,  and  communicated  with  them,  andliylli^ 
evidence  of  others  to  the  effect  that  they  remained  for  about  a  fortnight  or  niof 
"  until  the  herring  slacked,"  and,  with  respect  to  their  loss  '>f  the  haul  of  hcrrinfili! 
the  seino  being  emptied,  tlie  fish  were  not  tlieir  lawful  property,  having  been  ill*j 
gaily  caught. 

In  support  of  this  view  of  the  conduct  of  the  Americans,  I  am  not  only  boriieoij 
by  tho  evidence  of  the  Eortnii'?  IJay  fishermen,  who  made  their  statements  in  iii 
markably  frank  and  straightforward  manner,  but  by  the  self-conlliiting  evideiiMJ 
those  very  Americans  themselves,  whose  depositions  given  on  oath  show  tliom j 
have  been  illegally  iishing,  and  who  were  liable  thereby  to  the  forfeiture  of  thaj 
seines,  nets,  &c.,  by  chap.  IO::i,  sectiou  12,  of  the  consolidated  statutes. 

GEORGE  L.  SULIVAN, 
Captain  and  Senior  Office- \ 


.  J<* 


LMEN. 


ALLEGED    OUTKAGE    UPON    AMERICAN    FISHERMEN. 


163 


lermen  in  ./aiiimrj, 
p  Siiiw- 

by  Ncwfoundlaiiil 
Dn'ospoiulinicufcr-I 

;\io  6th  of  Jiinuary,  | 
tho   coiisolidiiM 
iiifr  by  or  ill  asfiinl 
!oli)iiy  or  of  its (^ 
bany'time  bctweciil 

leHmulliaulingiiiiill 
section  4,  cliiip. 
law  r<'liitiii;j;tiitli(l 
ivo  o'clock  oil  S;ll-| 
iiy  luTiiii};-,  ciiiiliii, 
hi',  j)uri)08e  of  suck] 

imauce  of  tlic  saiMl 
w  of  Nt;wfoni'illai)il,[ 
.-taking  of  lierriug«. 

.vhich  itisexinwhl 
perty  orwithBritislI 
>iroccui>aucyfortliel 
ore  tisbing  illegallyl 
iblo  UNO  of  that  patl| 
;uaUy  iup^sscssioii- 
rovcrniucntbcingsitl 

liflVrcncocommeiKfil 
ontbcSumlay.astlitl 
lot  only  on  accoiuitoll 
licb  is  always  striolljl 
It  of  tbiH  ill('i;alti.4l 
iwliolooftbchcrrin!! 
iiiicesofalltliootlwl 
iinytbingelaebutthtl 
iiisclvcs  i-egardiug  ill 

t  the  time  when  tkil 
Is  ni>  prior  to  any  »l 
[iolcnco  was  resorteil 
kmoricaa  niasttjiofij 
\m  with  arcvolvtTiI 

tbo  illegality  of  liaiij 
Lnun.MUbattli.'Aimij 
Innotoxoncrati'tM 
(man,  wlio  i« 'liiifUl 
1  before  nie  to 


;i|»Itfl 


to  leave  tlie  Imtli 

loved  l)V  tlie  evuku 

collector  of  cnalon 

/ith  them,  and  In- in 
la  fortnight  or  ui<« 
lie  haul  of  herrini:' 

Jy,  having   been  i«t 

In  not  only  horn.' »' 
statomentu  ni:" 
Inllicting  evidPiiM 
1  oath  Hhow  tlicio 
1,0  forfeiture  of  tW 
itutes. 

JL.  SULIVAN, 
In  and  Senior  OS^ctt- 


DOCtlMENT  No.   7. 

Mr.  Erarts  to  Mr.  WehTi. 

}No.  loO.J  ,     ,     -     Department  OF  State, 

Washington,  September  28,  1H78. 
Sib:  I  received  in  due  course  .your  dis|);it(;li  of  Au^jnst  24  ultimo,  in- 
closing,' Lord  Salisbury's  reply  of  the  British  Government  to  the  repre- 
sentations that  had  been  made  to  it  as  early  as  March  last  by  you,  utuler 
instructions  from  the  Department. 

I  must  understand  Lord  Salisbury's  note,  accompanying  the  copy  of 
l^aptiiii  Sidivan's  report,  which  he  communicates  to  this  frovernment,  as 
adopting"  that  naval  officer's  conclusious  of  fact  respecting  the  violent 
injuries  which  '^ur  flshiugf-Heet  suffered  at  the  hands  of  the  Newfound- 
liiMtl  lishing  po])ulation  at  Fortune  Bay,  in  January  of  this  jear,  as  the 
jaiiswor  which  Her  Majesty's  Government  luiikes  to  the  i-epreseutations 
laid  before  it  on  our  part,  verified  by  the  sworn  statements  of  numerous 
[and  respectable  witnesses. 
Ilislordshii)  has  not  placed  in  our  possession  the  proofs  or  depositions 
liich  form  the  basis  of  Captain  Sulivan's  coiicluj-ions  of  fact,  and  I  am 
luiiablo,  therefore,  to  say  whether,  upon  their  consideration,  the  view 
pvliieh  this  government  takes  of  these  transactions,  upon  the  sworn 
statenuMits  of  our  own  respectable  citizens,  would  be  at  all  modified,    in 
tilt!  iib.sence  of  these  nuiaus  of  correcting  any  mistakes  or  false  im])res- 
iions  which  our  informants  may  have  fallen  into  in  tlieir  narrative  of  the 
jfads,  it  is  impossible  to  accept  Captain  Sidivan's  judgment  upon  undis- 
jjoscil  evidence  as  possessing  judicial  weight. 
You  will,  tLarefore,  lay  before  Her  Majesty's  Government  the  desire 
liidi  this  government  feels  to  be  able  to  give  diu»,  weight  to  this  oppos- 
[iijj  evidence,  before  insisting  upon  the  very  grave  view  of  these  injuries 
liiicli,  at  present,  its  unquestionable  dufo'  to  the  interests  which  have 
JiilVered  them,  and  its  confidence  in  the  competency  and  sobriety  of  the 
[iroot's  in  our  possession,  compels  this  government  to  take.     Should  Her 
lajesty's  Government  place  a  copy  of  the  evidence  upon  which  Captain 
pidiviui  bases  his  report  in  your  hands,  you  will  lose  no  time  in  trans- 
mitting it  for  consideration.     I  regret  that  any  further  delay  should  thus 
Jitenene  to  prevent  an  immediate  consideration  of  tliQ  facts  in  the  niat- 
;i  by  the  two  governments  in  the  presence  of  the  same  evidence  of  those 
lets  for  their  scrutiny  and  jiulgment. 

i>!it  a  careful    ttontion  to  Lord  Salisbury's  note  ditscovers  what  nuist 

regarded  as  a.i  expression  of  his  views,  at  least,  of  the  authority  of 

provincial  legislation  and  administrative  jurisdiction  over  our  fishermen 

liiu  the  three-njile  line,  and  of  the  restrictive  limitations  upon  their 

s  on  these  tishing-gnminls  under  the  Treaty  of  W  ashington.     Upon 

1)   spect  of  the  evidence,  on  one  side  and  the  other,  as  qtudifying  the 

loll     acts  from  which  our  fishing-tleet  has sntTered  at  the  hands  of  the 

lowtiindland  coast  fishermen,  the  views  thus  intlMiatctl  seem  to  this 

|overnment  wholly  ina<lmissible,  and  do  not  permit  the  least  delay  on 

ujiart  ill  frankly  stating  the  grounds  of  our  exception  to  them. 

Tlid  report  of  Captsun  Sidivan  ])resents,  iis  a  jusiili*  atory  support  of 

faction  of  the  Newfoundhmd  sliorefishernu'n,  iir  breaking  uj)  the  oper- 

[ionsof  our  fishing-fleet  inside  the  three-n)ile  line,  at  the  times  covered 

♦lu'sc  transa(!ti()ns,  the  violation  of  certain  inuni('i(>iil  legislation  of 

|l'^'(■\v^oundland  (iovernment  which,  it  is  alleged,  our  fishermen  were 

the  art  of  committing  when  the  violent  interruption  of  their  iiulustr/ 

curretl.    1  do  uot  atop  to  point  out  the  serious  distinction  between  the 


&^ ■ 


fff 


164 


ALLEGED    OUTKACIE    Ul'ON    AMERICAN    FLSIIERMEN. 


iiji   ; 


pB'i 


ofticial  and. judicial  execution  of  any  8uch  laws  and  the  orderly  enforce, 
nient  of  their  iienalties  after  solemn  ti'ial  of  tbo  riglit,  and  the  rage  and 
predominant  force  of  a  volunteer  multitude  driving  oft"  our  peaceful  oc- 
cupants of  these  Ji.shinjj  jjrounds  purnuinj>'  their  industry  uiuler  a  claim 
of  ri}>ht  secured  to  tiieiii  by  treaty.  1  reserve  this  nuitter  for  a  complete 
examination  when  the  contlicting  proofs  ar»',  in  my  i)ossession. 

1  shall  assume,  for  my  i)resent  purpose,  that  the  manner  of  exertini; 
this  sui)i»osed  provincial  authority  was  oCQcial,  judicial,  and  uiiexceii- 
tiouable. 

I  will  state  these  justifications  for  the  disturbance  of  our  lishinjj-tieet 
in  Captain  Sulivan's  own  lanj^uage,  that  I  may  not  even  inadvertcutlj 
impute  to  Lord  Salisbury's  apparent  adoption  of  them  any  greater  sig- 
nificance than  their  very  language  fairly  imports. 

Captain  Sulivau  assigns  the  following  violations  of  law  by  our  fisb  I 
ermeu  as  the  grounds  of  rightful  interference  with  them  ou  the  occasion  | 
in  question:  .;   ,        ■■]•■ 

1st.  That  tlio  AiiicricaiiH  wore  using  Roinos  for  catching  herring  on  the  Gth  of  Janii- 1 
ary,  1p78,  in  direct  violation  of  'J'itic  XXVII,  chapter  102,  section  1,  of  the  consuli- 
dated  statutes  of  Newfomidhind,  vi/, :  "No  j.'tsoii  shall  haul  or  take  herring  iiyorin  I 
a  seine  or  other  such  contrivance  on  or  near  any  part  of  the  coast  of  this  colony  urof I 
its  dependencies,  or  in  any  of  the  bays,  harbors,  or  other  places  therein,  at  any  tiiiiel 
be.twe(Mi  tiie  *JOtii  day  of  October  and  the  25th  day  of  April."  '        I 

2d.  Tliat  the  American  captains  were  setting  and  putting  out  seines  and  liauliiijl 
and  taking  herring  on  Sunday,  the  (Uh  January,  in  direct  viohition  of  section  4,  ciiapl 
ter7,  of  the  net  jiassed  2Gth  April,  IHTd,  entitled  "An  act  to  amend  the  law  relalii]|!l 
to  the  coast  fisheries,"  viz:  "No  person  shall,  between  the  hours  of  twelve  o'clockoil 
Saturday  night  and  twelv«!  o'eleeK  on  Sunday  night,  haul  or  take  any  herring,  caplit,! 
or  squid,  with  net,  seines,  bunts,  or  any  such  contrivance  for  the  i)urposo  of  siieij 
hauling  or  taking."  I 

:{d.  That  tluiv  were  barring  lish  in  direct  violation  of  the  continuance  of  tliesami 
act,  Title  XXVn,  chapter  lOJ,  section  1,  of  the  consol  dated  statutes  of  Newfoniiilj 
land,  ''  or  at  any  time  nse  a  seine  or  other  contrivance  for  the  catching  or  taking  ol| 
herrings,  cxce))t  by  way  of  shooting  and  forthwith  hauling  the  same." 

4th.  That  contrary  to  the  terms  of  the  Treaty  of  Washington,  in  which  it  is  c\-| 
pressly  ])rovided  that  they  do  nok  interfere  with  the  rights  of  i>rivate  propertyorl 
with  British  (ishermen  in  the  peaceable  nse  of  any  part  of  the  said  coasts  in  tliritl 
oeenpancy  ibr  the  same  purpose  (siie  Articlt»  XVIII,  of  the  above-named  treaty),  tlujl 
were  fishing  illegally,  interfering  with  the  rights  of  British  lishernien  and  then  iie,w| 
able  use  of  tiiat  part  of  the  coast  then  occupied  by  them,  and  of  wliich  tliey  wirfl 
actually  in  possession — their  seines  and  boats,  their  huts,  gardens,  and  land  ;;rauuii| 
by  goverunieut  being  sitmited  thereon. 

The  facts  which  enter  into  the  oflenses  imputed  uiuler  the  first,,  .sccniidJ 
and  third  heads  of  Captain  Sidivan's  statement,  and  such  offenses  tliujj 
made  out,  would  seem  to  be  the  only  warrant  for  his  conclusion 
his  fourth  head,  that  the  United  States  fishernten  have  exceeded  tlieij 
treaty  right,  and  in  their  actual  prosecution  of  their  hshing  were,  wheij 
interrupted  by  the  force  complained  of,  iuterferi.ig  with  the  rij;litsi 
private  property  or  with  B'ltish  fishermen  in  the  peaceable  use  of 
I)artof  the  coast  then  being  in  their  occupancy  for  the  same  ])iiri)osii 
contrtiry  to  the  jjroviso  of  Article  XVIII  of  the  Treaty  of  Wasliiiijito^ 

It  is  no  part  of  my  i)reseiit  jturpo.se  to  point  out  that  this  allo;,a'(li 
fra<'.tion  of  tlu^  reserved  rights  of  the  local  fishermen  does  not  jusdO  I 
methods  of  correction  or  redress  used  to  drive  off  our  flsheniieii  iiol 
break  up  tiieir  prosecution  of  the  fishing.     This  may  be  reserved  all 
for  (lisctissioii  when  both  governments  hare  a  fuller  knowledge  of  i 
actual  circumstances  of  the  transaction. 

in  transmitting  to  you  a(!opy  of  Captain  Snlivan's  report,  Loitl  Siilj 
bury  says  :  "  Voii  will  perceive  that  the  report  in  question  aitpearsj 
demonstrate  conclusively  that  the  United  Stiites  fishermeu  on  (liis 
sion  had  committed  three  distinct  breaches  of  the  law." 


■44m 


N. 


ALLEGED    OUTRAGE    UPON   AMERICAN   PISITERMEN. 


1G5 


rly  enforce- 
he  rage  awl 
peaceful  oc- 
ulev  a  claim 
V II  complete 

01). 

•  of  exertin!! 
uil  iiiiexceit- 

r  tisbing-tleet ' 
iiadvertcutlj- 
y  greater  sig- ' 

sv  by  our  fisli- 
X  tlie  occasion  I 

tbe  Gtli  of  JaiHi- 
L,  of  tlio  consoli- 1 

Ftliis  colony""' I 
jrciii,  at  liny  time  I 

sines  and  liaul'ms 
of  Bcction  4,  eliap-l 
I  tliclawTelatiu?! 
"twoWo  o'clock  oil 
ay  hcrrin-!,  caplioJ 
le  i)urposo  ot  sucli| 

,u  anco  of  tlic  saml 
ntes  of  Nowfom«l-I 
Ichhijj;  or  tiiking  oil 

inc..''  I 

in  whicU  it  w  «l 
.rivate  iiroiiertvoil 
laid  coasts  m  tlwl 
i;uiuMUvciity),tlu!l 
leu  ami  then  iieacel 
r  which  they  wnl 
.  and  land  iiiauwl 

Itho  first,,  sccniilJ 
Veil  offenses  tliul 
[onclnsioii  wm 
|c  exceetleil  tlieil 
lliing  were,  wliei 

Ith  the  risli^V 
lablc  use  c.f  W 
le  s  ame  imri'^s 
of  Wasliiii?t', 
,this  aUe^anlii 
jin  not  justify" 
Ir  tishernieii  aj 
Ibe  reserved  nil 
iuo\vledt;«of' 

[port,  U)n\^^ 
Istion  i\\)\wA^^ 
Imeu  ou  llii'^"'' 

5? 


In  this  observation  of  Lord  Salisbury,  this  government  cannot  fail 
to  -see  ii  necessary  implication  that  Her  Majesty's  Government  conceives 
tiiat  ill  tlie  prosecution  of  the  right  of  fishing  accorded  to  the  United 
States  by  Article  X VIII  of  the  treaty  our  fishermen  are  subject  to  the 
liicai  regulations  which  govern  the  coast  populatiou  of  Newfoundland 
ill  their  prosecution  of  their  fishing  industry,  whatever  those  regula- 
tions may  be,  and  whether  enacted  before  or  since  the  Treaty  of  Wash- 
iiijfton. 

Tiio  three  imrticulars  in  which  our  fishermen  are  supposetl  to  be  con- 
straiue*^  by  actual  legislation  of  the  province  cover  in  principle  every 
(legrce  of  regulatiou  of  our  fishing  industry  within  the  three-mile  line 
wliicii  can  well  be  conceived.  But  they  are,  in  themselves,  so  inii)ortant 
1111(1  .'•<»  serious  a  limitation  of  the  rights  secured  by  the  treaty  as  practi- 
cnlly  to  exclude  our  fishermen  from  any  profitable  pursuit  of  the  right, 
wliicli,  I  need  not  add,  is  equivalent  to  annulling  or  cancelling  by  the 
Provincial  Government  of  the  privilege  accorded  by  the  treaty  with  the 
Driiisii  (jovernment. 

II'  our  fishing-fiect  is  subject  to  the  Sunday  laws  of  Newfoundland, 
iiiade  lor  the  coast  population ;  if  it  is  excluded  from  the  fishing  grounds 
lor  lialf  the  year,  from  October  to  April;  if  our  -'seines  and  other 
contrivances"  for  catching  fish  are  subject  to  the  regulations  of  the 
k'ljislature  of  Newfoundland,  it  is  not  easy  to  see  what  firm  or  v.aluable 
iiioasure  for  the  privilege  of  Article  XVllI,  as  conceded  to  the  United 
Stall's,  this  government  can  promise  to  its  citizens  under  the  guaranty 
of  tlie  treaty. 

It  would  not,  under  any  circumstances,  be  admissible  for  one  govern- 
ment to  subject  the  persons,  the  property,  and  the  interests  of  its  fish- 
cinien  to  the  unregulated  regulation  of  another  government  upon  tiie 
sii^'gestion  That  such  authority  will  not  be  oppressively  or  capriciously 
oxoiciscd,  nor  would  any  government  accepi:  as  an  adequate  guaranty 
iof  tlie  proper  exercise  of  such  authority  over  its  citizens  by  a  foreign 
igovorninent,  that,  presumptively, regulations  would  be  uniform  in  their 
|o|n'iiition  upon  the  subjects  of  botli  governments  in  similar  case.  If 
here  are  to  be  regulations  of  a  common  enjoyment,  they  must  be  au- 
lieiiticateil  by  a  comnson  or  joint  authority. 

iiiit  most  manifestly  the  subject  of  the  regulation  of  the  enjoyment  of 
Itlic  shore  fishery  by  the  resident  provincial  ])oi)ulation,  and  of  the  in- 
:liore  tislicry  by  our  fieet  of  fishing-cruisers,  does  not  rolerate  the  con- 
rolot'  so  divergent  and  competing  interests  by  the  domestic  legislation 
if  the  i)rovinces.  .  Protecting  and  nursing  the  domestic  interest  at  the 
xpeiise  of  the  foreign  interest,  on  the  ordinary  motives  of  human  con- 
iiet,  necessarily  shape  and  animate  the  local  legislation.  The  evidence 
ii'fore  tlie  Halifax  Oommission  makes  it  obvious  that  to  exclude  our 
isliennoii  trom  catching  bait,  and  thus  compel  them  to  go  without  bait, 
irlniy  bait  at  the  will  and  priceof  the  provin<',ial  fishermen,  is  the  inter- 
(st  of  the  local   (ishernuMi,  and  will  be  the  guide  and  motive  of  such 
loiiiestic  legislation  as  is  nowbroughtto  the  notice  of  this  Government. 
Voii  will  theretore  say  to  Lord  Salisbury  that  this  Government  can 
lut  hut  express  its  entire  <lissent  froih  the  view  of  the  subject  that  his 
iiiisliip's  note  seems  to  indicate.    This  Government  conceives  that  the 
[sliory  rights  of  the  United  States,  conceded  by  the  Treaty  of  Washing- 
III,  are  to  be  exercised  wholly  free  from  the  restraints  and  regulations 
tlie  statutes  of  Newfoundland,  now  set  u])  as  authority  over  our  fish- 
iiioii,  and  from  any  other  regulations  of  fishing  now  in  force  or  that 
i«,\  hereafter  be  enacted  by  that  government. 
It  may  be  said  that  a  just  participation  in  this  common  fishery  by  the 


5f»rir 


\r:v 


166 


ALLEGED  OTITRAGE   tTPO^f   AMERICAN  FISHEUMEN. 


two  parties  entitled  thereto  may,  in  the  common  interest  of  preserving 
the  fishery  and  preventing  conflicts  between  tht^  fisljernien,  require  rcgu 
lation  by  soinecompetent  authority.  This  may  be  conceded,  I5ut  should 
such  occasion  present  itself  to  the  common  aj)preciafion  of  the  twoGov- 
ernments,  it  need  not  be  said  tiiat  such  competent  authority  can  only  bt 
found  in  a  Joint  convention  that  shall  receive  the  ai)proval  of  Her  Maj. 
esfy's  (lovcrnnient  and  our  own.  Until  this  arran<?ement  shall  he  con- 
summated,  this  (lovernment  must  regard  the  pretension  tl  at  the  legjs- 
hit  oi,  of  Newfoundland  can  regulate  our  fishermen's  enjoynent  of  tiie 
treaty  riglit  as  striking  at  the  treaty  Itself. 

It  asserts  an  authority  on  one  side,  and  a  submission  on  *;he  other, 
which  has  not  been  proposed  to  us  by  ller  Majesty's  Government,  and 
has  not  been  accepted  by  this  Government.  I  can  not  doubt  that  Lord 
Salisbury  will  agree  that  the  insertion  of  any  such  element  in  the  Treatv 
of  Washington  would  never  have  been  accepted  by  this  Governriieiit,if 
it  could  reasonably  be  thought  possible  tlmt  itcould  liave  been  proposed 
by  ller  Majesty's  Government.  The  insertion  of  any  such  propositioii 
by  construction  now  is  equally  at  variance  with  the  views  of  this  (iov  j 
ernraent. 

The  representations  made  to  this  Government  by  the  interests  of  our  I 
(jiti/ens  affected  leave  no  room  to  doubt  that  this  assertion  of  autboiitv 
is  as  serious  and  extensive  in  practical  relations  as  it  is  in  principle. 
The  rude  application  made  to  the  twenty  vessels  in  Fortune  Bay  of  tins  I 
asserted  authority,  in  January  last,  drove  them  from  the  profitable  pros- 
ecution bf  their  projected  cruises.     By  the  same  reason,  the  entire  in- 1 
shore  fishery  is  held  by  us  upon  the  same  tenure  of  dependence  upon 
the  parliament'of  the  Dominion  or  the  legislatures  of  the  several  Proy| 
inces. 

1  cannot  but  regret  that  this  vital  (piestion  has  presented  itself  so  I 
unexpectedly  to  this  Government,  and  at  a  date  so  near  the  period  at 
whicli  this  Govex'utnent,  u[)on  a  comparison  of  vi^ws  with  Her  Majesty'sl 
Government,  is  to  pass  upon  the  conformity  of  tlie  proceedings  of  tlie 
Halifax  Commission  with  the  requirements  of  the  Treaty  of  Wasliiiijitou, 
The  present  question  is  wholly  aside  from  the  considerations  bearini' 
upo!i  that  subject,  and  which  furnishes  the  uopicof  my  recent  dispatdj 

fn  the  opinion  of  this  Government,  it  is  essential  that  we  should  <it| 
once  invite  the  attention  of  Lonl  Salisbury  to  the  question  of  provindiii 
control  over  the  fishermen  of  the  United  States  in  their  prosecution  ofl 
the  i)rivilege  secui-ed  to  them  by  the  treaty.  So  grave  a  (piestion,  in  itsf 
bearing  upon  theobligationsof  this  Government  under  the  treaty,  niakesj 
it  necessary  tliat  the  l^resident  should  ask  from  Her  Majesty's  Governf 
ment  a  frank  avowal  or  disavowal  of  the  paramount  authority  of  Pro  I 
vincial  legislation  to  regulate  the  enjoyment  by  our  people  of  theinslioi'ej 
^'shery,  which  seems  to  be  intimated,  if  not  asserted,  in  Lord  Salisl)ury'j| 
note. 

Before  the  receipt  of  a  reply  from  Her  Majesty's  Government,  it  woiildj 
be  i)remature  to  (ionsider  what  should  be  the  course  of  this  Governnientl 
should  this  lin)itation  upon  the  treaty  privileges  of  the  United  Stateslifj 
insisted  upon  by  the  British  Government  as  their  construction  of  tliej 
treaty. 

You  will  communicate  this  dispatch  to  Lord  Salisbury  by  readingtlii 
same  to  him  and  leaving  with  hbn  a  copy. 
I  am,  sir,  etc., 

WM.  M.  EVARTS. 


ALLEGED    OUTRAGE    UPON    AMERICAN    FISHERMEN. 

Document  No.  S.  . 

'  Mr.  Erarts  to  Mr.  Wehli. 


167 


^w  *he  otber, 


yo.  174.]  Department  OP  State, 

W(inhin(fton,  \oreinber  H,  1878) 

Sir  :  Your  cable  dispatch  of  this  date,  siviii^'  a  summary  of  the  i)roin- 
iiiciit  points  of  the  reply  of  Lord  Salisbury  to  my  communication  of  the 
liStli  of  [September,  has  been  dnly  received.  It  is  deemed  proper  to  re- 
serve comments  thereon  until  the  full  text  s'"ill  be  received  by  mail. 


I  am,  &c., 


WM.  M.  EVAKTS. 


Document  No.  9. 

Mr.  Welsh  to  Mr.  Evarts. 

No.  159.  Legation  op  the  United  States, 

London.  November  »,  1878.     (Received  November  20.) 

Sir  :  I  received  from  Lord  Salisbury,  late  in  the  evening  of  the  7th 
instant,  his  reply  to  your  dispatch.  No.  150,  of  the  28th  of  September 
hist,  in  relation  to  tlie  disturbance  of  American  lishermen  by  certain 
iiiliabitaiits  of  Newfoundland.  I  sent  you  by  cable  yesterday,  in  cipher, 
sucli  ii  snnnnary  of  this  reply  as  our  limited  time  enabled  us  to  prejjare, 
:iiiil  I  now  inclose  two  coi)ies  of  the  letter  in  print,  with  which  we  have 
bieii  fiiniished  thronsh  the  courtesy  of  the  foreign  oliice. 
1  iiave,  «&(%, 

JOHN  WELSH. 


|lnoloHnre  in  No.  15!).  | 

The  Marquis  of  Salisbury  to  Mr.  Welsh. 

Foreign  Office,  Xovcmher  7,  1878. 

Snt;  Her  Majesty's  Government,  liave  had  nnder  tl>.fiir  consideration  tbe  dispatch 

from  Mr.  Evarts,  dated  the  SJrtth  September,  and  conimnnicated  to  nie  on  the  I'ith 

iiUiuio,  n'sj)ecting  the  complaints  made  by  the  Government  of  tlie  United  States  of 

the  iiijmit'M  sustained  by  American  iishermen  in  Fortnne  IJay  in  Jannary  hist. 

This  dispatcli  is  in  reply  to  my  letter  of  the  iilJd  Angiist,  in  vvhicli  I  forwarded  a 

[  co]iy  of  the  report  furnished  by  Captain  Snlivan,  of  Her  M.-ijesty's  Sliip  Sirins,  on  the 

[  nc'cnvrenccs  in  question.  Mr.  Evarts  now  remarks  that  the  United  States  Government 
have  not  been  put  in  possession  of  the  depositions  which  form  the  basis  of  that  report, 
:inilaro  unable,  therefore,  to  say  whether,  npon  their  consideration,  tlie  view  which 
tlie  Government  of  the  United  States  takes  of  the.se  transactions  upon  the  sworn  state- 

[  nitnts  of  their  own  citizens  wonld  bo  at  all  modiiied. 

Iler  Majesty's  Government  have  not  had  the  opportunity  of  eonsid^^ring  the  state- 
iiieiitsin  (piestion  ;  but  the  depositions  which  accompanied  Captain  Sulivan's  roiwrt, 

I  and  which  I  now  have  the  honor  to  forward,  appeared  to  them,  in  the  ab.sence  of  other 
testimony,  to  be  conclusive  as  regards  the  facts  of  the  case. 

j  Apart,  however,  from  the  facts,  in  respect  to  which  there  appears  tr  he  a  material 
iliverginc)!  between  the  evidence  collected  by  the  United  States  Government  and  that 
collected  by  the  colonial  authorities,  Mr.  Evarts  takes  exception  to  my  letter  of  the 

1 211(1,  on  the  ground  of  my  statement  that  the  United  States  (ishermen  concerned  have 
'"■I'll  s'nlty  of  breaches  of  the  law.     From  this  he  infers  an  opinion  on  my  part  that 

|iti!i{onipetent  for  a  l?riti.sh  authority  to  pass  laws,  in  supersession  of  the  treaty, 

MmiiliiijI  Anieriean  lishermen  within  the  three-mile  limit.  In  pointing  out  that  the 
Amerinin  tishernnni  had  broken  the  law  within  the  territorial  limits  of  Her  Majesty's 

[thmiinions,  1  had  no  intention  of  inferentially  laying  d«)wn  any  principles  of  interna- 


I  f 


168 


ALLKGED    OUTRAGE    UPON    AMERICAN    FISHERMEN. 


tional  law  ;  ntui  '.>o  ndvantagt'  would,   I  tliink,  bo  gained  by  doing  ho  to  a  grratei 
oxtcMittlian  lliu  fuctM  <u  (|ncKtion  abHohitely  reipiire. 

I  hardly  l»elievo,  Lowover,  that  Mr.  Evarts  would  iudiHcnssiou  adhero  to  the  broad 
doctriuo  w'lich  Home  portion  of  his  language  would  appear  to  convey,  that  no  Hritish 
authority  liaH  a  right  to  i)aHH  any  kind  of  laws  binding  AmericaiiH  who  are  fiHtijnKiii 
liritiHh  waters;  for  if  that  contiuition  be  just,  the  same  dJHability  applies  d/orlioriu, 
any  other  power,  and  the  waters  ujuHt  be  delivered  over  to  anarchy.  On  th(!  (iilur 
hand.  Her  Mii.jesty's  Government  will  readily  admit — what  is^  indeed,  self-evidtiiit- 
that  Jbitish  sovereignty,  as  regards  those  waters,  is  limited  in  its  scope  by  the  engage 
nients  of  the  treaty  of  Washington,  which  cannot  bo  modified  or  ad'ected  by  any 
muniei|)al  legislation.  I  cannot  anticij)ato  that  with  regard  to  these  principles  any 
diflereiico  will  be  found  to  exist  between  the  views  of  the  two  governments. 

If,  however,  it  be  admitted  that  the  Newfoundland  legislature  have  the  riglit  of 
bintling  Anu;ricans  who  tish  within  their  waters  by  any  laws  which  do  not  contravene 
existing  treatiert,  it  must  further  be  conceded  that  the  duty  of  determining  the  txirt- 
enceof  any  such  contravention  must  bo  undertaiceu  by  the  governments,  and  cainiot  W 
remitted  to  the  discretion  of  each  individual  fisherman.  For  such  a  discretion,  if  exor- 
cized ou  one  side,  can  hardl;,  be  refused  on  the  other.  If  any  Anu'rican  iisherniaii  may 
violently  break  a  law  which  lie  believes  to  be  contrary  to  a  treaty,  a  Newfoundland 
fisherman  may  violently  nmi-itain  it  if  ho  believesit  to  bo  in  accordance  with  treaty. 
As  tlie  ]>ointsin  issue  are  fre(|nently  subtle,  and  recpiire  considerable  legal  knowiod;;?, 
nothing  but  confusion  and  disorder  could  result  from  such  a  mode  of  deciding  the 
interpretation  of  the  treaty. 

Her  Majesty's  Government  prefer  the  view  that  the  laweuacted  by  the  legislatnn' 
of  tiieeonntry,  whatever  it  maybe,  ought  to  be  obeyed  by  natives  and  foreigners  alilip 
who  are  sojourning  within  the  territorial  limits  of  its  jurisdiction  ;  but  that  if  a  law 
has  been  inadvertently  passed  which  is  in  any  degree  or  respect  at  variance  witliriglUi 
(•onferred  on  a  foreign  power  by  treaty,  the  correction  of  a  mistake  so  committed, at 
ihe  earliest  period  after  its  existence  shall  have  been  ascertained  and  recognized,  isa 
matter  of  international  obligation. 

It  is  not  explicitly  stated  in  Mr.  Evarts's  dispatch  that  he  considers  any  recent  acts 
of  the  colonial  legislature  to  be  inconsistent  with  the  rights  acquired  by  the  riiitwl 
States  under  the  treaty  of  Washington.     I5ut  if  that  is  the  case,  Her  Majesty's  Govern- 
ment will  in  a  friendly  spirit  consider  any  representations  he  may  think  it  rigiit  to  | 
make  njiou  the  subject,  with  the  hope  of  coining  to  a  satisfactory  understanding. 
I  have,  &.C., 

SALISBURY, 


1 

1 

1 

Hi 

m 

M 

[Appendix  1  to  iDclosure  No.  150.] 
Captain  Sulivan  to  Vice-Admiral  Sir  E,  Iiiglefield. 

"SiRiu.s,  St.  John's,  Newfoundland,  June  19,  1878, 

Sir:  I  have  the  honor  to  inform  you  that,  in  obedience  to  your  orders,  I  left  Ilalifai  | 
on  Saturday,  the  8th  instant,  and  proceeded  to  Fortune  Bay,  for  the  purpose  of  inquir- 
ing into  the  circunistauces  connected  with  the  quarrel  between  the  English  andAuier-j 
lean  fishermen  in  Long  Harbor  in  January  last,  arriving  olf  Brunet  Island  on  the 
evening  of  Monday,  the  10th.     I  anchored  there  for  the  night,  the  weather  being  thick, 
with  fogs  gathering  ;  and  on  the  evening  of  the  Uth  weighed  and  proceeded  to  Long  I 
Harbor,  at  the  entrance  of  which  the  same  afternoon  I  learnt  that  the  Pert  was  at  the 
li(!ad  of  the  harbor  (about  9  miles  off).     I  therefore  proceeded  through  the  narrows  I 
and  anchored  in  6  fathoms  about  7  miles  from  the  entrance,  and  observed  the  Pert  I 
anchored  about :{  miles  farther  in,  when  I  recalled  her,  and  o.n  the  following  day  an- [ 
ehored  in  company  with  her  4  miles  farther  down  off  Tickle  Beach,  where  we  found | 
the  distiirbano!  of  January  last  had  taken  place. 

2.  On  this  beach  are  two  huts,  occupied  by  fishermen  who  witaessed  the  afi'air, : 
having  taken  their  evidence,  which,  with  other  evidence  subsequently  taken,  will bej 
forwarded  with  my  report  hereafter,  we  proceeded  to  Metter's  (Jove,  whore  a  fisbcr-f 
man  nam(!d  Tliarnell  and  another  were  examined  on  the  same  subject. 

'.{.  From  inibrmation  given  by  them  I  proceeded  to  St.  Jacques  the  same  afternoon,  I 
where,  from  Mr.  Snellgrove,  subcoUector  of  customs,  who  was  present  at  Tickle  Bead  j 
shortly  after  the  disturbance,  and  others  who  had  witnessed  the  whole  transaction, I 
obtained  further  important  evidence,  which,  with  my  report,  will  be  forwarded  attbej 
earliest  opportunity  when  complete.  I 

4.  There  have  been  at  these  places  several  complaints  made  to  me  on  various  su^l 
jects  by  some  of  the  witnesses,  disputes  relative  to  land  property,  and  reports  of  bar  I 
ling  herring,  one  being  that  a  seine  had  been  laid  for  this  illegal  purpose,  audhailj 
beeu  so  for  some  days;  in  consequence  of  which  I  directed  Captain  Aitchisou  topwl 
ceed  to  the  spot  said  to  bo  barred,  and  ascertain  the  truth  of  the  information. 


VIEN. 


ALLEGED    OUTRAGE    UPON    AMERICAN    FLSIIERMEN. 


169 


MO  to  a  RroiUei 

lero  to  tilt!  broad 
,',  that  no  British 
'lio  are  riHhiiij;Jii 
plies  dfortiiiriU) 
'.  Oil  tlic.  otiict 
1(1,  self-evidmit- 
le  by  till'  iMigiiUf. 

alVcctcd  liy  any 
so  priiifi))li'H  any 
rniiieiits. 
avo  the  rij;lit  of 
io  not  contiavi'ue 
•iniuiiig  the  exist- 
its,  aiiu  cannot  W 
liscretion,  ifexer- 
an  fialicrniaii  may 

a  Newfoundlaiid 
lance  with  tvcaty. 
lp{;al  knowloil^'e, 
9  of  decidiiit;  the 

by  tho  lectislatiiK 
id  foreigners  alike 
lint  that  if  a  law 
Tiancewithriglils 
eso  coiiiniittt'd.at 
lid  recoKni^cd.iBa 

3rs  any  rocpnt  acts 
red  by  the  Uiiitcd  I 
Majesty's  Govern- 
y  think  it  rifjlit  to  ] 
nnderstandiiig. 

SALISBURY, 


June  19,  1878, 
ders,  I  left  llalifai  | 
[lurposeof  iuqnir- 
^nglisU  and  Auier- 
luet  Island  on  the 
iather  being  thicli, 
,)roceeded  to  Long 
he  Pert  was  at  the  I 
ongh  tho  narrow  I 
observed  tho  Pert 
following  day  an- 
where  we  found 

jsed  the  afl'iiir,  anil 
tly  taken,  will  he 
),  where  a  lisbcr-| 

ect.  , 

liesamoaftemooD,! 
ntatTickleBcacI 
hole  transaction,  ij 

0  forwarded  at  tht  I 

36  on  various  s 
md  reports  of  bat- 1 

pnrpose,  audWI 

1  Aitchisoatop»| 
iforniation. 


f).  The  Pert  rejoined  at  St.  Jacqnes,  and  reported  having  found  tho  seine  asde.scribed, 
and  taken  jioNsession  of  it.  In  other  cases  of  complaint,  I  was  only  ublo  to  take  the 
evidence  of  tiiose  witnesses  firc'sent  at  the  time,  bnt  in  tho  abNenee  of  others  away 
tisiiing,  I  had  to  postpone  the  cases  niitil  my  rotnrii  from  St.  John's. 

(),  On  Monday,  the  17tii,  I  directed  the  Pert  to  jiroceed  to  SI.  .lolin's  to  ecal,  prii>r 
to  lief  ii'iiving  f;r  the  east  coast,  and  tho  same  afternoon  I  left  St.  .'aiMines  in  this  ship 
linSf.  .loliii's,  where  I  arriveil  yesterday  at  7  p.  in.,  the  mail  from  lOnglniul  lor  Halifax 
nrriviiig  ;i  few  limirH  afterward,  and  leaving  early  this  iiKirning. 

7,  I  mil  nnnlile  to  forward  more  than  this  letttvr,  as  the  report  on  the  siihject  of  the 
AiiiiTiiaii  oiiinige  is  not  complete;  but  the  evidence  is  most  complete,  the  witnesses 
('oridlHirnling  eatdi  other,  and  goes  completely  to  prove  the  Americiiis  were  entirely 
in  III"'  wrong,  and  brought  the  (jnarrel  on  tlieinselve,s,  lirst  by  illegally  tishing,  and 
tiicii  liy  tlireatening  them  with  a  revolver. 

e,  I  ioiind  on  arrival  the  Contest  at  anchor,  aud  the  Pert  arrived  this  murDlng,  to 
await  Ciulher  orders. 
I  have,  etc., 

GEO.  L.  SULIVAN. 


'  [Appnndix  2  to  nielosiiro  in  No.  159.] 

Captain  Suliran  to  licar-Atlmiral  Sir  E.  Tnghfnld. 

SiRius,  St.  John's,  Jit/ieai,  1878. 
Sin:  In  obedience  to  yonr  orders  dated  the  8tli  instant,  in  which  I  am  directed  to 
ini|uir'  into  the  differences  which  arose  between  Hritish  and  United  Stat(58  lishermen 
ill  |'"(irtiine  Hay  in  Jannary  last,  I  have  the  honor  herewith  to  inclose  the  evidence  ob- 
liiiiied  from  several  witnesses,  together  with  my  report  on  the  snbjecl, ;  and,  in  further 
iiMiiarkiiig  thereon,  desire  to  call  yonr  attention  to  those  points  in  the  evidence  which 
liiive  led  me  to  the  conclusions  contained  in  that  report. 

It  will  be  seen  therein  that  there  are  four  statutes  which  bear  on  the  subject,  and 
wliicli  liav(!  Iieen  infringed  by  the  American  lishermen,  viz  :  Act.  cap.  (i,  lH7(i,  inamend- 
iiiei  t  of  con.solidated  statutes  (1872)  :  cap.  102,  the  proviso  of  the  same  as  regards 
barring. 
]!y  the  same  act,  187(),  sec.  4,  and  art.  18  of  the  treaty  of  Washington — 
1.  With  respect  to  the  first  of  these,  the  witness  Silas  Fudge  says :  "  I  witnessed  tho 
ilidtuibance  at  Long  Harbor  on  Sunday,  the  (ith  Jannary  last;  I  am  certain  it  was  tho 
(itb;  I  saw  tho  seines  in  the  water,  two  of  them  Americans,  again.  Ho  (i.  c,  Jacobs, 
an  Auiei  iran)  had  his  in  tho  boat ;  ho  had  shot  once  and  discharged  his  seine  into  Far- 
rel's,  wilt)  was  working  for  him." 

,Iolin  Clnett  stated  that  he  was  in  Long  Harbor  on  Sunday  in  January  last.  "  They 
(the  Americans)  commenced  hauling  herring  on  Sunday  about  midday ;  the  lirst  Ainer- 
icau  seine  shot  was  that  of  Jacobs;  there  were  two  more  American  seines  shot.  He 
(Jacobs)  had  just  hauled  herring  and  shot  them  into  Farrel's  seine,  who  was  working 
for  him;  we  remonstrated  about  breaking  the  law  and  tishing  Sundays." 

All  the  evidence  of  the  other  witnesses  is  corroborative  of  tho  above;  and  the  fact 
iseveii  acknowledged  by  the  Americans  in  their  own  evidence,  as  appears  by  the  state- 
I  iiients  inclosed  in  the  correspondence  on  this  subject.  It  is  therefore  evident  that  they 
were  illegally  fishing,  using  seines,  and  hauling  herring  in  Jiinuary  last  contrary  to 
the  above-cinoted  staiu.s,  which  prohibits  tho  same  between  the  2()th  October  and 
ii'ith  April  ill  any  year. 

I    '■!.  Tliat  the  American  captains  were  setting  and  putting  out  seines  and  hauling  and 
taking  herring  on  Sunday,  tho  Ijth  January,  in  direct  violation  of  sec.  4,  cap.  (i.    This 
I  is  proved  by  the  evidence  of  all  the  witnesses. 

Jolm  Saunders  says:  "In  Jannary  last — one  Sunday,  I  don't  know  tho  date — the 
j  Amerii'iins  laid  out  their  seines,  assisted  by  the  F.nglish  employed  by  them  ;  the  New- 
foundlanders told  them  to  take  them  up,  as  ii  was  not  legal  their  fishing  on  Sundays; 
I  there  was  no  other  reason  for  destroying  nets  but  for  fishing  on  Snnd.ays.  They  went 
jtoMcCauley,  who  had  laid  his  seine  out  for  barring  herring;  the  Newfoundlanders 
[said  it  should  not  be  done  on  a  Sabbath  day." 

3.  That  tho  Americans  were  barring  herring,  that  is,  confining  them  in  tho  seines 
[for  a  considerable  time,  instead  of  forthwith  hauling  thein.  liy  the  evidence  of  Silas 
|l'ii(lj;o  "Ho  (Captain  Jacobs)  had  shot  oneo  and  discharged  his  seine  into  Tom  Far- 
'  Is,  who  was  working  for  him." 

lolin  Saunders  says :  ".lacobsupset  his  seine  into  Farrel's  seine,  who  was  employed 
I  by  hini.    Farrel  was  barring  for  the  Americans,  and  was  not  allowed  1     Jacobs  to  haul 
bis  seine." 

Mark  IJolt. says:  "The  Americans  do  not  bar  flsb;  this  was  the  first  time  I  ever  knew 
Itiieai  to  do  so." 


170 


ALLEGED   OUTRAGE    UPON    AMERICAN    FISHERMEN. 


U    :     ;i 


Kiolmrd  Hendricken  oayH:  "  Saiiiuel  JiinobH  wonUl  persiHt  in  liiuiliug,  nnd  liaiilMJ 
oiicti  and  biirriMl  them  in  Furrel'H  net.  Furrol  wiih  working  ibr  thuni,  mid  liail  l)i'eo 
littrrin^  IxTrin;;  tiir  Hovonil  dit.vH,  pcrhiiimubtxit  a  fortniKkt,  liy  the  AniuricunH' ordun. 
I  lit'iiuvo  it  is  illegal  hairing  herrin>;,  Itnt  wo  havo  no  power  to  Mtnp  it;  it  \h  no  Kood 
Ifliiiig  a  niagiHtrato;  they  take  no  notice  of  him." 

4.  That  they  were  interfering  with  thti  righttiof  TJritiHli  linliermen  in  their  pfiiccnlilf 
nHo  of  that  part  of  tlui  eoawt  oc<;ni)ie<l  by  them,  «fee.  Jly  all  the  evidence  given,  itoc- 
enrred  on  Tickle  JJcacli,  Long  llarlior,  on  which,  aH  wan  Meen  by  nH,  waw  a  Newfoinid. 
land  tishing  Hottlement,  the  land  iieing  granted  by  government,  as  Htatcd  by  Mark 
Holt,  whoBayH:  "  I  have  been  in  the  neighborhood  fourteen  or  lifteiMi  years.  Tln' 
ground  1  occupy,  loU  feet,  was  granted  me  for  life  by  governnieiit,  ami  for  which  I 
now  pay  a  fee;  tlioro  are  two  fainilieH  on  the  beach  ;  tlierw  were  three  in  the  winter; 
our  living  ih  dependent  on  onr  liHliing  off  thiH  Hettlement." 

The  above  are  the  main  pointH  in  the  evidence  on  which  my  report  io  founded. 

In  conclusion,  1  beg  to  inform  you  that  I  have  forwarded  a  copy  of  the  report  to  hii 
Excellency  the  governor  of  New fonnd land  and  the  <lu|)licate  direct  to  their  lor(lslii|is, 
in  order  to  iuHnro  their  receiving  it  at  the  uame  time  nn  the  colonial  olllce  will. 
I  havo,  Ac, 

GEO.  L.  SULIVAN, 


I 


[Appendix  :i  to  incloHiire  1  in  No.  159.] 

lieport  on  differences  thnt  arose  between  IlriliHh  and  United  Slates  fishrmen  in  January,  1878, 1 
hy  Captain  Snliran,  of  Her  Majesty's  ship  Sirius. 

Having  carefully  weighed  the  evidence  givi^n  on  oath  before  nie  by  Newfonndland  I 
(iHhermen  present  at  the  time,  together  with  that  iucloHcci  in  the  correspondeuco  for- 
warded for  my  peruHal,  I  am  of  opinion — 

1.  That  the  Americans  were  using  seines  for  catching  herring  on  Iho  fit h  .January, 
1H7H,  in  direct  violation  of  Title  XX  VII,  chap.  102,  sec.  1,  of  the  consolidated  statiitei  I 
of  Newfoundland,  viz:  "No  person  shall  haul  or  take  herringl)y  or  in  aseine,  orotJuT  | 
such  contrivance,  on  or  near  any  part  of  the  coast  of  this  colony  or  of  its  depciidi'ii. 
cioH,  or  it'       y  of  the  bays,  harbors,  or  other  places  therein,  at  any  time  butwceiitlie 
20th  day         ictober  and  the  y.")th  day  of  April." 

2.  That  tlie  American  captains  were  setting  and  putting  out  seines  and  hauliiij;  anil 
taking  herring  on  Sunday,  the  (Itli  January,  indirect  violation  of  sec.  4,  chap.  7  of  the  I 
act  pas.sed  2()th  Ajiril,  187(5,  entitled  "An  act  to  amend  the  law  relating  to  the  coast 
lislieries,"  viz :  "  No  person  shall,  between  the  hours  of  twelve  o'clock  on  Saturday 
night  and  twelvoo'clock  on  Sunday  night  haul  or  take  any  herring,  capidin,  or  s(|uiil, 
with  net,  seines,  bunts,  or  any  such  contrivance,  or  set  or  put  out  any  such  net,  seine.  | 
bunt,  or  contrivance,  for  the  pnrpo.se  of  such  hauling  or  taking." 

;{.  That  they  were  barring  lish  in  direct  violation  of  the  continuance  of  the  samel 
act.  Title  XXVII,  chap.  10;i,  sec.  1,  of  the  consolidated  statutes  of  Newfoundland,  "or 
at  any  time  use  a  seine  or  other  contrivance  for  the  catching  or  taking  of  hcrriiigs,! 
excej»t  by  way  of  shooting  anil  forthwith  hauling  the  same." 

4.  That  contrary  to  the  terms  of  the  treaty  of  Washington,  in  wliich  it  is  expressly  | 
provided  that  they  do  not  interfere  with  the  rights  of  private  jiroperty,  or  with  liritisl 
lishermen  in  the  peaceable  use  of  any  part  of  the  said  coasts  in  their  occupancy  lortliel 
same  i)nrpose  (see  Article  XVIII  of  the  above-named  treaty),  they  were  (ishiiij;  illr 
gaily,  interfering  with  the  rights  of  British  fishermen  and  their  peaceable  n.seoftliai| 
part  of  the  coast  then  occupied  by  them,  and  of  which  they  were  actually  in  possession, 
their  seines  and  boats,  their  huts,  gardens,   and  land  granted  them  by  govcriiiiu'iiil 
heing  situated  thereon  (see  Mark  Bolt's  evidence). 

T).  It  is  distinctly  shown  in  the  evidence  thattlie  causeof  theditferencecomniiMicwll 
with  the  Americans  by  their  persisting  in  shooting  their  seines  on  the  Sunday,  astlifl 
Ei'i'lishmen  who  worked  for  them  would  not  do  it  on  t'aat  day,  not  only  on  accdiniil 
of  its  being  illegal,  ^iit  of  their  religious  regard  for  the  Sabbath,  which  is  iil«:U'| 
strictly  kept  by  them ;  and  although  it  must  bo  observed  that  the  result  of  this  illcKn  r 
lishing  would  have  been  that  the  Americans  would  have  secured  the  wholeof  iholur  I 
ring  in  the  bay  on  that  day  to  the  exclusion  of  the  rights  and  fair  chances  of  ulltltfj 
others  during  the  week,  yet  there  is  no  evidence  to  prove  that  this,  or  anythinn  i 
but  the  fact  of  its  being  Sunday,  and  the  law  and  custom  among  themselves  regitnlinf  I 
it,  prompted  tho!n  to  demand  that  the  seines  should  bo  withdrawn. 
■  (5.  It  is  shown  by  the  evidence  of  all  those  witnesses  present  at  the  time  tliattlii'l 
Americans  were  remonstrated  with,  and  told  to  take  their  seines  up  prior  to  any  serioiisl 
steps  being  taken,  and  it  is  also  distinctly  proved  that  no  violence  was  resorteilwj 
until  after  the  exasperating  conduct  of  Captain  Jacobs,  the  American  master  ofij 
schooner  concerned  in  this  illegal  lishing,  who  threatened  them  with  a  revolverii 
they  prevented  him  or  interfered  with  his  seine. 


[EN. 

inj;,  niMl  hmH 
I,  iiiul  liiul  btien 
lericuii.i'  ordtn. 
t ;  it  Ih  no  Kood 

thiiir  jH'iKM'able 
nee  given,  itw- 
lit*  li  Ncwt'oniiil- 
ntutfd  by  Murk 
H'w  yeiirs.  Thi< 
1111(1  for  wliii'lil 
)  ill  tlio  winter; 

in  founded, 
tho  rejiort  to  Iid 
i  tiutir  lordsliipn, 
ilflce  will. 

L.  81ILIVAN. 


iit  ./ifinufln/,  1878, 


y  Newfoundland 
•respouclcuco  for- 

tho  (ill  I  .January, 
loiidiitetlstatutM  I 
J  iiHi'ino,  ori)tlii'r 
of  itrt  (liipcmliii- 
tiinebotweeiitbe 

and  lianlin);aiiJ| 
,  4,chiii).  7ol'tli( 
linji  to  tlio  coMt  I 
lock  on  Satiirilaj 
capi'Un,  or  s(|niil,  j 
Hucb  net,  mw. 

iinoe  of  till)  .same  I 

wfoundland,  "ot 

ing  of  lifiTiiigs, 

cli  it  iH  expressly 
',  or  with  Britisli  I 
K'cupancy  lbrtlie| 
were  lishin;;  i 
:eal>le  n.se  oftliall 
illy  iupoHscHsioii,  f 
by  jrovermiifml 

rencecoinnHMicedl 
10  Snnilay,  antli*! 
only  on  accouBtl 
which  iH  always 
nltofthiHilM 
whole  of  the  lirtf 
hances  otalltli'l 
or  anythinj;?!*! 
iselvesreganlinn 

,he  time  that  llK  I 
•lortoanyMerioiiil 
i  was  resorted  Wj 
icaii  master  ol»l 
ith  a  revolver il I 


ALLEGED   OUTRAOB   UPON   AMERICAN   FISHERMEN. 


171 


7.  It  does  not  appear  that  tho  native  fi»hermen  wereawareof  tlio  illegality  of  hanl- 
iiiL'ftHi'ine  in  tlm  month  of  .lanniiiy;  it  is  tlierefore  to  bo  jiresnined  that  th<(  Ameri- 
cans \vt'n<  also  ij^norant  of  that  law,  althou<;h  tlu-lr  ignoranco  cannot  exoneraro  them 
trmii  IIm>  lueach,  nor  dooH  it  exonerato  John  Kirkey,  an  KnKliMhmaii,  who  is  chari^ed 
witli  t he  Hanio  otibuso,  and  who  it  Ih  my  intention  to  Hninmon  before  me  to  answer  to 

that  cliaif,'". 

H.  'flie  Statement  of  the  AmerieaiiH,  that  they  wert*  eompellod  to  leave  tho  harbor 
mid  leave  oil"  fmhiiiK,  i.s  entirely  without  foundation,  wliieh  is  proved  by  (he  cvidenee 
iif  tliose  examiiKMl  before  me,  amon^  whom  was  Mr.  Snelli;rov(>,  (collector  of  cnstoms, 
who  was  (hero  a  week  after  tlieoci^irreiu'.!,  and  conimnnicattMl  with  them,  and  by  tho 
ividi'Mie  of  others  to  the  effect  that  they  remained  f(iral)ont  a  fortnitrht  or  more,  "until 
tho  ln'rrinj;s  slacked;  "and  with  r<!.<pect  to  their  loss  <d"  the  haul  of  luvr'-jnj;  |iy  the  seine 
liiint;  i'iai>tied,  tho  tish  were  no*  their  lawful  jiroperty,  having  been  illegally  caiiKht. 

Ill  Hiipport  of  this  view  of  the  conduct  of  the  AiiK^rieans,  I  am  not  only  borne  out  by 
thoi'videnco  of  the  Fortune  Hay  lisheriuen,  /ho  made  their  statements  in  a  reriiark- 
'  alily  frank  and  straightforward  manner,  but  by  the  self-convi<Uing  evidence  4)f  those 
very  Anu'ricans  themselves,  whose  de)>osilions,  jjiven  on  oath,  show  them  to  have 
litiMi  illcgfilly  (isliing,  and  who  were  liable  thereby  to  the  forfeiture  of  their  seines, 
lilts,  &.(:,  liy  chap.  lOiJ,  sec.  12,  of  tho  consolidated  utatiites. 

GEO.  L.  SLMVAN, 
Caplahi  and  Senior  Offlrn: 


I  Appendix  4  lo  iiii'losuie  1  in  N(i.  I5'J.| 

DcpoHition  of  John  SaiiiidcrH, 

For  this  deposition,  boo  No.  3,  Appendix  A, 'to  Lord  Salishnr.y'n  note  of  April  :i,  1880. 
(Dofinntnit  No.  '-iti. ) 


[Appoiidix  5  to  iucloituiii  1  ill  No.  150. 1 

Dvponition  of  Mark  Bolt. 

Kiirthis  deposition,  see  No.  4,  Appendix  A,  to  Tjord  Salisbury's  note  of  Ajiril  15, 1880. 
(Doeimifnt  No.  'Jti.) 


[  Appptidix  0  lo  inrloHiiro  1  in  No.  150.] 

Ihpoftilion  of  Jiichard  Henilrikcn. 

Tor  llii.s  deposition,  see  No.  .''i.  Appendix  A,  to  Lord  Salisbury'H  note  of  April  ;$,  1880. 
(Diii'iiiiiciit  No. '^ti. ) 


(  AppeudiiL  7  to  iiK'luKuro  1  ia  Xn.  l.'ii).  { 
Jfcpomtion  of  Ambrose  Pope. 

For  tills  deposition,  see  No.  <i,  Appendix  A,  to  Lord  Salisbury's  note  of  Ajiril  3, 1880. 

(Diiciiiiiciit  No. 'iO.) 


[Appendix  8  to  iucloanre  1  in  No.  lofi.  1 
Deposition  of  Janiea  Tharncll. 

For  this  deposition,  see  No.  7,  Appendix  A,  to  Lord  Salisbnry'.s  note  «f  April  3, 1880, 

1  (Di)ciiiiU!nt  No.  at).) 


[  Appendix  0  to  inclosnro  1  in  No.  159. 1 
Deposition  of  (leorrir  i!<neU;;ror'e.  -.^.- 

For  this  deposition,  see  No.  8,  Appendix  A,  to  Lord  Salisburv's  note  of  April  :{,  1380. 
[(Docnnient  No. 'i(i.) 


m 


III 


m 


m 


h 


If'ii 


172  ALLEGED    OITTRAOE    UPON    AMERICAN    FfSHERMEN. 

.'       '  [Apponillx  10  to  incloiiure  1  In  No.  in9. 1 

JJepovUioii  of  Silan  Fiidgv, 

For  tlim  ilopoHition,  wo  No.  [),  Appendix  A,  to  Lonl  SttliHbiiry's  uote  of  April  It,  is^i 
(Dnriiiiient  No.  «(!.) 


I  A])pt>nilix  11  to  inclitsiiro  1  in  Kn.  1S!I.|  .,   . 

DepoHilion  of  John  Cluetl. 

For  tills  deposition,  ace  No.  10,  Appendix  A,  to  Lord  SaliHbnry'.H  note  of  April  '.\,  IHi^o, 
(liocnnient  No.  Wl.) 


DOCrMENT  No.  10. 
Mr.  Evarta  to  Mr.  M'ehh. 


No.  317.] 


Department  of  State, 
Washington,  Avgust  1,  1879. 

Sir  :  You  will  readily  nnderHtfind  that  the  pressure  of  current  busi 
uess,  especially  during  tlie  regnlnr  and  special  sessions  of  Con}j;ress,  has 
])revei)ted  .so  immediate  attention  to  the  claims  of  the  Fortune  l>ay  lisliei 
men,  as  definitely  laid  before  me  in  their  proofs  completed  during  the  ses- 
sion, as  would  enable  Jiie  to  give,  in  reply,  a  fall  consideration  to  the  dis- 
patch of  Lord  Salisbnry  of  the  date  of  November  7,  1878,  in  reply  to 
mine  to  you  of  28th  September,  1878. 

Bnt  other  and  stronger  reasons  have  also  induced  me  to  poatpoii 
until  now  any  discussion  of  the  questions  arising  out  of  the  occurrences  | 
to  which  these  dispatches  referred. 

It  so  happened  that  the  transactions  of  which  certain  citizens  of  the  | 
United  States  compiain  were  brought  fully  to  the  attention  of  the  ^o* 
ernment  about  the  same  time  at  which  it  became  my  duty  to  lay  before  I 
Her  Britannic  Majesty's  Government  the  views  of  the  United  States  | 
(iovernment  as  to  the  award  then  recently  made  by  the  Commission  on 
the  Fisheries,  which  had  just  closed  its  sittings  at  Halifax.     While  tlie  I 
character  of  the  complaint  and   the  interests  of  the  citizens  of  t!ie  [ 
United  States  rendered  it  necessary  that  the  subject  should  be  sub 
niitted  to  the  consideration  of  Her  Britannic  Majesty's  Government  at  I 
the  earliest  possible  moment,  in  order  to  the  i)revention  of  any  further  ] 
and  graver  misunderstanding  and  the  avoidance  of  any  serious  inter 
ruption  to  an  important  industry,  I  was  exceedingly  unwilling  that  tlie  j 
questions  arising  under  the  award  and  those  provoked  by  the  occur 
rences  in  Newfoundland  should  be  confused  with  each  other,  and  least  | 
of  all  would  I  have  been  willing  that  the  simultaneous  presentment  of 
the  views  of  this  Government  should  be  construed  as  indicating  any  de 
sire  on  our  part  to  connect  the  settlement  of  these  complaints  with  the  | 
satisfjiction  or  abrogation  of  the  Halifax  award. 

I  also  deemed  it  not  unadvisable  in  the  interests  of  such  a  solutiou 
as  I  am  sure  is  desired  by  the  good  sense  and  good  temper  of  both  gov  | 
ernments  that  time  should  be  allowed  for  the  extinguishment  of  the  | 
local  irritation  both  here  and  in  Newfoundland  which  these  transaotioiis 
seem  to  have  excited,  and  that  another  fishing  season  should  more  clearly 
indicate  whether  the  rights  to  which  the  citizens  of  the  United  States  j 
were  entitled  under  the  treaty  were  denied  or  diminished  by  the  pretoii 


ALLEGED    OUTRAGE    UPON    AMERICAN    FLSHEUMEN. 


173 


of  April :»,  \m 


aof  Aprila,lH80, 


til 


sioiis  and  lu'ts  of  tiio  colonial  aiithoritieH  or  whether  their  infraetion  was 
accidcntiil  and  temporary.  Ah  Hoon  as  the  violeneo  to  which  eitizenaof 
tli(.  Ciiiictl  Stales  iiad  been  snbjeeted  in  Newtonndlaiid  wasbron^jht  to 
tlic  attention  of  this  department,  I  instrncted  yon,  on  lid  March,  1878, 
to  rt'iMvsent  the  matter  to  Jlcr  iJritannic  Majesty's  (Jovernment,  and 
iiiMiMsnch  representation  you  were  informed  that  a  jn'onipt  inve8ti{;a- 
tioii  woidil  be  onlered  for  the  information  of  that  j^overnment. 

On  vVufji'st  23,  KSTS,  Lord  Salisbury  conveyed  to  yon,  to  be  trans- 
Miilti'il  foyonr  (Jovernment,  the  result  of  tlmt  investigation,  in  the  shape 
(if  a  n'poit  from  Captain  Sullivan,  of  Her  Majesty's  ship  Siriu;*.  In 
liiiiiisliiu}?  yon  with  this  report.  Lord  Salisbu'y,  on  behalf  of  ller  IJri- 
tannic-  ]\IaJesty's  (Jovernment,  said  : 

Villi  \vill  )u'rc('iv»>  tliiit  tlio  report  in  iiiiestioii  appeurH  to  tlmnoiiHtriito  conclnsivoly 
at  llii)  I'liitcil  Sliitt'H  liHliuriiien  on  tliis  ocrtasion  had  coiniiiittoii  tlirco  distiiiot 
.iiiiiclKis  (if  lh(^  law,  an. I  tlidtno  violmu'.*  whh  used  l)y  tlio  Ninvl'oiindland  lislu-rinon, 
(•\(('|il  ill  tiu>  (taH(' of  <Mi(>  vcNWil,  wli«s(i  master  rcfiiHud  to  roinply  willi  llio  rccpuMit 
wliiili  wiiH  made  (o  liiin  that  ho  should  doMist  from  finhiiij;  on  Sunday  in  viohition  of 
liif  law  (if  the  colony  and  of  tlio  local  (Miiitoni,  and  who  thrc^atcntsd  the  Newfoundland 
lislicriiu'ii  with  a  revolver,  as  dotuiled  iu  paragraphs  5  and  0  of  Captain  Siilivan's 
rc'iiiirt. 

Tlio  three  breaches  of  the  law  thus  reported  by  (Captain  Sulivan  and 
iissiuned  by  Lord  Salisbury  as  conclusively  established,  were:  1.  The 
use  of  seiiu's  and  tlie  use  of  them  also  at  a  time  prohibited  by  a  colonial 
statute.  2.  Fishinjj  upon  a  day — Sunday — forbidden  by  the  same  local 
law;  and  ;{.  IJarrinj;  fish  in  violatiou  of  th>i  same  local  legislation.  In 
lulditinn  Captain  Sulivan  reported  that  the  United  States  fishermen 
were,  contrary  to  the  terms  of  the  treaty  of  Washington — 

I''isliiMji  illegally,  intcrfcriufi;  with  tho  rights  of  iJritish  fiMhcrmcn  and  tlu-ir  poace- 
alilc  list'  of  that  ]>art  of  tho  coast  thou  occupied  hy  ti'.em  and  of  which  they  were 
111  tiiiiliy  in  iiossession — theirseines  and  heats,  their  huts  and  gardens  and  land  granted 
In  jjovcrmucut  being  situated  tluireon. 

Yours,  containing  this  dispatch  and  the  accompanyiug  report,  was  re- 
ceived on  1th  September,  1878,  and  on  the  28th  of  the  same  month  you 
were  instrncted  that  it  was  impossible  for  this  government  duly  to  ap- 
preciate tlie  value  of  Captain  Sulivan's  report,  until  it  was  permitted  to 
seethe  testimony  upon  which  the  conclusions  of  that  report  professed 
to  rest.  And  you  were  further  directed  to  say  that,  putting  aside  for 
after  examination  the  variations  of  fact,  it  seemed  to  this  government 
that  the  assumption  of  tho  report  was,  that  the  United  States  fisher- 
men were  fishing  illegally,  because  their  fishing  was  being  conducted 
at  a  time  and  by  methods  forbidden  by  certain  colonial  statutes;  that 
the  language  of  Lord  Salisbury,  in  communicating  the  report  with  his 
apiiroval,  indicated  the  intention  of  Her  Britannic  Majesty's  Government 
to  maintain  tiio  position,  that  the  treaty  privileges  secured  to  United 
States  lisiiermen  by  tlie  treaty  of  1871  were  held  subject  to  such  limit- 
ations as  might  be  imposed  upon  their  exercise  by  colonial  legislation; 
and  "  that  so  grave  a  question,  in  its  bearing  upon  the  obligations  of  this 
jioveriinient  under  tho  treaty,  makes  it  necessary  that  the  President 
should  aslc  from  Her  Majesty's  Government  a  frank  avowal  or  disavowal 
of  the  paramount  authority  of  provincial  legislation  to  regulate  the 
eiijoyment  by  our  people  of  the  inshore  fishery,  which  seems  to  be  inti- 
, mated,  if  not  asserted,  in  Lord  Salisbury's  note." 

In  leply  to  this  communication,  Lord  Salisbury,  7th  November,  1878, 
triinsniitted  to  you  the  depositions  which  accorapanied  Captain  Suli- 
van's rei»ort,  and  said  : 

.    ill  iMiiiiting  out  that  the  American  fishermen  had  broken  the  law  wnliin  tlft;  terri- 
[  t oiial  limits  of  Her  Majesty's  dooiaius,  I  had  uo  lutention  of  inferentially  laying  down 


wsm 


174 


ALLEGED   OUTRAGE    UPON   AMERICAN   FISHERMEN. 


1 1: .- 


if 


! 


I' 


iii 


liny  principles  of  international  law,  and  no  advantaj^o  woiil-'.,  I  think,  be  gained  bj 
doing  so  to  a  greater  extent  tnan  the  facts  in  (|uestion  al)S(ilnt((ly  r(M|aire.  •  •  • 
Her  Majesty's  Government  will  readily  admit — wliat  is,  indeed,  Melf-<v,'ident  — that 
liritisli  sovereignty,  as  regards  those  waters,  is  limited  in  its  scopn  l>y  the  enjjai't.. 
nientB  of  tlie  Treaty  of  Washington,  which  can  not  ho  n»odili(!d  or  altected  hy  my 
municipal  legislation. 

It  is  with  tlic  greatest  plejisuie  that  the  United  States  GovenimLiit 
receives  this  language  as  "the  frank  disavowal"  wiiicli  it  asked  "of 
tiie  paramount  authority  of  provincial  legislation  to  regulate  the  enjoy- 
ment by  our  peoi)le  of  the  inshore  lishery." 

Kemoving,  as  this  explicit  language  does,  the  only  serious  dillioulty 
whicn  threatened  to  embarrass  this  discussio!!,  i  am  now  at  liberty  to 
resunu'.  the  consideration  of  these  ditterences  in  the  same  spirit  and 
with  tlie  same  hoi)es  so  fully  and  properly  expressed  in  the  concliidini; 
paragraph  of  Lord  Salisbury's  dispatch.    He  says  : 

It  is  not  explicitly  stated  in  Mr.  Evarts'  dis)>atch  that  he  considers  any  recent  act* 
of  tJKS  colonial  legislature  to  l>(^  inconsistent  with  the  riglits  actpiirod  by  the  United 
States  under  tii<»  Tn^aty  of  Washington.  But  if  thar,  is  .he  case,  Her  Majesty's  u,,,. 
ernnuMit  will,  in  a  friendly  Hpirit,  consider  any  representations  lii^  may  think  it  right 
to  make  ujion  tiie  subject,  with  the  bnpe  of  coining  toa  satisfactory  understaiKling. 

It  is  the  purpose,  therefore,  of  the  present  dispatcli  to  convey  to  you, 
iu  order  tliat  tbey  may  be  submitted  to  Her  Britannic  Majesty's  Gov 
ernmenr,  the  con<'.lusions  which  have  been  reached  by  the  Ooverii'  leiit 
of  tile  I'nited  States  as  to  tiie  rights  secured  io  its  citizens  under  llie 
treaty  of  1871  in  tiic  herring  fishery  upon  the  Newfoundland  coast,  ami 
taO  e.vtent  to  which  tliose  rights  have  ben  infringed  by  the  transac- 
tions in  Fortune  Bay  <»n  January  0,  1878. 

Before  doing  .so,  however,  1  deenj  it  proper,  in  order  to  clear  the  ar- 
gument of  all  unnece.s.sary  issues,  to  correct  wluit  1  consider  certain 
misappreliensions  of  the  views  of  this  Government  contained  in  Lord 
Saiisbuiy's  dispatch  of  7th  of  November,  1878.  The  secretary  for  for 
eign  affairs  of  Her  Britanni(5  Majesty  says  : 

If.  however,  it  be  admitted  that  the  Newfoundland  legislature  have  the  rinlitof 
bimiing  Americans  who  lisli  within  their  waters  by  any  hiws  which  do  not  ccnitnivciif  ■ 
<'xisting  treatii'N,  it  must  be  further  conceded  that  the  duty  jf  determining  the  (exist- 
ence of  such  contravention  must  be  uudcrtaken  by  the;  governments,  and  can  not  bo 
remitted  to  the  discretion  of  each  individual  iishtu'man.  l'\)r  such  discretion,  if  cxer- 
(lised  (in  one  side,  can  hardly  be  refused  on  theother.  If  any  American  (isherman  may 
violently  oreaU  a  law  wiiicli  he  believes  to  be  contrary  to  treaty,  a  Newfoundland  tisli- 
erman  may  violently  nuiintain  it  if  he  believes  it  to  be  iu  accordance  with  treaty. 

His  lordship  can  .scarcely  have  intended  this  la.st  proposition  to  be 
taken  in  its  literal  signi!icaiioe.  An  infraction  of  law  may  be  accompa- 
nied by  violence  which  affects  the  person  or  property  of  tin  individual, 
and  tliat  ijidividual  may  be  warranted  in  resisting  such  illegal  violence, 
so  far  as  it  dire<5tly  affects  him,  without  reference  to  the  relation  oltlie 
act  of  violence  to  the  law  whic*i  it  infringes,  but  simply  as  a  forcihleiii- 
vasion  of  his  rights  of  person  or  property.  But  that  the  infraction  ol'a 
general  n>uni(;ii>al  law,  with  or  without  violence,  can  be  corrected  and 
punished  by  a  mab,  without  official  character  or  direction,  tind  who  as 
sume  both  tt>  interpret  and  administer  the  law  in  controversy,  i.s  a  propo 
sition  which  does  not  require  the  reiWy  of  ehiborate  argument  betwwi 
two  governments  whose  daily  life  depends  upon  the  steady  api)licatioii 
f  thesoumland  safe  priuciplesof  English  jurisprudence.  However  this 
may  be,  the  Government  of  the  United  States  can  not  for  a  moment 
admit  that  the  conduct  of  the  United  States  fishermen  in  Fortune  Biij 
was  in  jiny — the  remotest  degree — a,  violent  breach  of  liiw. 

Griiuting  any  ana  all  the  force  which  may  be  claimed  for  the  colonial 
legislation,  the  action  of  the  United  States  tishermeu  was  the  peaceable 


f. 

;  gained  by 
ro.  *  *  • 
idoiit-lliat 
th<'  on^iajjc- 
ictcd  liy  iiiv 


)verniiiL'iit 
iiski'd  «  of 
I  the  t'lijoy- 

I  (liniculty 

,  liberty  to 

spirit  and 

wncl  tiding' 

ly  recent  iiiits 
ly  the  United 
iijesty's  in,,. 
,hiiik  it  ii|,'ht 
liistai'ilini;, 

ivey  to  you, 
esty's  Gov- 
'overii'iem 
under  the 
I  coast,  aud 
he  trausac- 

ear  the  ai- 
der eertain 
led  in  Lord 
iiry  tor  for 

J  t!io  ri},'lit  of 
t  contnivt'iii" 

iiig  the  (^xist- 
ul  <'iin  not  lit! 

ctiou,  if  I'xer- 
sliorinaii  may 
iiiuHandti.sli- 

litli  troii'y. 

iition  to  be 

\o  accoiiipii- 
I  individual, 
lal  violeiicA', 
lition  oltlu' 

forcible  ill- 
Ira  et  ion  of  a 
Irected  ami 
Ind  who  as 

is  a  propo- 
[lit  bet\v',;eii 
|np  plication 
oweverthis 

;i  nioriieut 

irtune  Biij' 

the  colonial 
peaceable 


ALLEGED   OUTliAGE    UPON    AMERICAN    FISHERMEN. 


175 


proseciition  of  an  innocent  industry,  to  which  they  thou;;lit  they  were 
ciititled.  Its  pursuit  invaded  no  man's  ri<;hts,  committed  violeiuie  upon 
no  man's  person,  and  if  trespassing'  beyond  its  lawful  limits  could  have 
bcoa  promptly  and  quietly  stopped  by  the  interference  and  reinesenta- 
tious  of  tiie  lawfully  constituted  authorities.  They  were  actiii}::  under 
tlii!i»n)visionsof  the  very  statute  which  they  are  allefjfed  to  have  violatc^d, 
for  it  seems  to  have  escaped  the  attention  of  Lord  Salisbury  that  section 
L'Sof  tlie  title  of  the  consolidated  acts  referred  to  contains  the  provision 
that  "Nothing  in  this  chai>ter  shall  affect  the  rij^hts  and  lu-ivilefics 
};iaiited  by  treaty  to  the  subjects  of  any  state  or  power  in  amity  with 
?li'r  Miijesty."  They  were  enfjajred,  as  I  shall  hereafter  demonstrate, 
ill  11  lawful  industry,  guaranteed  by  the  treaty  of  1871,  in  a  method 
winch  was  recognised  as  legitimate  by  the  awanl  of  the  ILilifax  (Jom- 
uiissioa,  the  privilege  to  exercise  which  their  government  had  agreed 
to  |i  .y  lor.  They  were  forcibly  stopi)ed,  not  by  legal  autliority,  but  by 
mob  violence.  They  made  no  resist{ln(>^^  withdrew  from  the  fishing 
grounds,  and  rei>resented  the  outrage  to  their  Government,  tlius  acting 
ill  entire  conformity  with  the  principle  as  justly  stated  by  I/ord  Salis- 
bury himself,  that — 

If  it  l)<>  udniitted,  h<  .  over,  that  tho  Ncwfoundlaml  higisli'tnre  have  the  right  of 
liiiidiiij;  AnieiicauH  whoiish  withia  tht^ir  "'  itci.^  hy  any  laws  wiiicli  do  not  contravene 
I'xiHiiiij!;  treaties,  it  numt  be  further  cone  (U'd  tliat  the  dnty  ofdetiirininingtlie  exist- 
wic(!  of  Mich  contravention  must  lio  und«  rtalcen  liy  the  governmentM,  and  can  not  be 
remitted  to  tho  judgment  of  each  ludivid.tul  tislioruian. 

Tiicie  is  another  passage  of  Lord  Salisbury's  dis{)atch  to  which  I 
should  call  your  attention.    Lord  Salisbury  says: 

1  Iiardly  liehevo,  however,  that  Mr.  Evartu  wonhl  in  discussion  adhere  to  the  bro.".d 
(loctriiie,  wliicIi  some  portion  of  Iiis  language  would  appear  to  convey,  that  no  British 
iiiilhority  has  a  right  to  pass  any  kind  of  law:,  Idnding  Americans  who  are  lishing  in 
Uriiish  waters;  for  if  that  contention  In*  jnst  the  sann!  disability  applies  a  fortiori  to 
;in.v  til  her  powers,  and  the  waters  ninst,  be  delivered  over  to  anarcliy. 

I  certiiinly  can  not  recall  any  language  of  mine  in  this  correspondence 
which  is  capable  of  so  extraordinary  a  construction.  1  have  nowhere 
taken  any  position  larger  or  broader  than  that  w!ii<;h  Lord  Salisbury 

says : 

Her  Miijosty's  (jroveniment  will  readily  admit,  what  is,  indeed,  selC-tn  ident,  that 
liiiti.sli  sovereignty,  as  regardH  these  waters,  is  lindted  in  its  scope  liy  the  t^ngage- 
inciitseL'  the  Treaty  of  Washington,  which  can  not  bo  allccted  or  inoditied  by  any 
iiMiiii('i|(al  legislature. 

I  iiiive  never  <lenicd  the  full  authority  and  jurisdiction,  either  of  the 
iiniuMial  or  colonial  governments,  over  their  territorial  waters,  except  so 
fill' as  by  iieaty  that  autliority  and  jurisdiction  have  been  deliberately 
limited  by  these  governments  themselves.  Under  no  claim  or  autliority 
sii;iKe'<t*'d  or  advocated  by  me  <'ould  any  other  government  (lemanii 
i'.Ncin|iti()n  from  the  jirovisions  of  British  or  colonial  law,  unless  that 
exempt  ion  was  secmred  by  treaty ;  and  if  these  waters  must  be  deli  v«  red 
over  to  arnachy,  it  will  not  be  in  consequence  of  any  pretensions  of  (he 
United  States  (Jovernment,  but  because  the  llritish  Government  has, 
by  its  own  treaties,  to  use  Lord  Salisbury's  phrase,  limited  the  scoitcof 
liiitisli  sovereignty.  I  am  not  aware  of  any  such  trtwity  engag«'iiu'nts 
with  other  powers,  but  if  there  are,  it  would  be  neither  my  privilege 
1101'  duty  to  consider  or  criticise  their  cousequences  where  the  interests 
I  of  the  United  States  are  not  concerned. 

Altera,  careful  (uunparison  of  all  the  dei)ositious  furnished  to  both 
iRoveriiuients,  tiie  United  States  Government  is  of  opinion  that  the  fob 
[lowing  facts  will  not  be  disputed: 

1.  That  tweuty-two  vessels  belonging  to  citizens  of  be  United  States, 


17  fJ 


AJ.LKIJED    OUTKAUE    I'l'ON    AMEitlCAN    II.SHEKMEN. 


viz,  Fred.  P.  Frye,  Mary  aiul  M.,  Lizzie  and  Naniari,  Edward  V).  Webster 
\V.  F.  McDonald,  (rest  of  the  Wave,  F.  A.  Sniitb,  Hereward,  Moses 
A<laMi /,  Charles  K.  Warren,  Moro  (Jastle,  Wildflro,  Maud  and  Etfie, 
Isaae  llich,  Hunker  Hill,  lionanza,  FI.  M.  Rogers,  Moses  Knowlton,  John 
W.  IJray,  iMaiid  15.  Wetherell,  New  l<]ngland,  and  Ontario,  went  from 
Oloiieester,  a  town  in  Massachusetts,  United  iStates,  to  Fortune  Bay,  ia 
Newfoundland,  in  the  winter  of  1877-1878,  for  the  purpose  of  i)rocuiiug 
herring. 

Lf.  That  these  vessels  waited  at  Fortune  ]5ay  for  several  weeks  (iroin 
about  December  15,  1877,  to  January  G,  1878)  for  the  expected  arrival 
of  schools  of  herring  in  that  harbor. 

3.  Tliat  on  Sunday,  January  (5,  1878,  the  herring  entered  tiio  bay  in 
great  numbers,  and  that  four  of  the  vessels  sent  their  boats  with  seines 
tocoinnience fishing  operations,  and  the  others  were  proceeding  to  follow, 

4.  That  the  parties  thus  seining  were  compelled,  by  a  largo  and  vio- 
lent mob  of  the  inhabitants  of  Newfoundland,  to  take  up  their  seines, 
discharge  the  lish  already  inclosed,  aud  abandon  their  fishery,  and  that 
ill  one  ciise,  at  least,  the  seine  wjis  absolutely  destroyed. 

").  That  these  seines  were  being  used  in  the  interest  of  all  the  United 
States  vessels  waiting  for  cargoes  in  the  harbor,  and  that  the  catch  un- 
disturbed would  have  been  sufficient  to  load  all  of  them  with  profitable 
cargoes.  Tlie  great  quantity  of  fish  in  the  harbor,  an  1  the  tact  that  the 
United  States  vessels  if  permitteil  to  fish  would  all  have  obtained  full 
cargoes,  isadmitt  '.1  In  the  Uritish  deposition?. 

If  til-.  Ainoriciins  hiiil  been  alh)wetl  to  secure  all  the  herrings  iu  the  bay  for  them- 
selves,  which  they  ooiiM  hax-o  (hiiio  thit  day,  they  would  have  iilled  all  their  vessels, 
and  tlio  iKMffliboriiijj  li.shcrnit.-u  won. a  have  loat  all  chance  on  the  following  weekday. 
(DeiK'NJtion  oi  .lames  .Si'-arwell,) 

rh(»  Auioricaiis  by  hauling  herring  that  day,  when  the  Englishmen  could  not,  were  | 
roltliiiigtheinof  then-  l^wfuliind  Just  chance  of  securing  tlicii  slniro  In  them;  and,  fur- 
ther, iiad  they  scciiix     -all  they  had  barred,  they  would,  I  believe,  have  fillr.il  every 
vcssrl  (if  their.-}  in  the  nay,     (Deposition  of  John  Chutt.) 

Se-j  al'so  n.ffldavits  of  the  United  States  captains. 

0.  That  in  consequence  of  this  \  iolence  all  the  vessels  abandoned  the  I 
fishing  gr(Minds,  some  v  itUoul  cargoes,  some  with  very  snniU  cargoes, 
purchased  iVoni  the  natives,  and  their  voyages  were  a  loss  to  their! 
owners. 

7.  Tiiat  the  seining  was  conducted  at  a  distance  from  any  land  or  I 
fishing piivilegoor  theoccnpation of  anyBritish  subject.  (See  affidavits [ 
of  Willanl  (V.  liodi?,  Charles  Doyle,  and  Michael  li.  Murray.) 

8.  That  none  of  the  United  States  s^essels  made  any  further  atteiniits] 
to  fish,  but  three  or  four  which  were  d(;layed  iu  the  neighborhood  i)iir- 
chased  small  supjdiv's  of  herring.     (See  British  depositions  of  Jolial 
Saunders  and  Silas  Fudge,  wherein  is  stated  that  the  United  States 
vssels  only  remained '  few  days,  .and  that  after  January  0  no  fish  came  | 
into  the  harbor.) 

All  the  Unit'  '  States  affidavits  show  that  the  United  Slates  vessels | 
were  afraui  to  use  their  seines  after  this,  and  that  they  left  almost  iiniue 
diately,  most  of  them  coming  iiome  in  ballast. 

The  provisions  of  the  treaty  of  Washington  (1871 ),  by  whiidi  the  right  | 
to  i)rosecute  this  fishery  was  secured  to  the  citizens  of  the  United  States, 
are  very  simple  and  very  explicit. 

The  language  of  the  treaty  is  as  follows : 

XVIII.  It  is  agreed  by  the  high  contracting  parties  that  in  addition  to  the  libcrtiM 
secured  to  the  United  States  lishermen  by  the  convention  between  the  United  Statfflj 
and  Great  Britain,  signed  at  London  on  the  20th  day  of  Octotior,  1818.  of  taking, inr- 
iug,  and  drying  fish  ou  certain  coasts  oi  the  British  North  American  colonies,  thfroin  I 


ALLieOi:i>    OlITKAfil-:    upon   AMHRICAN    FI8HEUMEN. 


177 


(h'fim'd,  i\w  iiiliabiliinls  nl"  llio  ITiiil.'il  SlsitcHsliall  Uiwv,  in  cinimioii  ^vitll  llu>  subjects 
III' IIiM' Hiitaniuc-  Mnjfst-y,  tlio  lilii'ity  lor  iho  ti'iiii  of  .vcaiH  nit'iitioiu'd  iii  Artiiilo 
XXXIII  <'!' til'**  treaty  t(»  takiHisli  (if  rvi-ry  kiiul,  oxcopt  slicll-liisli,  on  i\w  si'ii  coast) 
ami  sliorcM  aiul  in  i\ui  l/ays,  iiarbors,  and  crcok.t  of  tli(3  provinces  of  l^nelxM!,  &c. 

XXXII.  It  is  further  agreed  Miat.  t lie  prin'isions  jitul  stipulations  of  Arti(!li)s  XVIII 
idXXV  of  this  treaty,  includive,  shall  extend  to  the  colony  of  Newfoundland,  so  f'lr 
as  Ilii-y  aro  applicable. 

Title  XXVir,  chapter  lOL*,  of  tl  i3  cousolidated  acts  cf  Ncwfouiidlaud, 

lirovides : 

Section  1.  TJiat  no  person  shall  taUo  horring  on  tho  coast  of  Newfoundland  by  a 
s,  iiK!  (irotliersueli  contrivance,  at  any  time  botwocn  tho  20tli  day  of  Oetolxir  and  the 
IJili  diiy  of  April,  in  any  year,  or  at  any  time  use  a  seino  (^Kcept  by  way  of  shooting 
and  forlliwith  hauling  the  same. 

Sr.c.  !^.  'J'.'uit  n(»  jK-rson  shall,  at  any  time,  between  tho  ^(Mh  day  of  Deceiiibcr  and 
till)  1st  day  of  April,  in  any  year,  catch  or  take  herring  with  soins  of  less  than  !i| 
iiiclii'S  ine.sh,  &e. 

.Sicc.  4.  No  person  shall,  bet  ween  the  aoth  day  of  Ajiril  and  tin* 'Jfltli  day  of  October, 
ill  any  year,  haul,  catch,  orMake  herring  or  other  bait  for  exportation  within  one 
mill',  measured  by  tho  shore  across  the,  water,  of  any  settlement  bituated  between 
:  (.'  ;iM'  C'liiipiiau  lJoug(!  anil  I'uint  Euiajer,  near  Ca-i>ii  liay. 

The  act  of  187G  provides  that— 

No  ]M>rson  shall,  betwoen  the  hours  of  twolv(»  o'ldock  on  Saturday  night  and  twelve 
( o'clock  on  Sunday  night,  haul  or  take  any  herring,  caplin,  ors(|uid,  with  net,  seine, 
liiiiits,  or  any  such  rontrivancefor  the  purpose  of  such  hauling  or  tiiking. 

ItHU'iiicd  scarcely  lU'cessary  to  do  iiiori'.  than  pliioc  tho  provisions  of 

:  the  tiTiity  and  the  ])rovi.si()iis  of  tiii'so  hiws  in  <;onliiist,  and  ajjply  the 

ipiiiiciido  so  precisely  iind  justly  announce<l  by  Lord  Salisbury  as  self- 

[evidciit,  "that  liritish  sovereignty,  as  regards  tliose  waters,  is  limited  in 

ts  scope  by  the  engagements  of  the  Tretity  of  Washington,  which  can 

iiiot  he  modiiied  or  ail'e(',ted  by  any  niunicipiil  legishirion."    For  it  will 

I  not  be  denied  that  the  treaty  i)rivilege  of  "taking  fish  of  every  hind, 

k'xcept  shell-tlsh,  on  the  sea  coast  and  shores,  and  in  the  bays,  harbors, 

and  creeks"  of  Newfoundland,  is  both  seriously  "  nioditied  "  iind  in- 

jjiiiiously  aflected  by  iminieipal  legislation,  whicdi  closes  such  lishery 

absolutely  for  seven  months  of  the  year,  prescribes  a  special  method  of 

exorcise,  forbids  cxportittion  for  hve  months,  and,  in  eertiiin  localities, 

i  absolutely  limits  the  three-mile  area,  which  it  was  the  express  purpose 

[of  the  treaty  to  oi)en. 

But  this  is  not  all.     When  the  treaty  of  1871  was  negotiated,  the  Hrit- 

i  isl)  (h)veniment  contended  that  theprivilege  extendeil  to  United  States 

ilisbonncn  of  free  tishing  within  the  three-mile  teriitorial  limit  was  so 

iiiiuli  more  valuable  than  the  ecjiiivaleiit  offered  in  the  treaty  that  a 

nioiusy  co.iipensation  should  be  iidded  to  e(pialize  the  exchange.     The 

I  llalit'ax  Commission  wasajipointed  for  the  special  i)Uii»()S(^  of  deterniin- 

j in},' tliat  compensation,  and,  in  order  to  do  so,  instituted  an  exhiinstive 

('Xiiniiiiation  of  the  history  iind  value  of  the  colonial  lisheries,  inclnd- 

[in}f  the  herring  lishery  of  Kewibuudland. 

lU'fore  that  commission,  the  United  States  (lorernment  contended 
[that  the  frozen-herring  lishery  in  Fortune  Ihiy, Newfoundland,  the  very 
lishery  now  under  discussu)n,  was  Tiot  a  lishery,  but  a  tratllc;  that  the 
I'nited  States  vessels  which  went  there  for  herring  always  took  out 
[trading  i)ermit*  from  the  United  States  custom  house,  whi<'h  no  other 
itisiieriiion  did  ;  that  the  herring  were  caught  by  tln^  natives  in  their  nets 
pul  sold  to  the  vessels,  the  eai)tains  of  which  froze  the  herring  after 
jlinrcliase,  and  transported  them  to  market,  and  that  cons(!(piently  this 
pas  a  trade,  a  commerce  benelieial  to  the  Newfoundlanders,  and  not  to 
fcbe  debited  to  the  United  StJites  account  of  iidvtintages  gaiiu'd  by  tho 
[treaty.  To  this  the  British  Government  replied,  that  whatever  the  cUar- 
S.  Ex.  113 12 


178 


ALLEGED    OUTRAGE    UPON   AMERICAN    FISHERMEN. 


It'i 


actor  of  the  business  had  been,  tlio  treaty  now  gave  the  United  Slates] 
lishermen  the  right  to  catch  as  well  as  purchase  herring ;  that  the  sui)^. 
rior  character  of  the  United  States  vessels,  the  larger  capacity  and  more  I 
ellicient  instnuuentality  of  the  seines  used  by  the  United  States  (Isber 
men,  together  with  their  enterprise  and  energy,  would  all  induce  tlie 
United  States  lishermen  to  catch  herring  for  themselves,  and  thustlie| 
treaty  gave  certain  privileges  to  the  United  States  tishernien,  whicli  iii. 
llicted  upon  the  original  proi)rietor  a  certain  amount  of  loss  and  damage, 
from  this  dangerous  competition,  which,  in  justice  to  their  interests,! 
required  compensation.    The  exercise  of  these  privileges,  therefore,  as 
stated  in  the  British  case,  as  evidenced  in  the  Biitish  testimony,  as 
maintained  in  the  British  argument,  for  which  the  British  Government 
demanded  and  received  compensation,  is  the  British constructioiiol'tlii;! 
extent  of  the  liberty  to  flsli  in  common,  guaranteed  by  the  treaty. 

Mr.  Whiteway,  then  attoraey-general  of  Newfoundland,  and  one  of  tlie  j 
British  counsel  before  the  commission,  said  in  his  argument: 

And  now  oiio  word  with  rej^ard  to  tbo  wiuter  herring-lishcry  in  Fortiiuo  Bay.  Ill 
appears  that  from  40  to  50  United  States  vessels  ])rocoed  there  jietween  tho  nioutlwoll 
Novenilter  and  Fobrnary,  taking  from  tiieuco  cargoes  of  frozen  herring  of  from  fiUOtol 
800  or  1,000  barrels.  According  to  the  evidence,  these  herrings  have  liithertogcnHJ 
jilly  been  obtained  by  pnrchaso.  It  is  hardly  possible,  then,  to  conceive  that  I 
Americans  will  continue  to  buy,  possessing  as  they  now  do  the  right  to  catch. 

The  British  case  states  the  argument  as  to  the  Newfoundland  fi.sberiesl 
in  the  following  language: 

It  is  iisscrted  on  the  part  of  Her  Majesty's  Government,  that  the  actual  use  wbichl 
nniy  bo  made  of  this  privilege  at  the  present  moment  is  not  so  much  in  question  ail 
the  actual  value  of  it  to  those  who  may,  if  they  will,  use  it.  It  is  possible,  and  eveJ 
probable,  that  the  United  States  lishermen  nuiy  at  any  moment  avail  themsolvesof  tkl 
privilege  of  iishing  in  Newfoundland  inshore  waters  to  a  much  larger  exteut  tlml 
they  do  at  jjresont ;  but  even  if  they  should  not  do  so,  it  would  not  relievo  them  froiil 
the  obligation  of  making  the  just  payment  for  a  right  which  they  have  Jicquiredsuk-I 
Ject  to  the  condition  of  nuiking  that  payuient.  The  case  may  bo  not  inaptly  illustraldl 
by  the  so'ucwhat  analogous  ono  of  a  tenancy  of  shooting  or  fishing  privileges;  itiil 
not  becau.so  the  tenant  fails  to  exercise  the  rights  which  ho  has  acquired  by  virtueol 
his  lease  that  tho  proprietor  should  be  debarred  from  the  recovery  of  hia  rent.         I 

There  is  a  marked  contrast  to  tho  advantage  of  the  United  States  citizens  botwecil 
tho  privilege  of  access  to  fisheries  *ho  most  valuable  and  productive  in  the  world  anil 
tho  Ijarreu  right  accorded  vo  tho  inhabitants  of  Newfoundland,  of  fishing  in  thecif 
hausted  and  preoccujjied  waters  of  the  United  States,  north  of  tho  39th  parallel  ofl 
north  latitude,  in  which  tl.ero  is  no  field  for  lucrative  operations,  even  if  IJritish  siilvl 
jects  desired  to  resort  to  them  ;  and  there  are  strong  grounds  for  believing  that  yeiirbil 
year,  as  United  States  lishermen  resort  in  greater  numbers  to  the  coasts  of  Newfoiiuii  I 
land,  for  tho  purpose  of  procuring  bait  and  supplies,  they  will  become  more  iutimatelyl 
acquainted  with  the  resources  of  the  in.shore  fisheries  and  their  unlimited  lapacitjl 
for  extension  and  development.  As  a  matter  of  fact  United  States  vessels  hav(>,  sincti 
the  Washington  Treaty  came  into  operation,  been  successfully  engaged  in  tlitse  (m\ 
cries ;  and  it  is  but  reasonable  to  anticipate  that  as  the  advantages  to  be  derived  fmil 
thorn  become  more  widely  known  larger  numbers  of  United  States  fishcniion  wit 
engage  in  thcni.  I 

A  participation  by  fishermen  of  the  United  States  in  the  freedom  of  these  watml 
must,  notwithstanding  their  wonderfully  reproductive  capacity,  tell  materially  on  till 
local  catch,  and,  while  atlbrding  to  the  United  States  fisherm  n  a  profitable  omiilojl 
nient,  must  seriously  interioro  with  local  success.  The  extra  amount  of  bait  al.*! 
which  is  re(|uired  for  tho  supply  of  the  United  States  demand  for  the  bank  (isberjl 
must  have  tho  eiVect  of  diminishing  the  supply  of  cod  for  the  inshores,  as  it  i»«eill 
k'iown  that  tho  presence  of  that  fish  is  caused  by  the  attrcction  offered  byalarjtl 
quantity  of  bait  fishes,  and  as  thi'^  <]uautity  diminishes  tlw  cod  will  resort  in  fi'««j 
nujiibois  to  the  coast.  I 

'J'he  ofl'ect  of  this  dihiinntion  may  not  in  all  probability  be  apparent  for  sdiiio  yeanj 
to  coiro,  and  Avbilst  United  States  fishermen  will  have  the  liberty  of  enjoying  tlielW 
otifiH  for  He\  oral  years  in  their  ])re("jnt  teeming  and  remunerative  state,  the  effects  o 
overfishiiig  may,  after  their  right  t    y  -*;cipfite  in  thorn  has  lapsed,  become  scrioui' 
prejjidicia'  to  the  interests  of  tho  L.cui  JiSJ' ■  u*  . . 


^:-i?':^i^^"^ 


ALLEGED    OUTRAGE    UPON   AMERICAN    FISHERMEN. 


179 


e«l  Slates  I 
,  the  sui*. 
iind  more  | 
tes  lisbw- 

UIUCO  till'  I 

[  thiistlml 
I  which  ill. 
il  daina!,'(',  I 

interests, 
jrefore,  as 
;imony,  asl 
jvcrnmeiit 
itioiiot'tliel 
eaty. 

onooftlie 


uuo  Bay.  li  I 
ho  luoutlwiilf 
f  from  500  to  I 
bherto  geiiti-  f 
•ivo  tbat  the  I 
satch. 

ud  fisheries 


al  uso  whicll 
u  question sil 
ble,  andeveJ 
in8olve8()ft!it| 
•  extent  tkul 
svetliemfroiil 
iic  qui  red  soli- 1 
ly  illiiHtrateil 
v'ilcf^es ;  it  ill 
by  virtueol| 
|a  rent. 
zeuH  lu'tweral 
he  world  anil 
Jig  ill  the  eif 
jb  parallel  dl 
t  British  sdm 
tliut  yeiirtal 
[of  NowfoimiT 
ire  iutimatdil 
|ited  (.apacitil 
Is  havt',  nm\ 
ill  tlii'se 
derived  frnil 
Ishcriiioii  iviil 

I  these  wat«ii| 
leriallyontlKl 
Itablo  oniplojT 
[t  of  haitakl 
bank  lisliet!! 
ji8  it  is  seE| 
Bd  by  a  larj 
sort  'ill  fi"^^ 

Ijr  8(11110  ycM 


lyiug 


tlieM 


Itho  effects 
imo  BC 


//.  Thci'rMhijeofprocuriiKj  IniH  itiiUniipj>Hen,refiithuj,  dryivg,  transshipping,  i§-c. 

Apiirl  from  the  imiiienHO  value  to  United  States  fislinniieii  of  participation  in  the 
Xewfouridiand  inHhore  finhorieH,  iiiiiHt  beeHtiniated  the  iinportaiit  privilege  of  pnxmr- 
jii.'  bait  lor  tlie  i>ro8ecutii)ii  of  the  bank  and  deep-sea  fisheries,  which  are  capable  of 
iinliiiiil'd  expansion.  With  Newfoundland  as  a  basis  of  o]ierations,  tlie  right  of  pro- 
, mill"'  liait,  relitting  their  vessels,  drying  and  (Miring  fish,  procuring  ice  in  abundance 
|'(ir  tlio  preservation  of  bait,  liberty  of  transHliip)nng  their  caigoes,  &e.,  an  almost  con- 
tiimoiis  prosecution  of  the  bank  fishery  is  Micurcil  to  them.  By  means  of  these  ad- 
vaii(a"es,  United  States  fishermen  have  a<  (|uired  by  the  Treaty  of  Washington  all 
lilt)  reTiiiisite  facilities  for  increasing  their  iishing  operations  to  such  an  extent  as  to 
(•liable  them  to  supply  the  demand  for  i'lah  food  in  the  United  States  markets,  and 
hifi'clv  to  furnish  the  other  lish  markets  of  the  world,  and  therel)y  exercise  a  coni- 
iKitTtioii  which  must  inevitably  jirejiidice  Newfoundland  exporters.  It  must  be  re- 
iiieuibered,  in  contrast  with  the  foregoing,  that  United  States  lishing  craft,  before  the 
toiiclusioii  of  the  treaty  of  Washington,  could  only  avail  themselves  of  the  coast  of 
Ne\vl'<iiiiulland  for  obtaining  a  snjiply  of  wftod  and  water,  for  shelter,  and  for  necessary 
n']ii.,rs  i'l  case  of  accident,  and  for  no  other  purpose  whatever.  They  therefore  pros- 
tditodtlie  bank  fishery  under  great  disadvantages,  notwithstanding  which,  owing  to 
liio  failure  of  the  United  States  local  iisheries,  and  the  conseciucrifc  necessity  of  pro- 
viding new  lishing  grounds,  the  bank  Iisheries  have  developed  into  a  lucrative  source 
of  employment  to  the  lishermon  of  the  United  States. 

That  tills  position  is  appreciated  by  those  actively  engaged  in  the  liank  fisliery  is 
attested  by  the  statement  of  competent  witnesses,  wliose  evidence  will  be  laid  before 
the  C'oiiiniission. 

And  in  the  reply  of  the  JJritish  (roverument,  referring  to  the  same 
Xewfoiuidlaud  fisheries,  is  the  following  dechiratiou: 

As  regards  the  Lerriiig  lishery  on  the  coast  of  Newfomidland,  it  is  availed  of  to  a 
iinsiderable  extent  by  the  United  States  lisbermen,  and  evidence  will  bo  ad(rueed  of 
largo  exportations  by  them  in  American  vessels,  particularly  from  Fortune  Bay  and 
th(^  neighborhood,  both  to  Enrojiean  and  their  own  markets. 

The  presence  of  United  States  lisbermen  upon  the  coast  of  Newfoundland,  so  far 
iKiiii  being  an  advantage,  as  is  assumed  in  the  answer,  oper.i  „es  most  jirejudiciallyto 
Newfoundland  fishermen.  Bait  is  not  thrown  overboari'  to  attract  the  fish,  as  as- 
serted, but  the  United  States  bank  tishiiig  vessels,  visit'ng  the  coast  in  snch  largo 
numbers  as  they  do  for  the  iniriio.se  of  obtaining  bait,  ( weep  the  coast,  creeks,  and 
inlets,  thereby  diminishing  the  supjily  of  bait  for  local  catch  and  scaring  it  from  the 
i,'r(iniids,  where  it  would  otherwise  be  an  attraction  for  cod. 

Ill  istipport  of  these  views,  the  most  abundant  testimony  was  produced 
by  the  British  Government  showing  the  exteiit  of  the  United  States  her- 
ring fishery,  the  character  and  construction  of  the  seines  used,  the  time 
when  the  vessels  came  and  left,  and  the  employment  of  the  native  flsh- 
cniieii  by  the  United  States  vessels.  And  it  follows  unanswerably  that 
upon  the  existence  of  that  fishery  between  the  mouths  of  OctoVu'r  and 
April  (the  very  time  prohibited  by  the  colonial  law),  and  upon  the  use 
ofju.st  such  seines  as  were  used  by  the  complainants  in  this  case  (the 
very  seines  forbidden  oy  the  colonial  law),  and  because  the  increasing 
direct  fishery  of  the  United  States  vessels  was  interfering  with  native 
methods  and  native  ])rofits,  the  British  Government  demanded  and  re- 
I  ceived  compeusation  for  the  damages  thus  alleged  to  proceed  from  "the 
liberty  to  take  flsh  of  every  kind  *'  secured  by  the  treaty. 

Tliis  Government  cannot  anticipate  thtit  the  liritish  Government  will 
jiiow  contend  that  the  time  and  method  for  which  it  asked  and  received 
cmupensatiou  are  forbidden  by  the  terms  of  the  very  treaty  under  which 
lit  iiitidc  the  cb^ini  and  received  the  payment.  Indeed,  the  laugiMvge  of 
[Lord  Salisbury  justifies  the  Government  of  the  United  States  in  draw- 
ling the  conclusion  that  between  itself  and  Her  Britannic  Majesty's  Gov- 
|eriimeiit  there  is  no  substantitd  difference  in  the  construction  of  the 
Jirivik'^es  of  the  treaty  of  187i,  iiiid  tliiit  in  the  future  the  colonial  reg- 
[iiliilioii  of  the  fisheries  with  which,  as  far  as  their  own  interests  are 
[coucerncd,  we  have  neither  right  nor  desire  to  intermeddle,  will  not  be 


w' 


180 


ALLEGED    OUTUAOE    UPON    AMEIilCAN    I'ISllKliMEN. 


m 


allowed  to  modify  or  an'ect  the  rij^htis  which  havo  Ih'L'ii  jjjuaraiitecMlto  | 
citizens  of  the  United  States. 

You  will  therefore  Hay  ♦^o  Lord  Salisbury  that  the  Crovernuient  ol'tlu' 
Uuittnl  StateH  cousidei's  lie  eufiajjeuients  of  the  treaty  of  1S71  coiitm 
vened  by  the  local  lejiisl.  Mon  of  Newfouiulland,  by  tl»e  prohibition  of 
the  use  of  seines,  by  the  clu.sinff  of  the  fishery  with  seines  between  ik- 
tober  and  April,  by  the  forbid(Unj?  of  lishiny  for  the  i)urpose  of  expoi. 
tation  between  December  and  April,  by  the  prohibition  to  lish  on  Sim. 
day,  by  the  allowance  of  nets  of  only  a  si»eci(ied  mesh,  and  by  the  limi 
tation  of  the  area  of  tishinj,'  between  Cnpa  Kay  and  (Jai)e  CIiuikmu 
liou^e.  Of  course,  this  is  only  upon  the  supposition  that  such  laws  urc 
considered  as  applying- to  United  States  lishermen  ;  as  local  reguliitions 
for  native  tishormen  we  have  no  concei'u  with  them.  Tlio  contiiivcn. 
tion  consists  in  excluding  United  States  lishermen  during  the  very  tiiiits 
in  which  they  have  been  used  to  pursue  this  industry,  and  forbiddin;' 
the  methods  by  which  alone  it  can  be  i)rotitably  carried  on.  The  exdii 
sion  of  the  time  from  October  to  April  covens  tiie  only  season  in  wliicli 
frozen  herring  can  be  procured,  while  the  prohibition  of  the  seines  woiilil 
interfere  with  the  vessels,  who,  occui)ied  in  cod-fishing  during  the  suiniiRr, 
go  to  Fortune  Bay  in  the  winter,  and  would  conseiiueutly  have  to  iiiakon  i 
complete  change  in  their  lishing  gear,  or  depend  entirely  upon  purcliiisc  [ 
from  the  natives  for  their  supply.  The  prohibition  of  work  on  Suiidny 
is  impossible  under  the  conditions  of  the  tishery.  The  vessels  nnistk 
at  Fortune  IJay  at  a  certain  tinu',  and  leave  for  market  at  a  certain  tiiiio, 
The  entrance  of  the  schools  of  herring  is  uncertain,  and  the  time  tliov 
stay  equ!  ily  80.  Whenever  they  come  they  must  be  caught,  and  tliu  I 
evidence  in  this  very  case  shows  that  after  Sunday,  the  (»th  of  .lanimry,  | 
there  was  no  other  inllux  of  these  tish,  and  that  i)rohibitiou  on  tliatdiij- 
would  have  bcMi  equivalent  to  shutting  out  the  lishermen  for  t  lie  tscasdi 

If  1  am  correct  in  the  views  hitherto  expressed,  it  follows  that  the  I 
United  States  Governnu'iit  nuist  consider  tlie  United  States  tislienueii 
as  engaged  in  a  lawful  indir^try,  from  which  they  were  driven  by  laulcssl 
violence  at  great  loss  and  dartiage  to  tlH'itr.  and  that  as  this  was  in  vioj 
lation  of  rights  guaranteed  by  the  Treaty  ///  Washington,  Itcf  ween  ( 1  r 
Britain  and  the  United  States,  they  have- j(  (sonable  ground  to  exjx  • 
the  hands  of  Her  liritannic  Majesty's  (Government  j»roper  compensation  I 
for  the  loss  they  have  sustained.     The  (Jiiitot}  States  (jrovenniicnf,  fifj 
course,  desires  to  avoid  an  exaggerated  estini.ifi'  of  the  loss  whicli  ImJ 
been  actually  sustained,  but  thinks  jou  wil!  find  the  elemenls  for  afiiir 
calculation  in  the  sworn  statement  of  the  <.wiiers,  coi»ies  of  which  are [ 
herewith  sent.     You  will  find  in  the  printed  pamphlet  which  ax^compii- 
nies  this,  and  which  is  the  statement  submitted  to  this  diipartmoiit  uii] 
behalf  of  twenty  of  the  vessels,  the  expense  of  eacli  vessel  in  piepara- 
tion  for  the  fishery  and  her  estimated  loss  ami  damage.    The  saiiie| 
statement  with  regard  to  the  two  vessels  New  England  and  Ontario, 
not  included  in  this  list  of  twenty,  you  will  find  attached  hereto,  tbiisj 
tucking  a,e/)mplete  statement  for  the  twenty  two  vessels  which  weiviiij 
Fortune  Bayou  the  6th  January,  1878,  and  the  (rovernment  i>f  tiie| 
United  States  sees  no  reason  to  doubt  the  accuracy  of  these  estimatis 
I  fiinl  upon  examining  the  testimony  of  one  of  the  most  intclligt'ntof] 
t  he  Newfoundland  witnesses  called  before  the  Halifax  Coiiimission  by  i" 
British  Government,  Judge  Bennett,  formerly  S|»eaker  of  the  Oolomiilj 
iJouse,  and  himself  largely  interested  in  the  business,  that  he  estiiuaUsj 
tlje  Fortune  JJay  business  in  frozen  herring,  in  the  former  years  of'ii" 
cliase,  at  liO,Oi)0  to  25,000  barrels  for  the  season  and  that  it  was  iucr 
iug,  and  this  is  conttrmed  by  others. 


ALLEGED   OUTRAOE   UPON   AMERICAN   PLSHEUMEN. 


181 


The  evidence  in  this  case  sliow.s  tliat  the  catch  whicli  the  United 
States  tisijiiijf  tieet  had  on  this  occasion  actually  realized  was  excep- 
tioiiiilly  lai'f^e,  and  would  have  supplied  profitable  cargoes  for  all  of 
them.  When  to  this  is  added  the  fact  ihat  the  whole  winter  was  lost 
iintl  these  vessels  compelled  to  return  lionie  in  ballast;  that  this  vio- 
U'liee  had  such  an  effect  on  this  special  fishery  that  in  the  winter  of 
l,S7iS-'7*J  it  has  been  almost  entirely  abandoned,  and  the  former  fleet 
of  twenty-six  vessels  has  been  reduced  to  eight,  none  of  whom  went 
provided  with  neines,  but  were  compelled  to  purchase  their  fish  of  the 
inhabitants  of  Newfoundland,  the  United  States  Government  is  of 
[oi)inioii  that  $10r>,3(»r).02  nuiy  be  presented  as  an  estimate  of  the  loss  as 
(liiinied,  and  you  will  consider  that  aniountas  being  what  this  Govcrn- 
jinent  will  regard  as  adecinate  com])ensati()n  for  loss  and  damage. 

In  conclusion  I  would  not  be  doing  justice  to  the  wishes  and  oi)inions 
(of  the  United  States  (Joverinnent  if  J  di<l  not  express  its  i)rofound  re- 
gret at  the  a])parent  confiicfc  of  interests  which  the  exercise  of  its  treaty 
])rivilefjes  appears  to  have  develoi)ed.    There  is  no  intention  on  the  part 
of  this  (iovernnient  that  these  privileges  should  be  abused,  and   no 
Idcsiie  that  tiieir  full  and  free  enjoynient  should  harm  the  Colonial  flsh- 
ei'iiicii.    Wliihi  the  differing  interests  and  methods  of  the  shore  fishery 
[and  the  vessel  fishery  make  it  impossible  that  the  regulation  of  the  one 
Ishotihl  be  entirely  given  to  the  other,  yet  if  the  mutual  obligations  of 
Ithe  treaty  of  1871  are  to  be  maintained,  the  United  States  Government 
hvonld  i^'ladly  cooperate  with  the  (ioveniment  of  Her  Britannic  Majesty 
|in  any  ell'ort  to  make  those  ri'gnlations  a  ni;    -f-r  of  reciproeal  eonven- 


jt'Mce  and 


right: 


a  means  of  preserving  tli.      siieries  at  their  highest 


|]ioiiit  of  production,  and  of  conciliating  a  community  of  interest  by  a 
Ijust  proportion  of  advantages  and  profits. 
1  am,  etc., 

WM.  M.  EVART3. 


1.  Messrs.  Foster  and  Tre^4<M>tt  to  th«^  Secretary  of  State,  with  appen- 
dix (printed  pamjihlet). 
-'.  Statement  of  loss  to  the  schooners  New^  England  <ind  Ontario. 


[AppniiiUx  A,  No.  317.1 

I'lLKi)  .I.vxfAnv  '2'>,  1879. 

rotlioHon.  The  Sf.chetary  ok  State: 
Sii;;  We  liiive  to  uckiiowledj^c,  tho  reecipt  of  Lord  .S.alisbiiry's  replies  to  your  coni- 
uniiieatimis  in  rcfertMico  to  tho  iittacsk  tiimn  tlici  I'liited  St.itt'H  fiHliing  v«»sei8in  Fur- 
Jnnr  lia.v,  N(^wt<)oii(lliiiul,  with  tho  iiHidiivilN  inclosed. 

Alter  the  most  carofiil  ox.'iiniiiation  of'thi'su  allidavil.-*  and  ,1  Hcriitiiilzing  review  of 
Hif  iitliilavits  inudo  by  tho  llnitj'd  Stiitos  liMhornun  in  Hopport  ofthojr  ooiiipliiint,  we 
tiimiot  discover  any  inntn  oicoiitradiction.s  which  discredit  their  hiHtoryof  the  (rftUH- 
|<'ti(iii, 
Tlieru  soeni.s  to  l»o  no  dispute  as  to  tho  following  factH  : 

p.  Tiiiit  twenty-two  Vessels,  viz:  Fred.  P  Frye,  Mary  M.,  Lizzio  and  Naniari,  Ed- 
M  K.  Weh.ster,  W.  E.  MacDonald,  Crent  ot  the  Wave,  F.  A.Smith,  llereward, 
poses  Adams,  Charles  K.  Warren,  Moro  Castle,  Wildtire,  Mand  and  Etlie,  Isaac  Rich, 
piiiiKei  Hill,  Bonanz.i,  H.  M.  Koger.s,  Moses  Knowlton,  .John  W.  Bray,  Maud  B.Weth- 
ri'll,  New  Kngland,  and  Ontario  went  IVom  Gloucester  to  Fortune  Bay  in  tlio  winter 
f  W7-'78  lor  tho  ]nirpose  of  procnrtn;i;  herriufr,  us  was  their  usual  custom,  and  rts 
p',v  \ypr(>  entitled  to  do  under  tlio  treaty  of  187L 

VI  Tliat  previous  to  that  wint('r  the  United  Stales  fi.shermen  had  always  pnrcLasod 
pir  htviiiig  of  tho  Newlbuudlaudors,  paying  them  in  money  or  provisions,  and  u 


B^' 


m 


182 


ALLEGED   OUTRAGE    UPON   AMERICAN    PTRTFERMEN. 


i' 


larj^o  and  profitahlo  tnido  liiid  H])rnn)i  up  l>ot\v(!on  llio  AitKiriciin.s  jiiul  tlin  iiiliiiliitontH 
The  value  of  tliis  triido  to  tlio  iiihal>ifjiiitH  orNowfoniulliiiid  cltnirly  iippcurH  in  tlic  |ii|. 
lowing  L-xtrivct  troin  tlio  ISiitiNli  citso  bi'tbio  llu;  lljilitux  Coiiiiiii.'SHion  :. 

"It  is  not  at  nil  jiroUablo  tliat  iiosscsfiiiiM;  n»  tlioy  now  do  tin-  rigiit  to  take  luiriiM' 
andc:up«din  for  tlu'inKclvoHon  all  parts  of  tin;  Nowl'onndland  (!o:iHts,  tlioy  will  I'diitimir 
to  purcliaso  aH  In'rctofore,  and  thny  will  thus  jm^vont  tin-  locsrl  lishcrtnen,  fspi'riallv 
tboHe  of  Fortnno  Hay,  from  o.njjajjting  in  a  very  hicrativn  t-inploynit^nt,  which  foiriuTlv 
occupied  thcni  during  »  portion  of  thu  winter  HcaHon  for  the  Hupply  of  the  ('nitcil 
States  market." 

Furthernioie,  in  the  affldavita  of  the  Newfonndland  fiHliernien  forwarded  hy  Lnnl 
Salishnry,  it  is  ]dairily  adinitte<l  that  llie  only  wiiy  in  which  the  local  tisherniCii  (j,i; 
dispose  of  their  herriufr  is  by  Kcllin^  them  to  the  Anieric'ans. 

In  January,  l!i7H,  however,  lor'  the  (irst  time,  the  American  vcssoIh  carried  witli 
tlu-ni  larger  st-ineN  in  order  totake  tlieirown  liening  and  save  (h«!exi)enHOof  i)urcli,is- 
inji  from  the  Newfoundlanders.. 

('aptain  Malonson,  cd'  tht!  schonner  Crest  of  the  Wave,  in  his  afTulavlt,  says: 

"The  Newfoundland  ilsheiinen  have  for  years  heiMi  in  the  haliitof  si'llin'fj  all  tho 
herring  to  American  vessels.  I  have  been  theieei}{ht  years,  and  I  hav<!  always  Imnclit 
my  herriufj  or  enjja^ed  fh(^  Newl'onndlanderH  to  take  them  tor  me,  ])ayin<;  tliciii  in 
cash.  This  has  lieen  the  universal  i)ractice(>f  An  criian  vessids.  This  year  W(^  (■iiiTinj 
the.  larjje  mackerel  seines  we  n.se  in  sunnner  for  taking  mackerel.  These  seincNwill 
take  frotn  two  to  live  thous;ind  barnds  at  a  haul,  and  th(i  herrinji  are  l)etter  tuki'iiin 
this  way.  As  most  of  tins  Newfoundlanders  lish  with  jjill-nets,  our  nnmnerof  seiiiiii" 
would  take  away  from  them  the  nionoi>oly  of  thi^  herrlnfi  trade." 

'J'lio  truth  of  (,'a]>tain  Malonson's  allidavit,  and  thatof  the  other  American  captains, 
is  shown  by  the  Hritish  adidavits: 

"The  Americans  Uvnernsed  a  seine  before  that  day;  they  always  employed  tb 
English  to  use  their  seines,  and  bought  (ish  from  the  English."  (Deposition  of  Jolia 
Saunders.) 

"The  Americans  do  not  bar  fish.  This  was  the  first  time;  I  ever  kn«^w  them  to dosn. 
They  usually  buy  the  fish  from  the  NowfoundlanderH,  an<l  also  liarter  tlour  and  ]i(irk 
for  them."     (Deposition  of  Mark  Bolt.) 

"  We  all  consider  it  to  be  the  greatest  loss  to  ns  for  the  Americans  to  bring  tliose 
large  seines  to  catch  herring.  The  seines  will  hold  '2,000  or  15,000  barrels  of  henin;,', 
andif  the  soft  weather  continues,  they  are  obliged  to  keej)  them  in  seines  for  Hnnie^ 
times  two  or  three  wetdis  until  the  frost  comes,  and  by  this  means  they  deprivutiip 
poor  fishermen  of  the  bay  of  their  chance  of  catching  any  with  their  small  nets,  anil  | 
thus,  when  they  have  secured  a  sudieient  quantity  of  their  own,  they  refuse  to  liny 
of  tlie  nativi;s."    (Deposition  of  .Ir)hn  Tharnely.) 

"They  would  have  probably  frightened  therest  away,  and  it  would  have  Ijecn  usf- 
l(!ss  for  the  English  to  'stay,  for  the  little  left  for  them  to  take  tbey  could  uot  have 
sold."    (Deposition  of  .Jcdin  CInett.) 

The  eviilenc.e  olfered  by  Her  Majesty's  Government  before  the  Halifax  Cominissinn  | 
fully  bears  out  the  above  affidavits  and  shows  that  previously  to  1H77  the  socii 
Nevv('i>nndland  hi'rring  fishery  was  merely  a  purchase  by  the  Americans  of  fish  ciiiigiil  I 
by  the  Newfoundlanders,  and  no  attempt  had  ever  bi-en  made  by  tlie  Americiuis  to 
take  the  fish  themselves;  that  In  the  winter  of  1877-'7Hthe  American  vessels,  tiikinj 
a<lvantage  of  their  rights  under  the  Treaty  of  Washington,  carried  down  witli  tlicul 
seines  in  order  to  take  their  own  herring,  and  tiiat  the  consequent  lo.ss  of  a  valiiablH 
trade  to  the  inhabitants,  .-is  foreseen  by  the  Uritish  agtint  at  the  Halifax  C'oiiniii,s.si»ii,| 
had  taken  jtlace. 

'A.  That  tln^se  ves.sels  waited  for  soveial  weeks  (from  about  December  15,  1877, li 
.January  ti,  l-<78)  for  the  expected  arrival  of  schools  of  herring  in  Fortune  Hiiy, 

4.  That  on  Sunday,  .January  (i,  1«7'"*,  the  herring  entered  the  bay  in  great  muiiliers,] 
and   that  four  of  the  vessels  sent  their  boats  with  seines  to  comnleuce  fishing  opera 
tions,  and  the  (tthers  were  proceeding  to  follow. 

r>.  Tliiit  the  parties  thus  seining  were  ecyiupelled,  by  a  large  and  violent  molnif  ll:M 
inhabitants  of  Newfoundland,  to  take  n(»  their  seines,  disi  barge  the  lish  alnady 
clo.sed,  and  abandon  their  fisheiy  ;  and  that  in  one  ca.se,  at  least,  the  seine  was,ilwi-j 
lately  destroyed.     lint  the  British  and   Americftn  affidavits  give  snbstanfi.iiiy  tii«I 
same  ac<'onnt  of  this  transaction. 

(i.  Tinit  tliesf!  seines  went  l>eing  ns''d  in  the  intere,st  a/  it,tl  rnited  States  vcs^lij 
waiting  for  cargoes  in  the  harbor,  and  that  the  catch  nndistiitlicd  would  Iiiur  hm\ 
sulHcient  to  load  (hem  all  with  profitable  (cargoes.  'l"h(t  gri'at  q(ninlity  of  /isli  in  ilifj 
harbor,  and  tl'ie  fact  th.it  the  Amcrifan  Vicsstds,  if  jierniitted  folisb,  would  /(.•(.'» 
obtained  full  (sargocs,  is  admitted  in  the  British  deposition, 

"  H'  the  Aineri(;ans  had  been  allowed  to  secure  all  tlie  herrings  in  the  bay  fortlnif-l 
selves,  which  they  could  have  <lo/ic  (bat  day,  tbey  yyould  ba,ve  filled  a|!  their  vissel^l 
and  the  neighlioring  fishermen  would  l»»ve  lost  all  ebance  on  the  /(dlowin^'  \v«li| 
day."    (Deposition  of  James  Sear  well.) 


Sd-CllUi'ii 

■lisliciUijjIji 

iiifiicaiia  to  I 

ist'ls.  tiikinsi 

with  1 1)0111  j 

11  viilnabla 

oiiiiiiinfii'iiiij 

15,  1877,to| 
Hny. 
at  nnnilicrs,! 
iliiiifj;  niioraj 

llldlldf  t!!«l 

alifiulyiiil 

1 13  wasaliw-l 
iUili.illy  tli«| 

atrs  Ncsselij 
'  (i^h  in  I'J'I 

,y  lortlifir-l 
litiir  vi's*H| 


ALLEGED   OUTRAGE    UPON    AMERICAN    EIHRERMEN.  183 

"ThoAmoricaiiH,  by  liauliii;j;IiorrinK  tliatday,  whcnthoEnKlishniou  could  not,  wore 
I roliliinj,'  tlit'iii  of  tlieir  lawful  ami  jiish  cliauce  of  aocurinii  thoir  Hliaro  iu  them,  ami 
fiutliii\liiiil  llioy  Hftiircil  all  tlu-y  had  barrod,  thoy  would,  I  boliovo,  have  lillod  every 
Ivi'SHfl  <'!' tlifiiH  in  the  bay."    (DopoHitiou  of  Johu  Cluett. )  ,    ,  u;, 

Hvv  al)*i>  ll><^  MllidavitH  of  t\w  Auioricau  captains. 

7.  That  in  coiis(!(iU('H(;o  of  thiH  violinco  all  tlio  v(!Hho1h  abandoned  tho  lishing 
IcidiindH;  Hdiiio  without  car^ofH,  houui  willi  vnry  suuill  cargoi-s  purchiksod  from  tho 
liiativi'.'*,  and  that  tluiir  voyages  wcru  a  loss  to  their  owu«irs. 

I  H.  Tliat  tilt)  stiining  was  conduettMl  at  a  distanco  front  any  land  or  lishinR  pri^iilcRo 
inthi'dccnpation  of  any  Ibitish  subject.  (S«!«  atlldavitsWillard  O.  Rode,  Charles  Da- 
L'l,.,  and  Mudiai'l  15.  Miirray.) 

I  ',».  TliHt  none  of  tln»  vivsHtdsof  tlui  Uiiitod  States  niado  any  further  attempts  to  Ush, 
h,i,'f  (), !•(.,.  ()!■  four  whicli  were  delayed  iu  the  neighborhood  purchastul  small  supplies  of 
llniiin".  (St'e  Hritish  depositioiis  of  John  Sauiulers  and  Silas  Fudge,  wherein  it  is 
iBtati'd'tliiit  the  American  vesscds  only  remained  a  few  days,  and  that  after  January  (i 
liio  lish  caiiie  into  the  harbor. )  All  the  American  allldavits  show  that  the  United  StatfiH 
Ivtsscls  wi-tv  afraid  to  use  tlieir  seines  after  this,  and  that  they  left  almost  inimodl- 

Lji'lv, >*f  of  tliem  coming  home  in  ballast. 

If),  That  this  violence  I'.as  had  such  an  cttVct  on  this  special  tlshing  industry  thatiii 

lllic  prt's(>nt  winter  of  1H7H-1H71)  it  has  been  almost  entirely  abandoned,  and  last  win- 

Itii'.H  ||<M't  of  twenty-six  ('2ti)  has  been  reduced  to  eight  ^8),  ami  none  of  these  have  gone 

iinividi'd  with  seines,  but  they  will  all  be  compelled  to  jjurchase  tln-ir  lish  of  the  in- 

liabitants  of  Newfoundlaiul.     (See  statement  of  the  collector  (d"  the  port  of  Glouces- 

ttcr) 

111  Hiipport  of  these  facts  wo  append  hereto — 

1.  A  li.st  (if  the  vc.sMcI.s  whom)  owners  wo  represent. 

y.  The  atlidavits  of  the  masters  and  crews  of  tho  siiino  vessels. 

;!,  Sworn  statements  of  the  owners  as  to  the  actiui  expenses  of  each  vessel  npou 
Itbeiiitcrnipted  voyage,  the  average  profit  of  their  jinn  ions  voyages,  and  the  loss  of 
Icari'iicH  coiisiMinent  upon  their  forcible  expulsion  in  this  case. 

4,  Statements  of  the  collector  of  the  port  of  Gloucester,  giving  the  number  of  vcs- 
*l!i  ciigagi'd  in  the  Newfonndlaml  herring  fishery  in  the  winters  of  1877-1878  and 
187r'-lH7<t. 

Ill  the  dispatch  of  Lord  Salisbury,  dated  August  2:1,  1878,  the  British  Government 
ussort  that  "tlm  United  States  tishermen  on  this  occasion  liad  conunitted  three  dis- 
tiiii't  hreaches  of  the  law,"  as  stated  in  the  report  of  Captain  Sulivan,  viz: 

'1,  That  the  Americans  were  using  seines  for  catching  herring  on  the  6th  of  Jan- 
Diiry,  IWrf,  in  direct  violation  ()f  Title  XXVII,  chapter  10"2,  section  1,  of  the  consoli- 
(lati'il  statutes  of  Newfoundland,  viz  :  '  No  person  shall  haul  or  take  herring  by  or  in 
mt'liie  or  other  such  contrivance  on  or  near  any  partoftlio  coast  of  this  coh)ny,  orof 
|tH  (li'pcndencies,  or  in  any  of  the  bays,  harl)ors,  or  other  places  therein,  at  any  time 

('tween  the  "iOth  day  of  October  ami  the  iioth  day  of  Apri  I.' 

"2.  That  the  Ameri(!an  captains  were  setting  and  putting  out  seines  and  hauling 
biul  taking  herring  on  Sunday,  theOth  of  January,  in  direct  violation  of  section  4, 
felwiitcr  7,  of  the  act  passed  2()th  April,  rS7(i,  entitled,  'An  act  to  .amend  tho  law  relat- 
iiil,' to  the  coast  lisheries,'  viz  :  '  No  person  shall  between  the  hoiirwof  twelve  o'(dock  on 
piitui'day  night  and  twelve  o'clock  on  Sunday  night  haul  or  take  any  herring,  cape- 
liii,  orsiinib,  with  net,  seines,  bunts,  or  any  such  contrivance  for  tho  purpose  of  such 
^auling  or  taking.' 
"If.  i'hat  they  were  barring  fish  iu  direct  violation  of  tho  continuance  of  tho  same 

et, Title  XXVJI,  chapter  102,  section  1,  of  the  consolidated  statutes  of  Newfoinulland, 

pr  at  any  time  use  a  seine  or  other  contrivance  for  the  catchingor  taking  of  herrings, 

iw'lit  by  way  of  shooting  and  forthwith  hauling  rhe  same.' " 

!  Leaving  to  your  own  consideration  tho  general  <|nestion  ■whether  or  not  colonial 

Igislatiiriis  can  enact  any  laws  or  local  regulations  which  will  iu  any  way  control  or 

Iniittlii'  f'liited  States  fisherman  while  pursuing  his  avocation  under  tho  Treaty  of 

Washington,  we  desire  to  call  your  attention  to  the  full  text  of  the  laws  alleged  to  be 

nfrinjted  (copies  of  which,  as  well  as  of  ah  amendment  passed  April,  1877,  are  liere- 

litb  iiielos(>d). 

TitltjXXXVII,  chap.  102,  of  tho  consolidated  acts  of  Newfoundland  provides — 
"fiKcriov  1.  That  no  person  shall  take  herring  on  the  coast  of  Newfoundland  by  a 

fciiiiMir  any  other  such  contrivance  at  any  time  between  tho  '20th  day  of  October  and 

p'lith  day  of  April  iu  any  year,  or  at  any  time  use  a  seine  except  by  way  of  shoot- 

k'and  forthwith  hauling  the  same. 

("Sec.  2.  That  no  person  shall,  any  time  between  the  20th  day  of  December  and  tho 

ptday  of  April  iu  any  year,  ctftcbor  take  herring  with  seiuos  of  less  than  2g  inches 

Ictili,  (fcc. 

I  "^Kt'.  4.  No  person  shall,  between  the  20th  day  of  April  and  tho  20Lh  day  of  Octo- 

^r  in  any  year,  haul,  catch,  or  take  herring  or  other  bait,  for  exportation,  within  one 


1«4 


ALLKORn  otrTRAfjR  uroM  amrkicam  rrsiiinjMF.W 


tnilt;,  nioiisnrod  l»y  tho  hJiofo  or  noroMH  tlio  vviittir,  of  iiny  Hi'ttlemoiit  nitiiutotl  betvvpen 
Ca\w  (Miaptian  l{oiij;o  and  Point  Kuni^^tT,  nciir  Cupo  Kiiy." 

HtMitiou  'JH  |>rovi(tt!H  tliiit — 

"  Notliiiii^  ill  tliiHciia|)l<i'  Nliall  atViicfc  Mm  rij^Iitu  mid  |MiviloK«»  granted  by  treaty  to 
till'  miliJcctH  of  any  Htatn  or  power  in  amity  with  llcr  MajcHty." 

Tlio  twfiiity-cii^iith  Hcitioii  of  tiiin  act  is  not  lelV.rrtd  to  by  Captain  Snlivan  inhj, 
ri>i>ort,  and  Hoonm  to  liavo  rNcapcd  tli»i  iiotieo  of  Lord  SaliHbiiry.  Tho  unforci'inciitnf  I 
tliiM  act  wonbl  deprive  uh  of  all  tho  piivilcj^cs  which  the  lintiHJi  Government  vftliuii 
NO  highly,  and  for  which  tho  United  HtalcH  Imih  paid  the  inim(;n.se  Hnm  of  livit  milliim 
live  hnndrcd  thouHaiid  dollarH,  ouo  million  of  which  \n  inidurNtuod  to  bo  allowt'diu 
Newfonndland. 

l?y  HootioiiH  1  and  'i  we  ii  e  pndiibited  (Voni  Hccnrinj;  hernnfj  in  any  way  from  Octdliir 
to  April,  and  limited  as  to  the  manner  and  method  of  lishin;;  at  all  other  times  nl'tli,. 
year.  The  American  lishin;;  vessel,  liein^  employed  in  the  mackerel  lishcry  in  tlit^siim. 
mer  and  in  the  herriiif^  lishery  in  th<i  winter,  uses  tho  same  seines  for  both,  ami  cun  imi 
and  should  not  bo  compelled  to  ("mply  with  local  rej^ulations  as  to  tho  si/e,  sii!i{ii'. 
and  manner  of  iisiii};  these  seines,  whether  they  aie  or  are  not  Just  and  proper  wlim 
ajiplied  to  the  native  iisberuien  liviii;;  near  the  lishin;;  ;;ronnds.  J{nt  it  ajipears, fnnu 
(Japtaiti  Kniivan's  report  and  from  tlie  ISrillsh  depositions,  that  these  laws  wtntMiii' 
known  as  well  as  unenforced  in  Fortune  Hay. 

There  is  another  section  of  this  act  whieli  does  not  concern    tlio  iircseiit  cnsfl,  lim 
which,  if  enforced,  would  almost  totally  deprive  tiu'  United  Stales  (!od-lisliini;  vcmhIs 
of  their  rii;hts  under  the  treaty  of  l.-iTI.     The  rijjlit  to  obtain  fresh  bait  on  the  ('(lasi 
of  Newfoundland  for  use  on  the  (iraiid  ltanksdnriu<;  tin-  summer  months  was  claliii.il 
by  the  ISritisb  (Joverument  to  be  of  immense  value  ti>  our  lishenuen,  and  wassordii 
sidered  by  the  arbitriittu's  in  makiuj?  their  award.     Ibit  s!  clion  4  prohibits  the  lakiii;' 
of  bait  for  exportation  tlnrin^  the  summer  inontlis  for  a  Ion;;  distance  alon;;  the  wiiilli- 
orn  coast  of  the  island,  (M)mi>risin;;  the  whole  of  I'laeiuitia  15ay,  the  nearest  and  iiuh  I 
favorite  re.sort  of  onr  lishermeu  from  the  (J  rand  IJiinks  after  bait.     It  is  true  this  law  | 
has  not  as  yot  been  enforced,  but  tlxirc  is  no  jjnaraiity  that  it  may  not  be  at  any  tiiin', 
During;  the  )>ast  session  tht;  Newloumlland  le^jislaturo  have  had  under  (!onsid(!nitiiiii  I 
a  law  prohibiting;  the  sale  of  bait  to  tho  American  lishermeu,  and  placing  a  liriuy  [ 
duty  on  all  ice  sold  to  them  for  the  purposing;  of  priiservin;;  bait. 

Th(!  section  IV,  act  of  Aiiril  iJli,  1H7(>,  (|uoted  by  l,ord  Salisbury  aijd  Captain  Siili- 
van,  is  as  follows: 

''No  person  shall  between  the  hours  of  tw(dve  o'clock  on  Saturday  nij^jlit  and  twclwl 
o'clock  on  Sunday  iiii{lit  haul  or  take  any  herring,  capliii,  or  s(|uids,  with  nets,  si'liii*. 
bunts,  or  any  su<;li  contrivance,  or  set  or  jmt  out  any  such  niit,  seine,  bunt,  or  mi- 
trivance  for  the  )iurpose  of  such  hanlin<;  or  taking." 

This  law  only  prohibits  the  tnkingoC  c(!rtain  kinds  of  fish  on  Sunday,  viz:  IleiTlns, 
caiilin,  orHi|iiid,  and  docs  not  apply  to  cod  or  halibut,  which  the  JJritish  evidi'inf  | 
before  the  llalifaK  Commission  endeavored  to  show  were  taken  almostentirely  willii: 
a  short  distance  from  the  shore.     I5y  the  ameinlmciit  of  1877,  this  act  was  extended  I 
so  a.s  to  ajiply  to  the  taking  of  all  lish  for  bait. 

We  deem  it  nniKH't'SMary  to  add  to  this  HtatiMiiontany  discussion  as  to  the  priiiciplrsi 
involved  in  Lord  Salisbury's  dispatches.  'J'lie  only  fact  to  which  wo  would  fiirtliirl 
ask  your  attention  is,  that  the  very  use  of  the  fislieri(!s  for  which  we  now  contend  »;n  I 
admitted  to  be  ours  uniler  the  treaty  by  tlit!  Mritish  (Jovernmeut  before  tht!  llalifas| 
Commission,  and  make  the  basis  of  the  award  of  that  tribunal. 

The  language  of  the  treaty  is  as  follows: 

"It  is  agreed  by  the  high  coutra<'ting'i)artiesthat  in  addition  to  tholibortiesHeciirtil| 
to  the  United  States  tishernum  by  Ihe'couvcntion  between  the  United  Si  tea  and  (Jrw! I 
Hritaiti,  signed  at  lioudon  on  '2(lth  day  of  October,  IHIH,  of  taking,  curing,  and  (IryMijI 
lish  on  certain  coasts  of  the  Ibitish  North  American  colonies  therein  detined,  tlii'iur 
habitants  of  the  United  Slatesshall  have,  in  common  with  the  subjects  of  Iler  UrilA"' 
iiic  Majesty,  thelibi^rty,  fortlie  term  of  yciirs  iiiont  iomul  in  Art,  XXXIII  of  thstrealyj 
to  take  lish  of  every  kind  except  shell  lish  on  tho  sea  coast  and  shorea,  and  iutltfl 
bays,  harbors,  and  creeks  of  the  iirovinciss  of  (^nobec,"  »Src.  | 

It  must  be  borne  in  mind  tliiit  ''liberty  in  common"  has  been  valued  by  tho  Kaiifo  I 
Commission  at  $5,500,000,  and  tlie  jtrice  of  its  enjoyment  has  been  jiaid.  That  awanll 
and  that  payment  were  made  111)011  the  representation  of  the  JJritish  Government  thai  I 
the  treaty  gave  (iortain  privileges  to  the  United  States  lishc'inen,  tho  exercise  of  wliitk  I 
inllicted  upon  the  original  proprietor  n  certain  amount  of  loss  and  dinnage  wliidiinl 
Justice  to  their  interests  reiiuiied  such  compensation.  This  exercise,,  thoreforc, iwl 
stated  ill  the  Uritish  case,  as  evideinied  in  tho  British  testimony,  as  ni  'itainediiit'j'l 
Hritish  argument,  for  which  tho  British  Government  demanded  and  received  compcnT 
Nation,  is  the  British  coiiHtrnction  of  tho  extent  of  "tho  liberty  in  c«nmon"  guar- j 
an  teed  by  the  treaty.  I 

The  British  case  atatoa  the  argument  as  to  tbo  Newfoundland  fisheries  iu  the  folloffj 
iug  languago : 


ALLKGEl)   OUTUAdK    IH'ON   AMKUICAN    I'lSIIEUMKN. 


1  sn 


"It  1(1  iNHortod,  ill!  tlioiKirt  of  IFcr  MiijcHly's  (iovtii'iinu'iit,  tliiit  (lir  actual  imi'  wliicll 
„ia\  l)n  inailc  "I'tliiH  jiriviU'K"  lit  tlio  preHciit  inoiiH'iit  is  iictt  h<>  iniu^h  in  (lUCHtion  as 
tlic  aitiiiil  valiH' of  it  to  tlioHO  wlioinay,  iftlioy  will,  use  it.  It,  is  possiliio,  andnvcMi 
iiri)l)!ilil<',  I  liat  tho  lliiilod  StatcH  llHlicrmeu  may  at  any  moimiit  avail  tliciiisi'lvj^s  of  t  lio 
Ljyjli.jji.'ot'iiHliiiis  ill  Ncwfoiiiullaiiil  inHliorti  watorHfo  ainucli  lartit-roxtnnt  than  tlicy 
(lo  at  iircscnt ;  bnt  even  if  tln\v  ulionM  not  <1()  so,  It  wonld  not  rulicvo  tlicni  from  tin' 
(ililjiMlion  (if  making  tlio  jnut  jyaynicnt  for  n  rijjbt  \vlii(^li  tlit-y  liavo  ac(inin'<l  Hnlijtut 
III  the  conditio  <>f  niakinj;  that  payment.  TliccaHo  may  li<"  not  inaptly  illnMtiatcd  liy 
tiinHoiiiewiiat  iilogonH  Olio  of  a  tonancy  of  Hliootinji  or  li.sliiiij^  jirivilcjfCH  ;  it  in  not 
licciuiHi'  tlio  fi'iiant  fails  to  i^xen^imi  tlio  rij^litH  wliieli  lie  liaw  lU'iinired  liy  virtue  of  his 
liiiHc  tliat  till'  jiroprietor  hIiouIiI  l)e<leliar!eil  from  (lie  rccovcT-y  of  liis  rent. 

"There  is  ii  inaiked  contrast,  to  the  advaiilane  of  tho  riiiteil  States  eitizeiiH,  ho- 
twceii  the  privilej^o  of  ai'fcsH  io  lishfiries  tho  most  valnahio  and  proilnctive  in  the 
wdiiil  ami  III  liarrcn  rif.;'  aceortli'il  to  the  inhaliitants  of  Ne\vfoiin<llanil  of  llsliin;; 
ill  the  (•xllall^tell  and  pre.  iii)ied  waters  of  tho  I'nited  Stat(!s  north  of  the  :W(th  par- 
allel of  north  latilndc,  in  wliifli  there  is  no  tield  for  Inerativo  o|ierati"'is,  even  if 
liiitisli  Miil'JectH  desin  d  to  nsort  to  IliiMn  ;  and  there  are  Htrons  fjronndH  for  lielievinj^ 
lliat  vear  liy  year,  as  I  Fnited  Sl.ites  lishermeii  resort  in  {greater  nntiiliei-H  to  tho  coasts 
(ifNcwfoinidlaiid  for  tho  jnirposo  of  prociirin}!;  bait  and  supplies,  they  will  hecome 
111(11'  iiitiniately  ae(|nainted  with  the  resonrees  of  the  inshore  lisliorii^H  anil  thttir  nn- 
liiiih.d  eajmrify  for  extension  and  dcvelojniu  lit.  As  a  matter  of  fact  lulled  Stales 
vi'ssels  have,  since  the  \Vasliiii;;ton  'J'realy  came  into  opt^ration,  been  siieciessfnlly 
(•ii>;aj;e(l  in  IIickc  lislii'iies  ;  and  it  is  hilt  rcisoiiahlo  to  aiilieipato  that,  as  the  advan- 
tic'CH  to  he  derived  fmni  them  liceonie  nioi  widely  known,  larger  nnnihers  of  United 
StatcH  tisheriiicn  will  enj^afje  in  them. 

"A  paiti("i|(ation  liy  lishermen  of  the  United  Rtatos  in  tlie  freodoni  of  these  wafers 
iiiii«t,  iiotwitlistaiiding  their  wondert'nlly  reprodnetive  eaiiacity,  tell  materially  <iii 
111' local  catch,  and,  while  afl'ordiii^;  to  the  United  States  li.sherinen  a  jirolitahle  eiii- 
lildyiiieiit,  must  Nciionsly  imcit'en>  with  local  snccess.  Tho  extra  ainonnl  of  liait  also 
which  is  re(piircd  for  the  siijiply  of  the  United  States  deinaml  for  the  Itank  lishei-y 
must  ha  .'e  the  cU'ect  of  diminishinjx  the  Hiijiply  of  cod  for  tin*  insh'ores,  as  it  is  well 
known  that  llie  Jiresence  of  that  ti.sh  is  caused  by  tho  attraction  otl'ered  by  a  larj^e 
i|iiiuitity  of  bait  lisiics,  and  as  this  (piantily  (liminishes  the  cod  will  resort  in  fewer 
nunihcr'to  tho  coast.  The  ell'ect  <d'  this  diiir,niition  may  not  in  ill  ])robability  be 
ii|iliarriit  for  sJnio  years  to  eonm,  and  whilst  United  States  tishcrmcn  will  have  tho 
lilierty  of  enjoying  the  fisheries  for  several  years  in  the  presi^nt  teeminjj  and  remn- 
iicrative  state,  tin;  elVeets  of  overlishiiif^  niay,  after  their  rij;ht  to  participate  in  them 
liiw  lapsed,  heitonio  seriously  prejudicial  to  the  interest  of  tho  local  liahunnen. 


"II.  Thi' imvihcjc  of  procurinij  hail  nnd  supplks,  refittint/,  tlryitid,  transshipping,  etc. 

"A])art  fidiii  the  iminen.so  value  to  United  States  (ishermer,  of  jiartieipalion  in  Ntnv- 
fiiniKllaiid  inshore  lisheries  must  bo  estimated  the  important  privilege  of  jtrocnring 
liait  for  the  iirosecutioii  of  the  liank  and  deeit-sea  lislusrios,  which  are  ca]ialile  of  nii- 
liiiiiled  expansion.  With  Newfoundland  as  a  basis  of  ojicrii* 'ons,  the  right  of  i)rocnr- 
iii;;  liait,  lelittiiig  their  vessels,  drying  and  curing  lisli,  pidjiiring  ice  in  abiindaiKH^ 
lor  the  preservation  of  bait,  liberty  of  transshiiiping  their  cargoes,  etc.,  an  alnxist 
coiitiinioiis  jirosecution  of  the  JJank  tishcry  is  se.<'nred  to  them.  Hy  iii(>ans  of  these 
ailviintages  IJniteil  States  jishernieii  have  aeiiuired  by  tho  Treaty  of  Washington  all 
ik' rt'ijiiisite  facilities  for  increasing  their  ii;\liing  operations  to  such  an  extent  as  to 
iiiahio  tlicin  to  Hiijiply  tho  demand  for  lish  food  in  the  United  States  markets,  ami 
lai'Kt^ly  to  furnish  tho  other  fish  niarket,.  of  th(!  world,  and  thereby  exercise  a  coinpe- 

j  tiiloii  which  niiist  inevitably  prejudice  Newfoundland  exiiorters.  it  inn.st  bo  remem- 
lii'i'cil,  in  contrast  with  the  foregoing,  that  United  States  tishiiig  craft  before  llio  eon- 
iliiHion  (if  the  Treaty  of  Washington  conid  only  avail  themselves  of  the  coast  of  New- 
t'ouiiillaiid  for  olitainiug  a  supply  of  wood  and  water,  for  shelter,  and  for  necessary 

I  ii]iiurs  in  case  of  accident,  and  for  no  other  iiuriiose  whatever;  they  therefore  jirosc'^- 
nili'il  flic  Jiank  fishery  under  great  disadvantages,  not  withstanding  which,  owing  to 

illiii  iailiire  of  the  United  States  local  fislit^ries  and  the  consciiiunit  necessity  of  provid- 
ing latw  f'sliing  grounds,  the  liank  fisheries  have  developed  into  a  lucrative  source 

[of  ciiii 'iiyiiicnt  to  tho  lishermen  of  the  United  Staf»'s.     That  this  jiosifion  is  appre- 

[riiitc'd  lpy  those  actively  engaged  in  the  Hank  fisheries  is  attested  by  the  statements 

[iifcoinpefent  witnesses,  whose  (evidence  will  be  laid  before  tho  commission." 

Ami  in  the  reply  of  fl^o  Kritish  Governiiieuf,  referring  to  tho  same  Newfoundland 

[fisht'rioM,  is  tho  following  de(daration  : 

"As  regards  the  herring  fishery  on  tho  coast  of  Newfoundland,  it  is  availed  of  to  a 

Jfo'.isidoialile  extent  by  the  lluitcd  States  fishermen,  and  evidciico  will  bo  adduced  of 
laii;i'  cxportafiotis  by  tluini  in  American  vessels,  jiarticnlarly  from  Fortune  Hay  and 
lliiMi('i;,'|iliorliood,  both  to  pjuropean  and  their  own  mark(;ls. 
"Th  ■  prcseuco  of  United  Stato»  tisbermoii  upon  the  coast  of  Newfouudlaud^  so  far 


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ALLEGED   OUTRAGE   UPON   AMERICAN   PlSIlERMEN. 


from  being  an  advantage,  as  is  assumed  in  tho  answer,  operates  niost  prejudicially  to 
No\i'foundland  lishermcn.  Bait  is  not  thrown  overboard  to  attract  tlie  fish,  aa 
asserted,  but  the  United  States  Bank  lishiug  vessels,  visiting  the  coast  in  such  large 
numbers  as  they  do  for  tho  purpose  of  obtaining  bait,  sweep  the  coast,  creaks,  aud 
inlets,  thereby  diminishing  the  supply  of  baio  for  local  catch,  and  scaring  it  from  the 
grounds  where  it  would  otherwise  bo  an  attraction  for  cod." 

In  support  of  these  views,  the  most  abundant  and  complete  tostimonj'  was  produced 
by  the  British  Government,  showing  tho  extent  of  tho  United  States  herring  (isliory, 
the  character  and  construction  of  the  seines  used,  the  time  whea  the  vessels  canic  and 
left,  and  the  employment  of  the  native  lishermeu  by  the  United  States  vessels.  And 
it  follows  unanswerably  that  up.7n  tho  existence  of  that  flsliery  between  the  months 
of  October  and  April,  and  upon  the  use  of  just  such  seine:;  as  were  used  by  the  com 
plainants  in  this  case,  and  becanso  tho  increasing  direct  tishery  of  t'lO  United  States 
vessels  was  interfering  with  native  methods  aud  native  proiits,  tiu'.  British  govenuuent 
<'eman<led  and  received  compensation  for  the  diiuiagi-'s  thus  alleged  to  pn^eeod  from 
"  the  liberty  in  common  to  take  fish  of  every  kind  "  secured  by  the  treaty.  With  wlmt 
justice  can  tho  British  Government  now  contend  that  the  time  and  the  method  for 
which  they  asked  and  received  comnensatiou  are  forbidden  by  the  terms  of  tho  very 
tre.'ity  under  which  they  nuide  the  claim  and  received  the  payment  ? 

In  conclusion,  and  in  reference  to  the  suggestion  of  Lord  Salisbury  that  the  Ilnitei' 
States  tishermeu  were  bound  to  .abstain  from  the  use  of  the  fishery  until  duo  reju'escn- 
tation  had  been  made  to  Her  Britannic  Majesty':)  government,  we  would  say,  witlioiit 
argument  aa  to  the  correctness  Ov  any  such  assuiupti.ui,  that  as  a  fact  this  is  just  what 
the  United  States  fishermen  did.  They  were  engaged  in  the  prosecution  of  a  lawf.il 
industry,  in  a  method  which  was  recognized  as  lawful  by  the  .award  of  tho  ILilifax 
Commission,  the  privilege  to  exercise  which  their  goverimient  had  agreed 'to  pay  for. 
They  were  forcibly  Btopjied,  not  by  legal  authority,  but  by  mob  violence.  They  niiidc 
no  resistance  ;  withdrev/  from  the  fishing  ground:)  ;  represented  the  outrage  to  their 
Governnuuit ;  have  not  returned  to  Newfoundland,  and  are  w.aitiug  iu  perfect  con- 
fidence that  the  Government  will  viu  licatc  their  rights,  iiud  see  that  justcompensation 
is  made  for  their  losses. 
EespectfuUv 

DWIGHT  FOSTER, 
.  WM.  HENRY  TRESCOT, 

.  •  '       ,  "  Counsel  for  Claimant. 


APPENDIX. 


Liatoftnasels, 

Vessels,  Oicners. 

1,  Fred.P.Frye ..Brov'n,Seavy  «fe  Co. 

'i.  Mary  M  .. ." Brown,  Seavy  &  Co. 

:{.  Lizzie  and  Namari John  F.  Wonson  &.  Co. 

4.  EdwerdE.  Webster Dennis  and  Ayer. 

i>.  William  E.  MacDouald William  Pa'scms M  &  Co. 

(!.  Crest  of  tho  Wave William  B.  Coooibs. 

7.  F.  A.  Smith Plummer  &i  Friend. 

8.  Here  ward  , - James  Mausfield's  Sons. 

y.  Moses  Ad.ams Samuel  Lane  «&  Bro. 

10.  Charles  E.  Warren Peter  Smith. 

11.  Moro  Cp stle Hardy  &.  Allen. 

12.  Wildliro Andrew  Leighton. 

i:{.  Maud  and  Filie W.  H.  Gardner  &.  S.G.BoIe. 

14.  Isaac  Rich ^ Walen  &  Allen. 

ir>.  Bunker  Hill Walen  &  Allen. 

IG.  Bonanza H-  C.  Allen. 

17.  Moses  Knowlton .John  Low. 

18.  H.M.Rogers Rowe  Jk  Jordan. 

W.  John  W.Bray J. F.  Wonson  &  Co. 

ao,  Maud  B.  Wetherell Geo.  Deuuis  &  Co. 


ALLEGED    OUTRAGE    UPON    AMERICAN    FISHERMEN. 


187 


B, 

Expenses  and  vlaim'a. 


)   Fred  D.  Fryo  . 
•j.  Mniy  M 


Lizzir  mill  Niiiuari 

I'llwiiiil  K.  Welmtor    

W'illiiiui  K.  MacDoniild 

r;,(«t(.f  tlio  Wave i. 

K.  A.  Smith 


Mosos  Adams 

This  v'ssol  iiIho  makes  an  additiniiar  claim  for  vaUio  liuriiiiji 

H!ilt>s  her  fiiil  tvM-jio 

CliarU'B  E.  Wancii 

Mom  Castlo 

Wililliro  . 


iiiliur  nut,  1)1) 


Mimil  ami  K'lio 

Isaac  Kicli 

|iiinl;or  Hill  — 
Hdimiii! 


Mostw  Kiiowlton 

H.  M.  no<xi'Tn 

Jiiliii  W.  liia.v 

Maiiil  li.  WcthoroU. 


Kspensefi. 


$1,700 

2,  180 

;t,  i,i3 

1,  754 

a,  iri3 

2,  Olil 
a,  405 

;i,  hoo 

1,580 


2,  ISO 

2,  ma 

1,530 
2,  37!) 

i,ir.o 

1,217 
2,  H55 
2, 001 
1,940 
2,714 
2,  018 


Claiiua. 


$.'.,  70C 
6,«'C 
S,50t 
4, 054 
4,  953 
4,019 
4,  895 
.5, 748 
4,  580 

4,000 
4,  080 
4, 134 
0,  309 
4, 379 
2,  491 

2,  077 
3, 022 
r>,  350 
5,870 

3,  589 
2,  .521 


00 

50 
40 
50 
95 
04 
.50 
05 
05 

00 
01) 
10 
82 
13 
09 
00 
17 
00 
30 
07 
34 


L'ii'liton. 
t.lir«r&S.G.Bole. 


C. 

Si-ATKMEXT   OF  LOS.S. 

Schooner  Fred.  P.  Fnjr. 

This  vessel  was  cliartercd  1)y  Brown,  Seavy  &  Co.  for  a  trip  to  Fortune  Bay  for 

horriiij;  iii  .January,  187H. 

i  They  piiid  tlio  o\vn«  rs  of  the  Bclioonor  for  tlio  cbarter. $S00  00 

Expenses  of  the  voyage,  crew'.s  wages,  provisions,  «&c.,  anionated  to 1,  3i"i0  00 

MiikiiiK  tlie  amount  actually  paid  out  iu  cash 2,  l.'")0  (10 

[  CrtMlit  partial  cargo  <'f  herring  sold 450  00 

'■''      '  -   "  ■'■    "                         '  1,700  00 

I  Aild  probablo  profit  calcnlated  from  preceding  trips 2,000  00 

•  '  3,700  00 

BROWN,  SEAVEY,  CO 
By  WM.  SEAVEY. 

I  C'OMMON-WKALTU   OF   Ma.SSACIIUSETTS, 

Suffolk,  SS:  !,   ■;.;;,;    „i  "i 

Dfckmufu  28,  1878. 

Then  pcrson.ally  appeared  the  above-named  William  Seavy  and  made  oath  that  the 
Ifdrcnoing  statement  by  him  subscribed  wa.s  true,  bel'oro  me. 

ALFRED  D.  FOSTER,        > 
■ .  Notary  Public,  'ji 

Schooner  Mary  M. 

lof  oxpeii.se  on  a  voyage  to  Newfoundland  for  herring  from  December  fi,  1877,  to 

February  26,  1H78 : 

Di?.  ■   '-'''':"-'■ 

[Ship  stores ,f205  35 

iLimiber  at  Lahi!.ve 85  2.''> 

ICiislom-bouse  fees , 58  75 

iBalliist 58  50 

lOllirers'  and  crew's  wages (i77  (W 

lln»nraii(!e .^^  00 

ICirsjo  for  tr.ide 400  00 

|llii;i,'CTs' and  blacksmith  bill 80  00 

2, 180  :,3 
Ivpriijrti  profttN  of  Newfoundland  voyages  made  by  schooner  Mary  M.,  Cap- 
tiiiu  Murray,  for  ten  seasons  (except  the  year  187()) 3, 500  00 

5,G80  50 


-' 


188  ALLEaED   OUTRAGE   tTPON   AMERICAN   FISHERMEN. 

:-  .      cr.  -■•■     :     ' 

By  return  cargo $200  ly; 

'  ■--  ..;'_.,■   ''I,    '""  "    ■  '.;     ■'  •      '         .  :..  /.   ,  '■;-.-  '      .    .'  fj,4f0!;(, 

•  MICHAEL  B.  MURKAY. 

MAS&'ACItUgKTTfi, 

Essex,  ss :  ' 

Gloitcesteu,  Decemfter 23,  1878. 
Peraonally  appeared  M.  B.  Murray  and  made  oatb  to  llio  truth  of  tlio  statenicnt 
fsigned  by  bim,  before  uie, 
[8KAL.]  AARON  PARSONS,  iV.  iP. 

Schooner  Lizzie  and  Namari. 

'    Abtntil  expense  of  voyage  to  Fortune  Bay,  Newfoundland,  January,  1878: 

Port  ebargea $H% 

Store  account 27;f  oi 

Outfits  for  voyage 1,245  J8 

Charter  of  vessel (iK!  ;i:) 

Wood  and  coal 22  ;!0 

Crew's  wages r)26  ;t4 

Captain's  wages 27'.i  HI 

Insurance  onouttits f)r>  t?7 

Profit  compared  with  previous  years H,  00(1  uo 

•               -■■.:/  ..V  G, i:i;i(u 

Deduct  ii"erchandise  and  cash  returned Mi!)  ifi 

f),  504  40 

This  vessel  was  hired  by  tis,  and  we  actually  paid  in  cash  the  amount  placed  in  tie 
above  account  as  charter. 

JOHN  F.  WONSON  &  CO. 
Gloucester,  Decemhir  23,  1878.  *    ,,        , 

Massachusetts,        '  • 

Essex,  ss  :      ' : >■        , 

Gloucester,  Decemher  23,  1878. 
Personally  appeared  Frank  A.  Wonson,  a  member  of  the  firm  of  J.  F.  Wonsonii 
Co.,  and  made  oath  to  the  truth  of  the  statement  signed  by  him. 
Before  me. 
[L.  s.]  .    .  ...  AARON  PARSONS,  iV.  P. 

b  -  ■'  Schooner  Edward  E,   Webster. 

Expenses,  actual  money  paid  out  in  voyage  to  Fortune  Bay,  January,  1878: 

Captain,  mate,  and  crow's  wages $720  00 

Insurance .' M)  00 

Ballast 00  00 

Lumber  for  platform  and  stage (i2  TiO 

Provisions 2.10  00 

Refitting  in  Newfoundland 100  00 

i,7r.4r,o 

A  preceding  trip  of  this  vessel  to  Fortune  Bay  for  herring  in  the  year  1875 

netted    .'),4OO00 

The  expenses  were 2,  .100  00 

Leaving  a  profit  of 2,900  00 


lRSONS,  n.  r. 


Iarsons,  iV.  r. 


ALLEGED    OUTRAGE    UPON   AMFEICAN    FISHERMEN.  189 

This  vessel  was  driven  off  without  ol)tiiiuii)g  any  herring,  and  her  voyage  resulted 
in  n  loss  of— 

(I.)  Till-  actual  oxpeuHcs 1,754  TjO 

(•>)  I'lolit  on  voyage,  provided  the  vessel  did  no  better  than  the  previous 

^"'    year 2,<K)0  00 

4,0^4.50 

DENNIS  &  SON, 
Per  J.  G.  DENNIS. 
Commonwealth  of  Massachusktts, 

Eauex,  SH  :       »  i  ,,..•-    •'.■-.  -,  ■:  c- ..'.;■.;:  ' 

Glouckstek,  Di'cemhtr  20,  1878. 
Tlicn  personally  appeared  the  above-uanicd  George  Dennis,  and  made  oath  to  the 
truth  of  the  for«goiug  statement  before  uie, 

ALFRED  D.  FOSTER, 

Notary  Public,  ■ 

Schooner  JVilHam  E.  MacDonald. 

Actual  expenses,  money  paid  out  for  trip  to  Fortune  Bay,  J..fluary,  1878: 

Snrobill $297  83 

Kaihvay  and  carpenter 34  86 

Sailiiiiiker .'■ - 4fi5  50 

rahitiiig 34  76 

lilat'ksinith 4  45 

Captain's  bill 159  98 

WaROS 670  .50 

limiiranco 412  00 

Sundry  bills 74  07 

Total  actual  exi)ensc8 • 2, 153  95 

Probable  profit,  calculated  on  an  average  of  preceding  years 2, 800  00 

Total  loss 4,953  95 

WM.  PARSONS,  2d,  &.C. 

Massachusetts,  ^,.. 

Essex,  sa :      ■'''^'  '  '       •  '  ■:■* 

Gloucester,  December  23,  1878. 
rorsonally  appeared  William  Parsons,  2d,  and  made  oath  the  stfateutent  nia^e  ^d 
siijucd  by  him  is  true.  /         "        '    ' 

Hefore  a)e, 
[L.S.]  .      .,  AARON  PARSONS,  iV:  P. 

Schooner  Crest  of  the  Ware.  ■  .         ; 

I  Actual  expenses  of  the  trip  to  Fortune  Bay  for  herring  in  the  month  of  January,  1878 : 

I  Store  bill 1575  19 

I  Crew's  wages 674  00 

Insurance , 350  00 

iOntiit,  lor  vessel,  &c 944  85 

Ballast 75  00 

2,619  04 
[The  probable  profit  on  a  trip  for  herring  to  Newfoundland,  calculated  from 

preceding  years 2, 000  00 

[Acid  actual  expenses '. • 2,619  04 

4,619  04 
WILLIAM  B.  COOMBS. 

[Commonwealth  of  Massachusetts, 

Essex,  ss  ; 

Gloucester,  Dccemhir2Q,  1878. 
Then  personally  appeared  the  above-named  William  B.  Coombs,  and  made  oath  that 
[tlie  foregoing  statement  by  him  subscribed  was  true. 
Meforo  me, 

ALFRED  D.  FOSTER, 

Noiary  Fublio, 


f 


vlSO  ALLEGED    OUTRAGE    UPON    AMliRICAN    FISHEKMEN. 

*■"'"''  ''■'■     '■•'  r-'  ',;'''■'■■  '^■■■'^  ■'■--'-'' :"''       Scliouiwr  F.  A.  Smith.  " ,•' -  '■    ■  .'V^i^' 

Actual  expeiiBfs  of  voyugo  to  Fortuuo  LJt^y  for  liorriug  in  January,  1871^;  money  paid 

Oivptaiii  and  crew'n  wages ITKImI 

IiiKiiranco 470  iij 

Jiill  lilKt .%  ( 

Liiinbor (^;i>\ 

I'rovisioiiH 'M\[i\\ 

Ivciilliiig  at  Nuwfouiullaud « .* HO  to  { 

■       ■■■  1,645  .VI I 

This  vcHsel  was  hired  for  the  trip,  and  $8r)0.00  was  actually  paid  for  the 
charter HriOm)] 

'-•■  ,'v.A,-,>--:.                                         ,   -    .    .,■,:;.,,..  ,.,,■,  i>,4i)5:ii| 

rroflt  of  a  fair  average  voyage,  calculated  ou  previous  voyages 'J,  400  Oy 

.  -  -    .■.  .  .:       .,,-■'  ■/'    ■<  \' "  ■■■■■■  •■•'  ''-■  '■■'■■■  '  4,81I5:*| 

JOSEPH  FKIENI). 
'*■'•'  :  ■■  "       ■;       GEORGE  W.  PLUMMEK, 

•  •  B.  T.  FRIEND. 

COMMONWKALTH  OF  MASSACHUSETTS, 

Essex,  88 : 
'   *■.  •  .        '  Glouckstkk,  December  i:'J,  16/8, 

,      Then  iierH'Mially  appeartid  the  abovo-nauicd  Joseph  Frieud  and  made  oathtliaUlje| 
,   I'ort'goiiig  stulcuicut  by  him  subscribed  was  true.  • 

Before  me, 

'  "~      .  '  '  ALFRED  D.  FOSTEK, 

,».,,,       . .     /•  Notari)  I'ublu. 

Schooner  Hereward. 

The  actual  expenses  of  this  vessel  in  the  voyage  to  Fortuue  Bay  in  January,  187!!,  | 
were  : 

OiiUit  for  voyage $1,1)00  ii)  I 

Wages  four  months - 1,000  (Ail 

PmvisioiiH mn\ 

Ontlit  for  vessel,  Jilting  out,  »fcc 400  III  I 

Insurance (iOO0(i| 

.  .    ■'*  ■"  ■  ■'  "■■"'-'   "'■■   '-■■-"■              :•■            .:        -     ■'  ■■;;  '  ■   ■■'  /  4,:iOO(iO| 

Less  part  of  outfit  returned , tM»i\ 

:\,  800 1«  I 
If  this  vessel  had  made  a  fairly  prosperous  voyage  her  profit  would  have 
been 2,000(i«| 

G,800( 
Less  small  amount  of  herring  brought  back (SMI 

5,748*1 
This  vessel  having  been  prevented  from  obtaining  a  cargo  iu  Newfoundland, 

her  loss  was 5, 748  ( 

A  seine  was  carried  down  by  this'Vessel,  wliich  was  destroyed  by  the  natives  wkj 
were  hired  to  set  It. 

JAMES  MANSFIELD  &  SONS, 
By  ALFRED  MANSFIELD. 

Commonwealth  of  Massaciiusktts 

Ensex,  ss : 

Gloucestku,  Dcccmher,  20, 187a 
Then  personally  appeared  the  above-named  Alfred  Mansfield  ami  made  oath  tljal| 
the  foregoing  statement  by  him  subscribed  was  true. 
Before  me, 

ALFRED  D.  FOSTER. 
Notary  rublic. 


ALLEGED   OUTRAGE    UPON   AMERICAN   FISHERMEN.  191 

Account  of  the  achoo.icr  Mosea  Adams's  herring  voyayv  to  Newfoundland  in  1877. 

Outfit**  101-  vo.viigo $i,0(t:j  8;{  ;" . 

t'asli  piiif'  ""*  '"  Hritish  Provinces  loi  MUiulrics 110  00  , 

Ciwb  paid  for  liorriuj; ID'J  00 

Insuianco •. 541)  (iO 

VVaL'ospaid  captain  andcre\v» 744  87 

^  !3i-2,»;07  30 

ChhL  received  for  borriuguold l,0!il  "Jo 

ijim  or. 
Probable  protit  if  arrive  bume  with  a  full  cargo -i,  000  00 

--:  4,580  05 

Valiio  of  liorring  lost  by  mob  tripping  tbo  Hciiio  which  would  bavo  been 
Ho'd  to  other  vessels  waiting  to  purchase 4,000  00 

Total  loss  to  ibe  scboouor  caused  by  the  mob 8,580  05 

,      '     '*  MEMOKANDUM. 

This  schooner's  seine  was  filled  with  herring  when  the  mob  tripped  it,  and  they  then 
emlcavorud  to  «bjstroy  the  seiue,  but  wore  prevented  by  the  cui)taiu  and  crow,  at  the 
peril  (if  liiiiir  lives. 

We  bad  this  sclioom  built  for  mackerel  lishing  in  summer,  and  Newfoundland 
herring  tisliiug  in  wintir.  S-je  is  all  furuished  with  herring  seines  and  bouts  for 
hiicli  biiisiness,  but  having  been  deprived  the  privilege  of  seining  herring  in  Newfound- 
laud,  and  by  mobs,  we  have  been  obliged  to  ubaudon  the  enterprise,  causing  a  great 
less  to  us.  .  .         ■  ' 

V         SAMUEL  LANE  &  BRO. 
Massachusetts,  .    .  '  •:- 

Essex,  sa:         ' 

January  3,  1879. 
Sworn  to  bef3re  mo  this  3d  day  of  January,  A.  D.  1871). 
[sEAi-.]  AARON  PARSONS, 

Notary  Public. 

Expenses  of  the  schoouer  Chas.  C.  Warren  on  a  voyage  to  Nowfoundlaud  in  the  winter 

of  1877  and  1878. 

Outfits,  -   . 

ItiO  hogsheads  salt $270  00 

!HIO  barrels , 700  00 

OutlitM  for  voyage 1,40Q  00 

Crew's  wages , 1, 400  00 

Insurance , 'i.'iO  00 

Port  charges 30  00 

4,0.'')0  to 
400  barrels  herring,  (cash  paid) .500  00 

4,010  00 
Deduct  return  cargo :  '•:     ■^'     ■■•    , 

800  barrels  herring 2,400  00 

30  hogsheads  salt 30  00 

'        '    "  ^,430  00 

Expense,  loss '2, 180  00 

iiOU  barrels  herrings y,500  00 

Netlqsa 4,080  00 

PETER  SMITH. 
i  State  of  IiIassachusetts, 

"Essex,  88  : 

Gloucestek,  December  14,  1878. 
Personally  appeared  Peter  Smith  and  made  oath  to  the  truth  of  the  foregoing  ac- 
I  count  signed  by  him. 
Before  me. 
[SEAL.]  AAEON  PARSONS, 

Notary  Public. 


mL.^.  ■'^ 


ALLEGED   OlITUAGE    UPON    AMICUICAN    FISIIEUMEN. 

Sthoomr  Moro  Crtillv.  ' 

Store  hill,  Ac ijligi  k; 

Crew's  wages 021  U 

Hivlliist  ...' 30(10 

Insurance 420  do 

Cargo  or  outlits 'J"JO  do 

Profit  1874  and '75 I'/Moj 

4, 131 1'j 
Schooner  Moro  Castle,  Ncwibuudluuil  vovago,  1877  and  7ri. 

Mckenzie,  hardy  »&  co 

Massachusetts, 

Ehhcx,  hh  : 

Dkckmuicu  12, 187H. 
Personally  appeared  S.  N.  Hardy,  and  made  oath  to  the  truth  of  above  statement 
before  me. 
[SKAL.]  '  •  AAKON  PARSONS, 

Notary  I'uhlic, 

Account  of  Newfoundland  voyage  schooner  Moro  Castle,  1H74  and  75. 

Store  bill $lg!01 

Outfits l.tWO.Vi 

Custom  fees,  &.c 14  jd  I 

Oakes  V.  Stevens'  bill 2!)j| 

Haskets 61 

Bill  of  ballast 11 20 1 

Bill  of  lumber ^Cj 

Shovels 2  50 

J.  G.  Tarr  &  Iko.'s  bill 201 

Wood  and  coal 21  ;iO  I 

Telegraphing ',\%\ 

Insurance 420  ( 

Crew's  wages 471)  (In 

Captain's  wages .*. 315  00 

Capt.  NaKs' bill 174  fti 

Expenses  to  New  York 14  00 

Use  of  chain 15  00 1 

Commission  ou  snles 550  ( 

■        •  :},320  31| 

Cu. 

For  sales  of  herring,  &c ^ 5,301  K  I 

■      ■  -^  -  1,1)8101 1 

Schooner  If'ildjire. 

Actual  expenses  in  voyage  to  Fortune  Bay  in  January,  1878. 

Wages  of  captain  and  crew $(i2H'2l| 

Insurance 570  00| 

Ballast 581 

Lumber  and  cost  of  erecting  platform  and  stage 70  Hi  I 

Provisions  .. 2Q4:£l| 

.  -  ■■■'■   ■    '"'• '         "- ' ;  ■•" '  i,53u:i; 

The  last  preceding  voyage  of  this  vessel  to  Fortune  Bay,  January,  1875,  she 

l)rought  btu-.k  a  cargo  of  herring,  which  sold  for (i,414  'S 

The  expenses  of  that  trip  were L.^'ibiij 

Leaving  a  profit  of '.    4,87H»| 

As  this  vessel  was  driven  away  by  the  people  of  Newfoundland  without  obtaining  | 
a  load  of  herring,  the  voyage  resulted  in  a  loss  of —  • 

(1.)  Money  actually  paid  as  vjxpenses ^l,530ffij 

(2.)  Estimated  profit,  if  the  vessel  did  uo  bottler  than  last  year 4, 878  *  [ 

(5,301ts| 
ANDREW  LEIGHTON^ 


HMKN. 


$10Hf, 

r>ui?'i 

aoiKi 

, 420(11 

, OlKlOo 

1,98101 

4,  i;ii  111 

IIAUDY  &  CO 


:cKMiiicu  12, 187H. 
of  above  statouient 

N  TARSONS, 
Notary  I'lMk. 

1874  and  '75. 

, 818!i01 

i.UHorH 

Mail 

2W 

(i  »i  I 

1120 

r)65 

"250 

2«i:l 

'ilMl 

ssol 

4201 

47'Jffi| 

:ur)Oo 

174W 

14  0(1 

15  00 

550  00 1 

;i,:i20ii 

5,^01 » I 

1,'J81( 

y,  1878.  :h-     ■- 

$ti2H'i;i 

57000 

58  W  I 

70  ;i; 

;204;S| 

i,5:io:i;j 

187;"),  sbo 
........     r).4MiO 

l,:)&&\ 

:     4,87Sf5J 

without  obtiviuiugj 

.     #!l,5309lj 
4,H7««| 

W  LEIGllTON' 


ALLEOKD    OUTKAUli    IJl'O.^^    A51EU1CAN    I'lSlIEUMEN.  11)3 

'  COMMONWKAI.TII    UK  MASSACmjMKTTS, 

Eauex,  «« ; 

Ou)  ITCK8TEB,  December  20, 1878, 
Then  pciMonally  appeared  the  ahovo-uaiiiod  Andrew  Leighton,  and  made  oath  that 
111!'  f(ii('j,'()in);  statoniont  by  him  HubH^sribed  waa  true. 
lielbro  1110. 

^.  ALFEED  D.  FOSTER, 

Notary  J'ublio, 
Svhooner  Maud  i^  Effle, 

Actual  expeuHOB  as  paid  out  ou  account  of  voyage  to  Fortune  Bay,  January,  1878. 

I'o.t  cliiirsus,  Newfoundland }20  40 

Store  iiccoiint ^Tjy  IH 

I  OiitlitH  lor  voyage 1,40.')  02 

I  Liiiiil)cr  for  Hcattbld l."")  00 

l!alliwt 40  00 

i  Cu'w'rt  wii^oH , CiO  00 

I  Ciilituin's  wagec :i75  00 

riliitiijjo,  Halifax 10  00 

liisiiniiK-o ■ 375  00 

WihmIuiuI  coal 20  00 

Kaihvjiy 19  r)5 

JLiisdou  Hciue  and  gear 1.00  00 

•  3,333  13 

!  IJiiliict  merchandise  and  cash  returned 1)54  00 

Loss  on  voyage 2,379  13 

On  account  of  the  disturbance  made  by  the  British  fishermen  of  Fortune  Bay,  in 

laiiiiaiy,  1H78,  resulted  in  a  loss,  as  follows: 

[Loss on  voyage  as  exponas $3,379  13 

[  I'rollt  ou  voyage  as  should  have  been,  as  compared  with  previous  years 2,  000  00 

Making  an  actual  loss  of 5,  379  13 

Gloucesteu  Fish  Company, 
.,     WILLIAM  II.  GARDNER. 
.  .'  ■  r  SAMUEL  G.  POOL. 

JC'OMMONWEALTH  OP  MA88ACHU8KTTa,  ■  ... 

Gloucester,  December  2,  1878. 
Tlicii  itcrsonally  appeared  the  abovo-'^imed  W.  II.  Gardner  and  Samuel  Pool,  and 
[iiiiido  oath  that  the  foregoing  statemoui;  by  them  subscribed  was  true. 
lieforo  mo. 

ALFRED  D.  FOSTER, 
'IS..  Notary  rublio. 

Schooner  Bunlcer  Hill, 

■  'i-'-^'-^-  ^^'^-"^'r  ,::•'■■•  ■^:-:  -^^■-'     NEWFOUNDLAND  Trip,  Januttr^,  1878. 

IWagos |797  25 

llimurance 450  00 

ISiilt 375  00 

ICash 413  00 

IC'arfjolor  trade 9.'j4  20 

ISiorubiil 190  05 

3,179  50 
Sale  of981  barrels  of  herring,  at  $2 1,962  00 

1,  217  50 
!  cargo  of  the  vessel  had  been  contracted  for  at  the  rate  of  $3  per  barrel, 
Init  ou  account  of  the  delay  they  brought  $2  per  barrel,  leaving  a  loss  of.        981  00 
Full  cargo  would  have  been  1,300  barrels,  but  on  accoant  of  disturbance 
did  not  obtain  but  981  barrels,  leaving  a  deliciency  of  319,  which  would 
have  cost  $478.50,  were  sold  for  |957,  leaving  a  loss  of 478  50 

Total ,.„.,,.,.,.„ 2,677  00 

WALEN  &  ALLEN, 
S.  Ex.  113 13 


Ill 
111 


194  ALLEGED   OUTKAOK    UI'ON   AMEUICAN    F18HEUMEN. 

Hchoonvr  Isaac  liich. 

Newfoundland  Timp,  January,  ih7(.. 

Wages $7%j(| 

luHurance 400(( 

Store  bill >^l;i;{ 

Halt 'Ati^l 

('iwh iniia 

Hill  of  liorrinu 12U'^n 

Cargo  for  trutle l,u:!u,;i 

Sale  of  herring,  918barrelg,  at  J2 1,K)6(I)I 

,      1,150«)| 

Tho  cargo  of  the  vchhoI  had  been  contnictotl  for  at  ^',\  i)or  burrul,  but  on  ac- 
count of  the  delay  they  only  brought  if'i  jior  barrel,  leaving  a  1oh«  of 'Mifs\ 

Full  cargo  would  have  been  1,^00  barrels,  but  on  account  of  the  diuturbance 
did  not  obtain  but  UIW,  leaving  a  doliciwncy  ii82,  which  would  have  cost 
$423,  wore  sold  for  1J840,  a  Io8s  of 4'*«)| 

a,4i)i((i| 

MICHAEL  WALEN, 
Massachubbits, 

Etaex: 

GLOUCE8TKU,  Diicemhm'  23,  Mo, 
Personally  appeared  Michael  Walen,  and  made  oath  to  the  truth  of  tho  twofore-| 
going  Btatenicuta  signed  by  him. 
Before  nie. 

[L.  8.]  AARON  PARSONS, 

Notary  rublk. 

Schooner  Bonanza. 

The  actual  expenses  of  this  vessel,  iuclndiug  cash  paid  for  wages  on  the 
voyage  to  Fortune  Bay,  Newfoundland,  for  herring,  in  Jaunary,  1H7H, 
were : fi,V&% 

The  last  i>rccoding  trip  of  this  vessel  to  Fortune  Bay  netted  by  sales  of 
herring 4,006151 

The  expenses  of  tho  trip  wore ;t,465(ii| 

Leaving  a  profit  of l,141t!l| 

This  vessel  wae  diivon  off  in  1878,  and  only  obtained  a  partial  cargo — 

(1.)  Actual  expense,  1878 ?2,8ii5ill| 

(2. )  Profit  on  voyage  provided  the  vessel  did  no  better  than  on  her  iirovious 
voyage 1,14131 

3,y!i?ii| 

Deduct  value  of  partial  cargo i)"5(l 

Leaving  a  loss  of j DiOtil 

--^ -     -  JOSEPH  O.  PROCTOK, 

'  For  aeJf  and  other  owiim.  \ 

Massachusetts,  ■..'/-'>  ''--•:■'. 

Eaaex, ««;  ' 

Gloucestku,  December  21, 18*8. 
Personally  appeared  Joseph  O.  Proctor,  and  made  oath  to  the  truth  of  tho  aborj 
statement. 
Before  me. 
rsBAL.]  AARON  PARSONS, 

MtaryPuihl 


AliLKGED   OUTRAGE   UPON   AMEltlCAN    KI.SIIERMEN.  195 

School.. I  MoDtH  KnowUon.  ^ 

Actual  cxiiciises  of  tho  trip  to  Fortuno  Hay  for  herring  in  the  yoar  1677  and  1878  : 
IwiiL'tsHof  crow |h;M  <>0 

t.L^ ''i'Z 

|l,j.'liMiii)iu-y ■«'  '"' 

LimcMll.  i)i()vlnions  for  crow,  «.v.c W'tH)  ()(• 

iLumberlorMtiigo  ami  Httint;  vohsoI ;{r>0  00 

l,(Kil  (50 

ll  1111  not  tin)  owuor  of  thia  vossol,  but  liirod  hor  for  this  trip,  puyin^f  for 
■  thochiirlcr 1.000  00 

lActunl  iixiHiiirt«'« %W>\  (iO 

4(lil iiiobiiblo  profit,  calculutod  average  of  prcvioiw  yearn U.OW  00 

Lnsson  trip t>.'»<'l  <>0 

Catlit  l^^O  barrels  purcbaaed  of  the  inhabitants  of  Newionudland 305  00 

Spoilt  by  tho  delay &,35G  GO 

JOHN  LOW. 

llASSACUL'SKn-8, 

Esaex,  aas 

Glouchster,  MA88.,  December  23,  1878. 

IVisoniilly  api)eared  said  John  Low,  and  made  oath  to  llio  trntiiof  the  foregoing 
Itati'mciit  signed  by  him  before  me. 
[SKAL.]  AAliON  PARSONS. 

JSolarn  Public. 

Schooner  Jlerhvfl  M,  Eogera.  >    .  .     ■«.         . 

Actual  oxpcnses,  moinsy  paid  out  ou  account  of  voyage  to  Fortune  Bay,  January,  1878 

CiwtoiiiH - $4  10 

ktdie  iiccoimt 222  80 

Biillit  for  voyage ;. 1,278  O'J 

[imik'r  lor  platform r 6  00 

Erow'H  wages - (513  (55 

|)a|itiiiii's  wages 3150  00 

nismiuico ^ - 3(52  (50 

IS'iiml  and  coal 17  50 

ilwiiy 18  50 

laiiiiiiast  and  setting  tip  rigging 1(58  00 

Iscuf  clirunometer 15  00 

'       "•■         " ' ■".-- "■■       3.0(56  18 

fcduct  proceeds  of  the  few  barrels  of  herring  brought  back 1, 120  00 

Actual  loss  of  voyage 1,940  13 

itliolast  voyage  to  Fortune  I5ay  the  same  vessel  netted (5,285  70 

^0  actual  expenses  were 2,355  53 

Loavjng  a  profit  on  the  voyage  of 3,930  17 

iTlii)  triji  of  January,  1878,  to  Fortuno  Bay,  ou  account  of  tho  disturbance  made  by 
|e  British  lishormen,  resulted  in  a  loss  of — 

)  Actual  expenses $1,040  13 

l)Prolit  ou  the  voyage  provided  the  vessel  did  no  better  than  in  tho  pre. 

|viou3year 3,930  17 

5,876  30 

EOWE  &  JORDAN, 

Oumers  and  Agents. 
By  WILLIAM  H.  JORDAN, 


n  ff5 


I: 


11)()  ALLKOKU    UUTUAGK    Hl'ON    AMKUICAN    I'lMlIKUMKN. 

COMMONWKALTII  OK   MaHHACMUHKTTS, 

Ksnejc,  at: 

(ii-ouCKSTKH,  Ikccniber 'i,  Kj 
Thou  i»oisoiinlly  ttppoiirod  tho  aforomiid  VVilliiim  II.  Jordiin,  mid  imwld  (lath  th«| 
the  furuguiiig  Hliituinuiil  liv  liiiii  Hiil)Mcril)cd  wiin  triio,  bofoio  mu\ 

ALFiiKD  1).  i'(»Hrr;i( 

Solitry  y'liWif, 
Schooner  John  W.  liraij. 

Statoiuont  of  kip  to  Fortiino  Buy,  Nuwfoiindliiiid,  Juiiuury,  187fi. 

KXrKN8K. 

Port  uhargeM y^A 

Storo  accoiii't t!l\\ 

Oiitlitb  '"or  voyiigo l,(il.ili;l 

Wood  mid  coui 'jml 

liiHiiraucu IITiOli 

('i'uw'n  wiigus TiHli 

Ciiptaiii'H  wagoH « ;WIC| 

Luuii  oil  two  liiioH  and  gour 175 

Profit  coinpftred  with  provioua  yoarH i!,4U,Mf 

5,1145 
Proceeds  from  part  cargo  of  liorHiig  brought  home l,,",,S( 

lialuncc 3,5cj|| 

JOHN  F.  WONSON  &  CO. 
Oi.oucKSTKii,  Dtc«n6cr  23,  1878. 

MAS8ACllU8F/na, 

Essex,  88 : 

GLOUCK8TKU,  December  Z),  IWi  I 
IV^rsoually  appeared  F.  A.  Woimoti,  a  iiioniber  of  the  ririii  of  J.  F.  Wouhou  &Co.| 
and  iiiiulo  oath  to  the  truth  of  thu  utatemuut  uigued  by  him. 
lloforo  mo, 
[L.  a.]  AAliON  PAIWONS,  .Y.  f.! 

Schooner  Maud  It.   Wethvrell, 

"        Actual  oxpoiiBOH  of  trip  to  Newfouudland  for  honing  in  January,  1878: 

Store  bill ?5Bj 

Crew's  wages 82!  J 

Ballast (iOJ 

Insurance 4*51 

Salt iffij 

800  barrels (iH 

Duties  on  barrel  Newfoundland. 

I^abor 451 

Harbor  dues 'i)\ 

■  ■         '  -•:■...'    -.-'■•  ■   --.--  ■   -       -     .,:....,;  ;     ,    'y..  2,1 

•      TOTAL  HXPKN8ES.  <      >    > 

...;.  '        .  ■ ,  .-■''*•■-' 

By  the  attack  made  by  tho  inhabitants  upon  the  seines,  the  captain  was 
forced  to  purchase  his  herring  for 

This  vessel  was  fitted  out  for  1,200  barrels ;  she  was  able  to  obtain  only  800  iua 

Actual  expenses S'2,1 

Money  paid  for  lish , l.lWl 

Loss  of  profits  on  400  barrels,  at  %2 . 

'  4,rKii| 

Credit  i 
By  proceeds  of  herring  sold -' 

Making  total  loss  of. "■''•'* 

,  GEOEC    DENNIS  &C(| 


KN. 


AI.M-^il'l)   oDTllAOK    ITPON    AMRRfCAX   T'ianKl!Mi:>^. 


K): 


ember 'i,  \<,i, 
iiiidd  oiktli  tliul 

•'OSTKl!. 
\'otnrii  i'liWir. 

,  ia78. 


s+ial 

'>-r!\ 

l,lll.li'| 

a)!! 

.>ii 

"JiU'l 

i;:, 

•2,7US 

'i,i%D 

r),iu5 
l,.v^l 

V^H 

ONSON  &  CO. 


hlASSACIIISETTrt,  ,  V  . 

Ql,oU(;KHTKli,  l)«i»mber  "iW,  1878. 
ivrxiiimlly  ii|i|><'<i<'<*<I  Oflor^o  DimhiIh,  niiil  iniitto  oiitb  to  tlio  truth  of  the  itbove  Htiito 

liiiciit  NiKiii'l  I'.V  him. 
iicl'ort)  iiK', 

ISKAI..] 


acetuher  i!:!,  1874 1 
'.  Wousou  &  Co, 


JISONS,  X  P, 


ary,  1878: 

J-2(6l 

(fill 

4-5J 

..     ftifll 
tioi 

•i5| 


llll  WilS 

<}im 

lioulyBOOiualt 
),1W| 

1^ 
'J,Off| 

)ENNIS  &  C3 


AAKON  I'ARHONS, 

Notary  I'uhUc. 


Afflilarllr.  in  reply, 

rii.or;CRSTKU,  Deremher  10,  1878. 

I  Cliarlfw  Daglo,  inaHtor  of  tho  Ainoriciin  sclioonor  Liz/ic  mid  Nuniiiri,  of  Kookport, 

Idisliif't  iil'dloiico^tnr,  «ht,  on  oiiMi,  dopoHi!  mid  Hiiy,  that  I  know  Mr.  iJitlt,  whoreRide<l 

liii  It  liiit  <••'  Hliiviity  iioiir  'I'ickh)  HcikIi,  Nowfoimdhind  ;  t  liiit  I  wiw  tluiro  on  tho  (>tli  of 

Jiiniiikrv,  l-*78,  mid  siiw  tlut  hostih<  iirtK  of  Mm  HritiNh  lUlHiriiion.     Mr.  M4>!t'H  hut  in 

liioiit  i')0  yards  liiii-k  from  thii  bench.     I  hiivo  hcoii  to  Ninvfoiindhmd  f<Hirtoon  snc- 

Iti'ssivt!  vt^iirs,  mid  iinvcr  heard  of  any  porsons  (daimiii^  any  rights  on  tlin  IwMudi,  «very- 

[)(i(lv  iiMiiijj  it  ill  romiiion.    'J'hf.  thitte  hilts  tlicre  are  in  tho  iiatnro  of  Hijuatter  property, 

(iHii'l  only  ill  tiie  winter.     Mr.  Holt  never  iiiiuh^  any  idaiin   that  I  know  of;  and  tho 

Hnnriiiiii  seines  were  not  used  within  ;tO()  yards  of  Kolt's  placo,  oxcopt  whoro  tho 

cin. s  wen'  hauled  on  the,  boaidi  hy  British  lishitriiien  and  destroyed.    Tho  soinos  that 

(cn'oldijjt'd  to  h(i  taken  up  were  ;">()!)  yards  or  more  from  IJolt's  phioo.     Tho  Boino  of 

till  !■',  A.  Smith,  Captain  AieDonald,  was  oinvfoiirth  of  a  mile  awiiy.     Mr.  llickoy,  a 

siiliiit  <>f  I'ortiino  Hay,  hail  his  soino  nearest  to  Uolt'H  house.     Mr,  Hickoy'H  Hoino 

jviiHtlii'  first  seino  sot  on  tlu  (!th  of  January,  1878,  and  tho  British  tlshormon  attaokeil 

I  iw  well  as  tho  Aineric:in». 

CHARLES  DAGLE. 

j!ASSACIIL'HEr!\S, 

AVsw,  as : 

OLoucESTKn,  Jiecemher  Vi,  1878. 
i'crsonally  apfieared  Charles  Uajjlo,  and  inado  oath  to  tho  triiih  of  the  above  state- 
fcii'iit.  .  I 

Helbre  nio, 
[sKAi.,1  AARON  PARSONS, 

I  Notary  I'ltblic. 

Or.oucR.STKR,  December  10,  1878. 

I,  William  G.  Poolo,  mastor  of  the  Aniorican  sohoonor.Maud  &.  EfTle,  of  Gloiiccs- 
Jer,  (111,  on  oatii,  deposn  and  say,  tliah  F  know  Mr.  Holt,  and  also  tho  location  of  his 
|nt  at  Ticklo  Hoach,  Nowfonndland  ;  that  I  was  thoro  on  tho  (ith  of  January,  1878, 
niUaw  mill  know  of  tho  operations  of  Mio  American  soinos ;  that  tho  lint  of  Mr.  Bolt  is 
|illy  l.'iO  yards  hack  from  hi^h-wator  mark  from  tho  boaeh ;  that  I  novor  hoard  or  know 
f  any  inilividual  or  body  of  men  elai>iiiii<;  any  pooiiliar  ot  particular  rights  on  *Jiis 
jeaiii,  nor  was  any  ono  over  liindonMl  from  lishinj^,  oxcopt  on  tho  occasion  of  the  <Mi 
'  laimiiry,  1878,  to  my  knowledfro ;  tlio'-e  was  no  so'iio  used  by  tho  AmericanH  at  anx 
icon  tlio  beach  or  within  '100  yards  of  .Mr.  Biilt's  hut,  oxcopt  tho  soinos  captured  by 
fcoDiitisli  tishorinon,  which  wore  hauled  on  to  tho  hnacli  by  thoin  (tho  Hritisu  tisher- 
Kii)aiiil  cut  to  pieces  and  «lestroyod. 

WILLARD  0.  POOLE. 

Issex.m:  ,  .,,.  .,'._,  .    ,  ,,, , ,.  ,.  , .  '[:-■'' i,'...y  ,  ' 

■     '   i""   :     ;  Gloitcestek,  December  11,  1878. 

IVrsonally  appeared  before  rao  the  within-naincd  Willard  G.  Poole,  who  subscribed 
|iil  made  Oj^th  that  tho  within  stateiuout  is  true. 

ADDISON  CENTER, 

Justice  of  the  Peace. 

|I,  Michael  1$.  Murray,  master  of  tho  American  schooner  Mary  M.,  of  Gloucester,  do, 
Voatli,  ilopo.se  and  say  that  I  know  Matthew  Bolt,  at  Tickle  Beach,  Newfoundland ; 
kvi  kiiiiwii  him  to  have  a  shanty  there,  and  lives  tiioro  vvintors,  for  the  past  four 
TO.  I  never  heard  or  knew  of  Mr.  Bolt  or  any  other  person  claiminjr  any  peculiar 
partiinilar  rights  on  this  boaoh,  nor  exorcising  any  authority  there,  except  tho 
Itiimof  tho  mob  on  tho  (ith  of  January,  1878.  Mr.  Bolt's  shanty  is  about  150  yards 
fniliifjli-wator  mark.  Tho  American  seines  were  operat6d  more  than  400  feet  and 
|e south  along  the  beach  from  Bolt's  hut. 

MICHAEL  B.  MURRAY, 


198 


AtLEGEt)   ODTRaGE   UPON   AMERICAN    l^lSltERMEN. 


Essex,  SB :  -s 

'  Gloucksteh,  Dece»n/.T23, 1878, 

Sworn  to  this  23d  day  of  December,  A.  D.  1878,  before  mo, 
[8KAL.]  AARON  PARSONS,  A. /. 

I,  Michael  B.  Murray,  of  Gloucester,  maHtcr  of  the  American  scbooner  Mary  M.  do 
hereby  on  oath,  depose  and  say  that  I  have  invariably  made  good  voyage,  to  Ni  wfonmil 
land,  and,  with  the  exception  of  1876,  have  made  n  clear  iirolit,  over  and  ulmvej'l 
expenses,  of  at  least  tliree  thousand  five  hundred  dollars  for  each  voyage. 

lu  the  year  1875  I  made  $r),;{00,  cUarof  all  expensa,  on  my  voyage  to  Nowfouinlhniil 
for  herring.     In  1874  I  made  $5,500  clear  of  all  expinso.  I 

In  the  year  1876  I  had  a  cargo  of  1,445  barrels  of  salted  herring ;  was  very  late  ii| 
the  season,  and  cleared  only  $2,000. 

MIClIAe^L  B.  MURRAY. 
Massachusetts,  •■.■■',■.■•''"''      v- 

Essex, ss: 

Gloucksteh,  Deremder  23,  Igli. 

Personally  appeared  Ivi.  :;.  Murray,  and  made  oath  to  the  truth  of  the  above  Btat»| 
rnent. 

Before  me.  • 

[8EAL.J  y   '■/^■;-,-, .■;;■-  ,„'■' ''  ;;''      /■''-;   aaron  parsons,  jv./^ 

■      ;V    '     V         *  '.'v.     Gloucestei?.  T-e&rKori/ 5, 187a 

I,  Peter  Smith,  of  Gloucester,  master  cf  tlie  American  schooner  Charles  (J.  Warrpt, 
of  Gloucester,  do  on  oath,  depose  and  say  that  I  was  at  Tickle  Heach,  Fortiiiip  liaj, 
Newfoundland,  on  the  6th  of  January,  1878.  That  I  had  been  to  L.ibriulor,  froij 
thence  to  Bay  of  Islands,  and  thence  to  Fortui.e  Bay,  for  a  load  of  herring.  On  ilij 
morning  ni  the  6th  of  January,  1878,  herring  made  their  appearance  in  cIoh()  pniximiti 
to  the  shore  in  great  abundance.  I  was  provided  with  two  seines  with  wiiicliti 
take  herring,  and  should  have  loaded  my  vessel  and  others  on  that  day.  I  had  mj 
seine  in  the  boat,  and  was  preparing  to  use  it  when  the  attack  was  ma<io  on  tlieotliei 
America' .  seines  and  I  saw  them  destroyed,  and  found  that  the  mob  of  two  ortlirw 
hundred  of  the  British  lishermen  wore  deterrnini'd  to  destroy  every  s<Mne,  smd  .'did 
not  dare  put  my  seine  in  the  water.  After  this  time  I  bought  of  the  British  fislierrceB 
about  400  barrels  or  herring,  paying  one  dollar  and  forty  cents  per  barrel.  My  veit*! 
would  carry  1,300  barrels,  all  of  which  I  could  have  taken  on  the  6th  of  Jaiinarj  at 
little  or  no  cost  to  myself.  I  was  about  a  fortnight  buying  400  barrels  of  licrrinj;.  l| 
consider  that  my  loss  was  at  Inist  $3,000,  in  iiddition  to  the  (xpense  of  the  voyaj;e,lij' 
the  hostile  acts  of  the  British  lishermen. 

PET]]R  SMITH. 
State  of  Massachusetts, 

Essex,  ss:        ,      r^ 

Gloucesteu,  December  M,  Irili 
Personally  appeared  Peter  Smith,  and  made  oath  to  tl)(!  truth  of  the  above  sUte 
ment  signed  by  him. 
Before  me.  ,-  ,. 

[8EAI,.]  -'  AARON  PARSONS, 

Noluni  I'ulilk. 
E. 


r»'!  M 


Official  statement  of  Xewfoinulluiid  herring  jhhery. 

I,  Fitz  J.  Babson,  colit^ctor  of  customs  for  the  distri(^t  of  Gloucester,  do  certify  tlull 
the  following-named  schooners  wore  employed  in  the  Newfoundland  licrring  tisliffll 

•luring  season  of  1877  and  1878 : 

*"  To«| 

Sch.  Herbert  M.  Rodgers -.. '•'' 

Moses  Adams 

John  W.  Bray ^^1 

Wildfire ', Ml 

Edward  E.  Webster 

Hereward 9*1 

Bunker  Hill 

Landseer 

Isaac  Rich , 

Ontario H| 

New  England... '"I 

Frank  A.  Smith , "I 


rmen. 


ALLEGED   OUTRAGE   UPON   AMERICAN   FISHERMEN. 


199 


ecetnu  ir  23, 18;,.. 
•ARSONS,  A-.  /'. 

>ouor  MaryM.,il,i 
'ago,  toNi  \vfounil.| 
vor  aiid  aliove  s!i 
'oyago. 
to  Nowfoniullandl 

was  vory  late  in  | 

L  B.  MUKRAY. 

>ec.enibcr  U!!,  Wd 
if  tlio  abovfi  8t;it(.| 

PARSONS,  A'.  /', 

Fehruarij  Ti,  18??, 
iliarlds  C.  Warren,! 
acli,  Fortiiiifi  llavj 
to  L.ibiiulor,  from  I 
fliorriii};.  Ou  ilnj 
>iii  clo8o  pi'dxiiiiitjl 
no,8  with  which  lo I 
lit  (lay.  I  liad  iii;| 
^  iniwiooii  tiicotkl 
ol)  of  two  (irtliml 
ry  8>Miio,  iiiul !  < 
vi  British  li.slicrn'.eD| 
barrel.  My  vchII 
(Jth  of  Jumiaryatl 
prols  of  hurriiij;.  l| 
1  of  the  voyajje,  liy| 

•ETER  SMITH, 

kcemher  14,  IsR 
llio  above  Btalfrl 


PARSONS, 

Noturji  I'liblk. 


ror,  do  certify  tlml 
1(1  liorring  lisiienl 

Tost  I 

-M 

Ml 

....  ti 

■ m 

...  n 
"".'.'......  n 

IMI 

Sll 

'...;  li 

....  «i| 

i 


'Sell.  Win.  E.  McDonald 98 

''      More  Castle 8U 

Bonanza lj|~ 

.Icnnio  A.  Stubba 198 

Lizzio  &  Namari 94 

Crest  of  the  Wave 71 

Moses  Kiiowi^in Ill 

MaudA.  Kflk 85 

Fred.  r.  Fryj,, • » 8;> 

MaryM - lOi 

Maud  B.  Wetberell 10^ 

C'lMiard 75 

Charles  C.  Warren - 109 

Bellerophon 1 86 

'26  veHsels.  , 

fensels  employed  during  season  of  1878  and  1879  in  Neipfoundland  fisheries.  ; 

I  Sell.  John  S.  McQninn 82 

Falcon 72 

Nev  England 8ti 

Rattier ,... H'-i 

Wild  Fir" 109 

Hunker  '.     I 101 

Isaac!  Rif^ SW 

Centeiiuial 116 

8  vessels. 


\Vitne,ss  my  band  and  seal  this  lOtli  day  of  January,  1879, 

[SKAI,.] 


F.  J.  BABSON, 

Collector. 


.      ^  ;  lAppendlxB,  No.  347.1  ., 

Mt ,  Pew  to  Mr.  Evaris. 

Gloucester,  Mass.,  March  7,  1878. 

Sik:  We  herewith  send  to  your  department  our  claim  for  loss  8r.stained  by  us 
[tiiroiijjli  the  destruction  of  the  seines  of  the  American  lishing  schooners  Ontario  and 
|Kew  England  belonging  to  us. 

The  particulars  are  fully  sot  forth  in  said  claim  and  the  affidavits  of  the  masters 
l&m\  crews  of  said  schooners. 

We  earnestly  hope  that  the  Oovornmout  of  the  United  States  will  take  such  action 
I  ill  the  jireniises  as  will  secure  to  American  vessol-owners,  their  masters  and  crews,  the 
|Tij,'ht  to  fish  iii  British  waters,  granted  theta  by  the  treaties  of  Great  Britain  with  the 
[Uulteil  States.  I^,  is  a  matter  of  j;rt!at  importance  to  tho  fishing  interest  of  Now 
jKiigiand,  and  especially  to  tho  jieoplo  of  Gloucester.  We  are  not  safe  in  sanding  ves- 
lai'lH  to  fisii  in  British  waters,  and  tlwrefoie  tho  rights  granted  to  |our  people  uy  tho 
jWaf^hington  Treaty  are  of  little  value,  while  tho  rights  granted  by  the  United  States 
[to  the  suhjocts  of  Great  Britain  to  bring  fish  to  our  Miarkets  free  of  duty  is  a  gi'oat 
jiliiuiago  to  our  fisheries  and  of  great  value  to  the  p«'„iplo  of  the  British  provincets. 

With  the  fullest  confidence  that  our  application  will  receive  duo  consideration, 
We  are,  &c., 

JOHN  PEW  &  SON. 

„  P.  S.--Wo  also  inclosp  you  two  printed  copies  of  our  petition  ctxA  accompanying 
lafiidavits,  thinking  they  may  bo  a  convenience  to  you. — J.  P.  &  S. 

|To  the  honorable  William  M.  Evaiit.s, 

Secretary  of  State : 
Rcspcntfiilly  ropreseut  John  Pew,  Charles  II.  Pew,  and  John  J.  Pew,  ull  of  Q'.  jUcoh- 
pr,  county  of  Essex,  and  conunon'.vealt''i  of  Mas.sno'uxsetts,  copartners  under  tlioiirm 
Titylo  of  John  Pew  &  Son,  that  they  are  American  .itizens,  anu  engaged  ij  the  fishing 
pusiocsa  at  said  Gloucester,  and  were  and  are  owners  and  fitters  of  fishing  vojwela. 
That  they  are  the  sole  ownors  of  the  American  fishing  schooners  Ontario  oud  Kew 
EDgland,  of  said  Gloucester,  and  were  such  ownors  in  tho  Louths  of  November, 
Decemher,  aud  January  last  past. 


200 


ALLEGED   OtITRAGE    UPON   AMEUtCAN   l^IRllERMEN. 


That  both  of  said  schoonorH  worn  fitted  for  tho  horriiifj  fishorips  in  the  iiiniitluif 
Noveriiber,  lri7V,  and  for  voyages  to  Nowfouudlaud,  and  provid  d  with  seines  for  cairli. 
jng  herring.  That  said  schooner  Ontario,  whereof  Peter  McAulay  was  master,  Huileil 
on  tlie  first  day  of  December,  1877,  from  said  Gloucester,  and  tlie  said  schooner  New 
England,  whereof  John  Dago  was  njastor,  on  the  twenty-eighth  day  of  Novombfr, 
1877  ,  that  both  schooners  had  a  full  supx)ly  of  men  and  ontlits  for  said  voyage.  Tliai 
said  schooner  Ontario,  when  she  sailed  from  said  Gloucester  on  said  voyage,  witliLcr 
outfits  and  seine,  was  worth  the  sum.  of  seventy-live  hundred  dollars  ;  and  tho  said 
ISow  England,  with  her  outfits  and  seine,  was  then  and  thei-o  of  tho  value  of  eiglity. 
five  hundred  doUiirs.  Th!;t  said  schooners  both  returned  to  said  Gloucester  from  said 
voyage,  on  the  seventeenth  day  of  February,  without  any  herring,  except  that  tin 
said  Ontario  had  about  fifty  barrels  purchasf  d  by  her. 

And  we  further  represent  that  we  aro  inibrmed  by  the  masters  and  crows  of  said 
schooners,  and  believe  the  same  to  bo  true,  that  the  reason  why  they  returned  without 
any  herring  and  made  disastrous  voyages  is  that  they  arrived  at  Long  Ilarhor,  Fur 
tune  Hiiy,  Newfoniidland,  on  or  about  "iho  sixteenth  day  of  Decend)er,  lo77,  and  inuiid 
herring  scarce,  and  were  unable  to  rovain  any  considerable  quantity  of  herring,  and 
that  the  masters  and  crews  of  said  schooners  waited  at  said  Long  liarbor  until  tlie 
sixth  day  of  January,  1878,  to  catch  or  i)urchaae  herring,  as  they  might  be  able  to  dn; 
that  on  said  sixth  day  of  said  January,  "  the  signs  for  herring  l)eing  good,"  the  mas- 
ters and  crews  of  both  of  said  schooners  joined  their  purse  seines,  thereby  milking  ,i 
double  seine,  which  was  of  tho  value  of  at  least  fourteen  hundred  <lollars,  and  niakinj 
a  seine  of  about  twenty-four  hundred  feet  long  .and  one  hundred  and  fifty  feet  (lee|i; 
that  the  masters  and  crews  of  said  f  'hoonors  threw  said  double  seine  i.t  said  Loni; 
Harbor  and  caught  and  secured  ther.  in  a  very  large  quantity  of  herring,  anioiuitiiii; 
u»  at  least  two  thousand  barrels  of  horrirg  and  more  than  suflicient  to  load  botini: 
aaid  schooners. 

That  at  abnut  four  o'^elockof  said  sixth  day  of  said  January  some  two  hundred  men, 
who  belonged  about  Fortune  Bay  and  had  goi;e  ashore  from  English  vessels  in  said 
Ijong  Harbor,  made  a  war-like  demonstration  against  the  masters  and  crows  of  said 
schooners  and  seized  hold  of  sai(i  double  seine,  tore  it  in  jdeces,  and  carried  it  oil',  and 
thereby  freed  all  of  said  herring  -ind  prevented  the  masters  and  crews  of  said  schooners 
from  obtaining  them,  and  thereby  destroyed  all  liopo  of  their  obtaining  a  cargo  for 
either  of  said  vessels.  That  of  said  two  hundred  men  some  sixty  took  hold  of  said 
seine  .and  destroyed  it,  and  tho  others  were  participating  in  tho  destruction  of  tlif 
seine  by  inciting  and  encouraging  those  who  were  destroying  it. 

That  the  masters  and  crews  of  said  schooners  were  pursuing  their  business  of  ciitcii- 
ing  herring  at  said  Fortune  ]3ay  in  a  lawful  manner,  and  were  not  in  any  manner nr 
form  interf«!ring  with  the  rights  of  any  par*;y  or  parties  at  said  Newfoundland,  and 
that  tho  action  of  said  parties  in  destroying  said  seine  was  a  most  wanton  destruction 
of  the  property  of  said  firm,  and  was  without  tho  least  justification  in  law  or  good  eon- 
science,  and  w.as  intended  to  bo  a  war-like  denuuistration  against  the  American  vessels, 
their  owners,  nuistors,  and  crews,  and  to  intimidat(»  them  and  prevent  them  from  pros- 
ecuting tho  herring  fisheries  in  the  w.aters  of  Newfoundland  by  catching  herring,  and 
thereby  compel  themtobuy  herringof  the  iidiabitantsofNr  wfoundlaud,  if  they  would 
obtain  them,  at  such  prices  as  said  people  of  Newfoundland  might  ask  for  them.  That 
all  the  American  vessels  at  said  Newfoundland  on  said  sixthday  of  said  J.anuary  were 
from  said  Gloucester  and  were  there  for  herring,  and  among  them  were  tho  schooners 
Moses  Adams,  Herbert  M.  Rogers,  John  W.  Bray,  F.  A.  Smith,  Hereward,  William  K. 
McDonald,  Moro  Castle,  Ed.  E  Webster,  Bonanza,  Wildfire,  Ibmker  Hill,  and  Isaac 
Rich.  That  said  schooners  Ontario  and  New  Eiiglang  were,  by  reason  of  the  dcstrnc- 
tion  of  said  seine  and  tho  freeing  of  tho  herring  therein,  wore  both  prevented  from  ob- 
taining cargoes  for  s.aid  schooners. 

That  after  tho  destruction  of  said  seino,  .as  above  set  forth,  the  said  parties  who  had 
destroyed  tho  same  returned  to  their  ves'-t^ls,  ,atul  on  the  evening  thereafter,  to  wit, on 
the  ovoning  of  the  sixth  d.ay  of  said  January,  they  made  a  jubilant  demonstration,  l)lo«'- 
ing  horns,  firing  guns,  and  shouting,  .as  if  celebr.atiug  a  victory,  to  impress  upon  tho 
masters  and  crews  of  tho  American  vessels  in  said  harbor  that  they  were  prepiireil  to 
Ktand  by  and  justify  wlmt  had  been  done,  aiul  that  tho  Ameriears  might  expect  tol«^ 
treated  in  future  in  the  same  manner  should  they  attiunpt  to  catch  herring  in  Nev- 
foundland  waters. 

And  wo  furtlu^r  resitectfnlly  represent  that  in  view  of  tho  treatmtuit  <.f  the  Anieiioan 
tishermen  by  the  British  subjects  at  said  Ncnvfoundland,  it  is  wholly  unsafe  for  Ameri- 
can vessel  owners  to  fit  vessels  for  and  send  thiiii  to  Newfoundland  waters  to  eatHi 
herring,  and  that  it  is  unsafe  for  Anu^rican  fishermen  to  attempt  to  catch  fish  inssiiil 
waters,  and  that  the  demonstration  against  tlu;  American  fish  ing- vess(d  owners,  mas 
ters,  .and  crews  is  of  such  a  chnraeier  asto  make  it  a  i>ublic  violation  of  the  riglit»"f 
the  citizens  of  tho  United  States  wishing  to  catch  herring  and  attempting  t"  citfli 
herring  there.  That  the  loss  to  the  said  firm  by  reason  of  tho  war-like  demoustratinn 
of  the  people  of  Newfoundland  horeiu  before  sot  forth,  and  the  destruction  of  said 


iMEN. 


AtLEQEt)   6UtRA0E   UPOf^  AMERICAIJ   1"*IS11ERME1N.  201 


1  in  tlie  ninntliof 
li  HcineHlorciitrli. 
^as  luasttT,  sailtil 
iiid  Bchooiicr  Kew 
lay  of  Ni)voinWr, 
aid  voyagt).  That 
voyngo,  wltli  Ln 
lars ;  and  fho  saiil 
o  valiio  of  ciglity. 
oucester  from  saiil 
;,  except  tiiiittlii; 

an.T  crews  of  Naiil 
'  returned  witlinnt 
Long  Harbor,  Fur- 
',r,  lo77,  and  found 
ty  of  herring,  and 
;  ii arbor  until  tlic 
iylit  boabl(i  to  (In; 
ig  jrood,"  till)  mas- 
thereby  niiikin^'a 
olhira,  and  inaVinc 
md  tifty  fiict  dw'ii; 
leine  ut  said  Long 
icrring,  anioinitinj; 
nt  to  load  botiiu: 

itwo  hnndnMlmoii, 
;li8h  vesstds  in  said 
}  and  urows  of  said 
d  carried  it  oil',  and 
ysof  saidschoonen 
itaining  a  cargo  fur 
y  took  hold  of  saiil 
destruction  of  tlic 

T  business  of  catch- 

t  in  any  nianueror 

'Newfoundland,  and 

vantou  destruction 

inlaw  or  good  con- 

e  American  vessels, 

nit  them  from  pron- 

:,ching  herring,  and 

land,  if  they  would 

isk  for  them.    That 

said  January  were 

were  the  schooners 

jeward,  William  K, 

er  Hill,  and  Isaac 

>son  of  the  destruo- 

irevented  from  ob- 

lid  parties  who  had 
lereafter,  to  wit, mi 
linon8tration,lil"«- 
impress  njion  tlio 
were  pnjparcil  te 
Jniight  expect  tohf 
111  herring  in  N'^v- 

|nt  of  the  American 
unsafe  for  Ameri- 
lul  waters  to  eateli 
Jo  catch  tlsh  in  said 
lessi'l  owners,  iii» 
Ion  of  the  rigliis"!  I 
temptiug  to  catch 
like  dcnionstratioii 
loatrnotion  of  said 


seino  in  the  voyages  of  said  two  schooners  Ontario  and  Kow  England,  am(funts  to  all 
least  tlio  sum  of  six)"  seveu  hundred  dollars. 

Ill  vcrilication  of  the  facts  herein  set  forth,  wo  beg  lea\e  to  refer  to  the  atBdavits 
of  thu  masters  and  crews  of  both  of  said  schooners  Ontario  and  Now  England  herewith 

"'  Wherefore,  we  respectfully  ask  that  your  Department  will  cause  our  said  damage  to 
lio  paid  by  the  British  (jovernmeiit,  and  such  action  to  bo  taken  as  will  secure  to 
American  shipowners  and  fishermen  the  rights  to  which  they  are  justly  and  h-gaily 
entitled  by  the  laws  and  treaties  of  the  United  Stales. 
And  as  iu  duty  bound  will  ever  pay. 
^  .JOHN  PEW, 

.      .  ♦  CHAllLES  H.  PEW, 

V         '  •  JOHN  J.  PEW. 

COMMONWBALTH  OP  MASSACHUSETTS, 

Essex  County,  ss  : 

Ou  the  fourth  day  of  March,  in  the  year  of  our  Loid  one  thousand  eight  hundred  and 
seveutv-oight,  before  mo  personally  appeared  John  Pew,  Charles  H.  Pew,  and  John  J. 
I'ow  c'oimrtners,  and  made  oath  that  they  have  read  the  afT'davit  herelo  aniiexe.il, 
suhs'cribed  by  them,  and  know  the  conteuts  thereof,  and  that  the  same  is  true,  of  their 
offu  knowledge  except  as  to  matters  which  are  therein  stated  to  boon  their  iuforma- 
tion  and  belief,  and  as  to  those  matters  they  believe  them  to  bo  true. 

Itefore  nie. 

[SKAL.]  SUMNER  U.  YORK, 

,    .     ,  •  I  Notary  I'lihlio. 

I  Peter  McAnlay,  of  Gloucester,  county  of  Essex  ami  Commonwealth  of  Massachu- 
setts, master  mariner,  on  oath,  depose  and  say  th.aton  the  (irst  day  of  Decemlier,  A.  1)., 
!877, 1  was  ni.aster  ef  the  lishing  8chr)oner  Ontario  of  said  Gloueesier,  of  the  burthen  of 
ninetv-one  tons  and  twiuity-nine  Diie  hundredths,  and  on  said  first  day  of  said  Decem- 
hiul  sailed  on  a  voyage  fromsaid  Gloucester  to  Fortune  ]$ay,  on  the  sonthwest  of  New- 
I'lHinill md,  for  a  cargo  of  herring,  and  back  to  same  port  of  discharge  in  the  Uniltid 
States;  that  said  schooner  Ontario  was  fully  fitted  for  said  voyage,  and  had  on  board 
I  a  mate  and  five  men,  making  iu  all  seven  men  ;  that  I  arrived  witli  said  schooner  on 
said  voyage  at  Fortune  Hay,  Long  H.arbor,  about  the  sixteenth  day  of  said  December ; 
I  that  1  found  herring  very  scarce,  and  U])  to  the  sixth  day  of  January,  A.  1).  I87rt,  had 
I  not  lieen  aide  to  obtain,  by  purchase  or  otherwise,  more  than  fifty  b.irrels  of  herring. 

Tliiiton  the  sixth  day  of  said  January,  there  being  '•  good  signs  for  iierring,"aiid  the 
I  schooner  New  England,  of  said  Gloucester,  lieing  a  fishing  scbooner  from  said  Glouces- 
ter, and  provided  with  seine,  which  said  schooner  b(donged  to  the  firm  of  .lohn  Pew  «fc 
Son,  of  said  Gloucester,  the  same  parties  to  whom  the  s.iid  Ontario  belonged,  thomas- 
I  tms  and  crews  of  both  of  said  schooners  threw  the  said  seiuo  to  catch  herring  to  load 
1  both  oi'said  schooners. 

That  said  seine,  ou  being  thrown,  took  a  large  haul  of  herring,  amounting,  at  least, 

I  to  two  thousand  b.arrels  of  herring,  and  more  than  siifliciont  to  load  boili  of  said 

schooners.    That  said  herring  being  fully  secured  iu  said  seine,  and  said  schooners  and 

1  sail!  seine  being  at  sai(i  Long  Harbor,  this  afliant  saw  about  two  hundrcMl  men  on  the 

shore  at  about  fonr  o'clock  in  the  afternoon  of  said  sixth  day  of  siiid  January,  while 

[thiis.'ino  was  in  charge  of  the  masters  and  crews  of  said  schooners  Ontario  and  Niiw 

,  Kngiand,  make  an  attack  upon  said  seino  in  a  most  violent  manner,  and  tear  up  and 

(carry  otV  the  seine,  and  thereby  let  the  herring  out  of  said  seino,  and  ])reventthe  nias- 

Itersand  erows  of  said  schooners  from  obtaining  any  of  said  herring.     That  tlit!  men 

who  made  said  attack  upon  aiul  destroyed  said  seine  prevented  the  inasters  and  crews 

of  said  schooners  from  protecting  said  seino,  and  some  sixty  of  said  two  hundriMl  men 

1  took  hold  of  said  soine  while  all  the  rest  of  them  wore  inciting  and  ciieouraging  those 

[who  had  hold  of  said  seine  and  were  destroying  it.     That  the  said  men  so  destroying 

[saiil  seine  and  inciting  those  destroying  it  used  throats  and  violence  towards  both  the 

[masters  and  crews  of  said  schooners  and  fully  overpowered  them,  so  that  they  ^joiihl 

jnot  protect  said  seine  and  save  tho  herring  therein.    That  most  of  said  two  hundred 

Lmeii  landed  from  boats  in  tho  said  biiy,  and  were  Jiicu  belonging  in  and  abo<it  said 

[Fortune  Hay.    That  said  men  who  made  said  attack  upon  said  seine  and  destroyed  the 

[same  had  been  fishing  with  ne^s  during  the  day  and  wiih  seines  in  tho  same  neigh- 

jhcrhood,  and  liad  tak(Mi  quite  a  large  quantity  of  herring. 

And  this  afliant  further  says  that  both  he  and  his  crew  and  tho  master  and  crew  of 
lllm  schooner  New  England  were  pursuing  their  business  in  apeaoffiil  and  lawful  man- 
liier,  and  were  not  interfering  in  any  juanner  or  form  with  tho  rights  of  any  i>arty  'it 
iHaid  Xewloi'.ndland.  That  tlie  attack  upon  said  seine  by  said  persons  fnun  tlie  shore  if 
IFortnne  Hay  was  wholly  without  justification  or  excuse,  and  was  a  warlike  demon 
iKlrationagiinst  the  American  vessels  tln!re,  which  anuiunted  to  some  fifteen  in  numfier. 
laml  were  all  from  the  said  jiort  of  GloiKjester,  .imong  which  were  the  schooi-ers  F.  A. 
|Sinitli,  Muses  Adams,  Horeward,  William  E.  McD<mald,  Moro  Castle,  Ed.  E.  Wehsfer, 
jDouanza,  Wildfire,  Horuerfc  M.  Rogers,  Bunker  Hill,  Isaac  Rich,  and  John  W.  Bray, 


so^ 


ALLEGED   OltTRAaE   UfON  AMERICAN   FISHERMEN. 


Tbat  this  aflBant  believes  that  tlio  only  reason  of  said  attack  and  demonstration  bj 
the  said  persons  from  the  shore  was  to  intimidate  the  American  fishermen  there  anil 
to  prevent  them  from  catching  herring,  so  that  the  said  parties  on  the  shore  of  New- 
foundland might  sell  herrius;  to  the  vesselc  from  the  United  States  at  a  high  price  and 
keep  tha  whole  control  of  the  herring  fisheries  in  their  hands,  and  wholly  donrivetho 
citizens  of  the  United  States  from  prosecuting  said  fisheries  at  Newfoundland  or  ob- 
taining the  herring  theio  in  any  other  manner  than  by  pnrcha.so. 

This  affiant  believes  that  it  is  wholly  unsafe  for  American  vessels  to  catch  liorriuff 
in  the  Newfoundland  waters;  that  the  p^>,ople  of  Newfoundland  are  belligerent  anil 
threatening  in  their  treatment  of  American  fishermen,  and  seem  determined  to  prevent 
them  from  prosecuting  their  business  in  Newfoundland  waters  in  any  manner  whieli 
is  not  satisfactory  to  the  inhabitants  thereoL  Tliat  this  affiant,  had  ho  not  been 
«leprived  of  his  herring  in  said  seine,  would  nave  loaded  his  said  schooner  Ontario 
with  herring  and  returned  to  Gloucester  by  about  the  twenty- fifth  of  January  last 
past  and  made  a  successful  voyage,  but,  by  reason  of  the  destruction  of  saidseinoanc' 
the  losing  of  the  herring  therein,  he  was  wholly  prevented  from  getting  any  herrinj;, 
and  obliged  to  return  to  Gloucester  in  ballast,  except  fifty  barrels  of  herring  which  be 
purchased  and  was  unable  to  purchase  more,  making  thereby  a  disastrous  instead  of 
a  prolitablo  voyage.  And  this  affiant  says  that  all  lie  has  said  with  reference  to  the 
schooner  Ontario  is  also  true  of  his  personal  knowledge  of  the  said  .  chooner  New 
England,  of  which  John  Dago  was  master,  both  schooners  arriving  at  Fortune  Bay 
on  the  same  day,  and  arrived  from  said  voyage  at  Gloucester  on  the  same  day,  ami 
were  to  act  together  and  did  act  together  in  endeavors  to  obtain  cargoes  for  said 
schooners,  and  were  both  affected  alike  by  the  destruction  of  said  seine  and  tlio  Iohh 
of  the  herring  in  the  sanie  at  the  time  it  was  destroyed,  as  above  set  forth. 

And  this  affiant  further  says  that  on  the  evening  of  the  said  sixth  day  of  said 
January,  after  the  de.struction  of  said  seine,  the  parties  who  destroyed  it  retnriit'ilto 
their  vessels  in  said  harbor  and  made  a  jubilant  <lemonstration,  tiring  guns,  blowing 
horns,  and  shouting  as  if  celebrating  a  victory,  to  impress  upon  the  masters  and 
crews  of  the  American  ve.ssels  at  sai<l  harbor  that  they  were  prepared  to  stand  by 
and  justify  what  had  been  done,  and  that  the  Americans  might  expect  to  be  treated 
in  future  in  the  same  manner  should  they  attempt  to  catch  herring  in  the  Newfound- 
land waters. 

;        '  ■;,      PETER  McAULAY. 

COMMONWKALTII   OF   MASSACIIOSETTS,  .;     ,,  ,       ,.;:: 

Essex,  8s:  • 

Oloucestrr,  Fehrnarij  21, 1878. 

Sabfjciibed  and  sworn  to  this  twenty-first  day  of  February,  A.  D.  1878. 

Kefore  me,    , 

[SKAL.]  SUMNER  D.  YORK, 

"•:,_'.  ■  .,   '     ■  ,  0 ,  ,^''.\i^,  '.',:  ..'..:■.;'-  Notary  I'uhlic 

We,  Allen  McDonald,  Daniel  Tucker,  Peter  McKiunnn,  Charles  McNeil,  and  llobcrt 
McDonald,  all  of  Gloucester,  in  the  county  of  Essex,  and  comnu)uwealtii  of  Massa- 
chusetts, late  mariners  on  board  the  fishing  schooner  Ontario,  of  said  Gloucester,  an 
American  vessel  lielonging  to  John  Pow  &  Sou,  of  said  Gloucester,  whereof  Poti't 
McAul.ay  was  and  is  master,  on  oath,  depose  and  say : 

That  we  sailed  from  said  Gloucester  about  the  first  day  of  December,  eighteen 
hundred  and  seventy-seven,  to  Newfoundland,  for  herring,  ao<l  back  to  a  port  of  dis- 
charge in  the  United  States;  that  wo  arrived  at  Newfoundland  at  a  place  called  j 
Long  Harbor,  Fortune  Buy,  about  the  sixtee.ith  day  of  December,  eighteen  hundred 
and  seventy-seven ;  that  on  the  sixth  day  of  January  the  seine  belonging  to  tbe  ] 
American  fishing  schooner  New  England  was  thrown  at  said  Long  Harbor  by  tiic 
master  and  crew  of  said  schooner  Ontario  and  the  master  and  crew  of  said  schooner  I 
New  England,  acting  together,  and  a  large  quantity  of  herring  were  then  and  there 
secured  in  said  seine.    That  the  affidavit  of  Peter  McAulay,  this  day  taken  at  said  I 
Gloucester,  before  Sumner  D.  York,  a  notary  public,  relative  to  the  destruction  of  j 
said  seine  at  Long  Harbor,  on  said  sixth  day  of  January,  by  the  people  of  Newfound- 
land, has  been  read  to  us,  and  the  mode  and  manner  of  the  destruction  of  saiil  mm, 
and  the  conduct  of  the  parties  at  the  time  of  destroying  it  and  afterwards,  and  lliH 
inability  of  the  masters  of  said  schooners  toobtainherringatNinvfoundland  afterthe] 
destruction  of  said  seine,  are  correctly  set  forth  in  said  affidavit  of  said  McAnlay. 

ALLEN  McDonald. 

^  IliH 

DANIEL  -f   TUCKER. 

in.ark. 
PETER  McKINNON. 

l.iH 

ROHERT  -4  McDonald 

ninrk. 
Witness  to  all  the  siguaturos,  CHARLES  McNEIL. 

fSKAL.}  SlIM.VKR  D.   YoHK, 


lEN. 


ALLKOfcD   OlifliAOK    lil'ON   A\iKRICAN    FISltERMEN. 


203 


5mon8tration  bj 
>rmeu  tbcro  ami 
le  shore  of  Now- 
a liigli  piice and 
u)lly  ilonrivetbo 
bundlaail  or  ol). 

to  catcli  liorriuj! 
a  belligerent  ami 
mined  to  prevent 
ly  milliner  wliicli 
jad  bo  not  been 
schooner  Ontario 
li  of  Jaunary  last 
1  of  KaidBeinonm' 
ting  any  berrins, 
herring  which  be 
astrous  instead  ot 
1  reference  to  the 
M  ,  chooner  New 
r  at  Fortnne  Bay 
lie  siiino  day,  ami 
i  cargoes  for  said 
seine  and  tlm  \m 
,t  forth. 

iiixth  day  of  said 
yed  it  retnriicil  to 
ing  gnns,  hlowin;; 
the  masters  and 
pared  to  stand  by 
:pect  to  be  treated 
;  in  the  Newfound- 

'ER  McAlJLAY. 


fehruarij  21, 1^8, 
I.  1878. 

D.  YORK, 
Xotary  I'nhlic. 

■XeLl,  and  Uobcrt 
1  weal  til  of  Massa- 
aid  Gloneester,  an 
;or,  wiiereof  Poter 

;C(Miibor,  eij,'liteeii 
k  to  a  port  of  (lis- 
at  a  place  called 
.dghtcen  hundred 

bolongini?  to  the  | 

g  Harbor  by  the 
."^of  saidsohooner 
;ro  then  and  tliew 
Jay  taken  at  said 
;ho  destruction  of 
ople  of  Newfound- 

tion  of  said  seine, 
t(!rward8,  and  ll)<^ 

,nudlandartorthe| 

said  McAulay. 
cDONALD. 

f   TTICKKU. 

ark. 

:;KINNON. 

1+  McDONAbP 
larU. 
McNEIL. 


Commonwealth  of  Mashaciiusetts, 

Essex,  88  : 

Gloucester,  February  21,  1873. 
Snb8crii)ed  and  sworn  to  before  ine  by  the  above-named  Allen  McDonald,  Daniel 
Tucker  Peter  McKinuon,  Robert  McDonald,  and  Charles  McNeil. 

'  SUMNER  D.  YORK, 

Notary  riihlic. 

I  John  Dago,  of  Gloucester,  county  of  Essex,  and  commonwealth  of  Massachusetts, 
iMUster-mariner,  ou  oath,  depose  and  say  that  I  was  master  of  the  fishiug-schooner 
NevvEiiulaiul,  of  said  Gloucester,  of  eighty-six  tons  burthen  or  thereabouts,  belonging 
Id.ldhnl'ew  &.  Son,  of  said  Gloucester,  on  the  twenty-eighth  day  of  November  last 
iiast,  and  as  master  sailed  with  said  schooner  on  said  day  on  a  voyage  to  Newfound- 
land', for  herring,  and  back  to  a  market  in  the  United  States;  that  her  crew  consisted 
lif  seven  men  all  told,  including  the  master;  that  she  arrived  at  Fortune  Bay,  New- 
loiiiKllaiKl,  about  the  sixteenth  day  of  December,  A.  D.  1877  ;  tbattho  schooner  Ontario, 
(ilsaid  Gloucester,  belongi-ng  to  said  firm  of  John  Pew  «fe  Son,  whereof  Peter  McAulay 
was  then  and  there  master,  arrived  ou  the  same  day  ;  that  1  had  a  seine  for  catching 
herring  for  the- purpose  of  loading  both  of  said  schooners,  and  the  master  and  crows  of 
said  schooners  were  to  act  in  company  in  loading  said  schooners,  and  said  schooners 
were  near  each  other  in  said  Fortune  Bay  at  Long  Harbor. 

1  further  depose  and  say  that  I  have  read  the  alBdavit  of  said  McAulay  slating  the 
j'acts  relative  to  the  destruction  of  said  seino  by  the  people  at  said  Fortune  Bay,  com- 
ing  from  the  shore,  and  tho  loss  of  the  herring  in  said  seine  at  the  time  of  its  destruc- 
tion, which  amounted  to  at  least  '2,(100  barrtds,  which  were  fully  secured  in  said  seine 
at  thi  time  of  its  destruction,  and  all  1  he  facts  in  said  affidavit  relating  to  the  destruc- 
tion of  said  seine,  tho  mode  and  manner  in  which  it  was  done,  and  the  conduct  of  tho 
)ieoplo  who  destroyed  it,  at  tho  time  and  after  it  was  destroyed,  and  tho  loss  of  tho 
voyages  of  both  of  said  schooners,  and  the  belligerent  spirit  manifested  by  tho  people 
of  Newfoundland  towards  American  iishormen,  and  the  danger  to  them  of  attempting 
tDeatehlisli  in  Newfoundland  water.s,  together  with  all  the  other  facts  sot  forth  therein, 
are  to  my  persmiiil  knowledge  true,  except  as  to  the  time  of  the  sailing  of  tho  saiil 
schooner  Ontario  from  Gloucester,  sUo  not  having  sailed  from  Gloucester  on  the  twenty- 
eii'hth  day  of  November,  1877.      «■   •'  ''  ; ,' 

JOHN  DAGO. 

COMMOXWEALTTI  OF   MASSACHUSETTS, 

Essex,  8s: 
Snhacribed  and  sworn  to  this  twenty-first  day  of  February,  A.  D.  1878,  before  me. 
LsKAL.]  SUMNER  D.  YORK. 

Wo,  Fred.  Morin,  .Joseph  Gray,  Fred.  Hall,  Peter  Forrest,  Alex.  D.  Bushoo,  Edward 
Phelaii,  all  of  Gloucester,  county  of  Essex,  and  commonwealth  of  Massachusetts,  on 
oath,  depose  and  say: 

That  we  belong  to  tho  crew  of  tho  American  schooner  New  England,  belonging  to 
Jdlui  Pew  iV,  Son,  of  said  Gloucester,  whereof  John  Dago  was  master,  on  her  Lite 
voyage  from  said  Gloucester  to  Newfoundland,  for  herring.    That  wo  sailed  from  said 
GloHoester  about  tho  28th  day  of  November,  1877,  and  arrived  at  Long  Harbor,  l'\)r- 
tnnc  Bay,  about  the  sixteenth  day  of  December,  1877.    That  on  the  sixth  day  of  .Jan- 
nary  the  seine  belonging  to  the  said  schooner  New  England  was  thrown  at  said  Long 
Harbor  by  tho  master  of  said  schooner  and  the  m.astcr  of  tho  schooner  Ontario, 
I  "f  said  Gloucester,  and  tho  crews  of  said  schooners,  and  a  largo  (luantity  of  herring 
[  seeured  in  said  seine.     That  the  afiidavit  of  Peter  McAulay  relative  to  the  destruction 
I  "fsaidseineat  Long  Harbor  on  said  sixth  d.iy  of  said  .January  by  tho  people  from  Now- 
i  fonndland,  and  the  mode  and  manner  of  the  destruction  of  said  seine,  and  tho  conduct 
I  (if  the  parties  iit  the  time  of  destroying  it  and  afterwai'ds,  and  tho  inabilit''  of  the 
I  iM:istersof  said  schooners  to  obtain  berriug  at  said  Newfoundland  after  the  destruction 
"I  said  seine  are  correctly  set  forth  in  said  affidavit  of  siiid  McAulay,  taken  this  day 
I  lii'fore Sumner  D.  York,  ,a  notary  public,  which  has  been  read  to  us.     And  wo  do  hereby 
lyeniilirm  tho  statements  inado  by  him  in  said  aflidavit  in  all  particulars  except  as 
[  ti)  'be  day  when  be  left  said  Gloucester  on  said  voyage,  which  is  unknown  to  us.     Tho 
Uaiil  s(  hooner  Ontario  diil  not  leave  said  port  of  Gloucester  until  after  said  schooner 
[New  England  sailed  on  said  vovage. 

PETER  FORREST. 
ALEX.  D.  BUSHEE. 
FRED.  MORIN. 
EDW'D  IMIELAN. 
.JOSEPH  GRAY. 
FRED.  HALL. 


204 


ALLEGED   OUTRAaE   IJPON   AMERICAN   i-'lSHERME^f. 


Commonwealth  op  Massachusetts, 

County  of  Essex,  ss,  city  of  Gloucester : 

On  this  2M  day  of  FeUruary,  A.  D.  1878,  pcrsotially  appeared  Alox.  D.  BiiHbee,  Fred. 
Morin,  Edw'd  Pbelan,  Joseph  Gray,  and  Fred.  Hall,  and  were  sovorally  sworn  t^  Uio 
trntb  of  the  foregoing  statement  by  them  subscribed  before  me. 

[8KAL.]  CYRUS  STORY, 

,  Notary  Public. 


Document  No.  11. 


Mr.  Welsh  to  Mr.  EvarU. 


No.  347.] 


Legation  of  titk  United  States, 
London,  August  13, 1870.    (Received  August  li8.) 

Sir  :  I  have  the  lionor  to  acknowledge  the  receipt  of  your  most  impor- 
tant dispatch  No.  34  of  the  1st  instsint,  containing  the  statement  of  tbe 
claims  of  the  owners  of  twenty-two  fishing  vessels  for  loss  and  damage 
arising  from  the  conduct  of  certain  inhabitants  of  Newfoundland,  at 
Fortune  Bay,  in  January,  1878. 

As  this  instruction  did  not  arrive  until  yesterday,  and  as  I  am  to  pre- 
sent my  letter  of  recall  to  Her  Ma-jesty  to-morrow,  I  have  no  time  to 
embody  its  statements  and  arguments  in  a  separate  note  to  Lonl  Salis 
bury.  I  think,  besides,  that  it  is  so  full,  clear,  and  convincing  in  its 
present  shape  that  1  should  weaken  its  force  by  changing  its  form. 

I  have  taken  the  liberty,  therefore,  to  send  a  copy  of  it  to-day  to  Lord 
Salisbury  with  a  note,  of  which  I  inclose  a  transcript. 

As  the  details  of  the  losses  contained  in  the  printed  pamphlet  wbicli 
accompanied  your  instruction  appeared  to  me  to  be  important,  and  as 
there  was  not  suflticient  time  to  copy  them,  I  have  sent  the  appendix  to 
the  pamphlet,  and  also  the  original  account  of  the  owners  of  the  New 
England  and  Ontario,  to  his  lordship  for  his  information,  with  a  request 
that  he  should  return  them  to  this  legation  at  his  entire  convenience.  I 
think  it  desirable  that  additional  copies  of  these  papers  should  be  fur 
nished  to  ns  by  the  Department  of  State. 

I  have  to  add  that  1  have  also  this  day  sent  to  Lord  Salisbury  tlio 
statement  of  a  claim  for  damages  on  behalf  of  the  owners  of  the  schooner 
Mist,  agreeably  to  your  in.struction,  No.  34G,  of  the  1st  instant. 
I  have,  &c. 

"       *  JOHN  WELSH. 


i     ■-■  I   ?r  i  rf-  [IncloBnre  with  Ko.  347.] 

'*'  '  '         '■     Mr.  Welsh  to  tM  Marquis  of  Salisbury 

,,  ■^.■.-;i>,j  „         V,.--;,    ..v.;,  ,  ; 

Legation  of  thk  TTnitrd  States, 

London,  August  111,  1870. 
Mt  Lord  :  I  have  just  received  a  very  inipurtant  dispatch  from  Mr.  Evarts,  Htatinj! 
the  claims  for  damages,  amounting  to  $105,;J0f>.0a,  sustaiiiud  by  certain  citizens  of  the 
United  States,  owners  of  twenty-two  vessels,  in  Fortune  Hay,  Newfoundland,  in  tlin 
mouth  of  January,  1878,  which  claims  have  already  formed  the  subjects  of  a  provimis 
correspondence  with  your  lordship. 

As  the  argument  for  the  payment  of  those  by  Her  Majesty's  Government  is  proscntc'l 
by  Mr.  Evarts  in  a  very  full,  clear,  and  forcible  manner,  I  have  thought  it  prDptTl" 
submit  this  instruction  to  me  in  its  original  form  to  your  lordHliip,  asking  for  it  an 
early  and  favorable  consideration. 
1  have,  &c., 

JOHN  WELSH. 


205 


ALLEGED   OUTKAGE   UPON   AMERICAN   FISHERMEN. 
J30CUMENT  No.  12. 

Mr.  F.  W.  Seward  to  Mr.  Hoppin. 


jfo.  361.]  Department  of  State, 

Washington,  August  28, 1879. 

Sir  :  I  have  to  acknowledge  the  receii)t  of  Mr.  Welsh's  No.  347  of  the 
l.Uli  instant,  and  to  approve  the  i)rompt  presentation  of  the  claims  of 
the  United  States  fishermen  at  Fortune  Bay,  which  formed  the  subject 
ot  my  No.  347  of  the  Ist  instant. 

Tiie  additional  copies  of  certain  papers  connected  with  the  cases,  which 
lie  tliiuks  it  desirable  to  have  transmitted,  will  be  sent  as  soon  as  prac- 
ticable. 

I  am,  "Ac, 

.    •  :,;^\ '„.;,       ;'■,•(-.:,   V;    F.  w.  seward, 

/  ;.'\^i  ..i^l  Acting  Secretary. 


Document  No.  13. 


[Telegram.  I 


Mr.  Evarti  to  Mr.  Hoppin.       '' 

,,^',  Washington,  JVovemficr  20, 1879. 
HoPPiN,  Charge,  London : 

(Directing  him  to  inquire  when  an  answer  might  be  expected  in  the 
matter  of  the  Fortune  Bay  claims.)    • 

■   ^v.  ;  .:.    EVARTS, 

^•,  .:/■    '.^j ;.;,,;  ;..-;;-:';;:■;    „^.  ;■,;,  .•;^.  :■..;>  i.'-.  :  •\^  ,.,  Secretary. 


FN  WELSH. 


OHN  WELSH. 


;■}:;■    '.:;ii.:'r'y/i;-\^A»;:„  '-':■ 


Document  No.  14. 

Mr.  Hoppin  to  Mr.  Evarts. 

No.  111.]  Legation  of  the  United  States, 

London,  November  22,  1879.    (Received  December  4.) 

•Sir:  Yotir  telegram  requesting  me  to  ask  Lord  Salisbury  when  to 
expect  an  answer  in  relation  to  the  Fortune  Bay  claims  was  brought  to 
tliis  oflice  at  a  late  hour  on  Thursday  evening.  Early  the  next  day,  the 
lilst  instant,  I  addressed  a  note  to' his  lordship,  a  copy  of  which  I  inclose 
herewith. 

I  have  not  yet  had  a  reply,  and  shall  probably  be  obliged  to  close  this 
dispatch  before  one  arrives.  Whenever  it  comes  I  shall  immediately 
send  you  the  substance  of  it  by  telegraph,  agreeably  to  your  instruc- 
tions. 

I  have,  &c.,  ' 

W,  ff.  HOFPIN, 


206 


ALLP:GED   OUTKAGE    upon    AMKKICAN    I'lSllERMEN. 


[IiioluBuro  with  Nu.  111.] 

Mr.  Uoppin  to  the  Marquis  of  SalUhury. 

Ii^inediulo.]  '  Lkoation  of  the  Unitkd  Htatks, 

London,  November  21,  IfVj. 

My  Loud:  I  received  lust  iiifjbt  a  tiiUlo  dispanli  from  Mr.  EviiilH, roqucHtiii^jniiMo 
UHk  youp  lordHhip  when  bo  minht  oxpcct  uii  ituHwer  to  Mr.  VVoIhIi'h  notes  of  llio  i;it|i 
of  August  Irtst,  ill  roliition  to  the  damages  siistuined  hy  eitizcus  til"  the  Uuitcd  States 
in  Fortune  Bay  in  January,  1878. 

As  I  am  instructed  to  reply  by  telegraph  I  venture  to  solicit  your  lordship  to  jjivo 
an  early  answer  to  Mr.  Evarts's  inquiry. 
I  have,  «&c., 

W.  J.  HOl'l'lN. 


■r/''^' '■ '■■-*  v-i''^  Document  No.  15.    .■'/"^    .  ,.,„  .•:■'' 

Mr.  Jloppin  to  Mr.  Ecarts. 

No.  112.]  Legation  of  the  United  States, 

London,  November  25, 1879.    (Received  Decouiber  0.) 

Sik:  Keferring  to  my  No.  Ill  of  the  22d  instant,  I  have  the  honor  to 
acquaint  you  that,  not  having  received  a  reply  to  my  note  of  the  21st  to 
Lord  Salisbury,  I  went  to  the  Foreign  Office  yesterday  to  obtain  in  \m- 
son  the  information  you  requested.  Neither  his  lordship  nor  Lord  Ten- 
terden  or  Sir  Julian  Pauucefote  were  there;  but  I  saw  Mr.  Barrinj^toii, 
one  of  Lord  Salisbury's  secretaries,  who  said  that  a  note  was  beiii|,' 
written  in  answer  to  mine,  to  the  effect  that  the  claims  of  the  Fortune 
Bay  fishermen  were  under  consideration,  and  that  a  reply  to  your 
instruction  to  Mr.  Welsh  on  that  subject  would  be  prepared  as  soon  as 
practicable,  fle  intimated  that  Lord  Salisbury  would  come  to  the  office 
in  the  evening,  and  he  would  convey  to  him  my  request  for  more  definite 
information. 

Not  having  heard  fron;  Mr.  Banington  at  six  o'clock,  and  not  ventur- 
ing to  postpone  any  later  my  acknowledgment  of  your  telegram,  I  sent 
you  a  cable  message.  Some  time  after  that  was  dispatched  1  had  a  note 
i'rom  Mr.  Barrington,  of  which  I  inclose  a  copy  herewith. 

You  will  observe  that  Lord  Salisbury  regrets  the  delay  in  answeriiij; 
our  claims,  which  he  ascribes  to  the  necessity  of  sending  to  the  governor 
of  Newfoundland  for  a  report  that  has  only  just  been  received,  that 
the  subject  is  having  his  best  attention,  but  he  fears  some  time  must 
elapse  before  he  can  make  a  communication  in  regard  to  it. 

1  expect  a  more  formal  answer  to  my  note,  but  I  shall  send  you  the 
substance  of  this  cable  by  to-night,  as  the  importance  of  fiie  subject 
and  the  shortness  of  the  interval  before  Congress  shall  meet,  justify  the 
a<lditional  expense. 

I  beg  to  remind  you  of  Mr.  Welsh's  statement  in  his  No.  347,  that  by 
reason  of  the  want  of  time  to  make  copies  he  was  obliged  to  send  to 
Lord  Salisbury  the  api)endix  to  the  printed  pamphlet,  and  also  the 
original  account  of  the  owners  of  the  New  England  and  Ontario.  These 
have  not  yet  been  returned  from  the  Foreign  Office,  as  we  requested, 
and  I  think  it  is  desirable  that  duplicates  should  be  supplied  to  us  from 
Washington  in  order  that  our  records  may  be  complete. 
I  have,  &c., 

W.  J.  HOPPIN. 


lonlBhip  to  givi 


J.  HOri'IX. 


ALLEGED    OUTllAGE   UPON    AMEUICAN   FlJSllEUMEN.  207 

llncluBiiro  with  No,  112.] 

Mr.  Harrington  to  Mr.  lloppin, 

FoUKKJiN  Okfick,  November  21,  1879. 
Dkak  Mk.  HoppiN :  IjohI  Salisbury  do«iroH  ino  to  oxprrHH  IiIh  n'grot  that  ho  Hhould 
not  y«t  liavc  Im'oii  able  to  m',iu\  a  reply  to  yonr  ifovisriiiiient  in  Mio  niint)  of  tho  Kortuiio 
Bay  claim-  I'-  '■■*  rt'ceiviiig  hit*  bimt  attuiitiuii,  but  as  it  wan  iioccsMary  to  rofiu'  to  tlin 
I'ovoriior  oi  Nnwfouudlaiid  lor  a  ropoit,  whiuli  ban  only  jimt  been  received,  be  fears 
8011111  time  numt  elapse  before  he  can  make  a  coniiuunieatiou  on  the  subject. 
1  am  yours,  very  truly, 

ERIC  BAKEINGTON. 

Au  olUcial  note  to  tbU  effect  ouglit  to  roauh  yuu  without  delay. 


•    Document  No.  10. 

Mr.  lloppin  to  Mr.  Evartn. 

No.  113.]  Legation  of  the  United  States, 

London,  November  28,  1871).  (Received  Doceiuber  10.) 
Siii:  llel'erring  to  my  dispatch  No.  112,  of  the  25th  of  November,  I 
have  now  the  honor  to  inclose  Lord  Salisbury's  formsil  answer  to  my  iii- 
(|uiry  as  to  when  a  reply  might  be  exi)ected  Ironi  him  to  your  instruction 
No.  347  to  Mr.  Welsh  in  relation  to  the  claims  of  the  Fortune  r»ay  lish- 
onueii.  You  will  observe  that  he  explains  his  delay  in  this  matter  by 
the  necessity  of  a  refereuco  to  the  authorities  of  Newfoundland. 
I  have,  &c., 

w.  J.  nopriN. 


[luulusure  with  No.  113.]  ''■ 

T he  Marqui8  of  Salisburif  to  Mr.  Uoppiti, 

FoRKiUN  Offick,  Novinnber  24,  1879. 
SiK :  1  liiivo  the  honor  to  iicknowledge  the  niceipt  of  your  letter  marked  "  Inmiedi- 
iite,"ol'  the  2l8t  instant,  infonninjj;  me  that  you  had  received  ou  thejirevionseveniiif^ 
11  Ciible  dispatch  from  Mr.  Evarts,  reijuestinj;  you  to  inquire  of  nio  when  an  answer 
mijjlit  lie  exjiocted  to  Mr.  Welsh's  notes  t)f  the  liJth  of  August  last  in  relation  to  the 
«laiiiii{;(;s  MUfsUinetl  by  citizens  of  the  United  States  in  lortnne  Bay  in  .January,' 187(^, 
and  1  have  to  state  to  you  in  rjply  that  some  delay  has  arisen  owing  to  the  necessity 
of  a  reference  to  Newfoundland,  but  that  a  communication  will  bo  addressed  to  you  in 
anawor  to  the  notes  in  question  at  as  early  a  date  a«  possible. 
I  have,  &c., 

SALISBURY. 


Document  No.  17. 

Mr.  Evarts  to  Mr.  Hoppin. 

No.  412.]  ^  Department  of  State, 

Washington,  January  15,  1880. 
Sir:  Referring  to  Mr.  Welsh's  No.  317  and  your  No.  112, 1  now  inclose 
jlierewith  the  duplicates  requested  in  the  dispatches  just  named. 
1  am,  «Sjc., 

WM.  M.  KVAKTS. 


i 


208  ALLEGED   OUTUAUE    UI'ON    AMKKICAN    I'lSHERMEN. 

Document  No.  18. 
Mr.  EvartH  to  Mr.  llopinn. 
•  '    ,  V    •       .      [Tolograui.]  , 

AVASiiiNaTON,  February  5,  1880. 
HoppiN,  (JhargS,  Ijondon: 

(Directing;  him  to  inquire  jit  what  time  an  anijA'or  in  reaix'ct  of  the 
Fortune  Bay  claims  might  bo  exi)ectod,  and  to  express  the  great  cliiigriu 
of  this  governmeut  that  no  answer  had  already  been  made.) 

JiVAUTS, 


Document  No.  19. 

Mr.  Jloppn  to  Mr.  IJvartn. 

No.  143.]  Legation  ov  the  United  States, 

London,  February  7,  1880.    (Received  February  li4.) 

Siu :  I  have  the  honor  to  acknowledge  the  receipt  yesterday  of  joiir 
dispatch  in  cipher  relating  to  the  great  delay  of  the  British  Governt'ieiit 
in  answering  our  claim  for  the  Fortune  Bay  damages.  1  knew  Unit 
Lord  Salisbury  had  been  seriously  ill  for  some  time  past  at  llatliild, 
antl  I  ascertained  at  the  foreign  office,  where  1  made  immediate  iiKniiiies, 
that  his  illness  still  continued  and  that  he  was  not  attending  to  biisiiiesH. 
I  therefore  made  an  appointment  with  Sir  Julian  Pauncefote,  who  is  in 
charge  of  the  foreign  office,  Lord  Tenderden  being  absent,  tor  an  inter 
view  to-day.    I  have  just  returned  from  this  interview. 

I  called  his  attention  in  the  course  of  it  to  the  fact  that  our  claim  wus 
presented  as  early  as  the  13th  of  August;  that  Lord  Salisbury  promised 
on  the  IGth  it  should  receive  immediate  attention ;  that  his  lordslii|. 
assured  us  on  the  24th  of  November  that  an  answer  should  be  sent  at 
as  early  a  date  as  possible,  and  that  nearly  two  months  and  a  half  liiid 
now  elapsed  without  our  having  been  favored  with  one.  1  then  expressed 
the  chagrin  j^ou  felt  at  this  delay,  and  gave  him  a  copy  of  the  transla 
tion  of  your  cipher  telegram. 

Sir  Julian  adnitted  the  delay,  and  said  that  it  arose  in  part  from  tiic 
importance  of  the  questions  involved  in  the  discussion ;  that  after  tiie  | 
claim  had  been  received  it  was  thought  advisable  to  consult  the  autlioii 
ties  in  Newfoundland ;  that  some  time  elapse<l  before  their  answer  | 
arrived,  when  the  matter  was  placed  in  his  (Sir  Julian's)  hands  to  pre 
pare  a  case  upon  it  for  submission  to  the  law  officers  of  the  crown;  that 
these  gentlemen  had  the  case  before  them  still,  the  reason  for  their  dclaj 
being  the  great  importance  of  the  j)oint8  involved,  and  also  the  accuiuu 
lation  of  references  in  other  matters  which  had  been  made  to  them  diir 
ing  the  recess  of  Parliament. 

Sir  Julian  promised  that  he  would  communicate  with  them  immedi 
ately  and  press  for  a  report,  and  would  send  them  a  copy  of  your  tele- 
gram to  hasten  their  action,    lie  said,  also,  that  he  should  send  a  copy  j 
of  this  to  Lord  Salisbury,  notwithstanding  his  i)hysician's  injunctions 
that  his  lordship  should  abstain  from  all  business.    Finally  he  declared  | 
that  I  might  expect  to  receive  on  Monday,  for  communication  to  joiU' 
self,  something  more  definite  in  relation  to  this  matter. 
J  have,  &c., 

W.  J.  nOPPlN, 


KMEN. 


ALLEGED    OUTKAGK    UPON    AMEKICAN    FISHERMEN. 


209 


ruary  5, 1881), 

II  re8p<>(!t  of  tlic 
je  f^n'Ut  chagrin 
ide.) 

iVAUTS, 
JSccrctarji. 


States, 
Fobruiiry  Hi.) 

^stonlay  ot'  your 
J»li  Gov(Miimeiit 
8.  1  knew  lliiit 
)ast  jit  Ilatlk'ld, 
lediatc  iiKiuiries, 
lUngto  busiiu'ss. 
icefote,  who  is  ill 
eut,  for  an  inter 

it  our  claim  wiis 

isbury  promised 

lat  bis  lortlsliii; 

ould  be  aoiit  at 

and  a  hall"  had 
|l  then  expressed 

of  the  transla 

in  part  from  tlie 
[5  that  after  tiie 
5ult  the  autlioii 
re  their  answer 
[s)  bauds  to  pre^ 
the  crown;  tiiat  1 
In  for  their  (leliiy 
lIso  the  accuiiiu- 
ide  to  them  diir 

ji  them  iumedi 
fpy  of  your  tele- 1 
]uld  send  a  copy 
_an's  injunctions 
lally  bo  declared  | 
licatiou  to  yoiip 


J.  uorriN, 


Dof'UMENl'  No.  20. 

•  M)\  lloppin  to  Mr.  EiHiria.  '        '  1,' 

j;„  147.1     •       Lkgation  of  tue  United  States, 

LomJnn^  Fehniarii  \{),\i^'i[).     (Received  February  24.) 

Sill:  lit'l'erriiij;'  to  i  ty  No.  !  i.5,  oitiic  7th  instant,  I  hiivc^  the  iionor  to 
state  that  up  to  this  i  ine  1  liave  not  received  any  further  coniniunica- 
tion  IVoni  tiit^  tor«'iy;n  tdlice  as  to  when  we  may  expect  au  answer  to  our 
iMHtunc  l>:iy  claims,  althon;;ii,  as  I  informed  yon  Itotii  by  tinit  dispalch 
and  l-\  cable.  Sir  .Inliaii  I'aunccilbte  ^^ave  ine  to  iindcistand  lie  should 
sfiiil  liic  more  (bWinite  information  on  tliat  point  yestenhiy. 

1  pit'suMie  that  his  silence  arises  from  Lord  SaUsbury's  continued  ill- 
Mi'ss.  It  is  possible  a.  note  may  iirrive  attc  the  closing  of  tlu'  bajj. 
Whenever  it  comes  1  shall  send  you  the  substance  of  it  by  cable. 

Ir  is  ])roper  for  me  to  state,  in  addition  to  'lat  1  wrote  yon  on  Sat- 
urday, that  Sir  -Fnlian  ranncetbte  intimated  that  they  would  i)robably 
he  aiile  to  receive  tiie  opinions  of  the  law  ollicers  of  the  crown  very 
shortly,  so  that  with  theadditiomd  delay  of  reconsidering  tlu^  matteriu 
thel'oreifin  ollice,  wci  might  rely  upon  having  a  reply  certainly  within  a 
month  tVoni  tlie  present  time;  but  he  pri!i»r:ed  I  should  make  no  posi- 
tive stat<'iiient  on  tins  point  until  1  should  hear  iVom  him  again. 
I  have,  &c., 

VV.  J.  HOPPIN. 


Document  No.  21. 
Mr.  Iloppin  to  Mr.  Emrfs. 


No.  loO.J 


Legation  op  the  United  States, 
London,  Febrnarij  14, 1«8().    (Received  February  24.) 

Sib:  Referring  to  my  Nos.  M.i  and  147,  of  the  7th  and  10th  in.stiiut, 
i  have  the  honor  to  inclose  herewith  a  copy  of  a  noti^  which  I  leceived 
lutein  the  evening  of  the  l.'JtIi  instant  from  Sir  .Julian  Pauncelbte,  desir- 
iiij;'  me  to  convey  to  you  the  regrets  of  Her  Majesty's  (loveriiment  for 
ilieir  unav(»idable  delay  in  answering  your  note  in  relation  to  the 
I'oitnne  Hay  claims.  It  will  be  observed  that  he  gives  the  sanu^-  rea- 
sons lor  his  delay,  and  announces  the  same  intention  to  I'Xpedite  the 
action  of  thi^  governnv.  nt  here  in  this  matter,  which  !u^  stated  to  me  at 
our  interview  on  the  7th  instant,  and  which  I  had  the  honor  to  com- 
]iiniii((at(A  to  yon  in  the  dispatches  above  mentioned  and  in  my  tele- 
Kiams  of  the  Uth  and  13ih  instant. 
I  have,  &c., 

W.  J.  IIOFPIN. 


[Inclosnro  wilh  No.  150  ) 

Sir  Julian  Paunoefote  to  Mr.  Hoppin. 

FoKEiGN  Office,  February  12,  18S0. 

Sir:  With  reference  to  the  telegram  addressed  to  yon  l»y  Mr.  Evarts  relative  to  the 

Fonuue  Bay  question,  a  copy  of  which  you  communicated  to  lue,  I  have  the  houorto 

[request  that  you  will  convey  to  Mr.  Evarts  the  regret  of  Her  Majesty's  Government  at 

jtbedolay  wliich  has  unavoidably  occurred  iu  answering  the  claim  of  the  United  States 

I  Government.    On  receipt  of  the  report  upon  the  case,  which  had  been  called  for  from 

S.  Ex.  113—14 


210 


ALLEGED   OUTRAGE    UPny   AMERICAN    FISHERMEN. 


the  (Jovoniiinuit  of  Nttwloiiiiillaiiil,  it  wtut  (omul  nocessary  to  refer  cortiiiii  pointu  to  the 
liiw  oIllccrH  of  llio  crown  for  their  opinion,  imd  owinj^  to  the  ^reut  prcsHiire  nf  hmj. 
neNH  iiftiM'  the  Fiirliimientiiry  re<:i'MH,  uiid  on  the  reopening  of  the  liiw  rcnrtM,  iim  well  j, 
from  the  voliiniinouN  <;hiiraeter  of  the  ihxtiniuMitH  Huhinitteil  to  them,  t\u\y  huve  bwjg 
nnalil(>  np  to  tlie  preHtint  time  to  complete  tlieir  exiiminiition  of  tiie  cuHe. 

They  will  lie  imniediiitely  reipieHfed  toexpedite  their  report,  imcK^iii  eiirly  kh  pusmlile 
lifter  the  receipt  of  it  1  Hhiill  not  fail  to  niiike  known  to  yon,  for  commnniuution  *o  your 
government,    no  '•••nvs  of  Her  MujcHty's  Oovornment  (in  the  (pieHtioii. 


I  have,  &('., 
lu  the  absence  of  Lord  HaliHhiiry  : 


JULIAN  I'AUNCKFOTE. 


Document  No.  21*. 

Mr.  IJoppin  to  Mr.  ErurU. 

Legatk.n  of  the  United  States, 
London  {tiaturdaif,  5  p.  m),  February  l-i,  If^Ai). 

Dear  Mr.  Evarts  :  My  attention  lias  just  I»«eii  called  to  tlio  |>ass;it;e 
in  yt-istenlay's  Times,  which  I  have  iniukeil  with  fetl  piMicil,  in  whiclia 
question  is  asked  of  the  under  foreign  secretary  about  the  Fortune  Bay 
claims. 
1  have  no  time  to  inclose  this  in  a  regular  dispat(!li. 
Very  respectfully,  &c., 

W.  J.  HOPPIN. 


[Inclosiiro  with  the  foroj;oiDK.] 
[The  Times,  Friday,  February  13,  1880.] 
■  *''  ■  llovsK  ov  C0MMOS8,  Thursday,  Febriiarji  12. 

CANADIAN  AND  NEWFOUNDLAND  FISHERIES. 

Mr.  GOURLEY  asked  whether  the  claim  of  the  United  States  Government  for  $103,Mi) 
for  damages  alleged  to  have  been  done  by  Newfoundland  llshermen  in  Portiuio  Bay 
to  the  Massachusetts  tishing  ileet  had  been  amicably  arranged;  what  measures  were 
being  adopted  for  the  purpose  of  abrogating  or  amisniling  clause  33  of  the  Treaty  of 
Washington  relative  to  the  Canadian  and  Newfoundland  inshore  tisherios;  and  whether 
steps  were  beinjj  taken  for  the  purpose  of  ascertaining  if  the  proviso  of  the  conven- 
tion of  1818,  which  avimits  American  fishermen  to  enter  British  North  American  baw 
or  harbors  for  the  purpose  of  shelter,  repairing  damages,  and  purchase  of  wood  and 
water,  w;is  intt  nded  to  exclude  them  from  going  inshore  to  traHic,  transship,  fish,  pur-  I 
chase  stores,  imnd  nets,  and  hire  seamen. 

Mr.  BouuKE.  The  claim  of  the  United  States  Government  for  damages  alleged  to  | 
have  been  done  by  Newfoundland  fishermen  in  Fortune  Bay  is  still  under  the  consid- 
eration of  Her  Majesty's  Government.     No  measures  are  being  adopted  for  the  pnrpoie 
of  abrogating  or  amending  clause  33  of  the  Treaty  of  Washington.     The  extent  of  tlie 
fishing  privileges  accorded  to  the  United  States  on  the  shores  of  Canada  and  New- 
fonndlaud  is  laid  down  in  the  convention  of  1818  and  in  the  Treaty  of  Washington  "'j 
1871.     Her  M.ijesty's  Government  have  not  at  present  found  it  necessary  to  make  auy  1 
communication  to  the  United  StatcH  Government  with  a  view  of  defining  more  pte-j 
cisely  the  exact  interpretation  of  the  language  of  those  treaties. 

Mr.  GoURLKY  said  that  on  an  early  day  ho  would  call  att(Mition  to  the  conveution 
of  1818  between- this  country  and  the  United  States  relative  to  fisheries. 


KM  EN. 

rtuiii  points  to  thr 
prt'HHurt'  (>'■  liiifii. 
(M'urtH,  us  Willi  M 

1,  tlii\v  liiivo  hw'u 

(NINO. 

I  oiirly  (M  powibli 
iiiinicution^oyoui 


I'AIINCKFOTE. 


!D  StATRH, 
uiirn  1 4,  l.SHO, 

id  to  the  piissiijie 
Micil,  in  which  a 
lie  Fortune  Bay 


J.  UOPPIN. 


alleged  outractk  upon  amkrican  fi8hekmen.        211 

Document  No.  23.  , 

Mr.  Evarts  to  Mr.  Hoppin.  ' 

(Telenriim.l 

Washington,  February/ liO,  1880. 
jpriN,  Charfie,  London : 

[(Stuting  tlie  iiicreaHtul  cluiffrin  witli  whicih  this  jjovemnujot  learns, 

1)111  his  No.  1A7,  of  tliore  boiiifj  even  a  posHihility  of  an  additional 

Diitli's  delay,  and  directinfj  him  to  iw^i^  Her  Majesty's  Govenunontto 

Ktiil  it  if  possible.) 

'  '  .  -.      EVARTS. 


1,)0.| 


Document  No.  24. 

Mr.  Iloppinto  Mr.  Erarts.  \ 

Legation  of  the  United  States, 
London^  February,  27,  1880.     (Received  March  13.) 

Sir:  I  received  late  last  evening  your  telegram  without  date,  stating 
It  vou  learned  with  increased  chagrin,  from  my  No.  147,  of  even  a  pes- 
flt'tiirtlier  delay  of  ono  month  in  the  answer  to  our  Fortune  Hay  claims, 
liiistnieting  iiietourgeitsavoidanceif  possible.  I  have,  acconlingly, 
Irtsst'd  Lord  Salisbury  again  on  this  subject,  and  herewith  inclose  a 
pvofinyiioti!  to  his  lordship.  '  '  ■ 

1  have,  ISM.. 

W.  J.  UOPPIN. 


gdrti/,  February  \t 


irnmont  for  ^103,0 
leii  ill  Fortuno  Bay 
hat  measures  were 
33  of  the  Treaty  of 
lorieH;  and  whether 
,'iso  of  the  coiivea- 
)rth  American  bays 
chase  of  wood  anil 
,raus8hip,  tisli.  I""- 

iiitiages  alleged  to 
I  luuler  the  coiisid- 
itod  for  tlie  piirpoje  I 
The  extent  of  tlic 

Canada  and  New- 

of\Vashin(,'tonof 

L'ssary  to  make  auy  I 

letiiiiny  move  p[«-j 

to  the  conveation 
iries. 


[Inclosnro  with  No.  isa.j 

Mr.  Hoppln  to  the  Marquis  of  Saliahury, 

,  .     .  Legation  of  tiik  United  States,  • 

London,  February  27,  1B80. 

|y  Lord:  I  have  the  honor  to  acquaint  you  that  I  received  from  the  honorable  the 
iTitiiry  of  State,  layt  evening,  a  further  telegram  in  relation  to  the  delay  of  Her 
Besty's  Government  in  answering  oui  claims  for  damages  on  account  of  the  pro- 
dings  at  Fortune  Buy. 

tour  lordHhii)  will  bo  good  enough  to  remember  that  on  the  7tb  instant,  in  the  ab- 
|te  of  your  lordship,  Iliad  a  conversation  with  Sir  Julian  Pauncefot«  at  the  foreign 
fceon  this  subject,  and  gave  him  u  copy  of  the  cable  dispatch  I  had  received  from 
I  Evarts  the  day  before, 

ifterwards,  on  the  I2th  instant,  I  received  from  Sir  Julian  a  note  in  relation  to 
linatter,  a  copy  of  which  I  sent  to  Mr.  Ev&rts  on  the  I4th,  having  already  tele- 
kiiiwl  the  substance  of  it  to  him  on  the  13th  instant. 

nriug  our  ('onvorsation  on  the  7th  of  February,  when  I  pressed  Sir  Julian  Paunce- 
Iforau  approximate  statement  of  the  time  within  which  we  might  expect  your 
Ikhip's  reply  to  our  cliiims,  he  intimate<l  that  it  would  cortainly  bo  given  within  a 
|tli  Iroiu  tliat  date,  and  I  so  informed  Mr.  Evarts  in  a  dispatch  of  the  lOtli  of  Feb- 

iilip  cable  message  which  I  have  now  received,  Mr.  Evarts  states  that  he  learns 
I'liicreasfMl  chagrin,"  from  my  dispatch  to  him  last,  mentioned,  "of  even  a  possi- 
Ifiirthei  dolay  of  one  month,"  and  he  instructs  me  to  "  urge  its  avoidance  if  pos- 

losenotime,  therefore,  In  bringing  this  subject  again  to  your  lordship's  attention, 
lin  expressing  the  disquiet  which  Mr.  Evarts  feels  that  an  answer  to  tho,so  claims 
jh  were  brought  to  the  notice  of  Her  Majesty's  Government  so  long  ago  as  the  13th 
iBgnst  last  may  possibly  be  still  further  delayed. 

Ihave,  &c.,' 

\v.  J.  noppiN. 


212 


ALLEGED    OUTRAGE    UPON    AMERICAN    FISHERMEN. 


Document  No.  25. 

Mr.  Hoppin  to  Mr.  Evarts. 

No.  163.]  Legation  of  the  United  States, 

London,  March  Ki^l^^i).  (Received  iM arch  22,1 
Sir  :  Referriupf  to  my  disiuitch,  No.  150,  of  the  14tli  nltiuio,  in  lelatji 
to  the  delay  of  the  British  Government  to  reply  to  yournote  oiithesoi 
ject  of  the  Fortune  Bay  claims,  1  have  now  the  lionor  toinchwoacoi 
of  a  note  of  Lord  Salisbury,  in  which  it  is  stated  that  Tin<  report  oft 
law  officers  of  the  crown  upon  the  case  has  now  been  recj^ived. 
I  have,  &c., 

w.  J.  lioi'mj 


m 


■'  "       ,  '  '  [Inclosure  with  No.  163.]  '     ■     '" 

The  Marquis  of  SaHsburi)  to  Afr.  Hoppw.  ' 

FoiiEiGN  Office,  jl/rt»'c/i  2,  w| 
Sir:  I  liavo  tlio.lioiiiir  to  iicknowlcdMc  the  r(;cL'ii>t  of  your  ci)ini<muicatiniHi|'( 
2Vtli  ultiiiio,  inlbriniii';'  nic  that,  you  had  on  the  eveiiiuff  of  the  precodiiij;  day  recciij 
ii  further  telo^ram  from  Mr.  Evarts  in  rehition  to  the  dchiy  of  Her  Majesty's  Govti 
ineiit  in  replying  to  th'-  chiini  pnt  forward  by  the  United   States  Goverhniciitiiien 
nection  witli  the  occiirrences  at  Fortune  l$ay  in  .January,  lb7b,  and  I  have  tosiaiej 
yon    vith  reference  thereto,  that  tlie  rojjort  of  the  law  of5Heers  of  the  crowi  ii|i(iii/ 
cahe  has  now  l)een  received,  and  that  therefore  the  reply  of  Her  Majesty's  Govcnim 
will  be  sent  with  the  least  possible  delay,  havinji;  regard  to  the  question  i;mlirti( 
sideraiion. 

I  Lave,  &e., 

■'■:■::.  ':,/  :  ■■     *  "  '   \  '■' "^  SALISIOll 


-!  Document  No.  26. 
Mr,  Hopphi  to  Mr.  Emrts. 


No.  170.] 


Legation  of  the  United  States, 
London,  April  (i,  1880.     (lieceived  April  1!),)| 

Sib  :  1  have  the  honor  to  inclose  herewith  the  copy  of  a  comimiM 
tion  which  1  received  lioju  Lord  Salisbury  yesterday,  in  rcitlytoHl 
Welsh's  notes  of  the  13th  of  Aufj^ust  last,  in  relation  to  the  (iaima 
sustained  by  certain  citizens  of  the  United  States,  owners  of  tweti 
two  fishing-  vessels,  in  Fortune  Bay,  Newfoundland,  in  the  iiioiitlij 
January,  1878. 

It  will  be  observed  that  the  British  Government  have  returiietlaui 
favorable  answer  to  our  claims. 

1  sent  you  an  abstract  oi'  Lord  Salisbury's  letter  by  cable  lasteveniij 
1  have,  &c., 

W.  J.  IIOPPIXI 


[Inclosure  1,  with  No.  170.  J 

The  Marquis  of  Salisbury  to  Mr.  Hoppin. 

FoRKiGit  Office,  April  3,  li 
Sir:  In  tLe  note  which  I  had  the  honor  to  address  to  you  on  the  12th  of  Febi 
I  explained  the  reason  why  a  certain  time  has  unavoidably  elapsed,  before  Herl 
esty'^s  Governmer.t  were  in  a  position  to  reply  to  Mr.  Welsh's  notes  of  the  131 


SHERMEN. 


ALLEGED   OUTRAGE    UPON    AMERICAN    FISHERMEN. 


213 


W.  J.  HOl'PI!;, 


leiist  last,  ill  wUich  ho  preferred,  oii  the  part  of  your  government,  a  claim  for 
0.1 305.li'<i>  '"^  coiui)eu8ation  to  some  United  States  flaheriiieu,  on  account  of  losses 
•ii'il  to  liiive  l>et*"  sustained  by  them  through  cort-iin  orrjirences  which  took  place 
Kortune  Bay,  Newfoundlam',  on  the  Gth  of  January,  1878.  The  delay  which  has 
iseii  hiw  'Jti*'"  occasioned  by  the  necessity  of  instituting  a  very  careful  inquiry  into 
jcircuiiistiiiices  of  the  case,  to  which,  in  all  its  bearings,  Her  Majesty's  Government 
ire  anxious  to  give  iho  fullest  consideration  before  coming  to  a  decision.  Her  Maj- 
v'sGoveriiiiiiMit  having  now  completed  that  inquiry,  so  far  as  lies  witliin  their 
iwer  I  beg  k-ave  to  request  you  to  bo  mo  good  as  to  communicate  to  your  govern- 
ut  the  I'()lii>wing«ob9ervation8  on  the  case. 

Jii  lousidiniiig  whether  compensation  ecu  properly  be  demanded  and  paid  in  this 
i>  rej,'(ml  •.mist  be  had  to  the  facts  as  established,  and  to  the  intent  and  effect  of 

aiticic"  of  the  Treaty  of  Washington  and  the  conventiou  of  1818  which  are  ap- 
iciiliii)  to  tliDSH  facts. 

iTlii'  t'iicts,  80  far  as  they  are  known  to  Her  Majesty's  Goveri'ment,  are  disclosed  by 

le  aliiiiavits  contained  in  the  inclosed  printed  paper,  which,  for  convenience  of  ret- 

iiic,  liave  Oecu  numbered  in  consecutive  order.     Nos.  1  and  2  were  received  by  her 

isty'i*  Government  from  his  excellency  the  governor  of  Newfoundland.  Nos.  3  to 
iiieiiisive,  were  attached  to  the  report  made  by  Captain  Sulivan,  of  Her  Majesty's 
lip  Sinus,  wlio  was  instructed  to  inake  an  inquiry  into  the  case.  These  were  com- 
iiiicated  to  Mr.  Welsh  with  my  note  of  the  7th  of  November,  1878.  Nos.  11  to  16,  iu- 
sive,  are  the  aflQdavits  of  United  States  fishermen,  printed  in  the  New  York  Herald 
tlie'28chof  January,  1878,  and  were  received  by  Her  Majesty's  mlni^Vir  at  Wash- 
ton.  They  liave  not  been  received  oflicially  from  the  Government  oi  the  United 
^tes,  but  Har  Majesty's  Government  see  nc  reason  to  doubt  their  authenticity.  Nos. 
to'ii  were  annexed  to  Mr.  WelMh's  note  of  the  13th  of  August  last. 

cs'efiil  examination  of  the  above  evidence  shows  that  on  the  day  inqnection  a 
je  luniiber  of  vhe  crews  of  the  United  States  fishing  vessels  came  on  shore  and  from 

beach  barred  the  herrings,  the  ends  of  tlieir  seitics  being  secured  to  the  shore. 

I  tlie  lisheriiien  of  the  locality  remonstrated  against  thosi!  proceedirgs,  and,  upon 
lir  h'liionstranco  proving  unavailing,  removed  the  nets  by  force. 

L  being  the  facts,  the  following  two  <|uestions  arise : 
,  Hiue  United  States  fishermen  the  right  to  use  the  strand  for  purposes  of  actual 
in;;? 

Have  tliey  the  right  to  take  herrings  with  a  seine  at  the  season  of  the  year  in 

siinii,  or  to  UMo  a  s(!ino  at  any  season  of  the  year  for  the  purpose  of  barring  her- 
■gs  on  llm  coast  of  N'^vfoundlaiid  ? 
the  answers  to  the  above  (jnestioi's  dejieud  on  the  interpretation  of  the  treaties. 

ith  ivganl  to  the  first  question,  namely,  the  right  to  the  strand. fishery,  I  would 
crve,  that  article  i  of  thts  convention  between  Great  Britain  and  the  Ui;ited  States 
lilieiUth  of  October,  1818,  secured  to  citizens  of  the  United  States  the  right,  in  com- 
lii  with  British  subjects,  to  take  fish  of  e»'ery  kind  on  certain  specified  portions  of 
|ooiist  of  Newfoundland,  and  to  nst  the  shore  for  the  purposes  of  iiurchasiug  wood 
'olitaiuing  water,  and  for  no  other  purpose  whatever. 

^itieles  XVIII  and  XXXII  of  the  Treaty  of  Washington  superadded  to  the  above- 
Btionwl  privileges  the  right  for  Unite<l  States  fishermen  to  taice  tish  of  every  kind 
Itlicert.iiu  cxceptiotis  not  relevant  to  the  present  case)  in  aU  portions  of  the  coast 
Ihat  island,  and  perniis.don  to  land  for  the  purpose  of  drying  their  nets  and  curing 
Irtish,  "jjrovided  that  in  so  doing  they  do  not  interfere  with  the  rights  of  private 
Iperty  or  wivii  Hritiah  fishermen  in  the  peaceable  use  of  any  part  of  the  said  coast 
|!ii'iroiieniiancy  for  the  same  purpose." 

flins  \\  iiilst  iibsol  lite  freedom  in  the  matter  of  fishing  in  territorial  waters  is  granted, 
iri^lit  to  us  the  shore  for  four  specified  purposes  alone  is  inentiohed  in  the  treaty 
|cles,  liorii  which  United  States  lishermcMi  derive  their  i)rivilegc8,  namely,  to  (inr- 

'wood,  to  obtain  water,  to  dry  nets,  and  euro  fish. 
|lic  citizens  of  the  lliiiti-d  States  are  thus  by  clear  iinidicition  Absolutely  jireclnded 

1  tiio  Use  of  the  oliore  in  f  he  direct  act  of  catching  fish.  This  view  was  inaintaiued 
liie  strongest  nuuiner  lu'fore  the  Halifax  Conin;issioii  by  the  United  States  agent, 
T,  with  tvfei  once  fo  the  proi»er  interpretation  tube  ])lae(Hl  on  the  treaty  stipulations, 

Ithefrtllowing  language:  "  No  rights  to  ilo  anvthing  uiton  the  laiulare  conferred 
linlie  citizens  of  the  United  States  under  this  trealv,  <vith  the  single  exception  of 
Ifight  li)  dry  nets  and  euro  ffsh  on  the  shores  of  tlie  Mag  lalcn  Islancis,  if  -^e  did 
Iji.issi'Hs  that  before.  No  right  to  land  for  the  pnrpr>sc  of  seining  from  the  shore  ; 
fii'litloMic  'strand  fishery,'  as  it  has  lieen  called;  no  right  to  do  anything  except, 

«r-lionio  (111  our  vesse's,  to  go  witbin  the  limits  wl  icli  had  boon  previously  for- 
llt'ii, 

pofaras  tlie  herring  trade  goes,  we  could  not  if  we  wern  dis]>osed  to  carry  it  on 

■'ssliiily  under  the  provisions  of  tln>  treaty,  for  this  herring  trade  is  substantially 

lining  from  the  shore,  a  strand  tishing,  as' it  is  called,  and  we  have  no  right  any- 


214  ■        ALLEGED   0T7TRAGE   UPON   AMERICAN   FISHERMEN. 


•     ! 


EtK  , 

fcl 


t 


■where  conferred  by  this  treaty  to  go  ashore  and  seine  herring  any  more  thanwelm 
to  establish  fish-traps." 

Her  Majesty's  Government,  therefore,  cannot  anticipate  that  any  difference 
opinion  will  be  found  to  exist  betweeu  the  two  ;;overHuient8  on  this  point. 

The  incident  now  iiud*  discussion  occurred  on  that  part  of  tlie  shore  of  Fortu. 
Bay  which  Is  called  Tickle  Heacli,  Long  Haibor.  On  this  beach  is  situated  tlieiS 
ing  settlement  of  Mark  Bolt,  a  British  lishe.nuan,  who  in  his  evidence,  ti»ken  upon oai| 
deposes  as  follows: 

"The  ground  I  occupy  was  granted  uiofor  life  by  government,  and  f(»r  whichlai 
to  pay  a  fee.  There  are  two  families  on  the  beach  ;  there  were  three  in  winter,  i 
living  is  dependent  on  our  tishing  otf  this  settlement.  If  these  largo  Americau  »! 
are  allowed  to  be  hauled,  it  forces  me  away  froui  the  place." 

John  Saunders,  another  British  lisheinuumf  Tickle  Beach,  deposed  that  the luL 
States  fishermen  liiiult-d  their  seint  on  the  beach  immediately  in  front  of  his  pioptm] 

The  United  States  fishermen,  tlierefore,  on  the  occasion  ir  que.-tion,  not  oiilvj 
ceeded  the  limits  of  their  treaty  privileges  by  fishing  from  the  shore,  but  thev"iJ 
terfered  with  the  rights  of  jtrivate  property  and  with  British  fishermen  in  theiieac? 
ble  use  of  that  i)art  of  the  coast  in  their  occu))ancy  for  the  same  purpose,"  coutrarv ' 
the  express  provisions  of  Articles  XVIII  and  XXXII  of  the  Treaty  of  Washington! 

Further,  they  used  seines  for  the  purpose  of  in-barring  herrings,  and  this  leads uie 
theconsiderationofthe  second  question,  namely,  whether  United  States fisliermeiiim 
the  right  to  take  herrings  with  a  seine  at  the  season  of  the  year  in  question,  or  ton 
a  seine  at  any  season  of  the  year  for  the  purpose  of  barring  herrings  on  the  coast 
Newfoundland. 

The  in-barring  of  herrings  is  a  practice  most  injurious,  and,  if  o(»ntinued,  calcnlat 
in  time  to  destroy  the  fishery ;  con8e<iueutlv  it  has  been  prohibit  jd  by  statuttr 
1862. 

In  my  note  to  Mr.  Welsh,  of  the  7th  of  November,  1878, 1  stated  "  that  British 
ceignty,  as  regards  these  waters,  is  limited  in  its  scope  by  the  engagements  of 
Treaty  of  Washington,  which  cannot  be  modified  or  affected  by  any  municipal  le 
lation,"  and  Her  Majesty's  Government  fully  admit  that  United  States  Men 
have  the  right  of  participation  on  the  Newfoundland  inshore  fisheries,  in  common  ni 
British  subjects,  as  specified  in  Article  XVIII  of  that  treaty,  But  it  can  not  beclaiiia 
consistently  with  this  right  of  participation  in  common  with  the  British  tislierai 
that  the  United  States  fishermen  have  any  other,  and  still  less  that  they  havejn 
rights  than  the  British  fishermen  had  at  the  date  of  the  treaty. 

If,  then,  at  the  dale  of  the  signature  of  the  Treaty  of  Washington,  certain  re«ti 
were,  by  the  municipal  law,  imposed  upon  the  British  fishermen,  the  United  States 
ermen  were,  by  the  express  terms  of  the  treaty,  equally  subjected  to  those  restraiai 
and  the  obligation  to  observe  in  common  with  the  British  the  then  exiKiing  local lai 
and  regulations,  which  is  implied  by  the  words  "ia  common,"  attached  to  the  Uuit( 
Stat^o  citizens  as  soon  as  tiiey  claimed  the  benefit  of  the  treaty.  That  such  wastl 
view  entertained  by  the  Govorununit  of  the  United  States  during  the  existence olil 
reciprocity  treaty,  under  which  United  States  fishermen  enjoyed  precisely  the 
rights  of  fishing  as  they  do  now  under  the  Treaty  of  Washington,  is  proved  conclus 
by  the  circular  issued  on  the  2ritli  of  March,  1856,  to  the  collector  of  cuGtomsat 
ton,  which  so  thoroughly  expressed  the  views  of  Her  Majesty's  Government  on iS| 
point  that  I  quote  it  here  in  extenso. 

,  Mr.  Marcy  to  Mr  Peaslee: 

'  [Circular.) 

"Depautment  of  Statk, 
"  Washington,  March  28,  lw| 

"Sir:  It  is  understood  that  there  are  certain  acts  of  the  British  North  Auinifl 
colonial  legislatures,  and  also,  perhaps,  executive  regulations  intended  to  ;)ieveiililj 
wanton  destruction  of  the  fish  which  frecpient  the  coasts  of  the  colonics,  and  iiijiu* 
to  the  fishing  thereon.     It  is  deemed  reasonable  and  desirable  that  boil:  the  I'liii 
States  and  British  fishermen  should  i)ay  a  like  respect  to  such  ^aws  and  rc^jiiliiiifi 
which  are  designed  to  preserve  and  increase  the  productiveness  of  the  (IsJieiieM 
those  coasts.     Such  being  the  object  of  these  laws  and  regulations,  the  olisorvaiiw 
them  is  enforced  upon  the  citizensof  the  United  States  in  the  like  manner  astlnj 
observed  by  British  subjects.    By  granting  the  inutual  use  of  the  inshoiv  lisluj 
neither  party  has  yielded  its  right  to  civic  jurisdiction  over  a  marine  league  a! 
its  coasts. 

"Its  laws  are  as  obligatory  upon  the  citiz'iis  or  subjects  of  the  otlicrasu[ 
own.  The  laws  of  the  British  provinces,  not  in  conUict  with  the  provl.siouswi 
reciprocity  treaty,  would  bo  as  binding  upon  the  citizens  of  the  United  States  ffilil 
that  jurisdiction  as  upon  British  subjects.     Should  they  be  so  framed  or  execnieiliil 


fISHERMEN. 

ig  any  more  than  weiiij 

6  that   auy  different  J 
H  on  this  point. 
■>  of  the  shore;  of  ForttJ 
beach  is  sifuated  the  lit 
vidence,  t/*ken  uponoaiU 

lent,  auO  for  which  I  'J 
•ere  three  in  winter, 
ese  large  Anierieau  sem 

I ,  deposed  that  the  Vnwt- 

y  in  front  of  his  piopti3 
ir  que.-tion,  not  oulytlf 
the  shce,  hut  they' 
li  lishermen  in  thejieaml 
luie  purpose,"  contraryif 
Ireaty  of  Washingtun', 
rings,  and  thin  leads lucJ 
ited  States  fisliermeuim] 
ear  in  qnestion,  or  ton 
i;  herrings  on  the  coasiJ 

d,  if  continued,  calcnlatJ 
:ohibil  jd  by  statuttsH 

stated  "  that  HritishK 
y  the  engagements  of  il 
d  by  any  municipally 
United  States  fishcrii 
e  fisheries,  in  common  ii 

But  it  can  not  be  daiJ 
ith  the  British  fisheniif^ 
ess  that  they  have  grit 
kty. 

liington,  certain  restraijj 

\en,  the  United  States  li 

jected  to  those  restrainij 

then  existing  locallji] 
attached  to  the  Uiii 
eaty.     That  such  wiisill 

ring  the  exi.steuceoli 

oyed  precisely  the  s 
on,  is  proved  couclusivtl| 
lector  of  cuctoras  at  1 

ty's  GoverumiiiitoDli 


ALLEGED    OUTRAGE    UPON   AMERICAN   FISHERMEN. 


215 


ITMKNT  OF   .STATK, 

iiiijton,  March  28,  Ml 
British  North  Ainrti4^ 
s  intended  to  jjicvenll 
the  colonies,  and  iiijuiij 
ble  that  boil:  tliel'mij 
uch  laws  and  n'i;ulaiw 
veness  of  the  ti>la'ii«< 
ations,  the  obsorviiuctj 
I  like  manner  astlieyf 
of  the  inshore  tisW 
Br  a  marine  leiij;iii' aW 

of  the  other  as  iipoil 
th  the  provisions  nti 
;he  United  States  ffii 

framed  or  exociiltJ"! 


make  any  discrimination  in  favor  of  British  fishermen,  or  to  impair  the  rights  secured 
to  Amoricaa  fishermen  by  that  treaty,  those  injariously  affected  by  them  will  appeal 
to  this  govtrument  for  redress. 

"  In  ])restnting  complaints  of  this  kind,  should  there  be  cause  for  doing  so,  they 
are  requested  to  furnish  the  Department  of  State  with  a  copy  of  the  law  or  regulation 
ffbich  is  alleged  injuriously  to  affect  their  rights  or  to^ake  an  unfair  discriminatiou 
lietw.'t'U  the  fishermen  of  the  respective  countries,  or  with  a  statement  of  any  sup- 
iiosed  grievance  in  the  execution  of  such  law  or  regulation,  in  order  that  the  matter 
may  be  arranged  by  the  two  govern  meute. 

•  Von  will  make  this  direction  known  to  the  m.istors  of  such  fishing  vessels  as  belong 
toTonr  port  in  such  maiuior  as  you  may  deem  most  advisable. 

(•.Signed)  "W.  L.  MARCY. 

"COLLKCTOK  OF  THE   CUSTOMS,    Boston." 

I  have  the  honor  to  inclose  a  coi)y  of  an  act  passed  by  the  collonial  legislature  of 
Newfoundland,  on  the-27th  March,  186:^,  for  the  protection  of  the  herring  and  salmon 
fisheries  on  the  coast,  and  a  copy  of  cap.  102  of  the  consolidated  statutes  of  New- 
t'ouiidlaud,  passed  in  1872.  The  first  section  of  the  act  of  1862,  prohibiting  the  taking 
of  herrings  with  a  seine  between  the  20th  day  of  October  and  the  12th  day  ol:' April, 
and,  further,  proliibited  the  use  of  seiiies  at  any  time  for  the  purpose  of  barring  her- 
riuss.  These  regulations,  \vhicb  were  in  force  at  the  date  ofthe  Treaty  of  Washington, 
were  not  abolished,  but  confirmed  by  the  subsequent  statutes,  and  are  binding  unc)r 
the  treaty  upon  the  cit.zens  of  the  United  States  in  common  with  British  "ubjects. 

The  United  States  fishermen,  therefore,  in  landirgfor  the  purpose  of  fishing  at 
Tickle  Beach,  in  using  a  seine  at  a  prohibited  time,  and  in  barring  herrings  with 
seines  from  the  sho»'o  exceeded  their  treaty  privileges,  and  were  engaged  in  unlawful 
actH. 

Her  Majesty's  Government  have  newish  to  insist  on  any  illiberal  sonstruction  of 
the  language  of  the  treaty,  and  would  not  consider  it  necessary  to  make  any  formal 
complaint  on  the  subject  of  a  casual  infringement  of  the  letter  of  its  stipulations  which 
(lid  not  involve  f,ny  substantial  detriment  to  British  interests  and  to  the  fishery  in 
general. 

An  excess  on  the  part  of  the  United  States  fishermen  of  the  iirecise  limits  of  the 
rights  secured  to  them  might  proceed  as  much  from  ignoranew  as  from  wilfulness;  but 
the  presen':  claim  for  compensation  is  based  on  losses  resulting  firima  collision  which 
was  the  direct  consequence  of  such  excess,  ami  Her  Majesty's  Government  feel  bound 
to  point  to  the  fact  that  the  United  States  fishermen  were  the  first  and  real  cause  of 
the  mischief,  by  overstepping  the  limits  of  the  privileges  secured  to  them  iua  manner 
gravely  prejudical  to  the  rights  of  other  fishermen. 

For  the  reasons  above  stated,  Her  Majesty's  Government  are  of  opinion  that,  undier 
the  eircunistancesof  the  case  as  at  present  within  their  knowledge,  the  claim  advanced 
by  the  United  States  fishermen  for  compensation  on  account  of  the  losses  stated  to 
Lave  been  sustained  by  them  on  the  occasion  in  question  is  one  which  should  not  be 
entertained. 

Mr.  E  varts  will  not  require  to  be  assured  that  Her  Majesty's  Government,  while  un- 
able to  admit  the  contention  of  the  United  States  Government  on  the  present  occa- 
sion, are  fully  sensible  ofthe  evils  arising  from  any  dilJ'erence  of  opinion  between  the 
two  governments  ill  regard  to  thefishery  rights  of  their  respective  subjects.  They  have 
always  admitted  the  iiicomiietence  of  the  colonia'  or  the  imperial  legislature  to  limit 
by  subsequent  legislation  the  advantages  secured  by  treaty  to  the  subjects  of  another 
power.  Tf  it  shonM  be  the  c;)inion  ofthe  Governnitnt  ofthe  United  States  that  any 
act  of  the  .oloniii  legislature  subsequent  in  date  to  the  Treaty  of  Washington  has 
trenched  nixm  the  rights  enjoyed  by  the  citizens  o^  the  United  States  in  virtue  of  .^hat 
instrument.  Her  Majesty's  Government  will  consider  any  communication  addressed  to 
tlieni  in  that  "iew  with  a  cordial  and  anxious  desire  to  remove  all  just  grounds  of 
complaint.  ,  .  ,    •       , 

I  have,  etc.,  ''^'  '  ^     ■ 

;^  SALISBURY. 

Appendix  A. — Collected  aflfldavits  of  American  fishermen  submitted  to  the  British 
Govermneut. 
Appendix  B.— Statutes  of  Newfoundland  applicable  to  the  fisheri-ys. 


216 


I   i, 


i     ,  I 


ALLEGED   OUTRAGE   UPON   AMEKICAN   FISHERMEN. 


Appendix  A. 

(1.) 
Deposition  of  Alfred  Xoel. 

Newfoundlaxd,  Central  District,  St.  John's,  to  wit  : 

Tluicxainiii<ation  of  Alfred  Noel,  of  St.  Jobn's  aforesaid,  master  mariner,  taken  upon 
oath,  and  who  saith: 

I  am  iiiaBttu"  of  the  schooner  Nautilus  of  this  port,  and  on  the  19th  day  of  December 
last  I  WHS  at  Long  Harbour,  in  Fortune  Bay,  in  the  Nautilus,  which  wis  anchored  off 
Woody  Island.  I  had  a  rvew  of  seven  men,  and  I  was  there  engaj^ed  in  the  herring 
lishery.  There  wiTe  snveral  American  schooners ;  seven  of  them  were  lying  off  Woody 
Island,  and  two  French  vessels.  This  island  forms  the  harbour  within  half  a  mileof 
the  narrows  of  Long  Harbour;  andotlierAnu'iicau  schooners  and  Newfoundland  fish- 
ing craft  were  inside  Wood.\  Island,  which  is  iho  inside  part  of  Long  Harbour.  All 
the  craft  there,  English  an«i  American,  were  hauling  herrings  in  seines  and  nets,  and 
the  Americans  were  purchasing  herring  *'rom  the  English.  Everything  went  oftqnietly, 
and  the  greatest  harmony  prevailed  until  Sunday,  the  (ith  day  of  January,  when  about 
half-past  2  o  clock  in  the  afternoon  five  seines,  belonging  to  the  American  schooners, 
were  put  into  the  water  by  their  crews  at  the  beach  on  the  northeast  side  of  Long  Har- 
bour. J  know  two  of  the  captains  by  name,  Dago  and  Jacobs,  belonging  to  Gloster, 
United  States,  but  do  not  know  the  names  of  their  schooners.  The  wholefiveseineswere 
barred  full  of  herrings,  when  the  English  crews  of  the  crafts  beionging  to  Fortune  Bay 
ordered  them  totakotheir  seinesnporthey  would  take  them  up  for  thiMu  ;  andtiio  For- 
tune Bay  men,  finding  they  wonld  not  do  as  they  were  re(nieste.d,  then  hauled  up  two 
of  the  American  seines,  but  without  any  damage  or  injury,  and  two  were  at  tlio  same 
time  taken  up  by  the  Americans;  and  at  the  same  time  a  seiuo  belonging  lo  Captain 
Dii„o  was  taken  up  by  the  Fortune  Buy  men,  the  herrings  thrown  out,  and  the  seine 
was  torn  up  and  destroyed.  Before  this  occurrence  ou  the  said  Sunday,  onii  of  the 
American  schconers  had  a  seine  barred  with  herrings  on  the  beach  at  Long  IInrlKiiir 
for  seven  diiys,  and  it  was  not  at  any  time  me(l<lled  with  by  the  Fortune  B;iy  men  or 
any  one.  Some  of  the  Fortune  Bay  men  had  nets  out  in  the  water  on  that  Sniiilay, 
and  the  same  had  been  there  during  the  week,  but  none  of  the  Newfoundhind  tisliOT- 
nien  attempted  to  haul  herrings  on  Sunday  at  any  time  while  I  was  at  Long  Harbour. 
Tiie  Americans'  practice  had  been  until  lately  to  purchase  herring  from  the  Newlbniid- 
land  fishermen  in  Fortune  Bay,  but  this  year  and  last  year  the  Americans  liavr 
brought  their  own  seines  to  haul  herring  for  themselves.  The  Americai\  seines  are  30 
fitthoms  deep  and  200  fathoms  long,  whilst  those  used  by  our  fishermen  are  I'i  to  13 
fathoms  deep  and  lt20  fathoms  long.  These  American  seines  are  used  for  barriiifj;  her- 
ring in  deep  water,  such  as  the  Fortune  Bay  Harbors,  viz.,  Long  Harbour,  Bay  del 
Nord,  and  Rpueoutre.  Our  fishermen  never  bar  herrings,  and  herrings  have  never 
been  barred  in  Fortune  Bay,  to  my  knowledge,  until  the  Americans  brought  the  lar^e 
seines  I  have  alluded  to  into  Fortune  Bay  and  used  them  there  to  the  disadvantage 
of  our  fishermen.  This  mode  of  barring  herrings  in  such  harbours  as  I  have  men- 
tioned is  most  destructive  and  ruinous  t<>  the  herring  fishery  in  those  localities.  I  do 
not  know  the  names  of  the  persons  who  destroyed  the  seines;  there  were  abont  eighty 
vessels  from  dillerent  harbours  of  Fortune  Bay  at  Long  Harbour  at  the  time  the  seine 
was  destroyed  by  a  great  lot  of  people.  I  left  Long  Harbour  for  St.  John's  ou  the  yist 
dav  of  January  and  arrived  here  ou  the  4th  instant. 

ALFRED  NOEL. 

Sworn  before  me  at  St.  John's  aforesaid,  this  dth  dav  Februarv,  A.  D.  l-^TH. 
(Signed)  •  U.  II.  PROW.'^K, 

J.  r.  for  ycwfoimdUind. 

: -^  ■■::•': -'^:  ;  '■'7'"  ■-■  (2.)    .,■,;;,- 

'      ■  *    ■  '  Deposition  of  Johu  Bumsey. 


Ckxthal  Disthict,  St.  John's,  to  icit : 

The  examination  of  John  Kumsey,  of  St.  John's,  master  mariner,  taken  upon  oath, 
who  saith: 

On  or  about  the  14th  November  last  I  sailed  fnini  St.  John's  to  Fortune  Bay  fora 

cargo  of  herring.    I  arrived  in  Long  Harbour,  Fortune  Bay,  about  Christinas  last.    I 

found  about  200  schooncirs  there  lookinsr  for  herring  ;  twelve  of  the  schooners  were 

.  AnipricnuH;  my  schooner  was  called  the  Briton,  six  hands  all  told.     I  got  most  of  my 

herring  between  Christmas  and  the  Hth  January.     Most  all  the  schooners  in  Long 


ALLEGED    OUTRAGE    UPON    AMERICAN    FISHERMEN. 


217 


ariner,  taken  npon 


LFRED  NOEL. 


taken  upon  oatli, 


IHirlionr  lay  inHidf  of  Woody  Island.     Woody  I.sland  i.s  aliout  three  niih's  from  tjie 

lentrance  of  Lonj;  Harbour.     On  the  .lorthern  sido,  rather  above  the  island,  there  is  a 

Ifine  beach  about  a  mile  long.    This  is  the  best  hauling  place  iu  Long  Harbour,  and 

Imost  «11  the  herrings  were  taken  there.     It  is  only  this  year  and   last  year  that  the 

lAmtriiaa  schooners  have  brought  dov;n  very  large  seii^s  for  eatching  herring.     I 

Ihavf  been  informed  that  some  oi  these  seines  were  250  fathoms  long  and  35  fathoms 

Idoei).    The  seines  which  our  Newfoundland  tishernion  use  are  about  ItiO  fathoms  long 

land  Ironi  H  to  UJ  fathoms  deep.     In  the  lir.st  week  in  January  ther*^  were  four  or  liva 

lAnifrii'iiii  Mi'hooners  who  had  the  beach  above  mentis. ned  barred  for  herring.     The 

Imode  of  inl)ariing  for  herring  is  as  follows:  When  a  place  is  selected,  generally  a 

Ijmnotli  bixicli  with  deep  water  outside  free  from  rockji,  a  party  is  sent  ashore  with  n 

Ijoii"  liii''  Iron!  one  end  of  the  seine;  the  seine-boat  then  goes  off  with  the  seine,  makes 

Is  hm^  swi'pp.  and  the  other  end  of  the  seine  is  then  brought  into  the  leach  also ;  thea 

Itlie  crew  begin  to  haul  together  on  both  ends  of  the  seine  with  long  sei  le  lines  running 

Iforo  ,iii<l  at't  up  and  down  the  beach  ;   four    r  five  seines  th!is  barring  herring  would 

coverall  the  liuMling  ground  on  this  long  beach  I  have  spoken  of,  an('   would  occupy 

all  tbe  best  ground  for  hauling  herring  in  Long  Harbour.     On  the   irst  Sunday  iu 

Janiiiiry  the  l>^*ach  was  barred  by  four  cr  five  large  American  seines.     On  that  day 

after  di'unei',  a  large  number  of  people  belonging  to  the  crews  of  the  Fortune  Bay 

|lcliooDer.>*  then  in  Long  Harbour  went  over  to  th<i  beach,  and  I  was  informed  there 

irerc  600  or  700  Newfoundland  tishermen  there.      The  Americans  had  barred  the  her- 

.ii);;,  ami  were  hauling  on  their  seines  on  the  Sunday  morning.    The  Newfoundland 

fisiilrmeii  told  the  American  captains  to  take  up  their  seines  or  they  would  take  them  up 

Bortlu'in.    All  the  American  seines  hen  taken  up  which  wore  set  on  a  Sunday 

Biueptone;  this  one  the  American  ca^ who  owned  't  refused  to  take  up.     The 

Sewt'onmlland  fishermen  theu  hauled  it  ashore,  took  the  herrings  out  of  the  seine,  and 

iccordiiig  as  they  hauled  the  seine  out  of  the  water  they  tore  it  up.     I  saw  the  .seine 

llheiiext  (lay,  Monday,  on  the  beach,  and  it  was  completely  destroye-'  ;  it  was  an  old 

jeeniidiiaud  seine,  and  very  rotten.     I  have  been  for  thirteen  or  fourteen  years  carry- 

jiisron  tliti  herring  fishery  in  Fortune  Hay,  and  during  that  time  I  have  never  known 

piir  NowfoiuuUanil  ti.sherman  •''o  haul  herrings  on  Sunday.     If  the  American  fishermen 

Hfri'peniiiitfd  t;>  bur  ln'rrings  in  the  way  that  thi'y  were  doing  at  Long  Harbour 

Biiiili.  nil  the  rest  of  the  craft  wonld  bi;  deprived  of  the  best  i)lace  in  the  harbor  to 

bill  lifrriuL;s;  and  such  a  uioiU^  of  fishing  for  herrings  is  most  injurious  to  the  fishery, 

knd  must  m  time  ruin  the  herring  tiMhery  then'.     The  Americans,  in  hauling  th  ir  long 

eiiu's,  often  removed  the  Newfoundland  fishermen's  nets  when  they  cauu)  in  their 

ray.    I  have  known  the  Americans  last  veai    to  have  herrings  burred  in  for  a  fort- 

bisihi.    liarring  kills  a  great  many  herrings,  and  makes  those  who  are  barrod  in  very 

bdor.    I  have  .seen  the  bottom  covered  with  dead  herring  after  the  seine  had  been 

hancd  tor  a  \v;ek.     The  American  schooners  heave  out  their  balUist  in  the  channel 

Ijetwieu  Wo.idy  Island  and  the  shore,  and  if  not  pievented,  will  soon  destroy  the  an- 

kbniajje  there.  , 

JOHN  RUMSEY,  bis  X  mark. 

Sworn  before  nu^  at  St.  John's,  this  9th  day  of  February,  A.  D.  1878,  l.aving  first  been 
lead  over  and  explained. 
(Signed)         •  D.  11.  PROWSE, 

J.  J',  for  Newfoundland, 
(3.) 

Deposition  of  John  Saunders. 

The  examination  of  John  Saunders,  of  Tickle  Beach,  Long  Harbo'.r,  taken  upon 
iWili.  and  wliii  saith  : 
In.laiiiiary  lust  there  were  a  great  number,  close  on  IOC,  schooners  and  boats  fishing 
briierrint;,  both  American  and  Newfoundlanderf>.     The  Americans  were  employing 

'  English  to  haul  their  seines  for  them.     There  wi;re  sonui  English  schooners  who 

1  seines  also.  One  Sunday,  I  do  not  know  the  date,  John  Hickey  laid  out  a  seine, 
kill  was  told  by  the  English  or  Newfoundlanders  to  tak(>  it  uj),  as  it  was  Sunday,  which 

did.  The  Americans  laid  out  their  seines,  assisted  by  the  ICnglish  employed  by 
Hem.    The  Newfoimdlanders  told  them  to  take  them  up,  as  it  was  not  legal  their 

liiii,  on  that  day,  beting  Sunday  ;  J.  McDonald  took  his  up.  Jacobs  upset  his 
^t  into  l'"arrel'H seine,  who  was  employed  by  him.  Farrel  was  barring  for  the  Ameri- 
kns,  and  was  not  allo<.v(>d  by  Jaeol)s  to  haul  his  .seine  until  the  hard  weathtu-  eame. 
|fti'r.Iacol)s  had  upset  his  seine  into  Farrel's  In-  took  it  up  toshoot  again,  and  threat- 

id  with  the  revolver  any  ono  who  interfereil.     Then  they  told  ilcCauley  to  take 

'ii)!.  lint  hi-  didn't,  so  the  pe  )ple  hauled  it  in  and  lore  it  up. 

[Idiiii'i  kiidw  any  man  concert  ed  in  the  destruction  of  the  net  that  I  eould  swcs'irto 
ptoiie,  .lohn  Pifnuu),  a  servant  of  Samuel  I'ardy,  who  was  at  "Jack  Fount.".ni."' 
IThere  was  no  other  reason  that  I  know  for  destroying  nets  but  for  fishing  on  Sun- 


218 


ALLEGED   OUTRAGE   UPON   AMBttlCAN   FISHERMEN. 


day,  and  bocaase  they  would  not  take  them  up  when  they  were  tohl.  The  Americant 
never  hauled  a  seine  before  that  day  ;  they  always  employed  the  Eugliah  to  hhc  their  i 
seineH,  and  bouj^ht  fluh  from  the  English.  The  only  reason  that  the  AmoricauH  laiil 
their  seines  out  that  day  was  bocatise  there  were  plenty  of  herrings,  and  no  Eut'li4 
man  would  haul  them,  being  Sunday,  excepting  Hickey,  who  had  been  coiniieljej  |« 
take  his  seine  up. 

Q.  Where  jloes  Pliilij)  Farrel  live  T— A.  In  Bay-de-North,  and  so  does  Thomas  FamL 

Q.  Was  any  obstruction  or  hindrance  placed  In  the  way  of  the  Americans  liefDreut 
after  that  Sunday  f — A.  No. 

Q.  Did  they  remain  in  the  harbour  until  the  close  of  the  season;  until  the  lierriDjr) 
Blacked  away  were  any  Americans  compelled  to  leave  the  coast  after  Ibis  cireiiDi. 
Stance  f— A.  No;  there  was  nothing  to  prevent  their  remaining,  and  they  reinainwl 
for  some  days,  until  the  weather  became  soft,  and  there  were  no  more  herrings  iuihJ 
bay.  Most  of  them  left,  but  one  American  nciioonor  remained  about  tbi'oe  wcckaatiei 
that,  when  another  lot  of  herrings  came  into  the  bay,  and  he  filled  up  and  wentawat 
the  next  fair  wind.     Jim  Boy  was  the  captain's  name.  '  I 

Q.  Do  you  know  any  American  of  the  name  of  Dagofj— A.  Yes;  he  has  pari  iniliiil 
seine.  The  Americans  hauled  their  seine  on  the  beach  itnmediately  in  frout  ul  nir  I 
property. 

Q.  Do  you  know  the  names  of  the  schooners  f^A.  No, 

Q.  Do  you  know  the  names  of  the  owners  of  the  seine  f — A.  Yes ;  Captain  Dago 
and  McCauley. 

Q.  Do  you  know  anything  the  Americans  did  by  way  of  revenge? — A.  TheAmeri 
cans,  in  revenge  for  the  destruction  of  the  net,  afterwards  drifted  their  vessels  all  I 
about  tho  bay  or  river  with  their  anchors  hanging,  and  so  hooked  and  destroyed  maDv  I 
nets,  about  fifty  or  sixty,  I  should  think.  The  name  of  one  of  these  captains  wail 
Smith — but  1  don't  know  tho  name  of  his  vessel— and  the  other  was  Pool.  Wcaill 
believe  that  this  was  done  in  revenge.  They  were  pretending  to  be  at  anchor,  wherel 
there  was  about  fifty  fathoms  of  water,  but  were  drifting  all  over  the  bay  and  hookiDjI 
the  nets ;  there  was  no  weather  to  cause  them  to  drift.  Our  small  boats  were  aucboredl 
oflf  the  beach.  We  had  never  any  difficulty  with  the  Americans  before  this,  but  wi!t«| 
always  on  good  terms  with  them. 

(Signed)  ,.    >        JOHN  SAUNDERS,  his  >^  mark. 

Sworn  before  me  at  Tickle  Beach,  Long  Harbour,  this  13th  day  of  Juno,  A.  D.hfl.l 
(Signed)  GEO.  L.  SULIVAN, 

Captain  and  Senior  Officer  on  the  Coast  of  Neufoitndlanl 


■  -     (4.)         -     ,.•,;•,■;■  .:':  \  ; 

'  Deposition  of  Mark  Bolt. 

The  examination  of  Mark  Eolt,  of  Tickle  Beach,  Long  Harbour,  taken  uiion  oaili 
and  who  saiiii : 

lamanatWe  of  Dorsetshire,  Euglaud.  1  have  been  in  this  country  twoiity-oMl 
years,  and  have  ^een  fishing  all  that  time.  I  have  lived  in  this  neigh boiliood  I'mirf 
teen  or  fifteen  years,  and  at  Tickle  Beach  since  last  fall.  The  grouhd  1  ()i'cii))y(W.i 
feet)  was  granted  me  for  life  by  Government,  and  for  which  I  have  to  pay  a  (ec.  Tkitl 
are  two  families  on  tho  beach  ;  there  were  three  in  the  winter.  Our  living  isdi'iwl-l 
ent  on  our  fishing  off  this  settlement.  If  these  large  American  seines  are  allowe(lt»| 
he  hauled  it  forces  me  away  from  the  place. 

One  Sunday  in  January  la.jtJohn  Hickey,  Newfoundlander,  came  first  and  liovol 
seine  out.     Five  Newfoundlanders  came  and  told  him  ti>  take  it  up,  and  lie  did  not;! 
then  others  came  and  insisted  up  Jn  it,  then  he  took  it  up.     If  he  hail  then  ri;fii<idli| 
take  It  up  it  would  have  been  torn  up. 

Then  Jacobs,  an  American,  came  and  laid  his  seine  out  and  hauled  about  KID  liamlil 
of  herring  in  the  big  American  seine,  and  ca)>sized  into  Tom  Farrel's  seine— iiXftf 
foundland  fisherman  employed  by  Jacobs  and  fishing  for  hhn. 

Philip  Farrel  was  also  fishing  for  tho  Americans,  being  master  of  McCauley 'sseinfJ 
The  Newfoundlanders  then  capsized  Tom  Furrcl's  seiue  of  fish,  who  was  only  listajj 
for  tho  Americans.  After  this  Jim  Macdonaid,  another  American,  threw  out  liis  siiotl 
Then  the  people  went  and  told  Macdonaid  that  he  was  not  allowed  to  fish  on  SiimlayJ 
and  he  must  take  his  seine  up;  and  he  took  up  liis  seine  and  carried  it  on  boardkiil 
vessel.  Jacobs  would  not  allow  his  seine  to  be  touched,  but  drew  a  revolver.  Tli(!| 
went  to  McCanley,  an  American,  who  had  laid  his  seine  out  for  barring  herrin|:;ilii'| 
American  also  employed  a  Newfoundlander  to  lay  his  seine  out.  The  Ne  wfonndlantel 
said  it  should  not  be  done  on  a  Sabbath  day,  and  they  resolved  to  tear  up  all  the  seinC 
they  conld  get  hold  of.  They  managed  to  seize  McCauley's  and  tore  it  np.  Tb^l 
would  have  torn  up  any  they  could  have  got  aC  if  laid  out,  whether  English  or  Anieii- 
can,  because  It  was  Sunday.    The  Americans  do  not  bar  fish.     This  was  tho  first  tiii»| 


GRMEN. 


ALLEGED   OUTRAGE   UPON   AMERICAN   FISHERMEN. 


219 


old.    The  American) 
EngliHb  to  use  their 
t  the  AuioricauN  laid  | 
tigs,  and  no  EuL'li4 
,d  been  compuUeil  to  | 

I  does  Thomas  Faml. 
B  Americans  before  iji  I 

tn;  nntil  thoherriDml 
ist  after  this  cireim. 
;,  and  they  reinaiiinl  I 
I  uion?  herrings  iuthi 
lout  three  wcelisatiet 
ed  up  and  weiitawa; 

i»;  he  has  i)art  iatliiil 
lately  in  front  of  my  I 


.  Yes ;  Captain  D 

«ugeT — A.  TheAmeril 
■if  ted  their  vessels  all  I 
d  and  destroyed  aianv  I 
[)f  these  captains  v(a)  I 
ler  was  Pool.  We  all  I 
to  he  at  anchor,  when! 
)r  the  bay  and  hooliiiiil 
,11  boats  were  auchoreJI 
8  before  this,  but  w««l 

[DERS,  his  X  marli. 

ay  of  June,  A.  D,  1  v 
3.  L.  SULIVAN, 
aat  of  Neu'foundlmi 


I  ever  know  them  to  do  so ;  they  usually  buy  the  fish  from  the  Newfoundlanders,  and 
also  barter  flour  and  pork  for  them,  and  I  have  never  known  anything  to  complain 
of  ajMinst  theiu  previous  to  this. 

Q,  Did  the  American  schooners  continue  to  fish  after  tho  destruction  of  McCauloy's 
Boinef— A.  Yes. 

Tti(.v(tlieAniencans)  continued  to  fish,  and  left  about  the  usual  time,  the  10th  March. 
I  (1(1  not  know  any  reason  for  tho  conduct  towards  the  Americans  except  that  they 
were  fishing  on  Sunday.  I  do  not  know  what  became  of  the  nets  that  were  torn  up; 
it  was  left  on  the  beach  for  some  days,  and  then  taken  aw»y.  1  do  not  know  who 
took  it  away;  tiio  Aniericuns,  perhaps,  but  I  dou'f  know. 

Till' .Americans  were  often  set  afterwards,  but  not  on  Sunday;  the  Americans  did 
not  l(Nive  off  catching  herring  after  this  on  other  days.  The  English  did  not  prevent 
tlie  AiniTicans  hauling  their  seines,  but  the  Americans  usually  employed  the  English 
to  haul  tlieni,  as  their  crows  ware  not  sufficient  in  number,  and  are  not  acquainted 
with  the  work.  The  American  crews  are  employed  salting  and  freezing  the  fish, 
while  the  English  employed  by  them  witit  the  American  seines  are  catching  th6m> 
The  seine  torn  iiir  was  being  worked  by  an  Englishman  for  McCanley,  the  American, 
namely,  Philip  tarrel. 

Jacobs'  seine  was  in  tho  water  a  right  and  a  day.  I  was  not  aware  that  it  waa 
illegal  to  haul  or  catch  herring  "oy  or  in  a  seine  at  that  time  of  the  year,  nor  that 
barring  is  prohibited  at  all  seasons,  nor  that  the  seine  must  be  shot  and  forthwith 
hanled,  but  have  heard  some  reports  to  that  effect. 

The  nearest  magistrate  is  at  St.  Jacques,  about  25  or  30  miles  from  this,  and  there 
is  no  means  of  communicating  with  him  excepting  by  a  sailing  boat. 

The  seine  that  was  destroyed  belonged  to  men  called  Dago  and  McCanley,  who,  I 
believe,  wore  each  of  them  captains  of  schooners,  but  the  names  of  the  vessels  I  do 
not  know. 

(Signed)  ■■■'-    -^  ;  V     '  MARK  BOLT. 

Sworn  before  me  at  Tickle  Beach,  Long  Harbour,  this  I'Jth  day  of  June,  A.  D.  1878. 
(Signed)  GEO.  L.  SULIVAN, 

Captain  and  Senior  Officer  on  the  Coast  of  Newfoundland, 

.  ,,  _  v:p;:0;,-;-;  --  -  ^   '  '  ^^^    ■  -;;  ■:^-"-  •  -  -^'^  ;';*v;'  '7[  i:\ ,.:.:,. 

'       Deposilioii  of  Richard  Hendriken,  . 


[lour,  taken  upon  OiitJ 

is  country  twontyoDil 

is  u<!ighborl!oo(l  I""'-! 

grouhd  1  oL'cu)iy(wJ 

[ve  to  pay  a  fee.   Tlietil 

Our  living  is (li'pi'H'i 

seines  are  allowed  Mr 

lame  first  and  hoveliiil 

lit  up,  and  hedidiioi;! 

Hi  hail  thtMi  refiisiiiuj 

lulled  about  101)  liamlij 
iFarrel'sseinc- iiNetj 

Isr  of  McCaulev'sseKl 

who  was  only  lislii»!| 
Ln,  throw  out  bis  si'iKl 
Vedtofl8honSumlavi.l 
carried  it  on  board  tel 
rew  a  revolver.  TMl 
t  barring  herring;  tli»r 
[The  NewfonndlanileN 
)  tear  up  all  the  seit^ 

and  tore  it  "p.    ''^ 
[her  English  or  Amen' 

[•his  was  the  first  tiif 


Tho  examination  of  Richard  Heu^^irikeu,  of  Hope  Cove,  Long  Harbour,  taken  njioa 
oath,  and  who  saith  : 

1  have  been  nine  years  in  Long  Harbour.  I  w.»s  here  in  January  last,  when  the 
American  seme  was  destroyed.  It  was  destroyed  on  account  of  liarring  herring  on 
Sunday.  I  was  watching  their  j)roceeiling8  from  the  point  opj>osit(>;  they  laid  their 
seine  out  and  went  to  haul  it  in  because  tho  English  would  not  haul  it  in  on  Sunday, 
and  the  liay  was  lull  of  iisli.  The  fish  would  have  remrined'.  The  Americans  gener- 
ally employ  some  Euglishmen  to  work  with  Iheirov  i>  i:i;.'v;  f  hey  don't  generally  lay 
out  their  owu  seines.  Captain  Dago  and  Samuel  Ji^cobs  woiii.l  ,»i....;..t  i n  nauling,  and 
hauled  once  and  barred  them  in  Fari-el's  net.  Fairel  was  working  *  .4  aim,  and  had 
been  liarriiig  herrings  for  several  days — perhaps  about  a  fortnight — by  the  Americans' 
orders.  I  believe  it  is  illegal  to  bar  herrings;  it  destroys  the  fish,  but  we  have  no 
power  to  stop  it.  It  is  no  good  telling  a  magistrate ;  the  Americans  take  no  notice  of 
them.  The  nearest  magistrate  to  this  place  is  at  Harbour  Briton,  25  or  30  miles  ofl". 
The  only  thing  to  let  people  know  what  is  right  and  what  is  wrong  is  to  have  a  notice- 
board  in  each  harbour,  and  some  heavy  fine  imposed  on  law-breakers. 

James  Tamel  is  harbour-maeter. 

I  don't  know  if  he  is  a  special  constable  or  not ;  but  Mr.  Enburn  told  me  he  was  to 
see  the  Yankees  did  not  heave  their  ballast  over,  and  that  their  measures  were  correct, 
but  tliey  would  not  listen  to  him.  They  ho"e  their  ballast  overboard,  and  had  tubs 
■22inclies  in  depth  instead  of  16  inches;  in  these  tubs  they  measured  the  tisli  they 
bought  from  the  Newfoundlanders,  and  they  would  not  alter  them.  The  fish  are  sold 
to  the  Americans  l>y  the  barrel.  For  100  barrels  it  is  usual  to  j)ay  for  DO,  which  is 
cousidered  fair,  but  a  flour  barrel  cut  down  to  16  inches  in  depth  is  the  proper  measure ; 
they  only  cut  them  to  22  inches  or  more,  and  insist  on  having  ^hem  filled.  The  ves- 
sels from  St.  John's  and  Halifax  always  take  the  i)roper  size  tubs,  but  the  Americans 
constantly  overreach  us,  and  choose  the  most  ignorant  to  deal  with,  or  those  who  are 
not  80  sharp  as  themselves,  fhey  generally  otherwise  behave  well,  and  we  have  never 
bad  any  quarrel  with  them  before,  but  have  always  been  on  good  terms.  If  the  na- 
tives did  not  see  the  laws  carried  out  themselves  there  might  as  well  be  no  laws,  for 


220 


ALLEGED    OUTRAGE    UPON    AMERICAN    FISHERMEN. 


there  in  often  no  one  olso  to  enforce  it.     It  i»  the  onlj'  way  I  know,  and  in  praMy  well 
ontlcrHtood  by  both  foreijjiH'rs  and  natives. 

(Signed)  RICHARD  HENDRIKEN,  his  H  mark. 

Sworn  before  me  at  Tickle  Beach,  Long  Harbour,  this  14th  day  of  .June,  A.  1).  1W8 
(Signed)  GEO.  L.  SULLIVAN, 

Captain  and  Senior  0£icer  on  the  Coast  of  NvwJ'oundlaiid. 

(G.) 

Deposition  of  Ambrose  Pope. 

The  examination  of  Ambrose  Pope,  of  Stone  Cove,  Long  Harbour,  taken  upon  oath, 
and  who  Naitli : 

I  was  at  Tickle  Beach  on  a  Sunday  in  January  last.  I  don't  know  the  dare.  1 8aw 
the  Newfoundlanders  hauling  a  seine  and  leave  it  on  the  beach;  it  viis  torn  in  haiiliiif; 
it  on  shore.  It  was  evening  when  I  saw  the  seine  hauled  on  the  beach,  and  it  wiw 
laying  there  when  I  left  the  beach. 

I  don't  know  if  any  was  carried  away.  I  don't  know  anything  more  about  it.  The 
Americans  we  thought  had  uo  right  to  haul  their  seines  on  Sunday. 

(Signed)  AMBROSE  POPE,  his  y.  mark. 

Sworn  before  me  at  Anderson  Covo,  this  15th  day  of  June,  A.  D.  18VS. 

(Signed)  GEO.  L.  SULIVAN, 

Captain  and  Senior  Officer  on  the  Coast  oj  Knuifoundland. 

.-■■  (7.) 

Deposition  of  James  Thariiell. 


The  examination  of  James  Tharnell,  of  Anderson's  Cove,  Long  Harbour,  tiikon  upou 
oath,  and  vho  saith: 

I  am  a  specia'i  constable  for  this  neighborh.)d;  I  did  not  see  anything  of  the  alleged 
outrage  last  January,  l>..t  I  heard  soniethiii.f  about  it;  I  believe  some  of  the  iiieu 
named  Pope  were  on  the  beach,  but  which  I  do  not  know. 

(»,  Have  you  formed  ::ny  o]>inion  as  constiible  as  1o  the  cau^e  of  the  dispute  ?— .\. 
Mr.  Sncllgrove,  of  the  cusloins,  and  myself,  from  what  we  weio  informed  of  the  eir- 
cumstances,  were  of  opinion  that  the  Americans  were  acting  illegally  in  shooting  llicir 
seines,  but  notwithstanding  that,  nothing  would  have  been  said  to  tluMii  for  that  had 
it  not  been  on  the  Sabbath  day.  The  men  forbid  them  haiili'.ig  seines  on  the  Sabl)ath 
day,  and  told  them  to  take  them  up  or  they  would  take  them  up  for  them,  and  what 
annoyed  them  so  much  was  that  the  Americans  drew  their  revolvers  ;  probably,  if  it 
had  not  been  for  the  threat  of  the  revolvers  the  seines  would  only  have  been  taken  up, 
and  not  torn.  They  asked  him  three  times  to  take  them  up  before  they  did  so  them- 
selves. 

The  people  were  not  aware  that  it  was  illegal  to  set  the  seines  that  time  of  the  year, 
and  were  only  promjited  to  their  act  by  the  fact  that  it.  was  Sunday.  We  all  consider 
it  to  be  the  jireatest  loss  to  us  for  the  Americans  to  bring  those  large  seines  to  catch 
herring.  The  seines  will  hold  y,000  or  :t,()00  barrels  of  herring,  and,  if  the  soft  weather 
continiiea,  they  are  obliged  to  kei-p  them  in  the  seines  for  sometimes  two  or  three 
weeks,  until  the  frost  comes,  and  by  this  means  they  deprive  the  poor  fishermen  of 
the  bay  of  their  chance  of  catching  any  with  their  small  nets,  and  then,  when  they 
have  secured  a  sufficient  quantity  of  their  own,  they  refuse  to  buy  of  the  natives. 

If  the  Americans  had  been  allowed  to  secnre  all  the  herrings  in  the  bay  for  them- 
selves,  which  they  could  have  done  that  day,  they  would  have  filled  all  their  vessels,  and 
the  neighboring  fishermen  would  have  lost  all  chance  the  following  week-days.  The 
peo|)le  believed  thattlu^y  (the  Americans)  were  acting  illegally  in  thus  robbing  tlieni  of 
their  fish.  If  the  natives  had  not  defended  themselves  by  enforcing  the  law,  there  was 
no  one  (^Iso  to  do  it.  1  was  sworn  in  as  a  special  constable  by  Mr.  Herbert,  the  magis- 
trate of  Harbour  Briton,  last  October. 

On  tiie  arrival  of  the  Americans  I  showed  my  authority,  signed  by  Mr.  Herbert,  and 
they  laughed  at  it,  and  said  it  had  no  stamp,  and  they  didn't,  therefore,  recognize  it. 

I  told  them  the  lawful  .size  of  <i  tub — sixteen  gallons — and  they  said  they  required 
a  bran<l  on  it.  I  have  no  means  of  branding  tubs;  there  is  no  means  to  brand  on  the 
coast,  iind  it  is  not  the  custom.  I  don't  know  if  it  is  the  custom  at  St.  John's  to  brand 
them.  I  have  cautioned  th((  Americans  about  throwing  ballast  out  inside  Hoodej's 
Island,  where  it  is  very  shallow  ;  but  they  have  continually  done  so  notwithstanding 
up  to  this.  There  are  now  several  shallow  places  there  and  in  the  cove,  where  the 
Americans  have  been  in  the  habit  of  throwing  out  their  ballast,  and  small  vessels  now, 


EN. 


ALLEGED    OUTRAGE    UPON    AMEUICAN    FISHERMEN. 


221 


i  i»  pretty  well 

bis  t>^  mark. 

nn<\  A.  1).  1W8. 

LLIVAN, 

fewj'oundlaiid. 


at't\vi!iity-«inl't  to  thirty  toiw,  repeatedly  Krouiul  on  this  balluHt  there  thrown  out  by 
thoAtiii^iio'ms-  ^  believe  there  whh  less  thrown  out  last  winter  after  1  spoke  tothnui 
about  it;  hut  1  have  no  power,  moral  or  otherwise,  to  enforce  any  rules,  and  they 
(lou't  Hooin  to  care  much  about  me, 

(Signed)  JAMES  THAKNELL,  his  ><  mark. 

Kwoni  before  me  at  Tickle  Ueach,  Long  Harbour,  this  14th  day  of  .Jimu',  A.  D.  1S78. 
(Signed)       "  GEO.   L.  SIJLIVAN, 

Captain  and  Senior  Officer  on  the  Coast  of  Newfoundland. 


(d.) 


iken  upon  oath, 

the  date.  I  saw 
storu  inhiniliiii; 
each,  and  it  wiis 

re  about  it.    The 

i,  hU  M  mark. 

■/s. 

3ULIVAN, 
Nuivfoundland. 


vXnnxr,  taken  upon 

introf  the  alle<;«il 
some  of  the  iiicu 

the  diHpute  ?— A. 
I'drmed  of  the  cir- 
'  )ushootinfj;tl«nr 
hem  for  that  liiul 
>s()n  the  Sablcith 
IV  them,  and  wliat 
Is ;  probably,  if  it 
v(^  been  taki'U  up, 
It  hoy  did  so  them- 

timo  of  the  year, 
Wc  all  consider 
bo  seines  to  catch 
ff  the  soft  weather 
Imes  two  or  three 
]  poor  fishermoii  of 
[then,  when  they 
]>f  the  natives. 
the  bay  for  t  hem- 
thoir  vessels,  and 
|wcek-day.s.    The 
.larobbin.ntliemot 
Jbe  law,  there  was 
[erbcrt,  the  uiagis- 

J  Mr.  Herbert,  ami 
Ifore,  recognize  it^ 
Lid  they  reqnireil 
Is  to  brand  on  tlie 
It.  John's  to  braml 
]  inside  Hoodeys 
1  notwithstanding 
L  cove,  where  the 
aall  vessels  now, 


Deposition  of  George  Snellgrove. 

llii^  examination  of  George  Snellgrove,  of  St.  Jacques,  Fortune  Bay,  taken  upon 
oiitli,  and  who  saith  : 

1  am  8ub-c()llecto.r  of  customs  for  the  district  of  Fortune  Hay.  I  went  to  Long  Har- 
bour on  the  Hth  January,  two  days  after  the  dispute  between  the  Americans  and  New- 
foundland fishermen  had  taken  place. 

Cai)tains  Jacolis  and  D;igo  informed  me  that  an  American  seine  had  been  taken  up 
bv  the  Newfoundland  lishormen  on  the  Sunday  previous  and  destroyed ;  that  the  seine 
beloiijitd  to  D.igo  and  McOauley,  and  that  they  had  other  seines  out,  ))Ut  they  had 
taken  tliem  u|>  when  they  found  that  the  other  was  destroyed.  One  of  these  captains 
said  tliat  tli(^  lishermeii  bad  threatened  to  take  up  the  se'ue  if  they  didn't  themselves. 
Captain  Jacobs  sliowod  m  j  a  revolver,  and  said  that  he  had  threatened  them  with  it. 
I  remonstrated  with  him  lor  doing  so,  when  ho  replied  that  1  couldn't  suppose  that  he 
was  really  goinn  to  use  it ;  that  he  only  did  it  to  frigiiten  th<mi ;  he  had  taken  care 
there  were  no  charges  in  it.  I  said  to  him,  "  Do  you  suppose  that  yon  would  have 
got  olf  that  be.'.ch  alive  if  you  had  used  it  J"  and  he  said  ho  never  inteixled  to  use  it. 

Captain  Warren  told  me  that  on  the,  lishermou  coming  to  haul  in  the  seine  that 
Captain  Dago  hailed  them  to  say  that  they  would  take  the  seine  in  themselves  if  they 
waited,  and  that  he  (Warren)  said  to  Dago,  "  It  is  too  late  now;  you  ought  to  have 
done  it  when  they  told  you  flrst;  they  are  too  excited  now." 

I  then  conimnnictaed  ^'ith  the  natives  of  the  place,  who  related  the  circumstances, 
and  gave  their  reasons  that  the  Amsricans  were  (ishing  illegally,  and  would  have  so- 
onreil  the  whole  of  the  flsh,  viiich  they  considered  part  of  their  property,  and  that 
they  would  liave  been  distressed  for  the  winter.  They  told  me  that  they  had  at  first 
told  tlitnn  to  take  up  their  seines,  and  they  refused;  that  Captain  Jacobs  had  threat- 
ened thcin  with  a  revolver,  but,  notwithstanding  this,  they  had  taken  up  one  and 
destroyed  it. 

1  saw  Captain  Jacobs  several  times  afterwards,  and  in  the  course  of  conversation 
with  liini  I  said :  "  If  I  had  been  there  you  would  not  have  been  allowed  to  shoot  your 
seine."  "What!"  ho  8ai<l,  "could  you  prevent  mof  I  said  "Yes;  I  should  have 
seen  the  law  earried  out  and  taken  your  seine  and  boat,  which  you  forfeited  for  break- 
iugthe  law,"  and  I  told  him  I  would  take  the  line  as  well  of  ,$200,  at  which  be  said : 
"l5o  you  think  I  care  about  paying  the  line?  I  could  jiay  the  tine,"  by  which  I  un- 
(lerst  lod  him  to  mean  that  the  line  was  not  worth  considering,  as  the  quantity  offish 
would  have  more  than  paid  for  it.  , 

Q.  Was  there  any  one  in  Long  Harbour  on  the  Sunday  referred  to  who  could  have 
entorced  the  law  and  protected  <^he  interests  of  the  lishermen  ?— A.  No. 

Q.  la  it  not  illegal  shooting  seines  at  all  at  that  time  of  the  year  ? — A.  There  is  an 
act  to  that  effect,  but  it  has  never  beer,  carried  out  in  Fortune  Bay,  nor  are  the  nati  ves 
aware  of  its  illegality  at  that  time  of  the  year,  nor  would  they  have  molested  the 
Americans  had  it  not  been  Sunday,  and  which  they  knew  it  to  be  not  only  the  law, 
but  the  infallible  custom  to  desist  from  fishing  on  that  day. 

Q.  Has  there  ever  been  to  your  knowledge  before  qu.arrelsome  disputes  or  ill-feeling 
between  the  Americans  and  native  fishermen f — A.  No,  never;  always  on  the  best 
termf.. 

Q.  How  long  did  yon  remain  in  Long  Harbour? — A.  T  iemained  till  the  12tb  January. 

Q.  Dill  you  observe  during  your  stay  in  Long  Harbour  whether  the  three  American 
captains  remained  and  continued  to  fish  or  not  ? — A.  I  did,  and  I  know  that  they  con- 
tiuued  to  fish  ;  they  were  not  molested  as  far  wi  I  know. 

Q.  Was  there  anything  to  cause  them  to  lefuve  the  harbour,  or  to  cease  fishing  ? — 
A.  No,  and  they  had  not  left  it  when  I  left.  There  were  no  further  disputes  to  ncy 
knowledge  afterwards. 

GEO.  THOS.  SN^LLUROVE, 
Sub-Collector  of  Her  Majesty's  Ciietoms. 

Sworn  before  me  at  St.  Jacques,  Fortune  Bay,  the  17th  day  of  June,  A.  D.  1878. 

GEO.  L.  S0LIVAN, 
Captain  and  Senior  Officer  on  the  Coast  of  Newfoundland. 


1  *44 


222  ALLEGED   OUTRAGE    UPON    AMERICAN    FISHERMEN. 

(9.) 

DepoHilion  of  Silas  Fudgv. 

The  nxaniination  or  Silaa  Fiid^e,  of  Hi^lluram,  Fortuno  Bay,  taken  npon  onMi,  jtnd 
who  fltiitli : 

I  mil  iiiato  of  my  fiitliur'H  HchooiuM'.  I  witiioHHotl  the  diHtiirbaiice  at  Long  HailMiiir 
on  .Sunday,  tho  tith  January  laxt.  I  am  certain  that  it  waHon  tlio  (>th  January  it  !<iip. 
pencd. 

1  Haw  the  Hoinos  in  tiio  water — two  of  them  American  and  one  En);IiH]i,  We  tolj 
them  to  take  them  n|i. 

John  Mickey,  tlie  KnKllHhman,  took  binnp.  McCanhty,  the  American,  wiioown<>)lthe 
otiier,  retuHcd  totake  his  up.  Tliere  wan  another  Heine,  wliich  I  didnotHee,  in  the  water, 
helon^in^rtoCaptaiii  Jacobs.  He  hadhiHin  the  boat  at  the  time.  Heliad  HhotoniMuind 
diHchiirj^iMl  hiH  Heine  into  Thomas  Farrel's,  who  woh  working  for  him,  and  was  noiiifj  to 
shoot  hiH  H(!ine  out  again.  I  saw  it  in  the  boat  rea(iy  for  Hhooting  when  the  crowd  c.itmei 
over.  They  6rst  spoke  to  McDonahl,  and  asked  him  if  he  woul<l  take  hisseine  up,  and 
he  said,  "  Yes,  if  1  am  forced ; "  and  they  then  went  to  Hickey  and  toUl  him  to  taiie  hiit 
up,  an<l  he  took  it  up ;  then  they  went  to  MoCauloy  and  asked  him  to  take  his  up,  and 
ho  said  ho  wouhl  not.  They  then  told  him  that  if  he  «lidn't  they  wouhl  take  it  up  for 
him.  They  then  wont  to  Jacobs,  and  told  him  they  would  let  go  the  herring  out  of 
the  seine  of  Toiu  Farrel,  who.was  an  Englishman.  Jacobs  then  drew  a  revolver,  and 
threatened  to  shoot  any  man  who  tonched  his  property.  The  crowd  were  very  excited. 
I  saw  them  haul  McCauley's  seine  in  and  tear  it  up.  That  was  the  end  of  the  row  that 
day.  Farrel  had,  during  the  previous  week,  secured  herring  in  the  American  seine,  and 
then  had  placed  his  own  round  them,  and  taken  up  the  American's.  This  was  dono 
before  Sunday.     It  was  in  this  seine  of  Farrel's  that  Jacobs  emptied  his  own  seine. 

Q.  You  know  that  the  Amori»iai.  fish  wore  in  the  Englishman's  seine ;  why  was  Far- 
rel's seine  ii! lowed  to  remain  f — A.  liecauso  ho  had  not  shot  it  on  the  Sunday,  but  on 
the  week-day. 

Q.  Are  you  aware  that  it  was  illegal  to  uso  seines  to  catch  herrings  that  time  of  the 
year?— A.  No;  I  don't  know. 

Q.  Did  you  believe  it  to  be  lawful  to  nae  seines  for  herring  that  time  of  the  yeart— 
A.  Yen,  I  thought  so,  as  far  as  I  could  understand.  1  suppose  the  Americans  thought, 
with  reference  to  the  destruction  of  the  seine,  that  we  did  it  in  envy  of  them,  but  it 
wasn't  ;  but  it  was  from  regam  to  the  Sabbath,  on  which  day  wo  never  fiHh. 

Q.  How  far  from  the  boach  were  tho  American  soinos  nhot  ? — A.  Close  to  the  beach; 
the  hauling  lines  were  on  the  beach. 

The  Americans  remained  in  the  bay  after  the  occurrence  for  several  days  ;  they  were 
never  molested  or  interjbrod  with  afterwards ;  they  continued  to  fish  until  they  left 
the  harbour;  they  were  not  compelled  to  leave  the  harbour,  but  I  believe  they  wore 
DDsnccessful  on  account  of  the  bad  weather  and  for  want  of  frost. 

SILAS  FUDGE. 

Sworn  before  me  at  St.  Jacques,  Fortune  Bay,  the  17th  day  of  June,  A.  D.  1878. 
(Signed)  GEO.  L.  SULIVAN, 

Captain  aud  Senior  Officer  on  the  Coast  of  Netcfoundland. 


:  /:  (10.) 

Depoiition  of  John  Cluett. 

The  examination  of  John  C  luett,  of  Belloram,  Fortune  Bay,  taken  upon  oath,  and 
who  saith : 

I  was  in  Long  Harbour  one  Sunday  in  January  last. 

Q.  Did  you  see  anything  of  the  quarrel  between  the  Americans  and  other  fisher- 
men T— A.  I  did. 

Q.  Tell  me  what  you  know  of  it  t — A.  They  commenced  hauling  herrings  on  Sunday, 
about  midday.  The  first  American  seine  shot  was  Captain  Jacobs'.  There  were  two 
more  American  seines  shot.  There  was  an  Englishman  working  for  tho  Americans 
who  had  a  seino  moored  there  for  several  days,  but  it  was  noli  shot  or  attempted  to  be 
hauled  on  tho  Sunday. 

Tho  first  seine  we  came  to  was  Captain  McDonald's.  They  askedhim  if  he  was  going 
to  take  his  seino  up.  Ho  said,  "  If  we  are  forced  to  take  it  up  we  will ;"  and  we  told 
him  if  ho  didn't  take  it  up  we  would  take  it  up  for  him. 

The  next  we  came  to  was  a  man  belonging  to  Fortune  Bay,  called  John  Hickoy,  an 
Englishman,  and  wo  told  him  to  take  up  tho  soiuo,  and  he  said  he  would  take  it  up, 
and  he  did.     The  next  wo  came  to  Peter  McCauley,  and  we  told  him  the  saino  as 


ALLEGED    OUTRAGE    UPON    AMERICAN   FISHERMEN. 


223 


npnn  oittli,  iiiiil 


j;liHh.     Wo  (old 


i  that  time  of  the 


ILAS  FUDGE. 


■01) 

Hl'illl 

|ali>iii' 


L  ,  i.tiicrs,  and  lu'  Jvfii'W!*!  to  tiiko  it  u|>.     Tiioii  wo  wtMit  on  to  CHptiiiii  .Fiicolm,  mid 

I  I'lii  wf  !:•>•  •"  ''•'"  '"'  ^^'"''  '"  ''•''  "l*'*^!  "  little  oli'  tlio  flmiT.  llo  had  jimt  iiiiiih^d 
If '',,iii ,  .,,,,1  sliot  lluMii  into  Fuind'H  ^eiIn•.  wlio  wjiM  woiklnu  for  him.  'I'hi'v  romoii- 
Liriicd  iilioiit  liifal<iiij{  tli(i  law  and  lishiiijj  on  Sunday.     'I'lit'iti  wai  an  aitt^rcation 

II  .iwci'ii  iih.  "''  ""'•'  '"'  ^^■""'•'  ilt'iVnd  liisHcinc  it'  tln'y  tondicd  it  in  a  thrrattMiin^ 
In'  V  1  linii't  know  wliat  ho  said.  TIhto  wbh  a  nn-at  crowd,  and  ho  was  in  an  awfnl 
'tii'i'  aii'l  I  lii'ard  tlnit  lio  diow  a  rcvolvi-r,  Init  1  didn't  8<'o  it.     Ho  tln-n  took  liiMHcino 

lioanl.    'I'lit'M  111!  tho  Hciiics  woio  takt^n  nj)  hut  Kairel'M  and  Mi:Cunh\v'»<.     l-'arnd'n 
wiiH  not  tonihod  h('L'i".iMO  it  wuh  not  laid  on  that  day, and  tlioy  tliorot'oro  lot  it 
aillion;;!!  .lacohsV  IihIi  w«mo  in  it;  l*nt  ^IcCanl«)y'^4  Hoiiio  watt  takon  n|i  and  do- 
Zw\i''\.  »"<l1liiit  is  all  I  know. 
n.  Did  till'  American  captain  rciiniin  in  tho  harhonr  nflt^f— A.  Yos;  I  think  ahont 
r'riniulit,  I'lit  porhajm  more.     They  continntMl  to  IIhIi  and  haul  herring;  on  wt^-k-days 
lull  not  on  Sunday  an'iin. 

(I.  Were  llicy  over  niolt'nted  or  interfored  with  in  any  way  Huh8C(|nently  or  nott — 
j\  Viit  to  my  knowlc<lj;u  ;  tlioy  remained  thcro  an  lonj;  aH  they  clio.sc^,  and  tl»>ro  waH 
ii.v  raiiy  more  dispute.  I  don't  know  that  it  is  illef^al  to  haul  Hoinc^s  that  timo  of 
flicvcar.  1  liiive  lu-ard  of  tin^  law,  but  1  have  novcr  Keen  it  carried  out ;  it  liad  noth- 
■ui'todo  willi  tliis  (liHputo.  Tho  only  cauNe  of  it  waH  on  account  of  its  lioing  8ab- 
nUi,  1  never  saw  horrings  hauled  on  a  Sunday  before,  either  by  American  or 
ii;;lisl)iimn. 

Tilt'  AiiiericnuH,  by  hauling  herring  that  day  when  tho  EngliHhmen  could  not,  were 
oliliiiid  llieni  of  their  lawful  and  junt  chance  of  Hccuring  their  Nharo  in  them,  and, 
iirtiii'i-.  liad  they  Hccnred  all  they  had  barred  they  could  have,  I  Ixdieve,  filled  every 
issilofiheirH  ill  tho  bay.  They  would  have  probalily  frightened  tho  rest  away,  and 
t  Hdiild  have  been  useless  for  tho  P^nglish  to  stay,  for  the  little  left  for  them  to  take 
;hev  could  not  have  sold. 

riio  AmencanH  would  have  a  better  chance  than  the  English  any  day  on  account  of 
lb'  size  of  their  nets,  but  the  English  would  have  had  their  fair  chance  the  next  day, 
iiiiitlieytlionglit  ihoy  wore  jnstilied,  in  the  absence  of  any  propcsr  authority  or  power 
tiilbrci;  the  law,  to  defend  their  rights  theniNcl  ves.  There  is  no  power  or  authority 
enforce  th<!  law  on  all  parts  of  the  coast,  and  none  nearer  to  Long  Harbour  than 
iliont  lid  or  10  miles. 

If  tlicn^  was  not  a  good  feeling. and  nnitual  iinderHtanding  between  all  tishermen, 
ktluT  f'onigners  or  Englishmen,  there  would  Ite  no  law  carried  out  or  uphold  at  all, 
lit  ilicro  was  always  prior  to  this  a  very  goc  '  feeling  and  a  nintnal  understanding  bo- 
wiiMi  the  Ainericaus  and  ourselves,  and  I  don't  know  anything  to  prevent  th(^  same 
fiitiue.  After  t  he  destruction  of  McCauley's  seine  some  of  tho  Ameiican  schooners, 
me  of  which  was  Petn*  Smith's,  drifted  about  tho  harbor  among  the  lishermen's  nets 
ben  blowing  hard,  with  their  anchors  hanging  to  their  bows,  and  destroyed  several 
ifis,  I  don't  know  if  this  was  done  out  of  revenge  or  not.  I  ilon't  think  it  was  done 
nrimsely. 

(Signed)  JOHN  V.LUETT. 

Swmn  before  me  at  St.  Jacques,  Fortune  Bay,  this  17th  day  of  June,  A.  D.  1878. 
(Signed)  GEO.  L.  SULIVAN, 

daptain  and  Senior  Officer  on  the  Coast  of  Newfoundland. 


and  other  fisher- 


•    :-7'<Ar'  (11.)  .  :-:.r-\ 

Dejwsition  of  Charles  Dagle. 

"  Gloucester, /-'e&rKflrj/ 19, 1878. 

■I,  Charles  Dagle,  master  of  tho  American  schooner  Lizzie  and  Naniari,of  Rockport, 
loon  oath  depose  and  say : 

[Tiiat  I  Hailed  from  Gloucester  on  the  6th  December,  1877,  for  Fortune  Bay,  New- 
piimlland,  for  a  load  of  heri.'ng.  The  last  year  (1877)  I  had  stdd  a  seino  and  boat  to 
Mies  ill  Newfoundland,  aiui  they  were  to  supply  mo  with  herring  in  payment  for 
'b  seino  and  boat.  I  arrived  at  Fortune  Bay  about  tho  lOtli  December.  I  was  at 
lOnu  Harbour,  Newfoundland,  with  my  vessel  on  the  Gth  January.  Saw  tho  seines  of 
le  American  schooners  New  England  and  Ontario  destroyed  by  tho  fishermen  of  Ne  w- 
Iniiilland.  There  isa  decided  objection  tousiug  netted  or  gill-net  herringfor  freezing 
prposes,  as  these  herring  die  in  a  short  time  after  bei'i;;  taken  in  gill-nets.  When 
fnaro  seined  they  can  bo  kept  alive  on  the  radius  of  tho  seine  and  taken  out  alive 
1  the  weather  is  suitable  for  freezing,  while  tho  netted  herring,  being  dead,  must 
kilted  or  spoil ;  consequently  the  seined  herring  are  tho  best  for  our  purposes,  and 
E  what  tho  American  vessels  want  for  our  mai-kot.  Knowing  this  fact,  the  New- 
iBoillaiHl  fishermen  had  endeavored  to  obstruct  in  every  way  the  taking  of  herring 


224 


ALLEOKD    OUTRAGE    UPON    AMERICAN    FISHERMEN. 


Willi  NciuoH,  iiM  tlit^y  im<<  |>riii<'i|ially  Kill-ii<<tN;  tlioy  |>Iii('«mI  tli<>ii-  lu^tH,  wliicli  iiriwl 
IMTinaiii'iitlv,  HO  IIS  to  liiiiil<T  \\w  iiH  im  oi'  HoiiieN.  On  tli(t  <itli  .liiiiiiiiry,  iHr-^,  tlii'ii„.{ 
riiiK  liiiil  I'o'iKt  iiiMliui'x,  HO  tlint  llii'y  \v(>ro  iimitlM  tlni  ;;ill-iii>tH,  tliiiH  ^iviiiyr  imr  |ii'ii|,|,| 
an  (i|i|i()rtniiitv  tom^iiio  tln'iii  without  iiitfifciiiin  witli  tlH-^ill  ii<>f.H.  On  tin-  Aiiiiriiaj,! 
titt<MM|itiiiK  to  put  their  m-iiicH  In  tiio  wutiT  tht«  Ntnvl'onnilhinil  li^<ii<Tiii('ii  ilnvutiiiriil 
to  ilt'Htroy  thciii,  and  wlii-n  oiir  liHiit'i-nit>n  had  taken  tiii-ir  himih-h  lull  ol'  lu'rijn.', ii,,! 
Ntnv  found  lundiTH  came  down  to  tin'  niiinlifi'  of  '2110,  wi/.<>d  and  d<>slroy<-d  tin- mihi'^  I 
lettin;^  out  tint  lisli,  and  aftcrwarilH  slole  and  I'arri'.'d  oil'  tlir  rtiiinanlH  of  tlir  scmril 
On  account  (d'this  viidenr(<  and  llio  olmtnict Ioum  idaccd  in  the  way  of  my  nirn  ii|i,.|,|,| 
in^  iJio  Hciiif,  i  was  iinnMo  to  |irociirc«  n  ciir^o,  and  have  ri^turncd  williont  a  lnniDtl 
If  1  had  III'";,  aiiowcd  th<>  iinvili'j;c  ^iiaiiiiitei'd  liy  the  \Vasliiny;ton  rreiiiy,  I  idiiI^I 
have  ioadi  d  my  veHHel  and  all  the  Ameiiciin  vessels  eoiild  have  loaded.  'riirN|.,.| 
foiiiidland  |.ei>plu  arodelermined  Ihat  the  AiiieriiNin  lisliermun  hIiiiII  not  take  JiiTriuil 
on  thoir  shoreH.  The  Ameiii'iui  Hoines  lieliij;  very  larjje  and  Niiperior  in  every  ri'.|int| 
to  till)  iiotH  of  the  Newlbiiiidliinders,  they  cannot  competo  with  them,  'i'liesi' MiiMl 
are  tin;  mackerel  seines  which  are  used  in  Hiimmer  for  niaekorel  iind  aro  ><'ltiii.;  iiit| 
herring.  \V lien  t hoy  are  plentiful  we  emi  take  from '.',((00  to. 'i, ()()()  hurrols.  T'lr  s'lndl 
and  lioatH  we  use  costl.yod  dollarn  when  new,  and  are  toocxjienHivo  for  the  j;i'iiii;i:in| 
of  Newfouiidlaiid  lishiM-nien,  and  they  would  have  no  use  for  seines  only  iliiiiu;;  |M 
herring  Mt-usou,  while  wo  can  uho  tbow  both  summer  and  winter,  uiul  thus  iiiukr  tlital 
pay  for  their  uroiit  cost. 

My  loss  by  these  actHof  violeni-e,  and  Ixuii^j  deprived  of  my  ri;;htH  ntiiler  tlit'\V;i«.] 
iuf^ton  Treaty,  is  fully  5,(11)0  dollars,  which  I  claim  as  indemnity.  Tiie  nelteil  licrnml 
are  strangled  whilv  caught  by  the  head  in  the  net,  and  the  eyes  turn  red  from  .siiiliiei.[ 
tion.  They  will  not  kisep  so  long  as  Hcined  herring,  which  are  free,  to  swim  iiiNiiliilif| 
seini.',  aud  are  dipjied  out  alive.  The  netted  herring  will  not  sell  in  the  New  Yurk| 
market,  while  the  seined  herring  preserve  their  bright  appearance  and  sell  raimllv. 
(Signed)  CIIARLKS  DACM], 

MaaUr  of  Schooner  JJ::iv  unit  S'tinm. 
EsSBX,  «s; 

Glouckstku,  February  11»,  W,i 

Personally  ajipeared  Charles  Dagle.  masterof  schooner  Lizzie  and  Namari,  who  sab.  | 
scribed  and  made  oath  to  the  foregoing  stutemeut. 
Bofore  me.  • 

(Signed)        ,  ADDISON  CENTIIK, 

'         '^  Justice  of  lite  "■\m. 


'■  •  (ISi.) 

DeposittoH  of  H'illiam  II.  McDonald. 


Glouckstki!,  Ffbritarii  11),  Wi 
I,  William  H.  McDonald,  masterof  the  American  schooner  u'illiam  E.  ,M(  Doualii.ofl 
Gloucester,  do  on  oath  deiio.so  and  say  : 

That  I  liave  juet  returned  from  Newfoundland,  where  I  have  been  for  a  load  cflier-l 
rinj<.  I  was  at  Long  Harbour,  Nowfoundlaiid,  when  the  seines  of  the  schooiic'sNeii 
England  and  Ontario  were  ih^stroyed.  I  had  gone  on  shore  and  w.-tvt  on  the  lii'ailuil 
the  tim<\  The  Newlonndlaiiders  were  iniicli  exciti'd  because  of  our  use  of  tlii'  liiri,ij 
seines,  which  for  the  lirst  time  were  used  last  winter  there.  The  Xewfoiiiidlaiul  I 
erinen  had  siiiiic  largo  rocks  otf  the  beach  in  order  to  catch  the  seine  i  and  tear  tlitm,! 
and  had  luit  '<.'ir  gill-nets  where  they  would  obstruct  the  use  of  tho  .seines,  'flies*! 
means  ♦'..ilinir,  .,-  the  herring  were  close  inshore,  they  took  to  jiersonal  violeiici',  audi 
destiuyed  cie  jIuo  com]iletoly,  and  made  the  others  take  them  ui>  and  ielc'iisi'll)«| 
tisli.  I  had  a  ■  „Mne,  hut  was  not  allowed  to  u.so  it.  The  nets  they  placed  in  tliiiwajl 
and  kept  there  only  for  the  jmrpose  of  obstructing  onr  operations  with  seines,  us  tiifjl 
took  no  herring  there,  but  let  the  nets  remain  till  they  rotted.  I  can  fully  eiiil(iisollit| 
statement  of  Cajitaiu  Dagle  in  all  particulars.  My  vessel  is  a  lirst-chiBs  vessii 
with  the  time  and  expense,  and  with  the  loss  of  herring,  I  have  sustained  u  ksnil 
fully  .'>,OflO  dollars  to  myself  and  owners,  and  I  claim  that,  under  the  Treaty  of  \V;ijIi-| 
ington,  I  have  a  right  to  the  herring  fisheries  and  claim  indemnity  for  tiiis  severe  Id*! 
(Signed)  WILLIAM  H.  MCDONALD,  ' 

Essex,  «« : 

Personally  appeared  William  H.  McDonald  and  subscribed  and  made  oatlitolli»| 
above  statement. 
Before  rae. 

(Signed)  AARON  PARSONS, 

Juatict  of  the  /'?««■ 


IIIHRMEN. 


ALLEGED    OIJTKAOE    l.FON    AMEUICAN    FI8UEKMEN. 


225 


>ir  iiutM,  wliicli  uri'^i 
jiminry,  Irt'-*,  tliobf 
ImsK'viiiK  our  poopl, 
"tf*.    Oil  tlif  Aiiitriui»l 
I  liHlicniu'ii  lliiiatfi^l 

'■H  Cull    lit'  lnTri||;,M||,l 

I  (Icsti'oyt'il  tlii'Hcins,! 
I  iiiiiaiit.s  (if  llii'Ki'indl 
«a,v  of  my  niiii  u]mt^\ 
iK'tl  wiilioiii  n  iicrnntl 
iiiiy;I(iii  I  rnilv,  I  ciiuiiij 
ivc  loaded.  Tli,.  \et.[ 
hIiiiII  not  tiikc  licrrinil 
i)«ri<)r  in  fvciy  rciifiil 
til  tlu'in.  ThrHKM'luiil 
lO  and  ar»  Mctiinir  iA 
DOIiiirrolN.  T'lc  M^inetl 
iMivti  lor  tho  ),'i'iifi;i;iij[ 
««iiu's  only  (liiriii;;ilifl 
1-,  und  thiiis  iiiaki'  ikA 

i;;lit8  umlcr  tlioWaskl 
,'.  Tho  iieltt'd  licrrinji 
I  turn  roil  iVoni  siiiroti.! 
t'ri'O.  to  Nwiiii  iiisidialirl 
Midi  in  tlio  New  Yiirk| 
nco  and  Hidl  rivpidlv. 
lHLKS  DAlil-K, 
•;•  lAzziv  and  Xamari. 

:u,  Fehruari/  ID,  18;«, 
i  and  Naniaii,  wlinsnb-l 


ISON  CENTKR, 

Jiisticf  of  llie.  "■Met. 


Fehrnary  10,  iPT 
liuu)  E.  McDouald.ofi 

)«'(!n  I'or  a  loiulcfiiet-l 

)('   tlU!  HChodlll'.'.S  Ni!t] 

wiiN  on  the  ImmcIuiI 

our  use  of  the  lati,t| 

Xewfoiindlaiiil  tisli-j 

Ni^ino  (  and  tear  tliful 

f  t  lio  seincH.    'fhesel 

x'l.sonal  violi'iii'i',  undl 

m  nj)  and  loli'iise tbel 

bey  placed  in  tliuwajl 

s  with  seines,  astliffj 

can  fully  fiidorso  lilt  I 

lirHt-ulass  vi'ssri,  Mdj 

vo  Bustfiiued  a  IossdII 

the  Treaty  of  \\M 

_ity  for  this  severe  lial 

M  II.  Mcdonald,  * 


and  made  oath  tothll 


>f  PARSONS, 
ustict  of  the  Peaa- 


(13.) 

IhjHmUiuu  of  Jamw  McDonald. 

Olouckhtkk,  February  IK,  1«78. 
1  .liiiiicM  MiDonald,  iiiuHter  of  tbo  American  Hchooner  F.  A.  Umith,  of  (ilouccHter,  do 
liiittli  il*'P'>He  and  nay  : 

riiat  till'  niihI  Hchooiier  was  ( luirtore<l  by  (Jetirge  VV.  I'lumerand  otJiers,  of  (iloiirtis- 
loi  11  voyajje  to  Newfoiiii<lliui(l  for  lierrin({-     I  Mailed  from  UloiineHter  on  tho  !/l)ili 
loviiiilit!!,  if^JT,  and  arrived  at  Long  llurlmnr,  Newfoundland,  on  or  about,  tlie  L'itli 
UlcuiIhii'.  W7'     I  carried  a  larj^e  purse  seiiie,  siicb  nn  \:\  used  to  take  mackerel,     Tho 
(iiio  willtiike  4,000  barrelnof  dub.     i  employed  Nowfoundland  lisbermcM  to  operate 
Hi'iiio.    1  sef  my  seiii*'  twice,  but  without  catchinj;  anything,  as  my  wdne  waH  torn 
ro(  kH  tliiit  had  been  loil  olf  tlie  beach.     On  the  Otb  January  the  herring  made  their 
)|H,iruiit:n  ill  great  numbers,  and  the  opportunity  t<»tak(i  a  h»rge  haul  was  improved 
y  my  iiifii,  an<l  we  'ook  at  le    it  1,000  barrolH,  enough  U.  load  my  veHHcl  and  one  other. 
lie  NcwfoiiiKlland  (isberin  n  cauio  ofV  in  their  boatH  and  toUl  iifc  to  take  my  Heine  up, 
Ihoy  would  take  it  up  for  me,  aud  that  they  would  cut  it  up.     There  were  about 
I  iiii'u  engaged  in  this  violence,  and  my  own  crew  consiHting  of  «ix  men  i  eouhl  not 
iisi,  lint  wa.s  ohli<;ed  to  take  up  my  seine.    I  »awtbe»eiiieM  of  the  Hchoouera  New  Eiig- 
II (I  mill  Ontario  deHtroyed,  and  knew  that  mine  altto  would  be  destroyed  if  I  did  not 
ki'  it  lip.    My  Moiue  was  not  attached  to  tne  Hhoro  when  they  came  otV,  aud  the  attack 
J  iiiit  WAX  made  in  boatH.     After  dcHtroying  theutbr^r  Heines  they  all  mtule  for  me,  aud 
.V  iiuly  mifety  was  to  gather  <.ip  my  Heine.     I  lout  all  my  tinb,  and  the  Newfoundlnnd 
'sbfriiinn  iiiit  all  tlie  obHtructions  tboy  could  in  tho  way  to  prevent  the  use  of  our 
liifn  al'itn  'hat.    From  my  knowledge  of  the  facth  I  do  Hay  that  the  Newfoundland 
IkLimiiii'ii  an-  determined  to  prevent  American  llshermen  from  using  tboHhore linhorieH. 
(ijii.sidi  r  that  the  Iomh  ta  the  vesHcl  and  the  charter  party  at  not  lew)  than  r),000  dol- 
ls, mill  under  tho  Treaty  of  WaHhington  I  have  been  deprived  of  my  rightfl  aH  an 
.iiKMliaa  citizen,  and  full  indemnity  Bliould  be  allowed  for  the  outrage.     1  have  read 
iiii' stiiteiiicnt  of  Captain  Daglo,  and  know  it  to  be  true  iu  all  its  particularM.     The 
illtct  of  this  treatment  will  be  to  doHtroy  the  American  litthing  for  herring  at  New- 
iiillaiiil.    There  are  annually  about  100  voyages  by  American  vohhqIh  made  for  her- 
ii;;  to  Newfoundland.    The  Newfoundla'.d  iiahermuu  were  taking  herring  on  the  uaiue 
IV  tliii  oatrages  before  stated  occurred. 
'     (Signed)  *  JAMES  McDONALD. 

Gloucester,  February  20, 1878. 

rcrHoiially  appeared  the  above-named  James  McDonald,  master  of  the  schooner  F. 
,  Smith,  who  subscribed  and  made  oath  that  tho  foregoing  statement  is  true. 
Before  1110. 

(Signed)  ADDISON  CENTER, 

Justice  yf  the  Peace. 
(14.) 

Deposition  of  Charles  H.  Nute. 

Gloucester,  February  11>,  1878. 

I,  Charles  IT.  Nute,  master  of  tho  American  schooner  Edward  E.  Webster,  of  Glou- 
|e.ster,  ilo  on  oath  depose  and  say :  • 

■  That  1  have  Just  returned  from  Newfoundland  where  I  Itave  been  for  a  load  of-her- 
jinu.  J  went  for  tho  purpose  of  co-operating  with  other  Ameriean  vessels  in  the  use 
|l  tlu  ii  koines  in  taking  herring.  1  was  at  Long  Harbour,  and  saw  the  destruction  of 
'«'ii)i'H  of  the  American  Hclioonors  New  England  and  Ontario.  1  have  seen  tho 
jtateiiu'fii  ofCajitain  l*agle,  of  the  American  schooner  Liz/io  and  Namari,  and  siib- 
liiili'  all  l;e  has  stateii.  I  have  returned  witho'.it  a  herring  for  the  same  reasons. 
Uvii^tiial  liiNS  in  time  of  vessel  and  crow,  with  herring  I  should  have  bought  had  I 
kiit  been  provcnied  by  the  inhabitants  of  Newfoundland,  is  fully  f>,(  ;)0  dollars;  and, 
rviiij{ti' being  dejirived  of  my  rights  uniler  tho  Washington  treaty,  1  hereby  olaim  that 
Iniminl  as  indemnity  for  the  wrong  done  me  and  the  owners  of  tlie  vessel. 
(Sighed)  CHARLES  II.  NUTE, 

Master  Schooner  Edward  B.  Webster, 

Gloucester,  February  20, 1878. 

'•  Personally  appeared  Charles  H.  Nute,  master  of  schooner  Edward  E.  Webster,  who 
tibscribed  and  made  oath  that  the  foregoing  statement  is  true. 
Before  me. 

(Signed)  ADDISON  CENTER, 

Justice  of  the  Peace.  ■ 
S.  Ex.  113 15 


226 


ALLEGED   OUTRAGE   UPON   AMERICAN    FISHERMEN. 


(15.) 
Deposition  of  David  Malamon. 

Gloucestkk,  February  ao,  l«i 

I,  David  Malausoii,  master  of  the  American  schooner  Croat  of  the  Wave,  of  G!»| 
coster,  Massachusetts,  do  on  oath  depose  and  say  : 

That  I  sailed  from  Gloucester  on  the  8th  Deceml)er,  1877,  on  a  voyage  to  Nowfom^,! 
laud  for  herring.     I  arrived  at  Long  Harbour,  Newfoundland,  on  the  *M  Dcccmw! 
1»77.     I  was  interested  in  a  seine  carried  by  the  schooners  New  England  and  Oiitariil 
I  was  at  Long  Harbour  op  the  6th  January,  1878,  and  was  on  the  beach  whuii  tbeXeJ 
foundlanci  fishermen  destroyed  the  seine  belong  to  these  vessels.    The  herriiijrdjiii^l 
strike  inshore  until  that  day,  and  as  it  is  very  uncertain  how  long  they  will  rcinaul 
it  is  imperative,  for  successful  prosecution  of  the  business,  to  take  thom'wbin  tbeyi 
inshore.     By  means  of  our  large  purse  seines  we  can  inclose  the  herring  and  kecptheJ 
alive  a  month,  if  necessary,  as  we  need  to  have  freezing  weather  when  we  tiikolh 
out  to  freeze  them,  (o  keep  them  fresh  until  we  get  them  to  market.    On  thisoctj 
sion  the  herrinf^  were  entirely  inshore  of  the  Newfoundland  gill-nets,  and  as  tiie  mfiS 
proved,  if  we  did  not  take  them  then  and  there  we  should  lose  the  season  catch,  tJ 
seines  were  set  in  no  way  interfering  or  injuring  the  gill-net  fishing,  and  incloscda 
held  certainly  2,000  barrels  of  herring,  enough  to  load  four  vessels.    Over  M  m 
came  down  to  the  beach,  seized  the  seine,  let  out  the  fish,  pulled  the  seine  on  Klioitl 
tearing  and  cutting  it  to  pieces  with  knives.    The  crews  operating  the  seines  «ej 
powerless  against  so  many ;  and  after  they  had  destroyed  thisseido  they  went  fori 
other  Ameiican  peines,  shouting  and  gesticulating,  saying:  "Tear  up  the  dama 
American  seines."    All  of^the  vessels  would  have  been  loaded  with  herring  if  t 
Americans  could  have  used  their  seines. 

My  loss  by  this  outrage  is  not  less  than  5,000  dollars,  which  has  hcv.u  taken  irnm  n 
despite  the  provisions  of  the  Washington  treaty,  and  which  I  claim  as  indcinnity, 

The  Newfoundland  tis-hermon  have  for  yeara  been  in  the  habit  of  scUinfr  ii]jti, 
herring  to  American  vessels.    I  have  been  there  eight  years,  and  I  have  always  boiM 
my  herring,  or  engaged  the  Newfoundlanders  to  take  them  .for  me,  payinjjtlieiai: 
cash.    This  has  been  the  universal  practice  of  American  vesbols.     This  year  we  tiJ 
ried  the  large  mackerel  seines,  which  we  use  in  summer  for  taking  mackerel,   TJia 
seines  will  take  from  2,000  tc  5,000  barrels  at  a  haul,  and  the  herring  are  better  taW 
in  this  way.    As  most  of  the  Newfoundlanders  fish  with  gill-nets,  our  miunier  of  wij] 
ing  would  take  away  f rim  them  the  monopoly  of  the  herring  tradu,  and  hence  lii 
fetiiing  which  produced  the  outrage  on  our  vessels.    It  is  apparent  that  theyv 
obstruct  any  American  fishery  on  their  shores,  and  are  not  men  who  would  know  imidl 
about  rights  or  privileges  under  a  treaty.    I  should  say  that  there  arc  at  least Ifl 
cargoes  of  herring  taken  from  Newfoundland  yearly  by  American  vessels,  and  asthiai 
are  now  it  would  be  useless  for  American  vessels  to  go  there  for  herring  uiilesstbi 
bought  the  herring  from  the  inhabitants  at  whatever  i-ricj  they  may  see  fit  to  mi 
This  American  trade  has  been  a  great  benefit  to  Newfoundland,  and  the  chanj;eiiillir 
manner  of  taking  herring  will  greatly  reduce  the  amount  of  money  paid  tiieuil 
luM-ring.     Only  three  ves.sols  of  eighteen  that  were  there  got  any  herring  wliatcTuI 
Captain  Jacobs,  of  the  Moses  Adams,  held  his  seine  with  revol  t^ers,  and,  IxMn^;  a  iiatiTi 
of  Newfoundland,  was  allowed  to  take  in  the  herring  he  had  taken,     'i'iie  leiiiiij,'  m 
very  intense  and  bittter  against  the  Amorican.s.     Tne  Newfoundland  (isliernieu  ivtnj 
catching  and  taking  herring  with  their  nets  and  boats  on  the  same  day. 

•(Signed)  DAVID  MALANSON, 

Master  Schooner  Crest  of  the  }im.  | 

Essex,  «» ; 

Personally  apmared  before  me  David  Malanson,  and  subscribed  and  niadooathH 
the  above  statoniunt. 

(Signed)  •  AAKON  rAK.SON.S," 

Justice  of  the  I'cm. 
(l(i) 

Deposition  of  Edward  Slapleton. 

Glovckstkr,  February  21,  \b1i 

I,  Edward  Stapleton,  master  of  the  American  schooner  Horeward.  of  filomesW 
do,  on  oath,  depose  and  say : 

That  I  have  Jnst  arrived  from  Newfoundland,  where  I  have  been  for  a  iv)adofb 
ring.     I  was  at  Long  Ilarbonr,  NewCoundland,  when  theN(nvfoiindtand  lislieniionil 
stroyed  the  seines  cftll(^  American  schooners  New  England  mid  Ontario,  mid  .<a«lbj 
whole  transactiv^q.     I  carried  a  seitie  with  me^  and  employed  N^nvfuundland  iisliemi 


3HERMEN. 


ALLEG'="D   OUTRAGE   UPON   AMERICAN   FISHERMEN. 


227 


rKK,  February  iiO,  Iffj 
t  of  tbo  Wave,  of  G!(»| 

1  a  voyago  to  No\vl'uuii<,l 
1,  on  tlio  2'.k\  Dcccmlnl 
iw  England  and  Oiitarjl 
the  beach  when  tbeXttJ 
;l8.     The  herring  did  ^ 
f  long  they  will  rcniaij 
take  them  whiui  thej  a 
le  herring  and  kecptheil 
thor  when  we  takctlia 
(  market.    On  tliisocct 
ill-nets,  and  iis  the  sf(| J 
e  the  seasoii  ciitcli.  Tit 
tishing,  aud  incldscilaiii 
•  vessels.    Over  M  luej 
uUed  the  seine  on  slion,! 
)eratiug  the  seines  wetf 
18  seirJo  they  went  for  il« 
: :  "Tear  up  the  (liiiiiut 
aded  with  herring  if  lit 

1  has  been  taken  frniii  i 
I  claim  UH  indcnniity.  I 
3  habit  of  sellini;  iiJlthi 
Hid  I  have  always lioii^ 
.  ior  me,  paying  tliei„;3 
isbols.     This  year  we  cuj 
taking  mackerel.   Thu 
5  herring  are  bettor  takti 
inets,  our  manner  of  stii] 
ing  trac!"'.,  and  hence  ibi 
apparent  that  theyifi^ 
_  who  would  know  mud 
lit  there  are  at  least  1 
an  vessels,  andastbins 
for  herring  unless  tkj 
they  may  see  lit  tii  m\ 
,  and  tiie  cliaiijstMiitbi 
of  money  paid  tiiemfJ 
any  herring  wliatcwl 
/era,  aud,l)(!in(;aii;st.vj 
[lUen.     Tim  ti!i'iiii;,MV!i 
undluiid  (iKiieniieii  m 

Hiuiw  <lay. 
rw  MALANSUN, 
lur  Crest  of  the  Wan. 


cribed  and  i))adooath!| 

MION  TAliSONS; 
Justice  of  the  l'cm% 


KR,  Fcbruarji  '21,  b*''. 
;oreward,  of  Glomc.!« 

biHMi  for  a  load  of  ha 
fmindliiud  fislicriiienil 
id  Ontario,  and  sawlbl 
'J/Mvfouudl(indlislieriii<< 


Ito  onorato  it  for  mo.  The  first  time  they  set  it  for  me  they  put  it  out  in  a  strong  tide- 
Inav  and  utterly  destroyed  it,  and  after  that  I  had  to  depend  on  tho  oth^r  American 
iBi'iues.  This  was  tho  understanding  umo  ig  tho  American  captains,  that  we  were  to 
Iworic  tosiother  aud  load  all  our  vessels.  The  setting  ot  tho  seines  on  tho  Gth  January 
Idiil  not  Interfere  in  any  way  with  their  nets  or  lishing.  1  think  there  is  a  local  regu- 
lliitloa  that  does  not  allow  the  Newfoundland  fishermen  to  lish  on  Sundays;  but  the 
Ilirst  some  (;i  small  one)  sot  on  that  day  was  ono  owned  and  operated  by  the  natives, 
liimltbey  were  picking  their  nets  and  boating  tlieir  herring  ashore  all  day.  On  tho 
lurrival  of  the  American  deet  tho  Newfoundlanders  \mt,  their  i>ets  where  they  vvouUl 

obstruct  our  sailing,  but  on  this  day  tho  herring  wore  away  insido  of  their  nets,  giv- 
Jii>'  119  tho  first  chance  and  only  opportunity  wo  had  to  seine  or  get  herring.  Enough 
Wio  taken,  and  could  have  been  taken,  that  daj  to  iiavo  loaded  the  Jeet.  After  that 
Idav  tboro  was  no  oppor'^unity  to  take  any.  NewfoundlaLul  nets  were  placed  where 
Itkt'iiDvcr  took  a  lish,  and  placed  only  for  tho  purpose  of  preventing  our  seining. 

ijlv  iossto  vessel  and  owners  is  not  lass  than  5,00U  dollars,  and  I  claim  indemnity  to 

fliat  amount.    This  lo«8  is  owing  entirely  to  the  hostile  acts  of  tho  Newfoundland 

ffisiiermen. 

E.  STAPLETON, 
(17.) 

Deposition  of  Ciinrles  Dagle. 

Gloucester,  December  10,  1878. 

I,  Charles  Daglo,  master  of  tho  American  schooner  Lizzio  and  Namari,  of  Rockport, 
district  of  Gloucester,  do,  on  oath,  depose  and  say,  that  I  know  Mr.  Bolt,  who  resided 
111  abut  or  shanty  near  Tickle  Beach,  Newfoundland ;  that  I  w.is  there  on  tho  Hth  Jaii- 
i;uy,  1816,  and  saw  tho  hostile  acts  of  tho  British  lishermen.    Mr.  Bolt's  hut  is  about 

ill  yards  back  from  the  beach.     I  have  been  to  Newfoundlaud  fourteen  successive 

feiiis,  and  never  heard  of  any  persons  claiming  any  rights  on  the  beach,  everybody 
Jsiii;,'  it  ill  common.  The  three  huts  there  are  in  the  nature  of  squatter  property,  used 
July  ill  tue  wi'iter.    Mr.  Bolt  nevei  made  any  claim  that  I  knew  of;  and  tho  Ameri- 

aii  seiiios  were  not  used  within  IlOO  yards  of  Bolt's  place,  except  where  the  seines 
jfero  hauled  on  the  beach  by  British  lishermen  and  destroyed.  Tho  seines  that  were 
|bli;'ed  to  1)0  taken  up  were  500  yards  or  more  from  Bolt's  place.     The  seino  of  the  V, 

.Smith.  Captain  McDonald,  was  one-fourth  of  a  mile  away.  Mr.  Hickey,  a  resi- 
leiit  of  Fortime  Bay,  had  his  seine  nearest  to  Bolt's  house.  Mr.  llickcy's  seina  was 
lie  first  seine  set  on  the  Gth  January,  1878,  and  the  British  lishermen  attacked  him  as 
IrdI  as  the  Americans. 

(Signed^  •  CHARLES  DAGLE. 

jiASSACIIUSETTS,  ESSEX,  88  : 

Gloucesteu,  D'cevihcr  liJ,  1878. 
I  Personally  appeared  Charles  Dagle  and  made  oath  to  the  truth  of  the  above  atate- 

ilellt. 

I  Before  mo. 

[[SEAL.]  AARON  PARSONS, 

Notary  Publio, 
(18.) 

DeposilioT  if  Willard  G.  Poole. 

Gloucester,  December  10,  1878. 

I I,  Willard  G.  Poole,  master  of  the  American  schooner  Maud  andEffle,  of  Gloucester, 
Dimoalh  depose  an<l  say  that  I  know  Mr.  Bolt,  and  also  the  location  of  his  hut  at 

idle  IJoach,  Newfoundland ;  that  I  w  as  there  on  tho  (ith  January,  1878,  and  saw  and 
pwof  the  operations  of  the  American  seines;  that  the  hut  oi  Mr.  Bolt  is  fully  ir)0 
itiis  back  from  high-water  mark  from  the  beach  ;  that  I  never  heard  or  knew  of  any 
fcliviJiial  or  body  of  men  claiming  any  peculiar  or  particular  rights  on  this  beach, 
|r  w.is  any  one  ever  hindered  from  fishing^  except  on  the  occasion  of  tho  6tb  January, 
Si^tniuy  knowledge.  There  was  no  seine  used  by  tho  Americans  at  any  time  on 
•jlwachor  within  400  yauuof  Mr.  Bolt's  hut,  except  tho  seines  captured  by  the 
Vtinh  iishoriuen,  which  were  hauled  on  to  tho  beach  by  them  ( tho  British  fishermen ), 
111  cut  to  jiieces  aud  destroyed. 

(Signed)  WILLARD  G.  POOLE. 

ISEX,  8»  .• 

Gloucester,  December  11, 1878. 
IPersouuUy  appeared  before  me  the  within-uamed  Willard  G,  Poole,  who  subscribed 
^tl  inado  oath  that  tho  within  statement  is  true, 

(Signed)  ADDISON  CENTER, 

Justice  of  tks  rea(}9. 


228 


ALLEGED   OUTRAGE    UPON   AMERICAN    FISUERMEN. 


(19-) 

Deposition  of  Michael  It.  Murray. 

1,  Michael  II.  Murray,  luastor  of  th«  Aiiierican  Hcliooiicr  Mary  M.,  of  (ilouctstn.^ 
Oil  oath  (loi)o.so  aiitl  way  that  I  know  Matthew  Bolt,  at  Tiiklo  IJeaeli,  Nowl'omKllaini^l 
have  known  liini  to  liavc  a  shanty  there,  antl  lives  there  winters,  for  t lie  past  lunil 
years.  I  never  iieanl  or  ktiew  of  Mr.  ISolt,  or  any  other  [kmsihi,  ehiiniinfj;  any  \\m\\^jL 
or  particular  rij^hts  on  this  beach,  nor  oxercisinH;  any  authority  there,  exc'cjit  ibi'K.I 
tion  of  the  mob  on  theGth  January,  1878.  Mr.  bolt's  shanty  is  about  l.")0  yards  lt«J 
liigh-water  nnirk.  The  American  seines  were  operated  more  than  400  feet  and  dud 
bouih  aloii"^  the  beach  from  Bolt's  hut. 

(Si{,Mie<l)  MICHAEL  B.  MUURAV.  I 


MASSACHL'SKTTS, 

EsHex,  »a: 

Sworn  to  this  '23(1  day  of  December,  A.  D.  1878. 
Before  me. 


Gloucestku,  December  2:1,  M, 


[L.  8.] 


AARON  PARSONS,  Notu-ij  Pobk 


(20.) 


Deposition  of  lilicliavl  11,  Murray.  , 

I,  Michael  B.  Murray,  of  Gloucester,  master  of  tlio  American  schooner  MaryJL, 
hereby  on  oath  depose  and  say  that  I  have  invariably  made  good  voyajjet,  to  Keil 
foinuliand,  and,  with  the  exception  of  lt;7(i,  have  made  a  clear  profit,  over  ami  al«nf 
all  exjienses,  of  at  least  ;5|500  dollars  for  each  v<)yaye. 

I.i  the  year  1875  I  made  r>,:iOO  dollars,  clear  of  all  expense,  on  my  voyage  to  NewfounJ 
land  for  herring.     In  1874  I  made  ."jiSbOO dollars,  clear  of  )il  c;         le. 

In  the  year  187G  I  had  a  cargo  of  1,445  barrels  of  aaK  ;  l  lie        .^,  was  verylate^ 
the  season,  and  cleared  only  2,000  dollars. 

(Signed)  '  MICHAEL  B.  MIJKKAY.I 

Massachusetts, 

Essex,  ss;  .  '  ^ 

Gloucestku,  Dvccmher  2:],  b'i 

Personally  appeared  M.  B.  Murray,  and  made  oath  to  the  truth  of  the  above «:« 
ment. 
Before  me. 
[SEAL.]  AARON  PARSONS,  A'o'ari/ PiiHit,| 

(21.) 
Deposition  of  Peter  Smith. 

Gloucester,  Fehruaryo^W] 
I,  Peter  Smith,  of  Glonocstor,  master  of  the  Ainerican  schooner  Charles  C.  Wai 
of  Gloucester,  do  on  oath  depose  and  say  that  I  was  at  Tickle  Beach,  Fortune 
Newfoundland,  on  the  Gth  .January,  1878;  that  I  had  been  to  Labrador,  fin.  i  tin 
to  Bay  of  Islands,  and  thence  to  Fortune  Bay  for  a  load  of  herring.  O' 
of  the  6th  January,  1878,  hc^rring  made  their  aiijiearaiice  in  close  pr-  i' 
shore  in  groat  abundance.  I  was  provided  with  two  seines  with  wliii  > 
ring,  andshou'd  have  loaded  my  vessel  uudoth'n'a.ni  thattl.;y.  I  ha  ii;  ' 
boat,  and  was  preparing  to  use  it  when  the  attack  was  made  on  the  oyh.i 
seines,  and  I  saw  them  destroyed,  and  I  found  that  the  mob  of  200  or  :iU()  of  I 
tishermeu  were  determined  to  destroy  every  seine,  and  I  did  not  dare  ])iil  iiiy  seine 
the  water.  After  this  time  I  bouglitof  the  British  lishcriiieii  al)oiit  400  biiiivlsoll" 
ring,  i»aying  I  dol.  40  c.  per  barrel.  My  vessel  would  carry  1,:500  barrels,  all  i)f »' 
I  coukl  liave  taken  on  the  (itli  .January  at  little  or  no  cost  to  myself.  1  Wii.saln" 
fortnight  buying  400  barrels  of  herring.  I  considi  r  that  my  loss  was  iit  li;ast;lii 
dollars,  in  addition  to  the  expense  of  the  voyage,  by  the  houtile  acts  of  tlmlifi' 
lishermen. 

(Signed)  .^  PETER  mi 

State  of  Massachusetts, 

Essex,  ss: 

Gloucester,  Dwember  '4,  B 

Personally  appeared  Peter  Smith,  and  made  oatl.  to  the  truth  of  tii  i  above 
mentsigneii  by  liim. 
Before  me. 
[L.  8.]  AARON  PARSONS. 


iv.onn 


illEKHKN. 


ALLEGED   OUTRAGE   ITPON    AMERICAN   FISHERMEN. 


229 


y  M.,  of  tiloiU!CSli|,il|,l 

iJciicii,  Ncwfomitllaiiill 
itt'i's,  lor  tlio  pastluutl 
cliiiming!iu,viiei;nliB| 
y  tlu;re,  except  lkn(.| 
9  about  l.'iU  yards  t 
t  Imn  400  I'fct  and  dgtl 

lAEL  B.  MUUKAl, 


;b,  Decembtr  2:t,  lt;*8, 
SONS,  JVokrvPnilitj 


n  scbooiier  Mary  M.,  4 
1  {jfood  \oya|j;('t.  tn  Neil 
r  iii'olit,  over  amlalioir 

my voyaj;c  to  Newfoaoi 

, "  ■..It). 

,,  was  very  late  i^ 

IHAEL  B.  MUUMli 


ER,  Dvcember  23,  ISil 
rath  of  the  above  »t« 

iSONS,  Notary  PMk] 


TKU,  Fcbruaru  5, 1S6,| 
jiior  Charles  C.  Wamf 
h»  Beach,  Fortune liJ 
Labrador,  fro.  i  tlici 

1-1 11 -r.       O-  ,     l'""llil 

closi!  I>r 
with  whit 
I  ba    ii;; 

on  tbo  otli.:c  "i 
200  or  ;$oo  of  t  .  ' 
lotdaroimt  iiiyseiMJ 
il)oiit  '100  bavrolsotll 
:J00  barrels,  nil  of  »lii 
Miiysi'lf.  lwa.t«W| 
y  loss  was  at  Iwist.i,! 
"iBtiloaotsof  tlwM 


PETEK  mn 


'KR,  December  ^i,\^i 
ruth  of  til)  above  «H| 


aiON  PARS0N8, 


(22.) 

Official  stalettient  of  Newfoundland  herring  fishery, 

I  I  lit/,  J.  Babsoii,  collector  of  customs  for  the  district  of  Gloucester,  do  certify  that 
fclif !|i)llowiiij!-iiaiucd  scihoonors  were  employed  in  the  Newfouudland  herring  fishery 

Viriii"  sea.sDii  of  187V  and  1878  : 

IchMucrs.  Tom. 

BerlieitM.  Kojrers 78 

oM's  .\(lani.s 100 

,hnW.  Bray 83 

SWilnlin  lOU 

tilwiudi:.  Webster 99 

riiwanl 90 

Blinker  11,11 101 

LuiKlst'cr 99 

>:i,i,'Kidi 92 

Diiiiiiiii 91 

jicw  Eiif^laiul 81i 

['rank  A.  Smith 77 

Vm.  E.  SliicDouald .^. 98 

[iin  Castle 89 

Bonanza 137 

icnuit'A.  Stubbs 198 

link  and  Naiiiari .*.  94 

Prest  (if  the  Wave 71 

post's  KiiDW  I  ton Ill 

liaiiilinid  KIlie 85 

•■•(1, 1-.  Fve 85 

HaivM...'. 102 

»nll{.  Wetberell 108 

iDQ  nil 75 

I'liai'.e.s  C.  Warren 109 

I'loplion 8o 

Total 26  vessels. 

Vessels  employed  during  season  of  1878  and  1879  in  Newfoundland  fisheries. 

IcIiMiicrfl.  ToiM. 

dlmij.  McQuinn 83 

falcon 72 

Rw  England 86 

liililir 83 

Si'iiaiirp 109 

fcnnkorHill 101 

kiac  Ricli 92 

Ifutonnial " 116 

Total 8  vessels. 

i  WitncsH  my  hand  and  seal  this  10th  dav  of  January,  A.  D.  1879. 

[[SEAL.]  ■  F.  J.  BABSON,  Co??ec^or. 


APPENDIX  B. 

(1.) 
Anno  Vicesimo-Quinto  VictoiujE  Regin.£. 

Iap.II.— ,(n  act  for  the  protection  of  the  herring  and  salmon  fisheries  on  the 
\mst  of  (Ilia  island,  and  for  other  purposes.  [Passed,  March  27,  1862.] 
I  • 

IWhorpas  tlio  breed  and  fry  of  bi-rriiiffs  frequentiiijr  the  coast  of  tliis    Proamble. 

Tamland  the,  Labrador  a-e  often  found  to  be  jjreatly  injured  and  de- 

"^.Vi'illiy  til!  n.-^infj;  of  seines  and  nets  of  too  small  size  or  mesh,  and 

otlur  unwarrantable  pra(^ti(!<'s  ;  and  whereas  <'(>iiiplaints  liave  lieen 

■'TO'd  t'l  the  loeal  gi.von>iiienl   of  ali'^;;,'ed  dt-predations  committed 

'  !>'  Iisaeriiien  I'reciuentiiig  those  coasts  upon  each  other  ;  for  remedy 


IllU'of. 


230 


ALLEGED   OUTRAGE  UPON  AMERICAN   FISHERMEN. 


1  fl       1? 


X  r  ■  p 


11 

I  Smfi 

IvllP 

1 

Be  it  tlioreforo  enacted,  by  the  governor,  legislative  council,  amlj 
senibly,  in  session  convened : 
Ilorring  not  to     I.  That  no  person  shall  haul,  catch,  or  take  herrings  in  any  seino.o 
betaken  in  Beiiies  or  near  any  part  of  the  coast  of  this  island,  or  of  its  depeudciicicHonil 
ber"  uutii    mh  coast  of  Lai  rador,  or  in  any  of  the  bays,  harbours,  or  any  other  [ilm, 
April.  therein,  at  any  time  between  the  20th  day  of  October  and  the  I'^tlidajl 

of  April  in  any  year ;  and  no  person  shall,  on  or  near  the  coast  of  tL 
island  or  of  its  dependencies  aforesaid  on  the  coast  of  Labrador,  or  in  aJ 
of  the  bays,  harbours,  or  other  places  therein,  at  any  time,  use  » hiini 
or  other  contrivance  for  the  catching  and  taking  of  herrings,  extept  lii 
ProviRo  as  to  way  of  shooting,  and  forthwith  tucking  and  hauliug  the  same;  Pn 
the  use  of  note,    vided  that  nothing  herein  contained  shall  prevent  the  taking  ot'lierrinij 
by  nets  set  in  the  usual  and  customary  manner,  and  not  used  for  n 
barring  or  inclosing  herrings  in  any  cove,  inlet,  or  other  place. 
Nets  of  2  3-8     IT.  No  person  shall,  at  any  time  between  the  SJOth  day  of  Deceml* 
inrb  scale  to  bo  and  the  Ist  day  of  April  in  any  year,  haul,  catch,  or  take  any  lierrinj 
"om'    D°™inb'r*'"  ^^  "^°''"  *''*'  coast  of  this  island  or  of  its  dependencies  aforesaid oi 
until   tlu)  l8t  til®  Labrador,  or  in  any  of  the  bays,  harbours,  or  any  other  iilad 
Aiiril.  therein,  in  any  not  having  the  meshes,  mokes,  or  scales  of  less  than  tiJ 

inches  and  three-eighths  of  an  inch,  at  least,  from  knot  to  knot,  o.  liaTl 
Ko"ulatiou    as  '"S  ^^Y  fii'so  or  double  bottom  of  any  description  ;  nor  shall  auy  pen 
to   ir«t8   witb  P'lt  *i"y  "^t)  though  of  legal  size  of  mesh,  upon  or  behind  aiiyotli(| 
tlonbie    bottom,  net  not  of  such  size  of  mesh,  for  the  purpose  of  catching  or  takingtU 
&c-  fry  of  sncli  herring  passing  through  auy  single  net  of  two  inches aoj 

three-eighths  of  an  inch  mesh  or  scale. 
-  )per8onHball     III.  No  person  shall  willfully  remove,  destroy,  or  injure  anylawfj 
Interfere  with  the  net  or  seine,  the  property  of  another,  set  or  floating  on  or  near  thecoma 
nets  of  others.      ^j  this  island  or  of  its  dependencies  aforesaid  on  the  Labrador,  or  i| 
anj'  of  the  bays,  harbours,  or  other  places  therein,  nor  remove,  lot  id 
or  take  any  fish  from  or  out  of  any  such  lawful  net  or  seine. 
Herrin?  not  to     IV.  No  persoj  shall,  at  any  time,  between  the  20fh  day  of  April  an! 
liRtakr  J  from  tho  t|,o  JiOth  day  of  October,  haul,  catch,  or  take  any  herring  or  other  liii 

?l'"'o,^f'A'  !)}}..  for  «ixi)ortation  within  one  mile  of  any  settlement  situate  on  thatiiaj 
till)  201  o  October     ~  .■,     '  »  ,    i.  rt  /.i  i,  in-    i.  «  1 

between      Capo  of  the  coast  between  Cape  Chapeau  Kongt  and  Point  Rosey.  | 

(;iin|)eun    Roii^je 


.and  I'oint  Kosey. 
Ponalty  for 
violation  of  this 
avt. 


alty. 


V.  Any  person  who  shall  violate  any  of  the  provisionsof  thisaetsld 
for  every  offense  forfeit  a  sum  not  exceeding  ten  pounds;  and,  in  ail 
tion,  all  sienes,  nets,  and  other  contrivances  used  or  employed  iu,  almal 
or  preparatory  to  the  catching,  hauling,  taking,  or  iv  barrinj;  of  a/ 
herrings,  iu  violation  of  auy  of  the  provisionj  hereof,  shall  belialtlcj 
forfeiture,  and  the  same  may  be  seized  at  once  by  any  justice,  subw 
lector  of  customs,  preventive  ofBcer,  or  constable,  on  view  or  by  vitt^ 
of  a  warrant  issueil  by  such  justice,  sub-collector,  or  preventive  offi« 
on  oath  to  be  administered  by  any  of  them,  and  detained  until  thetril 
'   '  of  the  offender,  when  they  may  be  declared  forfeited  and  ordered  tolf 

sold  at  public  auction. 
Prohibition  for     yi.  And  whereas  an  act  was  passed  iu  the  twenty-third  year  oft 
nets^at"  co'itnin  •"•^'S'^  of  Her  present  Majesty,  entitled  "An  act  for  the  protection  of  tl 
times,     and  salmon  fishery,  and  forother  purposes,"  whereby  certain  nets  and  seii 
aca'nst  erecting  were  forbidden  to  be  used,  and  certain  weirs  and  other  erections 
weirs,  and  iw^n- contrivances  we. o  prohibited  from  being  erected  at  certain  times 
under  certain  circumstances,  iu  the  said  act  declared: 

Be  itfurtli'cr  enuute.l,  That  it  shall  be  lawful  for  any  justice,  subci 
lector,  preventive  oflScer,  or  constable  aforesaid,  on  view,  and  forai 
constable  or  other  person  by  virtue  of  a  warrant  to  be  issued  aaafoi 
said,  to  seize  any  r.oc  or  seine,  and  to  destroy  any  weir  or  other  erectii 
or  contrivance  used  or  erected  in  contravention  of  the  said  recited 
and  all  ench  nets  and  seines  shall  bo  forfeited  and  disposed  of  in  mam 
provided  by  the  Vth  section  of  this  act. 
of  re-  VII.  All  forfeitures  and  penalties  imposed  by  this  or  the  said  retil 
penal- act  shall  be  recovered  with  cosjts,  in  a  summary  manner,  before 
fault  term  of  J"^*'*'"*'  *'*  ^'^^  peace,  for  which  purpose  such  justice  shall  have  full  pc 
imprisonment,  to  summon  or  arrest  tho  offender,  and  to  compel  all  witnesses,  eithetl 
summons  or  warrant,  to  appear  before  him  on  such  trial ;  and  upon 
viction  of  such  offender,  such  justice  shall  issue  his  warrant  to  cai 
such  seines,  nets,  or  other  contrivances  so  illegally  tised,  to  be  sold 
public  auction,  or,  where  permitted  underthe  preceding  section  oft! 
act,  destroyed  ;  and  in  default  of  payment  of  sneh  penalty  as  may 
imposed,  and  costs,  by  the  party  convicted,  such  justice  shall  issue' 


Manner 
covering 
ties,   aud  in  de 


RMEN. 

ive  council,  and  a 

igs  ill  any  seino.ru] 
lepeii(li'!icit'8(ii)ik 
or  any  otlicr  pliuiL 
Br  and  tlie  Vi{\\i^ 
lar  t  lie  coast  of  i. 
Labrador,  or  in  atl 
iiy  tiini',  usonBeim 
lierrings,  except  1 
iug  the  Haiiie:  I'l. 
10  taking  of  licrriii|!( 
md  not  used  fori 
other  place, 
til  day  of  Deceml* 
)r  take  any  licrriJ 
ilencieH  aforesaid oi 
)r  any  other  plaw 
[lies  of  le.sH  tbanUi 
:not  to  knot,  0.  hail 
nor  Hball  any  pen 
or  behind  anyotli^ 
tchiug  or  taking  tbi 
it  of  two  inches  aoj 

or  injure  any  lawfij 
on  or  neartlieconi 
the  Labrador,  (ir  i| 
nor  reinovi',  let  hm 
t  or  seine. 
Oth  day  of  April  ad 
herring  or  otlier  lial 
j  situate  on  tliat|iai| 
lint  Roscy. 


sionsof  tliisactslm 
ihIh  ;  and,  in  ail<l 
employed  in,  abouj 
or  in  barriny;  of  i 
of,  shall  bo  liable^ 
any  justice,  huIk 
on  view  or  by  virt^ 
or  ]>reveiitive  otiice 
lined  until  thetiil 
ed  and  ordered  tol 

.ty-third  year  of  tl 
the  protection  of  tij 
Mlaiu  nets  and  s 
other  erections  a 
at  certain  times  a 
red : 
any  justice,  snlicfl 
[)n  view,  and  fora 
,0  bo  issued  as  afoJ 
reir  or  other  ei-ecti^ 
the  said  recited  a 
isposed  of  in  maniij 

is  or  the  said  reciM 
'  manner,  before  al 
shall  have  full  pon 
1  witnesses,  eithcti 
trial;  and  upon cf* 
liis  warrant  to  caij 
ly  used,  to  be  soldi 
cding  section  of  tl 
ih  penalty  as  niayl 
ustico  shall  issue! 


ALLEGED   OUTRAGE   UPON   AMERICAN   FISHERMEN. 


231 


karrantto  any  constable  or  other  person  to  arrest  and  imprison  such 
loiivicted  offender  for  a  period  not  exceeding  twenty  days. 
!  Vlll.  All  penalties  and  forfeitures  under  this  or  the  said  rcciteA  act, 
indall  proceeds  thereof,  when  recovered,  shall  be  paid  to  the  pt>.rty  iu- 
bnning  against  and  prosecuting  such  offender  to  conviction. 
fix.  ^'o  conviction  or  proceeding  by  any  justice  or  ot>>°r  otficer  under 
i  act  shall  bo  quashed  or  set  aside  for  want  of  lorm,  so  long  as  the 
km  shall  be  substantially  in  accordance  with  t?"8  true  intent  and 
leaning  of  this  act. 

IX.  Provided  always,  That  nothing  in  this  act  contained  shall  in  any 
lay  affect  or  interfere  with  the  rights  and  privileges  granted  by  treaty 
Vhe  subjects  or  citizens  of  any  state  oi  power  in  amity  with  Her  Ma- 

fxi,  The  ninth  section  of  the  said  recited  "act  for  the  protection  of 
lie  salmon  fishery"  is  hereby  repealed. 


(2.) 


D 1 8  p  o  R  a  I  of 
poniiltiesandfiir- 
t'uiturua. 

Convictions  not 
to  bequOHlinil  lor 
want'  uf  t'urni,  Stc, 


This  net  not  to 
Interfovo  with 
rights  protectcil 
by  treaty. 

Ninth  Roction 
of  the  Siklnion 
Fishery  Act  re- 
poalud. 


Title  XXVIL— Consolidated  Statutes  of  Newfoundland,  1872. 
Cap.  CII.— .0/  the  Coast  Finheriea. 


irtlOD. 

jHerrinir  not  to  hecanplit  between  20th  October 

I  ami  12th  April.    .Seine,  how  to  be  used. 

iTime  for  use  of  and  size  of  net. 

Ilnjuries  to  nets  and  seines. 

lUemng  not  to  bo  hauled  for  bait  botweou  20th 

I  Ajiril  and  20th  October. 

ISjwriu);  or  sweeping  with  nets  and  seines  for 

I  lulmon  above  tidal  waterH  unlawful. 

•Rtake,  seine,  or  weir  unlawful. 

lUill  (lams  and  other  obstructions. 

|)ImIi  of  salmon  net. 

|S.iliuuu  bou!;ht  or  sold  in  close  time  forfeited. 


Section. 

10.  Distiince  between  salmon  nets. 

11.  Time  for  taking  salmon. 
13.  Penalties. 

13.  Weir,  &c.,   erecti^d  contrary  to  law  may  bo 

destroyed. 

14.  Forfeitures  and  penalties,  how  recovered, 
l!).  Appropriation  of  same. 

16.  Convictions  not  to  bo  quashe.d  for  want  of 

form. 

17.  Governor  may  appoint  superintendent  of  iisli. 

ery  and  fishery  wardens. 

18.  Reservation  of  treaty  rights. 


It,  No  person  shall  haul,  catch,  or  take  herrings  by,  or  in,  a  seine  or  otlier  siieli  eon- 
Ivance  on  or  near  any  Dart  of  the  coast  of  this  colony  or  of  its  dependencies,  or  in 
jy of  the  bays,  harbours,  or  other  places  therein,  at  any  time  between  the  'iOth  day 
lOctoher  and  the  I'ith  day  of  April  in  any  year,  or  at  any  time  use  a  seine  or  other 
■ilrivancc  for  the  catcliing  and  taking  of  herrings,  except  by  way  of  shooting  and 
itbwitli  hauling  the  same:  Provided  that  nothing  herein  contained  shall  prevent 
!takinj{  of  herrings  by  jiets  set  in  the  usual  and  customary  manner,  and  not  used 
|inl)iiiring  or  inclosing  herrings  in  a  cove,  inlet,  or  other  iilace. 
fc.  No  person  shall,  at  any  time  between  the  SJOtli  day  of  December  and  the  Ist  day 
JApril  in  any  year,  use  any  net  to  haul,  catch,  or  take  herrings  on  or  nearthocoasts 
|thi8  colony  or  of  its  dependencies,  or  in  any  bays,  harbours,  or  other  places  therein, 
iriug  the  nioksf),  mu.'jhes,  or  scales  of  such  not  les.!  than  two  inches  and  three-eighths 
|aD  inch  at  least,  or  having  any  fakso  ordouble  bottom  of  any  description  ;  nor  shall 
jpfrson  put  any  net,  though  of  legal  size  mesh,  njion  or  behind  any  other  not  not 
laiicb  size  mesh,  for  the  purpose  of  catching  or  taking  such  herring  or  herring  fry 
Sing  a  single  net  of  legal  size  mesh. 

'.  Nopersou  shall  wilfully  remove,  destroy,  or  injure  any  lawful  net  or  seine,  the 
kperty  of  another,  set  or  tloating  on  or  near  the  coast  of  this  colony  or  its  dependen- 
8,  or  any  of  the  bays,  harbours,  or  other  places  therein,  or  remove,  let  loose,  or  take 
J  iish  from  su(!h  seine  or  net. 

I.  No  person  shall,  between  the  20th  day  of  April  and  the  20th  day  of  October  in 
Vvear,  haul,  catch,  or  take  herrings  or  other  bait  for  exportation,  within  one  mile, 
bured  by  the  shore  or  across  the  water,  of  any  settlement  situate  between  Cape 
bean  Rouge  ami  Point  Enragee,  uear  Cape  Ray ;  and  any  person  so  hauling,  cateli- 
ii  or  taking,  within  the  said  limits,  maybe  examined  on  oath  by  a  justice,  olTicerof 
poms,  or  person  commissioned  for  the  purpose,  as  to  whether  the  herrings  or  other 
jtare  intended  for  exportation  or  otherwise,  and  on  refusal  to  answer  or  answering 
My,  finch  person  shall,  on  conviction,  be  subject  to  the  provisions  of  the  twelfth 
wnof'bis  chapter. 

'  Noperhon  shall,  by  spearing  or  sweeping  with  nets  or  seines,  take  or  attempt  to 
»any  saliion,  grilse,  par,  or  trout,  in  any  bay,  river,  stream,  cove,  or  watercourse, 
N  where  ':he  tide  usually  rises  and  falls.  Or  in  any  pond  or  Jake. 
|N"st,ike,  seino,  weir,  or  other  contrivan(^o  for  taking  saltiion,  except  nets  set  or 
WacroRH,  ahull  bo  set  or  placed  in  any  river,  stream,  cove,  laki»,  or  watercourse. 
M  shall  e  cteiid  more  than  one-third  of  the  distance  in  a  straight  lino  across,  and 
nets  shall  be  set  only  on  one  side  of  such  river,  stream,  cove,  lake,  or  watercourse. 


232 


ALLEGED   OUTRAGE   UPON   AMERICAN   FISHERMEN. 


-ill" 


U         I 


7.  No  person  shall  coiiHtnicfc  any  mill-dam,  weir,  ruck,  frame,  train-j^ato,  or  otleil 
erection  or  ))arrii!r  in  or  across  any  river,  stream,  cove,  lake,  or  watercourse,  HoamJ 
obstruct  tbo  free  passage  of  salmon,  grilse,  par,  trout,  or  other  (ish  resortiii;,'  thfrti,! 
for  the  purpose  of  spawuiug;  and  all  mill-'lanis  or  other  erections  pUjed  <)ii,(ivn,|j 
across  any  watercourse,  river,  or  stream,  re8ori.ed  to  by  fish  for  the  purpose  of  8p;niii| 
ing,  shall  have  a  waste-gate  opening,  or  slope  sufficient  to  constitute  a  proner  ami  suftJ 
oient  fish  way,  which  shall  be  kept  iu  repair  by  the  owner.  No  person  shall  fjemiiil 
any  sawdust  or  mill  rubbish  to  be  cast  into  any  inch  river,  stream,  cove,  lakt^l 
watercourse. 

8.  No  person  shall  use  any  net  for  taking  salmon,  the  mokes,  mcshoa,  or  scales c 
whicli  are  less  than  four  inches  ami  a  half  inch. 

i).  No  person  shall  buy  or  sell  or  have  in  his  possession  salmon,  knowing  tliesawl 
to  have  lieen  taken  contrary  to  the  provisions  of  this  clmpter,  and  every  Hdliiion idl 
taken,  bought,  or  sold  sliall  be  declared  forfeited  to  the  complainant  by  any  justittl 

10.  No  net  siiall  bo  moored  or  set  in  any  harbour,  cove,  creek,  or  estuary,  oroiiwl 
near  any  part  of  the  coast  of  this  colony,  or  it.s  dependencies,  for  the  purpose  of  taliiii(| 
salmon,  nearer  to  uny  other  net  moored  or  set  for  a  like  ])urpose  than  one  LiinJre 
yards  for  a  single   jet,  and  three  hundred  yards  for  a  double  net  or  fleet  of  nets. 

11.  No  salmon  shall  be  taken  before  the  1st  day  of  May  or  after  the  lOtlidavfj 
September  in  any  year:  Provided,  that  if  the  timn  limited  in  this  section  8lmlil»| 
found  to  operate  Injuriously  in  any  part  of  this  island,  the  governor  in  council  ni)J 
appoint  any  other  time  or  times,  and  such  tinje  or  times  shall  be  as  biudiii};  oiiiJ!! 
persons  as  if  specially  mentioned  herein. 

12.  Any  person  who  shall  vi<date  any  of  the  provisions  of  this  chapter  shall  licj 
ject  to  a  penalty  not  exceeding  fifty  <lollars,  and  all  seines,  nets,  and  other  conttitJ 
ancea  used  contrary  to  the  provisions  of  this  cha]>tershaH  be  forfeited,  and  may  be  seii/ 
and  detained  until  the  trial  of  the  offender  by  any  juslic-,.,  sub-collector  of  custoiiid 
preventive  officer,  fishery  warden,  or  constable,  on  view,  or  by  virtue  of  a  warran 
issuedbysuchjustice,  sub-collector,  or  jireventivo  officer,  npon  complain tniadeoniiaiij 
to  be  administere<l  ]»y  either  of  them,  and,  upon  conviction,  the  same  may  bo  declare 
forfeited  and  ordered  to  bo  sold  at  public  auction. 

l'.{.  Any  justi(;e,  sub- collector,  preventive  ofiicer,  fishery  warden,  or  constalilo, i 
on  view,  deHtro>y  any  weir,  rack,  frame,  train-gate,  or  other  erection  or  barrier,  ii* 
or  erected  contrary  to  the  provisions  of  this  chapter,  or  the  sfime  may  be  dcstwyj 
by  virtue  of  a  warrant  issued  by  any  justi<!e,  sub-collector,  or  preventive  officer,  uJk 
complaint  nuide  on  oath  to  bo  administered  by  either  of  theui. 

14.  All  forfeitures  and  penalties  imposed  by  this  chapter  shall  bo  recovered, will 
costs,  in  a  summary  manner,  before  any  justice,  for  which  purpose  such  justice niij 
summon  orarrest  theofi'ender,  and  comjjcl  witnesses,  by  sunnnons  or  warrant,  to  apiw 
before  him;  and  upon  conviction  of  the  offender,  such  justice  shall  cause  <-Jl  mm 
nets,  a'nd  other  contrivances  illegally  used,  to  be  sold  by  public  auction,  or,  wlini 
permitted,  under  the  i)rovision8of  the  preceding  sections  of  this  chapter,  destrodj 
and  ill  default  of  the  payment  of  any  penalty  imposed,  and  costs,  such  jiisticp  m 
i-jsiie  his  warrant  and  cause  such  offender  to  bo  arrested  and  imprisoned  for  any  iicriij 
not  exceeding  twenty  days. 

1.^).  All  iieiialties  and  forfeitures  imposed  by  tliis  chapter,  and  the  proceeds  thei* 
shall  be  ))aid  to  the  p.arty  informing  against  and  prosecuting  the  offender  to  convictioi 

Hi.  No  proe<!eding  or  conviction  by  any  justice  or  other  officer  under  this  clmptij 
shall  be  <iuashed  or  set  .aside  for  any  informality,  provided  the  same  shall  hcsiilisui 
tially  in  accordance  with  the  intent  and  meaning  of  this  chapter. 

17.  Th(!  governor  in  council  may  ajipoint  the  collector  of  revenue  for  Labrador,! 
other  persons,  to  be  superintendent  of  the  fisheries  on  the  coast  of  this  island  amlii 
dependencies,  and  may  also  appoint  fishery  wardens,  and  prescribe  their  duties  forH 
purposes  of  this  chapter.  The  compensation  for  the  services  of  such  officers  to  bepi^ 
vided  by  the  legislature.  I 

18.  Nothing  in  this  chapter  shall  affect  the  rights  and  privileges  granted  bytrejlj 
to  the  subjects  of  any  State  or  power  in  amity  with  Her  Majesty. 


lluclosuro  2  with  No.  170.J 

Mr.  Ilopp'm  to  thv  Marquis  of  Salishury, 

Legation  ov  thio  United  Stayss,  ^ 
Loudon,  J/»»'// 0,  Itwj 

My  Lord:  I  have  the  honor  to  acknowledge  the  receipt  of  your  lordship's H*''! 
the  3d  iustaut  iu  reply  to  Mr.  Welsh's  communications  of  the  i3th  of  Aiignsl  la»i| 


IIERMEN. 


ALLEGED   OUTRAGE    UPON   AMERICAN   FISItERMEN. 


233 


),  train-fjato,  or  oiM 
watercourse,  HoaitiJ 
(ish  roHortiiif^tluwol 

»I18  plr  J<3(1  (HI,  (PVtl,iJ 

tho  purpoHcol'8|iiivii|.| 
tiiteaproi>t!riui(lMm.| 
[o  person  Hhall  periinil 
stream,  cove,  lake  (jl 

3,  mcslioa,  or  scales  oil 

Dii,  knowing  thesawl 
•,  and  every  Halnion  A 
ainant  by  aiiyjibfoj 
ik,  or  estuary,  oroiinl 
r  tlio  pnrposo  of  takinjl 
lose  than  one  Ltinilttill 
?t  or  fleet  of  nets, 
r  after  the  lOtluhvii 

I  this  section  Klialikl 
ivernor  in  council  nwl 

II  bo  as  biudiii);  onii 

is  chapter  shall  licsoM 
ets,  and  other  conttiij 
eited,  and  may  bcseias 
b-coUeetor  of  custonid 
liy  virtue  of  a  wiimul 
coniphiintniadeoiiiiai| 
e  same  may  he  declare 

rdon,  or  constable,  mij 
rection  or  barrier, » 
same  may  be  destroyij 
preventive  officer,  npi 

Ihall  V>e  recovered,  wll 
irposo  snch  justia'Diil 
s  or  warrant,  to  apjH-ir 
shiill  cause  all  m\A 
blic  anetion,  or,  wlinl 
ills  chapter,  (lestroyrfl 
osts,  snch  juNtice  sliiT 
prisoned  for  any  perid 

d  tho  proceeds  tlim 
iFender  to  convictim 

!er  nnder  this  clmpt^ 

Kunui  shall  hesiilisia 
ter. 

eiiue  for  Labrador,! 

.  of  this  island  awli| 
ri be  their  duties  forll 

s\icU  oflicers  to  bep 


ation  t"  the  elainmof  United  States  fishermen  for  losses  occasioned  by  certain  occnr- 
niicesat  I'oitiino  JJay,  Newfoundland,  in  January,  187H;  and  I  have  toae',iniint  your 
lordship  that  1  sluill  send  a  copy  of  yonr  letter  to  tho  honorable  tho  Secretary  of  Stat© 
atWa-^hington  by  the  (earliest  post. 
I  have,  &c., 

W.  J.  HOPPIN 


3t 


legos  granted  by  trci| 


United  SrAT?:s, 

Loudon,  JiiiiKh^^H 

■our  lordship's  Mtffj 

l;U.hof  Ansiisl'"*'! 


Document  No,  37. 

Mr.  Evarts  to  Mr.  Babson. 

Depaktment  OF  State, 
Washington,  August  5, 1879. 

SiE :  Arrangements  have  been  made  by  which  the  naval  steamship 
Kearsarge,  under  the  command  of  Conuuander  llenry  F.  Picking,  will 
spend  some  weeks  in  cruising  over  the  li.sliing  grounds  resorted  to  by 
ourfisbing  Heot  in  the  waters  of  the  Newfoundhiud  and  the  Gulf  of  St. 
Lawrence.  Yon  arc  desired  to  join  tliat  vessel  at  Shediack,  New 
Brunswick,  in  company  with  Alfred  J)  "  oster,  esq.,  of  Boston,  with  as 
little  delay  as  possible.  TJje  vessel  will  be  there  ready  to  receive  you, 
and  Commander  Picking  will  have  been  advised  of  the  duty  assigned 
yon  ami  Mr.  Foster,  as  set  forth  in  the  instructions  given  you. 

Tho  general  i)ur])ose  of  this  (uniise  of  the  Kearsarge  is  to  examine  the 
condition  and  conduct  of  our  fishing  interest  in  those  waters;  to  ob- 
serve the  methods  and  equipage  of  our  ftshermeu  as  used  in  the  fisher- 
ies within  three  miles  of  the  shore,  and  the  treatment  shown  them  in 
the  pursuit  of  their  industry  by  tho  local  authorities  and  the  population 
of  the  coasts  to  which  they  resort.  You  have  been  selected  to  accom- 
pany the  Kearsarge  in  this  cruise  from  your  thorough  and  prolonged 
oxi)erience  in  the  fishing  interests  of  our  people — from  your  personal 
acquaintance  of  the  character  and  habits  of  the  men  engaged  in  this 
pursuit,  and  from  your  especial  conversance  with  the  general  scope  of 
the  relations  between  these  interests  and  those  of  the  coast  population 
\  of  the  provinces  as  develo[)ed  by  the  rivalry  and  conflict  between  them, 
which  have  seemed  inseparable  from  the  common  enjoyh'«ent8  of  the 
lisheries. 

Alfred  D.  Foster,  esq.,  will  accompany  you  as  your  legal  adviser  and 
jtobo  in  charge  of  the  taking  and  reducing  to  form  of  such  depositions 
I  or  statements  as  you  or  he  may  think  of  importance  for  the  information 
I  of  the  government  in  this  important  inquiry. 

The  consuls  of  the  United  States  at  the  ditiferent  points  at  which  you 

[  may  tench  are  expected  to  give  you  every  aid  in  their  power  towards 

jthe  objects  in  view,  and  to  furnish  you  with  any  information  in  their 

possession  that  may  be  properly  incorporated  in  your  report  of  the  situ- 

t  atiou  of  affairs  on  the  coasts. 

It  is  (|uite  possible  that  some  of  our  fishermen  may  wish  to  be  advised 
I  as  to  the  course  which  the  government  thinks  tliem  justified  in  taking 
should  the  local  authorities  assume  to  interf  re  with  them  in  the  peace- 
able pursuit  within  tho  three-miles  line  of  their  fishing  methods  and  the 
use  of  their  seines  and  fishing-tackle.    This  interference,  if  attempted, 
j  will  doubtless  be  based  upon  the  local  legislation  of  the  provinces  regu- 
liithig  the  fisheries  on  their  coast  within  the  three-miles  line.    In  the  view 
I  of  this  government,  these  local  regulations  are  incompetent  to  curtail  or 
jcoiitrol  the  participation  oi"  our  fishermen,  as  accorded  by  the  Treaty  of 
jWasliington,  in  their  inshore  fisheries.    So  long  as  our  fishermen  use 
j  methods  and  apparatus  in  their  judgment  adapted  to  catching  the  fish 


I  il 


'M 


ALLEGED   6UTRA0E   UPON  AMEftlCAJj   ftSlfERMEN. 


ill  the  most  efficient  and  most  profitable  manner  to  the  indnstr^  tlioy  aro 
pursuing,  to  wit,  fishing  from  vessels  manned  and  fitted  from  our  porLs, 
and  seeking  profit  therefiom,  and  so  long  as  they  do  not  moles  {\u\  pro' 
vincial  fishermen,  pursuin-r  their  own  methods  in  their  equal  right,  ihis 
government  regards  our  fishermen  as  within  the  treaty  right  ami  under 
uo  necessity  of  conforming,  either  in  regard  to  days  or  seasons,  or  appii. 
".atus,  to  the  prescriptions  of  the  local  regulations  of  the  i)roviri(o.s. 

You  will,  however,  be  careful  to  make  our  fishermen  understand  tlmt 
they  are  not  to  resist  the  lawful  authorities  in  any  legal  or  judicial  proc 
ess  or  proceedings  which  may  be  taken  against  them  in  maintennncoof 
these  local  laws.  Taking  care  to  preserve  due  evidence  of  this  internip. 
tion  of  their  rights  and  of  the  loss  and  damage  thus  occasioned  thein, 
for  the  vindication  of  their  rights  and  the  redress  of  their  grievances, 
they  will  leave  to  their  government  the  proper  representation  to  tin; 
British  Governmouc  to  secure  indemnity  for  the  past  and  the  prevention 
of  future  injuries. 

I  do  not  deem  it  useful  to  indicate  to  IMr.  Foster  or  yourself  more 
specifically  the  line  or  methods  of  your  inquiries.  As  full  and  trust 
worthy  an  exhibition  of  the  working  of  tlie  system  of  the  Treaty  of 
Washington  within  the  three-miles  line  as  you  can  gather  from  yoiu-  owu 
observation  and  from  the  evidence  which  yow  can  acquire,  is  desired  ;i8 
the  result  of  this  expedition.  While  on  board  the  Kearsarge  you  and 
Mr.  Foster  will  be  observant,  of  course,  of  the  system  of  the  8hi))'s  dis- 
cipline so  far  as  it  may  need  to  affect  the  execution  of  the  duty  coufidcd 
to  you,  and  to  the  cordial  co-operation  of  the  naval  authorities  botliyoii 
and  the  government  can  safely  trust  the  prosperity  of  the  service  ex- 
jiected  i'rom  you. 

You  will  correspond  only  with  this  dej)artment,  and  be  careful  to  avoid 
any  communications  that  may  lead  to  any  publication  of  the  ])rogn's.sor 
results  of  the  cruise,  except  by  authority  of  this  department. 
I  Sim,  &c., 

WILLIAM  M.  EVAIITS, 


Document  No.  28. 


^i  : 


V.  Evarts  to  Sir  Edward  Thornton. 

Department  of  Statu, 
Wai..dngton,  August  5, 1879. 

Sib  :  I  have  the  honor  to  acquaint  you  with  the  purpose  of  this  gov 
ernment,  in  view  of  the  importance  of  the  pending  questions  respectiiij; 
the  fisheries  of  Newfoundland  and  the  Gulf  of  Saint  Lawrence,  and  ibr 
the  better  obtaining  of  the  latest  accessible  inforuiiition  with  respect  to 
those  lisheries,  to  send  a  naval  vessel  of  the  United  States  to  the  inari 
time  provinces  and  ports  of  the  Dominion  and  the  adjacent  lisliiiig 
grounds,  for  the  purpose  of  making  a  careful  examination  of  the  con 
duct  of  those  inshore  fisheries  by  the  American  fishing  fleet,  wliicli, 
under  the  Treaty  of  Washington,  may  visit  those  waters,  and  also  of  | 
the  treatment  which  our  fishermen  and  their  industry  receive  attbe 
hands  of  the  local  authorities  and  poi)ulat:on. 

The  United Statessteamer Kearsarge,  underthe  chargeof  Comniauder 
Henry  F.  Picking,  U.  S.  N,,  has  been  detailed  for  the  assigned  duty,  and  | 
is  now  in  the  Gulf,  with  orders  to  await  at  Shediac,  New  Brunswick,  tbe  i 


ALLEGED   OUTRAGE   UPON  AMERICAN   FISHERMEN. 


235 


iirrival  of  tbo  agent,  who  has  been  directed  to  embark  at  that  place. 
This  agent  is  instructed  to  make  inquiry  and  report  as  to  the  operation 
of  tbe  treaty  stipulations  and  local  laws,  and  the  general  <;ondition  of 
affairs  in  that  locality,  so  far  as  the  fishing  interests  of  citizens  of  the 
LIuited  States  are  concerned,  with  a  view  to  a  better  understanding  of 
tho  questions  involved,  and  the  adjustment  of  points  of  difference  be- 
tween tlio  two  governments,  if  practicable. 
I  have,  &c., 

WM.  M.  EVARTS. 


Document  No.  29. 
Messrs.  Bdbson  and  Foster  to  Mr.  Evarts. 

Boston,  Septemhc:  29,  1S79.    (Received  October  2.) 

Sir:  In  accordance  with  the  instructions  received  by  us  from  tiio 
I  Department  of  State,  under  date  of  5th  August,  1879,  desiring  us  to  join 
J  the  United  States  steamer  Kearsarge  for  the  purpose  of  examining  the 
I  condition  and  conduct  of  the  United  States  fishing  interests  in  the  waters 
[of  tlie  British  North  American  Provinces,  and  to  "  observe  the  methods 
and  equipage  of  our  fishermen  as  used  in  the  fisheries  within  three  miles 
of  the  shore,  and  the  treatment  shown  them  in  the  i)ursuit  of  their  in- 
dustry by  the  local  authorities  and  the  population  of  the  co{\sts  to  wiiich 
tliey  resort,"  we  have  the  honor  to  report  that  on  August  10  we  met  the 
jlv'arsarge  at  Shediac,  New  Brunswick,  and  proceeded  immediately  to 
|01iarlottetown,  Prince  Edward  Island. 

This  island,  from  its  situation  in  tlie  Gulf  of  Saint  Lawrence,  is  the 
[most  convenient  point  of  observation  for  examining  the  fisheries  pursued  ,; 
[by  the  American  vessels  in  these  waters. 

The  principal  fishery  followed  by  the  American  fisherman  in  the  waters 
[of  the  Gulf  of  Saint  Lawrence  is  the  mackerel  fishery.  These  fish  are 
[found  along  the  whole  coast  of  North  America  north  of  Ci»;)a  Hatteras, 
[appearingn  ear  the  New  England  coast  in  May,  and  in  the  Gulf  of  Saint 
[Lawrence  early  in  June. 

There  is  a  great  diversity  of  opinion  among  scientific  observers  in  re- 
[pard  to  the  habits  of  the  mjickerel,  whether  they  spend  the  winter  in 
[the  Gulf  and  near  the  coast  where  they  appear  in  the  summer,  or  whether 
Ithey  winter  in  the  South  Atlantic  and  gradually  come  north  along  the 
jcoast  as  the  water  becomes  warmer  in  the  spring,  arriving  in  the  Gulf 
[in  the  early  summer.  \ 

Whatever  the  true  theory  may  be,  it  is  certain  that  tiie  American 
fisherman  finds  the  mackerel  in  the  spring  in  the  South,  and  follows 
[them  along  tlie  coast  of  the  United  States  until  they  finally  reach  the 
Idiilf. 

I'reviously  to  the  Reciprocity  Treaty  of  1854  the  mackerel  fishery  was 
almost  wholly  in  the  hands  of  the  Americans,  the  provincial  fishermen 
pntining  themselves  entirely  to  the  cod  fishery ;  this  treaty,  by  open- 
lug  the  markets  of  the  United  States  to  Canadian  fish,  stimulated  this 
ludustry,  until  now  Canadian  flshermen  engage  in  this  fishery  on  all  the 
oasts  of  the  maritime  provinces. 

The  methods  of  taking  mackerel  in  use  by  the  Canadian  and  Amer- 
ican fishermen  diifer  widely.  The  Canadians  fish  in  small  boats,  going 
Tutasliort  distance  only  from  the  shore,  returning  to  their  homes  each 
[light,  and  using  hand-lines  alone.    In  Prince  Edward  Island  there  were 


23(5 


ALLEOED   OUTRAfJE    UPON   AMERICAN    PrSItHRMRV. 


if  ' 


«'ii;ifajf<>(l  in  the  tlshc.rit's  diiriii^  the  year  187H,  1,175  boats,  and  onlyi; 
vt'ssuls. 

I'rolessor  Hind,  in  liis  confldontial  roi)ort  to  tlio  Canadian  (Joverii 
nient  ni>on  the  otteet  ot'thu  VVa.shinjjjton  Treaty  on  (!anadian  lisiu'rics 
Hpeakinjj  of  the  differenee  in  tlie  modes  of  llshinj,'  nsed  by  the  CanadiaiH 
and  Americans,  Hays : 

Maokorol  ciitcliiiiR  is  a  H])e(!ial  iiuliiNtry,  and  ro(|iiiro8  mia-Koiu^  vohsoIh.  The  boat 
c(|iii|>iiiont  HO  coiiiinoti  ttiroii^lioiit  UritiNh  Aiii(ti'icii.ii  wiitors  is  wliolly  iniHuitiMl  to  the 
pursuit  of  tluwiiackorol  MO  larjjoly  carritxl  on  l>y  lJiiit(vl  .Sf-atos  lislmrnion,  Iininniinf 
si'liools  of  niiickerol  urn  frcqiKMiftly  loft  iinniolimtitd  in  tin*  Otilf  anil  on  tlui  (M)iistof  Ni'w- 
fonndlanil  in  conHuqitouco  of  thu  iiaheruiou  boiug  uupruvidud  with  Hiiituble  veHselHund 
tiHliin^  f^itar. 

The  American  ftsliermon  carry  on  tlie  mackerel  fishery  in  large  vessi'ls 
of  from  50  to  150  tons  burden.  ThcHe  vessels  are  sailed  on  a  mutual  sys 
tem  of  division  of  profits,  the  owners  providing  the  vesvsels  and  (»uttits 
and  the  crew  their  time*  and  labor  for  (he  trip;  the  proceeds  of  tho voy- 
age are  divided  e<iually,  one-half  to  tlie  owners  and  the  other  half  to  tlie 
(irew.  The  average  value  of  one  of  tiiese  vessels  is  $:i,()0(),  the  sciue  aiiJ 
seine-boat  $1,000,  and  the  cost  of  the  outfit  about  $000;  the  leriffth  of  | 
time  emi)loyed  in  a  trip  to  the  (rulf  is  usually  about  twelve  weeks. 

The  mode  of  conducting  the  ma(;kerel  fishery  on  the  part  of  the  Amer- 
icans, lias,  duringthe  pastfew  years,  been  uuilergoing  great  change  and 
improvement.  Formerly,  the  way  of  taking  msicdverel  was  by  hand-liiips; 
bait  cut  fine  was  thrown  from  the  vessel  into  the  water  for  the  piirpow 
ol  attracting  the  mackerel  to  the  surface,  and  they  were  then  taken  by  | 
haiul-lines. 

As  mackerel  are  often  found  in  immense  bodies  or  schools,  thooppoi 
tunity  to  take  them  in  large  quantities  led  to  the  invention  of  the  piirsi' 
or  deep  water  seine,  whicli  has  been,  for  the  last  fifteen  years,  the  usual 
mode  of  taking  mackerel  by  the  Americans,  and  is  known  jis  the  Aimr 
ican  method.  Tliis  method  was  iu  full  operation  long  before  the  adop 
tion  of  the  Washington  Treaty,  and  was  as  much  a  part  of  the  business  | 
as  the  use  of  the  vessel,  and  when  American  fishermen  were  allowed  i 
use  the  Canadiau  inshore  waters,  it  was  well  known  and  understood  tliit  I 
they  woukl  use  all  their  improved  appliances  for  taking  mackerel  or 
any  other  fish.  These  large  purse  seines  are  fifteen  hundred  feet  Ions;  | 
and  one  hundred  and  fifty  deep,  and  can  be  graduated  in  size  and  used 
in  deej)  as  well  as  shoal  water. 

Nearly  all  the  American  mackerel  vessels  are  now  equipped  with  jnirse  j 
seines,  and  by  their  use  the  time  employed  in  taking  a  trip  of  niackenl 
has  been  very  much  shortened,  for  with  a  seine,  when  mackerel  are| 
plenty,  a  full  fare  can  sometimes  be  obtained  in  a  few  days,  while  byt 
hand  line  it  requires  weeks  and  sometimes  months  to  procure  a  trip. 

Mackerel  are  a  migratory  fish,  and  their  capture  is  a  matter  of  iniiclij 
uncertainty ;  they  appear  and  disappear  in  large  bodies,  and  neither  tk  j 
time  uor  place  where  they  can  be  taken  can  be  determined  beforeliainlj 
wit''  any  a'^curacy.  The  only  resource  of  the  fisherri  au  is  to  be  pre  I 
pared  with  the  most  oxi>editioua  means  of  taking  them  whenever  tlnj 
opportunity  occurs. 

The  quality  and  value  of  mackerel  depend  upon  their  size  and fatnessl 
They  are  quoted  in  the  market  as  numbers  one,  two,  thr^e,  and  four, m 
cording  to  the  brand  placed  upon  the  barrel  by  the  inspector.  Hii 
and  poor  mackerel  are  nearly  worthless,  while  fine,  large,  fat  iiiackerfl,! 
such  as  are  taken  otf  Block  Island,  near  the  coast  of  New  Engkui(l,awj 
considered  a  great  luxury  and  will  sell  for  $30  a  barrel. 


Al.LEGKD   OUTRAGK    JI'ON   AMERICAN   FISIIKRMliX. 


237 


TlicHiz'N  (iiiality,  and  Mumhiirof  mmjkerol  in  tiie  (liilf  viirios  oxc(30(l- 
iiiirly  if  (lilVi'iciit  .veiuH,  HoiiH^iriu'H  bciiif;  a  iiiixod  qiuility  <»('  laij^c  uiid 
Miiiill,  iiiid  a  I  otliiT  seasons  luMiiff  very  ixjor  and  of  little  value. 

DiiiiiiU  <''*'  'H'sent  season  the  niack<5i'el  taken  in  the  (lidf  have  been 
siiiiillci'  and  poorer  than  ever  before,  aiid  will  hardly  i)ay  even  the,  C'ana- 
iliaiis  tlii'iiisclves  for  taking  them.  At  Prinee  Edward  Ishuul  inac^kercl 
can  l)cl">iif,d'^  for  about  $1  abarrel  unpacked,  while  packed,  sidted,  and 
,|(.|iv(Mi'(l  in  HoHton,they  can  not  bo  sold  for  more  than  |.'J,aiid  the  deal- 
cM  tlu'i'<'  have  refused  to  advance  more  than  $2  ui)on  the  mackerel  «!on- 
si'ikmI  to  tliein.  Indeed,  the  managers  of  some  of  the  largest  lishing 
I'stiiblisliinents  ui)on  the  island  have  this  summer  given  up  the  mackerel 
llsliciy  and  turned  their  attention  entirely  to  catching  cod  for  the  West 
Indies  market,  considering  that  after  i)aying  the  expense  of  packing 
and  tiiiMsporting  the  mackerel  there  was  no  margin  left  for  any  i>ro(lt. 

Tlie  niunber  of  American  vessels  in  the  (Julf  varies  very  much  each 
year;  there  have  been  seasons  jnevious  to  the  Treaty  of  Washingtcni 
when  as  many  as  five  hundred  vessels  were  in  theliulf  at  one  time,  but 
since  the  treaty  has  been  in  o|)erat  ion  the  number  has  greatly  dimiuisiied. 

Jly  the  ol1i(!ial  record  kept  by  the  collectin- of  customs  at  Port  Mul- 
1,'iave  in  tlie  (lutof  (^anso,  there  appear  to  have  been  in  theUnlf  in  1.S73, 
iTit  vessels  ;  bST-l,  1(54  vessels. 

This  record  for  the  years  1875  and  1S7(>  was  demanded  by  the  (!Ounsel 
(iftiic  United  States  at  the  Halifax  Commission,  but  was  refused  by  the 
liiitish  counsel,  although  it  was  admitted  that  tl.e  records  were  in  their 
liossession.  The  (nidence  produced  by  the  United  States  sluws  that 
(liiriii;;  those  years  theie  were  not  nnu'e  than  100  vessels  in  the  Gulf. 

Tiicre  were  in  1877,  00  vessels;  1878,  273  vessels;   1870,  4'i  vessels. 

Ot  tlie  vessels  in  the  Gulf  in  1870, 21  arere)(orted  as  having  obtaituHl 
7,11  If)  barrels,  an  average  of  20;5  barrels  each,  which  woidd  make  for  the 
wiiolo  tieet  13,005  barrels  taken  by  American  vessels  in  the  Gulf  this 
year.  If  one-half  of  these  tlsh  were  caught  within  three  miles  of  the 
shore,  which  ia  a  very  large  estimate,  the  value  of  the  Canadian  inshore 
mackerel  iishery  to  the  United  States  in  1879  was  only  $0,850 — this  is 
calciihiting  the  value  of  the  tish  at  the  ])rice  for  which  it  can  bo  pur- 
chased unpacked  in  Prince  Edward  Island,  and  n  a.king  no  allowanco 
lor  the.  expense  of  catching  the  mackerel. 

lu  1878  more  American  vessels  went  to  the  Gulf  than  in  any  year  since 
Ihe  treaty  has  been  in  operation.  Early  in  the  season  the  fishing  was 
jKHir  upon  the  United  States  coast,  and  nmny  vessels  went  to  the  Gulf 
ill  ho]i('  that  they  would  find  the  mackerel  there,  but  most  of  them  re- 
iiirned  at  once  and  did  much  better  on  the  American  shore. 

The  wlude  American  catch  in  the  Gulf  iti  1878  was  only  01,023  barrels, 
wliile  i;{4.545  bairels  were  taken  on  our  own  coat^t.     Every  veRsel  en- 
Is^ip'd  in  the  Gulf  mackerel  fishery  during  the  last  two  years  has  lost 
I  UKiney. 

We  inclose  a  list  of  the  United  States  mackerel  fishing  vessels  in  the 
|(!idtof  Saint  Lawrence  during  the  pn^sent  summer,  and  the.  nuud)er  of 
hiirrcLs  taken  by  each  vessel,  as  reported  at  Port  Mulgrave,  in  the  Gut 
jttK'anso,  September  1  (inclosure  No.  1). 

The  reports  of  the  Canadian  department  of  marine  and  fislieries  for 
I  Several  years  have  contained  comi)laints  fi  ^m  diflerent  parts  of  tho'coast 
ahtmt  the  poorness  of  the  mackerel  fishery;  the  usual  reason  given  being 
[tliiit  the  use  of  purse  seines  by  the  Americans  broke  up  the  schools  of 
hiiickerel,  and  the  casting  overboard  of  the  small  fish,  which  are  some- 
I times  killed  by  the  seines,  prevented  the  mackerel  from  taking  the  bait, 


238 


ALLEGED   OUTUAOE    I'l'ON    AMERICAN    FI8HEKy 


The  flHlicry  ovoreecr  Irom  Prin(!e  County,  Priiic*^  Edward  iNlimd 
8i)eukin}f  of  the  docrt'iiNC  in  vuluc  of  the  llNheiios,  suyH  : 

TIiiN  f°uinii)(  oft'  iH  principally  in  tho  niiickttriil  dHhury.  FiHhinf;  wuh never  iiiiir«vi|;. 
oriiiiMJy  prnHeciitiMl  tlit>..i  liint  wtUHun,  (tl4  Ixtatn  and '^,(MI>  men  bcini;  engugcd  in  tbi) 
intluHtry  ;  but  the  tlHhernien  Ntuto  tiiut  owin^  to  ho  niiiny  vohhoIh  tiHliinu  with  m\u^ 
Htul  tiirowinKOveriioiird  liirKe(|uantitii'N<>f  dead  IInIi  llie  nuiekerel  woultVuol  tnketbe 
bait  (Report  Deiiurtnient  Mariim  and  FiMlieries,  1H7H,  p.  ilH'A). 

Siinilur  comphiintH  appciir  in  tho  reportti  from  tho  other  iiiiuitiiiie 
provinceB,  and  petitions  have  lu-en  jjiewented  to  the  department  uifjiug 
that  ]MirHO  HeineH  Hhonhl  be  proliibited. 

In  the  report  for  1877,  page  53,  Mr.  Whitcher,  the  commissioner  of 
fl.shcaiea,  says : 

TiieniodoH of  HHliin^nioHt  objectionable  ainongHtttio.^Hlieruien, and  no/ j>r(>vi(Ma//aJ«ii 
bji  oitrjisheni  lawn,  are  piirHO  HeincH  and  trawls.  Their  n«e  Iium  been  jietltione<l  ujimn 
from  several  wa-coast  diHtriets,  It  iH  not  deHirable  to  interfere  with  either  mitiltiir- 
tLer  in(iuirieH  and  more  particular  obuervationti  can  be  made. 

Although  the  Canadian  commissioner  of  fisheries  in  1877  was  of  the 
opinion  tliat  the  use  of  purse  seines  was  not  provided  against  by  the 
Canadian  lishery  hiws,  yet  on  June  0,  1871),  the  following  notice  wu 
issued  from  the  Canadian  department  of  marine  and  tisheries  at  Ottawa, 
and  sigjied  by  Mr.  Whitcher : 

Canadian  In.shore  FiSHKHiKS.—DKPAnTMRNT  of  Marine  andFisfierieh,  Fishehiks 

BUANCH. 

Ottawa,  June  G,  I87i), 

Public  notice,  and  particularly  tho  attention  of  deep-Hea  and  inshore  nsluTiiieii,ij 
directed  to  the  following  itrovisioiiHof  the  statute,  HI  Vic,  cap.  GO,  known  a.s  tiie lisli- 
ericH  act,  passed  on  the  !i5Jd  May,  IHtiM. 

1.  Section  14  prohibits  the  throwinjj;  overboard  or  leaving  of  dead  or  decaying iish, 
or  remains  of  oll'als  of  lish,  or  other  marine  animals,  w  in  any  water  whero  li»iiiii^ 
is  carried  on,  or  upon  any  lishing  bank  ;  also  forbids  '  g  the  same  in  any  uctot 

other  fishing  api)aratus. 

'2.  Section  14,  subsection  2,  provides  that  dead  or  «.^^.i,ying  flsh,  or  any  otiieidei- 
oterions  substance,  shall  not  be  drawn  into,  or  allowe<l  to  pass  into,  or  be  left  or  re- 
main in  any  water  freciuented  by  any  kinds  offish  mentioned  in  tlm  fishery  laws. 

3.  Section  13,  subsection  7.— Bag-nets  and  trap-nets  and  tish-pounds  are  proliibittd, 
excoptinj;  under  special  licenses. 

Besides  the  tines  imposed  by  said  statute,  any  oft'ender  against  the  lisbery  laws  is 
liable  to  the  iorfeiture  of  llie  nets,  materials,  implements,  or  appliances  used  ium- 
uection  with  the  ottense. 

Fishery  olBcers  amy  seize  upon  their  own  view,  or  on  complaint,  any  fisbiiij,' gear 
subject  to  confiscation,  and  fine  offenders  forthwith. 

British  and  foreign  fishermen  alike  are  re([uired  to  conform  to  the  Canadian  fishery  I 
laws. 

It  having  been  establi.shed  in  evidence  that  certain  kinds  of  nets  used  for  mackerel 
and  other  fish  are  fished  in  contravention  of  tho  fishery  laws,  by  destroying' quan- 
tities of  small  fish,  besides  mature  fishes  which  are  thrown  away  dead  or  dyiii},',  orate 
loft  to  decay  on  tho  fishing  grounds  or  within  the  inshore  waters,  the  fishery  oliicere 
aro  instructed  to  strictly  enforce  tho  fishery  laws  passed  to  prevent  such  illegal  r"" 
injurious  practices. 

Thev  are  also  instructed  that  British  sulyects,  when  fishing  in  British  waters,  ar« 


iind  to  conform  in  every  respt^ct  to  tho  Canadian  fi.shery  laws,  i 
hing  within  three  miles  of  the  coasts  of  Canada,  under  treati 


and  that  foreiguor* 
OS,  in  conuiion  witb  I 


bo 

fish...„  .  ^ 

British  subjects,  are  required  to  do  so  in  conformity  with  the  fishery  laws  whictb'uv- 
em  tho  operations  of  British  fishcrmeu. 

By  order : 
'  W.  F.  WHITCHER, 

Commissioner  of  Ftaheria. 

This  circular  is  an  attempt  to  place  a  forced  and  unreasonable  con  I 
struction  upon  certain  sections  of  the  Canadian  fishery  act,  statute  31 
Vic,  cap.  GO,  and  to  apply  this  to  American  fishermen  fishfng  in  Oaua  ] 
diau  waters  under  the  Treaty  of  Washington,  in  order  to  preveut  "" 


ALLEOEU   OUTUAQE    UPON   AMEKICAN    FlHliEUMEN. 


230 


woultl  uot  tukcthe 


commissioner  of 


I8IIE1UES,  FlSUEHltS 
AWA,  June  G,  1871). 


use  of  purHu  sciuus.     Tlie  full  text  of  tUo  HcctiuuH  rulciTod  to  iu  ut)  fol- 
lows : 

XXXI  Victoria,  Cap.  flO. 

Skc.  H.  VVlioover  thrown  overboard  ballnHt,  coal,  aHlii-H,  MoiirN,  or  otlirr  projiidlolal 

(jrilrletorioim  HiibHtaiicos,  in  any  river,  harbor,  or  roailHttwul,  or  iiiiy  wati^r  whore  HhU- 

jiiL' in  wiriicd  on,  or  throwH  overboard  orletH  Tail  upon  any  tlHhiiin  iiank  or  jjroiinil,  or 

liMVi'N,  or  <i<'poHitH,  or  caimeH  tobetlirown,  left,  ordepoKiteil  u|ion  tiiuMliore,  bciusli,  or 

hunk  of  any  water,  or  upon  tlie  beach  between  Iii^h  anil  low  waliu'  mark,  inHJdeoi'any 

tiilal  cstiiiuy,  or  within  two  linndred  yards  of  the  month  of  any  Hiihnon  ri  v<^r,  remaiim 

iir  (iII'i'Ik  <>I  li'^li  I""  <>f  marine  aninialH,  or  h^avcH  decayt-d  or  decay  iii^  fish  in  any  net  or 

ll^liini;  'iijMiratuH,  Bhall  incur  for  any  hucIi  otfeuHe  a  line  not  («x(;e<>din}!  one  linndred 

I  iliillai's,  01' inipri.ionmoDt  for  not  more  than  two  niouth.s,  and  every  p'trxon  mo  doinu, 

whutlitT  musler  or  servant,  and  tlie  master  or  owner  of  any  ^eswel  or  boat  fiom  which 

mull  biilluHt,  oti'als,  or  other  prejudicial  substance  are  thrown, shall  severally  becomo 

liiililu  for  ouch  oilV-nso ;  provided  always,  that  it  shall  be  lawful  to  bury  such  remains 

oriitliilH  attlioro,  beyond  the  months  of  riveiH,  for  carrying  on  deep-sea  fisheries,  to 

iilrii|)  till)  miiiio  into  perforated  boxes  or  inclosnres  built  upon  the  beach  or  under 

I  stas'D-liuiidi*  ill  t*i>eh  manner  as  to  prevent  the  same  from  being  lloaled  or  drifted  into 

I  iliii  HtruuriiH,  ur  to  dispose  of  them  in  such  other  luauner  us  may  be  prescribed  by  any 

lisliery  olllccr. 

•2.  Liini',  chemical  substances,  or  drugs,  poisonous  matter  (liiiuid  orsolid ),  dead  or  de- 
I  cayiiiKfiNli.orany  otherdoleterioussnbstaiice,  shall  not  bedrawn  into,  orallowed  to  pa.ss 
liiii),  bu  left'  or  remain  in  any  wa^er  fre<|ueiited  by  any  ofMn;  kindi.  of  Ibih  mentioned 
lintliisact;  and  saw-dust  or  mill-rubbish  shall  not  be  drifted  or  thrown  into  any  stream 
I freqiioiilcil  by  lish,  Uider  a  nenalty  not  exceeding  one  hundred  dolhirs;  jirovided 
lahviiys,  that  the  minister  shaU  have  power  to  exempt  from  the  operat  io.i  of  this  sub- 
[iddiim,  wholly  or  froiu  iiny  portion  of  the  same,  anv  stream  or  streanui  in  which  ho 
IcniisidurH  tliat  its  enforce. uent  is  not  requisite  for  the  public  interest. 

.Skc.  1<!(7).  Kag-nets  and  trap-nets  and  fish-ponds  are  prohibited,  except  under 
|ii|HTial  licenses  for  capturing  decp-soa  iishes  otlief  thwi  salmon.  (Fishing  acts  of 
|(;anaila,  inclosiire  No.  11.) 

Alter  citing  the  forcgoiug  section  Mr.  Whitcher  lays  down  his  cou- 
[structioii  of  tlie  tisliery  act  in  the  in.^triictions  to  the  flshery  olllcers. 

It  liaviii;:;  been  established  in  evidence  that  certain  kinds  of  nets  used  for  mackerel 
laiiilotbtT  lish  are  fished  in  contravention  of  the  lishery  laws,  by  destroying  quantities  of 
iBinall  lish, besides  mature  Iishes  wlii(;h  are  thrown  away  d('ii<l  aiid<lying,  orareleft  todo- 
Icav  oil  the  lisliiug  grounds  or  within  the  inshore  waters,  the  fishery  oflicers  are  lu- 
jjtrucuiil  to  strictly  enforce  the  tishery  laws  passed  to  prevent  said  illegal  practices. 

Among  tlio  many  claims  brought  forward  on  behalf  of  the  British 

[Governineutbeforethe  Halifax  commission  as  reasons  why  alarge  award 

Islioiilil  bo  made  by  the  commissioners,  the  deleterious  ettect  upou  the 

[Ciuiiuliuii  inshore  fisheries  that  would  be  caused  by  the  use  of  purse 

l6i'iiie.s  by  the  Americans  in  the  gulf  was  insisted  upon.     Evidence  was 

jkoiijjht  forward  attempting  to  show  tiiat  seining  at  times  destroyed 

tee  nuinbers  of  small  lish,  unfit  for  food,  and  these  being  thrown  over- 

Wd  were  eaten  by  the  mackerel,  who  thus  gorged  with  food  wouhl 

[iiot  take  the  bait,  or  attracted  prcdaceous  fish  which  drove  the  mackerel 

away. 

All  tlio  complaiuts  uow  made  by  the  fishermen  against  the  use  of 

piuse  seines  were  made  before  the  Halifax  commission.    The  size,  shape, 

Biiil  mode  of  using  these  seines  was  shown  by  the  evidence,  and  their 

Weged  destructiveoMSS,  aud  the  evil  effect  they  would  have  upou  the 

tiuuidiaii  fisheries  were  pressed  upon  the  commissioners  by  the  British 

fcoimsel  in  their  final  argument^  and  must  be  presumed  to  have  been 

pkt?u  into  account  by  the  commissioners  in  making  their  award. 

All  modes  of  fishing  by  which  large  bodies  of  fish  are  inclosed  at  once 
fcf  necessity  must  take  immature  flsh,  but  whether  this  waste  has  any 
peet  upon  the  whole  supply  of  fish  in  the  sea  is  very  doubtful. 

Ill  1803  a  commission  was  appointed  by  the  British  Government  to 
Mamiue  into  the  sea  fisheries  of  the  United  Kingdom,  aud  to  ascertain 
Nhetlier  any  of  the  methods  of  catching  fish  in  use  in  such  fisheries 


"WW- 


240 


ALLEGP^D   CCTRAGE   UPON   AMERICAN    PIRHERMEN. 


iili'.i'  Z^tiA' ''.  }'y\. 


involves  a  wusteful  dostruction  of  fi.sl».  or  spawn,  and,  if  80,  wlicthorits 
probable  that  any  lej^islative  reHtri(5tion  ni)on  such  method  of  flshiuj, 
wonld  result  in  au  increase  of  the  supply  jf  fich." 

The  counnissioners,  James  Caird,  Thomas  II.  Huxley,  and  (icor^jcS. 
Lefevre,  after  a  long;  and  elaborate  examination  into  tlie  metlioils  of  114 
lug  and  the  apparatus  in  use  by  the  fishermen,  in  which  the  same  com 
plaints  now  made  by  the  Canadians  against  i)urse  seines  were  inadi'liv 
tlio  English  fishermen  against  the  use  of  seines  and  beam-trawls,  recoui- 1 
mended  to  the  British  Government  that  all  acts  of  Parliament  whicli 
professed  to  regulate  the  modes  of  fishing  purLmed  in  the  oi)enseaor 
inshore  Abaters  be  repealed.  The  commissioners  state  they  do  not  con 
sider  that  there  is  any  crvidenco  that  operations  of  man  have  any  great 
effect  upon  the  supply  of  lish  in  the  sea ;  and  that  whatever  effect  is  pro 
duced  by  waste  or  extravagance  in  the  capture  of  fish  is  itself  so  tritliiig  j 
in  proportion  to  the  natural  wear  and  tear  of  the  fish  that  it  inavb« 
thrown  entirely  out  of  account.  (Sea  Fisheries  Commission  liepoft 
1866.) 

The  inspectors  of  salmon  fisheries,  in  their  report  to  the  colonial  office  I 
and  inclosed  in  +he  dispatch  ffom  Sir  M.  IIi<;k8  Beach  to  the  gov(>iiiorof | 
Newibundland  (inclosui^es  numbers  S  and  9),  coincide  with  this  opinion, 
and  say  further  that  no  regulations  which  any  single  natioi;  can  niakeiDJ 
regard  to  the  fisheries  are  of  any  great  value,  and  that  any  "  lejinlatioDs,! 
therefore,  api)l'cable  to  the  territorial  waters  would  have  the  offcctofj 
driving  the  fishery  further  from  the  siiore;  they  would  have  noeftl'ot| 
Mphatever,"  ^ 

Ino  attempt  has  been  made  to  enforce  the  laws  against  seininj;  (luriiigl 
the  present  seavS0U,*but  if  next  year  mackerel  should  be  more  plt'iitj  ia 
the  gulf,  and  American  fishermen  should  resort  there  in  greater  miiii| 
bers,  any  attempted  enforcement  would  be  productive  of  nuicli  trouble,! 
and  would  i)ractically  prevent  them  from  obtaining  any  benefit 
the  treaty  in  the  inshore  waters  of  the  Dominion,  by  forcing  them  to| 
fish  entirely  outside  of  the  Canadian  Jurisdiction. 

As  by  section  16  of  the  fishery  act,  find  by  the  instructions  of  tkl 
commissioner  of  fisheries,  the  fishery  officers  may  seize  "  upon  theirj 
own  view«or  ou  complaint"  all  nets  and  appliances  used  in  contraveaf 
tion  of  this  act,  "  and  fine  offenders  forthwith,"  one-half  of  the  finej 
going  to  the  informer,  American  fishermen  even  when  usinjf  theirl 
seines  outside  the  three-mile  limit  will  be  liable  to  incessant  troiiblel 
and  interruption. 

On  Friday,  August  15,  we  left  i'rince  Edward  Island  for  the  Magdal 
leu  Islands,  arriving  there  the  evening  of  the  KJth.  Under  the  convenl 
tion  of  1818  the  Ameiican  fishermen  have  the  right  to  fish  on  tlioshoreij 
of  the  Magdalen  Islands  without  any  restriction  as  to  distance.  iSituatedl 
in  the  center  of  the  Gulf  of  Saint  Lawrence,  these  islands  wore  for] 
m'irly  the  resort  of  large  bodies  of  mackerel,  which  remained  there  a 
summer  ;  and  until  the  last  few  years,  Ameri(!an  vessels  found  aioiii 
these  islands  the  best  fishing  places  in  the  gulf. 

Mr.  Fox,  the  collector  and  fishery  overseer  of  the  Magdalen  lKlaml»,| 
testified  before  the  Halifax  commission  that  in  1861  he  connted  " " 
American  schooners  engaged  in  fishing  near  the  islands.  When  ^ 
saw  him  there,  this  summer,  he  informed  us  he  had  not  seen  a  siii(;!s 
IJiiited  States  vessel.  In  1877  about  thirty  vessels  fished  near  tb^ 
islands.  In  1878  only  120,  and  none  of  these  vessels  did  well.  This  yea 
the  mackerel  catch  at  the  Islands  lias  been  a  failure;  very  few  M 
^K\ii  taken  bytiie  inhabitants,  and  they  were  all  small,  iiotexceeiliugll 
inches  in  length, 


ALLEGED    OUTRAGE    UPON    AMERICAN   FISHERMEN. 


241 


Koriiicrly  ii  large  herring  business  was  earried  on  here,  ahnost  exclu' 
liiivciv  l)y  Americans.  TI  is,  although  called  a  fishery,  was  really  merely 
la  (oiiiiiiciciiil  transaction,  the  vessels  bringing  seines  and  hiring  the 
liiiitivt'  lisiiei'men  to  catch  the  herring  at  an  agreed  price  per  barrel,  but 
Ithis,  like  idl  the  other  gulf  fisheries  curried  on  by  Americans,  has  stead- 
[ilv  (iL'crea.sod.  In  1877  there  were  engaged  iu  this  fishery  25  American 
Ivi'ssclS)  ^^  Canadian  vessels.  In  1878,  18  American  vessels,  71  Cana- 
iliaii  vessels,  and  of  the  American  vessels  oidy  four  obtained  any  herring. 
jlii  I87!t,  5  American  vessels,  42  Canadian  vessels. 

There  have  been  usually  during  the  sumrnqr  a  small  fleet  of  American 
|co(l  lisliiiiS  vessels  near  the  Magdalen  Islands ;  but  only  two  have  been 
iBi'tMi  this  year. 

In  our  whole  cruise  iu  the  gulf,  extending  over  the  most  frequented 
Ifisliiiig:  {^rounds,  we  only  saw  seven  American  schooners,  and  they  re- 
Ijiortcil  that  there  were  not  over  twenty  sail  in  the  bay. 

Lt'iiviii{?  the  Magdalen  Islands,  we  crossed  to  Cape  Breton,  landing  at 
J  Vsjic'c  Bay,  where  there  had  been  this  summer  some  trouble  between 
jtlie  native  fishermen  and  the  Americans.  During  the  present  season 
Ldiiie  Anurican  fishermen,  finding  that  there  was  at  the  French  islands 
lo!  St.  IMerre  and  Miquelon  a  large  demand  for  squid,  engaged  in  the 
[l)iisiiiess  of  carrying  squid  there  and  selling  it  in  a  slightly  salted  con- 
jdilioii  to  the  French  and  American  bankers,  to  be  used  as  bait  upon  the 
|gi  M'.d  Bunks.  This  has  proved  very  profitable,  squid  having  been  sold 
lat  St.  Pierre  as  higli  as  seven  francs  a  huiulred,  and  there  are  already 
laliout  teii  vessels  engaged  in  this  trade. 

Ill  June  of  the  present  year  several  of  these  vessels  were  at  White- 

Ijiead,  Cape  Breton,  to  procure  squid.    Whitehead  is  a  small  settlement 

Jill  Aspec  Bay,  at  the  extreme  northern  part  of  Cape  Breton,  and  inhab- 

litnl  by  about  two  hundred  fishermen.    The  people  are  very  poor  and 

jiiiiwlucatcd,  and  their  only  employment  is  cod-fishing  and  catching 

|g(|iinl  and  selling  them  to  the  ba^nkers  that  come  for  bait.    While  these 

jvissels  were  at  Whitehead  the  squid  appeared  in  the  bay  in  largo  schools, 

1,  as  is  usually  the  case  when  schooling,  would  )>ot  bite  at  the  jig,  so 

|iiitli(r  tlie  native  lishormen  nor  the  Americans  were  able  to  take  any. 

pvool'ilic,  captains  of  t)ie  American  vessels,  Ci«ptaiu  Anderson,  of  tiio 

ididoiioi  Cadet.  an<l  Captain  Goodwin,  of  the  Bay  State,  had  carried  with 

|liciii  troiu  the  United  States  seines  in  order  to  seinosquid,  and  with  these 

di;(..s  tliey  could  have  surrounded  the  squid  as  they  schooled,  and  prob- 

lilv  ill  a  tew  hauls  have  taken  a  large  portion  of  the  squid  in  the  bay, 

Inlliiii;  their  own  vessels  and  selling  the  ranuiinder  to  the  bankers  that 

\w  tliere  waiting  for  bait.    When,  however,  they  attemple<l  to  use 

licse  seines,  they  were  informed  by  the  native  fishermen  that  they  would 

jiut  De  perniitted  to  seine  a:iy  squid  in  the  bay,  and  tJiat  if  the  seines  were 

ba'd  in  the  water  they,  the  native  fishermen,  would  tear  them  up. 

^'u  iietiial  violence  was  used  by  the  natives,  but'  tlueats  were  freely 

undo  that  any  attempt  to  use  a  seine  for  squid  woul<l  be  prevented  by 

lone.    As  these  seines  ary  valuable,  being  worth  from  four  to  five  hun- 

pd  dollars  each,  the  American  captains  «lid  not  dare  risk  having  them 

ptroye(l,and  were  obliged  to  leave  without  any  squid.    Captain  Auder- 

Ni  afterwards  returned  and  purchased  a  load  of  scjuid  of  the  native 

plieniien,  paying  them  $5(51,  all  of  which  he  could  have  saved  if  lu<  had 

i*'i'ii  i»ennitted  to  use  his  seine.    These  facts  are  clearly  shown  both  by 

llu'deiKKsitions  of  the  American  fishermen  and  that  of  Mr.  Challoner,  a 

Canadian  merchant  living  at  Whitehead,  which  we  herewith  inclose  (in- 

llosiire  No.  13). 

While  at  Aspdo  Bay  we  saw  a  number  of  the  Canadian  fishermen 

S.  Ex.  113 16 


242 


ALLEGED   OUTRAGE   UPON   AMERICAN   FISHERMEN. 


I  il 


i  'I 


P'  Ll^ 


tbemsolves,  who  admitted  that  they  had  threatened  Captain  Andprsoii 
and  Captain  Goodwin,  and  that  they  liad  not  allowed  them  to  seine 
in  the  bay.  The  fishermen  said  what,  from  our  own  observation,  wJ 
believe  to  be  entirely  true,  that  they  wore  very  poor,  and  all  the  cod 
they  caught  they  soM  to  the  dealers,  and  were  compelled  to  take  their 
pay  in  goods  and  supplies  at  high  prices,  and  the  only  money  they  ever 
received  during  the  whole  year  was  the  little  they  procured  by  selling 
squid  to  the  American  vessels,  and  that  they  look  forward  all  summer 
to  the  squid  season,  which  only  lasts  a  few  weeks,  to  get  this  money  to 
pay  their  taxes  and  other  expenses;  that  if  the  seines  had  been  nsed 
when  the  squid  were  schooling,  they  would  have  been  deprived  of  this; 
money  which  they  had  hoped  to  earn.  They  were  very  glad  to  havet 
Americans  come  to  purchase  squid,  and  were  willing  that  the  Americans  I 
should  jig  for  squid,  but  the  large  seines  would  soon  take  all  the  i 
in  the  bay. 

There  is  no  law  in  the  Dominion  of  Canada  against  seining  squid,  and  I 
the  Americans  were  acting  clearly  within  their  rights  under  the  trealj 
in  attempting  to  seine. 

The  native  fishermen,  in  opposing  the  use  of  seines,  were  only  eudeav  I 
oring  to  prevent  the  loss  of  a  very  lucrative  trade  by  the  Americans  I 
taking  the  squid  with  seines. 

It  is  the  same  opposition  that  always  appears  when  improved  ni 
chinery  and  advanced  methods  of  production  come  into  competition  witbl 
unskilled  labor. 

The  great  dependence  of  the  Canadian  fishing  indiistry  upon  tliel 
markets  of  the  TJnited  States  for  the  sale  of  their  fish,  and  the  great 
benefit  which  they  receive  from  the  remission  of  duties,  clearly  appears 
from  the  returns.  Nearly  one-half  of  all  the  fish  exported  from  Canada  I 
goes  to  the  United  States,  while  of  mackerel  alone  nearly  four-fllths  oil 
the  entire  exportation  is  to  the  United  States.  In  1877, 102,(508  harrelsl 
of  mackerel  were  exported  to  the  United  States,  and  only  28,G2;{  barrels  I 
to  all  other  countries.  Practically  the  United  States  is  the  only  market  I 
for  the  best  qualities  of  mackerel,  and  if  a  prohibitory  duty  siioiild  bel 
imposed,  that  fishery  would  be  almost  abandoned  by  the  Canadians,  I[| 
an  average  duty  of  20  per  cent,  had  been  imposed  on  Canadian  lisli|| 
more  than  two  millions  of  dollars  would  have  been  received  by 
United  States  since  the  Treaty  of  Washington  came  into  force. 

The  amount  of  fish  exported  from  Canada  to  the  United  States,  from  I 
1873  to  1878,  is  as  follows,  viz : 

1873 ^l,39;i,39| 

1874 l,()lli,'»| 

1875 1,637, 

1876 l,4:.r),Ml 

1877 , '2.WM 

1878 l,9i'm\ 

Total  export W,M&\ 

Mackerel  exported  1873-1878 : 

Bbls.  Vii]»| 

1873 - 90, 889  WW| 

IH74 89,603  Wi!,W| 

1875 77,538  'MM 

1876 76,538  mm 

1877 102,698  S4»,oia 

1878 , 85,195  r.8«,9Il| 

522,551        4,119.211 


ALLEGED    OUTRAGE    UPON   AMERICAN    FISHERMEN. 


243 


1, 102,098  barrels 


VfterleaviugCape  Breton  wo  proceeded  to  St.  John's,  Newfoundland, 
Llliiiir  on  our  way  at  tbo  French  islands,  St.  Pierre  and  Miquelon. 
Ilii'se  isliviitls,  from  their  situation  immediately  opposite  Fortune  Uay, 
llie  lieadqnartera  of  the  herring  fishery,  would  be  very  av^aihible  as  a 
baitiii"  1111(1  supply  station  for  our  fiietof  cod-flshermen  if,  after  the  ex- 
bimtion  of  tlie  Treaty  of  Washington,  they  should  be  prohibited  from 
Lii,f  to  the  coast  of  Newfoundland.  There  is  already  a  large  trade  in 
Lit  betwecH  St.  Pierre  and  Newfoundland,  which  would  increase  if  the 

Liiicricau  vessels  also  came  in  there  for  bait.  At  times  so  much  bait 
fconies  from  St.  Pierre  to  Newfoundland  at  once  that  it  cannot  be  sold 
[t  any  price,  and  has  to  be  thrown  awaj\  At  present  the  American 
Lbiu"  vessels  are  subject  to  excessive  port  charges  at  St.  Pierre,  and 

bis  has  prevented  many  of  them  from  coming  therefor  bait. 

Wearrived  at  St.  John's  on  the  2lst  of  August,  and  spentseveral  days 
visitiug  the  various  places  in  Trinity  and  Conception  Bays,  frequented 
pv  American  flshermeii  for  procuring  bait  and  ice,  and  in  making  inquir- 
es into  the  general  condition  of  the  inshore  fisheries  of  Newfoundland, 

nd bow  much  they  are  prosecuted  by  tie  Americans. 

The  case  presented  on  behalf  of  the  colony  of  Newfoundland  to  the 
tax  couimission,  after  stating  the  great  value  of  the  inshore  fish- 

nes  of  that  island,  says : 

II  limy  be  contended,  on  the  part  of  the  United  Statea,  that  their  tiahermen  have 
Uiii  the  past  availed  themselves  of  the  Nowfouudland  iushoio  lisheries,  with  but 
fcffcxceptious,  and  that  they  would  and  do  resort  to  the  coasts  of  that  island  only 
fcttlie  purpose  of  procuring  bait  for  the  Bank  lisliory,  »  »  »  It  ia  not  at  all 
jrobablo  that,  possessing  as  they  do  the  right  to  take  herring  and  caplin  for  thom- 
llvps  on  all  parts  ot  the  Newfoundland  coasts,  tbey  will  continue  to  purchase  as 
bretofore,  and  they  will  thus  prevent  the  local  liahermen,  especially  those  of  Fortune 
W,  from  engaging  in  a  very  lucrative  employment,  which  formerly  occupied  them 
Biin,' a  portion  of  the  wiuter  season  for  the  supidy  of  the  United  States  market. 
British  case,  p.  40. ) 

I  For  many  years  American  vessels  have  been  accustomed  to  resort  to 
lortuue  Bay  in  the  winter  for  herring,  which  are  shipped  in  a  frozen 
pte  and  sold  in  the  cities  of  the  United  States.  These  herring  were, 
Dtii  the  wiuter  of  1878,  always  purchased  of  the  native  fishermen,  and 
|iis  trade  is  admitted  to  have  been  a  great  benefit  to  them,  by  giving 
nplojmeut  during  a  season  when  they  'lave  no  other  occupation.  The 
umber  of  vessels  engaged  in  this  trade  was  about  50,  and  as  each  ves- 

I  purchased  from  GOO  to  800  barrels  of  herring,  paying  about  one  dol- 

11  barrel,  a  large  amount  of  money  was  received  by  tbe  inhabitants. 
ilii  the  winter  of  18<8,  for  the  first  time,  the  American  fishermen,  tak- 
|g advantage  of  their  rights  under  the  Treaty  of  Washington,  <  i-ied 
lith  tbem  to  Fortune  Bay  seines,  and  themselves  attempted  to  catch 
le  herring,  thus  saving  the  money  formerly  expended  in  purchasing. 
JTbe  Newfoundland  fishermen  being  naturally  desirous  of  retaining 
pt'ir  foniior  "luci'ative  trade,"  forcibly  prevented  the  Americans  from 
tiie  seines,  and  during  the  disturbance  one  of  the  seines  belonging 

ail  Ainorican  vessel  was  destroyed,  and  they  were  all  compelled  to 
[turn  to  the  United  States  empty  and  with  a  total  loss  of  the  voyage, 
'  in<>  in  great  damages  to  the  crews  and  owners  of  th';  vessels.  In 
knseqiu'iice  of  this  trouble  some  correspondence  ensued  between  the 
logovoniments,  in  which  it  was  assumed  by  the  British  Government 
lat  United  States  tishennen  fishing  within  three  miles  of  the  coast  of 
]i! British  North  American  Dominions,  under  the  Treaty  of  Washing- 

.iniist  conform  to  all  the  local  laws  rnd  regulations  governing  British 
klierineu,  and  it  was  claitried  by  the  British  Government  that  the 


244 


ALLEGED    OUTRAGE    UPON    AMERICAN   FISHERMEN. 


i 


!  !  ! 


American  fislicrmeu    'ere  eugaged  in  throe  distinct  violations  of  the  I 
local  laws. 

If  this  is  the  true  construction  to  be  placed  on  the  treaty,  it  is  dillicnltl 
to  see  what  advantages  the  United  States  have  received,  and  tor  wliiiii 
more  than  one  nullion  dollars  has  been  paid  to  Newfoundland  as iJ 
share  of  the  fishery  awanl. 

Since  the  Washington  Treaty  a  series  of  laws  have  been  enacted  hyl 
the  Newfoundland  legislature,  the  tendency  of  whi(;h  has  been  to  limitj 
and  restrict  the  rights  of  the  American  fishermen,  until  at  the  presentl 
time  fishing  in  the  territorial  waters  of  Newfoundland  has  been  aban 
doned,  so  that  absolutely  no  benefit  is  received  under  the  treaty  bytliel 
United  States  in  Newfoundland  waters. 

The  law  against  seining  herring  ni  the  winter,  which  it  was  clainiedtlif  j 
Americans  had  infringed  (Consolidated  Stat.,  cap.  102,  §  1),  with  tbeexf 
ception  of  the  change  of  date  from  April  25  to  April  18,  is  exactly  tliel 
same  in  form  with  the  act  in  present  force,  42  Vic,  Cap.  II,  §  1 : 

No  person  shall  lianl,  catch,  or  take  herrings  by  or  in  a  seino  or  other  «iich  contrij- 
aneo,  on  or  near  any  part  of  the  coast  of  this  coh>ny  or  its  dependencies,  or  in  anv(i/| 
t'.io  hays,  harbors,  or  other  phicos  therein,  at  any  time  betw<!en  the  twenticlli  <l;i\o(| 
October  in  any  year  and  the  eighteentli  day  of  Ai)ril  in  Hie  foUowinj^  year,  uriitiiBil 
1  iino  use  a  seine  or  oth«!r  contrivance  for  the  catching  or  takingof  herrings,  oxwiiHijI 
way  of  shooting  and  forthwith  haul  ing  the  same  :  I'rovided,  That  not  It 'ug  hcrciii  cunl 
tained  shall  prevent  the  taking  of  herrings  by  acts  set  in  the  usual  ad  ciistoujiinl 
manner,  and  not  used  for  iubarriug  herring  in  a  cove,  inlet,  or  other  place. 

By  this  statute  the  American  fisherman  is  prevented  from  seining  liet I 
ring  during  six  months  of  the  year,  and  during  the  only  six  moiitlii| 
when  there  is  any  demand  for  herring  in  the  United  States,  and  wbl 
large  catches  and  quick  dispaich  are  of  most  vital  Importance  to  tliesncl 
cess  of  a  voyage. 

The  only  way  by  which  Americans  can  take  herring  during  the  ™l 
tor  months  is  by  the  slow  process  of  sotting  gill-nets,  and  even  astoj 
these,  by  Consolidated  Stat.,  cap.  102,  §  2,  they  are  limited  to  nets  of  i| 
certain  size  and  shape. 

Herring  taken  in  gill-nets  sell  for  less  in  the  market  than  seinedlierl 
ring,  and  the  time  necessary  to  take  them  in  gill-nets  is  so  long,  and  tl)«| 
expense  that  would  be  incurred  by  the  vessels  so  great,  that  liie  oiilj] 
course  that  remains  possible  is  to  purchase  of  the  native  flshcrmeii. 

From  the  evidence  taken  by  the  British  Government  in  refereiitel 
the  trouble  at  Fortune  Bay  it  appeared  that  the  law  against  selniiiglierj 
ring  had  never  been  enforced  and  was  not  known  to  the  NewfouiidlaiH 
fishermen  at  Fortune  Bay.    As  soon  as  the  attention  of  the  home  govJ 
ernment  was  called  to  this,  the  secretary  of  state  for  the  colonies wrota 
to  Sir  John  Glover,  the  governor  of  Newfoundland,  suggestinj,',  uiidel 
dat«u)f  July  SO,  1878, that  it  might  "be  desirable  that  some  steps shoull 
be  taken  for  making  the  fishermen  of  Long  Harbor  (Fortune  Bay)  l)«tj 
tor  acquainted  witli  tho  law  which  prohibits  the  using  of  seines  foj 
taking  herring  on  or  near  the  coasts  of  the  colony  at  any  time  betwffl 
the  20th  day  of  October  and  the  2iJth  day  of  April  in  each  year." 
disi)atc]i  was  communicated  by  Sir  riolin  Glover  to  his  govoiiiiin'nlj 
(Journal  of  the  Ilonao  of  Assembly,  Newtbundhind,  1879,  appendix, 
521.) 

After  this,  and  probably  in  consequence  of  the  communication  fraj 
the  home  government,  the  legislature  of  Newfoundland  passed,  Murt 
19,  1879,  an  act  entitled  "An  act  to  amend  tho  law  relating  to  tbecoi 
lislieries."  ^ 

Tho  first  section  of  this  law  is  the  one  <iuoted  above  and  im'Wl 
changes  the  date  in  the  former  law  from  April  25  to  April  IS.  Til 


ALLEGED   OUTRAGE   UPON   AMERICAN   FISHERMEN. 


245 


violations  of  the 


Ihird  section  increases  the  penalty  for  the  violation  of  the  law  from  fifty 
[to  two  bundrcd  dollars. 
The  fourth  and  fifth  sections  are  as  follows : 

IV.  Tlie  owners,  masters,  and  other  persons  mauaginjj  or  controlling  vessels  con- 
iKviii"  herrings  in  bulk  between  the  twentieth  day  of  October  in  any  year  and  the 

fiirlitwiith  day  of  April  in  the  following  year,  shall  be  deemed  to  have  hauled,  caught, 
01  takeu  Hiicli  herrings  contrary  to  the  provision!*  of  chipter  one  hundred  and  two  of 
tbo  Consolidated  Statutes,  as  amended  by  the  said  above  recited  act,  thirty-nine  Vic- 
toria cliapter  six,  and  by  this  act,  unless  such  owner,  master,  or  other  person  afore- 
taid  shall  make  proof  to  the  contrary  before  a  justice  of  the  peace. 

V.  Any  justice  of  the  peace,  subcoUector  of  the  customs,  preventive  officer,  fishery 
nardcu,  or  constaldo  may  board  any  vessel  suspected  of  carrying  herrings  in  bulk 
Wtwieu  the  twentieth  day  of  October  in  any  year  and  the  eighteenth  day  of  April 
ill  the  following  year ;  and  iu  case  any  such  justice,  subcollector,  preventive  officer, 
tishiry  warden,  or  constablo  shall  make  signal  to  any  vessel  suspected  as  aforesaid, 
from  iiuy  vfusel  employed  by  the  government,  by  dipping  the  ensign  at  the  main  peak 
three  times,  and  tiriug  a  gun,  it  shall  be  the  duty  of  tuo  owner,  master,  or  person  man- 

i»iiii'  or  controlling  such  vessel  so  signalled  to  heave-to  sucli  vessel  until  such  justice, 
ubcdlU'ctor,  preventive  officer,  fishery  warden,  or  constablo  shall  have  boarded  and 
fxaniiiK'd  such  last-named  vessel;  and  in  ca.se  of  such  master,  or  owner,  or  person 
niaiiai'iii}?  or  controlling  as  aforesaid  such  last-named  vessel  omitting  so  to  heave  her 
to,  111'' to  afford  -facilities  for  such  justice,  subcollector,  preventive  officer,  fishery 
warden,  or  constable  boarding  such  vessel  or  obstructing  such  justice,  subcollector, 
iireveiitiVe  ollicor,  fishery  officer,  or  constable  boarding  or  examining  any  such  ^  assel, 
10  shall  l)e  subject  to  a  penalty  of  five  hundred  dollars,  to  be  recovered  with  costs  iu 
sMiiiiiiary  manner  before  a  justice  of  the  peace,  and  in  case  default  shall  be  made  in 
tbeiiayiiient  of  such  penalty,  such  justice  shall  issue  his  warrant  aud  cause  such 
Idti'i'ndi'r  to  1)(^  imiu'isoned  for  a  period  not  exceeding  thirty  days.  (Fishery  laws  of 
^Kewfoumllaud,  inclosure  No.  12.) 

The  great  injustice  of  this  law  and  the  effect  that  it  will  have  of  driv- 

liiigaway  all  American  vessels  engaged  in  the  winter  herring  fishery  is 

ivtiy  obvious.    Instead  of  taking  measures  to  have  the  laws  of  the  col- 

[ony  obeyed  by  its  own  citizens,  the  government  makes  every  Atnerican 

[tospI  carrying  herring  during  the  winter,  whether  the  herring  were 

^iiightby  the  Americans  or  purchased  of  the  inhabitants,  liable  to  a  line 

Duless  it  can  be  shown  to  the  satisfaction  of  a  justice  of  the  peace,  and 

be  biinleu  of  proof  is  upon  the  captain  of  the  American  vessel,  that  tlie 

Wrius  were  not  taken  in  violation  of  law.    Aud  by  section  VI  the  only 

lappciil  from  the  decision  is  by  a  long  aud  expensive  litigation  in  the 

supieme  court  of  Newfoundland,  after  giving  security  for  the  perform- 

JB11C3  of  the  order  appealed  from  and  i)ay  ment  of  costs. 

Tliis  law  was  not  parsed  until  after  the  close  of  the  last  winter's  ftsh- 
pnf(  season,  and  has  not  yet  been  enforced.    The  practical  enforcement 

it  next  winter  will  result  in  a  complete  destruction  of  this  industry, 
las  carried  on  by  the  American  fishermen ;  they  cannot  catch  herring  iu 
plieirown  manner  and  with  their  own  nets;  tiieyare  forced  to  inirchase 
pf  the  inhabitants,  and  finally  they  are  liable  to  have  their  voyage 
|)fokeu  up  and  their  chance  of  carrying  +heir  herring  to  market  in  ti 
proper  condition  destroyed  unless  they  can  show  to  the  satisfaction  of 
pery  petty  local  official  that  the  Newfoundland  fishermen  from  whom 
jthe  herring  were  purchased  have  obeyed  the  laws  of  their  own  country. 

In  the  winter  of  1877, 40  vessels  sailed  from  Gloucester  alone  to  For- 
fniie  Bay  for  herring ;  in  1878, 26  vessels ;  and  in  1879,  only  8. 

It  may  safely  be  asserted  that  if  the  law  passed  this  year  is  strictly 
htaed,  not  one  American  vessel  will  in  the  future  engage  in  this 

slicry. 

The  eodlishery  as  pursued  by  the  natives  of  Newfoundland  is  entirely 

11  inshore  fishery,  csirried  on  in  small,  open  boats,  or  punts,  containing 

ifceoi'  I'osir  men,  and  nt'ver  going  beyon»l  three  ii'ih's  from  the  shorn. 
polish  taken  tire  small  and  nnsuitod  to  the  American  markets  ;  they 


t<l 


246 


ALLEGED   OUTRAGE   UPON   AMERICAN   FISHERMEN. 


are  usually  hard  cured  and  exported  to  the  West  ludiea,  Portugal,  and  I 
Brazil. 

The  American  vessels  tish  for  cod  upon  the  Grand  Banks,  from  thirttl 
to  one  hundred  miles  from  the  shore,  and  never  come  within  the  iiishorel 
waters  of  Newfoundland,  except  to  procure  bait.  The  cod  taken  on  M 
banks  are  a  ditterent  species  from  the  shore  flsh  and  much  larger;  igl 
deed,  the  fish  caught  upon  the  various  banks  ditfer  so  much  in  appear  I 
ance  that  after  they  have  been  landed  an  experienced  fisherman  can  t 
from  what  bank  they  were  taken. 

The  vessels  used  in  the  bank  fishery  are  large  vessels  of  about  onel 
hundred  tons.  The  Americans  flsh  usually  with  trawls,  but  in  i 
places  where  the  tide  is  very  strong  hand-lines  are  used.  The  bait  for  I 
merly  used  was  salted  clams  and  menhaden,  which  were  carried  froinl 
the  United  States,  together  with  the  ott'al  of  the  flsh  and  whatever  I 
bait  could  be  procured  on  the  banks;  but  within  the  last  few  yearsl 
American  vessels  have  been  accustomed  to  go  to  the  harbors  and  1 
of  Canada  and  Newfoundland  for  fresh  bait,  which  was  preserved  in  icel 
and  used  on  the  banks.  This  bait  at  ditterent  parts  of  the  season  conj 
sists  of  herrings,  caplin,  and  squid,  in  the  order  named.' 

The  bait  is.  always  purchased  of  the  Newfoundland  flshernien,au(ltlif| 
jTrice  paid  is  so  high  that  they  find  it  much  more  remunerative  to  catcl| 
bait  and  sell  it  to  the  Americans  than  to  follow  their  usual  businesso 
cod  fishing,  especially  during  the  squid  season.  In  nearly  every  covel 
.along  the  coast  ice-houses  have  been  erected  during  the  last  few  yeani 
for  selling  ice  to  the  Americans  to  use  in  preserving  this  bait  fresh. 

There  are  about  300  American  vessels  on  the  banks  that  come  in 
Newfoundland  for  fresh  bait,  and  as  these  vessels  will  average  alwoJ 
$400  expended  for  bait  and  ice  during  the  season,  at  least  $100,(IO()i!J 
rvunually  paid  by  the  Americans  to  the  Newfoundlanders  for  this  luirposf.! 

Mr,  Molloy,  the  consul  at  St.  John's,  informed  us  that  he  iiad  in  ontl 
summer  cashed  drafts  drawn  by  the  American  vessels  for  bait  an(lic«| 
to  the  amount  of  over  $25,000. 

Much  complaint  is  made  by  the  American  fishermen  that  the  lawpro-l 
hibiting  seining  squid  (39  Vic,  cap.  VI.,  §  3),  passed  April  20, 187C,i)r( 
vents  their  taking  any  squid  themselves,  and  compels  them  to  i)urcliai 
entirely  of  the  natives.    This  law  is  as  follows : 

No  people  Hliall,  at  any  time,  haul,  catch,  or  take  btjuids,  within  or  by  means  of  aiij| 
seine,  bunt,  or  other  Huch  contrivance. 

They  say  that  at  present  they  lose  nearly  a  third  of  their  time  waitJ 
ing  for  the  lo;ial  fishermen  to  catch  the  squid  one  by  one  on  jigs,  wiiil«| 
if  a  seine  could  be  used  they  would  be  able  to  take  the  squid  themselva 
in  a  short  time  and  leave  for  *^he  banks  without  auy  delay. 

Often  squid  will  not  take  the  jig,  especially  when  schooling,  an(l,alj 
though  the  water  may  be  alive  with  them,  the  American  vessels  are  oblig 
to  leave  for  some  other  place  where  the  squid  will  bite,  and  thus  ty 
often  go  from  bay  to  bay  before  they  can  procure  any  bait,  when,  if  scina 
could  be  used,  they  could  easily  have  hauled  all  they  needed.  AstM 
expenses  of  a  codflshing  vessel  are  about  twenty  dollars  a  day,  tbisdej 
lay  causes  a  great  loss  to  the  owners  of  the  vessel.  While  at  Trinity 
Conception  Bays,  we  saw  several  vessels  that  had  waited  more  than  te^ 
days  before  they  had  been  able  to  procure  bait. 

Each  codfishing  vess<jl  requires  about  thirty  thousand  squid  forabaitj 
ing,  and  the  price  usually  paid  is  twenty  cents  per  hundred,  butinsom 
places  this  summer  competition  has  raised  the  price  to  fifty  cents  per  banj 
<lred.    Kveu  when  squid  are  very  numerous  no  one  man  can  take  imii 
than  four  or  five  hundred  squid  in  a  day  with  a  jig,  and  it  is  impossibly 


ALLEdfeD   OtJTItAG^   UPON   AMKRICAN    I'ISHERMEN. 


24t 


in  or  by  moans  of  am 


foi  tliecrew  of  the  Americau  vessel  ulone  to  take  sutticient  squid  for 
a  baiting  in  this  manner,  but  if  allowed  to  seine  they  could  save  not  only 
1  tilt' time  now  lost  but  the  money  paid  to  the  native  fishermen. 
Tiiis  law  is  very  strietly  enforced,  and  any  attempt  to  seine  would  not 
Illy  Ite  i)nniwlied  by  the  authorities,  but  would  probably  be  met  with 
[vioieuco  l)y  the  Newfoundland  fishermen,  who  state  very  openly  that 
tlicv  ^vill  not  allow  any  seining  of  squid,  and  in  this  they  arc  abetted 
[liv  tbi!  lo(!al  newspapers,  which  are  very  hostile  to  the  American  tisher- 
iiieii,  mid  advise  the  local  lishermen  that  if  the  government  will  not 
jirotcct  them  they  must  protect  thetnselves  against  any  seining  squid  by 
[tlie  Americans. 

]}y  cliiipter  102,  consolidated  statutes,  section  IV,  as  amended  April 
J2(i,  is'ti  (^9  V'ictoria,  cap.  0,  §  2) : 

Noiicrsdii  shall,  between  the  lOtb  day  of  May  and  the  20th  day  of  October,  in  any 
Ivi'iir,  liinil,  catcl),  or  take  berrinj;s  or  otber  bait  for  exportation  witbin  one  mile, 
liiiMsiiii'd  l)y  tilt)  Hbore  or  across  tlio  water,  of  any  settlement  situate  between  Cape 
|Cliii|"'ii"  HoiiS*'  "'"*!  Pointo  I'^uraK'^o,  near  Cape  Kay. 

This  law  does  not  seem  to  have  ever  been  enforced,  but  by  ifs  terms 
[it  would  prevent  the  i)rocuring  of  bait  by  Americans  on  a  largo  portion 
jof  the  southern  coast  of  Newfoundland,  including  Fortune  Bay,  and 
[that  part  of  the  coast  between  Cape  Ray  and  the  Kameau  Islands,  where 
Itlielibertv  of  taking  flsh  of  all  kinds  was  granted  by  the  convention  of 

11818. 

The  question  whether  the  American  fishermen  fishing  in  the  waters 
Jof  Newfoundland  under  treaties  with  the  British  Govern nient  are  bound 
(to  obey  all  the  local  laws  and  regulations  was  the  subject  of  some  cor- 
Ircspoiidence  between  the  colony  and  the  home  government  during  the 
jtiracwhen  the  reciprocity  treaty  of  1854  was  in  force.  And  March  15, 
[lS04,  a  message  from  the  governor  to  the  house  of  assembly  of  New- 
jfouiKlland  inclosed  a  dispatch  from  the  Dukeof  Newcastleaud  an  opinion 
jof  the  law  officers  of  the  Crown  upon  this  question.  (Journal  of  the 
|Hoiise  of  Assembly,  1864,  p.  75 ;  Appendix,  GG1-G09.) 

Tlie  Government  of  Newfoundland  claim  that  the  right  of  colonial 
Jegislatures  to  pass  laws  and  regulations  regarding  the  fisheries,  and  to 
leiiforce  their  obedience  by  American  fishermen,  was  admitted  by  the 
Coveniinent  of  the  United  States,  in  a  circular  addressed  to  the  col- 
lector of  customs  at  Boston  by  lion.  W.  L.  Marcy,  Secretary  of  State, 
larch  28,  1856,  enjoining  upon  American  fishermen  the  observance  of 
ttlicse  laws.    We  inclose  copies  of  the  message  of  the  governor  and 
iaccoiiipauyiug  papers  and  of  the  circular  of  the  State  Department. 
|liiclosures  numbered  2,  3,  4,  and  5.) 
The  only  use  which  the  Americans  make  of  the  inshore  waters  of 
S'ewfouiidlaud  and  the  right  to  enter  the  harbors  of  that  island  is  pur- 
icliasing  bait  and  ice  of  the  colonial  fishermen.     This  is  entirely  a  com- 
nercial  privilege,  and,  under  the  ruling  of  the  Ilalifiix  Commissioners, 
h  ueither  granted  or  guaranteed  by  the  Tieaty  of  Washington,  and 
already  several  attempts  have  been  made  to  prohibit  the  sale  of  bait 
pd  ice  to  the  Americans  under  heavy  penalties. 

It  may  seem  strange  that  the  colonial  government  should  desire  to  put 
k  eud  to  this  trade  in  bait  and  ice,  which  we  have  shown  to  be  of  so 
Jniicli  value  to  the  native  fishermen ;  but  the  reason  appears  very  evi- 
|ileiit  wiien  the  state  of  affairs  in  the  colony  is  considered. 

Tlie  persons  engaged  in  the  fishing  business  in  Newfoundland  are  of 
|wo  distinct  classes,  the  merchants  or  planters  an«l  the  actual  fishermen. 
T'lie  plant(^rs,  who  purchase  the  fish  of  the  fishermen,  are  wealthy  and 
piilliieiitiiil,  and  have  the  largest  share  in  the  <lirection  of  the  government. 


248 


ALLEGED  OUTRAGE   UPON  AMERICAN   FISHERMEN. 


In  the  Ashing  business  the  money  is  made  not  by  the  actual  workers,  bnt 
by  the  capitalist.     Those  ])hinter8  i)rovi(lo  the  tishermen  with  tluij 
boats  and  gear  and  jjrovisions  for  tlieir  iauiilies  during  the  winter,  tak  ' 
ing  pay  in  fish  at  a  price  settled  previously  by  the  planters,  araonj;  ibim.  i 
selves,  to  prevent  competition.     Tlie  tishermen  are  very  iirii)r()vi(lp||| 
and  at  the  end  of  each  year  are  usually  in  debt  to  the  planter,  wbosel 
only  chance  of  being  repaid  is  to  keep  the  fishermen  at  work  ciitcbiuj 
cod,  which  are  credited  against  this  debt.     Thus  the  fisherman  is  kept 
in  a  situation  almost  of  bondage,  forced  to  sell  his  fish  at  a  low  price  to  | 
the  planter,  and  receiving  his  pay  in  supplies  at  a  high  price. 

The  testimony  of  the  Newfoundland  witnesses  shows  that  the  usaal  I 
profit  made  by  the  planters  on  the  fish  purchased  of  the  fisbernieii  wnsl 
more  than  30  per  cent.,  and  that  a  further  profit  of  from  25  to  30  percmt. 
was  charged  upon  the  supplies  in  which  payment  was  made.    Under  I 
this  credit  system,  whenever  the  fishing  is  bad,  the  fishermen  innstb« 
supported  either  l)y  the  planters  or  by  the  government.     In  1878  more 
than  one-tenth  of  the  entire  revenue  of  tlie  island  was  expended  in  | 
])auper  relief,  while  in  1803  nearly  one-third  was  so  used. 

The  money  which  is  uaid  by  the  Americans  for  bait  to  the  native  I 
fishermen  never  gets  into  the  hands  of  the  planters,  but  is  spent  by  tlie 
fishermen  in  some  other  way  than  in  paying  their  debts  to  the  phuitm 
The  planters  consider  this  money  is  wasted,  and  say  that  if  this  trnde 
in  bait  and  ice  was  prohibited  the  fishermen  would  not  be  drawn  awaj 
from  their  usual  codtishiug  and  would  be  gradually  reducing  their  debts, 
The  fisherman,  however,  is  very  willing  to  earn  ready  money  by  sellian 
bait.    Mr.  Fraiser,  now  a  member  of  the  Newfoundland  ministry,  in  Iiis 
evidence  before  the  Halifax  Commission  said,  with  reference  to  thij] 
trade- 
Yon  860  that  all  tbo  fwhthat  aro  caught  aro  in  the  liands  of  tho  planters.  TLefi8li.| 
ernieu  cannot  fi;eit  half  a  (|nintal  or  n  quarter  of  thitt  fiNh  until   it  is  weighed  oiitlol 
him  or  he  iH  settled  with.   So  he  has  not  a  copper  hetween  the  time  he  goes  out  itithe  I 
spring  and  the  settlement  in  Octobta-,  except  in  case  of  an  independent  iiHiicrraaii.  I 
Therefore  the  inducement  of  a  little  ready  money  from  the  Americans  is  very  alliiriug  I 
to  him. 

These  attempts  to  prohibit  the  sale  of  bait  ana  iv^e  to  the  Aniericaiii! 
have  been,  to  a  certain  extent,  party  questions  in  the  local  polities  of  tlie  | 
colony. 

In  1877  the  governor  called  the  attention  of  the  Home  Goveriiincnttoj 
this  traffic,  saying  that  it  had  injured  the  fisheries  by  making  ithaiderj 
for  the  local  fishermen  to  procure  bait,  and  that  it  called  "tlic  coioiiialj 
fishermen  away  from  their  own  fishing  to  procure  a  supply  of  baitai 
ice  for  the  Americans."  (Sir  John  Glover  to  Earl  Carnarvon,  December  j 
31,  1877;  Journal  of  the  House  of  Assembly,  1878;  Appendix,  pagesl 
294,  295,  and  296.) 

No  action  was  taken  by  the  Home  Government  upon  this  conimuni  I 
cation,  and  on  June  25,  1878,  the  governor  wrote  to  the  colonial  oflite,j 
inclosing  an  address  of  the  house  on  this  subject,  and  requesting  tliatl 
the  Home  Government  might  comply  with  the  wishes  of  the  colonistSij 
as  expressed  in  the  address. 

This  letter  was  replied  to  by  the  colonial  secretary,  Sir  M.  Hicksl 
Beach,  December  25,  1878,  inclosing  a  report  by  the  inspectors  of  sal] 
mon  fisheries  on  this  subject,  saying: 

It  will  bo  perceived  that  the  general  conclusion  of  the  inspectors,  who  arc  gentlf-I 
men  of  large  experience  in  such  matters,  is  to  the  eFict  that  the  operations  of  niatj 
have  but  u  very  slight  effect  on  the  supply  of  herring,  and  that,  with  the  oxperiMWJ 
of  this  country  before  them,  they  doubt  the  necessity  of  any  legislation  for  tlioiiroteej 


ALLKGED    CJTRAGE   UPON   AMERICAN   tTSHWRMEN.  249 


...  ofiierriiifj,  anil  thoy  «loiiljt  tho  proprifjty  of  ii»l«uferin)^,  midor  any  ciroumstanceR, 
l«'itlitlii'ia|iliin»of  hivil,  as  wi-ll  as  tho  nossibility  of  iiiakiiif;  any  rrKiiliitioi;  wliich 
Iwoiilii  1»!  t'tri'Citiial,  applicablo  to  the  territorial  waters  of  a  Hiiigle  comitrv,  and  that, 
Itrisoiiin"  t'lo'ii  analogy,  thoy  would  hesitato  to  ndvJHO  tho  adoption  of  any  rof^nlations 
1,^  (ln,,,"(,serviition  of  caplin  or  8(inid.  •  »  •  With  this  report  before  them,  llor 
iMiiestv'.'t  (Jovernnient  cannot  but  tool  nneertain  whether  any  failure  in  the  bait  lish- 
I  '.'^f  j,',,«foiiii(lland  would  bo  remedied  by  iho  adoiition  of  the  nieasuroH  proposed  by 
Itlic  liiii"^''  "*  assembly,  and  whether  the  practice  complained  of  and  which  it  is  H(>uj;Iit 
til  |iroliil)it  liai  been  sufflcioiitly  proved  to  have  diminished  the;  actual  iiuantily  of 
lliaitvisifiiif?  t'l"  coast,  althonfjh  the  increased  competition  of  the  Americans  nmy  have 
Iniiiilcitli'SH  easy  for  the  loiial  iisherinon  to  Hocnro  the  bait  they  re(iaire  for  tluMr  own 

Itisliiii''' 

Itiit" apart  from  this  view  of  the  question,  Her  Majesty's  Govoruuient  deem  tho  pros- 
lent  moiiii'iit  inopportune  to  effect  any  such  change  in  practice  as  that  which  it  is  <le- 
luireil  hIhiiiI'1  1'"  established.  They  are  giving  their  most  careful  consideration  to  tho 
iTtbdle  i|ia'Htion  of  the  fisheries,  both  as  roganlH  the  United  States  subjects  and  the  siib- 
llfots of  France,  and  tl"\v  feel  that  a  satisfactory  Bolntion  of  tho  several  important 
liiolntH  at  iHsn(!  might  bo  considerably  hinden^d  by  action  in  the  direction  suggi'sted 
lliv  thi!  assembly.     (Journal  ofIIon.se,  1879,  Appendix,  p.iges  404-4r.{.) 

Copies  of  this  correspondeuce  are  horowitli  inclosed.  (Indosunjs  Nos. 
6, 7,  S,  ami  9.) 

Tills  (li.spiitcli  of  Sir  M.  Flicks  Beach  foHows  the  com\se  pursui'd  by 
loneof  lii.s  i)n'decessor8,  the  Duke  of  Newcastle,  who,  duriiiff  the  time,  the 
lipciliroc-ity  Treaty  was  in  force,  wrote  to  the  governor  of  Newfoundland 
B'tliiitn()a(!t  can  lie  allowed  which  prohibits  expressly,  or  is  calculated 
by  a  circuitous  method  to  prevent,  the  sale  of  bait."  (J)uke  of  Newcastle 
|oSir  A.  Bannennan,  August  3,  18()3.) 

it  such  laws  as  were  proposed  by  the  Newfoundland  assembly  should 
Bvor  be  enacted,  it  is  diflicult  to  see  how  they  could  be  practically  en- 
lowed. 

.\inericaii  iisheriueu  having  the  right  under  the  treaty  to  take  fish  of 
11  kinds  themselves,  they^  must  also  have  tho  right  to  hire  others  to 
iiko  lisli  for  them.  And  the  British  couibsel  before  the  Halifax  Oom- 
juksioii  argued  that  the  Americau  fishermen,  under  the  old  n)axim  que 
mit  per  facit  per  se,  must  be  considered  to  have  taken  the  bait  them- 
ifivcs  when  they  purchased  it  of  the  Newfoundland ors.  Under  this 
fconstruction  any  law  prohibi  .ing  the  sale  of  bait  would  be .!  violation  of 
flic  treaty  rights. 

Welicard  in  Newfoundlaiul  of  no  comjdaints  of  any  trouble  between 
llie  Americans  and  the  native  fishermen  this  year  except  in  one  in- 
llance,  iiiid  that  was  of  no  great  importance.  An  American  desired  to 
leiiie squid,  and  the  natives  told  him  they  would  not  allow  it;  there 
m  no  violence  of  any  kind,  only  soiiie  threatening  language.  We 
aiiscd  statements  to  be  prepared  by  the  captain  find  one  of  his  crew, 
im\  they  were  given  ro  Mr.  Molloy,  the  consul  of  the  United  States,  to 
lave  tbeni  sworn  to.  While  we  were  absent  Mr.  Molloy,  ui)0u  his  own 
sponsiljiiity,  forwarded  copies  of  these  statements  to  the  governor  of 
[twt'uuHdland,  with  a  request  that  an  investigation  should  be  made. 
ve  Lave  not  learned  what  the  result  of  this  investigation  was,  but  Mr. 
Ilolloy  has  probably  already  forwarded  a  report  to  the  Department  of 
itato. 

^  Very  little  of  the  fish  cured  iu  Newfoundland  is  exported  to  the  United 
(tates.  In  1878,  only  $108,814  in  amount  came  to  the  United  States 
pom  Newfoundland,  while  the  total  export  of  fish  to  all  other  countries 
w  85,588,530. 

Leaving  St.  John's,  Newfoundland,  on  August  27,  we  reached  Halifax, 
jova  Scotia,  upon  Septend)er  1,  stopping  one  day  at  Port  Mulgrave,  in 
p (lilt  of  Canso.  During  tho  Iteciprocity  Treaty,  when  many  Ameri- 
jau  vessels  came  to  the  Gulf,  a  large  business  in  refitting  vessels  was 


250  ALLEGEt)   OUTRAGE   UPON  AMKRICAN   f'lSUEftMEN, 

carried  on  at  Port  M  nigra ve,  but  now  the  wharves  arc  deserted  andverrl 
little  seems  to  be  done  there.  I 

At  Halifax  we  left  the  United  States  steamer  Kearsargo,an(l  returnwi 
to  the  United  States  by  laud,  arriving  in  Boston  on  September  7. 

In  conclusion  we  desire  to  express  the  very  great  obligatioiiH  we  awl 
under  to  Commander  Picking  and  the  other  oflicersof  the  United  Sfatfj I 
steamer  Kearsarge  for  their  uniform  courtesy,  and  for  their  kind  en  f 
deavors  to  aid  us  in  every  way  in  our  investigations. 

We  have  the  honor  to  be,  sir,  vour  obedient  servants, 

FITZ  J.  liABSON. 
ALFRED  DWIGUT  POSTER, 


Mi : :   i  !i 


187D. 


[IncloRurea.] 

1.  List  of  Auericau  flsbing  vcRsels  in  tiio  Gulf  of  Ht.  Lnwreiice  during 

2.  Copy  of  inossaKC  of  the  govomor  of  Newfonndland,  March  !.'>,  18(54. 
■J.  Copy  of  opinion  of  tb«i  liiw  odicors  of  the  Crown,  Junnary  0,  18G:<. 
i.  Copy  of  diH]>atch  from  the  Dnke  of  New  Castle  to  the  governor  of  Nowfonull 

land,  August  :<,  IrifiS.  I 

f).  Copy  of  letter  from  Hon.  W.  L.  Marcy,  Secretary  of  State,  to  the  collector  J 

Boston,  March  28, 1850.  I 

<).  Copy  of  letter  from  the  governor  of  Newfonn<ll  tnd  to  Earl  Carnarvon,  DcccmlJ 

;U,  1H77. 

7.  Copy  of  letter  from  the  governor  rt  Newfoundland  to  Sir  M.  Ilicks  licacli,  jiimi 
20,  1678.  '     I 

8.  Copy  of  dispatch  from  the  colonial  officer  to  the  governor  of  NowfotimllanJ 
December  2.'").  1878.  T 

9.  Copy  of  report  of  the  inspectors  o.*"  salmon  fisheries  to  the  colonial  office,  W 
tember  30,  1878. 

10.  Acts  passed  to  c  ry  into  effect  the  Treaty  of  Washington. 

11.  Fishery  acts  of  the  Dominion  of  Canada. 

12.  Fishery  laws  of  Newfoundland. 
i;j.  Depositions  in  regard  to  the  trouble  at  Aspio  Bay,  Capo  lireton. 


No.  1. 


LUt  of  American  mackerel-fishing  vessels  in  the  Gulf  of  St.  Lawrence,  1879. 


Date  of 
arrival. 


1879. 

Juiie     0 

6 

9 

0 

0 

11 

12 

14 

15 

10 

16 

20 

20 

2U 

20 

20 

20 

20 

20 

20 

20 

22 

22 

22 

2;t 

29 
29 
30 


Kanic  and  port. 


Cayinno,  S.ilom 

B.  U.  UaBkiua,  GloucoHter... 

E.  F.  Norwood.  Glouccator  .. 

F.  A.  Smith.  Uloiict'st«r 

K.Everett,  Gloucester 

Marion  GrimoH,  Gloucester.. 

Itattler,  GloiicesttT 

T.  L.  Mayo,  Gloucester 

llusbli^lit,  Gloucn-ster '. . . 

0.  L.  U.viT,  Portland 

K.  J. Evans,  Ilarwichport  ... 
Eloctiio  Flash,  Gloucester  . . 
M.  L.  Wetberell,  Gloucester. 

Vonilia,  lirooklyn,  N.  Y 

Harvest  Uoino,  Gloucester  . . 

G.  W.  Urown,  N(!wburyport . 
M.  E.  Torry,  Sedgwick,  Mo  .. 

Morninj;  Star,  Cohas.set 

11.  M.  Crosby,  tJloucostor 

J.  H.  Perkins,  Gloucester 

Ossipee,  Gloucester 

L.  M .  Warren,  Deer  Isle 

Idella  Small,  Door  Isle    

Nellie  BuvucH,  Portland 

M  Innie  Weston,  Portland 

Mystic,  Essex 

Bnttie  Clarke,  Essex , 

Alice  M.  Gould,  Portland.... 


No.  of 
barrels. 


510 


33U 
120 
285 
2'M 
400 


300 


320 
300 


110 


18'J 
250 
400 
4U0 


320 
300 
225 
300 
220 


2C0 


Sate  of  i 
partunl 


Anguitl. 
July  28, 
AufnutUl 
Auftnillll 
August  Lf 
JnlyR 
Aiifrn^tlll 
Aii^iustlll 
August  J  J 

July  It 

Aupi-stHJ 
August  III 
JulyB. 

AngostllJ 
July  15.  I 
August' I 
Angustll 
AugUHllif 
July  20. 
JulvS. 
July  IS. 
July  28.  _ 
Angnslil 


sertt'daiulverjl 

;e,an(lreturnei| 
[itenibor  7. 
ligations  weanl 
le  Unitod  Stateil 
r  their  kind  enf 

auta, 

UT  FOSTER, 

during  1879. 

,  1804. 

18(5:». 

prnor  of  NowfoDmll 

,  to  tbo  collector  ((I 

larnarvon,  DeceniW| 

.  ilicks  Bencli,  Jill 

ir  of  NewfoiindlanilJ 

colonial  office,  W 


roton. 


Mwrence,  1879. 


No.  of 

Bate  of  d( 

buriols. 

partua 

.110 

Anpist  1. 

,luly2i 

330 

Aiisust'l 

120 

Augmtli 

285 

Aneustl. 

2.'>0 

JiilyH. 

400 

Aupiktll 
Au(!ii«tll 

... 

300 

AugUiU 

'"  320 

JulvlH 

300 

Aujni«i" 
Annmlll 

110 

July  a 

.  ""180 

AiiROsiW 

250 

July  1» 

400 

AuRiis'* 

400 

A.>i:u'i« 

Auputli 

320 

Juiyw. 

800 

July!.). 

225 

JulvW 

300 

July*, 

220 

August* 

ALLKGED   OUT.IAOK    UPON    AMERICAN   FIKHERMEV.  2.01 

No.  i. — A<t*'  of  UMokerel-Jishinij  vtmioU,  ^o. — Cuutitiucd. 


Date  of 

airivul. 


18^. 

i,iiiK    :i 


Name  nud  port. 


j,,r. (;liii'ki>,  filoiif«'»tor    

Maiitaiiiminli,  Ntnvbiirjport 

,\l:i('Iii'Oil.  UoK  (111 

Uinu:  lilrli,  (iJoiiceHtor  .» 

Isalii'lla,  IJloiictmttir  

Mary  l''<'iialil   Kimltptirt 

Klyiii;!  Clouil,  lloHtoii 

(.'I'dwii  I'oliit,  Nnwlinryport 

AU'i'ilf'ii.  GlmicuKtur 

JaiiieHtowii,  (iUiiKMintrr 

Acli'liiv  ilaiiwpll.  (iluuneHter... 

i;.('.  DuvIh,  llontoii 

Urcvliiimid,  NcwIuiTVlioi't 

ediiiiiud  Uiirko.  Ncwlinryport 
Small  ''i.  KabHuii,  Nowbuiyport 
(!.  II.  Maiiiii;,' 


Ko.  of     Dutc  of  do- 
buriolH.       pill  till  I'. 


4:0 
IKO 


260 
870 


I'OBT  MuLonAVK,  Sfptembrr  1,  1879. 


No.  2, 


Memagc  from  hU  excellency  the  govcriior  of  Ntvfoiindland,  March  l.'),  184J4. 
A.  Baitokuman,  Oovkrnor. 

Ill  tlio  livttoi"  i)iirt  of  the  year  18C2  roliablfi  information  reaoliwl  tlio  adniiial,  rom- 
lBiaiiiltr-iii-(^liief  on  tliiH  Ht.it ion,  hh  well  as  tlui  jjov?:::;m- of  tlie  colony,  tliat  jiaitipfl 
Ijwsscssiiij;  liHliinfj  privilogfs  on  llio  coast  of  NowfoundlaJMl  and  Lalirador  contem- 
IjilantcMlto (lisr(^<;ar<l  laws  in  iixistonco,  or  Iier«aft(M- to  ho  paMsed  l»y  tho  coloniiil  l(^;?inla- 
jluic,  for  icynlat  injj;  tlio  mode  of  coinlnctint;  tlui  liMhoritw,  provided  sncli  lawH  intor- 
lerwl  with  the  mode  tmnally  in  practic(\ 

Till' KoviMiior  coHHidored  it  to  he  Ids  <lnty,  thoieforr,  to  apprise  the  (!olonial  n)inis- 
W.  ri'(|ue8tinf5  iimtrnctions  for  his  ^nnlance,  in  order  that  the  same  nii<^ht  bt<  comnni- 
EiralHii  to  the  admiral. 

IIinUra('e,  in  a  dea[)ati!h  dated  yd  F-diriiary,  IHCiS,  forwarded  to  the  {governor  the 
jopinion  of  the  law  otticerH  of  the  crown  in  England  on  the  question  referred  to  them  ; 

111  His  Grace  conclniies  the  despatch  hy  saying  : 

■'I  liavo  only  to  add  iny  desire  that  while  asserting  the  authority  of  colonial  law  in 
fcolonial  waters,  within  tlio  limits  of  existinj^  treaties,  yon  will  take  care  to  do  so  in 
liie  maniiei  which  is  likely  to  he  leaHt  offensive  to  the  foreigners  who  nuiy  fall  within 

(tSBCOpO." 

It  will  ho  seen  from  tlio  report  of  Captain  Hamilton,  l.iid  before  the  house  of  assem- 
bly, that  ill  the  fishing  season  of  18(i:{,  that  gallant  officer  liad  no  trouble  on  theques- 
fion  referred  to,  or  any  other,  during  his  cruises  on  the  coast  of  L.abrador 

The  governor,  however,  considers  it  proper  that  the  opinions  of  the  law  officers  of 
111" crown  should  bo  ])laced  on  record,  ijnd  with  that  view  they  are  liorewitli  sent, 
bnil  discussions  having  arisen  in  regai'tl  to  tlio  Treaties  of  1818  and  18.'').'i,  he  sends  au- 
pbeutic  extracts  from  these  Treaties,  which  may  bo  nsefnl  iis  a  matter  of  reference. 

GovEKXMKNT  HoosK,  l.'it/t  March,  1864. 


No.  3. 


200  1 


jpinioii  of  the  law  officers  of  the  crown,  whether  United  States  citizens  fishing  in  waters 
ifil/iin  the  jurisdiction  of  Newfoimdland  are  bound  to  ohcij  and  legally  punishable  for  di«- 
1  nijardUig  the  laws  and  regulations  emicled  hy  the  colonial  legislature. 

Temple,  January  Gth,  18G3. 
i  My  Lonn  Duke:  Wo  are  honored  with  Your  Grace's  commands,  signified  in  Sir  F, 
fOgers'  letter  of  the  17th  December,  nlto.,  stating  that  ho  was  directed  by  Your  Grace 
TOnquoHt  that  wo  would  favor  yon  with  our  opinion  upon  the  following  question  : 
["Tliatliy  11  treaty  between  Groat  Britain  and  the  United  St.atcs  of  America,  dated 
WoljerSOth,  1818  (Ilentslett  11,  p.  'S02),  it  was  provided  inter  alia  that  thb  inhabit- 


2r)2 


ALLROKD  OUTRAOK  UPON  AMEUICAN  FLSHEHMKN. 


?;:    :  fV. 


tM! 


J*  hi' 


aiilM  uf  tlio  I'iiUimI  SliitoH  hIioiiIiI  forovor  Lavit  tlitt  tibnrty  to  tuko  lUli  on  Mic  cniMUnf  j 
Ninvtoiiiidlaiiil  (UN  tlioi'tniMlimcribud)  in  cotniuou  with  tho  huI)Jo(;Ih  ut°  llt-r  llritannir 
Miijpftty." 

'i'liut  thiH  ]>rivilHao  wan  extonded  to  tlio  coaHta  of  Cuuatlii,  New  UrniiHwick,  Xovi  j 
Hcoliu,  and  I'riiu-u  Kdward  iNlaiid,  and  tho  Hoverul  iHlaiiih  thoroto  adJac(Mir  (lluiii*. 
l«tt  IX,  p.  SMM))  and  actH  worn  panHod  by  tho  dillori'iit  colonies  (lltMitHlolt  X,  p.  fiH.Wj, 
ti.M,  ().V^,  (i5:j)  to  nivo  (itloct  to  tbn  treaty,  andi^Hpocially  toHiiMiiond  tin*  lawH  ol'Hioiiif! 
('(M'lnit  coIonit>M  wliich  wuro  iiioonHiHtent  with  thu  teriUH  or  Hpirit  of  tho  troitty. 

Sir  Frcch^rick  UoK<'rn  wiih  aim)  pleaMod  to  Htato  that  Yonr  (jra(^o  dt'sirt'd  tn  Iw  in 
fornuHl  wht^thur  inhabitanlH  of  tho  United  >Stat«w  liHliig^  in  watoiN  within  tiut  JDnv 
diction  of  tho  hi^iHlatnro  of  Newfoundland,  or  of  any  other  of  tho  above-mciilloiifil  I 
(tolonicH,  are  bonnd  to  obey  and  lofjally  piuiiHhablu  for  diHre;i;ardin^  the  lawn  or  tvjin- 
lations  enacted  by  or  under  tho  authority  of  thi»re8pectivo  jirovineial  le>;iHliitures,  fnr  I 
the  conduct  of  tho  fiHlieries  ;  and  that  Yonr  (i race  ]>romune<l  thatNUch  laws  wonlilnnlt 
extend  to  waterHHitnatcd  within  a  nnirino  leanno  of  the  (loMHt  of  tlie  colony,  wliiciiijJ 
the  case  of  Newfoundland  to  which  tluH  question  especially  ri^lateH)  aredcilnMl  hv  | 
thu  )rovernor'H  coinDiiuHion,  from  which  an  extract  was  annexed. 

Kir  I'Yederick  Uo^^erH  was  further  pleased  to  inclose  an  extract  from  a  rej)ort  acUlnnyJ  I 
to  Sir  A.  Haiinerunin,  by  the  oHicer  emjjloyed  on  tho  coast  of  Newfoundland,  cnimit «( I 
a  letter  from  Sir  Alexander  Milne,  transmitting  that  rejjort  to  the  liOKlsComiiiiKsioii  I 
ers  of  tho  Admiriilty,  and  of  a  h»t  ter  addressed  to  tlie  Colonial  Dcpartnicnl  liy  ijin,.  | 
tion  of  their  liOrdHhi|)s. 

These  pa|ierH  would  explain  tho  object  with  which  the  piesent  (piestion  was  ftskfil. 

In  obediciico  to  Your  Grace's  commands,  wo  have  taken  these  papers  into  roiisidtfn- 1 
tion,  and  Inivu  the  honor  to  n^port :  I 

That,  in  our  opinion,  inhabitants  of  the  United  States,  lishin^  within  waters  of  ibr 
territorial  Jurisdiction  of  the  legislature  of  Newfoundht'nd,  or  of  any  other  of  tliiMlmve. 
mentioned  colonies,  are  bound  to  obey,  and  ar*^  le;)rnlly  ]>unishable  for  disrei^ardiii;',  the 
laws  and  rtif^ulations  for  the  conduct  of  the  lislierit^s  enacted  by,  or  nnch'r  the  luithoriivl 
of,  tho  respective  ]>rovincial  lej^islatures.     The  plain  object  of  tlm  treaties  al)ovlu^  [ 
ferred  to  was  to  put  tho  inhabitants  of  the  Unitetl  States  as  re<;ards  tho  "  lilicrlyiol 
take  lish  "  within  the  parts  (described)  of  tho  Uritish  dominions,  on  the  sanio  foiitiii;! 
as  "  subjects  of  Her  ISritaniuc  Majesty" — "  in  common  with  whom,"  in  the  tt^riiisuf | 
1  he  t  r(>ati«5s,  sncdi  liberty  was  to  be  enjoyed. 

The  enactments  subsequently  pa«H<'d  did  but  confirni  tho  treaties  and  provide  fori 
the  suspensioc  luring  tho  operation  of  those  treaties,  of  such  laws,  &<!.,  uh  were  or  j 
would  b(v  i-^-^onsistent  with  tho  terms  and  spirit  of  the  treaties;  which  "  terms  imil  I 
sj)irit"  are,  it  appears  tons,  in  no  respect  violated  by  rep;ulationa  hoiinfithwMkkl 
the  KovernnuMit  of  those  engaged  in  the  fishing,  and  api)licable  to  Hrilish  Hiil)j('elii«»| 
employed. 

We  think,  at  tho  same  time,  that  this  British  authority,  as  regards  tho  inliaWtanti] 
of  (he  United  States,  can  be  exercised  within  those  limits  only  within  which  iIkI 
treaty-rights  wore  conferred  ;  in  other  words,  within  which,  btit  forthe  treatie.'*,  tliiwl 
inhabitants  could  not  have  insisted  on  their  right  to  fish. 

These  limits  may  be  safely  taken  on  the  main  ocean  as  ((xtemling  to  three  miles(orjj 
marine  league)  ''•  m  tho  beach  seawards;  but  there  will  remain  |)<)ssibly  tho  riusesnlj 
1>:i.ys  and  other  ■.  )ts  lying  betweon  headlands  and  otluM'  points  of  the  mainland, lliel 
whole  of  which  nuiy  be  territorial,  and  subject  to  tho  onlinary  municipal  jnri8diction,f 
to  which  the  mainland  owes  obodiouco.  I 

Beyonil  this  we  conceive  that  the  matters  to  bo  considered  are  matters  raHii'ro(| 
fact  than  of  law. 

We  have,  &c.,  &c., 

W.  ATHERTON. 
ROUNDELL  PALMER. 

His  Grace  Thk  Dukk  of  Nkwcastlk. 


No.  4. 


Copfi  of  a  denpaich  from  the  secretary  of  state  for  the  colonies  in  reply  to  a  request  f row  iii 
governor  that  the  copy  of  a  draft  bill  for  regulating  the  fisheries  may  be  looked  ovetiifit 
any  parts  pointed  mtt,  such  as  probably  might  not  be  sanctioned  by  the  crotrn. 

Downing  street,  ^rd  Angunt,  ISKl 

Sin  :  I  have  the  honor  to  acknowledge  the  receipt  of  your  despatch  No.  'M  of  tl«l 

2<Hh  .Tune,  enclosing  .-  printed  co])y  of  the  |)roceedings  of  a  coinniiftee  .•ii>p()iiiti'''''| 

enquire  into  the  state  of  the  fi.sheriea  of  Newfoundland,  together  with  ii  iliaff  iiiljl 

framed  with  a  view  to  thoii'  i)r<)j)er  regulation,  and  requesting  that   the  provisio!!*'''! 


ALLEGED   OUTUAGE    UPON    AMERICAN    EI81IEUMEN. 


253 


K'purtinuiit  by  ilin-i 


[i|„Hili:ifl  l>i'l  ■■■'^v  )>*)  l<)ot.c«l  over,  iiiid  any  piirtH  of  il  iiuiiitcd  mit,  Hiich  im  probubly 

llll'llt  not   II''  NltllCtiolllul   liy  til*)  OlUWIl   if   it   WDIIt  pilHHtMl. 

I?  I  it|i|iifiii^ii<l  tliitt  il  in  not  .your  oxpuiitution  tliikt  I  hIioiiI<1  oxprcNH  im  opinion  ro- 
i'tIiiik  ('■*'  pi'Ot'lii'iil  nio<l<-H  of  con(liu;lin>(  Mioho  liHln^ricH,  it  li<Mn|{  plain  tlnit  tlio  in- 
IliiliituiilH  "'  Ni'^vfonixlliind  ui'u  or  on^^lii  to  lio  Inrnt  ciiiiublo  of  Jtid^in};  vvhiit  regiiia* 
ItKJiw'ii'i*  calcuiiitcil  lo  incrciiHu  •hit  pi'odnctiviuifMH  of  tlKtirown  hi^uh,  und  witlirunpudt 
[tiiiiiiiK'iiiil  ■'■'"■"'*l^  I  do  not  think  it  duHiriiliiu  to  anticipate  tliut  climu  imiuiiy  to 
Iwhirli  iiiiy  i>>'t  paHM'd  n|ion  ttiiH  nuittcr  ninst  bo  HMtiJectod  in  order,  to  uucortuiu  that 
liidiKMiiol  nifringo  ii[ion  tho  ri;;ht  (;narai.t<<ud  to  forui^norM  ur  ruu  couuter  to  any 

[hrimil'li""'  iii'l""'"'  policy. 

.  riio  (il)N(-rvutiouH  which  Hn(;uoHt  thuiuHoIvua  tu  mo,  however,  ou  the  perusal  of 
itlicdralt  Itiiliirc— 

Isl.  iliikt  if  any  ntixconct^itioti  oxiMtH  jn  N'owfoundhtnd  roHpoctitig  the  liniitH  of  the 
i,„l,„ij,il  jiiiiNdiction,  it  Wontd  ho  dcitiraltlo  tiiat  it  Hhonld  bupnt  atreHt  bvuiubodying 
till  tli(t  art  a  diHtinctHuttleiucnt  that  tho  ro^^nbitioDH  contained  iu  it  uroot  uo  force  ex- 
L.nt  wllliin  thruii  niihtHof  tiio  HJioroof  tlioc(dony. 

.ml  Tiiut  no  act  can  bo  allowed  which  prohibits  oxproHsly,  or  is  calculated  by  a 
, III iiltDim  method  to  prevent,  thuHaloof  bait. 

1,1.  Tliiit  all  (iHhiu);  acts  Hhall  exprcMHly  «leclare  that  their  provl»ioU8  do  not  extend 
ni  mii'i'l'eru  with  any  existing  treaties  with  ui.y  foreign  uutiou  iu  auiity  with  Great 

|:iiLuii. 

lih.  Tiint,  in  any  part  of  the  colonhil  waters,  it  would  bo  highly  unjust  and  incon- 
I  nil  lit  to  iinpoMO  U|)ou  Britiuli  rmhcrnien  restrictions  wh'ch  could  not,  without  vio- 
liiiii^vxist  lug  treaties,  bo  ini[iosed  upon  foreigners  using  tho  same  lishories.  Ou  tlUH 
|,,  iiK  however,  1  would  refer  you  to  uiy  despatch,  marked  'conlidoutiul," of  the  2nd 
,ii  liliniary. 

1  have,  Si-C,  &.O., 

NEWCASTLE. 
Ouvcruor  Sin  A.  Bannekman. 


;ardH  the  iiilialiitaiiKJ 


Depaktment  of  State, 

IVaiihiiigton,  April  10,  1856. 

\To  the  Collector  of  the  Customs  at , ; 

Silt;  I  herewith  transmit  to  you jirintod  cojiies  of  a  circular  letter  addressed  by 

jtlilsdopartiiicut  to  the  collectorof  tho  customs  at  Boston  ou  tho  iWth  ultimo,  concern- 
jiii;,'  tho  tisberics  ou  tho  coasts  of  the  British  North  American  Provinces,  whicli  circular 
lyoii  will  be  pleased  to  regaid  as  having  Ifcen  addressed  directly  to  yourself,  and  ac- 
[ioiiliiij^ly  eommuuicate  copies  theieof  to  tho  masters  of  such  tishiug  vessels  as  belong 
[to  your  port. 

I  am,  &c.,  &o.,  «&c., 

W.  L.  MARCY. 


ire  niat.t<«-s  ratliorolj 


I  Circular.] 

Mr.  Marcy  to  Mr.  Vtadee. 

Depautment  of  State, 

lyashinglon,  March  128, 18.')6, 

f<li!;  It  is  understood  that  there  are  certain  acts  of  the  British  North  Amoricau  Co- 
lloiiial  lf;;islatnres,  and  also,  perhaps,  executive  regulations,  intended  to  ]>revent  tho 
jvaiitoii  (lestriictiou  of  the  lish  which  frequent  the  coasts  of  tho  colonies,  aud  injuries 
[tothrlishiiig  thereon.' 

It  is  ilicLiK^d  reasonable  and  desirable  that  both  United  States  and  British  fishermoii 
Wiiiiilil  piiy  il  like  respect  to  such  laws  and  regnlation.s,  which  are  designed  to  pre- 
sorvdiiiui  iucieasotlie  productiveness  of  tho  iisheriesou  these  coasts.  Such  being  the 
Ww'tof  these  laws  and  regulations,  the  observance  of  them  is  enjoined  n])on  the 
kiiizonsdf  the  Uuited  States  iu  like  manner  as  they  are  observed  by  British  sulijeets. 
piy  iriiiniiiiir  ihe  uuitnal  uso  of  tho  inshore  fisheries,  neither  party  has  yielded  its 
fights  to  civil  jurisdiction  ov(sr  a  maritime  league  along  its  coast.  Its  laws  are  as 
pli;'at()iy  ii|iou  tho  citizens  or  subjects  of  the  other  as  upon  its  own.  Tho  laws  of 
pile  HritiHli  Provinces  not  in  conllict  with  tho  provisions  of  the  Reciprocity  Treaty 
poiiid  bts  as  binding  upon  citizens  of  tho  Uuited  States  within  tluit  jurisdiction  as 
pi|"u  liriti.sh  subjects.  Should  they  be  so  framod  or  executed  as  to  make  any  dis- 
ftimiiiation  in  favor  of  tho  British  iisherman,  or  to  impair  tho  rights  secured  to  Auier- 
pu  tishurmeu  by  that  treaty',  those  injuriously  attected  by  them  will  appeal  to  this 
|ovemment  for  redress.    Iu  preseuting  complaiuts  of  this  kind,  should  there  be  cause 


254 


ALLEGED    OUTRAGE    UPON    AMERICAN    FISHERMEN 


for  (loitifj  80,  they  iiro  I'oqiiestod  to  furnish  tho  Dopartmont  of  State  witli  a  copynf  1 
tlio  Iii\/  or rcgiriatioii  wliicli  in  uHojjwl  injuriously  to  iiUcct  their  right.sor  to  iriaiiiuu 
unfiiir  (liHcriiuiiiatioii   bctwucii  tlio  lish'.a'iiioii  of  tiic,  n^Hpcctivi!  «'oiiiitri(!n,  or  \,i|||,, , 
M'ateinoiit  of  any  siippoMsd  j^riovauco  in  th(!  fxeciition  of  Huch  hiw  or  ri'^iilatinn, iii 
orthu'tliat  tho  matter  may  lio  arraiigcil  by  tlio  two  {;ovoriimouts. 

You  will  mako  this  diroctiou  known  to  tho  mautur  of  such  tishiuj;  vessels  as  beloii« 
to  your  port,  in  such  niaunor  us  you  may  deem  most  advisable.  ' 

I  am,  &c., 
,  W.  L.  MARCY. 

It  is  beliovod  that  tho  principal  regulations  referred  to  above  are  the  foUowini',  fiou  | 
tho  Revised  Statutes  of  New  Brunswick,  Vol.  1,  Title  22,  chapter  lUl :  j 

"7.  Tho  wardens  of  any  county  shall,  whtto  necessary,  nial  out  and  ili'sifjnate, in 
proper  positions,  'flurry  grounds,'  piittiny  up  notices  thereof,  ileserihinj^  Mitiii' liiiiiij 
and  position,  in  tho  several  school-houses  and  othermost  public  places  in  tlioiwrisb 
where  tho  gurry  grounds  aro  marked  o"*^,  poblishi'ig  tho  like  notice  in  the  Royal  Ga 
aette ;  and  no  person  .after  such  i'..)8ting  and  publication  shall  castoverboanl  fioinanv  I 
boat  or  vessel  tho.oil'al  of  tish  into  the  water  at  or  near  tho  said  parish  ut  auy  jilaco 
except  tho  said  gurry  grounds." 

"  12.  Within  tho  parishes  of  Grand  Manan,  CampoBello,  Pennfield,  and  St.  Giwje, 
in  the  county  of  Charlotte,  no  seino  or  net  shall  be  set  across  tho  mouth  of  any  Iiav™, 
river,  creek,  or  harbor,  noriu  such  place  extending  more  than  on(!-third  tho  (li»taiiit  I 
across  tho  same,  or  bo  within  forty  fathoms  of  each  other;  nor  shall  they  bo  Hetwiilmi  j 
twenty  fathoms  of  tho  shore  at  low-water  mark."  I 

"  1.').  No  herring  shall  betaken  between  tho  lf)th  day  of  July  and  the  fifteentlKifOc.  f 
tober  in  any  year  on  tho  spawning-ground  at  the  I'ead  of  Grand  Manan,  to  comiiitiuel 
at  tlie  eastern  part  of  Soil  Covo,  at  a  place  known  as  Red  Point,  thence  cxteiidlii;' I 
westerly  along  tho  coast  and  around  the  southern  head  of  Bradford's  C(»ve  about  ( 
live  miles,  an(l  extending  one  r.iilo  fronj  tho  shore.  All  nets  or  engines  used  forcatclj- 
iiig  herring  on  tho  said  ground  within  tliat  period  shall  bo  seized  and  foifeited,  ami 
every  person  engaged  inusing  tho  same  shall  be  guilty  of  a  misdemeanor  and  puuisy  | 
accordingly." 


No.  6. 


lUegpatcbes  aDd  oorrespondenco  in  reference  to  the  troflio  in  bait  and  ice.] 
.  _  •  Governor  Sir  John  H.  Glover  io  Earl  Carnarvon. 

GovEUXMKNT  Housk,  [ilut  December,  1«". 

My  Loud:  I  have  the  honor  to  enclose  a  minuto  of  my  executive  council,  },Mviii»j 
their  opinion  as  to  the  injurious  results  to  tho  iisheries  of  Newfoundland  troiul  be  imr- 1 
ring  for  bait  f(u-  exportation,  as  pointed  out  in  the  senior  naval  officer's  reiiurt on- 1 
closed  in  your  lordship's  despatch  No.  G8. 

2.  At  the  same  time,  my  ministers,  in  anticipation  of  legislative  action  iipout 
im])ortant  subject,  deem  it  advisable  to  re<iuest  me  to  have  it  brought  under  yoarl 
lordship's  consideration  before  the  next  session,  which  annually  meets  near  tiioemlofj 
January. 

:{.  From  th<i  admission  of  tho  Americans  to  rights  of  fishery  on  this  coast  uiidei  lli»  j 
Washington  Treaty,  more  diiiiculty  will  be  experienced  than  heretofore  in  the  cairviujl 
out  of  the  local  acts  regulating  tho  taking  of  herring;  biiiti  with  additional  steam  aid  I 
it  is  hoped  that  more  etticient  protection  will  bo  afforded  in  those  parts  where  breacliM] 
of  tho  law^  will  probably  occur. 

4.  There  is  a  strong  feeling  extant  against  tho  American  lishermen,  who  tliisynrl 
with  numerous  vessels  visited  many  of  the  lishing  stations,  before  free  from  t  kit  j 
intrusions,  their  chief  object  being  to  procure  fresh  bait  and  ice,  which  they  did inl 
largo  quantities,  for  their  bankers,  to  the  alleged  injury  of  our  inshore  lislu'riiiM.[ 
This  year  there  has  been  in  several  places  a  failure  iu  the  fishery,  which  toai: 
extent  is  attri'outed  to  this  An;eri(;an  interference. 

.').  The  eirectof  tho  recent  decision  at  Halifax,  as  re[iorttHl,  disallows  litis  tniili«| 
under  tho  treaty,  and  from  tho  o|)inion  prevailing  my  ministers  surmise  tiiuMuml 
ctringont  l<!gisliition  will  bo  demanded  elfectually  to  check  this  trallie  than  at  presfall 
exists,  and  that  a  large  nnijority  iu  th(»  legislature  on  both  sides  will  pa^ss  Curl' 
adoption  of  such  a  policy. 

(5.  Should  such  be  insisted  upon,  it  appeared  probable  to  my  ministers  that  it  wouU  j 
embrace  prohibition  to  colonial  fisherman  to  8upi>ly  or  aid  in  supplying,  or  t(iix|Mirl,r 
fresh  bait,  which  would  in  that  respect  apply  equally  to  the  French  with  ihcVinfil 
cans,  but  tho  latter  would  have  the  ad  vantage  of  taking  for  themselves  if  they  iilciisf^lj 


ALLEGED    OUTRAGE    UPON    AMERICAN    FISHERMEN. 


255 


ug  vessels  as  bfloii« 


W.  L.  MARCY. 


j,l(is(i'  iiiiil  it  is  coiicoivetl  that  tlio  exorcise  of  this  right  would  not  be  so  pre.jiitliciiil 
ili(i  iiiactice  tluit  lias  lately  existed  in  taking  away  the  colonial  lishcrmen  Ironi 
luirowii  fii^liiiig  to  procure  a  supply  of  buit  an<l  ice  for  the  Anioricans. 
■  It  iiiiiv  '»'  safely  asserted  that  with  the  experience  derived  from  the  operation  of 
111.  WasliiiijitDri  Treaty  there  would  bo  no  probability  of  the  legislature  extending  the 
jiiiitissioa  to  ilsh  in  our  own  waters. 
1  have,  &c.,  tfcc, 

^         JOHN  H.  GLOVER. 


No.  7. 

Governor  Sir  John  H.  Glover  to  Sir  M.  Ilicka  Beach. 

Government  House,  2C</t  June,  1878. 
i  Siu;  I  liiivo  the  honor  to  enclose  for  your  consideration  a  copy  of  an  address  from 
liilioiiso  (if  assembly,  accompanied  by  the  report  of  a  select  committee  of  the  house, 
hili'videiioe  taken  on  the  subject  of  the  traffic  in  bait  and  ice,  and  its  elfect  on  the 
|i)(llislii'ryof  llio  country. 

,.  I  would  observe  that  this  address  and  report  represent  a  very  strong  opinion 
iri'vailinj;  jfcuerally  throughout  the  colony  on  the  matters  in  question,  and  it  is  hop('<l 
lat  liir  Majesty's  Government  may  tind  themselves  able  to  comply  with  I  lie  \vish(^s 
ipri'ssi'd  in  tlie  address,  aud  to  enforce  the  iirovisionsof  the  convention  and  act  therein 
tfiitioiied. 

\l  It  was  at  lirst  proposed  in  the  legislature  that  a  special  act  should  be  passed  to 
[rohiljit  tilt)  trallic,  and  the  alternative  of  the  present  address  was  adopted  at  the  sug- 
btioii  of  tlio  government,  who  thought  it  the  most  expedient  course  of  action. 
I  have,  &.C.,  &c., 

JOHN  H.  GLOVER. 


No.  8. 


The  colonial  office  to  Sir  John  H.  Glover. 

Downing  Stkeet,  25fft  December,  1878. 

{Sir.;  1  duly  received  your  despatch  No.  56  of  the  iiutli  Juno,  in  which  you  for- 
lanlcd  a  report  (with  evidence)  of  it  select  counnitteo  of  the  house  of  assembly  of 
lew  fouiidlaiul,  relating  to  the  traffic  in  bait  and  ice,  which  is  carried  on  in  the  colony 
kitli  lisliernieu  of  the  United  States  to  an  extent  which  is  represented  as  having  a  very 
Ijiirimis  ctl'i'ct  upon  the  fishery. 

1  liavo  considered  the  address  of  the  house  of  assembly,  founded  on  that  report, 
Ikpectiiij;  tlu»  opinion  that  this  traftic  should  bo  prohibited,  and  urging  that  (lirections 
jay  lie  ni VI 11  for  causing  the  provisions  contained  in  the  convention  with  the  United 
latesuf  America  of  1818,  and  the  iniperiul  act  .M),  Gro.  A,  cap.  118,  to  be^put  iu  opera- 
Ion,  with  tlio  object  of  carrying  such  prohibition  into  (;tteet. 

This  iiiattor  was  previously  brought  to  the  notice  of  my  predecessor  in  your 
|spatch  No.  104  of  thd  31st  of  October,  1877,  to  which  he  replied  on  the  7th  of  January 
Ttliisycar. 

li  I  tboiifjht  it  advisable  on  the  receipt  of  your  despatch,  now  under  aeknowlcdg- 
Tent,  to  take  the  opinion,  in  the  first  instance,  of  the  inspectors  of  salmon  fisheries  in 

scouiitry,  as  to  whether  the  reported  deterioration  of  the  bait  lisheries  might  not  bo 
Jet  liy  some  general  regulations  for  their  prevention. 
15.  lendo.sea  copy  of  the  report' which  I  have  received  in  reply. 
|l).  It  will  1)0  perceived  that  the  general  conclusion  of  (ho  inspectors,  who  are  gentle- 
pi  of  lar;,'o  experience  in  such  nuvtters,  is  to  the  elfect  that  the  opuralions  of  man  have 
iarerji  sUfiht  effect  upon  the  aiippli/  ofhcrrhitj,  and  that,  with  the  cxperi<Mice  of  thi,s 
limlry  lipfore  tliem,  they  doubt  the  necessity  of  any  legislation  for  tlie  protection  of 
pill};;  tliat  they  doubt  tho  propriety  of  interfering  under  any  circumstances  with 
Inaptiiroof  bait,  as  well  as  the  possibility  of  making  any  regulation  which  would 
i'ctual,  applicable  to  the  territorial  waters  of  a  single  country,  and  that,  reason- 

;lroni  analogy,  they  would  hesitate  to  advise  the  adoi»tion  of  any  regulations  for 
^e  prm'ivatioii  of  capelin  or  squid. 

['■  You  will  notice,  in  addition  to  those  general  conclusions,  the  observations  of  the 
|61>(fior8  as  to  the  regulations  which  were  e.stal)lished  on  the  northwest  coast  of 
!"tlaml,  which  operated  with  considerable  hardship  to  the  fishermen,  without  there 
|i"„'ai'liari'iitly  any  increase  in  the  number  of  iish,  and  which  gradually  fell  into 

ii>i'iiii(l  wi^re  subsequently  rcpoiiled. 

■  With  this  report  before  them.  Her  Majesty's  Government  can  not  but  feel  uncer- 


256  ALLEGED    OUTKAGE    UPON   AMERICAN   FISHERMEN. 

tain  wliotluT  any  fiiiliirc  in  •  hiiit  iisliery  of  Nowfoundland  would  bo  r(;iiie(lie,i  kl 
tlm  iidoption  of  tlio  nioiiHiiii  1  jnoposed  bytbclioiiso  of  asHonibly,  and  \vlntliei  iW 
jnactiuo  wbicb  in  (()nii)laiiu'd  of,  and  wbicb  it  is  Hoiigbt  to  ])i()hibit,  bas  hv.uw  m&  I 
ciondy  ])rov('d  to  bavo  diniini.sbod  tbo  actual  quantity  of  bait  visiting  tlio  const'  lU 
Ibongb  tbt)  increiiHcd  conijietition  of  tbe  Americans  may  Iiavo  niadcit  Iohh  easy  fortLl 
local  Jisbcrnicn  lo. secure  the  bait  tboy  rc<iuiro  for  tbeir  own  lisbing.  I 

0.  IJut,  apart  from  tliis  view  of  the  question,  Her  Majesty's  Govcrnmtni  deeuitlif  I 
jircsent  moment  inojjportnno  to  ett'ect  any  such  cbango  in  practice  as  tbatAvliithjtjtl 
desired  should  be  established;  they  are  giving  tbeir  niost.careful  cou-^ideralion  toUKl 
whole  question  of  the  iisheries,  both  as  regards  United  States  subjects  <xud  tlio  siibkci  I 
of  Franco,  and  they  feel  that  a  satisfactory  solution  of  the  several  important  tpointuatl 
issue  might  be  considerably  hindered  by  action  iu  the  direction  suggested  by  the  ai- 1 
sembly. 

10.  You  will  be  so  good  as  to  communicate  this  despatch  to  your  govermuent, 
I  have,  &c.,  &c., 

M.  HICKS  BEACH, 


No.  9. 
Inspector  of  salmon  fisheries  to  colonial  office. 

Home  Offick,  September  30, 1878. 

Sir:  We  have  the  honor  to  acknowledge  the  receipt  of  your  letter  of  tbo 5tli inl 
stant,  enclosing,  by  direction  of  Secretary  Sir  Michael  Hicks  Beach,  a  copy  of  adt*! 
l)atch  from  the  governor  of  Newfoundland,  with  an  address  from  the  honsn  of  asscmtilrl 
"relating  to  the  derioratiou  of  tho  bait  fisheries  of  Newfoundland,  and  the  measuresl 
proposed  to  be  taken  to  remedy  this  evil." 

Sir  Michael  Hicks  Beach  is  so  good  as  to  ask  ns  whether,  without  entering  intoil 
consideration  of  the  course  recommended  by  tho  bouse  of  assembly  of  NowfoiindlaDdi 
wo  could  suggest  any  genera!  regulations  applicable  to  lishermen,  of  whatsoeverii,itioii| 
ality,  for  the  preservation  of  the  bait.  I 

Tbo  term  "  bait,"  as  it  is  used  in  the  papers  which  have  been  sent  to  us,  appearstol 
comprise  three  distinct  things — herring,  caplin,  and  sqnid.  I 

Herring  appear  to  bo  used  as  bait  for  cod  in  the  early  part  of  the  season,  sqaidj 
during  the  sunnner  and  autumn,  and  caplin  during  tho  otlior  portions  of  the  year.  I 

The  caplin  (MaUoius  villoaus)  is  neai-ly  allied  to  the  smelt,  but  it  is  not  met  withial 
British  waters.      We  have  therefore  uo   personal  information  respecting  this  tii 
Squid  ar<i,  wo  believe,  occasionally  nsed  as  bait  in  this  country,  but  their  useison 
oc(!asional,  and  we  bavo  no  personal  experience  regarding  them. 

As,  thereforo,  Sir  M.  Hicks  Beach  has  asked  us  to  furnish  him  with  such  siiggi 
tions  as  our  exiierience  may  enable  us  to  make  in  regard  to  bait,  and  as  our cxperij 
ence  does  not  extend  either  to  caplin  or  to  squid,  wo  conceive  that  we  shall  hiim\ 
plying  strictly  with  his  wish  by  conbning  our  observations  to  herring. 

Herrings,  usuiilly  immature  or  "spring"  herrings,  are  largely  used  by  lino  lislieiJ 
miMi  as  bait  both  in  England  and  Scotland.  I 

During  ii  portion  of  the  yeu.r  the  line  lishermen  are  mainly  dependent  on  tleherj 
rings  as  bait.  ' 

A  fi.'W  years  ago  Parliatiient  imposed  a  close  season  for  herrings  on  the  wcHt  coastd 
Scotland.  The  close  season  extended  to  hearings  taken' both  for  food  and  for  bait;  il 
is  admitted  to  have  occasioned  considerable  hardship  to  the  lisbermen  :  it  does  i 
a))iieiir  to  have  been  attended  with  any  increase  in  the  number  of  herring;  icitradiij 
ally  fell  into  disuse,  and  so  far  as  the  northwest  of  Scotlfind  is  concerntd  it  mmk 
pealed  ;  so  far  aw  the  southwest  of  Scotland  is  cont'erned  it  C(!ased  to  be  olworvid.  I 

A  great  many  ))ersons  locally  interested  in  tho  Scotch  herring  (isherii^s  aro  (lenimiil 
of  re-enacting  this  close  season,  or  for  taking  some  other  means  for  the  incnMNouI'lM 
herrings,  but  they  are  nnaniuKus,  or  almost  unanimous,  in  saying  that  this  close seij 
son  or  these  regulations  must  not  apply  to  herrings  taken  for  bait. 

With  tliti  ex|ieri(!Mce  of  previous  legislation  l)etore  them,  they  are  sat isliod  that t 
restrictions  whateviir  innst  bo  ini))os(;d  ui>on  the  capture  of  herrings  for  l)ait. 

We  may  say  tliat  similar  conclusions  were  expressed  to  us  during  our  iii(|iiir,viiitl 
the  crab  and  lobster  lisheries  of  (Jreat  Britain.  Many  of  tho  most  experienced  lisliW 
men  we  found  <U'sired  that  some  well-considered  regulations  should  be  inii(lcforti|r 
d(<velopment  of  these  fisheries.  But  nearly  every  lisbernian  considered  that  these  nnj 
Illations  -should  not,  in  any  ei>se  ap]>ly  to  the  crabs  taken  for  ba't. 

Their  argument  seemed  to  ns,  we  jiiay  a<ld,  perfectly  sound. 

Halt  is  of  such  importance  to  the  lislicriucu,  iiiid  in  certain  t;eanons  and  in  ii't") 
places  so  diliicnli  to  be  got,  lliat  wi!  should  in  this  country,  at  any  rate,  stiongljiis^ 
sent  from  any  regulations  which  might  intcrlere  with  its  capture. 


MEN. 

,  bo  rcniediod  by  I 
aiul  whetlieiili't 
it,  has  l)(!«n  Miiii.  I 
iii<r  the  coast;  al.; 
it  less  easy  for  till,] 

irniiKMit  (ice.Ditlitl 
18  tbiitvhithitj,! 
u.>i(loiationtolliel 
,8  aud  the  siibjecti  I 
Liportant  iiointsalj 
ggostedbythoaj-l 

government, 

IICKS  BEACH, 


ALLEGED   OUTRAGE   UPON   AMERICAN   FISHERMEN. 


257 


ptcmbcr  30, 1878, 
etter  of  the 5tb iai 
ih,  a  copy  of  ades-j 
!  bousflof  aHscraWfl 
,  and  tbo  nieasutral 

out  entering  intoil 
jT  of  Nowfoiiudliinil 
whatsoevcrnatioD'l 

at  to  us,  appears  lol 

f  tbo  eoason,  8qnid| 
jious  of  the  year, 
is  not  mot  with  ii| 
specting  this  I 
ut  tbcir  imoisoulrj 

with  such  fluggiJ 
and  as  our  expcti-I 
we  Bballbo coiii-l 
ing. 
ised  by  lino  tisteJ 

ondent  outleliei^ 

tbo  west  coastd 

)(l  and  for  bait;  il 

Ijruicii ;  it  does  t 

borring;  i'H 

oncerneditwasn 

to  bo  ol).fi;i'Viil. 
liorios  arc  MM 
tbo  incrcasool'tlif 
tbut  tbi.scl08i!« 

I'O  Hatiwiii'dUutD 
rs  for  Itait, 
ig  our  iii(|iiii'yi"J 
oxi)erii'nciul  listaj 
Id  bo  nuiili'toti" 
rodtliatlliMi'i 


go  far,  then,  as  tbo  more  question  o'  bait  is  concerucd,  we  doubt  tbe  propriety  of 
jnvregnlatioiiH  interfering  with  its  capture.  But  we  also  doubt  the  necessity,  we 
doubt  tbe  possibility  of  any  operations  of  man  interfering  with  the  stock  of  herrings 
in  the  sea. 

The  allegation  that  the  stock  of  herrings  is  materially  reduced  by  the  operations  of 
the  not  fishermen  has  been  constantly  made  in  varioua  parts  of  the  kingdom.  But 
notwithstanding  the  constant  increase  of  netting,  the  annual  number  of  berringa 
talten  by  man  has  been  continually  and  regularly  increasing.  Though  the  quantity 
of  herrings  taken  oil"  the  Scotch  coasts  is  now  ten  times  greater  than  it  was  fifty  years 
iiiro,  there  aro  no  indications  that  this  prodigious  increase  in  their  capture  has  made 
any  impression  on  the  stock  of  herrings  in  the  sea. 

it  is  true  that  there  are  some  reasons  for  thinking  that  the  increase  of  netting  has 
prevented  the  herrings  from  entering  some  of  the  inland  locks  which  used  to  be  fre- 
(lueated  by  thom ;  there  is  at  any  rate  no  doubt  that  herrings  have  deserted,  or  par- 
tially deserted,  certain  portions  of  the  coast  which  were  previously  frequented  by 
them. 

Bat,  in  tho  first  place,  it  is  not  absolutely  clear  that  their  desertion  of  such  por- 
tions of  tbe  coast  lias  been  due  to  the  operations  of  man ;  and  in  the  second  place,  it 
is  not  clear  that,  if  it  be  so  due,  any  regulations  which  could  easily  be  made  would 
'■  obviate  tbe  evil. 

It  is  not  clear  that  the  desertion  of  certain  portions  of  the  coast  by  the  herrings  is 

ibii'totho  opcrationsof  man,  (1)  because  it  isawell  known  and  ascertained  fact  that 

li^h  do  desert  certain  places  for  a  long  series  of  years,  whether  they  are  netted  or  not, 

I  and  (2)  because  it  has  also  been  ascertained  that  they  have  not  been  driven  from 

other  jiortions  of  the  coast  by  unrestricted  netting. 

Even  if  the  herring  deserted  certain  portions  of  the  coast  in  consequence  of  the 
fxcKMof  netting,  it  is  not  easy  to  see  how  any  regulations  which  man  could  make 
[  woubl  obviate  the  evil. 

The  regulations  which  man  could  make,  or  at  any  rate  which  any  single  nation 
I  could  make,  must  necessarily  apply  to  the  territorial  waters  of  th.at  country ;  bat  her- 
I  rings  are  just  as  easily  taken  ten  miles  from  the  shore,  or  oven  fifty  miles,'  as  well  as 
hithin  three  miles  of  it. 

The  greater  number  of  herrings  <ire,  in  fact,  taken  more  than  ten  miles  fromtheland, 
[  and  it  is  tho  almost  universal  opinion  of  fishermen  that  the  operations  of  man  have  a 
I  greater  effect  in  breaking  up  the  shoals  out  at  sea  a  long  distance  from  land  than  close 
[  to  the  shore. 

Regulations,  therefore,  applicable  to  the  territorial  waters  would  have  the  effect  of 
[driving  the  fishery  farther  from  the  shore.  They  would  have  no  other  effect  what- 
lever. 

Writing,  then,  simply  with  the  experience  of  this  country  before  ns,  we  doubt  the 
Ineeeasity  of  any  legislation  for  +jhe  preservation  of  herrings ;  wo  doubt  the  propriety 
|of  interfering  under  any  circumstances  with  the  capture  of  bait ;  and  we  iioubt  the 
iT-oiwiiiility  of  making  any  regulations  which  would  be  effectual,  applicable  to  tho 
jterritoriai  watijrs  only  of  a  single  country. 

i  fiea«oning  only  from  analogy,  wo  should  also  hesitate  to  adopt  any  regulations  for 
Itbe  preservation  of  caplin  or  of  squid  ;  but  as  on  these  points  we  have  no  experience, 
Iwedo  not  venture  to  pronounce  a  positive  opinion  on  them.  , 

I  SirMiehai'l  Hicks  Beacli  will  observe  that  we  have  confined  the  preceding  obser- 
Ivatioiw  strictly  to  tbe  point  on  whiah  he  has  asked  our  opinion,  viz,  the  possibility 
lot  iiiakinii;  any  regulations  applicable  to  all  fishermen  of  whatsoever  nationality  for 
Ithe  preservation  of  bait. 

I  Tberc  are  other  points  connoi  d  with  these  papers,  such  as  tbo  relative  values  of 
jtliecfldand  bait  fisheries  to  the  Newfoundland  fishermen,  orthedifficulty  of  allowing 
Tthcsalcof  a  li  h  three  miles  from  shore,  the  sale  of  which  was  illegal  within  three 
uilesfrom  the  sli  >ro,  ou  which  we  forbear  from  making  any  observations  whatever. 
t  We  venture,  in  rwarding  this  reply,  tu  transmit  with  it  copicsof  our  report  (1)  on 
phcherring  fisberi  of  Scotland,  (2)  on  tho  crab  and  lobster  fisheries  of  Great  Britain, 
pn  which  many  of  i  i  arguments  which  we  have  summarized  in  this  letter  are  stated 
morefnlly,  and  we  ivo  only  to  add  that  if  there  is  any  other  point  on  which  Sir 
Michael  Hicks  Beaca  desires  information,  and  in  which  it  may  be  in  our  power  to 
Nisi  him,  it  will  afl'urd  us  much  pleasure  to  do  so. 


We  have,  &c.,  &,o., 


S.  Ex.  113 17 


FRANK  BUCKLAND, 
8.  WALPOLE, 
Inspectors  of  Salmon  Fiaheriet, 


ons  iintl  1"  '■''"; 
rate,  Nliougly 


m: 


258 


ALLEGED   OUTllAGE   UPON   AMEUICAN   FISHERMEN. 


No.  10. 
AN  ACT  to  carry  into  effect  a  treaty  bntween  Uer  Majesty  and  the  United  States  of  Amorici. 
(Imperial  Parlianiont,  6th  Au;;nst,  1872.) 

AN  ACT  relating  to  tlie  Treaty  of  Waslnngton,  1871. 

•      ;'       ;  (Canadian  Parlianiont,  14th  June,  1872.) 

'       !   X  '-v  35  AND  36  Victoria. 

Chaf.  XLV.— an  act  to  carry  into  eflect  a  treaty  between  Her  Ms^esty  and  the     A.  D.  WL 

United  States  of  America. 


^  '  •■  '   "      '-^  (6th  August,  1872.) 

Whereas  a  treaty  between  Her  Majesty  and  the  United  States  of 
America  was  signed  at  Washington  on  the  eighth  day  of  May,  one  thou- 
sand eight  hundred  and  seventy-one,  and  wa^  duly  ratified  on  the 
seventeenth  day  of  June  of  that  year,  which,  amongst  other  things,  con- 
tained the  articles  set  out  in  the  schedule  of  this  act: 

And  whereas  an  act  intituled  "An  act  relating  to  the  Treaty  of  Wash- 
ington, 1871,"  has  been  passed  by  the  Parliamtiit  of  Canada  for  tbe  pur- 
pose ot  carrying  into  operation  the  said  articles; 

And  whereas  an  act  intituled  "An  act  relating  to  the  Treaty  of 
Washington,  1871,"  has  been  passed  by  tbe  legislature  of  Prince  Ed- 
ward's Island,  for  the  purpose  of  carrying  into  operation  the  paid 
articles ; 

And  whereas  the  Congress  of  the  United  States  of  America  have  not 
as  yet  passed  any  act  for  carrying  into  operation  on  the  part  of  the 
United  States  the  said  articles ; 

And  whereas  it  is  expedient  to  make  provision  by  act  of  Parliament     •  ' 
for  carrying  into  operation  the  said  articles ; 

Be  it  enacted  by  the  Queen's  Most  Excellent  Majesty,  by  and  with  the     ■     -' 
advice  and  consent  of  the  Lords  S))iritual  and  Temporal,  and  Commons, 
in  this  present  Parliament  assembled,  and  by  the  authority  of  the  same, 
as  follows: 

1.  As  soon  as  the  law  required  to  carry  into  operation,  on  the  part  of    Siispentioii  dl 
thft  United  States  of  America,  the  articles  sot  out  in  the  schedule  to  ^ff  at  vari«iM| 
this  act  has  been  passed  by  the  Congress  of  the  United  States  and  come  '"    """"'■ 
into  force,  all  acts  of  Parliameut  and  laws  which  operate  to  prevent 

the  said  articles  from  taking  full  effect  shall,  so  far  as  they  so  operate, 
be  suspended  and  have  no  effect  during  the  period  mentioned  in  the- 
article  numbered  thirty-thrco  in  the  schedule  to  this  act. 

2.  Whenever  the  necessary  laws  have  been  pa^.iseil  by  the  legislature    provision  fori 
of  Newfoundland  and  approved  by  Her  Majesty  for  carrying  into  oper- oxtonsinn  of  »l 
ation  the  articles  in  the  schedule  to  this  act,  so  far  as  they  relate  to  tides  to  KeiJ 
Newfoundland,  it  shall  be  lawful  for  the  officer  administering  the  gov-  * '•""i'"*'"'' 
ernmeut  of  Newfoundland  at  any  time  during  the  suspension,  in  pur- 
suance of  this  act,  of  the  above-mentioned  acts  of  Parliament,  and  laws 

by  his  proclamation  to  declare  that  after  a  time  fixed  in  such  proclama- 
tion for  that  x>urpose,  this  act  and  the  articles  in  the  schedule  to  this  act 
shall  extend,  and  the  same  .accordingly  shall  extend  to  Newfoundland 
so  f.r  as  they  are  applicable  thereto. 
^     3.  This  act  may  be  cited  as  "The  Treaty  of  Washington  Act,  J  872."      Short  title 

(NOTK. — For  schedule,  see  Treaty  of  Washington  in  vol.  of  statutes  of 
Canada,  35  Vict.,  A.  D.  1872.) 


r" 


ERMEN. 


ALLEGED   OUTRAGE   UPON   AMERICAN   FISHERMEN. 


269 


d  States  of  Amorici 


mi  the     A.  D,  ltT2. 


btes  of 
ithou- 
)n  tbe 
8,  con- 

Wash- 
le  i)iir- 

aty  of 
Be  Ed- 
e  paid 

ve  not 
of  tbe 

ament 

ththe 
mons, 
Harue, 

lart  of    Siispennion  it 

lo  to  act*  »t  """i 

with  articles. 
come 

vent 

Mate, 

u  tbe 

It  lire  proviMon  tiitl 
oper-  (>xt(>ii8ion  of  it-m 
ito  to  ticlca  to  Xe»| 
EOV-  *'>'Unill»n(l. 

pur- 
laws 

lania- 

itiact 

Hand 

!72."       Short  title. 

tea  of 


AxNO  Tkicesimo-Quinto  VicTORiiE  Regin^. 

(;^,  i._A>f  ACT  to  ameud  the  act  renpoctint;  tbe  atatutos  of  Canada. 
(Assented  to  14tii  June,  1872.) 

Her  Mii.it'Mty,  by  and  witb  tbe  advice  and  consent  of  tbe  Senate  and    I'leamble. 
]|iiii.sc  (ifCoinuious  of  Canada,  enacts  as  follows: 

1.  All  111''  oiifjinal  act8]»asscd  by  tbe  legislatures  of  tbe  latoppoviuces    Clork    of    the 
,  pf  L|i[)(  r  (ir  l.owtr  Canada,  or  of  tbe  late  province  of  Ciuiada,  t'"'"''"'- ^"vlj't'i"^"'^  twf 
:  lirri'il  to  ami  dejiosited  of  record  in  tbe  ortico  of  tbe  clerk  of  tbe  Seuato,  of  origi'nal  mitHof 
[aiiilal.'iiiiill  original  acts  of  tbe  Parliament  oi  Canada  beretofore  as- Parliament  and 
[seiiti'd  to,  or  liereafter  ^o  be  tusented  to  by  tbe  governor-general,  and|>f   certain    lato 
all  bills  rfMUved  for  tbo  signilicatiou  of  tbe  Queen's  pleasure,  aud  *is- J^'j^^^^^'^^^'j^^j',^'* 
[sMiti'tl  to  or  (lisiillowed  by  tbe  Queen  in  council,  sball  be  and  continue 
'  lo  leiiiiiin  of  record  in  tbo  custody  of  tbe  clerk  of  tbe  Senate  of  Canada, 
411(1  such  tlei  k,  as  custodian  thereof,  sball  bo  known  and  designated  as 
I  "The  clerk  of  tbe  I'arliaments."    And  everything  now  required  by  tbo 
[act  iiititnlfd :  "An  act  respecting  tbo  statutes  ot  Canada,"  or  bj'  any  -'  ■ 

I  ntliiract  of  the  Parliament  of  Canada,  to  be  done  by  tbe  clerk  of  tbo 
>ii;ite,  as  custodian  of  tbe  said  acts  or  any  of  tbem,  sball  be  done  by 
;  lilt'  eleik  ol'  the  Parliaments. 

'.',  The  tlcik  of  tbo  I'ariianjents  shall  bave  a  seal  of  ofQco,  and  sball     Clei-k  of  the 
I  ailix  tlif  same  to  certified  copies  of  all  acts  intended  for  tbe  go  /emor-  Parhamenta    to 
p'lieial  or  the  registrar-general  of  Canada  or  required  to  bo  produced  ge'ai^o/office^*'  * 
lii'liiie  cotuts  of  justice,  either   within  or  beyond  tbo  limits  of  tbe 
Dmiiiiiioii  of  Canada,  and  in  any  other  case  when  the  said  clerk  may 
[iki'iii  it  expedient. 
;t.  AH  copies  of  tbe  acts  above  referred  to,  so  certified  by  tbo  clerk  of    certified  copies 
he  ['aiiiauiciits,  shall  bo  held  to  bo  duplicate  originals,  aud  also  to  bo  of  acts  to  beheld 
I  niduiice,  as  if  printed  under  the  authority  of  Parliament  by  tbe  Queen's  ^'*.  V®  <luplioate 
!  iirintcr,  of  such  acts  and  of  their  contents.  ongina  a. 

4.  A*  soon  as  practicable  after  tbo  prorogation  of  every  session  of    Bound  copy  of 

Parliament,  the  clerk  of  tbe  Parliaments  shall  obtain  from  tbe  Queen's  statutes  of  Oan- 

liriiiter  a  Kiifficiout  number  of  bound  copies  of  the  statutes  of  Canada  *S^*'  "",•!  fT  n* 

I  [la.'^sed  (lining  such  session  of  Parliament,  and  shall  doliTer  to  tbe  gov-  JJn/y ^certified,'  to 

iiuoi-geiicral  one  copy  duly  certified,  for  transmission  to  one  of  Her  be  delivered '  to 

Jlajesty'ii  pi  iiicii)al  secretaries  of  state,  as  required  by  the  British  North  thegovemor.aud 

Aimriean  a('t,lH67,  together  with  certified  copies  of  all  bills  reserved  J?°™^  ^f'py    *" 

I  tin  the  signification  oftbe  Queen's  pleasure,  and  one  likecopy  of  tbo  said  pr^l_    """K  "' 

[acts  in  the  English  and  French  languages  to  the  registrar-general  of 

[  Canada. 

The  elerk  of  the  Parliaments  shall  also  furnish  certified  copies  of    Certified  copies 
laiiy  of  the  acts  above  mentioned  to  anj  public  oflicer  or  party  applying  of  acts  to  be  fur- 
jfTt  ho  Slime;  aud  upon  all  such  copies  the  said  clerk  of  tbe  Parliaments  "'^!""*  "'>  appli- 
Isbll,  before  delivering  tbe  same  to  such  ofUcer  or  party,  receive  from 
[.Hichparty  a  fee  at  the  rate  often  cents  for  every  hundred  words  in  tbe  ♦ 

Iccrtiiiid  eojiy  and  certificate ;  and  all  sums  so  received  by  him  sball 
jl'oru,  |iart  of  the  contingent  fund  of  tbe  Senate. 

I  ().  All  certified  copies  required  for  tbe  public  service  sball  be  obtained    copies  for  pub- 
Jfroiu  the  clerk  of  the  Parliaments  through  the  secretary  of  state  of  lie  service. 
(Canada. 

I,  The  clerk  of  tbo  Parliaments  shall  insert  at  tbe  foot  of  every  such    Certificate  t«be 
loony  .so  reijiiired  to  be  certified,  a  written  certificate,  duly  signed  and  insertM   at  the 
[aiitliciiiicated  by  him,  to  the  effect  that  it  is  a  true  copy  of  the  act  footofevervcopv 
ll«(d  by  the  I'arliament  of  Canada,  or  by  tbe  logislaturo  of  tbe  late  "^ «' H;?a"ired  to 
jlirdviHce  of  Canada,  or  of  tbe  late  province  of  Upper  Canada  or  Lower  ""^  c«»iiied. 
iCanaca  {as  Ihv  cane  mai/  he)  in  the  session  thereof  liold  in  tbe 
jycar  of  11.  M.  reign,  and  assented  to  in  Her  Majesty's  name,  by  tbe  gov- 
Ymn-jrciu'.rti],  m- (^as  the  case  ma !)  be),  oil  ihe       day  of           ,  or  reserved         •  .■ ' 
Ijiir  tbi)  signification  of  Her  Majesty's  pleasure  thereon,  and  assented  to 
ill)  Ihr  Majesty  in  council,  on  tbo        day  of  .  • 


AN  ACT  relating  to  the  Treaty  of  Washington,  1871. 

(Assented  to  14th  Judo,  1872.) 

WlwrwiH  by  article  thirty-three  of  the  treaty  between  Her  Majesty    ■Pr.amW. 
m  the  Uiutcd  States  of  America,  signed  at  the  city  of  Washin^tcB  on       '^«*°"'"'- 


Ii  r^0 


,!•    « 


iii^ 


1.  Tho  act  of  the  Parlianiont  of  Canada,  passed  in  tlio  thii(yfi«| 
ear  of  Her  Majesty's  loign,  chapter  sixty-one,  intituled  "Anactl 


260  ALLEGED    OUTRAGE   UPON   AMERICAN   FISHERMEN. 

the  eighth  day  of  May,  1871,  it  is  provided  that  articles  eidhtoen  to 
twenty-five,  inclusive,  relating  to  the  Sa^ieries,  shall  take  effect  an  hoc,  i 
as  the  laws  i-equireil  to  carry  them  into  operation  shall  havobeonpasK^ 
by  the  Imperial  Parliament  of  Groat  Britain,  by  the  I'lirliament (i( 
Canada,  and  by  the  legislature  of  Prinoe  Edward's  Island,  on  tht>  om 
hand,  and  by  the  Congress  of  the  United  States  on  tho  otlu  r,  iind  tim 
'■''  '  '  •  such  assent  having  been  given,  the  said  articles  shall  remain  in  forc« 

for  the  term  of  years  mentioned  in  the  said  article  thirty-thtce;  and 
"  wherrtis  it  is  expedient  that  the  laws  required  to  carry  tlie  said  trealv 

into  effect,  as  respects  Canada,  should  be  passed  by  the  Piuliamentol 
tlo  Dominion:  Therefore  Her  Majesty,  by  and  with  the  advice  and 
consent  of  the  Senate  and  House  of  Commons  of  Canada,  ouacts  ai 
follows 
Certain  acts 
BiiBpeuded  B8  re-  yeiiT 

States  v"8'»^o"ls'''^*'P^*'ting  fishing  by  foreign  vessels";  and  the  act  of  tho  said  Parlii! 

and  citizens  en-  mont,  passed  in  the  thirty-third  "year  of  Her  Majesty's  reign,  chaptdl 

paired  In  taking  fifteen,  intituled:  "An  act  to  amend  the  act  respecting  lisliingbvfor.l 

IlHhi'ifn ''■''asts  of  ^'f'"  vessels";  and  the  act  of  tho  said  parliament,  passed  in  tlietiiirty.f 

Quebeo,*'''No'v*a fourth  year  of  Her  Majesty's  reign,  chapter  twenty-three,  intitiileiil 

Scotia,  and  New  "An  act  further  to  amend  the  act  respecting  fishing  by  foreign  vessels", 

BruuBwicli.         aud  the  ninoty-fonrth  chapter  of  the  Kovised  Statutes  of  NovaScotiil 

(third  series),  intituled:  "Of  coast  and  deep-sea  fisheries";  andthel 

act  of  tho  legislature  of  Nova  Scotia,  passed  in  tho  twenty-ninth  yeitl 

of  Her  Majesty's  reign,  chapter  thirty-five,  amending  tho  sameiatij 

the  act  of  the  legislature  of  New  Brunswick,  passed  in  tho  Bixteenljii 

year  o£  Her  Majesty's  reign,  chapter  sixty-nine,  intituled  "Anwl 

,;  relating  to  the  coast  fisheries,  and  for  the  preventing  of  illicit  trade,'! 

so  far  as  the  said  acts  of  the  legislatures  of  Nova  Scotia  and  Ne»l 

Brunswick,  respectively,  apply  to  any  case  to  which  the  said  actsoll 

(be  Parliament  of  Canada  apply,  shall  bo,  and  are  hereby,  snsp 

as  respects  vessels  and  inhabitants  of  tho  United  States  of  Ainerial 

engaged  in  taking  fish  of  every  or  any  kind,  except  shell-lish,  ou  tbtl 

sea-coasts  and  shores,  and  in  the  bays,  harbours,  and  creeks  nftbtj 

provinces  of  Quebec,  Nova  Scotia,  and  New  Brunswick,  as  shall  alMl 

■  all  acts,  laws,  or  regulations  (if  any)  over  which  the  Parliament  ofl 

Canada  has  control,  which  would  in  any  wise  preventer  inipedntliei 

fall  eftect  of  the  said  article  eighteen. 

Fish  and  flsli-     2.  Fish-oil  and  fish  of  all  kinds  (except  fish  of  the  inland  lakes  andl 

oil  from  United  of  the  rivers  falling  into  them,  and  except  fish  preserved  in  oil)l)eiiij| 

statos    nsheries  the  produce  of  the  fisheries  of  the  United  States,  shall  bo  admitted  into  I 

to  be  free.  Canada  free  of  duty. 

Transit    of     3.  Goods,  wares,  and  merchandize  arriving  a',  any  of  tho  ports  ofl 

R">'>  <1»  throujib  Canada,  and  destined  for  the  United  States  of  America,  may  be  ciiteredl 

Canada  in  bond.  ^^  ^y^^  proper  custom-house,  and  conveyed  in  transit,  without  thepajr 

ment  of  duties,  through  Canada,  under  such  rules,  regulations,  aDil| 

conditions  for  the  protection  of  tho  I'evcnuo  as  tho  governor  in  coancil! 

may  from  time  to  time  prescribe;  and  under  like  rules,  regulatiou,! 

and  conditions,  goods,  wares,  and  merchandize  may  bo  conveyed  IjI 

transit,  without  payment  of  duties,  from  the  United  States  tliroiigl| 

Canada,  to  other  places  in  the  United  States,  or  for  exports  from  poitt| 

in  Canada. 

Carriane   of     4.  Citizens  of  the  United  States  may  carry  in  United  States'  vei 

goods  in  tJuitod  without  payment  of  duty,  goods,  wares,  .and  merchandize  from  onepoitl 

from  one  "pa"  "■*"'■  1'1'ico  in'Canada  to  another  port  or  place  in  Canada,  provided  thadj 

Canada    to   an- portion  of  such  transportation  is  made  through  tho  territory  of  tbtj 

other,  condition-  United  States  by  land  carriage,  and  in  bond,  under  such  rules  andrtgl 

"fiy-  ulatious  as  may  be  agreed  upon  between  the  Government  of  ber  Ifrl 

jesty  and  the  Government  of  the  United  States.  I 

When  this  act     .<).  The  foregoing  sections  of  this  act  shall  come  into  force  uponfrMl 

lor 'e  *"""^  '"*"  ""*'  **^®''  *       y  *"  ^^  appointed  for  that  purpose  by  a  proclaraatiosj 

"  ■  based  upon  an  order  of  the  governor  in  council,  and  shall  remain  i«| 

"1  force  during  the  term  of  years  mentioned  in  article  thirty-three  of tkij 

said  treaty. 


ERMEN. 

articles  eightpcn  to 
11  tiiko  effect  as  soon 
lall  have  be«n passed  I 
y  the  rjirliaracm  a; 
'a  Island,  ou  tlii' mr 
1  Ibo  other,  and  tliji 
ihall  remivin  infotc«| 
;lo  thirt.y-thfceiu,, 
carry  tlic  saidtrtaiyl 
l»y  the  I'arliameiiiotl 
^;ith  the  advice  aiKi  I 
f  Canada,  cuaclBii] 

3d  in  the  thirtyfintl 
»,  intituled  "Anactl 
3t  of  the  saidPatlij.! 
josty's  reign,  chaptwl 
eoting  Ushingbvfoi.j 
passed  in  tbetliirtj.) 
nty -three,  intituled; f 
5  by  foreif^n  vessels"; 
ktutimof  NovaScotiil 
I  lishories";  aiidtM 
ho  twenty- ninth  yeir  I 
iding  the  same;  M 
«e«l  in  the  sixteenllil 
),  intituled  "An  utl 
itiug  of  illicit  trade,'! 
ova  Scotia  and  Neil 
liich  the  said  achioll 
iTO  hereby,  snNpendedl 
ed  States  of  Amerial 
icpt  shell-liBh,  ou  the  I 
rs,  and  creeks  ofthtj 
mtiwick,  as  shall  akl 
ph  the  Parliament  oil 
revent  or  imped(itl»| 

the  inland  lakes  audi 
reserved  in  oil)l)eitj| 
diall  beadmittedinl(i| 

any  of  the  ports  ofl 
lerica,  may  be  enteredl 

sit,  without  the  pan 
lies,  regulations,  sdII 
governor  in  conncil 
ve  rules,  regnlationi,! 
may  bo  conveyed  ill 
tiited  States  throngll 
■or  exports  from  poitil 


ALLEGED   OUTRAGE   UPON   AMERICAN  FISHERMEN. 


^61 


Fuited  States'  vl^-^ 
liandizo  from  onepoit: 
nada,  provided  that* 
the  territory  of  tb 
it  such  rules  and  r({- 
vernraont  of  her  Mi- 

into  force  upon  ftml 
ie  by  a  proclaraatiMJ 
and  shall  remain  i«l 
le  thirty-three  of  tM| 


No.  n. 

131  Vict,  Chap,  eo,  &o.,  &.0.1 
DOMINION   OF  CANADA. 
THE  FISHERY  ACTS. 

By  a  proclamation  of  the  governor-general,  dated  October?,  1875,  the  fishery  acts 
Uere  extended  to  Prince  Edward  Island. 

Regulations  of  tlie  governor-general  in  council,  adopted  from  time  to  time  under 
these  acts,  are  i)riuted  separately  for  action  in  the  diti'erent  locali*''i8  to  which  they 
[apply,  after  publication  in  the  Canada  Gazette. 

31  ViCTOUIA. 

Chap.  80.— AN  ACT  for  the  regulation  of  fishing  and  protection  of  fislieries.  .,- 

(Assented  to  SSnd  May,  18C8.) 

Her  Majesty,  by  and  with  the  advice  and  consent  of  the  Senate  and    Preamble. 
[^Houseof  t'omnions  of  Canada,  enacts  as  follows: 

FISHKRY  OFFICERS.  ■     ' 

1.  The  governor  may  appoint  fishery  ofiQcers,  whoso  powers  and  dn-  FisLrry  officers 
I  ties  shall  bo  defined  by  this  act  and  the  regulations  made  under  it,  and  to  be  appointed. 

iy  instrnctions  from  the  department  of  marine  and  fisheries ;  and  every    Fowergauddu- 
[offlcer  so  appointed  under  oath  of  oilice,  and  instructed  to  exercise  ties. 
[magisterial  powers,  shall  be  ex-officio  a  justice  of  the  peace  for  all  the 
jpurpoBes  of  this  act  and  the  regulations  made  under  it,  within  the 
[limits  for  which  he  is  appointed  to  act  as  such  fishery  officer. 

2.  Each  fishery  ofiicer  shall  take  and  subscribe  the  following  oath  :       Oath  of  office. 
"1,A.  B.,  a  fishery  officer  in  and  for  the  district  described  in  my    Form. 

[appoiufnieiit,  do  solemnly  swearthat  to  the  best  of  my  judgment  I  will 
IfaitLfully,  honestly,  and  impartially  .fulfil,  execute,  and  perform  the 
j  office  and  duty  of  such  officer,  according  to  the*  true  intent  and  mean- 
[iug  of  the  fisheries  act  and  regulations,  and  in  accordance  with  my  io- 
Istructions.    So  hel^i  me  God."  t     :  v. 

FISHERY  LKASES  AND  LICEN8EB. 

2.  The  minister  of  marine  and  fisheries  may,  where  the  exclusive    Fishery  leaars 
[light  of  lisbing  does  not  already  exist  by  law.  issue  or  authorize  to  be  f"^    moro^*'tliau 
lissued  fishery  leases  and  licenses  for  fisheries  and  fishing  wheresoever  nine  years. 
Isitiiated  or  carried  on  ;  but  leases  or  licenses  for  any  term  exceeding 
jnine  years  shall  be  issued  only  under  authority  of  an  order  of  the  gov- 
'«ruur  in  couucil. 

DEEP-SEA  FI8HERIK8. 

^^  3.  Every  subject  of  Her  Majesty  may  use  vacant  public  property.     As  to  right  to 
•esseli.^B'"'''!  *"  yy  ^'^y^  '"  common  and  accessory  to  public  rights  of  fishery  and  nsevacantpublic 


lavigation,  for  the  purposes  of  landing,  salting,  curing,  and  tliyi"g  CSolcMuld 
Dsh,  nnu  niiiy  cut  wood  thereon  for  such  purposes,  and  no  other  person  a»  to  taking  bait, 
palloccnpy  the  same  station,  unless  it  shall  have  been  abandoned  by  &c. 
Bhe  first  occupant  for  twelve  consecutive  months  ;  and  at  the  expira- 
Jtioii  of  that  iieriod  any  new  occupier  shall  pay  the  value  of  flakes  and  ■        : 

Ist.iKcs,  and  other  ])roiterty  thereon  of  which  he  may  take  possession,  ^ 

■<ir  the  bnildiugs  and  improvements  may  be  removed  by  the  original 
owner;  and  all  subjects  of  Her  Mnjesty  may  take  bait  or  fish  in  any  of    Proviso. 
[•lie  hai'hors  or  roadsteads,   creeks  or  rivers,  subject  always,  and  in  i^^  ■ 

|very  case,  to  the  provisions  of  this  act  as  affects  the  leasing  or 
flici'iising  of  fisheries  and  fishing  stations;  but  no  property  leased  or 
P'Cfiised  shall  be  deemed  vacant. 


COI»  FISHERY. 

4.  No  one  shall  use  mackerel,  herring,  or  caplia  seines  for  taking    Neta  for  taking 
whsh,  and  no  codfish  seine  shall  bo  of  a  less  sized  mesh  than  four  cod. 


262 


ALLEGED   OUTRAGE   UPON   AMERICAN    FISHERMEN. 


iucheij  iu  cxtonsion  iu  the  urius,  atul  tlireo  incbes  iu  the  bnut  or  liottoin 
of  the  seiue. 


WHALE  FI8HKRY. 


Whalen,  &.r,.,  5.  Whales,  schIh,  and  porpoises  shall  not  be  hnnted  or  killed  by 
notto  bo  killed  by  moiins  of  rockets,  explosive  intruiueuts,  or  shells,  undora  penalty  not  tx- 
"'p^,f*!i/I! "''**"'■  <"**ling  three  hundred  dollars,  or  at  least  three  months,  und  not  ex- 


Puualty. 


ceediug  six  months,  imprisonment  in  default  of  payment. 


SEAL  FISIIKUY. 


Seaentary  flsh-     6.  During  the  time  of  fishing  forse-'.ls  no  one  shall,  with  boat  or  ves- 
turbed"^"  "*    "  ^*^''  J^'iowiugly  or  wilfully,  disturb,  impede  or  injure  any  sedtMitury  neil 
lishery,  nor  prevent,  hinder,  or  frighten  the  >  lioals  of  seals  coiiiinc;  im,. 
Penalty.  such  lishery,  under  a  penalty  not  to  exceed  sixty  dollars  for  each  of- 

fense, or  imprisonment  in  default  of  payment  notexceeding  one,  moiitli; 
the  defendant,  being  also  liable  for  damages,  to  bo  adjudged  liy  any 
fishery  olHcer  or  other  mag'strato  before  whom  the  injured  party  may 
complain. 
I'I'jP"te8  as  to  a.  Disputes  between  occnpierp  of  seal  fisheries  concerning  limits  and 
how  settleiT""''  ^^^  mode  of  fishing  or  sotting  nets  shall  be  deculed  summarily  by  any 
fishery  oflScer  or  other  magiscrato,  on  the  report  of  arbitrators,  anil  any 
(lamages  assessed  or  accrued,  or  that  may  afterwards  arise  ont  of  a 
repetition  or  continuance  of  the  ditficulty  ordered  to  be  remedied,  may 
be  levied  under  the  warrant  of  any  fishery  oflicer  or  other  magistrate. 


SALMON  FISHERY. 

Close  season  for     7.  Salmon  shall  not  be  fished  for,  caught,  or  killed  between  the 
salmon.  thirty-first  day  of  July  and  the  first  day  of  May,  in  the  provinces  of  On- 

tario and  Quebec,  and  in  the  River  Restigouche,  and  between  the  fif- 
teenth day  of  August  and  the  first  day  ofMarch  in  the  proviucoofNon 
Proviso  as  to  Brunswick :  Provided  always,  That  it  shall  be  lawful  to  fish  for,  catcli, 
flj^BurJace   Jisb-  j^j^^  jjjjj  gaimon  with  a  rod  and  line,  in  manner  known  as  fly-surface 
fishing,  between  the  thirtieth  dajr  of  April  and  the  thirty-first  day  of 
August,  in  the  provinces  of  Ontario  and  Quebec,  and  between  tbntirst 
day  of  March  and  the  fifteenth  day  of  September,  iu  the  province  of 
New  Brunswick. 
In  Nova  Scotia,     g    Salmon  shall  not  be  fished  for,  caught,  or  killed  iu  the  province  of 
Nova  Scotia,  save  as  provided  and  authorized  by  the  laws  now  in  force 
in  that  province. 
Fonl  salmon.        a.  Foul  or  unclean  salmon  shall  not  be  at  any  time  caught  or  killeil, 
Fry,   parr,  or     4.  Saluion  fry,  parr,  and  smolt  shall  not  be  at  any  time  iishcd  for, 
Mttd  "***  *"  ^^  caught,  or  killed,  and  no  salmon  or  grilse  of  less  weight  than  tbree 
pounds  shall  be  caught  or  killed ;  but  where  caught  by  accident  in  uet» 
lawfully  used  for  other  fish  they  shall  be  liberated  alive  at  the  fiostaud 
risk  of  the  owner  of  the  fishery,  on  whom  shall  in  every  case  devolve 
the  proof  of  such  actual  liberation. 
Size  of  meshes     5.  Meshes  of  nets  used  for  capturing  salmon  shall  be  at  least  five  inches 
of  salmon  nets.    j,j  extension,  and  nothing  shall  be  done  to  practically  diminish  or  nullify 
their  size. 
Use  of  nets  rog-     6.  The  use  of  nets  or  other  apparatus  which  capture  salmon,  shall, 
uiated.  except  iu  the  provinces  of  Nova  Scotia  and  New  Brunswick,  be  con- 

fined to  tidal  waters,  and  any  fishery  oflicer  may  determine  the  lenglli 
.  and  place  of  each  net  or  other  apparatus  used  in  any  of  the  watersol 

oiita°rIoTc?*       the  Dominion  :  Proi-ideei,  That  nothing  contained  in  this  section  shall 
'      '        prevent  the  use  of  nets  for  catching  salmon  in  the  lakes  of  the  province 
of  Ontario,  nor  preclude  the  minister  from  authorizing,  by  special  fishery 
licenses  or  leases,  the  capture  of  salmon  by  nets  in  fresh-water  streams 
Boundaries  of     7,  The  minister,  or  any  fishery  officer  authorized  to  such  effect,  shall 
be'del'ln'ed^'l^en"  l^^ve  power  to  define  the  tidal  boundary  of  estuary  fishing  lor  the  pur- 
alty  for  iishing  Poses  of  this  act ;  and  above  the  actual  limit  so  to  belaid  down  it  shal 
above  limits,  ex-  be  unlawful,  without  the  special  fishery  lease  or  license  above  provided 
cent  with  a  rod  for,  to  fish  for  salmon,  except  with  a  rod  and  lino,  in  the  manner  Isnown 
and  line,  &c..        j^^  fly.gnrface  fishing,  under  a  penalty  not  to  exceed  one  hundreddol- ; 
lars,  and  imprisonment  in  default  of  payment  for  any  term  not  esceea- , 
ing  two  months. 
Distance  of     8.  All  nets,  or  other  lawful  appliances  which  capture  salmon,  sW 
nets  apart,  &c.     be  placed  at  distances  of  not  less  than  two  hundred  and  fifty  yarffl 


ALLEGED    OUTRAGE    UPON    AMERICAN   FISHERMEN. 


263 


Further  d  1  a  - 
taiii'omay  bepro- 
RcHbRd. 

rroviso. 

AHt<i8]>awuing 
rivoiH. 


Moduorkilliiif; 
at  certain  placuit. 


Salmon  bpawn. 


,„)  without  iiitonuodiiite  fiHliiiijj  iiiiili  ri.ils  of  any  kind  lioiiif;  sol,  or 
i,,e(l  111  iiiid  iibout  auy  other  part  of  iLe  Htri'iuu,  and  drifting  for  huI- 

„,„„  shall  Ix'illeK'il-  . 

1),  Aiiv  fiHliery  orticer  may  prescribo  »Mtlicr  in  writing  or  orally  on 
jijtiit  if  •lt;«ii'i''l '"'"♦'ssary,  a  further  distance  apart  to  lio  left  lietwecni 
»alii:oii  nets,  or  otlior  tishing  apparatiiH,  and  their  dinunsiouB  and  <,'x- 
tfiisidii;  l>iit  gill  or  Hoat  netH  mIuiH  not  l>e  used  to  lengthen,  extend,  or 
rtilame'aiiy  other  kind  of  fishery. 

Ill,  No  salmon  shall  be  captured  within  two  hundred  yards  of  the 
niouili  of  any  tributary,  creek,  or  stream  which  salmon  fiequent  to 

II.  Kxccpt  in  the  manner  known  as  lly-Hurfacc  fishing  with  a  rod  and 
line  salmon  shall  not  be  fished  for,  caught,  or  killed  at  any  artiiicial 
pass  or  salmon  leap,  nor  in  any  pool  whore  salmon  sjiawn. 

It  Except  under  the  authority  and  fiir  the  special  purpose  jirovided 
for  ill  this  act,  no  one  shall  take,  buy,  sell,  destroy,  use,  or  possess  any 
isaluioii  roe,  nor  injure  any  spawning-bed. 

LAKE  AND  RIVER  TROUT  FISHERY.  ';        V,>.        -i/ 

8.  It  shall  not  be  lawful  to  fish  for,  catch,  or  kill  any  kind  of  trou'i    Not  to  be  killed 
(or  "lunge")  in  any  way  whatever  between  the  first  <lay  of  Octobei '»  <'ortBiu  wayH 

iamltbelirst  day  of  January ;  and  no  one  shall  at  any  time  fish  for,  g"„g„ ",    •'•"■'"'° 
cattli,  or  kill  trout  by  other  means  than  angling  by  hand  with  hook 
awl liiii',  in  any  inland  lake,  river,  or  stream,  except  in  tidal  waters: 

\Frorided  always.  That  as  artecting  the  waters  of  the  province  of  On- 
tario bucIi  prohibitiona  shall  apply  «)nly  to  the  kind  known  as  "  speckled 

I  tvoiit." 
2,  Nothing  iuthe  above  clause  shall  prevent  the  use  of  small -sized    ^ 

I  trout  for  the  honafide  purpose  of  baiting  traps,  nor  uftect  the  taking  to'flVh'^uscd'  ivlr 
m\  lining  the  same  by  fishermen  as  bait  for  codfishing  in  tidal  waters,  l»ail,  Aio. 

I  uiir  subject  them  to  penalty  if  by  accident  in  ioHa-/dt-  fishing  for  her-         ^       ,      ,. 

iriugHor  white-flsh  by  means  of  nets  trout  shall  become  inclosed  or         ',      ';;''',. 

[taken.  '   ,    ;  ■,.     >■  ■  ,/,■.; 

WHITE-FISH  AND  SALMON  TROUT  FISHERY.  » 

9.  It  shall  not  be  lawful  to  fish  for  or  catch  white-fish  in  any  manner   c]oRe  seasonfor 
I  between  the  nineteenth  day  of  Novombet  and  the  first  day  of  December,  wbitc-lisb. 

nor  by  means  of  any  kind  of  seine,  between  the  thirtieth  day  of  May 
aud  tiie  first  day  of  August,  in  the  province  of  Ontario,  or  between  the 

I  tbirtj'-lii'st  day  of  July  aud  the  first  day  of  December  in  the  province  of 

[Quebec,  nor  shall  the  fry  of  the  same  bo  at  any  time  destroyed. 

2.  Gill  nets  for  catching  salmon  trout  or  white-fish  shall  have  meshes    Gillnet^. 

[of  at  Icfist  five  iuches  extension  measure,  and  gill  nets  wifl  not  beset  v" 

I  K'itbin  two  ndles  of  any  seining  ground. 

3.  Seines  for  catching  white-fish  shall  have  meshes  of  not  loss  than     Seines, 
tfour  inches  extension  measure. 


Proviso. 
Speckled  trout. 

Exceptions   as 


BASS  AND  PICKEREL  FISHERY. 

10,  Close  seasons  for  bass,  pike,  pickerel  (dort%),  maskinong<5,  and     Close  season. 
lotber  fish,  may  be  fixed  by  the  governor  in  council  to  suit  diilereut 

[localities. 

POSSESSION  OF  FISH. 

11.  No  one  shall,  without  lawful  excuse,  theproof  of  which  shall  de-    Piobibition  to 
iyolve  wholly  on  the  party  charged,  buy,  sell  or  possess  auy  fihh  named  buy,  sell,  or  bave 
liii  this  act,  or  parts  thereof,  caught  or  killed  during  seasons  when  and  •"  "'"»'*  seaHon. 
|l)y  means  whereof  catching  or  killing  the  same  is  prohibited  by  law. 

'f  It  shall  bo  the  duty  of  every  customs  officer,  excise  officer,  police    Certain  offlcers 
lofficer  or  constable,  clerk  of  a  market,  or  other  party  in  charge  of  any  to  seize  ttsb  ex- 
Tinarket  place  in  any  village,  town,  or  city,  to  seize  aud  forfeit  on  view  ?<'>*♦'•'  f"""  sale  in 
[to  his  own  proper  use,  or  gift,  any  fish  enumerated  iu  this  act,  caught  ^       season. 
^killed  during  prohibited  seasons.or  which  appears  to  have  been  killed 
Piy  unlawful  means ;  but  every  such  seizure  and  appropriation,  with  the      .   ^     no  tth 
gate,  place,  aud  circumstance  thereof,  shall  be  duly  reported,  together  game.  "P^""  *"* 
Tiith  the  name,  residence,  and  calling  of  the  person  in  whose  possession 
Mb  fish  wasfojand,  to  the  fishery  officer  having  jurisdiction  over  the 
Bibtrict  within  which  sucU  seizure,  fo.feiture,  and  appropriation  have 
aken  place. 


M't-*"^- 


264 


ALLEGED   OUTRAGE    UPON    AMERICAN   FISHERMEN. 


To  t)«  rnailit 
wtutre  and  in 
■iinli  miuiiier  aw 
tiHhery  o  111  c  «  r 
iiiay  (let«i'iiiiu«. 


Penalty  for  con- 
travention. 

Tobekeptopon, 


Minlgtor  may 
pay  one-bait'  the 
cost. 

May  couRtnict 
and  recover  tUe 
cost  In  certain 
oasea. 


Not  to  be  ob- 
structed ur  in- 
jured. 


CONHTIIUCTION   «»l'   KISUW.WH. 

12.  Every  daiii,  ulidc,  or  other  oljHtriielioii  iu;roH«  or  in  any  utrejcii  I 
wli«'ic  tlio  iiiinistor  may  «U<teruiiiio  it  to  bo  iu)c»<8.sury  for  thti  jMiblit 
liitereot  tliut  a  liHli-paHH  hIiouUI  oxittt,  Hliall  bo  providod  by  tlu>  owneror 
occupier  witli  a  durablo  and  ofllcieiit  (lnhway,  to  bo  niaintiiinid  in  pi^.. 
tical  and  ertoctive  condition,  in  whatever  j)hico  and  of  wlnitcvtrl'iini)  I 
and  cajiacity  will  admit  of  the  ])aHsagc  of  tinh  through  the  huiiic (which 
place,  form,  and  capacity  any  fmhery  ofllcer  may  by  written  not  ice  dt- 
tormiiie),  niidor  penalty  of  fonr  doUarH  for  each  day  (liuinj;  which  any 
such  obBtructiou  remainH  unprovided  with  a  lishway,  after  three  davn' 
notice  in  writing  to  the  owner  or  occupier  thereof: 

2.  rishwayH  shall  bo  kept  open  and  nnolmtructed  and  he  »iii)pli(^  | 
with  a  HulHcient  quantity  of  water  to  fulfill  the  purposes  of  tluH  Hiiatt- 
ment,  during  such  times  as  may  bo  required  by  any  fishery  ollicer; 

;j.  The  minister  nuiy  authorize  the  payment  of  one-half  ot  the  expensei 
incurred  by  such  owner  or  occnpier  Dn  constructing  and  niaintaiuiDg 
any  fishway ; 

4.  Should  it  be  expedient  to  procure  the  construction  of  any  lishway 
pending  proceedings  against  any  owner  or  occupier  for  the  penalty 
imposed  by  this  act,  the  minister  may  give  directions  to  make  and  con!- 
ploto  the  same  forthwith,  and  to  enter  upon  the  premises  with  theuec- 
essary  workmen,  means,  and  materials,  and  may  recover  from  tlieowmt 
or  occupier  the  whole  expense  so  incurred  by  action  before  any  coraiie- 
tent  tribunal; 

5,  No  person  shall  injure  or  ob.struqt  any  Hshway,  nor  do  any  thing  to  ] 
deter  or  hinder  lish  from  entering  and  ascending  or  descending  ibenmiie, 
uor  injure  or  obstruct  any  authorized  barrier. 


OENERAI,   PROHIBITIONS. 


1^ 


■IV' 


Penalty  for  fi8h- 
ng  in  1  i  ni  i  t  M 
leased  to  another. 


Kip:bt  of  leasee, 

ato. 


Proviso:  as  to 
takiuK  bait  for 
anKliug. 


Navigation  not 
to  be  obstructed. 


Stakes  to  be  ro- 
moved. 


Main  channels 
not  to  bu  ob- 
stractud. 


Proviso:  as  to 
eel  fishing. 


No  net,  Ac,  to 
obstrnct  entirely 
tbe  passage  of 
fish. 

Kilhug  fisb  nt 
certain  places 
forbidden. 


13.  Whosoever  fishes  for,  takes,  catches  or  kills  fist  in  any  water, 
or  alontr  any  beach,  or  within  any  lishery  limits  described  in  any  lean  I 
or  li'        t>,  or  places,  uses,  draws  or  sets  therein  any  tishiii;i;  ^'earor 
appai      IS,  except  by  permission  of  the  occupant  under  such  lease  or  I 
license  for  the  time  being,  or  disturbs  or  injures  any  fishery,  shall  incur  I 
a  penalty  not  exceeding  oiu;  hundred  dollars  with  costs,  or  iinprinon-l 
ment  not  excieeding  two  months,  and  the  forfeiture  of  Hshing  appsratni  I 
80  used,  and  all  tish  taken  or  caught ;  and  any  fishery  officer  or  any  sncli  I 
lessee  or  licensee  may,  upon  his  own  view,  forthwith  seize  and  remove  I 
any  net  o;- apparatus  so  used  in  treapjiss,  to  be  afterwards  dealt  with  I 
according  to  law  ;  provided  always,  that  the  occupation  of  any  fishing  I 
station  or  waters  so  leased  or  licensed  for  the  express  purpose  of  mi  j 
fishing  shall  not  interfere  with  the  taking  of  bait  used  for  codflsbiug, 
uor  piovent  angling  for  other  purposes  than  those  of  trade  audconi- 
mercd. 

2.  Seines,  nets,  or  other  fishing  apjiaratus  shall  not  be  set  in  such  amao- 
ner  or  in  such  places  as  to  obstruct  the  navigation  with  boats  and  vessels,  I 
and  no  boats  or  vessels  shall  be  permitted  to  destroy  or  wantonly  injure  j 
in  my  way  any  seines,  nets,  or  fiwhing  apjiaratus  lawfully  set; 

'i.  Stakes  or  other  timber  placed  for  fishing  purposes  in  any  ffalal 
eball  be  removed  by  the  user  within  forty-eight  hours  after  lastnsingj 
the  same,  Of  at  the  expiry  of  the  fishing  season  ; 

4.  'Die  main  channel  or  course  of  any  stream  shall  not  be  olmtnictedl 
by  any  nets  or  other  fishing  apparatus;  and  one-third  of  the  comwiofj 
any  rher  or  stream,  and  not  less  than  two-thirds  of  the  main  cliaunel  i 
at  low  tide  in  every  tidal  stream,  shall  always  be  left  open,  and  no  kiodl 
of  fishing  apparatus  or  materials  shall  be  used  or  placed  therein;  pro-l 
vided,  tiiat  weirs  used  exclusively  for  catching  eels,  and  theusageofi 
mill- damn  for  catching  eels,  shall  bo  subject  to  interference  only  in  cawl 
where,  and  at  times  when,  they  injure  other  fisheries,  or  by  conipleteljj 
barring  any  passage  shall  deprive  other  weirs  of  a  sliare  in  tlionmofj 
eels,  and  such  place,  time,  and  circumstances  may  be  determined  by  I 
Jiiiy  fishery  officer.  I 

5.  No  not  or  other  device  shall  be  so  used  as  entirely  to  obstrnct  thj| 
passage  of  fish  to  and  from  any  of  the  waters  of  the  Dominion  by  a 
of  the  ordinary  channels  connecting  such  waters,  or  debar  their  pasmp I 
to  and  from  accustomed  resorts  for  spawning  and  increasilig  theirsppcia; I 

(5.  The  catching,  killing,  or  molesting  offish  when  passing  or  atterajit- 1 
iug  to  pass  through  any  fishway,  or  fisb-paas,  or  in  BurmountiDgMfj 


ALLEGED    OUTRAOE    UPON    AMERICAN    FI8HERMKN. 


265 


iJuIimIb  or  If.'ipM,  tlio  iiHo  ufmiy  iuveiitioti  to  cutcli,  kill,  or  inoloHt  HhIi 
liiitlw  mill-i«<"Kl8  and  watcr-tioiirm-s  npitnrtoiiaiit  thereto,  are  hereby 

7.  BuL'-iK'l**  aiul  trap-nets  and  I'mh-ponndM  are  prohibited,  except 
F  li^f  i,poci;il  liceiiHeH  tor  capturing  deep-Hea  tinlieH  othi^r  tiian  Hulnion  ; 
H,  ItHliiiU  i:(it  l)o  lawful  to  UhIi  for,  catcli  or  kill  Halinon,  trout  (or 
iiinei'")"'  ""y  kin<l,  !naHkinou^o,  \vinn(>ni(dio,i*iiHH,  liar-liHli,  pickerel, 
Lhitflisl".  iH'rnnK,  or  hIiiuI,  by  uu-aim  of  Hi)car,  grapnel  liookH,  wmtn, 
liir  iiiHliiiK""*''  piovided,  the  ndnJHter  niuy  appropriate  and  iiceuHti  or 
llfaiteeeittiiti  waterH  in  which  certain  IndiauN  may  be  allowed  to  catch 
'inlifiir  tlii'ii'  own  use  in  and  at  whatever  nninner  and  time  are  Hpecilled 
liii tbo  li<iiiiKe  or  leaHO,  and  nn.y  juirmit  Hpearin*^  in  certain  localitien; 

9.  N'd  person  whall  liwh  for,  catch,  kill,  buy,  hi. I,  «>r  poHseHH  the  younjf 
tof  auv  li^l>  iiiiincd  in  t  Iuh  act,  or  in  any  re^nlatiou  or  regulatio>?N  nniler  i  t ; 
til.  St'iiH^H  for  bar-tiuh  shall  have  meoheH  of  not  Ichh  than  three  iucheH, 
Itxteuninii  inoaMiire ; 

11,  Fisliory  ollicers  may  deternfine  or  proscribe  the  distance  between 
limlmiid  every  lislnsry,  and  shall  forthwith  remove  any  lishery  which 
Itlieowni'r  iicj^lects  or  roVtises  to  remove,  and  such  owner  shall  bo,  more- 
lover,  lialtlx  tor  a  breach  of  this  act,  tuid  for  the  cost  and  damaj^es  of 
|ii'iiii)viii){ the  .same; 

!<!.  Evi'ry  fascine  fishery,  with  a  box-trap  {coffrt)  instead  of  jionnd, 
:ill  have,  acrosstbe  ontsi<le  end  of  snch  box  (co^'re)  a  wire  coviM'ing  or 
Hiiitwoik,  the  meshes  of  which  shall  be  at  least  one  inch  sfpiare  ;  but 
IthisHbaii  not  ai>itly  to  eel  wires  during  autnmn  ; 

IX  NctH  or  other  fishing  apparattis  shall  not  be  so  used  as  to  impede 
<ir(liverttlit course  of  lisli  in  any  sniall  rivers; 

14.  From  the  time  of  low  water  nearest  six  of  the  clock  in  the  even- 

lii)}!  on  every  Saturday  to  the  time  of  low  water  nearest  six  of  the  clock 

liii  the  inoriiini;  on  every  Monday,  in  tidal  waters,  and  from  six  of  the 

\lo(:k  in  the  evening  on  every  Saturday  to  six  of  the  clock  in  the  niorn- 

piigofthofollowingMouday,  in  fresh  water,  seines,  nets,  or  other  appa- 

fcmsu.sed  lor  catching  fish  shall  be  so  raised  or  adapted  as  to  admit  of 

Ihe  free  paHsage  of  fish  through,  past,  or  ontof  the  same,  for  the  pur- 

Wof  aflordiiig  a  free  pass  Irom  six  of  the  clock  on  every  Saturday 

jviMiing  to  nix  of  the  clock  on  every  follo^«'inii,  Monday  morning;  and 

diiriii;!  ihiHcloBo  time  it  shall  be  nnlawful  to  catch  fish  by  sneli  means; 

■uil  iiiiy  li.sh  so  taken,  caught  or  killed,  together  with  the  nets  ot  other 

ipparatiiH  used,  shall  be  forfeited,  iu  addition  to  the  penalties  imposed 

Irtliisaet. 


Certain    n  e  t  • 
forbiildi'ii. 

FIhIi  not  to  lio 
kilUsil  in  certain 

W11.VB. 


Proviso: 
IiiilianH. 


IIH    to 


Yiiiinc  of  HhIi 
not.  to  lui  tukiiu. 

S«inoii  fur  bar- 
tlHh. 

Distance    be- 
tween tlitUerieB. 


FnHcino   fialt 
eriitH   witb    box- 
trupH. 


Nets,  See,  iu 
Hniall  rivorH. 

Fish  to  1)6  al- 
lowed free  pas- 
MB^u  on  Sanuay. 


Ami  forfeited  if 
then  taken. 


IX.IL'UIKS  TO   FISHING  GROUNDS  AND  POLLUTION   OF  RIVERS. 


It,  Whoever  throws  overboard  ballast,  coal,  ashes,  stones,  or  other 

kwjudieiul  or  deleterious  substances,  in  any  river,  harbouror  roadstead, 

|r  any  water  where  tishiug  is  carried  on,  or  throws  overboard  or  hits 

"  upon  any  tishing  bank  or  ground,  or  leaves  or  deposits  or  causes 

)  lie  thrown,  left,  or  deposited  ui)on  the  shore,  beach,  or  bank  of  any 

jtater,  or  upon  the  boach  between  high  and  low  water  mark,  inside  of 

Inj  tuhil  estuary,  or  within  two  huiulred.  yards  of  the  mouth  of  any 

Vlnioa  river,  remains  or  ofl'als  of  fish,  or  of  marine  animals,  or  leavee 

|l*ayi'(l  or  decaying  lish  in  any  net  or  other  tishing  apparatus,  shall 

piirforany  such  otfense  a  line  not  exceeding  one  hundred  dollars,  or 

piirisonnient  for  not  more  than  two  months  ;  and  every  person  so  doing, 

phetliernia.ster  or  servant,  and  the  master  or  owner  of  any  vessel  or 

loatlnnn  which  snch  ballast  or  oifals  or  other  prejudicial  substance 

be  tlirowii,  shall  severally  become  liable  for  each  oii'euso  ;  provided, 

Fays,  that  it  siiall   bo  lawful  to  bury  such  remains  or  ofl'als  ashore, 

fcyoiiii  high- water  mark,  and  at  establishments  situated  insitlo  of  the 

watbsnt'  rivers  for  carrying  on  deep-sea  lisheries,  to  drop  the  same 

ktoiieiforated  boxes  or  inclosures  built  npou  the  beach,  oruudei  stage- 

™l8,  iu.such  mannei' as  to  prevent  the  same  from  boiug  floated  or 

Ifiltiil  into  the  streams,  or  to  dispose  of  them  jn  such  other  uiauuer  aa 

lay  Iju  prescribed  by  any  fishery  ottiner ; 

yl  Utile,  chemical  snbstances  or  drugs,  poisonous  matter  (liquid  or 
fiiil),  dead  or  decaying  iish,  or  any  other  deleterious  substance,  shall 
jot  be  drawn  into,  or  allowed  to  pass  into,  be  left  or  remain  in  any 
later  t're(|ueiited  by  any  of  the  kinds  ot  fish  mentioned  in  this  act ; 
pidswdnHtor  mill-rubbish  shall  not  be  drifted  or  thrown  into  any 
jlream  tiequeuted  by  fish,  under  a  penalty  not  exceeding  one  hundred 


r  o  n  a  1 1  y  for 
throwing  over- 
board v-v  r  t  a  i  n 
substances  preju 
dicial  to  tiiiberies. 


Proviso:  as  to 
the  dispoaal  of 
oU'ul. 


Poisonons  snl)- 
stances  not  to  be 
iiseU. 


Mill-rubbish, 
tjawduat. 


26G 


ALLEGED   OUTRAGE   UPON   AMERICAN   FISHERMEN 


I'mvlw) :  nilli 
lHl(<r  iiinvuxuiiipt 
Bliy  Htroitiii,  ic. 


P  ••  M  H  I  f  y  fi>r 
hliiilliiiiK  tli'im  ill 
I'fi'luin  pliiOKN  at 
i!iiiiaiii  tiiutta. 


TrovlHO:  an  to 
burning  fur  c.lDur- 
uuce. 


WatorB  mny  li« 
ii»t  U|utrt  lor  tlio 
pr<>|iaf;Hti(iu  u  I' 
IIkI). 


Penalty  for 
trugpitHH. 

LinenseHtotake 
spawu,  &c. 


Fishery  lesgees 
iu  uiritara. 


Spocial  licenneg 
fur  oyster  beiU. 


Miniflter  m  a  y 
expiind  Parliiv- 
niuntJtrY  K  run  t 
fur  making  or  re- 
HlookiuK  oyster 
budH. 


Protection    of 
oyntei  beds. 


Penalty  for  in- 
Jurini;  tbeni. 


Shell  anb   flgh- 
erieu. 


<li>lliU'H  :  I'rorUitl  aliviijiH,  Tliat  thi^  iiiiiiiHter  hIiiiII  1lilVl^  (lowtr  l<>i'\i.r,||,| 
fVoiii  till)  opiMitMoii  III  tliiN  Hiili-Niictioii,  wholly  or  t'roiii  luiv  |Hiriiijn«f 
Mil)  Hikiiii),  any  Htreain  orHlrDiinm  In  wliii!!t  ho  coiiHidDrH  lliul  lUitiifdtiv. 
iiioiit  In  lint  i'()i|uiHito  for  tlii)  piihlio  inturtmt. 

:<■  WlioDViT  lit  any  tiino  liotwoen  tho  lirNt  dity  orjiiiu)  iinil  thctliir.  I 
tioth «lay  of  Hi'jit«)ml»or,orany  yoar,  kindles,  niakcHor  plancH  any  tiri'innt  1 
ni)ar  any  wood,  troisH,  brushwood,  or  any  wild  or  nnciiltivaliii  Imiil  «( 
any  niaiu)  north  of  tho  UivtM-  or  (Inlf  of  St.  Ijawnmro,  to  ihc  liuiotl 
north  of  ilio  Haj{iionay  Kivor,  or  any  i>f  tho  iHlands  In-low  m  tiiilnl 
«a.stward  of  Rod  Island,  within  tho  said  river  or  K'll'i  wlit-nliy  thfiit« 
Biircads  or  extends  throiif^li  standing;  trous,  hnisiiwood  or  mithIi,  i(j|| 
distance  oxcoodin^  one  arjieut,  shall  for  such  oll'ence  inciii' a  ptMialiTl 
not  exceodiiiK  IH'ty  dollars,  and   shall    besides   be  resiioiisiliji;  to  (U 
C!i-own,  or  whoever  may  lie  theownerof  the  laud,  for  all  damaircsmf^ 
sioned  by  such  lire  :  I'roridmi,  That  nothing  herein  eontuiniilshuHprr. 
vent  ]iroprietors  or  those  having  licenses  to  cut  timber  or  wooil,  from 
burning  the  wood,  trees  or  briishwoiul  on  their  Uivn  land,  oroMii:rwiw 
usinu  lire  to  clear  thoir  lauds   without  injury  or  prejudice  tu  their  | 
neijjubors. 

MISCELLAXROUS  PROVISIONS. 

15.  The  minister  may  authorise  to  be  set  apart,  and  to  bo  leased,  mj  I 
river  or  other  water  for  the  natural  or  artihcial  propanatioii  u(  y';! 
and  any  person  who  willfully  destroys  or  injures  any  placcset  aparldrl 
used  for  the  propagation  of  iish,  or  fishes  therein  without  writt«a|ii't'| 
mission  from  a  lishery  officer,  or  from  the  holder  under  lease  or  licfiw, 
or  uses  therein  any  tishing  light  or  other  implement  for  iisliin;,',  (liiriu'l 
the  jieriod  for  which  such  waters  are  sot  apart,  shall  incur  a  tine  n 
exceeding  two  hundred  dollars,  or  iu  default  of  payiuout,  slia'l  Wiinl 
prisoned  for  not  more  than  four  months: 

2.  Nothing  contained  in  this  act  shall  preclude  the  gruntiiij^byihel 
minister  of  written  permis.sion  to  obtain  fish  and  fish  spawim,  fori 
poses  of  stocking  or  artificial  breeding,  or  for  scientific  purposun; 

3.  Lessees  or  licensees  of  fisheries  shall  have  no  claim  to  renew. il  of  I 
leases  or  licenses,  if  in  arrears  of  rent  or  percentage  during  loiinmniilu  [ 
after  tho  same  is  due,  and  any  lessee  or  licensee  convicted  of  an  iul'nic- 
tion  of  this  act,  or  any  regulatiou  or  regulations  under  it,  sliiill  bo  liable  | 
to  forfeit  his  lease  or  license  ; 

4.  Special  licenses  and  leases  for  any  term  of  years  may  be  granted  I 
to  any  party  or  parties  who  may  wish  to  plant  or  form  oyster  bedsio  I 
any  of  tho  bays,  inlets,  harbours,  creeks  or  rivers,  or  between  imyoll 
tho  islands  on  tho  coast  of  Canada;  and  the  holder  of  any  hiuiIi  \m\ 
or  license  shall  have  the  exclusive  right  to  oysters  produced  or  foiiiid  I 
on  tho  beds,  within  the  limits  of  such  license,  for  the  term  of  biicIi| 
lease ; 

5.  The  minister  may  authorize  to  be  expended  annually  any  mm  .ippw  I 
priated  by  Parliament  for  the  formation  of  oyster  beds  iu  various  wattu  I 
and  places  found  adapted  for  that  purpose,  and  transplanting  oyitt«n,  I 
and  towards  restocking  exhausted  fisheries  by  natural  or  artiticiiii 
means,  and  t«  improve  streams  where  natural  obstructiouH  exist,  and  I 
may  authorize  the  construction,  erection  or  placing  of  any  iirtirieiilj 
barrier  or  grating  in  any  stream  or  river,  or  in  any  watercourse,  aiidii[ 
the  channels  or  beds  thereof;  *l 

6.  With  a  view  to  protect  the  oyster  beds  in  different  iiartsoftJKJ 
bays  and  coasts  of  the  Dominion,  it  shall  not  be  lawful  for  any  persool 
to  take  oysters,  or  in  any  way  to  injure  or  disturb  such  oyNter  beds  j 
except  duriug  times  and  on  terms  permitted  by  regulation  or  regiil* I 
tions  under  this  act,  under  a  penalty  of  not  more  than  one  Lumlredj 
dollars  nor  less  than  forty  dollars,  together  with  tho  forfeiture  of  tin  j 
vessel  and  all  tho  apparatus  employed  therein;  and  in  default  of  |ia,v 
meut,  the  party  convicted  shall  be  imprisonoil  for  not  less  thau  uMJ 
month,  nor  more  than  two  months  ;  I 

7.  Shell-fish  fisheries  shall  besubjectto  the  provisions  of  this  act,  ai«i| 
any  regulation  or  regulations  to  be  made  under  it. 

FINES  AND    FORFEITURES. 


Penalty  in  cases  16.  Except  for  offences  to  which  penalties  are  already  attached,  e«;l  j 
where  no  other  is  and  every  oft'ender  against  tho  provisions  of  this  act,  or  the  regal*! 
provWed.  tioua  under  it,  shall  for  each  offence  incur  a  fine  of  not  more  tlmf 


RRMEN 


ALLEGED   OUTRAGE   UPON   AMERICAN   PLSHERMEN. 


267 


from  iiiiv  liiiriKinnl 

tM-H  thill    llHI'llfdtiy.  I 

fjiimi  niid  tlit'iliif. 
•liliii'.eHiiiiyllrciiiiiil 
KMiltivati'il  l;uiil, u 

IMII'O,    to    till'    l';l<|iir  I 
<Ih    luilow    Of  til  llf 

ilf,  whcrcliy  thiiiiJ 
wood  or  .scriili,  tm 

nC«    illCMC  li  |M'l|;||lV 

I  reHpoiisililn  to  ilif  I 
ir  III!  *luiiia;;i's  iii'u. 
<;(>iitaiiii-(lHlmll{in'. 
inher  or  wnod,  iiimi  i 

II  laml,  or  oHirrwi* 
•  proj  11(1  ice  to  tlini 


,iul  to  b((  l(«as«l,  anv  | 
)ro))ii|^ati(>ii  (if  li.ll 
iiy  plucuKot  aiiarliit| 
vitliout  \vritt(Mi|iir- 
ider  leiiHo  or  liwiw,  | 
it  for  lisliin;;,  diitiiij 
hull  incur  u  Hue  not  I 
lyiuoul,  hUu'I  be  ill!' 

the  grantin;{l)ylli(| 
lish  HpawiiH,  forpiir- 
itilic  piirposeH; 
claim  to  rune«,ilo[| 
sdiiriu^  I'oiiniKiiilIu  I 
iivictwl  (if  ail  iiil'nit- 
der  it,  nhall  bu  Habit  I 

lars  may  hfl  granteil 
form  (ly.slor  lieiUial 
or  betWHon  any  oil 

(ir  of  any  hih'Ii  lea*  I 
prodiic(Mlorfonuii| 

)r  tho  t(iriii  (if  Slick 

lallyanycnmappw-J 
Is  in  various  watfcrt  I 

ansplanting  oysters,  I 
atural  or  artitici»lj 

tructionH  exist,  a 

_  of  any  artiliciii  1 
waterconrse,  auitiil 


litieront  partsofttej 
wfnl  for  any  pewo] 
b  such  ()yHt(!r  liei^  | 
ogulation  orrepil 

thau  0110  liumireil  | 

ho  forAVitureofl 

in  default  of  (iiy- 1 

not  less  tliau  ii«j 

iionsof  thisact,andj 


eiitv  ilol'iti'H,  bfsidcN  all  cohIn;  and  in  default  of  {layiiu-iit  of  oacli 
ne  abuli  Iki  iiiiprlHoiK^d  in  each  mim^  for  not  Ichn  I  ban  eight  dayH,  and 
iit'i'Xct^(Hliiig  Olid  month;  provided,  whonovcr  it  hIiuII  appear  to  the 
■tmrai'tioii  of  tho  convicting  niugiHtmtu,  that  tho  otfenHo  liaH  been 
ommitted  in  ignorance  of  tho  law  :  and  that  bucauHoof  tho  poverty  of 
lie  ilefi'iidaiit,  tho  penalty  impoHod  would  be  opproHHivo,  a  (liHcrotion- 
iry  mtvift  may  be  exurciHcd  ;  and  any  ItHliery  ollicer  or  other  magiNtrato 
nay  i{raut  a  warrant  of  diHtreiw  for  the  amount  of  line  aud  coHtH  im- 

wed  ill  any  t"i«>  i 
i'lic  (;(aitraventi()n  on  any  day  of  any  of  the  provinionH  of  this  act, 

/(if  any  regulation  made  undeV  it,  shall  coUHtitnte  a  separate  oll'euce, 

Jill  may  be  punished  accordingly ; 
;i.  sliould  any  defendant  have  goods  and  chattels  whercou  tho  costs 

juiv  bu  levied,  the  com]>lainant  may  distrain  for  the  amount  under 

rarnmt  by  any  lishery  oHl(!er,  or  other  magiHliale,  notwithstanding  the 

Diirisoniiieut  of  the  party  convicted  aud  lined; 

4.  All  materials,  implomouts  or  appliances  used,  and  all  fish  had  la 

(julrareutiou  to  this  act  or  any  regulation  or  regulations  under  it, 

tall  be  eeiiliscated  to  Her  Liajesty,  and  may  bo  seized  and  (roullscated 
I  view  by  any  fishery  oflicer,  or  taken  and  removed  by  any  person  for 
.livery  to  any  magistrate,  and  tho  proc(«(!(ls  of  dispoaal  thereof  may 
Bajiiilie'l  towards  defraying  expenses  iiuder  this  act ; 

[5,  One  moiety  of  every  line  or  penalty  levied  by  virtue  of  this  act, 

kail  belong  to  Her  Majesty,  and  the  remaining  half  thereof  shall  bo 

lidtutlie  prosecutor,  togetlicr  with  the  costs  taxed  to  him  for  atteud- 

nee  as  a  witness,  or  otherwise  ; 

hi,  Her  Majesty's  share  of  each  line  or  penalty  and  all  [iroceeds  derived 
»m  the  sale  of  contiscated  articles  uudor  this  act,  shall  be  paid  to  tho 
iceiver  general  through  the  department  of  marine  aud  tlsneries,  and 
tapplied  towards  tho  expenses  incurred  for  the  protection  of  llsher- 
e;  and  persons  aggrieved  by  any  such  conviction  may  appeal  by  pe- 

jtiiiu  tu  the  minister,  who  shall  have  power  to  remit  linos  aud  restore 

Irfeituri's  under  this  act. 

MODE  OF  REOOVERT. 

1 17,  Each  penalty  or  forfeiture  imposed  by  this  act,  or  regulations 
wl«  under  it,  may  be  recovered,  on  parole  complaint,  before  any  flsli- 
roflicer,  stiiiendary  or  other  magistrate,  in  a  summary  manner  on  tho 

btbnf  one  erediblo  witness; 

h.  Tbree  days  shall  elapse  between  the  serviceand  the  return  of  sum- 
oiis  to  any  defendant  for  the  lirst  live  leagues,  and  one  day  more  for 
«h  additional  live  leagues  of  the  distance  between  the  place  at  which 

lesiiu'uious  is  dated  and  the  place  of  service:  I'rovided,  That  when  it 

leipedieut  to  proceed  against  a  defendant  without  delay,  auy  lishery 

nicer  or  other  magistrate  may  issue  a  summons,  returnable  immedi- 
«ly,to  compel  the  defendant  to  appear  before  him  forthwith,  or  may 
biie  a  warrant  for  the  apprehension  of  such  defendant  simultaneously 

jith  the  summons ; 

13,  Penalties  incurred  under  this  act,  or  the  regulations  made  under 

\  shall  be  sued  for  within  two  years  from  the  commission  ofthoof- 

jnce; 

|4,  When  not  otherwise  specified,  every  proprietor  or  proprietress, 
yuer,  agent,  tenant,  occupier,  x'sirtner,  or  person  actually  in  charge, 
[ther  as  occupant  or  servant,  shall  be  deemed  to  be  joutly  and  sever- 
By  liable  for  penalties  or  moneys  recoverable  under  any  of  the  pro- 
|»ioii8ofthisact  or  any  regulation  or  regulations  under  it; 
'  No  proci'eding  under  this  act  or  un(lcr  any  regulation  or  regula- 
fcus  made  under  it  shall  be  dismissed,  and  no  conviction  thereunder 
all  lie  ([Hashed  for  want  of  form  ;  nor  shall  any  warrant  of  arrest  or 
Timitmciit  be  held  void  by  reason  of  any  defect  therein,  provided  it 
[tlierein  alleged  that  the  party  has  been  convicted  and  there  is  a  good 
I  valid  conviction  to  sustain  the  same. 


I'lovlno:  d  1  H- 
(Tutliinury  power 
ill  c«rtulii  ua««s. 


S(f])arate  ofTence 
oil  uuvh  iluj' . 


DUtreas  for  pen- 
alty, Scis, 


Forfeiture  o  f 
artlules  used  .iu 
coutruvoutioii  of 
this  act. 


Approprintlnn 
uf  pucuDiarypiiu- 
altloH. 


Iluw  tu  be  ap- 
plied. 


Appeal  tomln- 
iater. 


Before  whom  to 
bo  sued  for. 


Service  (if  sum- 
mons, iLO. 

Proviso  f  o  r 
cases  not  admit- 
tiug  delay. 


Limitation    of 
suits. 

Who  shall   be 
liable. 


No  qnaah  i  n  g 
for  want  of  form, 
ico. 


■eady  attached,  fjck  I 
act,  or  the  regul*! 
)  of  not  more  tliMJ 


POWERS  OF  FISHERY  OFFICERS  AND  OTHER  MAGISTRATES. 

3i8.  Any  fmbory  officer  or  other  magistrate  may  convict  upon  his  Fishery  officer 
^  view  of  any  of  the  ofl'ences,  both  as  infractions  and  for  non-com-  "o^-V  convict  on 
!»Dce,  punishable  under  the  provisions  of  this  act ;  and  shall  remove,  '""'• 


m^m 


I"  it  -f 

(  » 

fitt     i 


\- 


M     J! 


>l.t.    ' 


268  ALLEGED   OUTRAGE   UPON   AMERICAN   FISHERMAN. 

or  ciuiso  to  bo  removed  iustiuitly  and  detain  any  uiatcriaLs  ilWalK  ii  I 

Miiv    f,  a  II  H  o     2.  Any  ii.sliery  otticer  or  oilier  niagiHtrate  may  .search,  or  nIihH  mu 
■earohtobeuiado.  a  warrant  to  have  HeareUed,  any  veBsel  or  phice  where  thtni  in  caiim  to 
believe  tliat  any  lish  taken  in  contravention  of  this  act,  or  anythir,, 
used  in  viohition  thereof  may  beconcouled;  ' 

In  what  locality     3.  When  any  otfciice  uu(h'r  this  act  in  committed  in,  upon  op  Hf,, 
to  be  pioaecuifd.  any  w ater  forming  the  bonmiary  betw  een  dlllerent  connticH  or  (iJHtrici. 
or  iinhery  districtH,  Hneh  oll'enee  may  be  prosecuted  belbm  luiy  iiiii.ijj! 
trate  in  eiHier  of  Huch  counties  or  diNtricts,  or  before  the  (i.sluirj'  0% 
for  either  contiguous  fishery  district; 
Kifrhtofflslioiy     ^    I"  the  discharge  of  liis  duties  any  fishery  olflcer,  or  any  otlici  pet. 
ofllcer  to  i)a«'»  son  by  him  accompanied  or  authorized  to  such  eticft,  mayCnter  iiiioii 
over  lands.  f^^^^l  p^^^  through  or  over  private  property  without  being  liable  lot 

trespass ; 
Disnntis  as  to     5.  Disputes  between  parties  rolativn  to  lisliing  limifs  or  claims i, 
"    '"•  fishery  stations,  or  position  and  usage  of  nets  and  other  iishiiijj  !ij)|i;iij. 

tns,  shall  be  settlecl  by  the  local  fishery  ofiicer; 
GnTTy-j?rouiicls.  0.  Gurry-grouuds  may  be  designated  or  defined  by  any  fishery  ollicof 
Curtain  officers  7.  Any  fifuiery  ofiicer,  sf  ipeudiary  magistrate,  or  commissioiiJ'd  oilice! 
iu  tlio  Canadian  of  Her  Majesty's  Navy,  on  board  of  c  ay  vessel  belonging  to  01  >,bart  rn|  I 
havo"maK?HT«ril'l  Vy  ^''*^  Canadian  Government,  employed  in  the  service  of  piotettitg 
powers  u  n  dor  I'sherit .,,  and  each  comiMissioned  ofiicer  of  Her  Majesty's  Navy  scrviD 
tliisact.  on  board  of  any  ves.sel  crnisiiig  and  l>eing  in  the  waters,  liarboiirnoii 

ports  of  Canada,  for  the  purpose  of  atibrding  protection  in  IlerMitjestj'il 
subjects  engaged  in  the  fisheries,  and  to  enforce  any  laws  relatiiijj  to { 
such  tisheries,  shall  exercise  magisterial  powers  in  all  the  waters,  hat- 1 
bo'urs  or  pvts,  and  on  all  the  coasts  of  the  Dominion  of  Canarla  wiietjl 
for  the  time  being  and  for  the  purposes  above  described  tlieyaipsl 
engaged,  without  property  qualitication,  and  without  taking  aiiyoalli| 
ofotlice; 

Seiznros    li?w     g_  Seizures   made  by  any  fishery  officer,  stipendiary  iniij;istrati'cr| 

to  b««  dealt  witl).  r^^^ygj  „|]ic,,j.^  go  acting  as  aforesaid,  may  be  taken  for  disposal  to  tht  I 

nearest  or  most  convenieut  port  where  there  shall  reside  any  rcveiiinl 

ofiicer  or  other  public  ofiicer  empowered  to  dispose  of  the  ea.'so; 

Powers  of  fisli-     9.  Whenever  it  may  be  impracticable  for  any  fishery  oHicei,  stipeii' I 

ery  olHtjer,    &c.,  diary  magistrate  or  naval  ofiicer  acting  in  sucli  capacity,  to  i^aiisc anj  j 

J[('   H'rjl^f^J,'""  prisoner  or  prisoners  to  bo  conveyed  to,  an<l  committed  to  tlieuiart^j 

wlien  he  cannot  common  gaol,  bo  shall  have  power  to  detain  him  or  tlieni  011  boarddj 

i'ouvey  them    to  the  vessel,  or  transfer  him  or  them  to  another  vessel  for  ronvcysnttl 

K"**'-  and  delivry  at  the  most  convenient  place,  and  wit.h  all  <()HveDieDl| 

dispatch,  where  be  or  they  can  be  duly  committed  into  tl'.e  I'li.slddyofl 

the  sheriff  or  other  ofiicer  of  the  county  or  district  in  which  the  comiiion [ 

gaol  is  situated,  to  which  he  or  they  shall  be  order  d  to  l)e  coiuiHiitrfif 

and  until  such  prisoner  or  jirisoners  shall  be  so  delivered  into  the iiii'| 

mediate  custody  of  any  sheriff  or  gaoler,  the  fishery  ofiicer,  stii)eiidiar;j 

magistrate  or  naval  officer  having  him  or  them  in  charge,  shall  ba\eiiil 

all  parts  through  which  it  may  be  necessary  to  convey  any  prisnuerotj 

))ri80uers,  the  same  auth<"itv  and  power  over  and  in  regard  to  sncli j 

jierson  or  jiersfji's  and  t*  eommand  the  ai<l  of  any  of  HerMajesty'iis ' 

jeets  in  preventing  his  or  their  escape,  or  in  retaking  him  ortlieraiBJ 

case  of  escaue,  as  any  county  or  di.strict  sheriff  or  peaceoliicciwoQliiJ 

have  while  lawfully  conveying  a  prisom^r  from  ono  jiart  to  aiiotbcrolj 

his  own  district; 

Where  the  of-  If-  The  offence  for  which  am' person  or  persons  may  h<!  ho  PonlIIli^| 
fence  shall  bo  ted  to  any  common  gaol  shall  always  be  hehl  to  have  taken  placeiil 
held  to  have  been  the  county  or  district  to  the  coinmou  gaol  of  which  the  coininitnieiilj 
committed.  ^^^^  jjjj^jy  aetiialey  made. 


I'ltOVINCIAI,  ; 


20.  The  follow 


F'SHKUY  IlKGULATIONS. 


Ciovemnr 
('.  o  II  u  e  1 1 
make     11  a . 
it>KiilalioUH. 


in  19.  The  governor  in  council  may  from  time  to  time  make,  amifroiil 
'""•V  time  to  time  vary,  amend  or  alter,  all  and  every  sueli  regulation  orngo-l 
'^^  lations  asoiiall  be  found  necesnary  or  deemed  expedient  for  thoWWl 
management  and  regulation  of  the  sea-coast  nnd  iulaisd  fislicrii'.s.trtpnjl 
vent  or  remedy  the  obstruction  or  pollution  of  streams,  tor('guliit««M| 
prevent  fishing,  to  prohibit  the  destruction  of  fisli  and  to  forbid  tiiJiinjl 
except  under  authority  of  h!asesor  licenses — every  of  which  regulatiWl 
shall  have  the  same  force  and  effect  us  if  horeiu  contained  iiinl*r 


ALLEGED    OUTRAGE    UPON    AMERICAN    FISHERMEN. 


269 


|»cit!il  iiotwitliHtiUitliug  that  such  regulatious  may  extend,  vary  or  alter 
I  ,iy„f  tliti  piovinionH  of  this  ",cfc  rospectiiig  the  jduccH  or  modes  of  I'mh- 
liu^  or  the  tiTiiiH  H])ecitie(l  as  ])rohibile(l  or  cIomu  ueaHuuH,  ami  may  fix 
Lutii  othisT  modes,  times  or  piaeew  as  may  be  deemed  by  the  governor 
[ill  coiiii'ii  to  bo  adapted  to  different  localities,  or  may  bo  thought  other- 
Kisi  expedient; 

0  flu;  piiliiicatioii  of  such  regulations  in  the  Canada  Gazette,  shall 
llic  siitlicii'iit  notice  to  give  legal  ellect  to  tbt^  same;  and  tjje  production 
Ict'a  wijo  "t  a  paper  purporting  to  be  "The  Canada  Gazette,''  an«l 
Icontuinins  '"'y  '^"•^''  regulation  or  regulations,  shall  bo  admitted  as 
liiiiliiiMi  sutiicieut  evidence  of  the  same  in  all  courts  of  law  or  equity  iu 

'iiiiiidu; 

:(.  Every  otlVnce  ngainst  any  regulation  or  regulations  made  under 
[(ills  ait  niay  bo  stated  as  iu  contravention  of  the  lisheries  act. 


And  may  there, 
by  vary  uertain 
proviHiuuHuf  ttiiti 
aut. 


PiiMication  and 
proof  uf  regula- 
tiuuii. 


StatitiK  of- 
f'<4  u  V.  o  8  againat 
this  act. 


ProviHO:  as  to 
certikiu     rogula- 


N.  B.  23V.C.62. 


N.B.26V.C.e. 

N.  15.30  V.C.  14. 
Proviso:   H.8  to 
('^Illations    ii  n  - 
,  der  it. 


pitOVINCIAI.  At;T8  AND   KKGUX.ATIONS   KKrKALKD  OR  CONTINUED. 

20.  The  following  acts  and  parts  of  acts  are  hereby  repealed  :  Acts  and  parts 

The  act  piissed  i)y  the  legislature  of  the  late  province  of  Canada  ('2'.)     Can.  2'J  V.C'.il! 
iTItt.,  <liiip.  11)  intituled  au  act  to  amend  chapti-r  sixty-two  of  tlio 
[(jiiHolitliitcd  .Statutes  of  Canada,  and  to  provide  for  the  better  regula- 
Iticiisiif  tisliing  and  protection  of  fisheries,  and  also  the  several  sections 
tit'iliowiid  sixty-stcoud  chaj.'er  of  the  ''oiisolidated  Statutes  of  ('anada 
Jthcrcin  excepted  from  repeal :  I'rovid  >!   always,  that  the  regulations 
of *tii  May,  1859,  adopted  undc^r  chapter  tJ'i  of  the  said  Consolidated  tTous! 
Igtiiliite.sof  Caij  (la,  and  relating  to  lisheries  at  and  anvind  the  Mag- 
dalen Islands,  and  the  regulations  of  4th  August,  18(if),  S)th  August, 
jHiti,  iiikI  "Jlith  A])ril,  lH{i7,  adopted  under  th<^  Statute  20  V  ietoria,  chap. 
|ll,»liall  continue  in  fonie  in  the'jUovincesof  Quebec  anil  Ontario,  until 
niK'iidedor  siiperbed(!d  by  other  regulations  under  this  act: 

he  act  j)».s8ed  by  the  lejri.slature  of  th»)  province  of  New  Hrunswick 
i(L':!  Vicl.,  ch!ip..^)'.i)  intituled  ail  act  relating  to  the  fisheries  of  the  county 
ol'  lirstifioiiclie ;  .  '  . 

The  act  iia.s,s(ul  by  the  said  legislature  (2G  Vict.,  chap.  C)  intituled  an 
|b('I  iclaiing  to  the  coast  an<l  river  lisheries  ; 

The  act  |)a8sed  by  the  legislature  (HO  Vict.,  chap.  14)  intittdedan  act 
|tnoiic(iiiiage  th..  formation  of  oyster  beds  ;  but  any  regulation  or  regu- 
liiiitiiisiiiaili^  under  either  of  the  three  last  mentioned  acts,  and  not  in- 
lidiisisteiit  with  the  ))rovisions  of  the  j)rosent  act,  shall  renniiu  in  force 
liiitiie  province  of  New  Hrunswick  until  amended  or  superseded  by  reg- 
liaiion  or  regulations  to  l.e  made  under  this  act,  and  shall  be  subject 
[liii'very  resinct  to  the  authority  by  this  act  vesttMl  in  the  respective 
jishcry  olliccrs  appointed  under  this  act,  who  are  hereby  enipowered'to 
^iil'orcc  tlio  same, 
'.il.  The  following  acts  shall  continue  iu  force  iu  the  provinces  of  New     Acts  continued 
6rau8  .:ik  and  Nova  Scotia:  '»  N.IJ.aud  N.S. 

i  All  act  i)a8sed  by  the  legislature  of  the  province  of  New  Brunswick    N.  B.  10V.'^\«9. 
|1()  Vict.,  chap.  GD)  intituled  an  act  relating  to  the  coast  fisheries,  and 
lor  !hc  prevention  of  illicit  trade  : 

ChrpteriM,  Revi.sed  Statntcs.  third  series,  of  the  "  coast  and  deep  sea    ^"^^  S.  Koviged 
Bislieries,"  as  amended  by  subseiiuent  aetjj  of  th.*  legislature  of  Nova  *'"''•'"• '''*• 
tecntia:  I'lovided  always,  that  such  fishery  oUicers  as  may  be (ssjiecially     I'roviHo:  cer- 
iEailKiweied  in  that  behalf  by  the  governor  in  council,  shall  also  exer-  tnin  powers  uii- 
Itise  tlie  powers  by  the  said  rijcited  a-ts  and  chapter  of  acts  vestecl  in '^'7,,xo,c'ised'"by 
pnciiiie  and  other  ollicers,  sherift's,  magistrates,  and  all  penalties  and  UHliury  otticurg. ' 
yoifi'itiircN  iiiipo.sed  under  the  same  shall  be  paid  over  to  the  receiver- 
Ktiu'iiil  tlirougli  the  d(>partm(uit  of  nnirine  and  lisheries  to  bo  applied 
llowards  the  lisheries  protection  service  in  like  manner  as  other  lines  au<l 
piuliscations  under  the  present  act ; 

Chapter  115  of  the  Revised  Statutes  of  Nova  Scotia,  third  series,  "of    S'wno,  C. 95. 
pivcr  lisueri(!8 ; " 
'111'  act  (28  Vict.,  chap.  35)  intituled  m\  act  to  aniend  chapter  l»r>  of    N. 8. 38  V.C.35. 
'ij'  lievised  Statutes,  "  of  river  fisheries;  " 

lh«act('.i<j  Vict.,  chap.  35)  intituled  an  act  to  amend  chapior  04  of    N. S. 28 V.C.35. 
peKoviHed  Statutes,  "  of  the  coast  and  d(!ep  sea  fisheries  ;" 

j  Tlio  act  (ai)  Viet.,  chap.  3G)  intituled  an  act  to  amend  chapter  95  of    N.  S.  29  V.C.3«. 
Jbo  KeviBcd  Statutes,  "  of  river  fisheries ; " 
And  all  regulations  adopted  in  pursuance  of  the  said  chapter  of  the     And  roRnli'. 
MKoviBed  Statutes  or  of  the  said  acts  amending  the  same  shall  re-  Uounanrtertbem 


PFW 


HP 


270  ALLEGED   OUTRAGE   UPON   AMERICAN   FISHERMEK. 


Proviso:  as  to 
tbe  exercise  of 
pnwerH  under  tlie 
Miid  acts. 


Fishery  oflicerH 
may  pertorm  cer- 
taiii  ifaties. 


Fisheryofflcors 
to  exercise  pow- 
ers tinder  llev. 
Stat.  N.  S.,c)iap. 
103. 

As  to  penalties 
under  tlio  said 
acts. 


main  in  force  until  amended  oi  Huperseded  by  any  regulation  or  reor 
lations  under  thi^  act ;  ^ 

Provided  always,  that  tbe  powers  and  duties  in  the  above  nainwi  I 
chapters  and  acts  devolving  on  the  governor  in  council  under  tbe  wid  I 
acts,  shall  voHt  in  (hi)  governor  of  Canada  in  council,  and  tlmpowfirsaDdl 
dutifs  belonging  to  the  general  or  special  sessions,  and  the  griiMd  jiirt  I 
shall,  as  aflfocts  the  making  of  any  regulation  or  rogulatioiiN,  ordirofl 
orders,  be  vested  in  the  governor-general  in  council,  and  as  affectijJ 
the  appointment  and  control  of  fishery  inspectors  or  wardens,  ami  ili»| 
declaring  of  exemptions,  shall  vest  in  the  minister;  and  any  tislifrvof.! 
licer  or  ofiScers  appointed  under  this  aet  shall  fultili  tliodntiosof  lisiiervl 
inspectors  or  v;ardeus,  and  exorcise  the  lunctions  which  l3y  thenai 
above  recited  chapters  and  acts  attach  to  justice  and  sherifl's,  for  all  tl 
purposes  of  the  aforesaid  chapters  and  acts  or  any  such  regulatJDu  on 
regulations ; 

Each  and  every  fishery  officer  shall  also  exercise  the  power  and  m.i 
form  the  duty  assigned  to  commissioners  or  overseers  of  river  tishcriejl 
by  the  second  section  of  chapter  103  of  the  Revised  Statutes  (thirdl 
series,)  of  the  province  ui"  Nova  Scotia;  S 

22.  All  fin(!8  and  penalties  levied  under  the  several  chapters  and  acul 
recited,  or  under  any  regulation  or  regulations  referred  to  in  the  twjl 
next  preceding  sections,  shall  be  disposable  in  the  same  manner  aai'l 
imx)osed  and  levied  under  the  present  act. 


FORMS  OF  rROCEDURE. 

Torms  of  pro-     23.  Forms  of  proceedings,  or(^!r^  and  notices  used  under  this  actaojl 

Sis  act*    """^  regulations,  may  Tor  respective  processes  be  in  the  form?  oreHcribediij 

the    chedule  hereunto  annexed,  or  in  any  other  form ;  and  in  other  ».| 

spects  the  laws  relating  to  sunnuary  convictions  and  orders  shall  apjtljj 

to  cases  under  this  act. 

Short  title.  24.  Thin  act  shall  be  known  and  cited  as  Tlie  Fiaherm  Act. 


Schedule  A. 

Form  of  complaini. 

Province  of        , 

County  (cr  District)  of  t 

This  day  of  ,  18    : 

To  J.  S.,  a  justice  of  the  peace  for  the  said  county  (or  district) : 

A.  B.,  of  ,  complains  that  C.  D.,  of  ,  hath  {state  the  offence  hr^ejl^|'^n^ 

intelligibi-  terms,  with  the  titne  and  place  at  which  it  icas  commiihd,)  in  contravontinnii' 
the  fisheries  act :  wherefore  the  complaimant  prays  tuat  judgment  may  begin 
against  th)  said  C.  D.,  as  by  the  said  act  provided. 

(Signature)  .  .  ^• 

Scuedule  B. 
Summo,i8  to  ^efcvdanl. 

Province  of         , 

County  (or  District)  of  ,18    i 

To  C.  D.,  of  ,  &c. : 

Whereas  complaint  has  {thisday)  be"n  made  before  me  that  you  (state  theoffm^ 
the  words  of  the  complaint,  or  to  the  like  effect)  in  contravention  of  the  (islierien  Kt| 
Therf  fore  you  are  hereby  commanded  to  come  before  me,  at        on  the       day  of 
at        o'clock  in  the  ,  to  answer  the  said  complaint  and  to  be  dealt  with  acconi| 

ing  to  law. 

Witueas  mj  baud  »nd  seal,  this       day  of  ,  18    . 

[L  B.j 

<7u8(tc«  of  the  Feace  for 


\l'orm  of  warrant  of 


^. 


ALLEGED   OUTRAGE   UPON   AMKBICAN   FISHERMEN. 


271 


SCHBDULB  C. 


Stthpwna  to  a  witneaa. 


IProvin'ce  ok  , 

County  {or  Disfnct)  of 

,  &o.: 


[Til  K.  F.,  of 

WkeroiiH  coiiipluiut  haH  been  made  bot'ure  niu  that  C  D.  {state  the  offence  as  in  the 
^miuiiioHc),  aud  I  am  infi)rmed  that  yon  can  give  material  evidence  in  the  case:  There- 
kw  vou  are  coiiiinanded  to  appear  before  mo,  at 


o'clock  in  the 
jtiiuiplaiut. 
WituesH  my  hand  aud  seal  this 


on  the         day  of  ,  at 

,  to  testify  what  you  know  concerning  the  matter  of  the  said 


day  of  ,  18 


SCHEDULR  D. 


J.  8.,      [L.  8.] 
{as  in  summons.) 


Form  of  conviction. 


PlIOVlXCK  OK  , 

County  (or  District)  of 
Bo  it  rt'ineinbered,  th  it  on  this 


diiy  of  ,18    ,  at 


in  said  county  {or 


llsiri(t),  C.  1).,  oi  is  convicted  before  me,  for  that  he  did,  &c.,  {slating  the 

fi'iii-f  hriejiy  and  he  time  and  place  w  lere  committed,)  in  contravention  of  the  lisheries 
,(t;  iiiul  i  udjmU'.e  the  said  C.  D.  to  forfeit  (and  pay)  tlie  hiiiu  of  (or  mention 

I  ijilnij  forfeited  under  this  act),  to  bo  applied  according  to  law,  and  also  to  pay  A. 

,  I  (he  ('omplaina  }t)  the  sum  «)f  for  costs : 

'  {If  the  penalty  l)c  not  forthwith  paid  idd"^,  and  the  said  C.  D.  having  failed  to  pay  tLa 
iiiii penalty  and  costs  forthwith  after  the  said  conviction,  1  adjudge  liim  to  be  com- 
hittid  ti)  and  imprisoned  in  the  common  gaol  of  the  county  {or  district)  of 
jiirtbB  period  of 
I  Witutiss  my  Iiaud  aud  seal  this        day  of  ,  18    . 

'1       '  J.  S.,      [L.  s.] 

{as  in  summons.) 

Schedule  E. 
iFom  of  warrant  of  commitment  for  non-payment  of  penalty  or  forfeiture  and  costs. 

pilVIXCK  OF  , 

Count})  {cr  District)  of 
B  tile  constable  and  peace  oflScers  of  the  county  {or  district)  of  aud  the  keeper 

of  the  coir.mon  gaol  of  the  said  county  {or  district),  at  : 

[WiiereasC.  1).,  of  ,  was  on  the  day  of  18    ,  convicted  before  me, 

hat  ho,  &c.  {as  in  convic,tio7i)  and  I  did  thereupon  adjudge  the  said  C.  D.  to  forfeit 
nlpay  to  A.  H.,&c.  {as  in  conviction) ;  Aud  whereas  the  said  (J.  D.  hath  not  paid  the  said 
fciialty  or  t'ovfeituie  and  costs;  Therefore,  I  command  you,  the  said  constables  .'ml 
pee olBceiH,  or  any  of  you,  to  convoy  the  said  C.  D.  to  the  common  gaol  for  vho 
of  ,  at  and  deliver  him  to  the  keeper  thereof  with  this 

larraiit ;  and  I  command  you,  the  said  keeper  of  the  said  gaol,  to  receive  the  said  C. 
°  iutujuur  custody,  and  keep  him  safely  imprisoned  in  the  said  gaol  for  the  space  of 
\  ,  aud  for  so  doing  this  shall  be  your  sulliciont  warrant. 

|\Vitiie8s  my  hand  aud  sea),  this  day  of  ,  18    . 

J.  S.j     [l.  8.] 
{as  in  summons.) 


272  ALLEGED   OUTRAGE   UPON   AMERICAN   FISHERMEN. 


I    -■ 


38  ViCTOIUA. 

Chat.  33.— A.N  ACT  to  amend  "  The  FishorioB  Act." 

(Assented  to  8tli  April,  1875. ) 

Hor  Majesty,  by  and  with  the  advice  and  consent  of  the  Senato 
llonseof  Commons  t)f  Canada,  enacts  as  follows: 

1.  The  lirst  snb-seciiou  of  tlio  seventh  soetion  or  the  act  passed 
the  tliiity-lirst  year  of  Her  Majesty's  reijjn,  and  known  ;is  "The  Fiji 
eries  Act,"  is  hereby  repealed,  and  the  following  shall  be  mibstitii 
in  lien  thereof,  that  is  to  say : 

"7.  Salmon  shall  not  be  iished  for,  c;iii<;ht,  or  killed,  l)ctwetii  tiJ 
thirty-fir.stday  of  July  and  the  tirs^day  of  May,  in  theProvinceHofO 
tario  and  Quebec,  and  in  the  river  liestigonche;  nor  between  Miofift^.e5Ji| 
day  of  Angnst  and  the  first  day  of  March,  in  the  Proviiicos  of  Xel 
Brunswick  and  Nova  Scotia;  Provided  always,  that  it  shall  bo  JaJ 
ful  to  lish  for,  catch  and  kill  salmon  with  a  rod  and  line,  in  tlie  i 
uer  known  as  tly-surface  fishing,  between  the  thirtieth  day  of  hA 
and  the  thirty-flrst  day  of  August,  in  the  I'rovinces  of  Ontario  aJ 
Quebec,  and  between  the  lirst  day  of  February  and  the  liftwiithdai 
of  September,  in  the  Provinces  of  New  Brunswick  and  Nova  Scotia,' 

2,  The  second  sub-section  of  the  seventh  section  is  heroliy  rfipoaiedl 
and  the  third  and  following  sub-sections  of  the  said  sevtinth  scctij 
shall  be  read  as  the  second  and  following  sub-sections  of  the  saiilsevenl 
section  of  the  said  act. 

'.i.  So  much  of  the  twenty-iirsfc  section  of  the  said  act  ascoutinnesil 
force  in  the  Province  of  Nova  Scotia,  the  Revised  Statute  of  Nova  Scotii 
"  Of  River  Fisheries,"  and  certain  acts  of  the  legislature  of  the  Pro^ 
ince  of  Nova  Scotia  amending  the  same,  as  in  the  next  section  mi 
tioned,  and  all  regulations  adopted  in  pursuance  of  the  said  chapid 
of  the  said  Revised  Statutes,  or  of  the  said  acts  amending  the  same,  all 
hereby  repealed. 

4.  The  following  statutes  of  the  legislature  of  Nova  Scotia  are  hen 
by  repealed,  that  is  to  3ay :  i 

Chapter  ninety-flvo  of  the  Revised  Statutes  of  Nova  Scotia,  liiiij 
series  "  Of  River  Fisheries."  1 

The  act  (tsventy-eighth  Victoria,  chapter  thirty-five)  iiititnlwl"Ai 
act  to  amend  chapter  ninety-live  of  the  Revised  Statutes 'Of  Eirl 
Fisheries.'" 

The  net  (twenty-ninth  Victoria,  chapter  thirty-six)  intituled  "Ana 
to  amend  chapter  ninety-five  of  the  Revised  Statutes  'Of  River  FislJ 
eries.' " 
Saving  clause.      But  the  repeal  of  these  acts  shiiU  not  revive  any  act  or  provision  5 
law  repealed  by  such  acts  or  any  of  them,  or  prevent  the  oti'ectofa 
saving  clauses  therein,  or  atlect  any  otfenco  coumiitted,  peualtj, 
liability  incurred,  right  acquired,  or  act  done  before  such  repeal, as tl 
which  the  said  acts  and  any  regulations  made  under  them  sliall  remai 
in  force. 


Preamble. 

Subs.  1  of  8.  7, 
oi;U  v.,  c.  60,  IB- 
pisalcd. 


Close  seaBou 
for  rialmuo. 


Proviso  as   to 
fly  lisbiug. 


Subs.  2  re 
pealed. 


Repeal  of  part 
of  31  v..  c.  60, 
coatinuiug  acts 
hereby  repealed. 


Acts  of  N.  S. 
repealed. 


36  Victoria. 


Ciur.  65.— AN  ACT  for  the  better  protection  of  navigable  streams  and  riveii| 

(Assented  to  2:kl  May,  1873.) 

Preamble.  Whereas  it  is  expedient  to  i)rovido  for  the  better  protection  of  nd 

gable  streams  and  rivers,  therefore,  Her  Majesty,  by  aiul  i-ithtbear 

•  vice  and  (consent  of  tlie  Senate  and  House  of  Conmions  oi  Caiiadj 

enacts  as  follows: 

No     sawdust,      ^-  From  and  after  the  passing  of  this  act  no  owner  nor  teuant  of  a 

&c.,  to  be  throwil  saw-mill,  nor  any  workman  therein,  norother  person  or  persons  wtoi 

Into    navigable  ever,  shall  throw  or  cause  to  b'i  throw,  or  suffer  or  permit  to  be  throw 

streams.  g,,^  sawdust,  edgings,  slabs,  bark,  or  rubbish  of  any  descriptinii  wiif 

Hoevcir,  into  any  navigable  stream  or  river,  either  above  or  below  tl 

point  at  which  such  stream  or  river  ceases  to.be  navigable. 

Penalty     for     '^-  Anj"  person  or  i>er8ot',svioliitiuf{  the  preceding  sections  HUslIlwli 

contraTeiiingthia  bio,  ior  the  first  offence,  to  a  tin    o"  v,r>t  less  than  twenty  doliurs,t: 

act-  for  thr  second  and  each  subao;iaL.ii  c;  • '  -    'o  a  tine  of  not  lesstlK 


ALLEGED   OUTKAGE   UrON   AMEIIICAN   FISHERMEN. 


273 


[fiftv  ilullar.s,  which  lino  shall  ho  recoverable  KUiiiiiinrily  in  the  same 
Iniaiiueraspiovitled  forthorecovery  of  peniiltiesby  "The  FishciiesAcfc." 

i.  It  bliJiII  Ijt'  ll't>  <l'ity  of  tl>o  several  fishery  otticers  to  examine  and    Fishery  ofBoerB 
Iroiwit  on  tliK  conditiou  of  the  navigahlo  sf.reains  and  rivers  under  this  to    enforce  thU 
Ijtt  from  tiiuo  to  time,  and  to  jtrosocnte  all  ]»artios  contravening  the  act. 
;ermsoftbis  act,  and  such  ollieers  shall,  for  enforcing  the  nrovisions of 

Lrpnsen  by 


ti^act,  liiivi^  and  exercisti  all  the  powers  conferred  upon  fliem  for  like 

.nrpnseH  by  "The  Fisheries  Act." 

4,  Provided,  always,  that  when  it  cun  he  shown  to  the  satisfaction  of    ^'xcmi.tionii  iiy 
m  LTOveriKir  in  council  that  the  |)ul»lic  interest  would  in)t  be  injuriously  JII^Lf^na'""    " 


Bbe  M^''-''""'" 


fleeted  llienhy,  (he  governor  in  council  shall  have  power,  IronJ  time 

Botimc,  by  pr'"^'"'i"'i'''on  in  the  Canada  Gazette,  to  declare  any  such 

Itreain  or  river,  or  part  or  parts  thereof,  <>xempted  from  the  operation 

fcf  this  act,  in  whole  or  in  part,  and  shall  also  have  power,  from  time  to 

Be,  to  revoke  the  same. 


certain  cases. 


No.  12. 


FISHERY  LAWS  OF  NEWFOUNDLAND,  1879. 


CONSOLIDATED  .STATUTE.S. 

CuAPTKR  102. — Of  the  Cuait  Fisheries. 


BCTIOX- 

[l.  Herrinp  not  to  be  caufiht  between 

•.'Olh  Oct.  and  12th  April.    Seine, 

how  to  1)0  used. 
..  Time  for  use  of  and  size  of  net. 
1 3.  Injuries  to  uots  and  sfiues. 
ii  Herring  not  to  bo  liauled  for  bait  be- 
\      twccu  20tli  April  and  20tli  October. 
[5.  Spearing  or  Bwoeping  witli  nets  or 

Beiufs  for  salmon  above  tidal  waters 

unlawful. 
|(.  Stake,  seine  or  woir,  unlawful. 

.  Milldanis  and  otlierobotructions. 
|(.  Meah  of  salmon  net. 
|(.  Salmon  Ixiugbt  or  sold  in  close  time 

forfeited. 


Section— 

10.  Distance  between  salmon  nets. 

11.  Time  for  tailing  salmon. 

12.  I'onalties. 

la.  Weir,  &c.,  erected  contrary  to  law 
may  lio  destroyed. 

14.  Porlelturcs  ami  penallio.'),  how  re- 

covered. 

15.  Appropriation  of  same. 

10.  ConvictiouH  not  to  be  quashed  for 
want  of  form. 

17.  Governor  may  appoint  superiutend- 

ant  of  fishery  and  fishery  war- 
dens. 

18.  Keservation  of  treaty  rights. 


|l.  No  person  shall  haul,  catch,  or  take  herrings  by  or  in  a  seine  or 
krsuch  coutrivance  on  or  near  any  part  of  the  coast  of  this  colony 
^of  its  dependencies,  or  in  any  of  tlie  bays,  harbors,  oi  other  places 
lereiii,  at  any  time  between  the  20th  day  of  October  and  the  25th 
kvol'  April  in  any  year,  or  at  any  time  use  a  soinc  or  other  contriv- 
pce  lor  the  catching  and  taking  of  herrings,  except  by  -.vay  of  shoot- 
jaiul  forthwith  hauling  the  same:  Provided,  that  notiiiug  herein 
lutaiucd  shidl  prevent  the  taking  of  herrings  by  nets  set  in  the  ".«ual 
lit  customary  manner,  and  not  used  for  iubarring  or  inclosing  lu  rrings 
laeovo,  inlet,  or  other  place. 

III.  No  person  shall,  at  any  tiuu^  between  the  20th  day  of  December 
ill  tile  Ist  day  of  April  in  any  year,  use  any  net  to  haul,  catch,  or 
Ike  hoiriiiKH  on  or  near  the  coasts  of  this  colony  or  of  its  dei)eiulencies, 

1  any  bays,  harbors,  or  other  i)laces  therein,  having  the  mokes, 
jislien,  or  scales  of  such  not  less  than  two  inches  and  thrtHj-eighths  of 
lincliatleaHt,  or  having  any  false  or  double  bottom  of  iiuy  descrip- 
b;  nor  shall  any  person  })ut  any  net,  though  of  legal  size  mesh,  upon 
Ikliind  liny  other  net  not  of  such  size  !ncsh,  for  the  purpose  of  catch- 
Hortaldng  such  herring  or  herring  fry  passing  a  single  net  of  legal- 

emesh. 

pi  No  person  shall  vrillfuUy  reirove,  destroy,  or  injure  any  lawful 

« or  seine,  the  property  of  another,  set  or  iloating  on  or  near  the  coast 

Ithis  colony  or  ILs  dependencies,  or  any  of  the  bay.s,  harbors,  or  other 

Vr  therein,  or  remove,  let  loose,  or  take  any  iish  from  such  seine 

■net. 

pV.  No  per.soii  shall,  between  the  20th  day  of  May  atid  the  20th  day 

|Oetol;r  ill  any  year,  haul,  ctitcli,  or  take  herriugs  w  other  bait  for 

wtatioii,  within  onemilw  measured  by  the  shore  or  acrc,^sthe  water 
[my  settleinout  situate  between  Capo  Chapeau  Uoiigo  and  I'oint 

"ngee,  near  Ca^ie  Ray;  and  any  person  so  hauling,  catching  or  tak- 
liwithiuflh'  said  limits,  may  l>e  examined  ou  oath  by  a  justice,  otiftcer 

S.  Ex.  113 18 


'Jerring  not  to 
h)  caught  be- 
tween 20th  Oct. 
and  12f.h  April. 
Spine,  how  to  be 
used. 

This  section  re- 
pealed, 42  Vic, 
Oh.  ii,  §  2. 


I 


Time  for  use  of 
and  size  of  net. 


Iiuurieatoiiets 
and  seines. 


Ilerrinc  not  to 
bebiiuloilforbait 
between     2  <>  t  h 
April    Hiul    20tU'' 
Octoliir. 

AuiiMided      :i  0 
Vic,  Uh.  6,  §  U. 


mi 


ALLEOEl)    OUTRAGE    UPON   AMERICAN   FISHERMEN. 


SpeariDK  or 
SwoepiDK  w  i  t  li 
notsorBuines  J'nr 
nalmuu  abnvo 
tidal  waters  un- 
lawful. 

Stake,  seine,  or 
weir  unlawful. 

Roi)  0  a  1 0  <1  .'J8 
Vio.,Cli.  7,  n- 


Hill'dania  aud 
other  obstruc- 
tions. 

Repealed  38 
Vic.Ch.  7,  §2. 


Mesh  of  salmon 
net. 

Repealed  38 
Vic,  Ch.  7,  §  7. 

Salmon  bought 
or  sold  in  close 
time  forfeited. 


Distance  b  e  - 
tween  sahtion 
nets. 


Time  for  taking 
salmon. 


of  cuHtoms,  or  person  commissioned  for  the  purpose,  as  to  whethettlnl 
liorriiiffs  or  otlier  bait  are  intended  for  exportation  or  otherwise, 
refusal  to  answer,  or  ansA    ring  untruly,  such  person  sliall,onconvit| 
tion,  be  subject  to  the  pn     -tions  of  the  twelfth  section  of  thi8  chapte  I 

V.  No  [)er8on  shall,  by  h     arinjj;  or  sweeping  with  nets  or  Ktiucs  talJ 
or  attenii»t  to  take,  any  salu;     i   j^rilse,  par.or  trout,  in  any  hay, riv  i 
stream,  (;ovo,  or  water-course,  above  w^liere  the  tide  usually  risw  aiii'J 
falls,  or  in  any  pond  or  lake. 

VI.  No  stake,  seine,  weir,  or  other  contrivance  for  taking  siiIum 
except  nets  sot  or  placed  across,  shall  be  set  or  placed  in  uuyriverl 
stream,  cove,  lake,  or  watercourse.    No  not  shall  extend  more  tbiii\0Dj 
third  of  the  distance  in  a  straight  lino  across,  and  all  nets  Nlmllbcidl 
only  on  one  side  of  such  river,  stream,  cove,  lake,  or  watercoiirHc. 

VII.  No  person  shall  construct  any  mill-dam,  weir,  rack,  frame,  train.! 
gate,  or  other  erection  or  barrier  in  or  across  any  river,  8tr(iiiiii,tovt| 
lake,  or  watercourse,  so  as  to  obstruct  the  free  passage  of  siilinoii,urils(,| 
par,  trout,  or  otlier  lish  resorting  thereto,  for  the  pnrpo.so  of  spawn 
and  all  mill-dams  or  other  erections  placed  on,  over  or  across  anywatet.! 
cour.so,  river  or  stream  resorted  to  by  fish  for  the  purpose  of  Hpawnijjl 
shal.  have  a  waste  gate  opening,  or  slope  suflicient  to  constitiitfil 
proper  and  sufficient  lish  way,  which  shall  be  kept  in  rci)aii'  by  tk 
owner.  No  person  shall  permit  any  sawdust  or  mill  rubbish  to  bocwl 
Into  any  such  river,  stream,  cove,  lake  or  watercourse. 

VIII.  No  person  shall  use  any  net  for  taking  salmon,  tho  iiioki^ 
meshes,  or  scales  of  which  are  less  than  four  inches  and  a  iialf  iucb. 

IX.  No  person  shall  buy  or  sell  or  have  in  his  possession  sa!ni(_ 
knowing  the  Bfime  to  have  been  taken  contrary  to  the  provisioDioi 
this  chapter,  and  every  salmon  so  taken,  bought  or  sohl,  shall  be iltf 
clared  forfeited  to  the  complainant  by  any  justice. 

X.  1,0  net  shall  be  moored  or  set  in  any  harbor,  cove,  creek  or  ostuaryl 
or  on  or  near  any  part  of  the  coast  of  this  colony  or  its  dopendenciHi 
for  the  purpose  of  taking  salmon  nearer  to  any  other  not  moored  o 
set  foralike  purpose  than  one  hundred  yards  for  a  single  net,  andthi 
hundred  yards  for  a  double  net  or  fleet  of  nets. 

XI.  No  salmon  shall  be  taken  before  the  first  day  of  May  or  after  tl 
tenth  day  of  September  in  any  year:  Provided  that  if  the  timelimiM 
in  this  section  shall  be  found  tn  operate  injuriously  in  any  partofiS 
island,  the  governor  in  couuiil  may  a^p9)wt  any  other  tinii' or  tin' 
and  such  time  or  times  shall  he 
mentioned  herein. 


as  bindi&g  ^/f  all  persons  an  if  sjin 


PenaUies. 
Amended     4  2 
Via,  Ch.  II,  §3. 


Weir,  &.V., 
erected  contrary 
to  law  ijQ.iy  l)c  lie- 
Btroyud. 


Forfeiturcfsand 
ttenahies,  howrc 
ioverod. 


XII.  Any  person  who  shall  violate  aay  of  tli'  |»rovisionsof  thisclu 
fiT  shall  be  subject  to  a  penalty  not  exceeding  two  luHKlred  dollars,! 
ail  seines,  nets,  and  other  contrivances  used  f''>ritrary  to  theproviiy 
of  this  chapter  shall  be  forfeited,  and  may  be  sei/f  d  anddetamidMi 
the  trial  ot  tho  offender  by  any  justice,  sub-callecior  of  customs,  jT 
ventive  officer,  fishery  warden,  or  constable,  on  view,  or  l<y  virluet 
warrant  issued  by  such  justice,  sub-collector  or  jpre ventive  officer,  i 
conifdai  nt  made  on  oath  to  bo  sidinin  istored  by  either  of  them,  and,  a^ 
conviction,  the  same  may  bo  declared  forfeited  and  ordered  tobei' 
at  public  auction. 

XIII.  Any  justice,  sub-collector,  preventive  officer,  tif<herywaf 
or  constable,  may,  on  view,  destroy  any  weir,  rack,  frame,  Irain-j 
or  other  erection  or  barrier,  used  or  erected  contrary  to  the  provii 
of  this  chapter,  or  the  same  may  be  destroyed  by  virtue  of  a  « 
issued  by  any  justice,  sub-collector,  or  preventive  officer,  iipnnc 
jplaiut  made  on  oath  to  be  administered  by  either  of  them. 

XIV.  All  forfeitures  and  penalties  imposed  by  this  chapter shal 
recovered  with  costs  in  a  summary  manner  before  any  justice,! 
which  purpose  such  jiLstico  may  summon  or  arrest  the  olituider, 
compel  witnesses,  by  summons  or  warrant,  to  appear  heforobiu!,: 
upon  conviction  of  the  olfi^nder,  such  justice  shall  cause  all  scinesj 
and  other  contrivances  illegally  used,  to  be  sold  by  public  aiKtlou 
where  permitted  under  the  provisions  of  the  preceding  8ectiousg(| 
chapter,  destroyed ;  and  in  default  of  tho  payment  of  any  peualt,fj 
posed,  and  costs,  such  justice  shall  issue  his  warrant  and  cauiser 
offender  to  be  arrestetl  aud  i^nprisoncd  for  any  period  not  exo 
twenty  days. 


^^%ll 


ALLEGED   OUTRAGE   UPON   AMERICAN   FISHERMEN. 


275 


XV,  All  pmialtics  and  forfeitures  imposed  by  this  ehaptor,  and  tbo 
i  pnicwls  tbonof,  sball  bo  paid  to  tbe  party  informing  against  and  pros- 
1 1'cntiui,'  tbe  oll'ondor  tocouviction. 

!  XVI.  No  proceeding  or  conviction  by  any  justice  or  other  under  tbis 
^.j,!,,,ter shall  be  quashed  or  sot  aside  for  any  inlbrmality,  provided  tho 
(.aiiic  shall  bo  substantially  iu  accordance  with  the  intent  and  meaning 
oftliistliiipter.  _  ,  „     .        ^ 

XVII.  The  jfovenior  m  councilmay  appomt  the  collector  of  revenue 
I  f(ir  Lalinulor,  or  other  person,  to  be  superintendent  of  the  fisheries  on 

tb' coast  of  tbis  island  and  its  dependencies,  and  may  also  appoint 
tislii'iv  wiiKbiiH,  iuid  presciibo  their  duties  for  tho  purpose  of  ibis  ebap- 
t  r.  The  (onipcnsation  for  tho  services  of  such  oflicers  to  be  provided 
|bvtlieU'gi«liitiiro. 

XVIII.  Nothing  in  this  chapter  shall  affect  the  rights  and  privileges 
granted  by  treaty  to  tho  subjects  of  any  state  or  power  iu  amity  with 
Jlcr  Majesty. 


Appropiiation 
of  same. 


Convlctioiianot 
to  be  (|uaHh(!(l  I'ur 
waut  of  form. 


Governor  may 
appoint  Biiporhi- 
tendentofllHbery 
anil  tiaUery  war- 
duua. 


BeBorration  of 
treaty  riijbts. 


Anno  Tricesimo  Sexto  Victoria  Regin^. 

Cap.  IX.— an  ACT  to  regalate  tho  prosecution  of  the  seal  fishery. 
(Passed  5th  May,  IS?.").) 


Tbis  act  re- 
pealed, 42  Via, 
Ch.  1,  §  1. 


BETTIOX— 

,  Steamer  not  to  leave  before  10th  March  j 

pciiallv,  ifcc. 
,  Sailin)!ves««lsiiot  to  leave  before  5th 

March ;  pciiiilty,  ifec. 
.  Msnottolmkilled  before  12th March ; 

penttlty,  ii'.t  proviso. 
L  Action  nut  to  lie  lirouKhtafterl2  months. 
I  Custom-house   otUcers    not    to    clear 


Sectiox— 

steamer  before  9th  March,  nor  Bail- 
ing vessel  before  4th  March. 

6.  Modeofrocovory  of  lino;  approfmation 

of  do. 

7.  Persons  agfcrioved  may  appiy  to  sa- 

preme  court ;  proviso. 

8.  When  act  to  come  into  operauon. 


Wliiieas  it  is  expedient  to  make  certain  regulations  touching  tlio 
scciition  of  tbe  seal  lishery : 

Be  it  therefore  enacted  by  the  governor,  legislative  couacil,  and  as- 
nilily,  iu  session  convened : 

0  steamer  tjliall  leave  port  for  the  seal  fishery  before  tie  tenth  dar 
!i.  ill  any  year,  under  the  penalty  of  two  thoiisaud  doUarH.  to  be 
i!  from  theowner  or  otherperson  on  whose  .»  count  the  si 
\  e  been  sent  to  the  seal  fishery. 
Ill,  .Nosail  i  I),.':  vessels  .shall  leave  port  for  tbe  seal  fiMbery  before  the 
^yot. March,  iii  any  year,  under  the  penalty  of  fear  hundred  do] 
bo  riiovercd  from  the  owner  or  other  person  on  whose  account  sbkH 
Issd  shall  bo  sent  to  such  fishery. 

|lll.  Nil  seals  shall  be  killed  by  tbe  crew  of  anysteainerorsiiiUngveH- 
i'mstciiling  tho  said  fishery  before  the  twelfth  (day  of  March,  in 
/year,  under  a  penaltyof  four  dolbirs  for  every  seal  so  killed,  to  be 
iovered  from  theowner  or  other  person  as  aforesaid,  and  from  the 
iHcrofsiiid  vessel,  respectively  :  Provided,  in  the  case  of  the  owner 
lotlii  r  poisons  as  aforesaid,  that  such  owner  or  other  person  received 
jell  seals  with  notice  or  knowledge  that  the  same  had  boon  killed  be- 
t  the  twelfth  day  of  March. 

No  action  shall  be  brought  by  laiiy  person  to  recover  any  penalty 
bvidi'd  by  tbis  act  after  twelve  months  from  the  time  such  penalty 
kllliuvo  lieeu  incurred. 

}.  Xi)  (ifticor  of  Ilor  Majesty's  customs  in  this  colony  shall  clear  any 
amwfor  a  sealing  voyage  before  tho  ninth  day  of  March,  nor  any 
Bill;'  vessel  on  such  voyage  before  the  fourth  day  of  said  month  in 


I.  All  peualtica  incurred  under  the  provisions  of  this  act  shall  be 
1  tor  and  recovered  in  a  summary  maucor  before  a  stipendiary  mag- 
W(  liy  any  i)erson  who  may  sue  for  tho  same ;  one-half  of  such  penalty 
■Ugoto  tlii^  party  whc  shall  sue  for  and  prosecute  tbe  same,  and  the 
|ain(ler  to  ibo  receiver  general  for  the  use  of  tbo  public  hospitals. 
»1I.  It  any  per.son  shall  feel  himself  aggrieved  by  any  judgment  of  a 
pdiary  iimgiMtrato,  under  this  act,  he  shall  have  liberty  to  appeal 
fcvfrom  to  the  then  next  sitting  of  Her  Majesty's  supremo  court,  at 
[Jftbn's;  provided  notice  of  tho  same  be  given  to  tho  magistrate 


Preamble. 


Steamer  not  to 
leave  l>eforu  10th 
Baroh. 

^Itanilty,  &c. 

SailincvosHef 
not  to  leave  hn- 
fore  5th  March. 

Penalty,  &t;. 

Seals  not  to  be 
killed  before  12th 
Maieli. 

Penalty,  &c. 

Proviso. 


Action  not  to 
bo  broiiKht  after 
12  months. 

Custom-honse 
ofilcein  not  to 
<;Ii<ar  slounior be- 
fore 9th  March, 
nor  Huiling-vesHol 
before4th  March. 

Mode  of  recov- 
ery of  line. 

Appropriation 
of  fine. 


Persons  ag- 
grieved may  ap- 
ply to  supreme 
court, 

I'roviso. 


276 


ALLEGED   OUTRAGE    Ul'ON   AMEKICAN    EISIIERMEN. 


i 


within  twonty-foiir  lioiiirt alter Huch.jiKlfjmt'iit.Hliull  liiivo  liei'ii(ltlivtt(rf| 
(Uid  within  five  •lays  tlu-iviiftor  rtnu>j;nla:ii)ccH  or  other  McniritywiiiiJ 
witliont  Hurotiosiit  tlm  ()|>ti(>n  olNiich  niaf^it^tnito,  Hhall  ln'(iit(''ie(||||i,| 

to  pruHOcuto  thoHiiinu  without  doltty,  and  ptiy  Hiich  itnidiiiit  as  iiiavlil 
awarded  with  eosts. 
When    act   to     VIII.  This  act  shall  not  come  into  oiu-ration  until  the  (irat  daiil 
citmo  Into  opera- jjiQHury^  ju  ti,e  year  one  thousand  oij;ht  hiindn-d  and  eovtnty-fouri 


Cap.  VI,-A^ 


Anno  Tkicesimo  Octavo  Victoui.e  Rkoin.i;. 

Cap.  VII. — AN  ACT  to  nniond  iitlo  twciity-sovrii,  <^tia)it)ti' »iii>  limidml  ami  tn  i 
tlio  Cousoliduted  8t.ituti'a,  vntitlt'd  "Ul'  tbo  Coast  Fisliitricu." 

(Passed  17th  April,  1875.) 


Section— 

1.  Contriviiiinos  for  taking  aalmon. 

2.  £xt«nt  of  luill'dani,  &c. 

a.  Rubbish,  &c.,  not  to  bo  thrown  into 

rivers,  &c. 
i.  MeahuB  of  salmon  nets,  &.C. 


Sbction— 
f).  Governor  in  touncil  iiiiiv  make  i. 

hibitioiiH. 
0.  Penalty  for  violuliou  of  act; 

foitnro. 
7.  liepealiu;;  ulauso. 


Contrivancos 
for  tali  in);  aal- 
mon. 


Kxti-nt  of  niill- 
dain,  &.C. 


Rubbish,  ic, 
not.  to  lie  thrown 
into  rivers,  <fcc. 

AU'shea  of  sal- 
mon netfl,  &u. 


Govornor  in 
('  o  u  n  c  i  I  in  a  y 
makes  pro  h  i  b  1- 
tious. 


Tenalty  for  vio- 
lation of  act. 


Forfeiture. 


B  o  p  I'  a  1 1  n  K 

(!||UIN<1. 


Bo  it  enacted  by  the  {{ovcrnor,  liigislativo  council  and  assemljlv.i 
legislative  session  convoiK'd,  a.s  follows: 

I.  No  online,  niachiiie,  or  (;oiitrivance  what.soovcr,  for  taking  salimJ 
shall  be  set  or  placed  in  any  river,  streain,  lake  or  watcr-eoiuse,  estei 
nets  set  from  the  sides  and  extending  not  more  than  oiio-tbiidofiij 
width  of  the  water,  in  a  straifi;ht  line  across,  so  as  to  leave  themidli 
third  part  of  the  water  free  for  the  passage  of  salmon. 

II.  No  mill-dam,  weir,  rack,  frame,  traiiigate,  or  other  prodiom 
barrier,  shall  he  erected  in  or  across  any  river,  stream,  lakoonvatdj 
course,  to  a  f^reater  distance  than  one-third  of  the  wi<lili  oftheivat 
so  as  to  leave  the  middle  third  part  of  the  water  free  for  the  pass 
of  salmon. 

III.  No  sawdust  or  mill-rnbbish  shall  be  cast  into  any  river,  str(»ii| 
lake  or  watercourse. 

IV.  After  the  first  day  of  May,  which  will  bo  in  the  year  of  oiirl 
one  thousand  eight  hundred  and  seventj'-six,  no  net  shall  \m  iisedf| 
taking  salmon  the  mokes,  meshes,  or  scales  of  which  shall  be  less 
six  inches. 

V.  The  governor  in  council  may,  1)7  proclamation  to  ln'  jiiililishi 
the  Royal  Gazette,  at  any  time  inohibit  nets  lor  takin<j  siilnionC 
being  set  in  any  or  all  rivers,  except  the   Jfiimber,  Gander,  LittleJ 
and  Exploits  Rivers,  for  such  time  as  may  ho  deemed  expedient, 
such  proclamation  may  define  the  limits  of  such  riversat  thuiinioiil 

VI.  Any  person  violating  any  of  the  provisions  of  tliis  act,  on 
proclamation  issued  by  virtue  of  this  act,  upon  co'ivietion  UfforiJ 
justice  of  the  peace,  shall  bo  subject  to  a  jionalty  not  cxcccdin;' 
dollars,  or  imprisonment  for  any  period  not  exceeding  one  mnntli;i 
all  seines,  nets,  and  other  contrivances  used  contrary  to  the  iirovisid 
of  this  act  or  such  proclamation  as  aforesaid,  shall  be  Ibrfeitfii.f 
nets  of  a  smaller  niok<*,  incHli  or  sculo,  than  provided  in  section  m 
used  as  aforesaid,  after  thoiirstday  of  May  which  will  bointlioM 
of  our  Lord  one  thousand  eight  bundled  and  seventy-six,  sliiill| 
destroyed. 

VII.  The  sixth,  seventh,  and  eighth  sections  of  l^"'  * ■•■iMity-sevei^ 
the  "  Fisheries,"  chapter  one  hundred  and  two,  cm  '''  tli* 
Fisheries,"  of  the  Consolidated  Statutes,  are  hereby  it|MaU(l, 


ALLEGED   OUTRAGE    UPON    AMERICAN    FISHERMEN. 


277 


Anno  Tkicksimo  Nono  Victoui.e  Rkgin.e. 

Cai*.  VI.— an  act  to  nmuml  the  law  rulutinK  to  the  coant  tlshories. 
(PiisHwl  20th  April,  1870.) 


Skctions— 
4.  llui'i'iliK  not  to  be  taken  within  oer- 

tiiiu  times. 
!).  Penalty. 


ISRCTIONi*-" 

1.  tail.  1112,  aeo-  li  Con.  Statutes,  nmenil- 

('(1.  ,   , 

■',  S(w.  4of  cap.  102,  nmenUMl. 
'i  Siiuiiii)  not  to  bo  taken  with  seines,  itc. 

Ill)  it  enacted  by  the  govornor,  logiHlatlvo  council  and  assombly,  in 
iHsliitivoMOHnion  convonod,  a.s  follows : 

I.  Tho  Hist  Hi)(;tion  of  chaptc^r  ono  hundred  and  two  of  the  Consoli- 
liicil  Stiitiitos  i.s  li(U'el>y  anioiidod,  by  sub.stirtiiting  tho  words  "  twonty- 

IfiiiiMlay  of  April"  for  tho  "twelfth  day  of  April." 

II.  TIm'  fourth  .section  of  tho  said  cha])tor  is  horoby  anicinliMl  by  snb- 
iaiiii}{  till!  words  "tenth  day  of  May  "  for  "  twentieth  day  of  Ai)ril." 

III.  No  porsoii  siiall,  at  any  time,  haul,  catch,  or  take  squids,  witli, 
Ijii.  iir  liy  lueaiiH  of  any  seine,  liunt,  or  other  such  contrivance. 

IV.  N(i  i>er.soii  shall,  between  thehonrsof  twelve  o'clock  on  Saturday 
jii:lit  ami  twelve  o'<lock  on  Sunday  nif^lit,  haul  or  take  any  herriufj, 
Miiliii  or  NqniflH,  with  nets,  seines,  bunts,  or  any  such  contrivance,  or 
(I  or  (lilt  out  any  such  net,  seine,  bunt,  (tr  contrivance  for  the  pm'posi' 
lolsueli  liiiiiliii<{  or  takinjt. 

V.  Any  iierson  violatiiifj;  the  provisions  of  this  act  shall  be  subject  to 
klic same  penalties  as  are  jirovidcd  by  section  twelve  of  tho  said  chapter. 


Cap.  ]02,  seel, 
(yonnol.  Statutes, 
aniendvd. 

KopoalotI  42 
Vic,  rh.  1 1,  §2. 

See.  4  of  Ciij). 
102,  aintmilt'ii. 

Squills  not  to 
l>e  taken  witli 
HI  ines,  &.C, 

Horriii;;  not  to 
1)0  taken  williin 
certain  tiniOH. 

A  in  o  n  (I  o  il  40 
Vic,  ch.  13,  §  1. 

I'onalty. 


Anxo  Quadragesimo  ViCTom^  Begins. 

^Ar.  XIII.— AX  ACT  for  tlio  amendment  of  an  act  entitled  "  An  act  to  amend  the 
law  relating  to  the  coast  fisheries." 

(Passed  2Gth  April,  1877.) 

Section  l.— 39  Vic,  cap.  0,  see.  4,  to  apply  to  squid  jigginK- 

Wiiereas  it  is  expedient  to  aineuil  the  act  thirty-nine  Victoria,  chap-     Preamlile. 
^rsix,  eiuillfd  "An  act  to  amend  the  law  relatinj^  to  tho  coast  lish- 
jrk's,"  in  wanner  hereinafter  jtrovided. 

■He  it  enacted  by  tho  governor,  legislative  council  and  assembly,  in  K  n  ac  tint? 
jjgislative session  convened,  a.s  follows:  clause. 

|i.  fliiU  the  fourth  section  of  tho  said  recited  act  shall  be  held  to  39  vio.,  cap.  (i 
Jrluile  and  apply  to  the  .jigging  of  squids,  and  to  the  use  o.i'  any  con-  sec  4,  to  apply  to 
livanee whatever, and  toany  niodeof  takingandobtaiulug  nshfor  bait,  squid  .jigging. 


Anno  QuAimAOESiMO  Pbimo  Victori^e  Rkgin.*:. 
Cap.  XVI.— aw  ACT  respecting  the  flshtry  of  lobsters. 
(Passed  IGth  April,  1878. 


.TIOS 

i.  Governor  may,  after  enquiry  and  no- 
.  tiit.rfstricttiikinK  of  lol)Ht«Ts ;  and 
liwvide  for  eufore.inK  orders  ;    pen- 
I  iHy ;  may  vary  oiders,  or  revoke. 
*•  Orders,  alterations,  and  revocations. 


Sect  IDS 

to  be  published  in  Gazette  and  other 
paper. 

3.  Summary  Jurisdiction;  distress!  Im- 
prisonment. 

4.  Short  title.     . 


if  Ti.iitpd  by  the  governor,  legiHlativfl  council  and  assembly,  in     Enacting 
'hitu.  .-• -sion  convened  :  clause. 

lrS,.?i?i  '"i""  '"  ««^i»^'l  »'\y. 'ifter  such  public  enquiry  and  no-  oovernormay, 
yi^  .1!*  siiall  he  deemed  expedient  from  time  to  time,  by  order,  restrict  after  enquiry  and 
ipi'ojiliit,  either  entirely  or  subject  to  any  exceptions  and  regulations,  noti-ce,  restrict 
I*  fas.iing  for  and  taking  of  lobsters  within  any  district  or  parts  of  t^inj?  of  lob- 
pmetH  ill  this  colony  named  in  the  order,  during  such  period  of^**"""' 
*f»  or  during  such  period  oithoi'  iu  overly  year  or  in  such  number  of 


278 


ALLEGED   OUTRAGE    UPON    AMERICAN    FISHEUMEN. 


R! 


Aiidnrovlitttfnr 
eiit'orRinKordei'M. 

Miiy  viiry   or- 
dcru,  or  rovoke. 

Ordors,  iilfcrii- 

tiollH  Rllli  lUVUCIl- 

tioim  til  Im  pub- 
IIhIiciI  ill  (iiizt'tle 
ami  otliKF  |iit|it<r. 
SiiiiiniuryJiiriH- 
tliuliuii. 


IMatri'HH. 

Iiuprigonment. 
Short  title. 


yeiUH  us  may  Im  lii'nitt'd  by  i\f  order,  iiiul  iiuiy  l>y  tlio  okIit  prtniii, 
f(ir  tMi  fore  ill  j^  till!  oiiIit  uiul  iiiiy  |iroliil)itii>ii,  roHtriction,  or  M'tjiiluijup 
contaitiod  tlicroiii,  by  lincH  not  itxciHMJiii^  outi  liiiiidrrd  diillars. 

Tho  governor  in  coiiikmI  may,  by  order,  lioin  timo  to  tiiiu-,  vary  ami 
at  any  tinio  rovoko  an  order  iindHr  this  Hection. 

IL  All  orders  m.'ide,  and  all  alterationH  or  revocatinnH  of  oriloin imuli' 
nnder  thirt  act  Nliall  bo  imblished  in  tlio  lioyal  Gazette  and  oiieiiilifi 
newHpaner  in  thin  eolony,  for  tlio  jieriod  of  .1110  month  before  tlmniHw 
shall  take  etfoct. 

in.  All  otlbuceH  afraiimt  this  act,  or  againHt  any  order  iiiade  in  pur. 
snauce  of  this  act,  iiiuy  be  prosecuted,  and  all  iiiieH  under  tl  in  iKtur 
any  such  order,  may  be  recovere<l  with  co.stH  of  suit,  on  Himiri!iiry(nii. 
viction  before  ft,  Btipeiidiary  inagiHtrate  ;  and  in  default  of  payiiicntdf 
any  lino,  the  Maine  may  be  recovered  by  diMtrcHU  and  Hale,  of  tlio  otlVnii. 
er'H  goodH  and  chattels;  or  in  eusu  of  hucIi  default  he  iiiiiy  litunui. 
mitted  to  prison  for  a  period  not  t  scoediny  three  inontliH,  or  until  [lay- 
inent. 

IV.  This  act  may  be  cited  as  "The  lobster  act,  1878." 


Anno  Quadragksimo  Secunuo  Victoui.k  ReginvK. 

Cap.  I.— an  act  resprotlug  the  proRooutlon  of  the  stsal  flKliorv. 
(Passed  22nd  February,  1879.) 


Skctiox— 

1.  38  Vic,  cap.  9,  repealed. 

2.  Steamers   not   to   sail    before   10th 

March  ;  penalty. 

3.  SaiNn);  veHttels  iibt  to  sail  before  Ist 

Marcli;  penalty. 

4.  Seals  not  to  be  killed  before   12th 

March;  penalty;  proviso;  notice. 


Srction— 

6.  CatM  not  to  be  killed;  iiiniilty;  W. 

nitiun  ;  proviHo. 
0.  Limitation. 

7.  Tinifs  of  cloarance;  proviso;  Sm. 

days. 

8.  Kecovoryofponallii  h;  aiipropriiitioii. 
0.  Appeal;  piovi«0;  1  eco^iii-/',aBcc, 


B  n  a  0  t  i  u  £ 
olauHe. 

36  Vic,  cap.  9, 
repealed. 


Steamers  not  to 
sail  before  lUth 
M  arcli. 

I'enalty. 

Sailing  vessels 
not  to  sail  before 
1st  March. 

Penalty. 

Seals  not  to  lie 
killed  beforel2th 
.March. 

I'enalty. 

Proviso ;  notice. 


Cats  not  to  be 
killed. 
Penalty. 


Definition. 
Proviso. 


lie  it  enacted  by  the  governor,  legislative  council  and  assi'iubly, ia 
legislative  session  convened,  as  follows  : 

I.  The  act  jjassed  in  the  thirty  sixth  year  of  the  reign  of  llcr  presoiii  j 
Majesty,  entitled    "An  act  to  regulate  the  prosecution  of  Uio  Neallisli- 
ei'y,"  is  hereby  repealed. 

II.  No  steamer  shall  leave  port  for  the  seal  fishery  before  the  teiiili  I 
day  of  March  in  any  year,  under  the  penalty  of  two  thousand  (li)lliin  | 
to  be  recovered  from  the  owner  or  other  person  on  whosi;  iKjcounf  l' 
steamer  shall  have  been  sent  to  the  seal  fishery. 

III.  No  sailing  vessel  shall  leave  port  for  the  seal  fishery  liefonst 
first  day  of  March  in  any  year,  under  the  penalty  of  four  liiiiKlri'ildiil- 1 
lara,  to  be  recovered  from  the  owner  or  other  person  on  who.sf  acfuiiut  | 
such  vessel  shall  have  been  sent  to  such  fishery, 

IV.  No  seals  shall  be  kilU:d  by  the  crew  of  any  steamer  or  .siiiliiij.'Vt*  I 
sel  before  the  twelfth  day  of  March  in  any  year,  under  a  iR'iiaityi" 
four  dollars  for  every  seal  so  killed,  to  be  recovered  from  the  owncri'i  j 
other  person  as  aforesaid,  or  from  the  master  or  crow  of  the  xaid  vissoL 
or  from  the  parties  receiving  the  same,  respectively :  Provided,  tliiitiii  I 
case  of  the  owner  or  other  jierson  as  aforesaid,  that  such  owner  or  "ilin 
person  received  such  seals  with  notice  or  knowledge  that  the  sauiclini  | 
been  killed  before  the  twelfth  day  of  March  in  any  year. 

V.  No  immature  seals,  known  as  cats,  shall  be  killed  by  tlic  emdi 
any  steamer  or  sailing  vessel  at  any  time,  un<ler  a  penalty  of  fourdol'l 
lars  for  every  such  seal  so  killed,  to  be  recovered  from  the  receiver"!  I 
such  seals,  or  from  the  master  or  crew  of  any  such  steaniororvessfl. 
And  it  is  hereby  declared,  a  young  senl  pelt  of  less  weight  tluin  trnt.' 
eight  potinds,  shall  be  considered  an  immature  or  cat  seal :  PruviW. 
that  no  party  or  parties  referred  to  in  this  section  shall  be  liable  tollm  j 
penalties  of  fines  herein  stated,  unless  it  be  proven  that  overlive. 
cent,  in  number  of  seals  taken  on  board  or  landed  from  such  vewehi'  | 
of  less  weight,  each,  than  twenty-eight  pounds  aforesaid.    Thefin^ 
nnd  penalties  mentioned  in  this  section  to  apply  to  the  excess ovetr«n(«  j 
five  per  cent.  ;.    „ju  _..:  .;„^.„ -^  _._..;-.:,-..,.     i, 


ALLEGED   OUTRAGE   UPON   AMERICAN   FLSUERMEN. 


279 


VI.  Noll'  tloii  slinll  l»e  lironglit  by  any  pciKoii  to  re<!ovoiuiiy  pcimlly 
Lniviiled  I'y  ('''"^  '"'♦>  'iftf"  twnlvo  iiKHitlm  I'loiii  tli«  liiiio  Hiicli  piiiialiy 
Llmll  liavr  iM'fii  iiiciirn-il. 

VII.  No  (i/'i<cr  (if  Her  Majesty's  ciiHtomH  in  tliis  colony  sliitll  riearHny 
tcaimT  I'i'i'  a  Ht-'uli'ii;  voyiij{«  bel'orf,  t\w  ninth  day  of  Murcli,  or  iiiiy  nail- 

llinrvcHHcl  t'oi  11  m'lilinii;  voyutio  biiforo  tlio  liiMt  day  of  Febrniiiy :  I'ro- 
vitled,  that  ill  tln»  tnoiit  of  cii  'i«r  of  tli^Ho  days  fall iii>;  on  Siiinlay,8iicli 
vesNi  lis  limy  Im'  clcartd  on  tin     uececliiiK  Hatiirday. 

VIII.  All  pinallioH  inciirreu  under  tlio  ])roviHionN  of  thin  act  mIuiII  lie 
I  lufil  for  uiid  I'cc-oviu'L'd  in  aHiiuiinaiy  manner  lieforo  iiMtiiiendiary  nia^- 

intmti'  liv  any  perHon  who  may  hho  ifor  the  mune;  one-lialf  of  Hiu-h  peii- 
aJivnliall  K"  '"  *'^"  P'""*y  "''*'  '^lii'll  *«'"*  f'Taiid  jiroHecnfo  the  name,  and 
tlit'reiiiainiler  to  ll^e  reeeiv    itfeneral  f<     <ho  nse  of  jnililic,  hoHpitals. 

IX.  If  any  person  shall  feel  himself  a^-tievod  by  any  .jud>j;meiit  of  a 
ilipciKliuiy  iiia<{ifitrttte,  under  this  act,  he  shall  liavo  liberty  to  apjieal 
tinrcfrorii  to  tlio  then  next  sitting  of  II<m  Mnjesty's  supremo  court  at 
8t..loliii'«:  I'rovided,  tbat  notice  of  the  same  l.e  ^fiven  to  tlio  niHijistrato 
witLiiitwi'uty-foiir  hours  after  such  jiulpmenl shall  have  been  delivered, 
811(1  witliiii  live  day*  thereafter  recognizances,  or  otlier  security,  with 
or  without  Hiiretie.i,  at  tbo  option  of  such  magistrate,  shall  bo  on  tort  d 
into  to  proHcdite  the  same  wii  bout  delay,  and  pay  such  amount  as  may 
h  awarded,  with  costs. 


Liiiiilalion. 


Tlm*>R  of  clear 
an  Oil, 

Priivisoj    .Sun- 
days. 

Hi  CO  very  of 
jteuullieM. 

A|>iiropriatiuD. 


Appeal. 

Proviso. 
Bccognizance. 


Anno  Qt'AUUAOKSiMO  Secundo  Victohi^  Rkqin.*:. 

Cap.  II.— ax  ACT  to  amend  the  law  relating  to  the  coaHt  flHherioA. 
(Passed  IDtb  March,  1879.) 


|gi(-riO!»- 

1.  .No  lierrincs  tobotnken  Itetweon  20th 

of  OtU)l)t»r  aud  the  18th  of  April. 
except  iu  uetu  iu  the  cUHtomary 
miinniT. 

2.  Sw.  I  of  cap.  102,  of  title  27,  Coiisoll- 

dated  Statiiti-H,  and  Hootiou  X  ot'uut 
119  Vic,  repealed. 

3.  Section  12.  of  chapter  102,  of  title  27 

of  Cou8olitlated  Statutes,  amended. 

4.  Uwuer,  Sic,  conveying  herrings  in 


Se(  riON— 

bulk  t)t>t\Teon  20th  October  and 
IKth  April,  dluill  be  deeiuod  to  have 
caiigbt  such  hi'iring  contrary  to 
law. 

5.  ]'ow('rt(i.jn»ticf>B,  sub-collectors,  Sec, 
to  board  voshoIh  suHpccted  ;  penalty 
for  olmtructinK  ju.sticcs  or  other 
olllcors  in  diHcliarjio  of  duty. 

0.  Ai)pcal  to  the  supienio  court  in  St. 
Jojiu's  or  on  circuit. 


ii 


lie  it  ptiacted  by  the  governor,  legislative  couucil  and  assembly,  in 
le;;i(il»tivc  ses.sion  convened,  as  follows: 

I.  No  jierson  shall  haul,  catcb  or  take  herrings  by  or  in  a  seine  or 
btliPfKiich  eoutrivance,  on  or  near  any  part  of  the  coa.st  of  this  colony 
br  its  dependencies,  or  in  any  of  the  bays,  harbors  or  other  jdaees 
Ihnein,  at  any  time  between  tbo  twentieth  day  of  October  in  tiny  year, 
■ud  the  eijrliteenth  day  of  April  in  tbo  following  year,  or  tit  any  time 
liiifivis  ^Jise  a  wine  or  other  contrivance  for  the  catebing  and  taking  of  herrings, 
iiiiili^  ^Hf^^T'  l>y  way  of  shooting  and  forthwith  hauling  the  same  :  I'rovided, 
i\v;iir  ^Hpliat  uothing  herein  contained  shall  prevent  the  tak-ng  of  herrings  by 
(1  V(M;1  ^BietBiiet  in  the  usual  and  custom.try  manner,  and  not  used  for  in-barring 
,  that  111  ^^Btr  enclosing  herrings  iu  a  cove,  inlet,  or  other  place. 
Diiiilift^^B  II.  Se'itiou  one  of  chapter  ono  bundretl  and  two,  of  title  twouty- 
,aiinii.iil  ^^V*  ■'^U)  ff  the  Consolidated  Statutes,  entitled  "  of  the  coast  tisberies," 
uti  section  one  of  an  act  passed  in  the  thirty-nintli  year  of  tbo  reign  of 
Her  present  Majesty,  entitled  "An  act  to  amend  the  law  reltiting  to  the 
wast  lishcH,"  are  hereby  repetiled. 

nil.  Section  twelve  of  chapter  one  hundred  and  two,  title  twenty- 
fven.of  the  Consolidated  Statutes,  is  hereby  amended,  by  substituting 
Rewords  "two  hundred  dollars  "  ft.-  the  words  "  fifty  dollars." 

^IV.  Tlie  owners,  masters,  and  othor  peuons  managing  or  coutrolling 
■  'i  conveying  herrings  in  bulk  between  the  twentieth  day  of  Octo- 
»rmany  year  and  the  eighteenth  day  of  April  in  the  following  year, 
pll  he  deemed  to  have  ^lauled,  caught,  or  taken  such  herring  con- 
wto  the  provisions  of  chapter  Ouo  hundred  and  two  of  the  Con- 
Nidated  Statutes,  as  amevided  by  the  said  above  recited  act,  thirty- 
pM  Victoria,  chapter  six,  and  by  this  act,  unless  such  owner,  master, 


i:  II  a  c  t  i  n  g 
clause.* 

I'o  horrin^H  to 
°>'t  uiken  between 
t  1  .  20rhof  Octo- 
bi^r  and  the  IRtb 
of  April,  except 
iu  uetHin  cuittoiu- 
ury  manner. 


Section  1,  of 
chapter  102,  of 
title  27,  Consoli- 
dated Statutes, 
and  section  1  of 
act  :t9  Vic,  re- 
pealed. 

Sec.  12,  of  cap. 
102,  of  title  27,  of 
Consolidated 
Statutes,  amend- 
ed. 

Owner,  &c., con- 
veying herrings 
in  bulk  between 
20th  October  and 
18tb  April,  shall 
be  deem  oil  to 
have oanght such 
herring  contrary 
to  law. 


wn 


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Photographic 

Sciences 

Corporation 


23  WEST  MAIN  STREET 

WEBSTER,  K.V.  MS80 

(716)  S72-4503 


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280 


ATiLEGED   OUTRAGE   UPON   AMERICAN    FISF1ERMEN. 


1  1 


Power  to  Jim- 
tices,  Rnb-collect- 
orx.  &c.,  to  board 

VOHBOIS      8  U  e  - 

pucted ! 


Penalty  for  ob 
Rcructing  jti't 
tices  or  other  oid- 
cerH  ill  discharge 
of  duty. 

Appaal  to  the 
■upreine  court  iu 
St.  John's  or  on 
circuit. 


or  oMior  p«raon  fiforosiiitl  shall  iimko  proof  to  Ibo  contrary  boforuiijui 
iivA'i  of  the  pe.icd. 

V.  Any  justice  of  the  peaco,  stihcoilcctor  of  uimtoiiis,  prevt^utivecf. 
ficer,  tishery  warden,  or  couHtablo,  may  Ward  any  vitssel  mmpected  of 
carrying  herrinj^s  in  bulk  bfltween  the  twentieth  day  of  October  In  anj 
year,  and  the  eighteenth  day  of  April  in  the  following  year;  nuilij 
caHe  any  such  justice,  sub-collector,  i)reventive  oHlcer,  lishery  waiden 
or  conotabie,  shall  make  signal  to  any  vessel  suspected  us  aforesaid 
from  any  vessel  employed  by  the  government,  by  dipping  thoensit'cai 
the  main  peak  three  times,  and  bring  a  gun,  it  shall  be  th»ulutyoftbe 
owner,  master  or  person  managing  or  oontroUingsncli  vessel  wo  sifjuaiy 
to  heave  to  such  vessel  until  such  justice,  sub-collector,  prcveiitiveol! 
cer,  fishery  warden,  or  constabhs  shall  have  boarded-and  examined sii;li 
last-named  vessel;  and  in  case  of  such  master,  ovner,  or  porsoii  manaj- 
iiig  or  controlling  as  aforesaid  such  last-named  vessel  oniittiug  note  i 
heave  hei-  to,  or  to  afford  facilities  for  such  j;istico,  sub-collector,  pre.  I 
ventive  officer,  fishery  warden,  or  constable,  boarding  such  vessel,  or  ob- 
structing such  justico,  sub-collector,  preventive  olEcer,  ilshery  wardea 
or  constable,  boarding  or  examining  any  such  vessel,  hq  shall  be  sul 
ject  w)  a  penalty  of  five  hundred  dollars,  to  be  recovered  with  costs ia 
a  sunnncry  manner  before  a  justice  of  the  peace,  and  iu  case  defaalt  I 
shall  bo  made  in  the  payment  of  such  penalty,  such  justice  shall  imw 
his  warrant  and  cause  .luch  offender  to  be  imprisoned  for  a  period  uot 
exceeding  thirty  days. 

VI.  If  any  pprsou  shall  feel  himself  aggrieved  by  any  order  or  judg- 
ment of  such  justice  under  this  act,  or  under  the  said  chapter,  he  shall  [ 
have  liberty  to  appeal  to  the  Supreme  Court  iu  St.  John's  or  on  circuit,  I 
upv  a  giviug  snRicient  security  for  the  due  performance  of  such  order  or 
judgment,  if  confirmed,  and  for  the  payment  of  all  cost.i,  aud  to  pit* 
ccute  the  said  appeal. 


Depositions  of  James  L.  AndTson,  James  D.  Norwood,  Peter  Tiibodau,  James  Challow. 

and  Churlea  Dagle,  taken  in  relation  to  the  trouble  between  the  Canadian  and  American  fiii- 

ermen  at  Aspee  Baij,  Cape  Breton. 

Gloucesi  kk,  Sept.  8, 1879. 

I,  James  L.  Anderson,  of  Gloucester,  Mass.,  and  master  of  the  schooner  Cadet,  of  I 
Gloucester,  do,  on  oath,  depose  and  say  that  I  left  Gloucester  on  the  7th  of  Juue,  M,  I 
bo.ind  for  Aspee  Bay,  Cap-^j  Breton,  toiake  squid.  My  vtssel  was  fitted  and  furnished  I 
w'th  a  seine  for  the  taking  of  squid,  as  I  ronsidered  that  under  the  provisions  of  tie  I 
Treaty  of  Washington  I  had  the  right  to  take  fish  of  any  kind  within  three  miles ofthe  I 
Hhor93  Ox  the  Dominion,  aud  also  to  use  seines  or  other  apparatus  for  the  purpojie.  lar-[ 
rived  at  Aspee  Bay  on  the  20th  of  June;  tl  e  American  schooner  Bay  State,  Capt.Gixid-j 
win,  arrived  the  same  day.  He  was  fitted  with  aseine  for  the  purpose  of  takings(|uii  I 
'i'he  inhabitants  of  Aspee  Bay  came  ofi"  to  my  vessel,  and  seeing  the  seine  on  drtu 
nsUed.  me  what  I  intended  to  do  with  it ;  I  told  them  that  it  was  for  the  purpose  ofi 
taking  squid ;  they  then  left  my  vessel  and  went  on  shore.  The  next  morninjilwffltj 
oa  shore  and  was  met  by  a  fisherman  named  Gwiu,  who  ini'ormed  me  that  tiiil 
fishermen  of  the  place  had  consulted  together  and  had  made  up  their  minds  thsti 
no  seine  should  be  set  in  the  bay,  and  if  it  was  attempted  they  would  cut  it  up  aadl 
destroy  it,  and  that  they  would  serve  me  the  same.  I 

He  gave  as  a  reason  for  this  that  they  believed  the  usiug  of  the  seine  wonlddriTtI 
away  the  squid  ant'  ('iprive  them  of  bait  for  their  own  fisheries,  and  ruin  their  bmij 
ness  of  jigging  squ^d.  I  explained  to  them  that  squid  had  been  seined  iu  Chebuttol 
for  several  years  with  no  more  perceptible  decrease  of  the  squid  than  when  they  we»l 
caught  bv  jigs ;  that  the  same  amount  of  squid  would  be  taken  from  the  water  by  tbtl 
jigs,  as  there  are  some  two  hundred  men  who  fish  for  squid  at  that  place.  I  tadl 
that  it  was  useless  to  argue,  a«  every  time  I  went  on  shore  the  threats  were  repeat«!,| 
and  that  they  would  be  carried  out. 

I  then  attempted  to  compiomise  b^  offering  to  pay  them  for  all  the  squid  Iniijiit 
take  in  the  seine,  at  the  same  rate  as  if  they  caught  them  with  jigs,  and  divide  thel 
money  amonf^  thorn  equally.    They  said  that  if  my  seine  was  used  in  the  hay  that  ij 
would  establish  a  precedent  for  seining  there,  and  other  vessels  would  not  then  t 
l)rovented,  after  one  had  been  allowed  to  seine.    Finding  I  could  not  use  my  seiDe,^ 
knowing  that  if  it  was  cut  up  I  should  not  have  it  to  use  in  other  places,  and  bed 
p-ived  ofthe  means  of  getting  my  cn/go,  I  felt  obliged  to  give  it  up.    Whei  tl'^xliii* 
came  into  the  bay  there  wad  a  large  fleet  of  bankers,  and  if  I  could  have  iiwd ' 
seine,  I  could  have  supplied  every  vessel  with  bait  and  have  also  loaded  myofl 
vesijel  with  squid  to  sell  the  vessels  on  the  bauki.    For  ten  successive  days  the  f" 


ALLKGED   OUTRAGE   UPON   AMERICAN    FISHERMEN. 


281 


■3, 1879. 
Cadet,  of  I 
due,  W I 
furnisW  I 
110118  of  tli«  I 
esdflbei 
io,st).  U'- 
i1iI.(hhx1-| 

ll};w|illi| 
III!  lint  I 

purpose  (J 
uinnIWBtl 
le  tbitttiiil 
indit  tliiti 

,  it  up  and  I 

vo\M  drivel 
iheir  bmiT 
1  ChebiicMJ 

?aterbytlii| 
.  I  foaoll 
)  repeaHl 

lid  I  mig"! 
divide  tl»| 
bay  tbat  ij 
lot  then  b" 
jT  seine,  «N 
and  be  i 
jtl"-»<l™ 

d  my  o"! 
yg  tie '" 


IS  swaiiiiiii;^  with  squid,  but  not  opo  would  take  the  hook,  and  tiie  people  could  not 

'\'ll  of  tlio  vcshoIh  lyinj?  there  wore  oMiped  to  leave  without  obtaining  any  bait,  and  I 

■It  iilso  lor  Ciiett  ichanij) ;  fiiili  ii^  to  ti  iid  bfiuid  there,  I  returned  to  Aspee  Bay  on  the  iilat 

I  "f  Jniv  !>"i^  I'ouiiil  H(i'iid  in  the  bay  that  at  that  time  would  take  the.hook.     I  co/;i- 

I  neii('ed'liii.V'"K  "*  ^''"  hshernuMi,  having  over  sixty  boats  with  IHO  men  employed.    I 

ilaidlbr  tbis  lot  of  squid  If5()1.0(»  in  cash,  getting  about  two-thirdn  ri"  j,  cargo.     This 

opri)  I  carrii'd  to  St.  Pierre  and  sold  tlie  squid  for  (5i  francs  per  huiuired  to  tlie  .Jersey 

lislionm'n.     In  a  week's  time  I  came  back  to  Aspee  liay  and  found  sciuid  phnity  in  the 

[  liii\  111 '  tliey  wouhl  not  take  the  liook.     I  could  have  taken  all  thesquid  I  wanted  if 

iiild  iiiive  used  my  seine.     I  remained  three  days,  and  tinding  that  I  could  not  ob- 

I  tun  iinv  wniid.  as  they  would  not  bite,  I  left  the  bay,  and  I  then  started  for  New- 

fiiiinilliiiid,  and  in  the  dense  f.)g  the  current  set  the  vessel  on  the  Little  Miguelon, 

wbnrc  she  was  lost.     My  loss  or.  being  deprived  of  the  use  of  my  seine  on  my  lirst  trip 

I  would  lie  8i'^i,<W",  '^'^  f"-"  *'''*<  season  I  could  have  loaded  my  vessel  in  three  d.-iys  on  the 

Itiist  tiil)  and  would  have  had  them  in  St.  I'ierre's  at  least  three  weeks  ahead  of  any 

lotbiT  baiter,  and  as  the  squid  failed  at  St.  Pierre  this  se!»8oii,  1  could  have  jrot  $iSM  per 

iLiiiidred  for  them.     The  cargo  I  carried  there  three  weeks  later  I  got  ^l.2t)  jier  hun- 

Idredfnr.    I  should  have  been  at  no  expense  in  buyinjl  the8(iuid,  as  my  crew  could  have 

iM't  the  HPiiie  and  handled  fhe  lish  ;  on  my  soccuid  visit  I  paid  the  peo])]e  .'')61  doUai's 

jforii  partial  cargo,  and  the  third  trip  I  could  have  seined  my  cargo,  but  was  not  al- 

[lowi'd  to  and  the  squid  not  biting,  I  conld  not  purchase  from  the  people. 

Mv  third  triji,  by  being  so  deprived,  I  suffered  a  loss  of  at  least  2,000  dollars  The 
|i]ci;iV  the  nncerfainty,  and  the  consequent  Wfiste  of  time,  and  the  continued  expense 
of  niv  vessel  and  crew  obliging  me  to  cruise  from  port  to  port  in  search  of  tish, 
V lien  I  eonld  have  realized  full  cargoes  every  time  L  was  there,  witii  certain  sales,  will 
iiiit  lie  coniputed  in  tliis  amount,  but  simply  the  cost  of  the  squid  to  me  at  Aspee  Bay 
if  I  could  have  seined,  and  the  value  of  the  siiuid  at  St.  Pierre. 

Ill  this  whole  n:atier  no  fishery  olllcer  or  othcer  of  the  law  forbade  my  8eininf»  ;  the 
thifats  and  all  demonstrations  came  from  the  local  fishermen  acting  independent  of 
all  law  and  combined  together  to  act  as  a  mob,  violence  enforced  by  nnmbers  being 
tbiir  only  authority.  I  told  them  time  and  again  that  under  the  Treaty  of  Wash- 
in;;' on  1  had  ii  right  to  seine,  as  the  govcirnment  had  paid  5^  millions  of  dollars  for  this 
ii;;ht;  they  replied  that  they  cared  nothing  for  treaties  or  rights;  they  were  going  to  . 
take  care  of  themselves  ;  the  money  the  government  had  got  done  them  no  good,  but 
vbi'ii  they  got  cash  for  squid  it  did  them  some  good. 

Thi^inid  on  those  shores  are  about  a  third  grown  and  are  not  mature  enough  for 
itpawiiinn;  they  are  about  6  inciies  long,  and  they  grow  about  two  inches  iki  a  sum- 
finer;  the/  are  the  young  squid,  and  every  season  they  come  on  these  coasts,  always 
bf  yoiiiij^  lish ;  by  the  use  of  the  seine  it  makes  the  catch  a  certainty,  while  the  hook- 
ni;  process  cannot  he  depended  upon. 

On  this  trip  my  vessel  was  under  a  fishing  license  with  a  permit  to  touch  and  trade, 
|l  bad  a  few  hoots  and  shoes  and  some  cottons  in  case  I  iiad  occasion  to  trade.  On 
;«nivin,n  at  Aspee  Hay  I  reported  to  the  customs  officer  at  Northwest  Harbor,  and  en- 
itticd  my  vessel ;  the  most  of  my  goods  I  carried  to  St.  Pierre. 

Capt.  JAMES  L.ANDERSON. 

KsSKX,  8s:  '-'■'■■'  ■•'■■■■■    ■  •<;■'■■  ■     •  ■ 

Gloucestkh,  Sept.  12th,  1879. 
Personally  appeared  the  above  named  James  L.  Anderson,  who  made  oath  that  thft 
kbove statement  by  him  subscribed  is  true,  before  me. 

ADDISON  CENTER, 
.,      V  Justice  of  the  Peace. 


Gloucester,  Sept.  10,  1879. 

1,  Jame»D.  Norwood,  master  of  the  American  schooner  Messina,  of  Gloucester,  do 

kn  oath  depose  and  say  that  I  left  Gloucester  for  St.  Ann's  or  Aspee  Bay,  Cape  Breton, 

l)raiai(j;oof  sipiid  to  sell  for  bait.     I  had  been  in  these  ports  in  previous  years,  and 

caew  ihat  the  inhabitants  would  oppose  the  use  of  a  beiiie  in  that  bay,  and  conse- 

I'lontly  I  went  prepared  to  buy  my  squid. 

I  stopped  at  St.  Ann's  about  a  fortnight;  got  no  squid,  iis  they  would  not  bite; 

piiiiiweut  to  Aspee  Bay  and  found  that  the  scpiid  would  not  take  the  hook,  and  that 

people  had  opposed  the  use  of  any  seine  by  Captain  Anderson  or  any  other  per- 

^11    1  wuild  have  hired  a  seine  and  loaded  my  vessel  if  I  had  been  »  Mowed  what  I 

Msidcrod  my  rights  under  the  Treaty  of  Washington,  but  finding  the  pt^ople  in  such 

[iletermined  and  threatening  attitudo  I  knew  it  would  be  useless  to  try  to  get  my 

Vijo  there,  and  left  for  Newfoundland.     I  arrived  at  Torbay,  where  I  bought  :100,000 

hnirtofihe  local  fishermen,  paying  900  dollars  in  cash  for  them. 

I Tbe  same  hostility  to  Anie-icans  taking  their  owl  bait  with  seines  ex'sts  at  New- 


.Ii4!:- 


282 


ALLEGED    OUTRAGE   UPON   AMERICAN   FISHERMEN. 


<14 


I? 


is. 


foinullaml  as  af,  Cape  Breton.  The  fiHliornien  can  make  twice  the  amount  of  nionet 
takiujj;  wquid  for  tho  American  bankers  and  baiters  than  they  can  in  their  usual  avi 
cation  ot  codlishing,  and  tliey  will  not  bo  deprived  of  this  lucrative  trade  if  they  can 
help  it.  It  is  cash  to  them,  and  the  women  and  boys  join  with  the  local  tishermen  in 
the  light  work  of  takinjf  8<iuid  with  jigs.  Tho  whole  community  shares  in  tliewiuij 
lishery  and  in  tho  URtney  they  receive  for  them. 

In  my  judgment  full  one  liu.idred  thousand  dollars  is  paid  annually  on  tliesfishora 
for  bait  alone,  and  this  could  all  be  saved  if  the  Americans  could  use  thttir  Heiiie«t3 
take  bait;  and  tin.  bait  if  not  purcliased  by  the  American  fleet  would  be  UHeliwaDd 
valueless  to  the  people. 

I  have  been  informed  that  there  is  a  local  law  against  seining  squid  at  Newfoimil. 
laud.  The  ])resent  mode  of  taking  sciuid  by  jigs  is  a  slow  process,  costing  the  Ameri- 
cans a  great  loss  of  time,  when  if  the  seine  could  be  used  it  would  save  two-thirds tlie 
time  it  now  takes  to  got  bait.  Each  banker  now  has  to  spend  at  least  30  dayHoutof 
each  trip  in  going  around  from  jjlacc  to  place  for  bait,  as  when  tho  squid  will'iiottake 
the  hook  nono  can  bo  obtained,  and  the  seine  makes  tho  catch  a  certaintv. 

JAMES  D.  NOIiWOOD, 
Master  of  Schooner  Mmmt, 
Essex,  sa:  /    « 

Gi;oucE8TER,  Sejti.  10, 1879, 
Personally  appeared  the  above-named  James  D.  Norwood,  who  made  oath  thatjhe 
above  statement  by  him  subscribed  is  true,  before  me. 

ADDISON  CENTER, 

Justice  of  the  Peace. 


Gloucester,  Sept.  10, 1879. 

I,  Peter  Thibodau,  master  of  tho  American  schooner  Lizzie  J.  Joues,  of  Gloucester, 
do,  on  oath,  depose  and  say,  that  I  left  Gloucester  in  the  said  vessel  on  the  3rd  of  Jiiue, 
1879.  for  Aspee  Bay,  Cape  Breton,  on  a  trip  for  squid.  I  was  not  fitted  with  a  seine, 
but  was  prepared  to  buy  for  this  season ;  that  tho  previous  year  I  was  at  Aspee  Bay 
with  Capt.  Dagle,  and  knew  that  the  fishermen  there  would  not,  under  any  circum- 
stances, permit  a  seine  to  be  nsed  there. 

I  was  at  Aspee  Bay  when  Capt.  Anderson,  of  the  schooner  Cadet,  tried  to  nse  bis 
seine,  and  Capt.  Anderson  asked  me  to  assist  him  in  using  his  seine  for  seining  tlie 
squid,  but  tho  local  fishermen,  to  a  man,  united  in  threatening  destruction  to  the 
seine  or  aL:y  one  who  attenvpted  to  use  it  in  that  bay. 

I  am  pcirfectly  sure  that  the  seine  would  have  been  destroyed,  as  the  people  warned 
me  from  having  anything  to  do  with  it,  and  were  constantly  on  the  watch  to  see  if 
Anderson  attempted  to  use  it,  and  were  prepared  to  attack  him  on  tho  first  demoiistrj- 
tion  on  his  part.  I  did  not  get  but  3,000  squid  ut  Aspee  Bay.  My  vessel  would  take, 
as  a  cargo,  500,000. 

All  of  the  vessels  could  have  been  loaded  with  squid,  could  the  seine  have  been 
used ;  the  bay  was  swarming  with  them. 

I  told  the  people  that  Americans  had  tho  right  to  take  these  squid  with  8eine8,aDd 
they  said  they  cared  nothing  for  that;  they  should  and  would  protect  themselves;  if 
they  allowed  seining  it  would  ruin  their  business  of  jigging  squid,  and  thon  they 
thought  the  seining  would  drive  avvay  the  scjnid  from  the  bay. 

At  this  place  the  local  fishermen  have  no  money,  except  what  they  get  from  the 
Americans  for  squid,  and  they  say  if  this  trade  is  taken  from  them  they  will  have  no 
money  to  pay  their  taxes,  «&c. 

They  usually  receive  from  tlie  local  traders  goods  and  groceries  for  the  lish  tliey 
take  during  the  sea.son,  while  the  Americans  pay  cash  for  the  squid  and  bait  they  liny, 

I  was  obliged  to  leave  Aspee  Bay,  as  I  could  not  obtain  any  squid,  as  they  woulii 
not  bite. 

I  then  went  to  Newfoundland  to  Conception  and  Trinity  Bays,  where  I  hongbt  D.y 
8(iuid  of  the  local  fishermen. 

The  feeling  is  the  same  at  Newfoundland  as  at  Aspee  Bay  against  seining. 

No  American  will  be  allowed  to  use  a  seine  to  take  squid  in  any  of  tho  baysorcove! 
of  Newfoundland  under  penalty  of  destructioo  of  the  seine.  I  have  heard  the  people 
say  this  over  and  over  again,  and  know  that  it  is  impossible  to  obtain  what  weeoa 
sider  our  rights  in  this  respect  under  the  Treaty  of  Washington. 

PETER  THIBODAU,    [skal] 
Master  of  the  Schooner  Lizzie  J.  Jom*. 
Essex,  sa: 

Gloucester,  Sept.  10, 1879. 
Personally  appeared  the  above-named  Peter  Tholbodau  before  me,  and  madenalli 
that  the  above  statement,  by  him  subscribed,  is  true. 

ADDISON  CENTER, 
Jwtioi  0/  thtFm 


Subscribed  ai 


ALLEGED   OUTRAGE   UPON   AMERICAN   FISHERMEN. 


283 


.laiiu's  Clialloner,  of  Wliito  Point,  Asp^e  Bay,  being  duly  sworn,  do  depose  and  say : 
Tliiit  about  .July  'iOtli,  187!t,  Captain  Anderson,  of  the  Hcbooner  Cadet,  of  Oloneester, 
am''  to  w"  me  and  said  tliat  bis  vessel  tbe  previous  season  bad  done  very  well  witli 
siiiiiilwliiLli  tbey  bad  purcbased  bereand  bad  sold  at  St.  Pierre  Miqnclon ;  and  tbafc 
tlieie  were  ten  vessels  tbis  year  engaged  in  the  same  business,  and  oigbt  of  tbeni  did 
(oiiie  tothis  bay  for  tbe  purpose  of  getting  squid  and  carrying  tbem  to  tbe  banks  for 
sale  to  the  bankers,  and  remained  bere  until  about  tbe  KJtb  of  .J  nly.  Captain  Anderson 
iiiul  Captain  Goodwin,  of  tbe  Bay  State,  had  a  seine  for  tbe  purpose  of  seining  squid  in 
thebavaud  did  notattenipt  to  use  it  because  tbe  tisliernien  would  not  allow  them  to 
do  so-  they  th'eatened  to  cut  tbe  seine  if  they  placed  it  in  tbe  water;  there  never  has 
lucn  bi't  one  seine  ca«t  in  this  bay,  and  bad  Captain  Anderson  thrown  bis  seine  he 
would  have  swept  the  whole  school  of  squid  in  the  cove  and  tbe  fishermen  would  have 
been  deprived  of  all  their  bait  for  the  season.  Last  season  the  Americans  purchased 
their  squid,  giving  SiO  cents  per  hundred,  and  tbis,  when  the  squid  are  plenty,  is  a  source 
of  iirotit  and  a  largo  part  of  the  business  of  tbe  inbabifsmts.  Captain  Anderson  could 
have  purchased  all  be  wislied,  but  if  the  iisbermen  bad  allowed  him  to  seine  they 
would  have  lost  tbe  money  paid  for  the  squid  by  the  cod-fishermen  from  tbe  banks. 
No  opposition  was  made  to  Captain  Anderson's  catching  squid  by  book  and  line. 

American  and  French  bankers  come  here  every  summer  for  bait,  and  if  Captain 
Anderson  had  taken  nil  the  squid  by  bis  seine  tbe  bankers  would  have  been  forced  to 
iiurchaso  of  bim  instead  of  the  native  fifbermen,  r^'  whom  there  are  about  one  hun- 
dred aud  fifty.  I  am  not  aware  of  any  colonial  law  against  securing  squid.  The  only 
reason  the  inhabitants  threatened  Captain  Anderson  was  that  he  would  ruin  their 
sijiiid  catch.  The  only  fishery  otBcer  lives  af  Fragnish,  down  tbe  coast.  Some  New- 
foundlanders living  near  here  attempted,  a  little  while  ago,  to  iise  seines  for  taking 
caplin,  but  the  natives  would  not  pen»iit  them  to  do  so.  I  have  been  a  resident  bere 
for  thirty  years  and  engaged  in  tbe  business  of  purchasing  fish 

White  Point,  Br.  Vic,  17tb  Aug.,  1879. 

J.  A.  CHALLONl.R. 

i    Subscribed  and  Bwom  to  before  me  this  seventeenth  day  of  August.  1879. 

J.  H.  SEARS, 
Ensign  U.  S.  Navy,  U.  S.  S.  Kearsarge. 


Charles  Dagle,  captain  of  the  schooner  Joseph  Story,  being  duly  sworn,  doth  depose 

I  aud  say  that  he  was  at  Asp^e  Bay,  Cape  Breton,  in  the  latter  part  of  June,  1879,  for 

the  purpose  of  purcba-sing  squid  to  cfurry  to  St.  Pierre  for  bait  for  the  French  bankers  ; 

that  while  he  was  there  Captain  Anderson,  of  tbe  schooner  Cadet,  of  Gloucester, 

Massachusetts,  who  came  for  tbe  purpose  of  catching  sqrid  at  that  place,  and  squid 

not  lieinj;  obtained  in  sufiQcient  numbers  Ivy  jigging,  attempted  to  use  asquid  seine  for 

the  purpose  of  catching  the  squid  which  schooled  in  great  numbers,  but  would  not 

hite  at  the  jig.    The  inhabitants  of  Aspde  Bay  threatened  that  if  he  set  his  seine  they 

wonldcut  itand  there  would  be  trouble,  as  selling  squid  wastbeironly  way  of  making 

pioney  during  the  summer  season,  and  if  a  seine  was  used  yn  the  covo  ail  the  squid 

hvonldbe  taken  or  driven  away,  and  tbey  would  lose  all  their  summer's  employment, 

las  squid  was  the  only  bait  tbey  could  obtain  for  catching  cod.     They  were  willing 

I  that  Captain  Anderson  should  jig  bis  squid  or  purchase  of  them.     Captain  Anderson 

[left  the  bay  without  a  trip  of  squid,  while  if  he  bad  used  bis  seine  be  would  probably 

I  hiive  tilled  his  vessel. 

1  hat  I  have  just  come  back  from  Torbay,  Newfoundland,  near  St.  John, with  ninety- 
jom  tliousand  squid,  which  were  all  purchased  of  tbe  inhabitants  there.    That  there 
jisihiw  in  force  in  Newfoundland  against  seining  s<juid,  which  forces  us  to  purchase 
piuhc  natives,  aa  we  have  no  time  to  take  them  by  tbe  slow  process  of  jigging. 

CHARLES  DAGLE. 

•^woru  to  before  me  at  St.  Pierre,  Miq.,  this  19th  August,  1879. 

[•^KAL.]  w.  F.  Mclaughlin, 

Vic»-Conm'l  Agt.,  U.  S.  A. 


House  Ex.  Doc.  No.  19,  Forty-ninth  Congress,  second  session. 

RIGHTS  OF   AMERICAN  FISHERMEN    IN  BRITISH  NORTH 

AMERICAN    WATERS. 


MESSAGE 

I 

FROM   THK 


PRESIDENT  OF  THE  UNITED  STATES, 


T11AN8MITTINQ 


A  letter  from  the  Secretary  of  Statcn  accompanied  by  the  corresponiim 
relating  to  the  rights  of  American  jishermen  in  British  North  Amerm 
waters. 


Decrmbbk  8,  1886. — Referred  to  the  Committee  on  Foreign  Affuiru  ind  ordered  toU 

printed. 


To  the  Senate  and  House  of  Representatives  of  the  United  States : 

I  transmit  herewith  a  letter  from  the  Secretary  of  State,  which  is  ac 
companied  by  the  correspoudeuce  in  relation  to  the  ri<i[ht8  of  American 
lishermen  in  the  British  North  American  waters,  and  commend  to  your 
favorable  consideration  the  suggestion  that  a  commission  be  authorized 
by  law  to  take  perpetuating  proofs  of  the  losses  sustained  during  the 
past  year  by  American  lislierineu,  owing  to  their  unfriendly  and  unwar- 
ranted treatment  by  the  local  authorities  of  the  maritime  provinces  of 
the  Dominion  of  Canada. 

I  may  have  occasion  hereafter  to  make  further  recommendations  dar- 
ing the  present  session  for  such  remedial  legislation  as  may  become 
necessary  for  the  protection  of  the  rights  of  our  citizens  engaged  in  the 
open-sea  fisheries  of  the  North  Atlantic  waters. 

GROVER  CLEVELAND. 
Executive  Mansion,  ..  >  ■ 

Washington,  December  8, 1886.  /      '   ;'■:" 


.  Department  op  State, 

V  Washington,  December  8, 1886, 

To  the  President  : 

The  Secretary  of  State  has  the  honor  to  submit  to  the  President,  wit 
a  view  to  its  communication  to  Congress,  the  correspondence  relative  to 
the  fisheries  in  the  waters  adjacent  to  British  North  America,  which 
has  taken  place  during  the  present  year. 

384 


RiaiiTS    OK    AMKRICAN    FIHIIEKMEN. 


oor. 


It  will  disclose  the  aetitn  of  this  Dopartinout,  and  of  our  niiuistor  to 
Great  Hritaiii,  in  relation  to  the  disputed  coiistruction  of  Jhe  couvoiition 
of  1818,  and  what  has  been  done  to  i>ro(!nre  sueh  an  interi)retati(Mi  of 
its  provisions  as  will  be  acceptalde  to  both  parties  to  that  instrument, 
and  consistent  with  their  mutual  interest  and  honor. 

From  time  to  time  since  the  conclusion  of  the  trc^aty  of  1818,  difler- 
eiices  have  arisen  between  the  two  Governments  as  to  the  extent  of  the 
renuuciation  by  the  United  States  of  their  formei  lishing  rijfhts  in  com- 
mon in  tlie  littoral  waters  of  British  North  America,  and  the  true  defi- 
nition of  the  rights  and  privilefjes  retained  by,  ami  expressly  {guaran- 
teed to,  tlie  United  States  in  the  first  article  of  that  convention. 

Tbe  history  of  this  iiuestion  during?  the  period  from  1818  to  the  pres- 
ent time  has  been  one  of  unsuccessful  attempts  to  adjust  the  re8i)ective 
claiuis,  and  occasionally  the  difficulties  have  been  bridged  over  by  tem- 
l)orary  arrangements,  notably  by  the  treaty  of  Washington  of  June  5, 
1854,  and  by  the  treaty  of  Washington  of  May  8, 1871,  the  fishery  arti- 
cles of  the  latter  having  been  abrogated  by  the  United  States  on  June 
30, 1885. 

It  is  deeply  to  be  regretted  that  the  eflforts  of  this  Department,  as 
siiowi  by  the  corresj)Oiidence  now  submitted,  to  arrive  at  such  an  agree- 
ment as  would  permit  instructions  of  like  tenor  to  be  issued  by  the 
Govenunents  of  Great  Britain  and  tke  United  States,  to  guide  the  cit- 
izens of  the  respective  nationalities  in  the  unmolested  exercise  of  their 
rights  of  Hshing  in  the  waters  in  question,  and  defining  the  limits  of 
lawful  action  therein,  have  not  as  yet  reached  a  final  and  satisfactory 
result. 

Although  propositions  are  now  pending  for  consideration,  which  it 
is  hoped  may  prove  the  basis  of  a  just  and  permanent  settlement,  yet 
as  supplementary  to  the  published  history  of  this  long-standing  subject, 
and  as  illustrating  the  obvious  necessity  in  the  interest  of  amity  and 
good  neighborhood  of  having  a  clear  and  well-defined  understanding 
of  the  relative  rights  of  the  two  Governments  and  their  respective  citi- 
zens, it  is  considered  expedient  that  Congress  should  have  full  knowl- 
edge of  the  action  of  the  Executive  in  the  premises  to  assist  them  in 
their  deliberations  upon  this  important  subject. 

It  will  be  observed  in  the  course  of  this  correspondence  that  notifica- 
tion has  not  failed  to  be  duly  given  to  the  Government  of  Great  Britain, 
that  compensation  is  expected  for  the  loss  and  damage  caused  to  Amer- 
ican fishermen  by  the  unwarrantable  action  of  the  local  autI"^riMe8  of 
the  Dominion  of  Canada,  not  merely  by  the  summary  seizure  of  lueir 
vessels  and  the  exaction  of  heavy  fines  in  advance  of  hearin.'j  v,)r  judg- 
ment, but  for  the  curtailment  of  privileges  to  which  they  were  justly 
entitled  under  commercial  regulations  as  well  as  treaty  stipulations, 
and  the  consequent  interference  with  their  legitimate  voyages,  whereby 
tlie  natural  profits  of  their  industry  were  seriously  diminished,  and  in 
many  cases  wholly  destroyed. 

It  would  seem  proper  that  steps  inperpetuam  rei  meinoriam  should  be 
taken  by  Congress  to  allow  proofs  to''be  made  and  placed  upon  record 
of  these  losses  and  injuries  to  our  citizens,  to  enable  them  to  be  prop- 
erly presented  lo  Her  Majesty's  Government  for  settlement ;  and  that 
for  this  purpose  a  commission  should  be  authorized  by  Congress  to  take 
the  necessary  proofs  of  the  respective  claimants. 

Respectfully  submitted. 

T.  F.  BAYARD. 


286 


BIGHTS   OP   AMERICAN   FISHERMEN. 


LIST  OF  INCLOSUBES. 


II.— ConuEKi 


I.— CORUK8PONDENCK  BKTWEKN  TUB  DKPARTMKNT  OP  STATE  AND  THE  BkITISH 

Leqation  in  Washinqton. 


¥ 


1.— Sir  L.  West  to  Mr.  Bavard,  March  19,  1886. 

2.— Mr.  Bayard  to  Sir  L.  West,  March  23, 1886. 

3.— Sir  L.  West  to  Mr.  Bayard,  March  24,  1886. 

4.— Mr.  Bayard  to  Sir  L.  West,  May  10,  1886. 

5.— Sir  L.  West  to  Mr.  Bayard,  May  10, 1886. 

6.— Mr.  Bayard  to  Sir  L.  West,  May  20, 1886. 

7.— Mr.  Bayard  to  Sir  L.  West,  May  22, 1886. 

8.— Mr.  Bayard  to  Sir  L.  West,  May  29, 1886.    . 

9.— Sir  L.  West  to  Mr.  Bayard,  June  2,  1886. 
10.— Mr.  Bayard  to  Sir  L.  West,  June  2, 1886.  , 

11.— Mr.  Bayard  to  Sir  L.  West,  June  7,  1886. 
12.— Sir  L.  West  to  Mr.  Bayard,  June  8,  1886. 
13.— Mr.  Bayard  to  Sir  L.  West,  June  14,  1886.      . 
14.— Sir  L.  West  to  Mr.  Bayard,  June  15,  1886. 
15.— Sir  L.  West  to  Mr.  Bayard,  June  18,  1886  (with  incloanros). 
16.— Mr.  Bayard  to  Sir  L.  West,  July  2,  1886. 
17.— Sir  L.  West  to  Mr.  Bayard.  July  3, 1886.     . 
18.— Sir  L.  West  to  Mr.  Bayard.  July  .3,  1886.  , 

19.— Mr.  Bayard  to  Sir  L.  West,  July  10,  1886. 
20.— Mr.  Bayard  to  Sir  L.  West,  July  10, 1886. 
21.— Mr.  Hardinge  to  Mr.  Bayard,  July  12,  1886. 
22.— Mr.  Hardinge  to  Mr.  Bayard,  July  12,  1886. 
23.— Mr.  Bayard  to  Mr.  Hardiiige,  July  16,  1886.        .     ,  ., 

24.— Mr.  Hardinge  to  Mr.  Bayard,  July  17, 1886. 
25.— Mr.  Bayard  to  Sir  L.  West,  July  30,  1886.  • 

26.— Mr.  Hardinge  to  Mr.  Bayard,  July  31,  1886. 
27. — Mr.  Hardinge  to  Mr.  Bayard,  August  2,  1886  (with  inclosarest. 
28.— Mr.  Bayard  to  Mr.  Hardinge,  August  9, 1886. 
29.— Mr.  Hardinge  to  Mr. Bayard,  August  10, 1886.     ,  ,.     ,' 

30.— Mr.  Bayard  to  Sir  L.  West,  August  17, 1886.        >  " 

31.— Sir  L.  West  to  Mr.  Bayard,  August  18, 1886.  :   .• 

32.— Mr.  Bayard  to  Sir  L.  West,  August  18,  1886. 
33.— Sir  L.  West  to  Mr.  Bayard,  August  18,  1386.        i 
34.— Sir  L.  West  to  Mr,  Bayard,  August  19,  1886.  '      .j 

35.— Sir  L.  West  to  Mr.  Bavard,  September  1,  188G.      " .',  ■  :. 

36.— Mr.  Bayard  to  Sir  L.  West,  Septombor  10,  1886.      •        '  '     n) 
37.— Sir  L.  West  to  Mr.  Bayard,  September  11, 1886.  '.        ,/    . 

38.— Sir  L.  West  to  Mr.  Bayard,  September  17,  1886. 
39.— Sir  L.  West  to  Mr.  Bayard,  September  18,  1886. 
40.— Mr.  Bayard  to  fctr  L.  West,  September  23,  1886. 
41,— Sir  L.  West  to  Mr.  Bayard,  Septombor  25,  1886. 
42. — Sir  L.  West  to  Mr.  Bayard,  October  12,  1886  (with  an  inclosure). 
43. — Sir  L.  West  to  Mr.  Bayard,  October  12,  1886  (with  inclosures). 
44.— Mr.  Bayard  to  Sir  L.  West,  October  19,  1886. 
45. — Mr.  Bayard  to  Sir  L.  West,  October  20,  1886  (with  an  inolosnre). 
46.— Sir  L.  West  to  Mr.  Bayard,  October  21,  1886. 
47.— Mr.  Bayard  to  Sir  L.  West,  October  27, 1886. 
48. — Sir  L.  West  to  Mr.  Bayard,  November  1,  1886  (with  inclosures). 
49. — Sir  L.  West  to  Mr.  Bayard,  November  9,  1886  (with  an  inclosure). 
50. — Mr.  Bayard  to  SirL.  West,  November  11,  1886  (with  inclosures). 
51.— Sir  L.  West  to  Mr.  Bayard,  November  12,  1886. 
.V2.— Sir  L.  West  to  Mr.  Bayard,  November  15,  1886. 
53.— Mr.  Bayard  to  Sir  L.  West,  December  1,  1886  (with  inclosures). 
54. — Sir  L.  West  to  Mr.  Bayard,  December  6,  1886  (with  inclosures  and  oop7(rf  j 

Canadian  customs  act  of  1883). 
55. — Sir  L.  West  to  Mr.  Bayard,  December  7,  1886  (with  inclosures). 
56. — Sir  L.  West  to  Mr.  Bayard,  December  7,  1886  (with  inolosores). 
57.— Sir  L.  West  to  Mr.  Bayard,  December  7, 1886  (with  inclosares). 


RIGHTS   OF   AMERICAN   FISHERMEN. 


287 


II  — ConUESrONDBNCK    BETWEEN    THE  DEPARTMENT    OF   StATB    AND   THK    UNITKD 

States  Legation  in  London. 

58  -Mr.  Bayard  t^  Mr.  Phelpa  (No.  289)  May  11,  1866. 

51)  -Mr.  Bayard  to  Mr.  Phelpa  (No.  303)  May  21,  1886. 

tiO.— Mr.  Bayard  to  Mr.  Phelps  (No.  310),  June  1,  1886. 

61  —Mr.  Phelps  to  Mr.  Bayard  (No.  293),  June  5.  1886  (with  an  in  'losare). 

62.-Mr.  Bayard  to  Mr.  Phelps  (No.  328),  June  18,  1886. 

63.— Mr.  Bayard  to  Mr.  Phelps  (No.  329),  June  18,  1886  (with  inolosures). 

64  —Mr.  Bayard  to  Mr.  Phelps  (No.  369),  July  29,  1886  (with  inolosures). 

65.— Mr.  Bayard  to  Mr.  Phelps  (No.  372),  July  30,  1886. 

66,— Mr.  Pholps  to  Mr.  Bayard  (No.  351),  September  13,  1886  (with  inclosuren). 

67.— Mr.  Porter  to  Mr.  Phelps  (No.  414),  September  29,  1886. 

68.— Mr.  Phelps  to  Mr.  Bayard  (No.  372),  October  12,  188()  (with  an  inclosure). 

69.— Mr.  Bayard  to  Mr.  Phelps  (No.  434),  October  20,  1886. 

70.— Mr.  Bayard  to  Mr.  Phelps  (No.  452),  November  6,  1886. 

71.— Mr.  Bayard  to  Mr.  Phelps  (No.  462),  November  20,  1886. 

III.— Miscellaneous.  Selections  from  Correspondence  of  the  Department 
OF  State  with  Pabties  lntkrestkd  in  American  Fisuinq  Vessels  molested 
LV  Canadian  Waters. 

72.— Messrs.  Cushing  and  McKenney  to  Mr.  Bayard,  telegram,  Portland,  April  9, 

1886. 
73.— Mr.  Bayard  to  Messrs.  Cushing  and  McKonney,  telegram,  April  9, 1886. 
74.— Mr.  Woodbury  to  Mr.  Bayard,  May  21,  1886  (with  inolosures). 
75.— Mr.  Woodbury  to  Mr.  Bayard,  May  22,  1886.  .  ■  .  ^ 

76.— Mr.  Steele  to  Mr.  Bayard,  May  22, 1886  (with  inolosures). 
77.— Mr.  Bayard  to  Mr.  Steele,  May  26,  1886. 
78.— Mr.  Jordan  to  Mr.  Bayard,  June  4,  1886. 
70.— Mr.  Steele  to  Mr.  Bayard,  June  5,  1886  (with  inolosures). 
HO.— Mr.  Steele  to  Mr.  Bayard,  June  5,  1886. 
m.— Mr.  Bayard  to  Mr.  Steele,  June  7,  1886. 
82.— Mr.  Bayard  to  Mr.  Steele,  June  8,  1886. 
83.— Mr.  Bayard  to  Mr.  Jordan,  June  8, 1886. 
84.— Capt.  Jesse  Lewis  to  Mr.  Bayard,  June  26,  1886. 
85.— Mr.  Bayard  to  Capt.  Jesse  Lewis,  June  30,  1886. 
H6.— Mr.  Willard  to  Mr.  Bayard,  telegram,  Portland,  July  3,  1886. 
87.--Me89rs.  Cushing  and  McKenney  to  Mr.Bayard,  telegram,Portland,July  3,1886. 
88.— Mr.  Woodbury  to  Mr.  Bayard,  July  7,  1886  (with  inclosures). 
8y.—Mr.  Willard  to  Mr.  Bavard,  July  7,  1886. 
90. -Mr.  Bayard  to  Mr.  Willard,  July  9,  1886. 

01.— Hon.  Mr.  Boatelle  to  Mr.  Bayard,  telegram,  Washington,  July  10,  1886. 
92.-Mr.  Bayard  to  Mr.  Boutelle,  July  10,  1866. 
y3.-Mr.  Bayard  to  Mr.  Woodbury,  July  13,  1886. 

94.— Hou.  Mr.  Boutelle  to  Mr.  Bayard,  July  14,  1886  (with  an  inclosure). 
95.-Mr.  Bayard  to  Hon.  Mr.  Boutelle,  July  1.5,  1886. 
96,— Mr.  Woodbury  to  Mr.  Bayard,  July  28,  1886  (with  inolosures). 
97.— Mr.  Bayard  to  Mr.  Woodbury,  July  30, 1886.  ;    :  <  ' 

98.— Mr.  Woodbury  to  Mr.  Bayard,  July  30,  1886  (with  an  inclosure).  ,      . 

99.-Mr.  Bayard  to  Mr.  Woodbury,  July  31,  1886. 

100.— Mr.  Presson  to  Mr.  Bayard,  August  9,  1886  (with  an  inclosure).  '' 

IW.— Mr.  Presson  to  Mr.  Bayard,  August  10,  1886  (with  an  inclosure).        '  ■  v  '<    • 
10,!,— Mr.  Presson  to  Mr.  Bay.-ird,  August  14,  1886  (with  au  inclosure).  .  r     ^      . 

10;t.-Mr.  Bayard  to  Mr.  Presson,  August  18,  1886. 
104.— Mr.  Bayard  to  Messrs.  Cushing  and  McKenney,  August  19,  1886. 
10.^.--Mr.  Woodbury  to  Mr.  Bayard,  October  12,  1886  (with  inolosures).        ' 
iO(i.-Mr.  Bayard  to  Woodbury,  October  15,  1886. 
107,-Mr.  Steele  to  Mr.  Bayard,  October  18,  1886. 

108.-Mr.  Bayard  to  Mr.  Steele,  October  20,  1886.  „,    .    :  ,     .       ., 

109. -Mr.  Steele  to  Mr.  Bayard,  October  25,  1886.  ' '   '  '  ^     '    * 

^  IV -Extension  of  cbrtaln  fishing  rights  under  thb  treaty  of  Washington. 
110.— Senate  Document  No.  32,  first  session  Forty-ninth  Congress. 


t 


I.-C011RESP0NDENCE  BETWEEN  THE  DEPARTMENT  OF  STATE 
AND  THE  BRITISH  LEGATION  IN  WASHINGTON. 


.•    No.  1. 

Sir  L.  West  to  Mr.  Bayard. 

Washington,  March  19, 1880.    [lieceived  March  20.] 
I  have  the  honor  to  inform  you  that  tlie  Earl  of  Ilosebery  liaj  I 
requested  me  to  ascertain  whether  it  is  intended  to  give  notice  to  the 
United  States  fishermen  that  they  are  now  prerUuled  from  lishiucii 
British  North  American  territorial  waters,  as  Her  Majesty's  Goverument  | 
are  considering  the  expediency  of  issuing  a  reciprocal  notice  with  re^ 
gard  to  British  fishermen  in  American  waters. 
I  have,  &c., 

L.  8.  SACKVILLE  WEST, 


No.  2. 

Mr.  Bayard  to  Sir  L.  West. 

•  -  Department  of  State, 

Wa^hingtonj  March  23, 1886. 

Sir:  I  have  the  honor  to  acknowledge  the  receipt  of  your  note  of  the! 
19th  instant,  whereby  you  inform  me  that  you  have  been  requested  by  I 
the  Earl  of  Kosebery  to  ascertain  "whether  it  is  intended  to  give  notice 
to  the  United  States  fishermen  that  they  are  now  precluded  from  M 
ing  in  British  North  American  territorial  waters,"  and  to  inform  joii,iii| 
reply,  that  as  full  and  formal  public  notification  in  the  premises ' 
already  been  given  by  the  President's  proclamation  of  31st  Jauuaij,] 
1885,  it  is  not  now  deemed  necessary  to  repeat  it. 

The  temporary  arrangement  made  between  us  on  the  22d  of  Juoe,! 
1885,  whereby  certain  fishing  operations  on  the  respective  coasts  werel 
not  to  be  interfered  with  during  the  fishing  season  of  1885,  iiotwitli  | 
standing  the  abrogation  of  the  fishery  articles  of  the  treaty  of  Wash  I 
ington,  came  to  an  end  under  its  own  expressed  limitation  ou  tlie3l8!j 
of  December  last,  and  the  fisheries  question  is  now  understood  to  resij 
ou  existing  treatieSj  precisely  as  though  no  fishery  articles  had  been  it' [ 
corporated  in  the  treaty  of  Washington.  I 

In  view  of  the  enduring  nature  and  important  extent  of  therigliti| 

secured  to  American  fishermen  in  British  North  American  territoriilj 

waters  under  the  provisions  of  the  treaty  of  1818,  to  take  fish  witbintliej 

5»8 


RIGHTS    OF   AMERICAN    FISHERMEN. 


289 


tlireo-mi'i'  lirn'  on  certain  detluod  i)art8  of  the  Britinh  North  Ameriuau 
(•o;i8ts,  aii<l  to  dry  and  euro  tlsli  tUero  under  certain  conditions,  this 
Government  lias  not  found  it  necessary  to  give  to  United  States  fisher- 
men any  uotiflcation  that  "  they  are  now  precluded  from  fishing  iu 
British  North  American  territorial  waters." 
I  have,  &c., 

T.  F.  BAYAKD. 


No.  3. 


Sir  L.  Went  to  Mr.  Bayard. 

British  Legation, 
WoHhington,  March  24, 1880.    [Receifved  Marcit  25.] 

Sib:  1  have  the  honor  to  ackuowledfje  the  receipt  of  your  note  of  the 
Lid  instant,  in  reply  to  mine  of  the  19th,  informing  me  that,  as  full  and 
loiuial  public  notification  in  the  promises  has  already  been  given  by  the 
President's  proclamation  of  the  31st  January,  1885,  it  has  not  been  found 
iictessary  to  give  to  United  Staf^is  fishermen  any  further  uotificatioo 
that  tboy  are  now  precluded  from  fishing  in  British  North  American 
territorial  waters.  I  have  duly  informed  Ilor  Majesty's  Government 
aud  the  Government  of  the  Dominion  of  this  decision. 
I  have,  &c.,  ^    . 

L.  S.  SACKVILLE  WEST. 


No.  4.  /         ; 

Mr.  Bayard  to  Sir  L.  We8t. 

Department  of  State, 
Washington,  May  10, 1886. 

Sik:  On  the  0th  instant  I  receive<l  from  the  consul-general  of  the 

Uuitcd  States  at  Halifax  a  statement  of  the  seizure  of  an  American 

;  schooner,  the  Joseph  Story,  of  Gloucester,  Mass.,  by  the  authorities  at 

•  BaddecJj,  Cape  Breton,  and  her  discharge  after  a  detention  of  tvreuty- 

1  four  hours. 

On  Saturday,  the  8th  instant,  I  received  a  telegram  from  the  same 
ollicial  announcing  the  seizure  of  the  American  schooner  David  J. 
Adams,  of  Gloucester,  Mass.,  in  the  Annapolis  Basin,  Nova  Scotia, 
and  that  the  vessel  had  been  placed  in  the  custody  of  an  officer  of  the 
Canadian  steamer  Lausdowue  and  sent  to  St.  John,  New  Brunswiclt, 
i  for  trial. 

As  both  of  these  seizures  took  jilace  in  closely  landlocked  harbors, 
|uo  invasion  of  the  territorial  waters  of  the  British  Provinces,  with  the 
iview  of  fishing  there,  could  well  be  imagined ;  and  yet  the  arrests  ap- 
Ipear  to  have  been  based  upon  the  act  or  intent  of  fishing  within  waters 
las  to  which,  under  the  provision  of  the  treaty  of  ^813  between  Great 
Britain  and  the  United  States  of  America,  the  liberty  of  tao  inhabitants 
[of  the  United  States  to  jish  has  been  renounced. 

It  would  be  superfluous  for  me  to  dwell  upon  the  desire  which,  I  aui 
[sure,  controls  those  respectively  charged  with  the  administration  of  tho 
[Governments  of  Great  Britain  aud  of  tUe  United  States  to  prevent  oo- 
8.  Ex.  113 19 


t»!M) 


ItKJIIT.S    OF    AMKRIOAN    FI8HE11MEN. 


m  ^ 


<!urn!iic(!H  teiKliiiK'to<'i(nit««Xii.siH'riiti<)ii,or  utiiUM},'hh()iIy  IVcIiii^j,  ori-ol. 
lisio;!  l)i'(\v('(>ii  tliu  iiiliiibit.ii!!ts  of  tlio  two  countries;  l>ut,iiiiiiii)it('(lwit|, 
tliiH  Kciitiiiu'ut, tliu  time  HCiMUH  oppoi'tiiiu)  lor  nw  to  Nuhirwt,  sonu;  vk'im 
for  your  coiisidonition,  which  1  ('oufidcntty  hope  will  lead  IosucIiikI. 
inini.striitiou  of  the  liiw.s  ro/^ulatin^j;  tlie  counncrcial  interests  and  tlie 
mercantile  marine  of  tlui  two  countnen  as  may  promote  good  fet'Iiii^'mwi 
mutual  advantage,  antl  j)revent  lio.stility  to  commerce  under  tliegiiJKe 
of  protection  to  inshore  ti.shei  ies. 

The  treaty  of  1H18  is  between  two  nations,  the  United  Htutw  «( 
America  and  Great  Britain,  who,  as  the  (iontracting  jiarties,  can  aloiit 
apply  authoritative  interpretation  thereto,  or  enforce  its  provisions  In 
appropriate  legislation. 

The  discussion  prior  to  the  conclusion  of  the  treaty  of  WaHliinf;|(ii) 
in  1871  was  productive  of  a  substantial  agreement  between  tlio  t«o 
countries  as  to  the  existence  and  limit  of  the  three  mariny  mih's  within 
the  Hue  of  which,  upon  the  regions  defined  in  the  treaty  of  181S,  it 
should  not  be  lawful  for  American  fishermen  to  take,  dry,  or  euro  lisli, 
There  is  no  hesitancy  u))on  the  i)art  of  the  Government  of  the  UiiiW 
States  to  iM'oclaim  such  inhibition  and  warn  their  citizens  against  tlic 
infraction  of  the  treaty  in  that  regard,  S(>  that  such  inshore  fishing  tan 
not  lawfully  be  enjoyed  by  an  American  vessel  being  within  three  niaiiiu' 
miles  of  the  Land. 

But  since  the  date  o^  the  treaty  of  1818,  a  series  of  laws  and  rcfjiila 
tions  importantly  attecting  the  trade  between  the  North  Ameiican  I'rov 
inces  of  Great  Britain  and  the  United  States  have  been,  respectively, 
adoi)ted  by  the  two  countries,  and  have  'ed  to  amicable  and  niutiialij 
beneficial  relations  betweoii  their  respective  inhabitants. 

This  independent  and  yet  concurrent  action  by  the  two  Govorniiionts 
has  ett'ected  a  gradual  extension,  from  time  to  time,  of  the  provisions  of 
Article  I  of  the  convention  of  July  ;{,  1815,  providing  for  reciprocal  lib 
orty  of  commerce  between  the  United  States  and  the  territories  of 
Great  Britain  in  Europe,  so  as  gradually  to  include  the  colonial  pes 
sessions  of  Great  Britain  in  North  America  and  the  West  Indies  witbin 
the  results  of  that  treaty. 

President  Jackson's  proclamation  of  October  5, 1830,  created  a  reeip' 
rocal  commercial  intercourse,  on  terms  of  perfect  equality  of  flag,  b« 
tween  this  country  and  the  British  American  dependencies,  by  repeal 
jng  the  navigation  acts  of  April  18,  1818,  May  15,  1820,  and  March  1, 
1823,  and  admitting  British  vessels  and  their  cargoes  "to  an  entry iu 
the  i)orts  of  the  United  States  from  the  islands,  provinces,  and  colonies 
of  Great  Britain  on  or  near  the  Amorican  continent,  and  north  or  east 
of  the  United  States."  These  commercial  [)rivileges  have  since  received 
a  large  extension  iu  the  interests  of  projjinquitj^  and  in  soino  cases 
favors  have  been  granted  by  the  United  States  without  equivalent  con 
cession.  Of  the  latter  class  is  the  exem])tiou  granted  by  the  shipping 
act  of  June  26, 1884,  amounting  to  one-half  of  the  regular  tonnage  dues 
on  all  vessels  from  the  British  North  American  and  West  Indian  pos-  j 
sessions  entering  ports  of  the  United  States.  Of  the  reciprocal  class 
are  the  arrangements  for  transit  of  goods,  and  the  remission,  by  procla 
mation,  as  to  certain  British  ports  and  places  of  the  remainder  of  tlie 
tonnage-tax,  on  evidence  of  equal  treatment  being  shown  to  our  vessels. 

On  the  other  side',  British  and  colonial  legislation,  as  notably  in  tlie 
case  of  the  imperial  shipping  and  navigation  act  of  June  20, 1819,  bss ; 
contributed  its  share  toward  building  up  an  intimate  intercourse  and  j 
beneficial  traffic  between  the  two  countries  founded  on  mutual  interest 
and  convenience. 


iii 


KIGHT.S    OF    AMEKICAN    FI81IEUMKN. 


291 


Tbe»«  ;iir;ui},'«iiuMitH,  bo  I'ar  as  tbe  United  Status  arc  conceruetl,  do- 
iu'ikI  upon  mimicipiil  statute  and  iqum  ilio  discretionary  powers  of  the 
Kxeciitivc  tlieieundcr. 

The  seizure  of  tlie  vessels  1  have  mentioned,  and  certain  [niblished 
"warnings"  pnrportinjj  to  have  been  issued  by  tlie colonial  authorities, 
would  appear  to  have  been  made  untler  a  supposed  «Kdo{{aiion  of  ju- 
risdiction by  the  Imperial  Clovernment  of  Oreat  IJritain,  and  to  bo  in- 
tciided  to  include  authority  to  inter|)ret  and  enforce  the  provisions  of 
the  trt'iity  of  1S18,  to  which,  as  1  have  remarked,  the  United  States  and 
(Irtit  Ibitain  are  the  contractiii}?  parties,  who  can  alone  d(.'al  responsi- 
lily  with  (pu'Htions  aritsiu}?  thereunder. 

The  ctlfct  of  this  colonial  lefjislation  and  Executive  interpretation,  if 
executed  aecordni};  to  the  lettvr,  would  bo  not  only  to  cx[Mind  the  re- 
Htrictions  and  renunciations  of  the  treaty  ol  1818,  which  rclatetl  solely 
toiusliore  fishery  witliin  the  three-mile  limit,  so  as  to  all'ect  the  deep-sea 
fisheries,  the  right  to  which  remained  unquestioneci  and  unimpaired  for 
tbe  enjoyn)ent  of  the  citizens  of  the  Uinted  States,  but  further  to  di- 
miiiisli  and  ])ractically  to  destroy  the  privileges  expressly  secured  to 
American  fishing  vessels  t(/ visit  those  inshore  waters  for  the  objects  of 
siieiter,  repair  of  damages,  and  purchasing  wood,  and  obtaining  water. 
Since  1<S18,  certain  important  changes  have  taken  place  in  tishing  in 
the  regions  in  question,  which  have  material'y  modified  the  conditions 
under  which  the  business  of  inshore  fishing  is  conducted  and  which 
must  have  great  weight  in  any  present  adminiistratiou  of  the  treaty. 

Drying  and  curing  fish,  for  which  a  use  of  tlio  adjacent  shores  was 

at  one  time  requisite,  is  iu)W  no  longer  followed,  and  moderii  invention 

I  (if  processes  of  artificial  freezing,  and  the  employment  of  vessels  of  a 

lar|;er  size,  i)ermit  the  catch  and  direct  transportation  of  fish  to  the 

j  iiiarliets  of  the  United  States  without  recourse  to  tiie  shores  contiguous 

j  to  the  fishing  grounds. 

The  mode  of  taking  fish  inshore  has  also  been  wholly  changed,  and 
I  hum  tlie  highest  authority  on  such  subjects  I  learn  that  bait  is  no  longer 
[iimled  for  such  fishing,  that  purse-seines  have  been  substituted  for  the 
[other  methods  of  taking  mackerel,  and  that  by  their  employme"*^^  these 
[lish  are  now  readily  caught  in  deeper  waters  entirely  extericjr  to  the 
Itlireeinilc  line. 

As  it  is  admitted  th.at  the  deep-sea  fishing  was  not  under  considera- 
[tioii  ill  the  negotiation  of  the  treaty  of  1818,  nor  was  all'ected  thereby, 
[ami  as  the  use  of  bait  for  inshore  flrshing  has  passed  wholly  into  disuse, 
[tlie  reasons  which  may  have  formerly  existed  for  refusing  to  permit 
JAmerican  fishermen  to  catch  or  procure  bait  within  the  line  of  a  marine 
ileaj,'iie from  the  shore  lest  they  should  also  use  it  in  the  same  inhibited 
[waters  for  the  purpose  of  catching  other  fish,  no  longer  exist. 

For  it  will,  1  believe,  be  conceded  as  a  fact  that  bait  is  no  longer 
jiiecded  to  catch  herring  or  mackerel,  which  are  the  objects  of  inshore 
fishing,  but  is  used,  and  only  used,  in  deep-sea  fishing,  and,  therefore,  to 
|)revcut  the  purchase  of  bait  or  any  other  supply  needed  in  deep-sea 
piling,  under  color  of  executing  the  provisions  of  the  treaty  of  1818, 
Wild  be  to  expand  that  convention  to  objects  wholly  beyond  its  pur- 
view, scope,  and  intent,  and  give  to  it  an  efl'ect  never  contemplated  by 
fcitber  party,  and  accouipauied  by  results  unjust  and  injurious  to  the 
fitizens  of  the  United  States. 
As,  therefore,  there  is  no  longer  any  inducement  for  American  fisher- 
Ben  to  "dry  and  cure"  fish  on  the  interdicted  coasts  of  the  Canadian 
pcviuces,  and  as  bait  is  no  longer  used  or  needed  by  them  [for  the 
psecutiou  of  inshore  fishing]  in  order  to  "take"  fish  in  the  inshore 


292 


RIGHTS    OF    AMIOKICAN    FISHERMEN. 


watei'8  to  which  llio  Irealy  of  1818  nUme  rehitc  ,  1  ask  you  to  cousidei 
the  results  of  excliuliiifi;  Aincricaii  vessels,  dul.v  possessed  of  permitj 
from  their  own  Govermneut  to  toueh  and  trade  at  Canadian  pom  as 
well  as  to  engage  in  deep  sea-fishing:,  from  exercising  freely  the  same  I 
customary  and  reasonable  rights  and  privileges  of  trade  iii  tiio  ports 
of  the  British  colonies  as  are  freely  allowed  to  British  ve8s«>ls  in  all  the 
ports  of  the  Uuited  States  under  the  laws  and  regulations  to  wliicbl 
have  adverted. 

Among  these  customary  rights  and  privileges  may  be  eiiviineratttl  I 
the  purchiise  of  ship-supplies  of  every  nature,  making  repairs,! he hlii]). 
mentof  craws  in  whole  or  part,  and  the  purchase  of  ice  and  bait  I'oriisi'I 
iu  deep-sea  fishing. 

Concurrently,  these  usual  rational  and  convenient  privileges  arc  i 
freely  ejk.tv.uded  to  and  arc  full.\  enjoyed  by  the  Canadian  uiercliaiit 
marine  of  all  occupations,  including  fishermen  in  the  ports  of  the  United  1 
States. 

The  question  therefore  arises  whether  such  a  construction  isadiuissi 
ble  as  would  convert  the  treaty  of  1818  from  being  an  instrumeutalitj ' 
for  the  protection  of  the  iyshore  fisheries  along  the  described  parts  ot^ 
the  British  American  coast  into  a  pretext  or  means  of  obstructiii};  tlie  j 
business  of  deep-sea  fishing  by  citizens  of  the  United  States,  and  of  in 
terrupting  and  destroying  the  commercial  intercourse  that  sincetiicj 
treaty  ot  1818,  and  independent  of  any  treaty  whatever,  has  jLirowaup 
and  now  exists  undei'  the  concurrent  and  friendly  laws  and  inert iutili( 
regulations  of  the  respective  countries. 

I  may  recall  to  your  attention  the  fact  that  a  proposition  to  excliidi:! 
the  vessels  of  the  United  States  engaged  in  fishing  from  oi>vrviii;'als«| 
merchandise  was  made  by  the  British  negotiators  of  the  treaty  of  ISIS,  j 
but  being  resisted  by  the  American  negotiators  was  abandoned.  Tliis 
tact  would  seem  clearly  to  indicate  that  the  business  of  fishing:  did  nut) 
then,  and  does  not  now,  disqu'vlify  a  vessel  from  also  tradinjj  in  tiiij 
regular  ports  of  entry. 

1  have  been  led  to  offer  these  considerations  by  the  recent  scizmcsofj 
American  vessels  to  which  1  have  adverted  and  by  indications  of  ii  1ot1| 
spirit  of  interpretation  iu  the  Provinces,  affecting  friendly  inteniouM,] 
which  is,  I  firmly  believe,  not  warranted  by  the  terms  of  the  stii)ula  j 
tions  on  which  it  ]>rofesses  to  rest.    It  is  not  my  purpose  t  • 
the  facts  of  the  cases,  nor  have  I  any  desire  to  shield  »; 
vessel  from  the  consequences  of  violation  of  iHternatiouai 
The  views  J  advancv)  may  ])rove  not  to  be  applicable  in  every  iv 
thoKO  j)articular  cases,  and  I  should  bo  glad  if  no  case  whatever  werel 
to  arise  calling  in  question  the  good  understanding  of  the  two  couutriesj 
in  this  regard  in  order  to  be  free  from  the  grave  apprehensions  wliicli 
otherwise  I  am  unable  to  d'smiss. 

It  vrould  be  most  unfortunate,  and,  I  cannot  refiain  frou  saying, iiio^l 
unworthy,  if  the  two  nations  who  contracted  the  treaty  of  181d  sl)oiilii| 
permit  any  questions  of  mutual  right  and  duty  under  that  conveiitioi 
to  become  obscured  by  partisan  advocacy  or  distorted  by  the  licato^ 
local  interests,    It  cannot  but  bo  the  common  aim  to  conduct  all  li 
cussion  in  this  regard  with  dignity  and  in  a  self  respecting  spirit, 
will  show  itself  intent  upon  securing  equal  justice  rather  than  untT'^ 
advantage.    Comity,  courtesy,  and  Justice  cannot,  I  am  sure,  fail  toll' 
the  ruling  motives  and  objects  of  discussion. 

I  shall  be  most  happy  lo  come  to  a  distinct  and  friendly  iinderstao 
ing  with  you,  as  the  representative  of  Her  Britannic  Majesty's  Goveii 
ineut,  which  will  result  iu  such  a  definition  of  the  rights  of  Americf 


RIGHTS  OP  AMERICAN  FISHERMEN. 


293 


fisliing-vosisels  under  the  treaty  of  1818  as  shall  effectually  prevent  any 
encioacbiiH'iit  by  them  upon  the  territorial  waters  of  the  British  Prov- 
inces for  the  purpose  of  fishing  within  those  waters,  or  trespassing  in 
aiiv  way  upon  the  littoral  or  marine  rights  of  the  inhabitants,  and,  at 
I'iie  same  time,  prevent  that  convention  from  being  improperly  expanded 
iitoau  instrument  of  discord  by  affecti.ig  interests  and  accomplishing 
results  wholly  outside  of  and  contrary  to  its  object  and  intent,  by  allow- 
ing it  to  b2come  an  agency  to  interfere  with  and  perhaps  destroy  those 
reciprocal  commercial  privileges  and  facilities  between  neighboring 
comninnities  which  contribute  so  importantly  to  their  peace  and  hap- 
piness. It  is  obviously  essential  that  the  administration  of  the  laws 
reuuiatiog  the  Canadian  inshore  f  shing  s'.ould  not  be  conducted  in  a 
inniitivo  and  hostile  spirit,  which  can  only  tend  to  induce  acts  of  a  re- 
taliatory nat^ure. 

Ever.ytl'ing  will  be  done  by  the  United  States  to  cause  their  citizens 
engageli  iii  ftshing  to  conform  to  the  obligations  of  the  treaty,  and  pre- 
veut  an  infraction  of  the  fishing  laws  of  the  British  Provinces;  but  it  is 
equally  necessary  that  ordinary  commercial  intercourse  should  not  be 
interrupted  by  harsh  measures  and  unfriendly  administration. 

I  have  the  himor,  therefore,  to  invite  a  frank  expression  of  your  views 
upon  tl'".  subject,  believing  that,  should  any  differ'^nces  of  opinion  or  dis- 
agreement as  to  facts  exist,  they  will  be  found  lo  bo  so  minimized  that 
J  an  accord  can  be  established  for  the  full  protection  of  the  inshore  fish- 
iing of  the  British  Provinces,  without  obstructing  the  open-sea  fishing 
[operations  of  the  citizens  of  the  United  States  or  disturbing  the  trade 
[reflations  now  subsisting  between  tho  countries. 
1  have,  &c., 

T.  P.  BAYARD. 


No.  5. 
Sir  L.  Went  to  Mr.  Bayard. 

Washington,  May  10,  188G.    [Received  May  12.] 

Sir:  I  have  the  honor  to  acknowledge  the  receipt  of  your  note  of 
ttjiis  (lay's  date,  and  to  inform  you  that  1  have  lost  no  time  in  transmit- 
iting  copy  of  this  important  communication  to  Her  Majesty's  Govern- 
[inent. 

I  have,  &c., 

L.  S.  SAOKVILLE  WEST. 


No.  C. 

Mr.  Bayard  to  Sir  L.  West. 

Department  of  State. 

Wfffihingtop,  May  go,  'iftSO. 

Sir:  Although  without  re^dy  to  the  note  I  had  the  honor  to  address 
Etoyou  on  the  10th  instant,  in  relation  to  the  Canadian  fisheries  and  the 
jinterpretation  of  the  treaty  of  1818  befween  the  United  States  and 
iwent  Britain  as  to  the  rights  and  dutios? 


of  the  Amer'can  citizens  en- 


294 


RIGHTS   OF   AMERICAN   FISHERMEN. 


H' 


m 


gaged  in  maritime  trade  and  intercourse  with  the  Provinces  of  British 
North  America,  in  view  of  the  unrestrained,  and,  as  it  appears  to  me 
unwarranted,  irreguhir,  and  severe  action  of  Canadian  oflicials  toward 
American  vessels  In  those  waters,  yet  I  feel  it  to  be  my  duty  ^o  bring 
impressively  to  your  attention  information  more  recently  received  by 
mo  from  the  United  States  consul-general  at  Halifax,  Nova  Scotia,in 
relation  to  the  seizure  and  continued  detention  of  the  American  schoonet 
David  J.  Adams,  already  referred  to  in  my  previous  note,  and  the 
apparent  disposition  of  the  local  ofBcials  to  use  the  most  extreme  and 
technical  reasons  for  interference  with  vessels  not  engaged  in  or  in- 
tended for  inshore  fishing  on  that  coast. 

The  report  received  by  me  yesterday  evening  alleges  such  action  in 
relation  to  the  vtssel  mentioned  as  renders  it  difficult  to  imagine  it  to 
be  that  orderly  proceeding  and  "  due  process  of  law  "  so  well  known  and 
customarily  exercised  in  Great  Britain  and  the  United  States,  and  whicli 
dignifies  the  two  Governments,  and  gives  to  private  rights  of  property 
and  the  liberty  of  the  individual  their  essential  safeguards. 

By  the  information  thus  derived  it  would  appear  that  after  four  sev 
eral  and  distinct  visitations  by  boats'  crews  from  the  Lansdowne,  in 
Annapolis  Basu,  Nova  Scotia,  the  David  J.  Adams  was  summarily 
taken  into  custody  by  the  Canadian  steamer  Lansdowne  and  carried 
out  of  the  Province  of  Nova  Scotia,  across  the  Bay  of  Fundy,  and  into 
the  port  of  St.  John,  New  Brunswick,  and  without  explanation  or  hear- 
ing, on  the  following  Monday,  May  10,  taken  back  again  by  an  armed 
crew  to  Digoy,  in  Nova  Scotia.  That  in  Digby  the  paper  alleged  to  Iw 
the  legal  precei>t  for  the  capture  and  detention  of  the  vessel  was  nailed 
to  her  mast  in  such  manner  as  to  prevent  its  contents  being  read,  and 
the  request  of  the  captain  of  the  David  J.  Adams  and  of  the  United 
States  consul-general  to  be  allowed  to  detach  the  writ  from  the  mast  for 
tbe  purpose  of  learning  its  contents  was  positively  refused  by  the  pro- 
vincial official  in  charge.  Nor  was  the  United  States  consul-general 
able  to  learn  from  the  commander  of  the  Lansdowne  the  nature  of  the 
complaint  against  the  vessel,  and  his  respectful  application  to  tbiit 
effect  was  fruitless. 

In  80  extraordinary,  confused,  and  irresponsible  a  condition  of  afi'airs, 
it  is  not  possible  to  ascertain  with  that  accuracy  which  is  needful  in 
matters  of  such  grave  importance  the  precise  grounds  for  this  harsh  | 
and  peremptory  arrest  and  detention  of  a  vessel  the  property  of  citi-  i 
zens  of  a  nation  with  whom  relations  of  peace  and  amity  were  supposed ; 
to  exist. 

From  the  best  information,  however,  which  the  United  States  consnl- 
general  was  enabled  to  obtain  after  application  to  the  prosecuting  oil 
cials,  he  reports  that  the  David  J.  Adams  was  seized  and  is  now  held  j 
(1)  for  alleged  violation  of  the  treaty  of  1818 ;  (2)  for  alleged  violation 
of  the  act  59  Geo.  Ill ;  (3)  for  alleged  violation  of  the  colonial  act  of  j 
Nova  Scotia  of  1868 ;  and  (4)  for  alleged  violation  of  the  act  of  ir" 
and  also  that  of  1883,  both  Canadian  statutes. 

Of  these  allegations  there  is  but  one  which  at  present  I  press  upon] 
your  immediate  consideration,  and  that  is  the  alleged  infraction  of  the  | 
treaty  of  1818. 

I  beg  to  recall  to  your  attention  the  correspondence  and  action  of  j 
those  respectively  charged  with  the  administration  and  government  of 
Great  Britain  and  the  United  States  in  the  year  1870,  when  the  same 
international  questions  v.ere  under  consideration  and  the  statne  of  law  j 
was  not  essentially  different  from  what  it  is  at  present. 


RIGHTS   OF   AMERICAN   FISHERMEN. 


295 


T'liis  correspondence  discloses  the  intention  of  the  Canadian  authori- 
ties of  tliat  day  to  prevent  encroach  ment  upon  their  inshore  fishing 
grounds,  and  their  preparations  in  the  way  of  a  marine  police  force, 
very  much  as  we  now  witness.  The  statutes  of  Great  Britain  and  of 
her  Canadian  Provinces^  which  are  now  supposed  to  be  invoked  as  au- 
thority for  the  action  against  the  schooner  David  J.  Adams,  wore  then 
reported  as  the  basis  of  their  proceedings. 

Ill  his  note  of  May  20, 1870,  Mr.  (afterwards  Sir  Ed-vard)  Thornton, 
tbe  British  minister  at  this  capital,  conveyed  to  Mr.  Fisli,  then  Secre- 
tary of  State,  copies  of  the  orders  of  the  royal  Admiralty  to  Vice-Ad- 
miral Wellesley,  in  command  of  the  naval  forces  "  employed  in  main- 
taining order  at  the  fisheries  in  the  neighborhood  of  the  coasts  of  Canada." 

All  of  these  orders  directed  the  protection  of  Canadian  fishermen  and 
cordial  co-operation  and  concert  with  t'le  United  States  force  sent  on 
tlio  same  service  with  respect  to  American  fishermen  in  those  waters. 
Great  caution  in  the  arrest  of  American  vessels  charged  with  violation 
i  of  the  Canadian  fishing  laws  was  scrupulously  enjoined  upon  the  British 
aiithorit'es,  and  the  extreme  importance  of  the  commanding  officers  of 
[  ships  selected  to  protect  the  fisheries  exercising  the  utmost  discretion 
in  paying  especial  attention  to  Lord  Granville's  observation,  that  no  ves- 
sel should  be  seized  nnless  it  were  evident,  and  could  be  clearly  proved, 
tbaltlioort'ense  of  fishing  had  been  committed,  and  the  vessel  captured 
[within  three  miles  of  land. 

This  caution  was  still  more  explicitly  announced  when  Mr.  Thornton, 
[on  the  11th  of  June,  1870,  wrote  to  Mr.  Fish : 

Yon  arc,  howevor,  quito  right  in  not  doubting  that  Admiral  Wollesloy,  on  the  re- 
Iccipt  of  tbo  later  instructions  addressed  to  him  on  the  5tu  ultimo,  will  have  modified 
IthodircctionH  to  the  officers  under  hia  command  so  that  they  maybe  in  conformity 
Ivitli  tlio  viows  of  tlio  Admiralty.  In  confirmation  of  *jhis  I  have  since  received  a  let- 
Iterfiom  Vice- Admiral  Wellesley  dated  the  30th  ultimo,  informing  mo  that  he  had  ro- 
Iceived  iustractions  to  the  oU'ect  that  officers  of  Her  Majesty's  ships  employed  in  the 
jrotectiou  of  the  fisheries  should  not  seize  any  vessel  unless  it  were  evident,  and  could 
ll)c  clearly  proved,  that  the  offense  of  fisning  hadbeon  committed  and  the  vessel  itself 
Iciiptured  within  throe  miles  of  hind. 

Thisunderstandingbetweenthe  twoGovernments  wisely  and  efficiently 

guarded  against  the  manifest  danger  of  intrusting  the  execution  of 

Ipowers  so  important  and  involving  so  high  and  delicate  a  discretion  to 

any  but  wise  and  responsible  officials,  whose  prudence  and  care  should 

Ibe  commeusnrate  with  the  magnitude  and  national  importance  of  the 

linterests  involved.    And  I  should  fail  in  my  duty  if  I  did  not  endeavor 

|to  iraprcVs  you  with  mj  sense  of  the  absolute  and  instant  necessity  that 

m  exists  for  a  restriction  of  the  seizure  of  American  vessels  charged 

violations  of  the  treaty  of  1818  to  the  conditions  announced  by  Sir 

plward  Tiiointon  to  this  Government  in  June,  1870. 

The  charges  of  violating  the  local  laws  a.id  commercial  regulations  of 

|[lie  ports  of  the  British  Provinces  (to  which  I  am  desirons  that  due  and 

1  observance  should  be  paid  by  citizens  of  the  Uniiied  States),  I  do 

tot  consider  in  this  note,  and  I  will  only  take  this  ocaasion  to  ask  you 

|o;;iyenie  full  information  of  tlieoflicial  action  oftheCant.lian  authori- 

|esiii  this  regard,  and  what  laws  and  regulations  having  the  force  of 

a«',iu  relation  to  the  i)rotection  of  their  inshore  fisheries  and  prevent- 

iiseucroachinents  thereon,  are  now  held  by  them  to  bo  in  force. 

l>Ht  1  trust  you  will  Join  with  mo  in  realizing  the  urgenr  and  essential 

Tiportance  of  restricting  all  arrests  of  American  fishing  vessels  forsup- 

«si'd  or  alleged  violations  of  the  convention  of  1818  within  the  limita- 

'"ps  and  (■uiiditioiia  Iiiiu  d<)wu  by  tiie  authorities  of  Great  Britain  in 

»'",  to  wit:  That  no  vessel  shall  be  seized  unless  it  is  evident  and  can 


29G 


RIGHTS  Of  AMERICAN  FISHERMEN. 


be  clearly  proved  that  the  offense  of  fishing  baa  been  committed  and  the 
vessel  itself  captured  within  three  miles  of  land. 

In  regard  to  the  necessity  for  the  instant  imposition  of  snch  restric 
tions  upon  the  arrest  of  vessels,  you  will,  I  believe,  agree  with  me,  and 
I  will  therefore  ask  you  to  procure  such  steps  to  be  taken  as  shall  cause 
such  orders  to  be  forthwith  put  in  force  under  the  authority  of  Her  Ma- 
jesty's  Government. 
I  have,  &c., 

T.  F.  BAYARD. 


(*^-,'j    ;-,'-ii-:r'i''ivJ 


No.  7. 
*    Mr.  Bayard  to  Sir  L.  West. 


Department  of  State, 

Washington,  May  22, 1886. 

My  Dear  Sib  Lionel:  I  have  telegraphed  to-day  to  Mr.  Phelps, 
urging  the  advantage  and  need  of  my  coming  to  some  immediate  un- 
derstanding with  you  expressive  of  the  views  of  the  two  parties  to  the 
treaty. 

My  conviction  strengthens  as  to  the  importance  of  having  a  stop  put 
at  once  to  vexatious  interpretations  and  action  by  local  authorities, 
which  can  only  hinder  au  amicable  accord,  and  I  have  asked  that  these 
seizures  bo  suspended  without  prejudice  to  the  legal  results  pending  an 
authoritative  treatment  of  the  main  question. 

It  surely  cannot  be  the  purpose  of  the  provincial  authorities  to  em 
barrass  the  two  Governments,  by  whom  alone  the  issues  are  cognizable,  I 
A  frank  and  friendly  spirit  has  been  exhibited  by  both  Governments  in  j 
abstaining  from  any  demonstration  of  naval  force  in  the  provincial  wa- 
ters, and  it  is  desirable  that  this  should  be  continued,  as  it  will  add  to  j 
the  moral  impressivoness  of  any  settlement  we  may  arrive  at. 

Very  faithfully  yours, 
,,         .      - ,  T.  F.  BATAED. 


i 


.i:i;.ii,;4r;, j.;:  ffiii;^, 


No.  8. 
Mr,  Bayard  to  Sir  L.  West. 


Department  of  State, 
Washington,  May  29, 188C. 

Sir:  I  have  just  received  an  official  imprint  of  House  of  Commons  j 
bill  No.  136,  now  pending  in  the  Canadian  Parliament,  entitled  "Anj 
act  further  to  amend  the  act  respecting  fishing  by  foreign  ves8el8,"and| 
am  informed  that  it  has  passed  the  house  and  is  now  pending  in  tiiej 
senate. 

This  bill  proposes  the  forcible  search,  seizure,  and  forfeiture  of  any  Iw 
eign  vessel  within  any  harbor  in  Canada,  or  hovering  within  three  marinej 
miles  of  any  of  the  coasts,  bays,  creeks,  or  harbors  in  Canada,  ^herej 
such  vessel  has  entered  such.waters  for  any  purpose  not  permitted  1 
the  laws  of  nations,  or  by  treaty  or  convention,  or  by  any  lawoftii^ 
United  Kingdom  or  of  Canada  now  in  force. 

I  hasten  to  draw  your  attention  to  the  wholly  unwarranted  proposij 
tion  of  the  Canadian  authorities,  through  their  local  agents,  arbitrarilF 


BIGHTS   OP  AMERICAN   FISHERMEN. 


297 


to  enforce  according  to  their  own  constructiou  the  provisions  of  any 
I  convention  between  the  United  States  and  Great  Britain,  and,  by  the 
interpolation  of  language  not  found  in  any  such  treaty,  and,  by  inter- 
;  nretation  not  claimed  or  conceded  by  either  party  to  such  treaty,  to 
I  Invade  and  destroy  the  commercial  rights  and  privileges  of  citizens  of 
I  the  United  States  under  and  by  virtue  of  treaty  stipulation  with  Great 
Britain  and  statutes  in  that  behalf  made  and  provided. 

I  have  also  been  furnished  with  a  copy  of  circular  No.  371,  purport- 
ing to  be  from  the  customs  department  at  Ottsiwa,  dated  May  7, 1886, 
I  and  to  be  signed  by  J.  Johnson,  commissioner  of  customs,  assuming  to 
execute  the  provisions  of  the  treaty  between  the  United  States  and 
Great  Britain,  concluded  October  20, 1818,  and  printed  copies  of  a  warn- 
[ing,  purporting  to  be  issued  by  George  E.  Foster,  minister  of  marine  and 
fisheries,  dated  at  Ottawa,  March  5, 1886,  of  a  similar  tenor,  although 
callable  of  unequal  results  in  its  execution. 

Such  proceedings  I  conceive  to  be  flagrantly  violative  of  the  recipro- 
cal comniercial  privileges  to  which  citizens  of  the  United  States  are  law- 
fully entitled  under  statutes  of  Great  Britain  and  the  well-defined  and 
publicly  proclaimed  authority  of  both  countries,  besides  being  in  respect 
of  the  existing  conventions  between  the  two  countries  an  assumption 
of  jurisdiction  entirely  unwarranted  and  which  is  wholly  denied  by  the 
[United  States. 

In  tbe  interest  of  the  maintenance  of  peaceful  and  friendly  relations,  I 
[give  you  my  earliest  information  on  this  subject,  adding  that  I  have 
Itelftgriiplied  Mr.  Phelps,  our  minister  at  Lojidon,  to  make  earnest  pro- 
[test  to  Uer  Majesty's  Government  against  such  arbitrary,  unlawful,  un- 
warranted and  unfriendly  action  on  the  part  of  the  Canadian  Govern- 
nieut  and  its  officials,  and  have  instructed  Mr.  Phelps  to  give  notice 
[that  tbe  Government  of  Great  Britain  will  be  held  liable  for  all  losses 
[and  injuries  to  citizens  of  the  United  States  and  their  property  caused 
[by  the  unauthorized  and  unfriendly  action  of  the  Canadian  officials  to 
[wliicb  I  bave  referred. 


I  have,  &c. 


T.  F.  BAYARDs 


No.  9. 


.'■f'\.  ;■! 


SirL.  West  to  Mr.  Bayard. 

Washington,  June  2,  1886.    [Received  Juno  3.  j 

Sir:  I  bave  the  honor  to  acknowledge  the  receipt  of  your  notes  of 
|thc20tb  and  29th  of  May  on  the  subject  of  tbe  seizure  of  American  fish- 
jing  vessels  in  Canadian  waters. 

I  have,  &c.  >  •  -'- 

L.  S.  SACXVILLE  WEST. ,« 


No.  10.  :     :  •       ;  ^ 

Mr.  Bayard  to  Sir  L.  West. 

Wabhington,  June  2,.  1886. 
My  Dear  Sir  Lionel  :  A  telegram  from  Eastport,  in  Maine,  to  the 
Iwembcr  of  Congress  from  that  district,  announces  a  threat  by  Dominion 
Icollectors  of  customs  to  seize  American  boats  if  they  buy  herring  for 
Icanning  in  the  Dominion  weirs. 


298 


RIGHTS    OF    AMERICAN    FISHERMEN. 


This  additional  tb-eatened  iuliibitiou  of  trade  relates  to  the  sardht 
industry,  whicU  consists  in  canning  in  the  United  States  very  small  and 
young  herring,  which,  I  am  informed,  are  caught  very  closely  insbore in  I 
weirs,  in  Canadian  waters,  by  the  inhabitants  and  sokl  to  citizens  ofthej 
United  States. 

The  occupation  is  carried  on  solely  by  Canadian  fishermen,  along  the  I 
coasts  of  their  own  country,  so  that  the  interference  suggested  is  with 
their  freedom  of  contract  to  dispose  of  property  lawfully  the  result  of  | 
their  own  labors,  because  the  sale  is  to  citizens  of  the  United  States. 

It  is  important  that  the  facts  should  be  made  known  plainly. 
Yours  very  sincerely, 

T.  F.  BAYARD, 


No.  11. 


Mr.  Bayard  to  Sir  L.  West. 

Department  op  State, 
Washington,  June  7, 188G. 

Sir  :  I  regret  exceedingly  to  communicate  that  report  is  today  made 
to  me,  accompanied  by  affidavit,  of  the  refusal  of  the  collector  of  ens 
toms  at  the  port  of  St.  Andrews,  New  Brunswick,  to  allow  the  master 
of  the  American  schooner  Annie  M.  Jordan,  of  Gloucester,  Mass.,  to  j 
enter  the  said  vessel  at  that  port,  although  properly  documented  as  a 
fishing  vessel  with  permission  to  touch  and  trade  at  any  foreign  port  | 
or  place  during  her  voyage. 

The  object  of  such  entry  was  explained  by  the  master  to  be  the  par 
chase  and  exportation  of  "  certain  merchandise  "  (possibly  fresh  fish  for 
food,  or  bait  for  deep-sea  fishing). 

The  vessel  was  threatened  with  seizure  b^  the  Canadian  authorities, 
and  her  owners  allege  that  they  have  sustained  damage  from  this  refusal 
of  commercial  rights. 

1  earnestly  protest  against  this  unwarranted  withholding  of  lawful ! 
commercial  privileges  from  an  American  vessel  and  her  owners,  and  for  I 
the  loss  and  damage  consequent  thereon  thb  Government  of  Great  [ 
Britain  will  be  held  liiible. 
I  have,  &c., 

T.  F.  BAYAED. 


No.  12. 

Sir  L,  West  to  Mr.  Bayard. 

Washington,  June  8, 1886.    [Received  Juno  9.] 
Sir  :  I  have  the  honor  to  acknowledge  the  receipt  of  your  note  of  the 
7th  instant,  protesting  against  the  proceedings  taken  in  the  case  of  the ! 
Annie  M.  Jordan  by  the  Canadian  authorities. 
I  have,  &c., 

L.  S.  SACKVILLE  WEST. 


EIGHTS   OF    AMERICAN   FISHERMEN. 


209 


No.  13. 


M^.  Bayard  to  Sir  L.  West. 

Department  of  State, 
Washington,  June  i4,  18SG. 
Sir:  Tlio  consul-geiioral  of  tbo  United  States  at  Halifax  coiunnmi- 
Icated  to  mo  the  iuformation  derived  by  him  from  the  collector  of  cus- 
[toiiis  at  that  port  to  the  effect  that  American  fishing  vessels  will  not 
{l)C  permitted  to  land  fish  at  that  port  of  eutry  for  transportation  in 
Ibond  across  the  proviiice. 

have  also  to  inform  you  that  the  masters  of  the  four  American  fish- 
ijiig  vessels  of  Gloucester,  Mass.,  Martha  A.  Bradley,  Kattler,  Eliza 


Boynton,  and 


Pioneer, 


have  severally  reported  to  the  consul-general 


M  Halifax  that  the  subcdlector  of  customs  at  Uanso  had  warned  them 

|{o keep  outside  an  imaginary  line  drawn  from  a  point  three  miles  out- 

gido  Canso  llead  to  a  poin*  three  miles  outside  St.  Esprit,  on  the  Cape 

lirpton  coast,  a  distance  of  40  miles.    This  line  for  nearly  its  entire  cou- 

Itiiiuauce  is  distant  12  to  25  miles  from  the  coast. 

fbesame  masters  also  report  that  they  were  warned  against  going 
inside  an  imaginary  line  drawn  from  a  point  three  miles  outside  North 
Ciipe,  ou  Pnnco  Edward  Island,  to  a  point  three  miles  outside  of  East 
Point,  oil  tue  same  island,  a  distance  of  over  100  miles,  and  that  this 
tetnamed  lino  was  for  nearly  that  entire  distance  about  30  miles  from 
klie  shore. 

The  same  authority  informed  the  masters  of  the  vessels  referred  to 
lint  they  would  not  be  permitted  to  enter  Bay  Ohaleur. 

Such  warnings  are,  as  you  must  bo  well  aware,  wholly  unwarranted 
|)i'etensioiis  of  extra cerritorial  authority  and  usurpations  of  jurisdic- 
1  l)y  the  provincial  officials. 

Ithecomes  my  duty,  in  bringing  this  information  to  your  notice,  to 
oqiicst  that  if  any  such  orders  for  interference  with  the  unquestiona- 
|iIp  rights  of  the  American  fishermen  to  pursue  their  business  without 
nolestation  at  any  point  not  within  three  marine  miles  of  the  shores,  and 
|ritbin  the  defined  limits  as  to  which  renunciation  of  the  liberty  to  fish 
^as  expressed  in  the  treaty  of  1818',  may  have  been  issued,  the  same 
)ia,v  at  once  be  revoked  as  violative  of  the  rights  of  citizens  of  the 
United  States  under  convention  with  Great  Britain. 

:  will  ask  you  to  bring  this  subject  to  the  immediate  attention  of  Her 
Britannic  Majesty's  Government,  to  the  end  that  proper  remedial  or- 
ders may  be  forthwith  issued. 

It  seems  most  unfortunate  and  rogretable  that  questions  which  have 

«u  long  since  settled  between  the  United  States  and  Great  Britain 
[liould  uow  be  sought  to  bo  revived. 
I  have,  &c., 

T.  F.  BAYARD. 


No.  14. 
Sir  L.  West  to  Mr.  Bayard. 

Washington,  June  15, 1880.    [Received  Juno  IG.J 

;  I  have  the  honor  to  acknowledge  the  receipt  of  your  note  of 
sterday's  date,  bringing  to  my  notice  certain  alleged  warnings  given 


'm 


noo 


UIGIITS   OP   AMERICAN   TISUERMEN. 


b.v  the  Cauadiaii  uutborities  to  Auiericau  fisliing  v<!S8els,  and  to  inforn) 
ytu  that  I  have  brought  the  matter  to  the  notice  of  Her  Majesty's  Gov 
eminent. 

I  Iiavo,  &c. 

L.  S.  SACKVILLE  WEST. 


No.  15. 


■  .  Sir  L.  ^Ve8t  to  Mr.  Bayard. 

,  '■  '  British  Legation, 

'"    '  '■  r   ■  Washington,  June  18,  1886.    [l?cceive(l  June  19.] 

Sir  Lionel  West  presents  hiscomidinieuts  to  Mr.  Bayard,  aiftl  liastliol 
honor  to  transmit  to  him  herewitli  the  accompanying  acts,  which  have 
been  forwarded  to  hiiii,  at  the  request  of  Sir  Jolin  JMcDonald,  bytlic 
deputy  minister  of  marine  and  fisheries,  for  liis  information. 


1 4  -H~ 


''  '*'  ■  [TncIoBnro  No.  1.] 

Cap.  XIV. 

AN  ACT  ntlatin,^  to  tlio  UshciieB,  and  for  tho  ]irovoDtio]i  of  illicit  tradu  in  I'liuco  Ktlwnnt'H Tsluil, | 

and  tho  coasts  and  harbors  thereof. 

Whereas  Ijy  tho  convention  made  between  his  late  Majesty  King  Gcorffo  the  Tliiril  I 
and  tho  United  States  of  America,  signed  at  London,  on  tho  twentieth  day  of  Octo-J 
ber,  in  tho  year  of  onr  Lord  ono  thousand  eight  hundred  and  eighteen,  an(ltlies'''tf 
uto  made  and  passed  in  tho  rarliauient  of  Great  Britain,  in  tho  iifty-niuthyoaroltbej 
reign  of  his  lato  Mjijosty  King  George  tho  Third,  all  foreign  ships,  vessels,  or  boats,! 
or  any  ship,  vessel,  or  boat,  other  than  such  as  shall  bo  navigated  according  tfltlicj 
laws  of  tho  United  Kingdom  of  Great  Britain  and  Ireland,  found  lishing,  or  to  liavel 
been  fishing,  or  preparing  to  iish,  within  certain  distances  of  any  coasts,  hays,  creeks,! 
or  harbors  whatever,  in  any  part  of  His  Majesty's  dominions  in  America,  not  inclndodj 
within  the  limits  specified  in  the  lirst  article  of  the  said  convention,  aro  liable  to  seizl 
ure ;  and  whereas  tho  United  States  did}  by  tho  said  convention,  renounce  i'orcyirj 
any  liberty  enjoyed  or  claimed  by  tlio  inhabitants  thereof  to  take,  dry,  orcnnifch| 
on  or  witliin  three  marine  milos  of  any  of  tho  coasts,  bays,  creeks,  or  harljorsofF' 
Britannic  Majesty's  dominions  in  America,  not  included  within  tho  abovc-nicntioneJl 
limits:  Provided,  however,  That  tho  American  fishermen  should  bo  adniittcdtoentej 
such  bays  or  harbors  for  tho  purpose  of  shelter  and  of  repairing  damages  therein, off 
purchasing  wood,  and  of  obtaining  water,  and  for  no  otlier  purposes  whatever,  ktl 
under  such  restrictions  as  might  bo  necessary  to  prevent  their  takiug,  drying,  orcurf 
ing  fish  therein,  or  in  any  other  manner  whatever  abusing  the  privileges  tliorobytfj 
served  to  them ;  and  whereas  no  rules  or  regulations  liave  been  made  for  sncli  pat-f 
pose,  and  the  interests  of  tho  inhabit.ants  of  this  island  are  materially  impaired;  m 
whereas  the  said  act  does  not  designate  the  persons  who  are  to  make  such  seizure  J 
aforesaid,  and  it  frequently  happens  that  persons  found  within  the  distances  ol'tliej 
coasts  aforesaid,  infringing  the  articles  of  the  convention  aforcs.aid,  and  the  cnaclj 
ments  of  tho  statute  aforesaid,  on  being  talcon  possession  of  profess  to  hiive  (oninl 
within  said  limits  for  tho  i)urposo  of  shelter  and  repairing  damages  therein,  or  to i'"| 
chase  wood  and  obtain  water,  by  which  the  law  is  evaded,  and  tlio  vessels  ami  wfj 
goes  escape  coniiscation,  although  the  cargoes  may  bo  evidently  intended  to  liesninJ 
gled  into  this  island,  and  the  fisliery  carried  on  contrary  to  the  said  convention  M'I 
statute : 

I^  Jie  it  therefore  enacted  hij  the  lieutenant-governor,  council,  and  ansemhhj,  That  IroiJ 
and  after  tho  passing  of  this  act,  it  shall  bo  lawful  for  tho  oUicors  of  llcr  M»Mj 
customs,  tho  oflicers  of  imposts  and  excise,  the  sheritf.-t  and  magistrates  throiigliosj 
this  island,  and  any  person  holding  a  cammissiou  for  that  purpose  from  his  exccili'K| 
the  lieutenant-governor,  for  tho  time  being,  to  go  on  board  any  ship,  vessel,  or  ikuJ 
within  any  port,  bay,  creek,  or  harbor  in  this  island,  and  also  to  go  on  board  aul 


RIGHTS    OF    AMERICAN    FISHERMEN. 


301 


I  iiii)  vcsstti,  or  lirtut  hi)vci'iii^  wiMiiii  tlirco  inarino  iililos  of  uiiy  of  tlio  coiuitH,  bays, 
I  nekH  "'■  l""'""'*  tljcn'of,  and  in  ritlitM'  taso  IVooly  to  Htay  on  lioaid  sucli  Hliii),  vohhcI 
I  r'boat  iiM  li'ii;?  *'**  **''^'  bluill  ronmin  within  sucli  port  or  diHtanco,  and  if  any  hucIi 
ItliiP  vesai'li  or  boat  he  bound  elMowbc^ro,  and  sliall  continno  ho  hoverinji;  for  tlio  h]>ucu 
Lfi\V('Ut.v-t''Hii"  bourn  after  tbn  inastfr  hIihU  have  been  roquircd  to  depart,  it  shall  bo 

liwfiil  ior  any  of  the  abovo  enunuiratud  oflicorH  or  personM  to  brin;;  such  Hliip,  vunbuI, 
I  '],„.,(,  iiiti)  port,  and  to  searcli  and  oxaiuino  her  eargo  and  to  examine  the  master 
Iinioiioiitli,  touching;  tho  cargo  and  voyage,  and  if  there  be  any  goods  on  board  i>ro- 

hiliitcil  to  lie  Imported  into  tliis island,  sncli  ship,  vesHel,  or  boat,  and  tho  cargo  laden 
lull  liiiiiril  tlit^M'of,  shall  be  Ibrfeited ;  and  if  the  said  Mhi[>,  vessel,  or  boat  shall  bo 
I furiiil",  n""l  not  navigated  according  to  tho  law  (»f  Cireat  Britain  and  Ireland,  and 
L|,jll  iijivi)  licen  found  iishing  or  preparing  to  Iwh,  or  to  have  been  fishing,  within 
Liiliili«taiii'o  of  such  coasts,  bays,  crtiek,  or  harbors  of  this  island,  such  sliip,  vessel, 
[ill  liiiiit,  uiid  their  resijcctivo  cargoes  shall  bo  forfeited,  and  if  the  master  or  person  in 
[(omiiiaiKMlifreof  shall  not  truly  answer  tho  questions  which  shall  bo  demanded  of 

liiiii  in  Hucli  examination,  ho  shall  forfeit  the  suai  of  ono  hundred  iiounds. 

II.  And  ho  it  further  enacted,  That  all  goods,  ships,  vessels,  and  boats  liable  to  for- 
liitiim  under  this  act  shall,  and  nuvy  bo,  seized  and  8e<!ured  by  any  such  oflicor  of 

hlrr  JIiijc'sl^'s  customs,  otllcer  of  imposts  and  excise,  sheritts,  uuigistrates,  or  other  por- 
Liii  liiiidinj;  Hui.li  commission  as  aforesaiil ;  and  every  person  who  shall  in  any  way 
I oiiiinsc,  molest,  or  obstruct  .nyofllccr  of  tho  customs,  offlcer  of  impost  and  excise, 
inlii'iifl',  uiaj;intrato,  or  other  person  so  commissioued  and  employed  as  aforesaid,  in  tho 
[cscrciae  of  his  oflico,  or  shall  iu  any  way  oppose,  molest,  or  obstruct  any  iicrsou  act- 
IJDRin  aid  or  assistance  of  such  officer  of  customs,  oflicor  of  imposts  and  excise,  sher- 
lii,  iiiiiKixti'dt',  or  other  person  so  connnissioned  and  em])loyed  as  aforesaid,  shall,  for 
[rtciv  Hiicli  otleuso,  forfeit  tho  sum  of  two  hundred  pounds. 

III.  And  be  it  further  enacted,  That  all  goods,  ships,  vessels,  and  boats  which  shall  bo 
Isiiml  as  bi'ing  liable  to  forfoituro  under  this  act  shall  bo  taken  forthwith  and  deliv- 
[end  into  tho  custody  of  the  collector  of  customs  at  tho  custom-house  next  to  tho  place 
hvliero  tho  same  was  seized,  who  shall  secure  and  keep  tho  same  in  such  manner  as 
[other  vcHsels  and  goods  seized  are  directed  to  bo  secured  by  tho  commissioners  of  Her 
[jliijesty's  customs. 

IV.  And  be  it  further  enacted,  That  all  ^oods,  ships,  vessels,  boats,  or  other  things 
[wbicb  shall  have  been  condemned  as  forfeited  under  this  act  shall,  under  tho  direc- 

ioii  of  tho  j)riiicipal  oflicor  of  tho  customs  or  excise,  where  siu;h  seizure  shall  have 
[hein secured,  bo  sold  by  public  auction  to  tho  best  bidder,  aud  th«^  produce  of  such 
Ide  to  bo  apidied  as  follows,  that  is  to  say,  tho  amount  chiirgcable  for  tho  custody  of 
[ saiil  goods,  ship,  vessel,  boat,  or  any  other  thing  so  seized  as  aforesaid,  shall  bo  first 
[deducted  aiid  paid,  and  tho  residue  divided  into  two  equal  moieties,  ono  of  which 
[thall  bo  paid  to  tho  offlcer  or  other  person  or  persous  legally  seizing  tho  same  with- 
lont  deduction,  aud  the  other  moiety  to  tho  Government,  and  jiaid  into  tho  treasury 
lofthis  island,  all  costs  incurred  having  been  first  deducted  therefrom:  Provided  al- 
\wft,  That  it  shall  bo  lawful  for  the  lieutenant-governor,  in  council,  to  direct  that 
[auyof  SHcli  things  shall  bo  destroyed,  or  reservoil  for  the  public  service. 

V.  And  be  it  further  enacted,  That  all  penalties  aud  forfeitures,  which  may  bo  hore- 
laftoriucurrcd  under  this  act,  Shall  and  may  be  prosecuted,  pued  for,  and  recovered, 
[iutlie  court  of  vice-admiralty  having  jurisdiction  iu  this  island. 

VI.  And  he  it  further  enacted.  That  if  any  goods,  or  any  ship,  vessel  or  boat  shall 
Ibe  seized  as  forfeited  under  this  act,  it  shall  be  lawful  for  the  .judge  or  judges  of  any 
Iconrt  having  jurisdiction  to  try  and  determine  such  seizures,  with  tho  consent  of  tho 
Ipcreou  seizi.ig  tho  same,  to  order  tho  delivery  thereof,  on  security,  by  bond,  with  two 
iBiiUicient  sureties,  to  be  first  approved  by  such  seizing  officer  or  person,  to  puswer 
liloiibletbo  value  of  tho  same  in  case  of  coudenuiation,  and  such  bond  shall  be  taken 
Itotbo  use  of  Her  Majesty,  iu  the  name  of  the  collector <of  tho  customs,  in  whose  cus- 
llodytho  goods,  or  ship,  vessel,  or  boat  may  bo  lodged,  and  sucli  bond  shall  be  de- 
llivered  and  kept  iu  the  custody  of  such  collector ;  and  iu  case  the  goods,  or  ship,  ves- 
|«el,  or  boat  shall  be  condemuod,  the  value  thereof  shall  be  i)aid  into  the  hands  of  such 
Icollector,  who  slyiU  cancel  such  bond,  aud  distribute  the  money  paid  in  such  maunor 
las  is  above  directed. 

VII.  And  be  it  further  enacted,  That  no  suit  shall  bo  commenced  for  the  recovery  of 
Iwy penalty  or  forfeiture  under  this  act,  except  iu  the  name  of  Her  Majesty,  and  shall 
Itie  Drosecuted  by  Her  Majesty's  advocate  or  attorney  general,  or  iu  his  absence,  by  the 
liolicitor-gcnoral  for  this  island ;  aud  if  any  question  shall  arise,  whether  any  i)er80u 
lisauotiieer  of  tho  customs,  excise,  sheriff,  magistrate,  or  other  person  authorized  to 
lieizo  as  aforesaid,  viva  voce  evidence  may  bo  given  of  such  fact,  and  it  sha^  be 
^ecQied  legal  and  sufficient  evidence. 

yill.  Aud  be  it  further  enacted,  That  if  any  goods,  ship,  vessel,  or  boat  shall  be 
leizcd  for  any  cause  or  forfeiture  under  this  act,  and  any  dispute  shall  arise  whether 
nlie  same  have  been  lawfully  seized,  the  proof  touching  tho  illegality  thereof  shall  be 


302 


ItlGlITH   OF   AMEUIUAN   FISHERMEN. 


on  Mm  owimr  ov  »'1iiiinaiit  <>f  Mmli  j^oodH,  Hliip,  vessel,  or  boat,  mid  not  on  tli«offi~| 
or  ))ci'H((ii  wlio  hhall  w.'i'Mi  and  Hto|i  tlio  Haiiie.  I 

IX.  .Ind  he  it  further  enacted,  That  no  claim  to  anything  Hcizod  unihir  this  net  j^l 
rotnrncil  into  H';r  MnJ(}«ty'8  court  of  vicc-adiuiralty  lor  adjiiilicatioii,  nIiuU  hoaii.! 
niittcd,  iinloHS  hiicIi  chum  Uoenti^nMi  in  the  naino  of  Iho  owner,  with  IiIh  K'Nidcncnamil 
occupation  ;  nor  unltmH  oath  to  tho  luopcrty  in  such  tiling  ho  mail<(  hy  thu  owner  „.\ 
by  hiH  iiltorncy  or  agent,  hy  whom  such  chiim  Hhall  ho  cntt^rcd,  lo  tho  licit  of  hiil 
knowledge  and  belief;  and  every  person  making  a  falso  oath  thereto  shall  bo  di'emed  I 
guilty  of  a  misdemoanor,  and  shall  i-)  liublo  to  tho  paina  and  ponaltios  to  which  m.  I 
sons  are  liable  for  u  misdemeanor. 

X.  And  be  it  further  enacted,  That  no  person  shall  bo  admitted  to  entcracliiimiol 
anything  seized  in  i)nrHuanco  »)f  this  net  and  j»rosecut(Hl  in  this  island  tnitilHiill'cicjtl 
security  Hh;ill  have  been  given  in  tho  court  whore  such  seizure  is  pnisceiited, in» 
jjcnalty  not  exceeding  sixty  )*onuds,  to  answer  and  pay  the  costs  occasioiuHl  by Wb 
claim,  and  in  default  of  giving  such  socnrity,  such  things  uliall  bo  adjudged  to  befor  | 
felted,  and  shall  bo  condemuod. 

XI.  And  he  it  further  enacted.  That  no  writ  shall  bo  sued  out  against  nor  a  cop?  l 
of  any  process  served  upon  any  ofUccr  of  the  customs,  excise,  shorilf,  imigistruti!  uH 
other  person  authorised  to  seize  ns  aforesaid,  for  anything  done  in  the  oxoVcisoof  thii  1 
otHco  until  one  calendar  month  after  notice,  in  writing,  shall  have  been  delivered  to  I 
him  or  left  at  his  iisnal  placo  of  abode  by  the  attorney  or  agent  of  tho  party  wlioiu. 
tends  to  suo  out  such  writ  or  process,  in  which  notice  shall  be  clearly  and  expiieiilt 
contained  tho  cause  of  action,  and  tho  name  and  placo  of  abode  of  the  person  who  is 
to  bring  such  action,  and  the  name  and  place  of  abode  of  tho  attorney  or  agent,  and 
no  ovidenco  of  tho  cause  of  such  action  shall  be  produced,  except  of  siich  us  Hliall  be 
contiiincd  in  such  notice,  and  no  verdict  shall  be  given  for  the  plaintilf  unless  beshalll 
prove  on  tho  trial  that  such  notice  was  given,  and,  in  default  of  such  proof,  the  do- 
fendaiit  shall  receive  in  such  action  a  verdict  and  costs,  or  judgment  of  iioii-Hiiit  shall 
be  .awarded  against  the  plaintilf,  as  tho  court  shall  direct. 

XII.  And  he  it  further  enacted.  That  every  such  action  shall  bo  broi'ght  witliiol 
three  calendar  months  after  tho  cause  thereof,  and  shall  be  laid  and  tried  iuHtr| 
Majesty's  supremo  court  of  judicature  fortius  island,  aiul  tln^  (Ud'endaiit  may  [ilcail 
the  general  issiu)  and  give  tho  special  matter  in  ovidenco;  and  if  tho  pluintill'sjiallb  I 
come  non-suited,  or  shall  discontinue  tho  action,  or,  if,  upon  a  verdict  of  demurrer, 
judgment  shall  be  given  against  tho  plaintilf,  tho  defendant  shall  receive  treblecosts, 
and  have  such  remedy  for  the  same  as  any  defendaut  can  have  in  other  cases  when 
costs  are  given  by  law.  • 

XIII.  And  he  it  further  enacted.  That  in  case  any  information  or  suit  sLall  h« 
brought  t'>  trial,  on  account  of  any  seizure  made  under  this  act,  and  a  yoidict  shall  | 
be  found  for  the  claimant  thereof,  and  the  judge  or  court  before  whom  the  eausesliall 
have  been  tried  shall  certify  on  the  record  that  there  was  probable  cause  ol'  seizun) 
tho  claimant  shall  not  bo  entitled  to  any  costs  of  suit,  nor  shall  tho  person  wboiuad* 
such  seizure  bo  liable  to  any  action,  indictment,  or  other  suit  or  prosecution  on  ac- 
count of  any  such  seizure;  and  if  any  such  action,  indictment,  or  other  suitorprose-l 
cution  shall  be  brought  to  trial  against  any  person  on  ii«connt  of  such  seizure,  wliiTein 
a  verdict  shall  bo  given  against  tho  defendant,  the  vlaintilf,  besides  the  thing 
seized  or  the  value  thereof,  shall  be  entitled  to  no  more  than  twopence  damages,  nor 
to  any  costs  of  suit,  uor  shall  the  defendant  in  such  prosecution  bo  tiuedmoro  thai 
<nie  sliilling. 

XIV.  And  he  it  further  enacted,  That  it  shall  be  lawful  for  any  suchoirieerof  the 
customs,  excise,  or  sheriff,  or  magistrate,  or  other  person  authorized  to  seize  asal'ore- 
said,  within  ono  calendar  month  .after  such  ijotice,  to  tender  amends  to  the  party 
(^omplnining,  or  liiMageat.and  to  i)lead  such  tender  in  bar  to  any  action,  together  with 
other  jileas,  and  if  the  jury  shall  lind  tho  amends  suOicient  they  shall  give  a  verdict  for 
the  defendant,  and  in  such  case,  or  in  case  the  plaintiff  shall  become  non-suit,  orshall 
discontinue  his  action,  or  judgment  shall  bo  given  for  tho  defendant  upon  deimirrer, 
then  such  defendant  shall  bo  entitled  to  tho  like  costs  as  ho  would  have  been  entitled 
to  incase  he  had  pleaded  the  general  issue  only,  provided,  alway^,  that  it  shall  in 
lawful  for  such  defendaut,  by  leave  of  tho  court  where  such  action  shall  be  brought) 
at  any  time  before  or  .after  issue  joined,  to  pay  money  into  court,  as  in  other  actioiii 

XV.  And  he  it  further  enacted.  That  in  any  such  action  if  tho  judge  or  court  before 
whom  such  action  shall  be  tried  shall  certify  upon  tho  record  that  the  defendautor 
defendants  in  such  action  acted  upon  probable  cause,  then  tho  plaintilf  in  sueh  action 
shall  not  bo  entitled  to  more  than  two  jience  damages  nor  to  any  costs  of  suit.         I 

\VI.  And  he  it  farther  enacted,  That  all  actions  or  suits  for  the  recovery  of  any  of 
tho  penalties  or  forfeitures  imposed  by  this  act  may  be  commenced  or  prosecntedatj 
any  time  within  three  years  after  tho  oft'ence  was  committed,  by  reason  whereof  such 
penalties  or  forfeitures  shall  bo  incurred,  any  law,  usage,  or  custom  to  tho  coDtmrj  j 
uotwithstanding. 


RIGHTS   OF   AMERICAN    FISHERMEN. 


'M):i 


XVJl.  ^'"'' ''"  '*  /"'■"•<"■  eoaoled,  Tliat  no  appfiil  hIiuII  lio  iinmcciiliitl  from  any  ilfcruo 

I  ,ir  Htiitt'iioo  of  un>  of  Her  MojoHty's  coiiitH  in  tliiH  islaiul  toudiinj;  any  jKniulty  or 

iiirl'iituru  iiii|H)NO(l  I>y  tliiH  act  uuIuhh  tlio  inhibition  Hliall  bo  applietl  for  and  ducruoil 

ttitliiii  tw()lv(!  inonthH  from  the  time  when  Hiich  thicroo  or  Kiintonco  was  pronouiifod. 

XVIII-  Ami  be  it  further  enacted,  That  tliis  act  Hhall  not  yo  into  force  or  bo  of  any 

(ollict  imtil  Hit  Majesty's  pssont  Hhall  bo  Hif^nilii-d  tliorcto  and  an  order  niado  by  Her 

}\;\mt\-  in  council  that  the  clansoa  and  proviuionH  in  tluH  act  shall  bo  rules,  rcgula- 

iiMiw  lUKl  rcf  trictions  respect injj  the  liBhcries  on  tho  coasts,  bays,  creeks,  or  har- 

/(if  tUo  inland  of  Prinoo  Edward. 

Tliis  act  received  tho  royal  allowance  on  tho  Hd  of  September,  ISIl,  and 

I  Jill    iler  WHS  on  tho  same  day  made  by  Her  Majesty  in  conucil  declaring  that  Its 

Kliii-isaiid  provisions  should  bo  tho  rules,  refjulations,  and  restrictions  respecting 

t!iii  lislicrics  on  tho  coasts,  bays,  crooks,  or  harbors  of  I  ho  island  of  Prince  Edward : 

anil  notification  of  said  royal  assent  and  of  tho  said  order  was  published  in  tho  Royal 

[ciMtto,  a  no\vs))apcr  of  this  island,  on  tho  8th  day  of  October,  1804. 


31  VfoxoiuA,  Chap.  CI. 

■I 

AN  ACT  riMpcctiug  flHbinK  by  foreign  vesHolH.    Asiioutod  to  22d  May,  18C8. 

Her  Majesty,  by  and  with  tho  advico  and  consent  of  tho  senate  and  house  of  connnons 
Int'Ciiiiadii,  (Miacts  as  follows  : 

I.  Tim  f,'"^'<'i'""r  niay,  from  tinio  to  time,  grant  to  any  foreign  ship,  vessel,  or  boat, 

|«r  III  any  «Iiii>,  vessel,  or  bor'   not  nas'igated  according  to  tin*  laws  of  the  United 

Xin;,'iloiii,  or  of  Canada,  at  such  rate,  and  for  such  period  not  exceeding  one  year,  as 

imiKiy  ili^ciii  cxpisdieiit,  u  license  to  lish  for  or  take,  dry  or  euro  any  llsh  of  any  kind 

uliateViir,  in  Dritish  waters,  within  throe  marine  miles  of  any  of  the  coasts,  bays, 

inrceks,  or  liaibors  whatever,  of  Canada,  not  included  within  the  limits  speciliod  ami 

It'scribcd  in  the  lirst  article  of  tho  convention  between  his  late  Majesty  King  George 

Itlii'  Tiiinl  and  the  United  States  of  America,  made  and  signed  at  London  on  tho 

|2wli(Iay  of  October,  1H18. 

■.'.  Any  connuissioncd  otilcer  of  Iler  Majesty's  navy  serving  on  boai-d  of  any  vessel 

ci  lltiilajcsty's  navy  cruising  and  l)eing  in  tho  waters  of  Canada  for  i)!iri)ose  of 

julordiuj;  pi'otcction  to  Iler  Majesty's  Subjects  engaged  in  the  lisheries,  or  any  com- 

uis^ioueil  oflicer  of  Her  Majesty's  navy,  fishery  otilcer,  or  stipendiary  magistrate  on 

Vianlofany  vessel  belonging  to  or  in  tho  p<»rvico  of  tho  Government  of  Janada  and 

fc'uiployed  in  tho  service  of  protecting  tho  lisheries,  or  any  oflicer  of  the  customs  of 

tauada,  sheriff,  magistrate,  or  other  person  duly  commissioned  for  that  purpose,  may 

loon  board  of  any  ship,  vessel,  or  boat  within  any  harbor  in  Canada  or  hovering  (in 

cridsb  waters)  within  three  marine  miles  of  any  of  tho  coasts,  bayn,  creeks,  or  harbors 

|n  Canada,  and  stay  on  board  so  long  assho  nmy  remain  within  such  jilace  or  distance. 

l  If  such  ship,  vessel,  or  boat  bo  bound  elsewhere,  and  shall  continue  within  such 

|iarlior  or  so  hovering  for  24  hours  after  tho  master  shall  have  beeu  required  to  depart, 

aiy  Olio  of  such  officers  or  persona  as  aro  above  mentioned  may  bring  such  ship,  vea- 

k'l,  or  boat  into  port  and  search  her  cargo,  and  may  also  examine  tho  nmster  upon 

kalli timcbing  the  cargo  and  voyage  ;  and  it  tho  master  or  person  in  command  shall 

lot  truly  answer  tho  questions  put  to  him  in  such  examination,  he  shall  forfeit  $400; 

Inilif  such  ship,  vessel,  or  boat  bo  foreign,  or  not  navigated  according  to  the  laws 

If  the  United  Kingdom  or  of  Canada,  and  have  been  found  fishing,  or  preparing  to 

Isb,  ortoliavo  beeu  fishing  (in  British  waters)  within  three  niariuo  miles  of  any  of 

|ie coasts,  bays,  crooks,  or  harbors  of  Canada,  not  included  within  tho  above-men- 

'  limits,  without  a  license,  or  after  tho  expiration  of  tho  period  named  in  the 

wt  license  granted  to  such  ship,  vessel,  or  boat  under  the  lirst  section  of  this  act. 

Bell  ship,  vessel,  or  boat,  and  the  tackle,  rigging,  apparel,  furniture,  stores,  and 

largo  thereof  shal)  be  forfeited. 

H.  All  goods,  ships,  vessels,  and  boats,  and  tho  tackle,  rigging,  apparel,  furniture, 
ma,  and  cargo  liable  to  forfeiture  under  this  act  may  be  seized  and  secured  by  any 
Tictrsor  persons  mentioned  in  tho  second  section  of  this  act;  and  every  person  op- 
lj)siii|,'  any  oflicer  or  person  in  execution  of  his  duty  under  this  act,  or  aiding  or 
IWtiugauy  other  person  in  any  opposition,  shall  forfeit  $300,  and  shall  be  guilty  of 
Imisdcmeauor,  and  upon  conviction  be  liable  to  imprisonment  for  a  term  not  oxceed- 
K  two  years. 

r*.  Goods,  ships,  vessels,  and  boats,  and  the  tackle,  rigging,  apparel,  furniture, 

Fes,  aud  cargo  seized  as  liable  to  forfeiture  under  this  act,  shall  be  forthwith  de- 

|wre(l  into  tho  custody  of  the  collector  or  other  principal  ofiQcer  of  the  customs  at 

1  port  uoarost  to  the  place  where  seized,  to  be  aeoured  and  kept  as  other  gooda, 


304 


lUGflTS   OK    AMEUICAN    FI8IIKUMKN. 


Mhips,  v<!hs(iIh,  ikiKl  lioiitH,  iiiid  tlio  tiicklo,  i'i;rKiii^.  tip|i<ti'<tl,  fiiriiitiiio,  hIokn  jujl 
cur^o  h(m/.im1  uhi  «lii'i>e<o(l  by  tho  Iuwh  in  t'oictt  in  tlio  iirovinco  in  whicli  hikIi  |M,r(„| 
Hiliiat«s  to  liu  HturiirtMl  mid  kopt,  or  into  hiicIi  oilier  ciiHtody  unci  kiiupiii|r  m,  tlioirat.! 
i-riior  ill  council,  or  u  court  of  vico-udiniriiUy  hIiiiII  ordur,  i 

<i.  All  j;oo(1h,  vohhuIh,  u.id  bouts,  nnd  tho  tiicklo,  rigcinu;,  appnrcl,  fnriiitiiro, Ktoral 
uiid  enrgo,  condciiHiu«l  uh  fort'oitod  under  tliiH  uut,  huuII,  by  dirootion  of  tli(U'nilee.| 
tor  or  otLtsr  iirineipul  olTlcor  of  tho  cuHtoiuH  at  tho  port  whoro  tho  WMziiro  iiiw  \mi\ 
Hoi;tirod,  bo  hoIiI  nt  public  auction,  and  tho  procoudu  of  Huch  huIo  Hhnll  Im  nji|)li(M{||| 
followH:  Tho  aiiiount  cliurncablo  for  tho  cimtody  of  tho  property  Hoizcd  hIihII  timj 
be  «leduoted  and  paid  over  for  that  Hcrvice;  «)U(i-lialf  of  tho  remainder  Hlmlllid  fM 
without  deduction,  to  tho  otllcer  or  jterson  Hoizinuf  tho  Name,  and  tho  other  Imlf,  afterj 
liiHt  deducting  therefrom  all  cohIh  incurred,  hIuiII  bo  [laid  to  tho  rcceivcr-gencnlrfj 
Canaila,  through  tho  department  of  iiiarino  and  liMheries;  but  tho  governor  in  comtl 
oil  may,  noverthclesH,  direct  that  any  whip,  vessel,  boat,  or  (foods,  ami  the  tacklo, tigf 
giug,  apparel,  fiirnituro,  stores,  and  cargo  seized  uud  foifoited,  sbuU  beitoHtroydoil 
be  reserved  for  the  public  service. 

7.  Any  penalty  or  forfeiluro  iindor  this  act  may  bo  prosecuted  and  rocoverod  iu  aoji 
court  or  vieo-admiralty  within  Canada.  l 

8.  The  jiulgo  of  tho  court  of  vice-admiralty  may,  with  tho  consent  of  tlio  \Knm\ 
seizing  any  goo<ls,  ship,  vessel,  or  boat,  and  tho  tackle,  rigging,  apparel,  fiirnitim'J 
stores,  ami  cargo,  as  forfeited  under  this  act,  order  tho  redelivery  thereof,  on  secnriiyl 
by  bond  to  bo  given  by  the  party,  with  two  sureties,  to  tho  use  of  Her  MuJcHty,  iiodl 
ill  case  any  goods,  ship,  vessel,  or  boat,  or  tho  tncklo,  rigging,  apparel,  Viirnitiire,! 
store's,  and  cargo  so  redelivered  is  condemned  as  forfeited,  tho  value  thereof  shall  be| 
paid  into  court,  and  distributed  as  above  directed. 

U.  H(«r  Majesty's  attorney-genernl  for  C'liiuula  may  sue  for  ond  recover  in  Hei 
Majesty's  name  any  penalty  or  forfeiture  incurred  under  this  act. 

lb.  In  ca.so  a  disMUto  arises  as  to  whether  any  seizuro  has  or  hnu  not  boou  lipUJ 
made,  or  as  to  whether  tho  person  seizing  was  (;r  was  uot  authorized  to  soize  iimletl 
this  act,  oral  evidence  may  bo  heard  thereupon,  and  tho  bui-den  of  proving  tLnill 
gality  of  the  seizure  shall  be  upon  tho  owner  or  claimant. 

11.  No  claim  to  anything  seized  nnder  this  act  and  retnruod  into  any  court  of  vicej 
admiralty  for  adjudication  shall  be  admitted  unless  the  claim  be  entered  under oalk, 
with  the  name  of  tho  owner,  his  residence  and  occupation,  and  tho  description  of  tbi 
property  claimed,  which  oath  shall  bo  made  by  the  owner,  his  attorney,  or  agent,  an^ 
to  the  best  of  liis  knowledg')  and  belief. 

12.  No  person  shall  enter  a  claim  to  luiythiiig  seized  under  this  act  until  seciiritjl 
has  been  given  iu  a  penalty  not  exceeding  two  hundred  and  forty  dollars  to  answrf 
and  pay  costs  occasioned  by  such  claim,  and  in  default  of  security  the  things  seia 
shall  be  adjudged  forfeited,  and  shall  be  condemned. 

i;{.  No  writ  shall  bo  sued  out  against  any  olllcer  or  other  person  authorized  toseiij 
under  this  act  for  anything  done  under  this  act,  until  one  month  after  notice  inwrilj 
iiig  delivered  to  liiin  or  left  at  his  usual  jilaco  of  abode  by  tho  person  intending  Unm 
out  such  writ,  his  attorney  or  agoirt;  in  which  notice  shall  be  contained  tliociiusoM 
action,  tho  name  and  place  of  abode  of  the  person  who  is  to  bring  the  action,  and  of  hi 
attorney  or  agent,  and  no  evidence  of  any  canse  of  action  shall  bo  produced  txcep[ 
suck  OS  shall  bo  contained  In  such  notice. 

14.  Every  such  action  shall  bo  brought  within  three  months  after  the  causo  tlicn 
has  arisen. 

15.  If  on  any  information  or  suit  brought  to  trial  nnder  this  act  on  account  of  8d| 
seizure,  judgment  shall  bo  given  for  tho  claimant,  and  the  judge  or  court  shall  wrtif 
on  the  record  that  there  was  probable  cause  of  seizure,  the  claimant  shall  notricovj 
costs,  nor  shall  tho  person  who  made  the  seizures  bo  liable  to  any  indictment  or  snl 
on  account  thereof;  and  if  rny  suit  or  prosecution  bo  brought  against  any  person/ 
account  of  any  seizure  nnder  this  act,  and  judgment  be  given  against  liim,aiidla 
court  or  judge  shall  certify  that  there  was  probable  cause  for  the  seizure,  then tlj 
plaintiff,  besides  the  thing  seized  or  its  value,  shall  not  recover  more  than  three « 
a  half  cents  damages,  nor  any  costs  of  suit,  nor  shall  the  defendant  bo  flued  mo| 
than  twenty  cents. 

16.  Any  ofllcer  or  person  who  has  made  a  seizure  under  this  act  may,  within  o 
month  after  notice  of  action  received,  tender  amends  to  the  party  oompluiningi  orl 
his  attorney  or  agent,  and  may  plead  such  tender.  J 

17.  All  actions  for  tho  recovery  of  penalties  or  forfeitures  imxiosed  by  this  act  ma 
be  commenced  within  three  years  after  tho  ofleuse  committed.  J 

18.  No  appeal  shall  be  prosecuted  from  any  decree,  or  sentence  of  any  court  toaa 
ing  any  penalty  or  forfeiture  imposed  by  this  act,  unless  the  inhibition  bo  appliedr 
and  decreed  within  twelve  mouths  from  tho  decr'^c  oi  ouuteuce  being  prononnced. 

19.  In  cases  of  seizure  under  this  act,  the  governor  in  council  may,  by  ordcr,di" 
a  stay  of  proceedings ;  and  in  cases  of  condemnation  may  relievo  from  tho  pfi 
in  whole  or  in  part,  and  on  such  terms  an  may  be  deemed  right. 


A.V  ACT  to  umoniJ 


UIOIITS    01'   AMERICAN    FrSlIKRMEN. 


3o; 


JO,  Tlio  wvoriil  provinionH  of  MiIh  net  nIiiiII  iipply  t(i  niiy  loruiKU  Hliip,  vraHot,  or 
lUat  In  or  iipoii  tho  iiiliuul  wiitura  of  ('iiiiiida;  iiiicl  tho  itrovisiotiH  Itoroiiiboforn  iiuu- 
luim'<li»  roHpo(!t  to  any  protH)0(liti<{H  i;i  ii  (souiti  of  viuo-HilmiraUy  hIiiiII,  in  ilio  cumo  of 
liDV l'urui);»  H'lip,  vttHH<^l,  or  bout,  in  or  upon  tlio  inliind  wutorH  of  (Jitiiitdu,  apply  to, 
iiiiiiiHiV  pi-'nally  or  forfoituro  in  rt)Npi!(!t  tlioroof  hIiii,!!  lio  pro.socuttid  and  nuiovortid  in 
CntMif  tbu  Hiipurior  courts  of  thu  provinuo  witliin  wbicli  Huub  ouusu  of  proHuontiou 

nay  ari*'- 

i\,  Ne..l.<<rtlio  ninety-fourth  chivptor  of  tuo  UoviHod  Htiitiitosof  Nova  Hnotla  (third 

jffieit),  "^'  •'"'  •!"U'*t  ""'I  <l<'<'p-Ht"tt  llshciricH,"  nor  tbo  act  of  tho  louinbitiuo     f  tho 

fnivinto  of  Nova  Scotia,  j)ai«od  in  tlio  twenty-ninth  year  of  Uor  MaJoHty'H  r«(if?n, 

'diaiitcr  thiriy-fivo  amending  the  Name,  nor  tint  uct  of  the  UtgiHlauiru  of  tlio  ]iroviucu 

LfNoff  HnniNwick  passed  in  tho  HJxtecnth  y<'ar  of  llor  MaJoMty'M  reign,  (slvipter  slxty- 

liiii, iiititl<'d  "An  act  rehiting  to  tbo  eoant  liMlieri(!h'  and  for  tho  prevention  of  illicit 

rule, " xliull  ivpp'y  ^"  '*"y  *''^'*"  ^"  whi(!h  thiH  a(;fc  apitlien;  and  ho  much  of  tbo  Haiti 

liiilitcr  ami  of  each  of  the  said  acts  an  makes  proviHion  for  cases  provided  for  by  this 

L't,  Ih  Luruliy  declared  to  be  inapplicable  to  such  cases. 


!W  ViCTOuiA,  Chap.  Ifi. 
AX  ACT  (u  amend  tlio  uut  rcoiw^t'D);  iUIilu);  by  fiiruigii  vuhhoU.    AswinttMl  tu  ISIli  May,  1870. 

Whereas  it  is  expedient,  for  tho  more  e(rectii..l  proluction  of  the  in  shore  (ishories 
IfCanuda  axainct  intrusion  by  foreigners,  to  amend  the  act  entitlod  "jtn  act  roHpect- 
|ii"li»liiug  liy  foreign  vessels,"  passed  in  tho  tbirty-lirst  year  of  Her  Majesty's  reign  : 
Ihereforo,  lior  Majesty  by  and  with  the  advice  and  consent  of  tho  senate  and  house 
((coiimiouH  of  Canada,  enacts  as  follows  : 

I,  Tho  third  section  of  tho  above  cited  act  shall  bo,  and  is  hereby  repealed,  and  tlio 
biloving  section  is  ouactcd  iu  its  stead  : 

J;!.  "Any  ouo  of  such  ofllcors  or  persons  as  are  abovc-mentiontjd  may  bring  any  ship, 
[fMSol,  or  boat  being  within  any  harbor  in  Canada,  or  hovering  (in  British  waters) 
kitbiii  tbreo  marine  miles  of  any  of  tho  coasts,  bays,  creeks,  or  harbors  in  Canada, 
koport,  and  search  her  cargo,  and  may  also  examine  the  master  upon  oath  touching 
Jhe  cargo  and  voyage ;  ond  if  tho  master,  or  person  in  command,  shall  not  truly 
kavrcr  tho  quostioua  put  to  him  in  such  examination,  ho  shall  forfeit  $400;  anil 
B  such  ship,  vessel,  or  boat  bo  foreign,  or  not  navigated  according  to  the  laws  of  tho 
initwl  Kingdom,  or  of  Canada,  and  have  been  found  iishing,  or  preparing  to  fish,  or 
jo  have  beeu  fishing  (in  British  waters)  within  three  marine  miles  of  any  of  tho 
jcaets,  bays,  creeks,  or  harbors  of  Canada,  not  included  within  tho  above-mentioned 

mils,  without  a  license,  or  after  tho  expiration  of  tho  period  named  in  the  last 

%D8«f;rantcd  to  such  ship,  vessel,  or  boat,  under  tho  first  section  of  this  act,  such 
kip,  vessel,  or  boat,  and  the  tackle,  rigging,  apparel,  furniture,  stores,  and  cargo 
Bfreof  shall  bo  forfeited." 
I  i.  This  act  shall  bo  construed  as  one  with  the  said  act  "  respocti  ng  fishing  by  foreign 


34  Victoria,  Chap.  23. 

p' ACT  furtbor  to  amend  Ike  not  roapeoting  flaking  by  foreign  veHsolH.    Asaouletl  tu  Aiiril  II,  1871. 

I  Her  Majesty,  by  and  with  tho  advico  and  consent  of  tho  seuato  and  house  of  com- 
WDS  of  Canada,  enacts  as  follows: 

.  Tho  fifth  section  of  tho  act  respecting  fishing  by  foreign  vessels,  piuwed  in  the 
rty-Hrat  year  of  Her  Majesty's  roicn,  chapter  sisty-ono,  is  hereby  repealed,  and 
le  following  section  is  hereby  enacted  in  its  stead : 

"a.  Goods,  ships,  vessels,  and  boats,  and  tho  tackle,  rigging,  apparel,  furniture, 
lores,  aud  cargo  seized  as  liablo  to  forfeiture  under  this  act  ishall  bo  forthwith  de- 
[fercil  into  the  custody  of  such  fishery  offlcer,  or  customs  ollicor,  or  other  person  as 
V minister  of  narino  and  fishories  may  from  time  to  time  direct,  or  retained  by  tho 
icerniakiiig  t  io  seizure  in  his  own  custody,  if  so  directed  by  •the  minister,  in  either 
^■*to  bo  securei!  and  kept  as  other  goods,  ships,  vessels,  and  boats,  and  tlio  tackle, 
sing,  apparel,  furniture,  stores,  and  cargo  seized  are  directed,  by  the  laws  in  force 
Jthc  province  in  which  tho  seizure  is  made,  to  be  secured  aud  kept." 
U  Tho  sixth  section  of  tho  said  act  is  hereby  repealed,  aud  tho  following  section  is 
Iteby  enacted  in  its  stead : 

H'  AH  goods,  vessels,  and  boats,  and  the  tackle,  rigging,  appa,rel,  furniture,  stores, 

^cargo  condemned  as  forfeited  under  this  act,  shall  be  sold  by  public  auction,  by 

^t'.on  of  tha  offlcer  having  tho  custody  thereof,  under  the  provisions  of  the  next 

(filing  section  of  this  act,  antl  under  regulations  to  be  from  time  to  time  mado  by 

« governor  in  counoil;  and  tho  proceeds  of  every  such  sale  shall  he  subject  to  tho 

[otrolof  the  minister  of  marine  and  fisheries,  who  shall  first  pay  therefrom  all  nec- 

8.  Ex.  113 20 


30G 


EIGHTS    OF   AMERICAN   FISHERMEN. 


esaary  costs  and  oxponscH  of  cuHtady  aud  sale,  and  the  governor  iu  council  may  from 
time  to  time  ai)portioii  three-fourths  or  less  of  'uhc  not  remainder  among  tlii>  offlcctii 
and  crew  of  any  Queen's  ship  or  Canadian  Govornnieut  vessel,  from  ou  board  of  whicli 
the  seizure  w  s  made,  as  he  may  think  right,  reserving  for  the  Goveramont  and  pay. 
ing  over  to  the  receiver-general  at  least  one-fourth  of  such  uct  romaindor  to  f'orui 
part  of  1)ho  consolidated  revenue  fund  of  Canada ;  but  the  governor  in  couucii  luav 
neverthelesu,  direct  that  any  goods,  vessel,  or  boat,  aud  the  tackle,  rigging,  apparel 
furniture,  stores,  aud  cargO;  seized  and  forfeited,  shall  bo  destroyed,  or  bo  reservti 
for  the  public  service." 

3.  This  act  shall  be  construed  as  one  with  the  act  hereby  amended ;  aud  the  sixtii 
section  of  the  said  act,  as  contained  in  the  second  section  of  this  act,  shall  apply  tij 
all  goods,  vcsscIm,  and  boats,  and  the  tackle,  rigging,  apparel,  furniture,  Htores  and 
cargo,  condemned  under  the  said  act  before  lue  pascir.g  of  this  act,  and  to  tho'ino. 
ceeds  of  the  sale  thereof,  remaining  to  be  applied  aud  paid  at  the  time  of  the  passinc 
of  this  act.  " 


46  Victoria,  Chap.  27. 

AN  ACT  to  extend  to  British  Columbia  tho  act  relating  to  flsbing  by  foreign  veasuls.    Assented  to 

25tb  May,  1883. 

Her  Majesty,  l»y  and  with  the  advice  and  consent  of  the  senate  and  house  of  com- 
mons of  Canada,  enacts  as  follows : 

1.  The  act  thirty-first  Victoria,  chapter  sixty-one,  intituled  "An  act  respecting  fish- 
ing  by  foreign  vessels,"  is  hereby  extended  to  the  Proviuco  of  British  Columbia. 


No.  16. 


Mr.  Bayard  to  iSir  L.  West. 

Department  OF  State, 
Washington,  July  2,  188G. 

Sir  :  It  is  my  unpleasant  duty  promptly  to  communicate  to  you  tbe 
telegraphic  report  to  me  by  the  United  States  consul-general  at  Hali 
fax,  that  the  schooner  City  Point,  of  Portland,  !,Io.,  arrived  at  the  port 
of  Shelburue,  Nova  Scotia,  lauded  two  men,  obtained  water,  and  is  de- 
tained by  the  authorities  until  further  instructions  are  received  from 
Otta^va. 

The  case  as  thus  reported  is  an  infringement  on  the  ordinary  rights 
of  international  hospitalitj^,  a-ud  constitutes  a  violation  of  treaty  stipu- 
lations and  commercial  privileges,  evincing  such  unfriendliness  to  tbe 
citizens  of  the  United  States  as  is  greatly  to  b6  deplored,  and  whicli  I 
hold  it  to  be  the  responsible  duty  of  the  Government  of  Great  Britain 
promptly  to  correct. 


1  have,  &c.. 


T.  P.  BAYAKD. 


No.  17. 

Sir  L.  West  to  Mr.  Bayard. 

Washington,  JizZi/ 3, 18SG.    [t^  ;ceived  July  C] 
Sir  :  I  have  the  honor  to  acknowledge  the  receipt  of'j'our  note  of  tlie 
2d,  reporting  the  detention  of  the  American  schooner  City  Poiut,ot 
Portland,  Me.,  by  the  authorities  of  Shelburne,  Nova  Scotia. 
I  have,  &c., 

L.  S.  SAOKVILLE  WEST. 


RIGHTS   OF   AMERICAN   FISHERMEN.  307 

No.  18. 

iSir  L.  West  to  Mr.  Bayard, 

Washington,  July  3,  1886.    [Keceivett  July  C] 
Sir:  With  rofereuco  to  your  :ioto  of  the  29tb  of  May,  I  Lave  the 
[lionorto  inform  you  that  1  am  instructed  by  the  Earl  of  Eosebery  to 
state  that  the  matters  therein  referred  to  will  re.;eive  the  careful  at- 
tention of  Her  Majesty's  Government  after  the  necessary  commuuica- 
[tion  with  the  Domjnion  Government. 
I  have,  &c., 

L.  S.  SACKVILLE  WEST. 


No.  19. 

Mr,  Bayard  to  Sir  L,  Went, 

Depaktment  op  State, 
Washington^  July  10,  188G. 

Sir  :  Ou  the  2d  of  June  last  1  had  the  honor  to  inform  you  that  dis- 
[liatches  from  Eastport  in  Maine  had  been  received,  reporting  threats 
[by  tl»e  customs  oiJicials  of  the  Dominion  to  seize  American  boats  coming 
[into  tuose  waters  to  purchase  herring  from  the  Canadian  weirs  for  the 
Ipiirpose  of  canning  the  same  as  sardines,  which  would  be  a  manifest 
lintractiou  of  the  right  of  purchase  and  sale  of  herring  caught  and  sold 
[by  Canadians  in  their  own  waters — in  the  pursuance  of  legitimate  trade. 

To  this  note  I  have  not  had  the  honor  of  a  reply. 

Today  Mr.  C.  A.  Boutelle,  M.  O.  from  Maine,  informs  me  that  Amer- 
[icau  boats  visiting  St.  Andrews,  New  Brunswick,  for  the  purpose  of 
[there  purchasing  herring  from  the  Canadian  weirs,  for  canning,  had 
[been  driven  away  by  the  Dominion  cruiser  Middleton. 

Such  inhibition  of  usual  and  legitimate  commercial  contracts  and  in- 
Jtereourse  is  assuredly  without  warrant  of  law,  and  I  draw  your  atten- 
to  it  in  order  that  the  commercial  rights  of  citizens  of  the  United 
[States  may  not  bo  thus  invsided  and  subjected  to  unfriendly  discrimi- 
nation. 


1  Lave,  &c., 


T.  F.  BAYARD. 


No.  20. 

Mr.  Bayard  to  Sir  L,  West. 

I 

Department  of  State, 

Washington,  July  10, 188G. 

i>iB:  I  have  the  honor  to  inform  jou  that  I  am  ?n  receipt  of  a  report 

Iroiii  the  consul-general  of  the  United  States  at  Halifar,  accompanied 

l,v  sworn  testimony  stating  that  the  Novelty,  a  duly  registered  mer- 

lliant  steam- vessel  of  the  United  States,  has  been  denied  the  right  to 

™e  in  steam-coal,  or  purchase  ice,  or  transship  fish  in  bond  to  the 

Nted  States,  ai)  Pictou,  Nova  Scotia. 


308 


RIGHTS    OF    AMERICAN    FISHERMEN. 


It  appears  that,  having  reached  that  port  on  the  Ist  instant  and  fin^ 
mg  the  customs  office  closed  on  account  of  a  holiday,  the  master  of  the 
Novelty  telegraplied  to  the  minister  of  marine  and  fisheries  at  Ot 
tawji,  asking  if  bo  would  bo  permitted  to  do  any  of  the  three  tliiiio,s 
mentioned  above;  that  ho  received,  in  reply,  a  telegram  reciting  with 
certain  inaccurate  and  extended  application  t'ao  language  of  Articlp  I 
of  the  treaty  of  1818,  the  limitations  upon  the  significance  of  which  arc 
in  pending  discussion  between  the  Government  of  the  United  States 
jind  that  of  Her  Britannic  Majesty;  that  oh  cutering  and  clearing; tbc 
Novelty  on  the  following  day  at  the  custom- howso,  the  collector  stated 
that  his  instructions  were  contained  in  the  telegram  the  master  had  re 
ceived ;  and  that,  the  privilege  of  coaling  being  denied,  the  Novelty  was 
compelled  to  leave  Pictou  without  being  ahowed  to  obtain  fuel  neces- 
sary for  her  lawful  voyage  on  a  dangerous  coast. 

Against  this  treatment  I  make  instant  and  formal  protest  as  an  usi- 
warranted  interpretation  and  application  of  the  treaty  by  the  officers 
of  the  Dominion  of  Canada  and  the  Province  of  Nova  Scotia,  as  an  in 
fraction  of  the  laws  of  commercial  and  maritime  intercourse  existing 
between  the  two  countries,  and  as  a  violation  of  hospitality,  and  Tor 
any  loss  or  injury  resulting  therefrom  the  Government  of  Her  Britannic 
Majesty  will  be  held  liable. 
I  have,  &c., 

T.  F.  BAYAllD. 


No.  21. 


Mr.  Rardinge  to  Mr.  Bayard. 

» 

British  Legation, 
Washington,  July  12,  1886.    [Received  July  13.] 

Sir  :  I  have  the  honor  to  acknowledge  the  receipt  of  your  letter  to 
Sir  Lionel  West,  of  the  10th  instant,  protesting  against  the  interfer- 
ence of  the  Dominion  cruiser  Middleton  in  preventing  American  boats 
from  visiting  St.  Andrews,  New  Brunswick,  for  the  jiurpose  of  there 
purchasing  herring  from  the  Canadian  weirs  for  canning,  and  I  have 
the  honor  to  state  that  I  will  not  fail  to  acquaint  Her  Majesty's  Gov 
ernment  with  your  views  on  this  subject. 
I  Iiave,  &c., 

CHARLES  HARDINGE. 


M' 


No.  22. 
Mr.  Rardinge  to  Mr.  Bayard. 

Bri'iish  Legation, 
Washington,  July  12,  1880.    [Received  July  13.j 
Sir:  1  have  the  honor  to  acknowledge  the  receiiit  of  your  note  to 
Sir  L.  West  of  the  10th  iustantj  protesting  against  the  proceediuffs 
of  the  Canadian  authorities  at  Pictou,  Nova  Scotia,  in  denying  to  the 
steam-vessel  Novelty,  of  the  United  States,  the  right  to  take  in  steam 
coal,  purchase  ice,  or  transship  fish  in  bond  to  the  United  States. 
I  have,  &c., 

OHABli?:S  HAEDINGE. 


.  BAYAliD. 


RIGHTS  07  AMERICAN  FISHERMEN.  300 

No.  23. 
Jir.  Bayard  to  Mr.  Hardinge. 

DErARTMENT  OF  STATE, 

WasHngton,  July  IG,  1880. 

Sir:  I  have  just  received  tbrongli  tbo  honorable  0.  A.  Boutelle,  M. 
C,  tbe  aflQdavit  of  Stephen  K.  Balkam,  alleging  his  expulsion  from  the 
harbor  of  St.  Andrews,  Ne\7  Brunswick,  by  Captain  Kent,  of  the  Do- 
luiiiioii  cruiser  Middleton,  and  the  refusal  to  permit  him  to  ])urcluise  fish 
caught  and  sold  by  Canadians,  for  the  purpose  of  canning  as  sardiiies. 

The  action  of  Captain  Kent  seems  to  be  a  gross  violation  of  ordinary 
commercial  privileges  against  an  American  citizen  proposing  to  transact 
his  customary  and  lawful  trade  and  not  prepared  or  intending  in  any 
way  to  fish  or  violate  any  local  law  or  regulation  or  treaty  stipulation. 

1  trust  instant  instructions  to  prevent  the  recurrence  of  such  unfriendly 
aiulunlawful  I  I'eatment  of  American  citizens  may  be  given  to  the  oftend- 
iiig  officials  at  St.  Andrews,  and  reparation  be  made  to  Mr.  Balkam. 
I  have,  &c., 

T.  F.  BAYARD. 


No.  24. 

Mr.  Uardinge  to  Mr.  Bayard. 

British  Legation, 
Washington,  July  17, 1880.    [Received  July  19.] 
Sir  :  I  have  the  honor  to  acknowledge  the  receipt  of  your  note  of 
yesterday's  date,  protesting  against  the  action  of  Captain  Kent,  of  the 
Ijoniinion  cruiser  General  Middleton,  in  expelling  Stephen  R.  Balkam 
from  tbe  harbor  of  St.  Andrews,  New  Brunswick,  and  in  refusing  to 
permit  him  to  purchase  flsh,  caught  and  sold  by  Canadians,  for  the  pur- 
pose of  canning  as  sardines. 
I  have,  &c., 

CHARLES  HARDINGE. 


No.  25. 

Mr.  Bayard  to  Sir  L.  We&t. 

Department  of  State, 

Washington,  July  30,  1880. 

Sir  :  It  is  my  duty  to  draw  your  attention  to  an  infraction  of  the 
stipulations  of  the  treaty  between  the  United  States  of  America  and 
Great  Britain,  concluded  October  20, 1818. 

Cy  tbe  provisions  of  Article  I  of  that  convention  the  liberty  to  take 
fisli  of  every  kind,  forever,  in  common  with  the  subjects  of  Ilis  Britan- 
nic Majesty  is  secured  to  the  inhabitants  of  the  United  States  "  on  that 
partof  tlie  southern  coast  of  Newfoundland,  which  extends  frt)m.Cape 
Kay  to  the  liamean  Islands,  on  the  western  and  northern  coast  of  New- 


:^io 


lUOKTS   Ol''   AMKUICAN    FIHIiKKMKN. 


foiiii(naii(1,  Troni  tlio  sniH  Ci\.\)o  Ua.v  to  flio  Qiiirpoii  Th1;iu(1s,  on  tlie  I 
tslioroH  of  iJ)o  Mii};(liil(>ii  LsIuihIn,"  tui(i  on  tlio  oMkm'  coiiHtN  and  Hli(U't;,sii| 
tlu>  Nil  id  arlicio  hoI.  Ibrtli. 

Not\vilJiN(iin(liii;jf  (liosoi»lain  i>r<)viHi(Hi8,  I  r(««:ri>l/  to  Ins  oblijrj'd  lo  jn, , 
!V<nn  .you  llmt.  by  tli«^  unidavil.  of  tlio  iiuistor  of  \\w  Aiiioric^m  llsliinJ 
V0HS«>I  'riiomiiH  l'\  Uayard,  (lint  l)(>iiif'  at  lloiino  Hay,  wliicli  JHoiiHic 
wosttM'ii  roast  of  No'.vfoiiiidlaii<l  \vitliiii  tlio  liiiiitN  .s|)i'c,ilU>d  in  Arli('|i>| 
of  tliocoiivt'iilio'i  ndorrod  to,  tim  iiia.sl(M'  oi'  tlui  isaid  vohscI  wasl'or 
iniilly  iiotitltMl  by  ono  N.  N.  Taylor,  (|H^  onUu'r  of  c-iisIimiis  at  tliiit,|)(iint, 
that  bis  vcssid  would  bo  soi/cd  if  ho  attiMiipli'd  to  obtain  a.  riupplvflij 
lisl>  for  bait  or  for  any  otiioi- 1 ninsaction  in  oonnortioii  with  liNlijii^rnii 
orations  within  tlirco  niarino  niilos  of  that  coast.. 

To  avoid  tlio  soizuro  of  his  vossel  t  ho  master  broko  up  his  voyafjoanl 
rot  ur nod  homo. 

I  am  also  in  possossion  of  tlio  ailidavit  of  Ah^xandor  T.  lOaclicrii,  111118. 1 
tor  of  lln>  Am'M'ioaii  ilshinjjs(!hoonorl\l)us«',ot,  wlio(MitA.'rod  Port  Amlit^ist ' 
Map;dalon  Islands,  and  wasthoro  throatonoii  by  tlio(Misto!ns()ni(;ial\viili 
soi/,nn»  of  his  vossol  if  ho  attomptod  to  obtain  bait  for  llshinj,'  or  to  take  j 
a  pilot. 

Thoso  ar<>  tlajjrant  violations  of  troaty  rights  of  t  lioir  oiti.ens  rorwhicn  1 
tlio  llnitod  JStatos  oxpoot  proni])t  lomodial  action  by  Jlor  Majesty's (iov 
orninont';  and  I  hav(>  to  ask  that  snch  instrnotions  may  bo  issued  forlli 
witJi  to  tlio  provincial  oillcials  of  Newfoundland  and  of  tho  I\1a<r(l;il('ii 
Islands  as  will  cause  tho  troaty  ri{j[hts  of  citizens  of  the  United  Stiitcsl 
lo  bo  duly  respected. 

Kor  (ho  losses  occasione<l  in  the  two  cases  1  have  mentioned,  eoiii|wii 
8ati«)n  will  hereafter  bo  oxpectod  from  Her  iMaJesty'sdovormneiit  wlicii 
tho  amount  shall  Inivo  been  accurately  ascortaiiUMl. 
I  Inivo,  &c., 

T.  l'\  liAYAKD. 


J  ! 


iTo.  JO. 

Mr.  llari^itujc  to  Mr.  Bayard, 


llRTTisii  Legation, 
WashiiufioH^  Julj/'M,  l.SS(>.     [liocoivod  An},'ust2,] 

Sm:  I  have  (ho  honor  to  acknowlodfjo  the  i(>('eipt  of  your  iiofooti 
yesterday's  date,  drawiujj;  my  attention  loan  a.lle}>ed  infraction  of  the  I 
'stipulations  of  tho  treaty  of  October  130,  1818,  by  tho  Newfoundliuidau 
thorities  at  Bonne  Bay,  in  threatenin}>'  (ho  master  of  tho  American  lisli 
injj  vessel  Thomas  F.  Bayard  with  seizure  of  his  ship  in  easeol'liisi 
nttemptin};  to  obtain  lish  for  bait  or  fen-  any  other  transaction  in  coU' 
nectiou  with  l^shinj;  operations  within  (hrco  marine  miles  of  that  coastji 
also,  to  the  cas-i  of  tho  United  States  (Ishing  s  ,!>ooner  Mascot,  atrortj 
Amherst,  Magdalen  Islands.  ' 

I  have,  &c., 

OUAULES  HAllDINGK, 


RiaUTH   or   AMKUICAN    lUHlIKUMEN. 


liil 


No.  Ii7. 
Mr.  JIardingo  in  Mr,  lluyard. 

lilMTIHII  liKOAVION, 

WaHhinffloii,  AnyuHt.  \i,  IHH(J.  (l.t(U!<iiv<)<l  Ai<{,MiHf,  .'J.J 
Hill:  With  r(if(M<in<!(»  1,<)  (lh^  H(^V"l■lll  roimriiiiiij'.alJonn  i<'.<'.(iiv(ul  by  Her 
MiiicHl.v'H  legation  ruit^riii^'  !>  tJio  act  ion  of  Mio  (/iiniKlliiii  aiilliorit/ii^H  in 
(oiiiicrlion  with  llio  prtwcnt  poHilion  of  tho  Nortli  Arti<'ii(!iiri  IIhIhtIcm 
(MioKtioii,  1  liiivo  Iho honor  loiorwunl  to. yon  h<^r«nvil,h,in<',omplian(;«  wit.fi 
jiistniclioiiH  whi<;ii  I  huvo  r(!(!('iv«Ml  from  llic  lOarl  of  Itowclxiry,  prinU'd 
(0|)i('sor  lhr('<5 'liHpatcJicH  and  llicir  in<',loHnn>s  addroHHC.d  by  liiH  hml- 
sliip  to  lliir  M»;ie8..y'H  niiniHtt^r  <»n  Ihi^  2.".d  nitinio,  Hlat-inff  t,ho  vi<5WH  of 
Her  iMiijcHty'H  (ilovi'rntntMd,  in  roply  to  y(jur  not,«H  t-o  Hir  h.  VV«jHt  of  the 
lOlh,  20th,  l^'.MIi  May,  and  HtJi  .)uno. 
I  liavc,  &c., 

OlIAIMiICa  HAKDINCiJ!}. 


«i|  roNo.  1,  wUli  Mi.  lliirdliiKo'*  liutouf  AiiKaiitii,  IHM).] 

>■ 

The  lic/l  of  HoKcherii  to  Sir  L.  Wont. 

Vouv.uiH  Okitick,  ./hI.7  2:j,  IHHf). 

Silt:  I  l)av<n'()(;(>ivoil  yoiirdiHimtcli  N«».iJH{t.n)ii(.v),  oflliollMi  of  May  IuhI,  iiKtloHiii^j 
;i((i|i.v  ol'ii  not"  a(l(lroHH(!(l  1«»  y<)ii  I)V  Mr.  JJiiyiinl,  in  wliiili,  wliiltit  oxpn^HHly  roffirririu 
Id  lliit  Hiti/iirit  l>y  llio  (Jiinudiaii  atithnrit<i(tH  of  Uio  AiiuM'iciiii  llHliitif;  vdhhoIh  .i()HO|iii 
Sioiy  luid  Diivid  .F.  AduiiiH,  \w  diHciiHww  ill  ioiiKtli  tlio  proHitiit  puHJLioii  ol'  th»  NurMi 
Aincriciiii  lislidricH  qiuml.ion. 

I  liavo  alHOK'cuivod  iicotninnnicutioii  upon  UiitNaiiin  hiiI)J<s(:I.  from  ilwt  United  Ht<ii<;H 
iiiinislcr  lit  lliiH  <intirt,  dated  tho  )li\  .Tiiiio  laHl,  wliic.li,  allhoii^^li  advancing  argiiiiiiuitH 
(ilAs()iiiuwliat>(lin'ur()nt  cliaractor,  Ih  HiilmtanUally  addruHHod  to  tlio  ooiiHidur.ition  of 
thcKJinwi  !;in.stioi). 

Illiiiik  it  tlioroforo  dcHirahlo  to  roply  to  tlioHo  two  coiniiiiiiiicationH  togotlinr  In  tli« 
prcsi'iit  (lifjiatdj,  of  wliicli  1  Hliali  hand  a  crpy  to  Mr.  I'hnlpH. 

Tli«  iimttor  JH  Olio  involving  tli<»  gravcHt  intr.n^HtH  of  (Jaiiiida;  and,  upon  ruccipt  of 
llic  ('(HiiinuntciitJonH  ubovo  inontionCMl,  1  loHt  no  tinio  in  r<!(|iii',Hting  the  Hocrctary  of 
siatiHor  llio  co1oiii(>H  to  obtain  from  tlio  (jlovorntiH-.nt  of  tlii«  Dominion  an  oxproHHioii 
of  tluir  vio.wH  tlioroon.  I  now  incioso  a  <!0j)y  (  fan  ap,»rov(fd  r(5i)ort  <»f  tlio  Canadian 
nrivy  coniicil,  in  wliicli  tlio  cuho  of  Canada  is  ho  fully  HOt  forth  that  I  think  it  would 
hiMli,sir:il)l<*,  au  a  preliminary  Bt«p  to  tho  further  diHciiHHion  of  the  questionH  involved 
in  tills  controveiHy,  to  comimiiiicato  u  copy  of  it  to  Mr.  IJayard,  aw  reiiresentinK  tho 
vidWKof  tho  ])omiiiion  Govornniout ;  and  I  liave  to  rcquost  that,  in  HOiloing,  yon  will 
stiit(\  Hint  Her  Majesty's  Govorament  will  V)o  glad  to  lie  favored  with  any  olmervaMoiiH 
which  Mr.  Bayard  may  doHiro  to  nialto  thereon. 

Ii)  ic;;ju(l  to  those  xiortions  of  Mr.  Phelps's  note  of  tho  2d  .Iiino,  in  whieh  he  calls  in 
i|iics1loii  tho  conipotonco  of  tho  Canadian  authorities  under  existin-?  statutes,  whether 
iiii|io!iiil  or  <;ol<mial,  to  effect  soizures  of  United  f/tates  flshinf;  vessels  dnuor  C  cum- 
stiiiu'ps  Kiirli  as  those  which  appear  to  have  led  <,o  tho  capl  nro  of  tho  David  .T.  Adams, 
1  liavo  to  oltservo  that  Her  Majesty's  Governmontdo  not  feel  themselves  at  present  in 
ii  position  todiscnss  that  question,  which  is  now  occupying  the  attention  of  the  courts 
111  law  in  (ho  Dominion,  and  which  may  possibly  form  tho  subject  of  an  appeal  to  the 
jiulicial  committeo  of  Her  M^ijesty's  i>rivy  council  in  Kngland. 

It  inboliovod  that  tho  courts  in  Canada  wilj  deliver  judgment  in  tho  ahovo  cases 
vi'iyHliorHy ;  and  until  tho  legal  procecjlingsnow  ponding  have  been  brought  to  a  con- 
clusion, Her  Majesty's  Government  do  not  fool  justified  in  expressing  an  opinion  upon 
tlioiii,  oitlior  as  to  tho  facts  or  tho  legality  of  the  action  taken  by  tho  colonial  anthor- 
iliC8, 

I  ilo  not,  thcroforo,  coneeivo  it  to  bo  at  present  necessary  to  iiiaJte  any  specific  reply 
til  Mr.  liayarrt's  further  notes  of  tho  Uth  and  12tli  May  and  1st,  '2d,  and  7th  .June  last. 
lint  with  i(>gard  to  his  note  of  tho  yoth  May,  relative  to  tho  seizure  of  the  Unit<Ml 
States  fisliiug  vessel  Jennie  and  .Julia,  I  incfoso  for  communication  to  Mr.  Bayard  a 
copy  of  a  report  from  tho  Canadian  minister  of  marine  and  fisheries  dealing  with  this 
casn. 


^12 


ftiGIlta  OP  AMERICAN  FISUERMEN. 


I  caunot,  lio  ATover,  closo  tliis  dinpatch  without  adding  that  Hor  Majesty's  Govenv 
nioiit  entirely  concur  in  that  passaso  of  tho  roport  of  the  Canadian  privy  cooncii 
in  which  it  is  observed  that  "  if  tho  provisionsof  the  convention  of  1818  have  bcconl 
inconviout  to  either  contracting  party,  tho  ntniost  that  good-will  and  fair  deal 
can  suggcHt  is  that  the  terms  shall  be  reconsidered." 

It  is  assuredly  from  no  fault  on  tho  part  of  Her  Majesty's  Governniont  that  thf  I 
question  has  now  been  relegated  to  tho  terms  of  the  convention  of  1818.    They  Im, 
not  ceased  to  express  their  anxiety  to  commence  negotiations,  and  they  arc  nown^^ 
pared  to  enter  upon  a  frank  and  friendly  consideration  of  the  whole  question  with  tb» 
most  earnest  desire  to  arrive  at  a  settlement  consonant  alike  with  the  rig'its  and  in  ' 
terests  of  Canada  and  of  tho  United  States. 

Where,  as  in  tho  present  ease,  conflicting  interests  are  brought  into  antagoiilsni  lit  i 
treaty  stipulations  the  strict  interpretation  of  which  has  scarcely  beon^called  ii 
question,  the  matter  appears  to  Her  Majesty's  Government  to  bo  pre-eniinentlvoM 
lor  friendly  negotiation. 
I  am,  &c. 


[Innlosnre  I  in  No.  1.1 

Beport  of  a  (somniitlee  of  the  honorable  the  privy  council  for  Canada,  ajyjprovcd  hj  m 
excellency  the  governor-general  on  the  14th  June,  1886. 

Tho  committee  of  the  privy  council  have  Lad  under  consideration  a  report  from 
the  minister  of  marine  and  lisheries  upon  tho  communications  dated  lOtli  and  SOU 
May  last  from  the  Hon.  Mr.  Bayard,  Secretary  of  State  of  the  United  States,  to  Her  I 
Majesty's  minister  at  Washington,  in  reference  to  tho  seizure  of  tho  American  tibbiiigl 
vessel  David  J.  Adams.  I 

The  committee  concur  in  tho  annexed  report,  and  they  advise  that  your  escoliencr 
l>e  moved  to  transmit  a  copy  thereof  to  tho  Right  Hon.  the  Secretary  of  State  for  tbe  | 
Colonies. 

All  of  which  is  respectfully  submitted  for  your  excellency's  approval. 

JOHN  J.  McGEE, 
Clerk,  Privy  Council,  Canada. 


The  undersigned  having  had  his  attention  called  by  your  excellency  to  a  commuiii- 
cation  from  Mr.  Bayard,  Secretary  of  State  of  tho  United  States,  dated  the  10th May, 
and  addressed  to  Her  Majesty's  minister  at  Washington,  and  to  a  further  communica- 
tion from  Mr.  Bayard,  dated  tho  20tU  May  instant,  iu  reference  to  tho  seizure  of  tlic  ] 
American  fishing  vessel  David  J.  Adams,  begs  leave  to  submit  tho  following  obscrva 
tions  thereon : 

Youi'  excellency's  Government  fully  appreciates  and  reciprocates  Mr.  Bayard'sde-I 
siro  that  the  administration  of  the  laws  regulating  the  commercial  interests  amltiif  I 
mercantile  marine  of  tho  two  countries  might  bo  such  as  tc  jiromote  good  feoliDgiWii  [ 
mutual  advantage. 

Canada  has  given  many  indisputable  proofs  of  an  earnest  desiro  to  cultivate  and  I 
extend  her  commercial  relations  with  tho  United  States,  and  it  may  not  bo  witboot  I 
advantage  to  recapitulate  some  of  those  proofs.  I 

For  many  years  before  1854  the  maritime  provinces  of  British  North  America  had  J 
complained  to  Her  Majesty's  Government  of  tho  continuous  invasion  of  tlieir  inshore  j 
fisheries  (sometimes  accompanied,  it  was  alleged,  with  violence)  by  American  fisher- 1 
men  and  fishing  vessels.  { 

Much  irritation  naturally  ensued,  and  it  was  felt  to  bo  expedient  by  both  GoTcrn- 1 
monts  to  put  an  end  to  this  unseemly  state  of  things  by  treaty,  and  at  tho  Banietim* I 
to  arrange  for  enlarged  trade  relations  between  the  United  States  and  theBrilislij 
North  American  colonies.  Tho  reciprocity  treaty  of  1854  was  the  result,  by  which  I 
were  not  only  our  inshore  fisheries  opened  to  the  Americans,  hut  provision  wasniailcj 
for  tho  free  interchange  of  the  principal  natural  products  of  both  countries,  inclndlD' I 
those  of  the  sea.  Peace  was  preserved  on  our  waters,  and  the  volume  of  intcrDa-j 
tional  trade  steadily  increased  during  the  existence  of  this  treaty,  and  until  itwasl 
terminated  in  1866,  not  by  Great  Britain,  but  by  the  United  States.  .  I 

In  the  followin}^  year  Canada  (then  become  a  dominion  and  united  to  Nova  Wi»j 
and  New  Brunswick)  was  thrown  back  on  the  convention  of  1818,  and  obliged  to  nil 
out  a  marine  police  to  enforce  tho  laws  and  defend  her  rights,  still  desiring,  howcwl 
to  cultivatefriendly  relations  with  her  groat  neighbor,  and  not  too  suddenly  to  dcpnv* I 
tho  American  fishermen  of  their  accustomed  fishing  grounds  and  means  of  liveliho«i.  J 
She  readily  acquiesced  iu  the  proposal  of  Her  Mi^esty's  Government  for  the  t«nii»-l 


ftlGHTS  Of  AMERICAN  FISHERMEN. 


313 


Majesty's  Goven- 
m  privy  council, 
1818  have  licconx 
and  fair  dealing 

jniniont,  that  tli> 
1818.    They  1,1  J 
thoy  aro  now  pre. 
question  with  the 
tberig'itsamlin  I 

to  antagonism  liy  i 
y  been  called  in 
>ro-eniineMtlv  one 


I,  ajjprovcd  !ii/  iii 


,lon  a  report  from  I 
itcd  10th  and  W 
ted  States,  to  Hei  I 
American  fibhiiig-f 

it  your  escelkncy  I 
ry  of  State  for  the  I 

oval. 

J.  McGEE, 

Council,  Canaii. 


ncy  to  a  cominiiui- 1 

.itcd  the  10th  May, 

irtbcr  comniiinia  | 

10  seizure  of  tlic  I 

■ollo\vingol)Scrvj-[ 

Mr.  Bayard's  (Ifr 
interests  and  tlif  I 
goodfcelinj;iind| 

to  cultivate  and  I 
a,y  uot  be  without  | 

ortb  America  y  I 
.  of  theirinsliorej 
American  fisbet- 1 

by  both  Govern- 
atthoBauietini«j 
and  theBritislij 
,  result,  by  whiclj 
•ovisiou  was  mail*  I 
untrics,  includinjl 
)lume  of  intm^j 
and  until  itwuf 

—id  to  Nova  Wi»l 
and  obliged  to  titl 
esiring,  howcW  I 
ddenlytodcnnvel 
UBB  of  livelibooJ.! 
nt  for  the  terap«-| 


!  ,jfY  isfiiio  (if  jiiinual  lieonses  to  fish  on  payment  of  a  moderate  foe.  Yonr  excellency 
is  invare  of  tlio  failure  of  that  scheme.  A  few  licenses  were  issued  at  first,  but  tho 
pnnjications  for  thorn  soon  ceased,  and  tho  American  (Isbermen  persisted  in  forcing 
llitMiiselves  into  our  wators  "  without  leave  or  license." 

Then  came  tlie  recurrence,  in  an  aggravated  form,  of  all  the  troubles  which  bad 
ntiiirred  anterior  to  tho  reciprocity  treaty.  There  were  invasions  of  our  waters,  pcr- 
wiiialconllicts  between  our  iishermen  and  American  crews,  tho  destruotion  of  nets, 
tin;  Kciziiro  and  condomuatiou  of  vessels,  and  intense  consequent  irritation  on  botli 

sidcB. 

Tbi»  was  happily  put  an  end  to  by  tho  Waslrngton  tr(?aty  of  1871.    In  tho  interval 

lietweeu  the  tcnniuation  of  tho  iirst  treaty  and  tho  ratification  of  that  by  which  it 

wngoventually  replaced,  Canada  on  several  occasions  pressed,  without  success,  through 

I  the  British  minister  at  Washington,  for  a  reuewal  of  tho  reciprocity  treaty  or  for  tuo 

i(i;uliation  of  another  on  a  still  wider  basis. 

When  in  1874  Sir  Edward  Thornton,  then  British  minister  at  Washington,  and  Iho 
latelloii.  George  Brown,  of  Toronto,  were  appointed  joint  jilenipotentiarics  for  tho 
I  iiiirimseof  negotiating  and  concluding  a  treaty  relating  to  fisheries,  commerce,  and 
uavigalion,  a  provisional  treaty  was  arranged  by  them  with  tho  United  States  Gov- 
fn'Dient,  lint  tho  Senate  decided  that  it  was  not  expedient  to  ratify  it,  and  tho  nego- 
tiatiuufell  to  the  ground. 

I  The  treaty  of  Washington,  while  it  failed  to  restore  the  provisions  of  the  treaty  of 
'  1''54,  for  reciprocal  free  trade  (except  in  fish),  at  least  kept  tho  peace,  and  there  was 
I  tranquillity  along  our  shores  until  July,  188.'),  when  it  was  terminated  again  by  the 
U'liitw".  States  Government  and  not  by  Great  Britain. 

With  a  desire  to  show  that  slio  wished  to  bo  a  good  neighbor,  and  in  order  to  pre- 
I  vent  loss  and  disappointment  on  tho  part  of  the  United  States  lishermeu  by  their  sud- 
den exclnsion  from  her  waters  in  tho  middle  of  the  fishing  season,  Canada  continued 
I  to  allow  tliein,  for  six  months,  all  tho  advantages  which  tho  rescinded  fishery  clauses 
Iliad  previously  given  them,  although  her  people  received  from  tho  United  States  none 
I  of  the  corresponding  advantages  which  the  treaty  of  1871  had  declared  to  bo  an 
[equivalent  for  tho  ben<jfit8  secured  thereby  to  the  American  fishermen. 
I  The  President,  in  return  for  this  courtesy,  promised  to  recommend  to  Congress  tho 
I  appointment  of  a  joint  commission  of  the  two  Governments  of  tho  United  Kingdom 
[and  tho  United  States  to  consider  tho  fishery  question,  with  permission  also  to  con- 
[eidertho  whole  state  of  trade  relations  between  tho  United  States  and  Canada. 

This  promise  was  fulfilled  by  the  President,  but  tho  Senate  rejected  hisrecommon- 
Idation  and  refused  to  sanction  tho  commission. 

Under  these  circumstances  Canada,  having  exhausted  every  effort  to  procure  an 
lamicablo  arrangement,  has  been  driven  again  to  fall  back  upon  tho  convention  of 
11818,  the  provisions  of  which  she  is  now  enforcing  and  will  enforce,  in  no  punitive  or 
Ihostile  spirit  as  Mr.  Bayard  supposes,  but  solely  in  x^rotcctiou  of  her  fisheries,  and  in 
Iriudication  of  tho  right  secured  to  b.er  by  treaty. 

I  Mr,  Bayard  suggests  that  "  the  treaty  of  1818  was  between  two  nations — the  United 
IStatcs  of  America  and  Great  Britain — who,  as  the  contracting  parties,  can  alone  apply 
|»ntlioritativo  interpretation  thereto,  and  enforce  its  provisions  by  appropriate  leg- 
islation." 

As  it  may  be  inferred  from  this  statement  that  tho  right  of  the  Parliament  of  Can- 

(ada  to  make  enactments  for  the  protection  of  the  fisheries  of  the  Dominion,  and  the 

power  of  the  Canadian  offlcera  to  protect  those  fisbones,  are  questioned,  it  maybe 

pvell  to  state  at  the  outset  tho  grounds  upon  which  it  is  conceived  by  the  undersigned 

battho.jnrisdiction  in  question  is  clear  beyond  a  doubt. 

1.  In  the  first  place  tho  undersigned  would  ask  it  to  be  remembered  that  the  ox- 
«nt  of  the  jurisdiction  of  the  Parliament  of  Canada  is  not  limited  (nor  was  that  of  the 
Provinces  before  the  union)  to  tho  sea-coast,  but  extends  for  three  marine  miles  from 
klic  shore  as  to  all  matters  over  which  any  legislative  authority  can  in  any  country 
m  cMrcised  within  that  space.  The  legislation  which  has  been  adopted  on  this  sub- 
ject by  the  Parliament  of  Canada  (and  previously  to  confederation  by  the  Provinces) 
foes  not  reach  beyond  that  limit.  It  niay  be  assumed  that,  in  tho  absence  of  any 
[treaty  stipulation  to  tho  contrary,  this  right  is  so  well  recognized  and  established 
pyboth  British  and  American  law,  that  the  grounds  on  which  it  is  supported  need  not 
p  stated  here  at  large.  Tho  undersigned  will  merely  add,  therefore,  to  this  statement 
fcf  the  position,  that  so  far  from  tho  right  being  limited  by  tho  convention  of  1818 
wat  convention  expressly  recognizes  it. 

[  After  renouucing  the  liberty  to  "take,  cure,  ordryfisb  on  or  within  three  marine  miles 
If  any  of  tho  coasts,  bays,  creeks,  or  harbors  of  ilia  Majesty's  dominions  in  America," 
™roisa  stipulation  that  while  American  fishing  vessels  shall  bo  admitted  to  enter 
incLbays,  i<  c,  "for  the  purpose  of  shelter  and  of  repairing  damages  therein,  of  pur- 
ising  wood,  and  of  obtaining  water,  they  shall  be  under  such  -ostrictions  as  may 
enecessary  to  prevent  their  taking,  curing,  or  drying  fish  therein,  or  in  any  other 
►amier  whatever  abusi:ig  tho  privileges  reserved  to  them." 

» 
f 


314 


KIGHTS   OF   AMERICAN   FISHERMEN. 


2.  Approjm'ate  legislation  on  tluH  subject  was,  in  tlio  first  iustunce,  adopted  by  tin  I 
Parliament  of  tlio  United  Kingdom.    Tbo  imperial  stutnto  51)  Geo.  Ill,  cap.  38  *« I 
enacted  in  the  year  following  tbo  convention,  in  order  to  give  that  convention  forw I 
and  effect.    That  statnto  declared  tbat,  except  for  tbo  purposes  before  spccided  Itl 
should  "  not  be  lawful  for  any  person  or  persons,  not  being  u  natural-horn  subject ofl 
His  Majesty,  in  any  foreign  sbij),  vessel,  or  boajt,  nor  for  any  person  in  any  Hliip  vq.! 
sel,  or  boat,  other  than  such  as  shall  be  navigated  according  to  the  lawsof  the u'mtoll 
Kingdon)  of  (ireat  Uritnin  and  Ireland,  to  (isb  for,  or  to  take,  dry,  or  euro  auy  tiithofl 
any  kind  whatever  within  three  niarintt  miles  of  any  coasts,  bays,  creeks,  or  luirlonl 
whatever,  in  any  part  of  His  Majesty's  dominions  in  America,  not  inclnded  wiHiiil 
the  limits  spt^ciiied  and  described  in  the  iirst  article  of  the  said  conventidii.  aiidtljail 
if  such  foreign  ship,  vessel,  or  boat,  or  any  person  or  persons  on  board  1  horeol  bhjlll 
be  found  (ishing,  or  to  have  been  fishing,  or  preparing  to  tisli  within  siiclidistaiKeolf 
snch  coasts,  bays,  creeks,  or  harbors  within  such  parts  of  His  Majesty's  domiii; >(■ 
in  America,  out  of  the  said  limits  as  aforesaid,  all  such  .shipH,  vessols,  and  boat*  lo-l 
gether  with  their  cargoes,  and  all  guns,  ammunition,  tackle,  apparel,  furniture  aM 
stores,  shall  be  forfeited,  and  shall  and  may  bo  seized,  taken,  sued  for,  proscciiteSj 
recovered,  and  condemned  by  such  and  the  like  ways,  means,  and  methods,  and  ij 
the  same  courts  as  ships,  vessels,  or  boats  may  be  forfeited,  seized,  prosecuted  am 
condemned  for  any  oHeiise  against  any  laws  relating  to  the  revenue  of  cii8toii:8,a 
the  laws  of  trade  and  navigation,  under  any  act  or  acts  of  the  Parlianiimt  of  Grcai 
Britain  or  the  United  Kingdom  of  Great  Britain  and  Ireland,  provided  that  uothy 
contained  in  this  act  shall  ajiply  or  bo  construed  to  apply  to  tbo  ships  or  snbjectsiil 
any  prince,  power,  or  state  in  amity  with  His  Majesty  who  are  entit'cd  by  treall 
with  His  Majesty  to  any  privileges  of  taking,  drying,  or  curing  lish  on  the  coasta 
hays,  creeks,  or  liarbors  or  within  the  limits  in  this  act  described.    Provided  alwajn 
that  it  shall  and  nifiy  be  lawful  for  any  fishermen  of  the  said  United  States  to  entJ 
into  any  such  bays  or  harbors  of  His  Britannic  Majesty's  dominions  in  America^ 
are  last  mentioned,  for  the  purpose  of  shelter  and  repairing  damages  therein,  of  poi 
chasing  wood,  and  of  obtaining  water,  and  for  no  other  purpose  whatever,  siibjM 
nevertheless  to  snch  restrictions  as  may  be  necessary  to  j)revent8ucli  fishernicnoftlj 
said  United  States  from  taking,  drying,  or  curing  fish  in  the  said  bays  or  hiirlioii 
or  in  any  oth'^r  manner  whatever,  abusing  the  said  privileges  by  tiio  said  trcan 
and  this  act  reserved  to  them,  and  as  shall,  for  that  purpose,  bo  imposed  by  aiijaf 
der  or  orders  to  bo  from  time  to  time  made  by  His  Majesty  in  council  under  l| 
authority  of  this  act,  and  by  any  regulations  which  shall  bo  issued  by  tho  (lovcm 
or  person  exercising  the  oftlco  of  governor  in  any  such  parts  of  His  Majesty'"  domil 
ions  in  America,  under  or  in  pursuance  of  any  such  order  in  council  as  afoRiaJ 
And  that  if  any  person  or  persons  upon  requisition  mado  by  tho  governor  of  X«| 
foundland,  or  the  person  exercising  the  office  of  governor,  or  by  any  governor  iupa 
son  exercising  the  office  of  governor  in  any  other  parts  of  His  Majesty's  dominions  j 
America,  as  aforesaid,  or  by  any  officer  or  officers  acting  under  such  governor orpf 
son  exercising  tho  office  of  governor,  in  tho  execution  of  any  orders  or  instructia 
from  His  Majesty  in  council,  shall  refuse  to  depart  from  such  bays  or  harborsij 
if  any  person  or  jiersons  shall  refuse,  or  neglect,  to  conform  to  any  regulationsi 
directions  which  shall  be  made  or  given  for  tho  execution  of  any  of  tho  imrpoMij 
this  act,  every  such  person  so  refusing  or  otiierwiso  offending  against  this  act  slif 
forfeit  tho  sum  of  two  hundred  pounds,  to  be  recovered  in  tho  superior  court  of  jnl 
cature  of  tho  island  of  Newfoundland,  or  in  tho  superior  court  of  judicature  of  ■ 
colony  or  settlement  within  or  near  to  which  such  offense  shall  bo  committed,  orj 
bill,  plaint,  or  information  in  any  of  His  Majesty's  courts  of  record  at  WestminsJ 
one  moiety  of  such  penalty  to  belong  to  His  Majesty,  his  heirs,  and  successots,/ 
the  other  moiety  to  such  person  or  persons  as  shall  sue  or  prosecute  for  the  same."  I 

The  acts  passed  by  the  Provinces  now  forming  Canada,  and  also  by  the  Parliam^ 
of  Canada  (now  noted  in  the  margin)*  are  to  the  same  effect,  and  may  bo  said  t 
merely  declaratory  of  the  law  as  established  by  tho  imperial  statute. 

\i.  'rhe  authority  of  the  legislatures  of  the  Provinces,  and,  after  coufedorationj 
authority  of  the  Parliament  of  Canada,  to  make  enactments  to  enfoico  the  provi«| 
of  tho  convention,  as  well  as  tho  authority  of  Canadian  ofQoers  to  enforce  tf 
rests  on  well-known  constitutional  principles. 

Those  legislatures  existed,  and  the  Parliament  of  Canada  now  exists,  by  tboantl 
ity  of  the  Parliament  of  tho  United  Kingdom  of  Great  Britain  and  Ireland,  wliia 
one  of  tho  nations  referred  to  by  Mr.  Bayard  as  tho  "contracting  parties."  Tbel 
lonial  statutes  have  received  the  sanction  of  tho  British  sovereign,  who,  andnoj 
nation,  is  actually  the  party  ^7ith  whom  tho  United  States  mado  tuo  copveni 
Tho  officers  who  are  engaged  in  enforcing  the  acts  of  Canada  or  the  laws  of  tlie| 
piro,  aro  Her  Majesty's  officers,  whether  their  authority  emanates  directly  from 

♦Dominior.  acts,  81  Vict.,  cap.  6;  as  Vict. ,  cap,  10 ;  now  incorporated  in  Koviscd  Ststutciol 
cap.  90.  Nov.-v  Scotia  acts,  Roviswl  Statatos,  3d  Bories,  cap.  94,  20  Vict.  (1800),  cap.  35.  Nwl! 
wick  acts,  10  Vict.  (1853),  cap.  09.    Prince  Edward  Island  acts,  0  Vict.  (1843),  cap.  U. 


RIGHTS   OP   AMERICAN   FISHERMEN. 


ni5 


Qiieeu 


or  from  lior  rej)iesfmtativo,  the  govcruor-jfenenil.     Tlio  jurisdiction  tbuH  ex- 


ercUeti  canuot,  theroforo,  be  properly  th'scriliod  in  tlie  laiiRiiatj;o  iiKt'd  by  Mr.  Bayunlas 

ssupposi'l  uml  tbereforo  quoHtioiiablo  delegation  of  juriHclictiou  l)y  tlie  Imperial  Gov- 

Ifrnment  ot   (ircat  Britain.     Her  Majesty  govoruH  in  Canada  aH  well  as   in  Groat 

fliritaiii;  tlio  ollicersof  Canada  are  lier  officers ;  the  statntes  of  Canada  are  her  slat- 

liilfs,  iiassi'tl  on  the  advice  of  lier  Parliament  Hitting  in  Canada. 

It  is,  tliprel'ore,  an  error  to  conceive  that  becanse  the  United  States  and  Great  Britain 
Uiic  intlii)  lirst  inNtance,  The  contracting  |>artle8  to  the  treaty  ol  181S,  no  qnestion 
|jp,ji',„  niiiliT  tinit  treaty  can  ho  "  reNponsibly  dealt  with,"  either  by  the  Parliament 
|orli\Mli«  authorities  of  the  Dominion. 

t  The  iiiiaiiig  of  thiw  objection  now  is  the  more  remarkable,  as  the  Government  of  the 
It'iiiicd  iStates  has  long  been  aware  of  the  ncecHsity  of  reference  to  the  colonial  leg- 
jlnliiturcB  ill  uialleiN  atiecting  their  interests. 

The  treaties  of  18.">4  and  IHTl  expressly  provide  that,  so  far  as  they  concerned  the 
fulicrics  or  trade  relations  with  the  provinces,  they  shonld  be  snbjcet  to  ratilication 
Iv  their  several  legislatnres;  and  seiznrcs  of  American  vessels  and  goods,  followed 
Iv  rondemiiation  for  breach  of  the  provincial  cnstonis  laws,  have  been  made  for 
fcirtv  vears  without  jtrotest  or  objection  on  the  part  of  the  United  States  Government. 
Tiieinidefsigned,  with  regard  to  this  contention  of  Mr.  Bayar;l,  has  further  to  ob- 
jftvctbat  in  the  proceedings  w;hicli  have  r(!ceutly  been  taken  for  the  protection  of 
llio lisLerit's,  no  attempt  has  been  made  to  put  any  ppecial  or  novel  interpretation 
kn  tiie  couvention  of  1818.  The  seizures  of  the  iishing  vessels  have  been  made  in  or- 
Irt  to  enforce  the  explicit  provisions  of  that  treaty,  the  clear  and  long  established 
Jtovisioim  of  the  imperial  statute  and  of  the  statutes  of  Canada  expressed  in  almost 
Ihe8ame'.inguage. 

I  Theprjccedings  which  have  been  taken  to  carry  out  the  law  of  the  Empire  in  the 
(resent  cuso  are  the  same  as  those  which  have  been  taken  from  time  to  time  during 
()]K'riod  in  which  the  couvention  has  been  in  force,  and  the  seizures  of  vessels  have 
ifu  luado  tinder  process  of  the  imiierial  court  of  vice-admiralty  established  in  tins 
irovinccs  of  Can.ida. 

Mr.  Bayard  further  observes  that  since  the  treaty  of  1818,  "  a  series  of  laws  and 
giiiatioii8  ail'ecting  the  trade  between  the  North  Ameri<'an  provinces  and  the  United 
atesliavo  been  respectively  adopted  by  the  two  countries,  and  have  led  to  amicable 
iliuutiiallybenelicial  relations  between  their  respective  inhabitants,"  and  that  "the 
ili'lit'udciit  and  yet  concurrent  action  of  the  two  Governiiicnts  has  etl'eeted  a  gradual 
teDsion  from  time  to  time  of  the  provisions  of  article  i  of  the  convention  cl  the  ;id 
July,  1815,  providing  for  reciprocal  liberty  of  commerce  between  the  United  States 
1(1  tlio  territories  of  Great  Britain  in  Europe,  so  as  gradually  to  include  the  colonial 
issions  of  Great  Britain  in  North  A^merica  and  thfrWest  Indies  within  the  limits 
that  treaty." 

TlnMindcrsigned  has  not  been  able  to  discover,  in  the  instances  given  hy  Mr.  Bay- 
any  eviileuce  that  the  laws  and  rognhitions  atlocting  the  trade  between  the  British 
irtli  American  Provinces  and  the  United  States,  or  that  "  the  independent  and  yet 
laciitrciit  action  of  the  two  Governments"  liave  either  extended  or  restricted  the 
118  of  the  convention  of  1818,  or  atteeted  in  any  way  the  right  to  enforce  its  pro- 
inns  according  to  the  plain  meaning  of  the  articles  of  the  treaty ;  on  the  contrary, 
reference  to  the  eighteenth  article  of  the  Washington  treaty  will  show  that  tlM) 
itracting  parties  made  the  convention  the  basis  of  the  further  privileges  granted  by 
treaty,  and  it  does  not  allege  that  its  provisions  are  in  any  w^ay  extended  or  af- 
itc(ll)y  Rubsequent  legislation  or  acts  of  administration. 

|Mr.  Bayard  has  referred  to  the  proclamation  of  President  Jackson  in  1830,  creating 
eoiproeal  conunoreial  intercourse  on  terms  of  perfect  equality  of  Hag"  between  the 
ited  States  and  the  British  American  dependencies,  and  has  suggested  that  these 
•mmercial  privileges  have  since  received  a  large  extension,  and  that  in  some  eases 
iws'  have  been  granted  by  the  United  States  without  ecpiivalent '  concession,' 
:h  as  tile  exemption  granted  by  the  shipping  act  of  the  ytJth  June,  1884,  amount- 
to  one-half  of  the  regular  tonnage  dues  on  all  vessels  from  British  North  America 
West  Indies  entering  ports  of  the  United  States." 

lehasalsomentioned  under  this  head  "thoarrangement  for  thetransit  of  goods,  and 
romissiou  by  proclamation  as  to  certain  British  ports  and  places  of  the  remainder 
the  tonnage  tax  on  evidence  of  equal  treatment  being  shown"  to  United  States 

"•'proclamation  of  President,  Jackson  in  18110 had  no  relation  to  the  subject  of  the 
ties,  and  merely  had  the  eflFect  of  opening  United  States  ports  to  British  vessels 
|1emi8  similar  to  those  which  had  already  been  gr.antetl  in  Britisn  ports  to  vessels 
Be  United  States.  The  object  of  the^o  "laws  and  regnhilions  "  mentioned  by  Mr. 
■Jrd  was  purely  of  a  commercial  character,  wh.lo  the  sole  purpose  of  the  coiivon- 
otlHl8  was  to  establish  and  define  the  rights  of  the  citizcusof  the  two  countries 
Wion  to  the  fisheries  on  the  British  North  American  coast. 


sir, 


RIOHTS   Ol;^   AMERICAN   l-'ISIIERMEN. 


Boarin^f  this  dlHUnctloa  in  mind,  however,  it  may  bo  conceded  tliat  gubstantiJ 
nsaistanco  has  been  given  to  the  development  of  eoinmercial  iutercourso  between tl 
two  countries. 

But  lenislatiou  in  that  direction  ban  not  been  conliued  to  the  Oovorninont  of  i. 
United  States,  as  indeed  Mr.  Bayard  has  a<lmitted  iu  referring  to  the  case  of  thcii 
jterial  shipping  nn<l  navigation  act  of  lB-19. 

For  upwards  of  forty  years,  as  has  already  boon  stated,  Canada  has  cnntiniiedi 
evince  her  desire  for  a  free  exchange  of  the  chief  products  of  the  two  countries.  ijJ 
has  repeatedly  urged  the  desirability  of  tlie  fuliiir  reciprocity  of  trade  wiiicliivMd 
tablished  during  the  i)eriod  in  which  the  treaty  of  18r)4  was  in  force. 

The  laws  of  Canada  with  regard  to  the  registry  of  vessels,  tonnage  (liiivs,  aiiilsU 
ping  generally,  are  more  liberal  than  those  of  the  United  States.  The  |niiUof('i3 
ada  in  inland  waters  aio  free  to  vessels  of  the  United  States,  which  are  Hfltnitlcd  t 
the  nse  other  canals  on  equal  terms  with  Canadian  vessels. 

Canada  allows  free  registry  to  ships  built  in  the  United  States  and  purchased ii 
British  citizens,  charges  no  tonnage  or  light  duos  on  United  States  shippini;,  amlea 
touds  a  standing  invitation  for  a  largo  measure  of  reciprocity  in  trade  by  hortanl 
legislation.  [ 

Whatever  relevancy,  therefore,  the  argnraont  may  have  to  the  subject  undcrcoj 
sidoration,  the  undersigned  submits  that  the  concessions  which  Mr.  liayard  refers « 
as  "favors"  granted  by  United  States  can  liardly  bo  said  not  to  have  beenmetk 
onnivalent  concessions  on  the  part  of  the  Dominion,  and  inasmuch  as  tlio  dispositioj 
of  Canada  coutinncs  to  bo  the  same,  as  was  evinced  in  the  friendly  logiHlationji 
referred  to,  it  would  seem  that  Mr.  Bayard's  charges  of  showing  "hostility  toco 
raerco  under  the  guise  of  protection  to  inshore  lisheries,"  or  of  interrupting  ordinal 
commercial  intercourse  by  harsh  measures  and  unfriendly  administration,  is  Iiardll 
justified.  f 

The  questions  which  wore  in  controversy  between  Great  Britain  and  the  UnitJ 
States  i)rior  to  1818  related  not  to  shipping  and  commerce,  but  to  the  cl.iimaof  Unii^ 
States  iishermen  to  fish  iu  waters  adjacent  to  the  British  Noith  American  Provin« 

Those  questions  were  deiinitoly  settled  by  the  convention  of  that  year,  and) 
though  the  terms  of  that  convention  have  since  been  twice  suspoudcd,  first  liyl 
treaty  of  1854,  and  subsequently  by  that  of  1871,  after  the  lapse  of  each  of  these  H| 
treaties  tho  provisions  made  in  1818  came  again  into  operation,  and  worocarricdo 
by  the  Imperial  and  colonial  authorities  without  tho  slightest  <loubt  being  raised^ 
to  their  being  in  full  force  and  vigor. 

Mr.  Bayard's  contention  that  tho  effect  of  tho  legislation  which  has  t.iken  pl« 
under  the  convention  of  1818,  and  of  executive  action  thereunder,  would  bo  ''toej 
paud  the  restrictions  and  renunciations  of  that  treaty  which  related  solely  tot 
shore  fishing  within  the  three-mile  limit,  so  as  to  affect  tho  deep-sea  fisheries,"  .nd  "i 
diminish  and  practically  destroy  tho  privileges  expressly  secured  to  American  iishinj 
vessels  to  visit  thcso  inshore  waters  for  the  objects  of  shelter  and  repair  of  daniagJ 
and  purchasing  wood  and  obtaining  water,"  appears  to  tho  undersigned  to  be  oi 
founded.  Tho  legislation  referred  to  iu  no  way  affects  those  privileges,  nor  lias  tl 
Government  of  Canada  taken  any  action  towards  their  restriction.  In  tho  cases* 
tho  recent  seizures,  which  are  tho  immediate  oubject  of  Mr.  Bayard's  letter,  the  va 
sols  seized  had  not  resorted  to  Canadian  waters  for  any  one  of  the  purposes  specifii 
in  the  convention  of  1818  as  lawful.  They  were  United  States  fishing  vessels,™ 
against  tho  plain  terms  of  the  convention,  had  entered  Cduadian  harbors,  ludoii 
so  tho  David  J.  Adams  was  not, even  possessed  of  a  permit  "to  touch  and  trada 
even  if  such  a  document  could  bo  supposed  to  divest  her  of  the  character  of  a  tishii 
vessel.  j 

Tho  undersigned  is  of  opinion  that  while,  for  the  reasons  which  he  has  advantej 
there  is  no  evidence  to  show  that  the  Government  of  Canada  has  sought  toexpa 
the  scope  of  the  convention  of  1818  or  to  increase  tho  extent  of  its  restriction!),! 
would  not  bo  ditfienlt  to  prove  that  the  construction  which  tho  United  States  seel 
to  place  on  that  convention  would  have  the  effect  of  extending  very  largely  tlii!  piij 
ileges  which  their  citizens  enjoy  under  its  terms.    Tho  contention  that  the  clianrf 
which  may  from  time  to  time  occur  iu  the  habits  of  tho  fish  taken  off  our  coasts,  or  j 
tho  methods  of  taking  them,  should  be  regarded  as  justifying  a  periodical  revisioaj 
tho  terms  of  the  treaty,  or  a  new  interpretation  of  its  provisions,  cannot  be  ac« 
to.    Such  changes  may  from  time  to  time  render  the  conditions  of  tho  contract  "t« 
veniont  to  one  party  or  tho  other,  but  the  validity  of  the  agreement  can  hardly  bcsi 
to  depend  on  tho  convenience  or  inconvenience  which  it  imposes  from  tinio  totimc] 
one  or  other  of  the  contracting  parties.    When  the  operation,  of  its  provisions  caDj 
shown  to  have  becoito  manifestly  inequitable,  the  utmost  the  t  good-will  and  fairdv 
ing  can  suggest  is  that  the  terms  should  be  i3cohsidered  and  a  new  arrangcmentj 
terod  into;  but  this  the  Government  of  the  United  States  does  not  appear  to haTew 
■idorcd  desirable. 


RIGHTS    OF    AMKKICAN    FIHIIEKMKN. 


317 


|.  ji,„uljiow(<vor,  tlio  cuHo  tliut  (ho  I'onvoiitioii  of  IHIH  alFi-ctcd  only  tlio  iiiHlioro 

ilierieH  oltlm  Uritinh  Provinctis;  it  wiin  i'rniiMMl  widi  Mio  olijoct  ol"  ullonlinj;  a  ctiiii- 

i|eiiiiilvx(='*>^'^'*^  (Icliiiitioii  of  tlio  rijirhtH  uiiil  lihi-rtii-H  wliicli  tlio  liHh'iriiioii  of  tlio 

litcd fjtalt'8  wore  tboncoforwunl  to  oiijoy  in  following  tln-ir  vocation,  ho  far  uh  tliomj 

ihu  I'unlil  1)0  atfoutod  by  fuuilitit'tt  for  acci'HH  tu  tlio  Mliorott  or  waloru  of  the  liritiHli 

oviiices  or  for  iutorcourso  with  their  jMiophi.     It  in  thcrfforn  no  nndiio  »(xj)aiminn  of 

t  scope  of  tliftt  convention  to  interpret  Htriotly  tlioso  of  itu  itroviHions  by  whi«!h  «nch 

jjejuisilcniod,  except  to  vessels  roqnirin^  it  for  the  pnrposeH  Hpecilicaily  dcHeribud. 

<acbui>unilue  expansion  would,  upon  the  other  baud,  certainly  take  place  if,  nuder 

i^rr  of  itM  pruviNionH,  or  of  any  aKrcementii  relating;  to  general  commercial  intor- 

larseffliich  may  have  since  been  made,  ponnission  wore  accorded  to  United  States 

icrnifn  to  rt'Hoit  babitnally  to  the  barbora  of  the  Dominion,  not  for  the  sake  of  aeck- 

Ml'otyforthoirvossela  or  of  avoidiuK  risk  to  human  life,  but  in  order  to  use  thoHO 

bors  lis  a  Kcueral  base  of  operations  from  which  to  prosocuto  and  organize  with 

.atrra'lvautago  to  tbomselvoH  the  industry  in  which  they  are  engaged. 

it  was  iu  order  to  guard  against  such  an  abuse  of  the  provisions  of  the  treaty  that 

loDinttthem  was  included  the  stipulation  that  not  only  should  the  inshore  lisherics 

reiSrved  to  British  lishernien,  but  that  the  United  States  should  renounce  the  right  of 

irllsbermpu  to  enter  the  bays  or  harbors  excepting  for  the  four  speciilcd  purposes, 

iclidouot  include  the  purcbuso  of  bait  or  other  appliances,  whether  intended  for 

^dwp-sca  lisherics  or  not. 

Tbenutlorsigncd,  therefore,  cannot  concur  in  Mr.  Bayard's  contention  that  "  to  pro- 
mt tlio  purchase  of  bait,  or  any  other  supply  needed  for  deep-sea  lisbiug,  would  bo 
expand  the  convention  to  objects  wholly  beyond  the  purview,  scope,  and  intent  of 
(tnaty,  and  to  give  to  it  an  eflect  never  contemplated. " 

Mr.  Bayard  suggests  that  the  possession  by  a  fishing  vessel  of  a  permit  to  "  touch 

i(ltrado"Bboul(l  give  her  a  right  to  enter  Canadian  ports  for  other  than  the  pur- 

:8  named  in  the  treaty,  m;  in  other  words,  should  give  her  perfect  immunity 

)m  its  provisions.    This  would  amount  to  a  practical  repeal  of  the  treaty,  because 

would  euable  a  United  States  collector  of  customs,  by  issuing  a  license,  originally 

jintcnilcd for  purpoaps  of  domestic  customs  regulation,  to  give  exemption  from 

treaty  to  every  United  States  fishing  vessel.    The  observation  that  similar  vos- 

under  the  British  llag  have  the  right  to  outer  the  ports  of  the  United  States  for 

purchase  of  supplies  loses  its  force  when  it  is  remembered  that  the  convention  of 

18  contained  no  restriction  on  British  vessels,  aud  no  renunciation  of  any  privileges 

regard  to  them. 

|Mr,  Bayard  stales  'hat  in  the  proceedings  prior  to  the  treaty  of  1818  the  British 

niissioners  proposed  that  United  States  fishing  vessels  should  be  excluded  "  from 

7iDgalso  uierchaudiso,"  but  that  this  proposition  "  being  resisted  by  the  Amori- 

negotiators,  was  abandoned,"  and  goes  on  to  say,  "  this  fact  would  seem  clearly 

iudicato  that  the  business  of  fishing  did  not  thou,  and  doe    not  now,  disqualify 

Isfrom  also  trading  in  the  regular  ports  of  entry."    A  reference  to  the  procood- 

alluded  to  will  show  that  the  proposition  mentioned  related  only  to  United 

itis  vessels  visiting  those  portions  of  the  coaat  of  Labrador  and  Newfoundland  on 

lick  the  United  States  fishermen  had  been  granted  the  right  to  fish,  and  to  land 

drying  ond  curing  fish,  and  the  rejection  of  the  projjosal  can,  at  the  utmost,  be 

pposcd  only  to  indicate  that  the  liberty  to  carry  merchandise  might  exist  without 

ijection  in  relation  to  those  coasts,  and  is  no  ground  for  supposing  that  the  right 

lends  to  the  regular  ports  of  entrv",  against  the  express  words  of  the  treaty. 

I'lio  proposition  of  the  British  negotiators  was  to  append  to  Article  I  the  following 

ds:  "  It  is,  therefore,  well  understood  that  the  liberty  of  taking,  drying,  and  cur- 

Uitli,  granted  in  the  preceding  part  of  this  article,  shall  not  be  construed  to  extend 

any  privilege  of  carrying  on  trade  with  any  of  his  Britannic  Majesty's  subjects 

iding  within  the  limits  hereinbefore  assigned  for  the  use  of  the  fishermen  of  the 

iitcd  States." 

Itwasalso  proposed  to  limit  them  to  having  on  board  such  goods  as  might  "  bo 
letuary  for  the  prosecution  of  the  fishery  or  the  support  of  the  fishermen  while  en- 
jed  therein,  or  in  the  prosecution  of  their  voyages  to  and  from  the  fishing  grounds." 
othis  the  American  negotiators  objected,  on  the  ground  that  the  search  for  oontra- 
id goods,  and  the  liability  to  seizure  for  having  them  in  possession,  would  exi)oso 
ilishermeu  to  endless  vexation,  and,  in  consequence,  the  proposal  was  abandoned. 
Jsapparent,  therefore,  that  this  jjroviso  iu  no  way  referred  to  the  bays  or  barbora 
'  deof  the  limits  assigned  to  the  American  fishermen,  from  which  bays  and  bar- 
it  was  agreed,  both  before  and  after  this  proposition  was  discussed,  that  United 
ites  fishing  vessels  wore  to  be  excluded  for  all  purposes  other  than  for  shelter  and 
jirs,  and  purchasing  wood  and  obtaining  water. 

I,  however,  weight  is  to  be  gi  /en  to  Mr.  Bayard's  argument  that  the  rejection  of  a 
■tosition  advanced  by  either  side  during  the  course  of  the  negotiations  should  bo 
to  necessitate  an  interpretation  adverse  to  tho  tenor  of  suc-i  proposition,  tha^ 


318 


ItlOHTH   OF   AMERICAN   I'ISUEKMEN. 


ar^^uiiKiti*  may  certainly  l.n  iiKi'd  to  provo  tliat  Aiauriiiun  fmliiii};  vuhncim  wortt  not  m. 
toiKlcd  to  liavd  tlio  ri^lit  t(t  ontiir  L'ltiiiuliuii  waturn  for  bait  to  bu  uaud  ovdii  in  iki 
promM'iition  of  flio  do»'|)-wa  •lHhi'ri«w.  Tlw,  United  Htatos  iicKotiaton  in  lulu  im^i, 
tlio  |)ro|Mmilion  that  tlm  tlio  wordrt  "and  bait"  bo  added  to  tlio  ennnKralion  of  th« 
oiiJ<!(!tH  tor  which  tlieKe  liNhrrniun  might  bo  allowed  to  enter,  and  t!'o  oroviNo  at  Hm 
Hul)niitted  had  read  "  jirovidtui,  however,  that  Aniurieau  ilHlioruien  Hhall  be  prriiiiucd 
to  enter  Hindi  bayH  and  liarbors  for  tlio  |inr|ioHii  only  of  obtaining  Hheller,  wiii)(|,w»i«r 
and  bait."  The  ad<litionof  the  two  hint  wordH  waH,  however,  roMinted  by  the  BrJtJDiJ 
jdenipotentiaries,  and  their  oiniHsiou  acqnioNcttd  in  Ity  their  American  colli'ii|ru(.M  i, 
iH,  moreover,  to  be  cd>,served  that  thiHiiroiioHition  eouldnuiy  huv(>hadrcft'n'iicotoi„„ 
due|)-Mea  ilHhiny;,  beeanHe  the  inshore  tiNherit'H  had  already  been  Hpecifically  ronouucei 
by  the  rejjrcsenlativeH  of  the  IJnitcil  HtateH. 

In  addition  to  thin  evidi^nco,  itmnut  be  reniendiered  that  the  United  HtatcBGov- 
ernnient  aduiittcd,  in  the  eaHOHid)mitted  by  them  before  the  Halifax  conniiiHaion  la  I 
1h77,  that  noitlier  the  eonveution  of  IHlS  nor  the  tnsaty  of  WashiuKton  (.oiifrrwl 
any  right  or  privilege  of  trading  on  American  (iHhermen.  The  liritiHh  cuho  ciaimeil 
conipenuution  for  the  privilege  which  had  been  given  Hinco  the  ratilicatinu  of  tk  j 
latter  treaty  to  United  States  iisbing  vchkcIh  "to  tranufer  c-argoeH,  to  outllt  vchsiIs, 
by  HupplieH,  obtain  ice,  engage  HailorH,  procure  bait,  and  tratUc  geuorally  in  Brititli 
port8  and  harbors."  , 

'J'his  <daim  was,  liownver,  succeNsfnlly  resiHtetlj  and  in  the  United  StatcH  case  it  ii 
maintained  "  that  the  various  incidental  ami  re(.i[irocal  advantages  of  the  treaty, 
such  as  the  privileges  of  tratlie,  purehasiug  bait  and  other  biipplies,  are  nut  tLo8iil>  | 
ject  of  compensation,  because  the  treaty  of  Wasbiugton  confers  no  such  rightsonthe 
inhabitants  of  the  United  States,  who  now  enjoy  thcui  merely  by  sullerancc,  and 
who  can  at  any  time  be  deprived  of  them  by  the  enforcement  of  existing  lawi«or  { 
the  re-enactment  of  former  oppressive  statutes.     Moreover,  the  treaty  doe«  not  pro-  \ 
vide  for  any  possible  compensation  for  such  privileges."  j 

Now,  the  existing  laws  referred  to  in  this  extract  are  the  various  statutes  psugcd 
l)y  the  imfierial  and  colonial  legislatures  to  give  eflect  to  the  treaty  of  1H18, which, 
it  is  admitted  in  the  said  case,  conld  at  any  tune  have  b<;en  (tnforcud  (even  duriDg the 
existence  of  the  Washington  treaty),  if  the  Canadian  authorities  bad  chosen  todoiio. 

Mr.  Uayard  on  more  than  one  occasion  intimates  that  the  interpretation  of  tlio  treat; 
and  its  enforcement  are  diiitatcd  by  local  and  hostile  feelings,  and  that  the  nmiii 
(piestion  is  being  "obscured  by  partisan  advocacy  and  distorted  by  the  lieat  of locii 
interests,"  and,  in  conclusion,  expresses  a  hope  that  "  ordinary  commercial  infcrconne 
shall  not  be  interrupted  by  harsh  measures  and  nufriendly  administrations." 

The  nndersigned  «lesires  emphatically  to  state  that  it  is  not  the  wish  of  the  Goveni- 
ment  or  the  people  of  Canada  to  interrupt  for  a  moment  the  most  friendly  ami  frte  j 
conniKircial  inttircourse  w.ith  the  neighboring  Ueitublic. 

The  mercantile  vesst  ,j  and  the  commerce  of  the  United  States  have  at  jiresentei- 
,  actly  the  same  freedom  that  they  have  for  years  passed  enjoyed  in  Caiiad.i,  and  the! 
disposition  of  the  Canadian  Government  is  to  extend  reciprocal  trade  with  the  United  i 
States  beyond  its  present  limits,  ''or  can  it  bo  admitted  that  the  charge  of  local  imjn- 
die<M)r  liostih)  feeling  is  justified  by  the  calm  enforcement,  through  the  legal  triliUDalj 
of  the  country,  of  the  plain  terms  of  a  treaty  between  Great  Britain  and  the  United  j 
States,aud  of  the  statutes  which  have  been  in  operation  for  nearly  seventy  years,  except- 
ing in  intervals  during  which  (until  put  an  end  to  by  the  United  State's  Govornment)  j 
special  and  more  liberal  provisions  existed  in  relation  to  the  commerce  and  fisheries 
of  the  two  countries. 

The  undersigned  has  further  to  call  attention  to  the  letter  of  Mr.  Bayard  of  the  20ti 
May,  relating  also  to  the  seiztire  of  the  David  J.  Adams  in  the  port  of  Digby,  Non  J 
Scotia.  I 

That  vessel  was  seized,  as  has  been  explained  «)n  a  previous  occasion,  by  the  com- 1 
mander  of  the  Canadian  steamer  Lansdowne,  untlev  the  fonowing  circumstances: 

She  was  a  United  States  lishing  vessel,  and  entered  the  harbor  of  Digby  for  pur- 
poses other  than  those  for  which  entry  is  permitted  by  the  treaty  and  by  tho  iinpenal  j 
and  Canadi.an  statutes.  I 

As  soon  as  ])raeticablo,  legal  process  was  obtained  from  tho  vice-admiralty  conrtat 
Halifax,  and  tho  vessel  was  delivered  to  tho  otlicer  of  that  court.  The  paper  referred  j 
to  in  Mr.  Bayard's  letter  as  having  been  nailed  to  her  mast  was  doubtless  a  copyo(j 
tho  warrant  which  commanded  the  marshal  or  his  deputy  to  make  the  arrest.         j 

Tho  undersigned  is  informed  that  there  was  no  intention  whatever  of  so  adjusting  j 
the  paper  that  its  contents  could  not  bo  read,  but  it  is  doubtless  correct  thatthej 
officer  of  tho  court  in  charge  declined  to  allow  tho  document  to  be  romoTod,  Both] 
tho  United  States  consul-general  and  the  captain  of  the  David  J.  Adams  were  niadej 
acquainted  with  the  reasons  for  the  seizure,  and  tho  only  ground  for  the  statcmentthjt  | 
a  respectful  application  to  ascertain  the  nature  of  tho  complaint  was  fruitless,  w»j 
that  the  commander  of  the  Lansdowne,  after  the  nature  of  the  complaint  had  hm  j 


RiailTS   OP  AMERICAN    riSHERMEN. 


319 


kiril  10 t!ioi«o  L'u  i(!«rii<'(l  ami  wiim  |iiil>liiili('(l,  iiiid  hail  lifcoiiiu  nuturioim  tu  lh«  |)t>M)il« 
[lailb  rniiiitiii'i*;  il(!cliiivil  to  ^ivo  tho  IJnili'.il  Ktuti-H  c(  nHiil-uoiiorul  u  Hpooilio  uml 
«iiii)Htatoiii>!iit  iif  the  chai'f^oN  iiimiii  which  the  vi'HHttl  would  Co  procouilctl  uj^uiiiHt, 
jll  ri'fcrri'd  him  to  hiH  HUperior. 
iSutli comluct  on  tbu  nitrtof  tlio  odlccr  of  th»  LaiiMdowuo  uuii  hitrdly  bo  Haid  tu  havu 

[The  li'),'ul  iiroo^odinKH  hud  at  that  tiiiio  boon  coiiiinoucod  in  tlio  ooiirt  of  vico- 
Hiiiiralty  «t  Halifax,  whore  tho  ITiiitud  HtatcH  coiiH«l-).'ciioral  rosidoH,  and  tho  oBl- 
LgtDih'ly  coiihl  not  havo  Htatrd  with  iirecittion,  nn  ho  v/an  called  niton  to  do,  tho 
fimiiilKoii  which  tho  iutervontiun  of  tho  uourt  hud  boon  oluiniotl  in  tlio  proceediuga 

IThrre  wiih  not,  in  thia  iDRtanco,  tho  Bli^hloat  difllcultv  in  tho  United  HtuteH  conHul- 

rraUnd  thoHO  intorcHted  in  the  voiwol  obtaining  tho  fullvHt  inforunition,  and  no 

IfurmatioD  which  could  huvo  been  given  by  tliOHu  to  whom  they  applied  wuh  with« 

Apart  from  the  general  knovledgo  of  the  ofVonHCH  which  it  was  tilaiined  tho  nianter 
mI committed,  and  which  was  furniHhcd  at  tho  tinio  of  the  Boizure,  tho  niotit  tech- 
lal  and  prcciKodotailH  wero  roadily  obtainable  at  tho  regintry  of  tho  court,  and  from 
enolicitora  of  tho  crown,  and  would  havo  boon  furniHhcd  iiuuiodiatoly  ou  applicu- 
into  tho  iiiithorty  to  whom  the  commander  of  tho  Lansdo-yno  rcquoHtcd  thoUn  -id 
tesconsul-geiural  to  apply.  No  such  iuformation  could  havo  boon  obtained  fi'>m 
,  paper  attached  to  tho  vessel's  mast. 

liutructioim  have,  however,  been  given  to  tho  commandor  of  tho  Lansdowne  and 
iir  officers  of  tho  marine  police,  that,  in  the  event  of  any  farther  seizure,  a  state- 
iit  ill  writing  nlali  bo  given  to  tho  master  of  tho  seized  vessel  of  tho  oll'ouses  for 
(Iklitbo  vessel  may  bo  detained,  and  tliat  a  copy  thereof  shall  be  sent  to  tho  United 
to  cnnsiil-genoral  at  Halifax,  and  to  tho  nearest  United  States  consular  agent, 
1(1  there  can  be  no  objection  to  tho  solicitor  for  the  crown  being  instructed  like; wise 
furnish  the  euusiil-goneral  with  a  copy  of  tho  legal  process  in  each  case,  if  it  can 
MippuKcd  that  any  fuller  iuformation  will  thereby  be  given. 

Mr.  kijard  is  correct  in  his  statement  of  the  reasons  for  which  the  David  J.  Adams 
u  seized,  and  is  now  hold.  It  is  claimed  that  the  vessel  violated  tho  treaty  of 
ll!*,  and  consequently  the  statutes  which  exist  for  tho  enforcement  of  the  treaty, 

it  in  also  el-  imed  Uiat  she  violated  tho  customs  laws  of  Canada  of  la^J3. 
tlio  UDdcrsigned  recommends  that  copies  of  those  statutes  bo  furnished  for  tho  in- 
lation  of  Mr.  Bayard. 
Mr.  Uayard  has,  in  tho  same  dispatch,  recalled  the  attention  of  Ilcr  Majesty's  min- 
r  to  tlio  corrospondenco  and  action  which  took  place  in  tho  year  187U,  vhon  tho 
cry  question  was  under  considoration,  and  cspecmliy  to  the  instructions  from  tho 

of  the  admiralty  to  Vice-Admiral  WoUesloy,  in  which  that  ollicer  was  directed 
observe  ;,'reat  caution  iu  the  arrest  of  American  (ishormen,  and  to  couliuo  his  ao- 
in  to  ouo  class  of  ofl'onses  against  tho  treaty.  Mr.  Bayard,  however,  appears  to 
ivc  attached  unwarranted  importance  to  the  correspondence  and  instructions  of 
"\  when  he  roicra  to  thom  as  implying  "  an  understanding  between  tho  two  Gov- 
iumiIh,"  an  understanding,  which  should,  in  his  opinio'),  at  other  times,  and  under 
;r  circunistances,  govern  tho  conduct  of  the  authorises,  whether  imperial  or  co- 
iial,  to  whuru  under  tho  laws  of  tho  Empire  is  committed  the  duty  of  enforcing  the 
iaiy  in  question. 

WliHi,  therelore,  Mr.  Boyard  points  out  the  "absolute  aud  instant  necessity  thut 
« exists  for  a  restriction  of  the  aeiauro  of  American  vessels  charged  with  violations 
tho  treaty  of  IWlH  "  to  the  conditions  specified  under  those  instructions,  it  is  noces- 
7  to  recall  the  fact  tuat  in  the  year  1870  tho  principal  cause  of  complaint  ou  tho 
rt  111  CanadiiiFi  lishcrmen  was  that  tho  American  vessels  wero  trespassing  on  tho 
ore  tishiiig  gronnds  aud  interfering  with  tho  catch  of  maclferel  iu  Canadian  waters, 
purehaso  of  bait  being  then  a  matter  of  secondary  importance. 
it  is  prohablo,  too,  that  the  action  of  the  imperial  Government  was  inllnenced  very 
gely  by  the  prospect  v  hich  then  existed  of  an  arrangement  such  as  was  accom- 
li'il  in  the  following  year  by  the  treaty  of  Washington,  aud  that  it  may  bo  in- 
«1,  in  view  of  this  disposition  made  aji^iarent  ou  both  sides  to  arrive  at  such  mi 
Wcistaudiiig,  that  tho  imperial  authorities,  without  any  surrender  of  imperial  or 
Mill!  rights,  and  without  acquiescing  in  any  limited  construction  of  the  treaty, 
itriicted  tho  vice-admiral  to  couiiue  his  seizures  to  the  more  ojieu  and  injurious  class 
olTenscs  which  wero  especially  likely  to  bo  brought  within  tho  cognizance  of  the 
jalofliceisof  tho  imperial  service. 

^Canadian  Government,  as  has  been  already  stated,  for  six  mouth  left  its  fishing 

BUS  open  to  American  fishermen,  without  any  corresponding  advantage  iu  return, 

order  to  prevent  loss  to  those  fishermen,  and  to  afford  time  for  the  action  of  Con- 

"■  on  the  Presiilent's  recommendation  that  a  joint  commission  should  be  appointed 

Musidor  tho  whole  queatiou  relating  to  the  fisheries. 


320 


RIGHTS   OF  AMKKICAN   FISHERMEN. 


That  rcooiuuiciuliition  bus  been  rejected  by  Congress.     Caua«liau  lisL  is  by  pro.  I 
bibitory  duties  excluded  Irom  Ibo  United  Statca  market.    TLo  American  lishernieii l 
clamor  against  tbo  removal  of  tbi,Ho  duties,  and,  in  order  to  maintain  a  monopoly  of  I 
tbo  triado,  continue  against  all  law  to  force  tbemselvcs  into  onr  waters  and  harbors, 
and  make  our  sliores  their  base  for  supplies,  especially  for  bait,  wbicb  ij  necessaryto 
tbe  successful  prosecution  of  their  business. 

They  hope  by  this  course  to  supply  the  demand  for  their  home  market,  and  tLusto 
make  Canada  indirectly  the  means  of  injuring  her  own  trade. 

Ifc  is  surely,  therefore,  not  unreasonable  that  Canada  should  insist  on  tbo  rightsM- 
cured  to  her  by  treaty.     She  is  simjjly  acting  on  the  dcfmsive,  and  no  trouble  c« I 
arise  between  the  two  countries  if  American  fishermen  will  only  recognize  tbopio. 
visions  of  the  convention  of  1818  as  obligatory  upon  them,  and  until  a  new  arraD"e.  I 
ment  is  made,  abstain  both  from  iishing  iu  her  waters  and  from  visiting  hor  baysand 
harbors  for  any  purpose  save  those  specified  in  the  treaty.  I 

In  conclnsion,  the  undersigned  would  express  the  hope  that  the  discussion  whickl 
has  arisen  on  this  question  may  lead  to  renewed  negotiations  between  Groat  Britain  I 
and  the  United  States,  and  may  have  the  result  of  establishing  extended  trade  rela- 
tions between  the  Republic  and  Canada,  and  of  removing  all  sources  of  iiTitationbe- 1 
tween  tho  two  countries. 

GEORGE  E.  FOSTER, 
Miviatei'  of  Marine  and  iiahmet. 


W     . 


[laclosuro  2  iu  Ka  1. ) 
lieport. 

With  reference  to  a  dispatch  from  the  British  minister  at  Washiugtoi!,  to  bis  creel- 1 
lency  the  governor-general,  dated  tho  21st  May  last,  and  inclosing  a  lettur  from  Mr,  I 
Secretary  Bayard,  regarding  the  refusal  of  tho  collector  of  customs  at  bigby,  Novij 
Scotio,  to  allow  the  United  States  schooner  Jennie  and  Julia  the  right  of  e.xereis-l 
ing  commercial  privileges  at  the  said  port,  the  undersigned  baa  the  honor  to  make  the  j 
following  observations :  I 

It  appears  the  Jennie  and  Julia  is  a  vessel  of  about  14  tons  register,  that  »h«j 
was  to  all  intents  and  purposes  a  fishing-vessel,  and,  at  the  time  of  her  entry  into  tbe  I 
port  of  Digby,  had  fishing  gear  and  apparatus  on  board,  and  that  the  collector  fiillyj 
satisfied  himself  of  these  facts.  According  to  the  master's  declaration,  she  was  tlierel 
to  purchaae  fresh  herringonly,  and  wished  to  get  them  direct  from  the  weir  linhcrnicD.  | 
The  collector  acted  upon  his  conviction  that  she  was  a  fishing  vessel,  and,a8  8ucli,(le-J 
barred  by  the  treaty  of  1818  from  entering  Cauadiiui  ports  for  the  purposes  of  tradc.l 
lie,  therefore,  in  the  exercise  of  his  plain  duty,  warned  her  off.  I 

Tho  treaty  of  1818  is  explicit  in  its  terms,  and  by  it  United  States  fishing  vcsselij 
are  allowed  to  enter  Canadian  ports  for  shelter,  repairs,  wood,  and  water,  an.l  "fornoj 
other  purpose  whatever." 

The  undersigned  is  of  tho  opinion  that  it  cannot  be  successfully  contended  that  * 
bona  fide  fishing  vessel  can,  by  simply  declaring  her  intention  of  purchasing  fresh  fist 
for  other  than  baiting  purposes,  evade  tho  i^rovisions  of  the  treaty  of  1818  andolitainj 
privileges  not  contemplated  thereby.  If  that  were  admitted,  the  provision  of  tbe  j 
treat,y  which  excludes  United  States  fishing  vessels  for  all  purposes  but  tho  four  alio\o! 
mentioned,  would  be  rendered  null  and  void,  ami  tho  whole  United  States  Iishing fleell 
be  at  once  lifted  out  of  the  category  of  fishing  vessels,  and  allowed  the  free  use  of  Ca- j 
nadian  ports  for  baiting,  obtaining  supplies,  and  trans-shipping  cargoes.  I 

It  appv-.ars  to  the  undersigned  that  the  question  as  to  whet  ir  a  vessel  is  a  iisbinH 
vessel  or  a  legiticiote  trader  or  merchant  vessel,  is  oae  of  fact  and  to  be  dccidcil  Ijl 
the  chdraoter  of  tho  vessel  and  the  nature  of  her  outfit,  and  that  the  class  to  which  sliel 
belongs  is  not  to  be  determined  by  the  simple  declaration  of  her  master  that  he  is  noil 
at  any  given  time  acting  in  the  character  of  a  fisherman.  I 

At  tho  same  time  the  undersigned  bogs  again  to  observe  that  Cftiiada  has  no  ilosirel 
to  interrupt  the  long-established  and  legitimate  conimercial  intercoiirso  with  tlel 
United  States,  but  rather  to  encourage  and  maintain  it,  and  that  Can  Indian  port?  aral 
at  present  open  to  the  whole  merchant  navy  of  the  United  States  on  tho  same  liltfral| 
conditions  as  heretofore  accorded. 

The  whole  respectfully  submitted. 

GEORGE  E.  FOSTER, 
Minister  of  Manne  aud  Fiihaiti. 

Ottawa,  June  5, 1886. 


EIGHTS   OF   AMERICAN   FISHERltfEN. 


321 


[Inoloaure  "So.  2,  with  Mr.  Ilardiiigp's  note  of  Angnst  2, 1880.] 
Tk«  Earl  ofBosebery  to  Sir  L.  }Uil. 

Foreign  Ofkick,  July  23, 1886. 

Sir:  I  Lave  to  acknowledge  the  receipt  of  your  dispatch  No.  46  (treaty),  of  the  30th 
ftlav  lasf)  inclosing  a  copy  of  a  note  from  Mr.  Bayard,  in  which  he  protests  against 
fhe  provisionH  of  a  bill  recently  introduced  into  the  Canadian  Parliament  for  the  pur- 
!iii«  (if regulating  iishing  operations  by  foreign  vessels  iu  Canadian  waters. 
f  111  reply  I  iuclose  an  extract  of  a  dispatch  from  the  governor-general  of  Canada, 
Lotftiniiig  observations  on  the  subject. 

1  liave  to  add  that  Her  Majesty's  Government  en*'  I'ely  concur  in  the  views  expressed 
Bivtiie  Marquis  of  Lansdowne  iu  this  extract,  of  which  you  will  communicate  a  copy 
oMr.  liiiyard,  together  with  a  copy  of  the  present  dispatch. 

With  regard  to  Mr.  Bayard's  observations  in  the  same  note  respecting  a  customn 
Hirciiliir  ami  a  warning  ipsued  by  the  Canadian  authorities,  and  dated  respectively 
Bl:e  7th  May  und  the  otl  March  last,  I  liave  to  acquaint  you  that  these  documents 
Lie  now  benn  amended  so  as  to  bring  them  into  exact  accordance  with  treaty  stipu- 
litioim;  and  I  inclose,  for  communication  to  the  United  States  Government,  printed 

u[m<8  of  tliese  documents  as  amended, 
I  am,  &c. 


n,  toliisKcel-l 


(Inclosnre  1  in  No.  2.] 

The  Marquis  of  Lanadoivne  to  Earl  Granville. 

[Extract.] 

Citadel,  Quebec,  June  7,  1886. 

flcr  Majesty's  minister  at  Washington  has  been  good  enough  to  communicate  tome, 
fciriiiy  information,  copy  of  a  note  received  by  him  from  the  Secretary  of  State  of  the 
Tniti'd  States,  iu  which  the  bill  is  criticised,  not  so  much  on  account  of  its  policy,  or 
becuiise  its  introduction  is  regarded  as  inopportune  and  inconvenient,  as  upon  the 
pound  that  any  legislation  by  the  Parliament  of  the  Dominion  for  the  purpose  of  in- 
>riireting  and  giving  eflfert  to  a  contract  entered  into  by  the  imperial  Government  is 
itfjoud  the  competence  of  that  Parliament,  and  "  an  assumption  of  jurisdiction  en- 
pirtly unwarranted,"  and  therefore  "wholly  denied  by  the  United  States." 

Your  lordship  is  no  doubt  aware  that  legislation  of  this  kind  has  been  frequently 
^sorted  to  by  the  Parliament  of  the  Dominion,  f/ir  the  purpose  of  enforcing  treaties 
br  conventions  entered  into  by  the  imperial  Government.  In  the  present  case  the 
TtgislatioD  propos"d  was  introduced,  not  with  the  object  of  making  a  change  in  the 
lerms  of  the  convention  of  1818,  nor  with  the  intention  of  representing  as  breaches  of 
llie convention  any  acts  which  are  not  now  punishable  as  breaches  of  it.  What  the 
iramers  of  the  bill  sought  was  merely  to  amend  the  procedure  by  which  the  conven- 
liou  is  enforced,  and  to  do  this  by  attaching  a  ]>articular  penalty  to  a  ^articular 
p.'ich  of  the  convention  aftsr  that  breach  had  been  proved  before  a  competent 

ribunal.    li  must  oe  remembered  that  the  convention  itself  is  .ilent  as  to  the  pro- 

dure  to  be  taken  in  enforcing  it,  and  that  efl'ect  has  accordingly  been  given  to  its 
kroTisions  at  different  times  both  through  the  means  of  acts  passed,  on  the  one  side,  by 
[ougress,  and,  on  the  other,  by  the  imperial  Parliament,  as  well  aa  by  the  legislatures 
If  the  British  North  American  Provinces  previous  to  confederation,  and  since  confed- 
Ita'ion  by  tlio  Parliament  of  the  Dominion.  The  right  of  the  Dominion  Parliament 
(o legislate  for  these  purposes,  and  the  validity  of  such  legislation  as  against  the  cfti- 
fcnBof  a  foreign  country  has,  as  far  us  I  am  aware,  not  been  seriously  called  ia  ques- 
N'   Sueb  legislation,  unless  it  is  disallowed  by  the  imperial  Government,  becomes 

art  of  the  law  of  the  Empire. 

TbcGc""ument  of  the  United  States  has  long  been  aware  of  the  necessity  of  rcfer- 
jwoto  iii-)  Dominion  Parliament  in  matters  auecting  Canadian  interests,  and  has,  I 
Vlieve,  never  raised  any  objection  to  such  reference.    The  treaties  of  18u4  and  1871, 

ofar  as  they  rela^^^ed  to  the  hsheries  or  to  the  commercial  relations  of  tbs  Dominion, 
fm  niado  subject  to  ratification  by  her  legislature.  In  the  same  way  the  treaty 
iDiler  which  fugitive  criminals  from  the  ITnited  States  into  Canada  are  surrendered, 
^carried  into  effect  by  means  of  a  Canadian  statute.    If  a  foreigner  commit(>  a  mnruer 

tC'aiiarta  lie  is  tried,  convicted,  and  executed  by  virtue  of  a  Canadian  and  not  of  an 

Meriiil  act  of  Parliament.  Seizures  of  goods  and  vessels  for  breaches  of  the  local  cus- 
Nis  law  have  in  like  manner  been  made  for  many  years  past  without  any  protesli 
Ttho  ground  that  such  laws  involved  an  usarpatioi::  of  power  by  the  colony. 

S.  2\.  113- 21 


S2-2 


KIGUTS   OF   AMERICAN   FISHERMEN. 


Mr.  Biiyard's  siatoincut  that  tho  Dominion  Qovornmont  is  Booking;  by  itsactiuiijii 
this  matter  to  "  invado  and  destroy  the  commercial  rights  and  privilet^es  Becnredto 
citizeuB  of  tlie  United  States  under  and  by  virtue  of  treaty  etipulatioas  with  Great ! 
Britain  "  is  not  ^varran^ed  by  tho  facts  of  the  case.  No  attempt  has  been  made  either ' 
by  the  authorities  intrusted  wi*h  the  enforcement  of  the  existing  law  or  by  the  Par. 
li'ament  of  the  Dominion  to  interfere  with  vessels  engaged  in  bona  fide  commcrciji 
transactions  upon  the  coast  of  the  Dominion.  The  two  vessels  which  have  been 
seized  are  both  of  thera  beyond  all  question  fishing  vessels  and  not  traders,  and  there- 
fore liable,  subject  to  the  finding  of  the  courts,  to  any  penalties  imposed  by  law  for 
tho  enforcement  of  the  convention  of  1818  on  parties  violating  the  terms  of  that  cod- 
vention. 

When,  therefore,  Mr.  Bayard  })iotests  against  all  such  proceedings  as  being  "fla. 
grantly  violative  of  reciprocal  commercial  privileges  to  wluch  citizens  of  the  United 
States  are  lawfully  entitled  under  statutes  of  Great  Britain  and  the  well-defined  awl 
])nblicly-proclaimed  authority  of  both  countries,''  and  when  he  denies  the  competencf 
of  the  fishery  department  to  issue,  under  the  convention  of  1818,  such  a  paper  as  tbo 
*' warning,"  dated  the  5th  March,  1886,  of  which  a  copy  has  been  sapplied  to  your  i 
lordship,  he  is  in  effect  denying  to  the  Dominion  tho  right  of  taking  any  strips  for  t 
protection  of  its  own  rights  secured  under  the  convention  referred  to. 


i,  [IncIoaare2inKo.  2.] 

Warning. 
To  all  to  whom  it  may  concern  : 

The  Government  of  the  United  States  having  by  notice  terminated  Articles  XVIII 
to  XXV,  both  inclusive,  and  Article  XXX,  known  as  the  fishery  articles  of  the  Wash- 
ington Treaty,  attention  is  called  to  the  following  provision  of  the  convention  be- 
tween the  United  States  and  Great  ifitair  med  at  London  on  the  20th  October, 
1818 : 

"Article  I.  Whereas  differences  havo  aiihen  respecting  tho  liberty  claimed  by  tho 
United  States,  for  tho  inhabitants  thereof,  to  take,  dry,  and  cure  fish,  on  certain 
coasts,  bays,  harbors,  and  creeks  of  his  Britannic  Majesty's  dominions  in  America, 
it  is  agreed  between  the  high  contracing  parties  that  the  inhabitants  of  tho  said  Uniteil 
States  shall  have  forever,  in  common  with  the  subjects  of  his  Britannic  Majesty,  the 
liberty  to  take  fish  of  every  kind  on  that  part  of  tlie  southeni  coast  of  Newfoundland 
which  extends  from  Capo  llay  to  the  Rameaa  Islands,  on  the  western  and  northern 
coast  of  Newfoundland,  from  tho  said  Cape  Ray  to  the  Qnirpou  Islands,  on  the shorei 
of  the  Magdalen  Islands,  and  also  on  the  coasts,  bays,  harbors,  and  creeks  from  Mount 
Joly,  on  the  southern  coast  of  Labrador,  to  and  through  :he  straits  of  Bello  IsIp,  and 
thence  northwardly  indefinitely  along  tn..  coast,  without  prejudice,  however,  to  anyof  I 
tho  exclusive  rights  of  the  Hudson's  Bay  Company ;  and  that  tho  American  tSsLcrmen ' 
shall  also  have  liberty  forever  to  dry  and  cure  fish  in'any  of  the  unsettled  bays,  har- 
bors, and  creeks  of  the  southern  part  of  the  coast  of  Newfoundland  hereabove  de- 
scribed, and  of  the  coast  of  Labrador ;  but  so  soon  as  tho  same  or  any  portion  thereof, 
shall  be  settled,  it  shall  not  bo  lawful  for  the  said  fishermen  to  dryorcnrefishatsnch 
l)ortion  so  settled,  without  previous  agreement,  for  such  purpose,  with  the  inhabi- 
tants, proprietors,  or  possessors  of  the  ground. 

"And  the  United  States  hereby  renounce  forever  ar 
claimed  by  the  inhabitarts  thereof,  tctako,  dry,  orcv 
miles  of  any  of  the  coasts,  bays^  creeks,  or  harbors  o) 
ions  in  America  not  included  within  the  ubove-mei  Mo 

that  the  American  fishermen  shall  be  admitted  to  eutt  l  f-  tc'  ^ays  or  harbors  forthe  I 
purpose  of  shelter,  and  of  repairing  damages  therein,  of  y....  fissmg  wocl,  and  of  ob- 
taining water,  and  for  no  other  purpose  whatever.  Biit  thi,y  shall  be  under  sneh 
restrictions  as  may  be  necessary  to  prevent  their  taking,  drying^  or  curing  fish  therein, 
or  in  any  manner  whatever  abusing  tho  privileges  hereby  reserved  to  tlieiu." 

Attention  is  called  to  the  fol'owiiig  pro  /isions  of  the  act  of  Parliament  of  Canada,  | 
cap.61,  of  the  acts  of  1868,  entitled  "An  act  respecting  fishing  by  foreign  vessels";   j 

"2.  Any  commissioned  oflBcer  of  Her  Majesty's  navy,  serving  on  board  of  auyvcsseli  j 
of  Her  Majesty's  navy  cruising  and  being  in  the  waters  of  Canada  for  purpiwcf 
affording  protection  to  Her  Majesty's  subjects  engaged  in  the  fisheries,  or  any  com- 
missi lued  officer  of  Her  Majesty's  navy,  fishery  olticer,  or  stipendiary  magistrate  on 
board  of  any  vessel  belonging  to  or  in  the  service  of  tho  Government  of  Canada,  and 
employed  in  tho  service  of  protecting  the  fisheri  ss,  or  any  oflScer  of  tho  cnstoms  of 
Canada,  sherifl",  mogistrato,  or  other  person  duly  commia  ioned  for  that  pui-pose,may  ] 
go  on  board  of  any  ship,  vessel,  or  boat  within  auy  harnor  in  Canada,  or  hoverinf  j 
(in  British  waters)  within  three  marine  miles  of  anj  'if  the  coasts,  bays,  cieeks,  or  r" 


'iliiTty  heretofore  enjoyed  or 
iv  !;  ■ra  or  within  three  maruie  | 
.i   tannic  Majesty's  dorain- 
n.'  ^8 ;  provided,  howevir. 


EIGHTS   OP   AMERICAN   FISHERMEN. 


323 


horoJD  Cttuudn,  and  stay  ou  board  bo  long  as  she  may  remain  within  siiclt  place  or 

'  "1.  If  such  ship,  VO880I,  or  boat  bo  bound  elsewhere,  and  shall  conthine  within 
such  harbor,  or  so  hovering  for  twenty-four  hours  after  the  master  shall  have  been 
required  to  depart,  any  one  of  such  oflBcers  or  persons  as  arc  above  mentioned  may 
king  such  ship,  vessel,  or  boat  into  port  and  search  her  cargo,  and  may  also  examine 
tlio master  upon  oath  touching  the  cargo  and  voyage;  and  if  the  master  or  person  in 
command  shall  not  truly  answer  the  questions  put  to  him  in  such  examination  he 
fibiiU  forfeit  $400 ;  and  if  such  ship,  vessel,  or  boat  bo  foreign,  or  not  lavigated  accord- 
ID2  to  tlie  laws  of  the  United  Kingdom,  or  of  Canada,  and  have  been  found  fishing  or 
preparing  to  fish,  or  to  have  been  fishing  (in  British  waters)  within  three  marine  milesof 
any  of  the  coasts,  bays,  creeks,  or  harbors  of  Canada,  not  included  within  the  above- 
mentioned  limits,  without  a  license,  or  after  the  expiration  of  the  periotl  named  in 
tbe  last  license  granted  to  such  ship,  vessel,  or  boat  under  the  first  section  of  this  act, 
Slid)  ship,  vessel,  or  boat,  and  the  tackle,  rigging,  appare!,  furniture,  stores,  and  cargo 
thereof  shall  he  forfeited. 

''4,  All  goods,  ships,  vessels,  and  boats,  and  the  tackle,  rigging,  apparel,  furniture, 
stores  and  cargo  liable  to  forfeiture  under  this  act,  may  bo  seized  and  secured  by  any 
officers  or  persons  mentioned  in  the  second  sectio  »  of  this  act ;  and  every  person  op- 
posing any  Ucer  or  person  in  the  execution  o*  Iiis  duty  under  this  act,  or  aiding;  or 
abettiug  an>  other  person  in  any  opposition,  shall  forfeit  $800,  and  shall  be  guilty  of 
:  ft  misdemeanor,  and  upon  conviction,  be  liable  to  imprisonment  for  a  term  not  exceed- 
ing two  years." 

Of  all  of  which  you  will  take  notice  and  govern  yourself  accordingly. 

GEORGE  E.  I-'OSTER, 
Minister  of  Marine  avd  Fislicriea. 

Depautment  of  Fisheries, 

Ottawa,  March  5,  1886. 


[Inclosnro  3  in  Ko.  2.] 

Cuatoma  circular  No.  371. 

Customs  Depautment, 

Ottawa,  May  7,  1886. 

•Sir:  The  Government  of  the  United  States  having  by  notice  temiinated  Articles 
[XVIII  to  XXV,  both  inclusive,  and  Article  XXX,  known  as  the  flsheiy  articles  of  the 
[Washington  treaty,  attention  is  called  to  the  following  provision  of  the  convention 
i  (letwecn  the  United  States  and  Great  Britain,  signed  at  London  on  the  SJOth  Octo- 
|kr,181&: 

"Ahticlk  I.  Whereas  diflferences  have  arisen  respecting  the  liberty  claimed  by  the 
[United  States  for  the  inhabitants  thereof  to  take,  dry,  an«l  cure  fish  on  certain  coasts, 

liavs,  harbors,  and  creeks  of  his  Britannic  Majesty's  dominions  in  America,  it  is 
[agreed  between  the  high  contracting  parties  that  the  inhabitants  of  the  said  United 

f^^ljii^  shall  have  forever,  in  common  with  the  subjects  of  his  Britannic  Majesty, 
Itlie  liberty  to  take  fish  of  every  kind  on  that  part  of  the  southern  coust  of  N^w- 
jfoimdland  which  extends  from  Capo  Ray  to  the  Rameau  Islands,  on  the  western 
1.111(1  northern  coast  of  Newfoundland,  from  the  said  Cape  Ray  to  the  Quirpon  Islands, 
Ion  the  shores  of  tho  Magdalen  Islands,  and  also  on  the  coasts,  bays,  harbors,  and 
lorteks  from  Mount  Joly,  on  the  southern  coast  of  Labrador,  to  and  through  the 
luraitsof  Belle  Isle,  and  thence  northwardly  indefinitely  along  tho  coast,  without 
Ipnjudice,  liowovor,  to  any  of  tho  exclusive  rights  of  the  Hudson's  Bay  Company; 
|aiiil  that  tho  American  fishermen  shall  also  have  liberty  forever  to  dry  and  cure 
in  any  of  the  unsettled  bays,  harbors,  and  creeks  of  the  southern  part  of  the 
IfOMtof  Newfoundland,  hereabove  described,  and  of  the  coast  of  Labraclor;  but  so 
■won  as  tho  same,  or  any  portion  thereof,  shall  bo  settled,  it  shall  not  be  law/"'  1  for 
Itle  said  fishcrnieu  to  dry  or  cure  fish  at  such  portion  so  settled,  without  jirevious 
|«);reement  for  such  purpose  with  the  inhabitants,  proprietors,  or  possessors  of  the 

"And  tho  United  States  hereby  renounce  forever  any  liberty  heretofore  enjoyed  or 
pliimcd  by  the  inhabitants  thereof  to  take,  dry,  or  cure  fish  ou  or  within  three  marine 
pii.i'sof  any  of  the  coosts,  bays,  creeks,  or  harbors  of  His  Britauuio  Majesty's  domiu- 
Ns  in  America  not  included  within  the  above-mentioned  limits ;  provided,  however, 
pliiit  the  American  fishermen  shall  be  admitted  to  enter  such  bays  or  harbors  for  the 
|nrpose  of  shelter,  and  of  repairing  damages  therein,  of  purchasing  wood,  and  of  ob- 
Taiiiing  water,  and  for  no  other  purpose  whatever.  But  they  shall  be  under  such 
(•■strictions  as  may  be  necessary  to  prevent  their  taking,  drying,  or  curing  fish  therein, 
|ir  m  any  manner  whatever  abusing  the  privileges  hereby  reserved  to  them." 


324 


BIGHTS   OV   AMERICAN   i'lSHERMEN. 


Attention  is  also  called  to  the  following  provisions  of  tbo  act  of  tbo  Parliament  of 
Canada,  cap.  61,  of  the  acts  of  18C8,  entitled  "An  act  respecting  liehing  by  foteim 
vessels": 

"2.  Any  commissioned  oiBcerof  Her  Majesty's  uavy.serving  on  board  of  any  vessel 
of  Her  Majesty's  navy  crnising  and  being  in  tbo  waters  of  Canada  for  purpose  ot 
affording  protection  to  Her  Majesty's  subjects  ongcged  in  tbe  tisborica,  or  any  com. 
missioned  oflQcer  of  Her  Majesty's  navy,  nsbory  oflicer,  or  stipendiary  ina<^i8tratc  or 
board  of  any  vessel  belonging  to  or  in  the  service  of  tbo  Government  of  Canada  ami 
employed  in  tbo  service  of  protecting  the  lisbpries,  or  any  officer  of  tue  ('ustoinsot 
Canada,  sheriff,  magistrate,  or  Jther  person  duly  commissioned  for  that  pur[)08e,niav 
go  on  board  of  any  ship,  vessel,  or  boat  within  any  harbor  in  Canada,  or  bovcrinj;  (ij 
British  waters)  within  tbreo  marine  miles  of  any  of  the  coasts,  bays,  creeks,  or  liarliorj 
in  Canad.s  and  stay  on  board  so  long  as  she  may  remain  within  such  place  or  distance, 

"  3.  If  such  ship,  vessel,  or  boat  be  bound  elsewhere,  and  shall  continue  wltliin 
such  harbor,  or  so  hovering  for  twenty-four  hours  after  tbe  master  shall  have  been 
required  to  depart,  any  one  of  such  officers  or  persons  as  are  above  nieniioncd  niav 
bring  such  ship,  vessel,  or  boat  intc^port  and  search  her  cargo,  and  may  also  examine 
the  master  upon  oath  touching  the  cargo  and  voyage ;  and  if  the  master  or  iiorHonln 
command  shall  not  truly  answer  the  questions  put  to  him  in  such  examination,  he 
shall  forfeit  400  dollars;  and  if  such  ship,  vessel,  or  boat  bo  foreign,  or  not  navijjated 
according  to  the  laws  of  the  United  Kingdom  or  of  Canada,  and  have  been  fonnd 
tishing,  or  preparing  to  fish,  or  to  have  been  fishing  (in  British  waters)  within  three  ma- 
rine miles  of  any  ot  the  coasts,  bays,  creeks,  or  harbors  of  Canada,  not  iiichuled  witb- 
in  the  above-mentioned  limits,  without  a  license,  or  after  the  expiration  of  the  period 
named  in  the  last  license  granted  to  such  ship,  vessel,  or  boat  under  the  Ist  section 
of  this  act,  such  ship,  vessel,  or  boat,  and  tlie  tackle,  rigging,  apparel,  furniture, 
stores,  and  cargo  thereof  shall  be  forteited. 

"4.  All  goods,  ships,  vessels,  and  boats,  and  the  tackle,  rigging,  apparel,  furnitnre, 
stores,  and  cargo  liable  to  forfeiture  under  this  act,  may  be  seized  aud  secund  h 
any  oflBcers  or  persons  mentioned  in  the  ad  section  of  this  act ;  and  every  person 
opposing  any  officer  or  person  in  the  execution  of  his  duty  under  this  act,  or  aiding 
or  abetting  any  other  person  in  any  opposition,  shall  forfeit  800  dollars,  and  sball  be 
guilty  of  a  misdemeanor,  and,  upon  conviction,  be  liable  to  imprisonment  for  a  term  not 
exceeding  two  years. " 

Having  reference  to  the  above,  you  are  requested  to  furnish  any  foreign  vesselj, 
boats,  or  fishermen  found  within  three  marine  miles  of  the  shore,  within  your  district, 
with  a  printed  copy  of  the  warning  iuclosed  herewith. 

If  any  fishing  vessel  or  boat  of  the  United  Stales  is  found  fishing,  or  to  have  been 
fishing,  or  preparing  to  fish,  or  if  hovering  within  the  three-mile  limit,  docs  not  depart 
within  twenty-four  hours  after  receiving  such  warning,  you  will  please  place  an  of- 
ficer on  board  of  such  vessel,  and  at  onco  telegraph  the  facts  to  the  Fi,sliories  Depart- 
ment at  Ottawa,  and  await  instructions. 

J.  JOHNSON, 
Commissioner  of  Customi. 

To  the  Collector  oif  Customs  at . 


[  InoloBure  Ko.  8,  with  Mr.  Hardinge's  uote  of  Augiint  2,  1880.] 
r/t«  Earl  of  Roselery  to  Sir  L.  West. 

FoiJEiGN  Office,  Jiity  Zi,  18d6. 

Sib  :  I  have  recoived  your  dispatch  No.  55,  'I'reaty,  of  the  15th  ultimo,  in  which  yon  I 
inclose  a  copy  of  a  note  from  Mr.  Bayard,  protesting  against  a  warning  alleged  to  liave 
been  given  to  UnitedStates  fishing  vessels  l>y  a  Canadian  customs  official,  with  the 
view  to  prevent  them  from  fishing  within  lines  drawn  from  headland  to  headland 
from  Cape  Canso  to  St.  Esprit,  and-from  North  Cape  to  East  Point  of  I'rince  Edwcid 
Island. 

In  reply,  I  have  to  request  you  to  acquaint  Mr.  Bayard  that  Her  Majesty's  Govern- 
ment have  ascertained  that  no  instructions  to  this  eli'ect  have  been  issued  bytheCa-j 
nadian  Government,  but  that  a  further  report  is  expected  upon  the  subject. 

It  appears  that  the  collector  at  Canso,  in  conversation  with  the  mast.ir  of  a  fish 
vessel,  expressed  the  opinion  that  the  headland  line  ran  from  Cranberry  Islanti to  I 
8t.  Esprit,  but  this  was  wholly  unauthorized. 
I  am,  d^o. 


BIGHTS   OP  AMERICAN  FISHERMEN. 


325 


No.  28. 

Mr.  Bayard  to  Mr.  Hardinge. 

Department  op  Statw, 
Washington,  August  9, 1886. 
Sie:  I  regret  tbat  it  bas  become  my  duty  to  draw  the  attention  of 
Her  Majesty's  Government  to  the  unwarrantable  and  unfriendly  treat- 
ment, reported  to  me  this  day  by  the  United  States  consul-general  at 
Halifax,  experienced  l>y  the  American  fishing  schooner  Battler,  of  Glou- 
cester, Mass.,  on  the  3d  instant,  upon  the  occasion  of  her  being  driven 
by  stress  of  weather  to  find  shelter  in  the  harbor  of  Shelburue,  Nova 

Scotia. 

She  was  deeply  laden  and  was  off  tke  harbor  of  Shelburne  when  she 
sought  shelter  in  a  storm  and  cast  anchor  just  inside  the  harbor's  en- 
trance. 

She  was  at  once  boarded  by  an  oflBcer  of  the  Canadii\n  cutter  Terror, 
who  placed  two  men  on  board. 

When  the  storm  ceased  the  Battler  weighed  anchor  to  proceed  on 
her  way  home,  when  the  two  men  placed  on  board  by  the  Terror  dis- 
charged their  pistols  as  a  signal,  and  an  officer  from  the  Terror  again 
bowded  the  Battler  and  threatened  to  sieze  the  vessel  unless  the  cap- 
tain reported  at  the  custom-house. 

The  vessel  was  then  detained  until  the  captain  reported  at  the  cus- 
tom house,  after  which  she  was  permitted  to  sail. 

The  hospitality  which  all  civilized  nations  prescribe  has  thus  been 
violated  and  the  stipulations  of  a  treaty  grossly  infracted. 

A  fishing  vessel,  denied  all  the  usual  commercial  privileges  in  a  port, 
has  been  compelled  strictly  to  perform  commercial  obligations. 

In  the  interests  of  amity,  I  ask  that  this  misconduct  may  be  properly 
rebuked  by  the  Government  of  Her  Majesty. 
I  have,  &c., 

T.  F.  BAYAED. 


No.  29. 

Mr.  Hardinge  to  Mr,  Bayard. 

"W  ASHiNQTON,  August  10, 1886.  [Eeceived  August  11.] 
SiE:  I  have  the  honor  to  acknowledge  the  receipt  of  your  note  of  yes- 
I  terday,  drawing  the  attention  of  Her  Majesty's  Government  to  the 
( alleged  unwarrantable  and  unfriendly  treatment  experienced  by  the 
I  American  fishing  schooner  Battler,  on  the  3d  instant,  upon  the  occa- 
I  sion  of  her  being  driven  by  stress  of  weather  to  find  shelter  in  the  har- 
j  bor  of  Shelburne,  Nova  Scotia. 
I  have,  &c., 

CHABLES  HABDINGE. 


526 


RIGHTS   OP   AMERICAN   FISHERMEN. 


No.  30. 

Mr.  Bnyard  to  Sir  L.  West. 

» 

Depabtment  op  State, 
Washington,  AugvM.  17, 188C. 

SiE :  An  affidavit  has  been  filed  in  this  Department  by  P.euben  Cam- 
eron, master  of  the  American  scboouer  Golden  Ilind,  of  Gloucester 
Mass.,  setting  forth  that,  on  or  about  the  23d  of  July  ultimo,  beingont 
of  water,  he  attempted  to  put  into  Port  Daniel,  Bay  of  Chaleurs,to 
obtain  a  fresh  supply;  that  at  the  entrance  of  the  bay,  about  four  or 
five  miles  from  land,  the  Golden  Hind  was  boarded  by  an  officer  from 
the  Canadian  schooner  B.  F.  Conrad,  and  by  him  ordered  not  to  euter 
the  Bay  of  Ohaleurs^  that  said  officer  furnished  Captain  Cameron  witli 
a  printed  warning  with  this  indorsement  written  thereon :  "  Dou't  ea 
ter  the  Bay  of  Chaleurs,  M.  S.;"  and  that  in  conseqnence  of  said  act  of  | 
the  Canadian  officer  the  Golden  Hind  was  obliged  to  go  across  to  Tig 
nish.  Prince  Edward  Island,  to  obtain  water,  whereby  his  fishing  veu- 
ture  was  interfered  with,  and  loss  and  injury  caused  to  the  vessel  and 
her  owners. 

1  have  the  honor  to  protest  against  this  act  of  officers  of  Her  Britan 
nic  Majesty  as  not  only  distinctly  unfriendly  and  contrary  to  the  liumaue  | 
usages  of  civilized  nations,  but  as  in  direct  violation  of  so  much  of  Ar 
tide  I  of  the  convention  of  1818  between  the  United  States  and  Great  j 
Britain  as  secures  forever  to  American  fishermen  upon  the  Britisli 
North  American  coast  admission  to  the  bays  or  harbors  thereof  for  the  I 
purpose  of  obtaining  water.    And  for  all  loss  or  injury  which  may  h  \ 
shown  to  have  accrued  by  reason  of  the  act  in  question  the  Govern- 
ment of  Her  Britannic  Majesty  will  be  held  justly  liable. 

I  have  further  the  honor  to  ask  with  all  earnestness  that  the  Gov- 
ernment of  Her  Britannic  Majesty  will  cause  steps  to  be  forthwitli  j 
taken  to  prevent  and  rebuke  acts  so  violative  of  treaty  and  of  tbe  | 
common  rites  of  hospitality. 
I  have,  &c., 

T.  F.  BAYAED, 


No.  31. 

Sir  L.  West  to  Mr.  Bayard. 

Wasuington,  August  18, 188G.    [Received  August  19.] 
Sir:  I  have  the  honor  to  acknowledge  the  receipt  of  yournoteofj 
yesterday,  protesting  against  the  action  of  the  officer  of  the  Dominion  I 
schooner  E.  P.  Conrad,  in  forbidding  the  master  of  the  American 
schooner  Golden  Hind  to  enter  the  Bay  of  Chaleur  for  the  purpose  of  j 
renewing  his  supply  of  fresh  water  at  that  i^lace. 
I  have,  &c., 

L.  9.  SAOKVILLE  WEST. 


EIGHTS   OP   AMERICAN   FISHERMEN.  327 

No.  32. 

Mr.  Bayard  to  Sir  L.  West. 

DepabItmbnt  op  State, 

Washington,  August  18, 1886. 

SiE :  Grave  cause  of  complaint  is  alleged  by  the  masters  of  several 
American  fisbing  vessels,  among  wbich  can  be  named  the  schooners 
Sbiloh  and  Julia  Ellon,  against  the  hostile  and  outrageous  misbehavior 
of  Captain  Q'ligley,  of  the  Canadian  cruiser  Terror,  who,  upon  the  en- 
trance of  these  vessels  into  the  harbor  of  Liverpool,  Nova  Scotia,  fired 
a  gnn  across  their  bows  to  hasten  their  coming  to,  and  placed  a  guard 
!  of  two  armed  men  on  board  each  vessel,  who  remained  on  board  until 
the  vessels  left  the  harbor. 

In  my  note  to  your  legation  of  the  9th  instant  I  made  earnest  remon- 
strance against  another  unfriendly  act  of  Captain  Quigley,  against  the 
schooner  Battler,  of  Gloucester,  Mass.,  which,  being  fully  laden  and  on 
Ler  bomeward  voyage,  f^ought  shelter  from  stress  of  weather  in  Shel- 
1  Imnie  Harbor,  Nova    cotia,  and  was  then  compelled  to  report  at  the 
;  customhouse,  and  have  a  guard  of  armed  men  kept  on  board. 

Such  conduct  cannot  be  defended  on  any  just  ground,  and  I  draw 
[  your  attention  to  it  in  order  that  Her  Britannic  Majesty's  Government 
i  may  reprimand  Captain  Quigley  for  his  unwarranted  and  rude  act. 

It  was  simply  impossible  for  this  oflBcer  to  suppose  that  any  invasion 
I  of  the  fishing  privileges  of  Canada  was  intended  by  these  vessels  under 
1  tJic  circumstances. 

The  firing  of  a  gun  across  their  bows  was  a  most  unusual  and  wholly 
I  nucalled  for  exhibition  of  hostility,  and  equally  so  was  the  placing  of 
[armed  men  on  board  th'^  peaceful  and  lawful  craft  of  a  friendly  nation. 
I  have,  &c., 

T.  F.  BAYARD. 


No.  33. 


Sir  L,  West  to  Mr.  Bayard. 

Washington,  August  18, 1886.  [Received  August  19.] 
SiE:  With  reference  to  your  note  of  the  2d  ultimo  reporting  to  me 
[the  detention  of  the  American  schooner  City  Point,  of  Portland,  Me.,  by 
Ithe  Canadian  authorities  ai,  the  port  of  Shelburne,  Nova  Scotia,  and  pro- 
jtestin^'  against  their  action  in  so  doing,  I  have  the  honor  to  inform  you, 
[in  accordance  with  instructions  which  I  have  received  from  Her  Maj- 
ity's  Government,  that  the  master  of  the  schooner  City  Point  com- 
Imitted  a  breach  of  the  customs  laws  of  the  Dominion  by  not  reporting 
jto  customs  and  lauding  pa-^t  of  the  crew  and  luggage.  The  vessel  in 
[qnestion  was  subsequently  released  on  deposit  of  $400. 
I  have,  &c., 

L.  S.  SAOKVILLE  WEST. 


328  RIGHTS  OP  AMERICAN  FI3HEfiMEN. 

No.  34 

* 

Sir  L.  West  to  M:  Bayard. 

Washington,  August  19, 188G.    [Eeceived  August  20.1 
Sm :  I  have  the  honor  to  acknowledge  the  receipt  of  your  note  o. 
yesterday  inforrainf;  me  of  the  causes  of  complaint  alleged  by  thema^l 
ters  of  several  American  fishing  vessels  against  Captain  Quigley,ofthe| 
Canadian  cruiser  Terror. 
I  have,  &c., 

L.  S.  SACKVILLB  WEST. 


No.  35. 


Sir  L.  West  to  Mr.  Bayard. 

British  Legation, 
September  1, 188G.    [Received  September  2.] 
SiE :  With  reference  to  your  note  of  the  30th  of  July  last,  calliDf^j 
attention  to  the  cases  of  the  Thomas  F.  Bayard  and  the  Mascot, 
have  the  honor  to  inform  you,  in  pursuance  of  instructions  from  Uerj 
Majesty's  secretarj'^  of  state  for  foreign  affairs,  that  immediate  inquirjl 
will  be  made  into  the  matter  with  the  view  that  the  right  secured  bri 
the  convent'on  of  1818  to  United  States  fishermen  shall  in  no  wise  1 
prejudiced. 

I  have,  &c., 

L.  S.  SACKVILLB  WEST. 


No.  36. 

Mr.  Bayard  to  Sir  L.  West. 

Department  of  State, 

Wa^hingtoHi,  September  .10, 1886. 

Sir:  It  is  my  duty  to  ask  you  to  bring  to  the  attention  of  HerBril 
tannic  Majesty's  Government  the  treatment  lately  experienced  by  an 
American  fishing  vessel,  the  Mollie  Adams,  of  Gloucester,  Mass.,  attbj 
hands  of  the  collector  of  customs  at  Port  Mulgrave,  in  the  Strait  c 
Canso,  Nova  Scotia. 

By  the  sworn  statement  of  Solomon  Jacobs^  master  of  the  schooneij 
Mollie  Adams,  it  appears  that  on  the  31st  ultimo,  whilst  on  hi8honie[ 
ward  voyage  laden  with  fish  from  the  fishing  banks,  he  was  compelto 
to  put  into  Port  Mulgrave  to  obtain  water,  and  duly  made  report  an! 
entry  at  the  custom  house.  The  water-tank  of  the  vessel  having  beej 
burst  in  his  voyage  by  heavy  weather  and  thus  rendered  useless, bj 
asked  permishion  of  the  collector  to  purchase  two  or  three  barrels  tj 
hold  a  supply  of  water  for  his  crew  on  their  homeward  voyage  of  abonr 
500  miles. 

This  application  was  refused  and  his  vessel  threatened  with  S'^iznrj 
if  barrels  were  so  purchased.    In  consequence  the  vessel  was  compelW 


fttOrit'S  OP  AMERtcAN  PtSITteRMBN. 


OZ 


to  put  to  sea  with  an  insuflEicient  supply  of  water^  and  iii  trying  to  make 
gome  other  port  wherein  to  obtain  water  a  severe  gale  was  encountered 
which  swept  away  his  deck-load  of  fish  and  destroyed  two  seine  boats. 
This  inhospitable,  indeed  inhuman,  conduct  on  the  part  of  the  cus- 
toms officer  in  question  should  be  severely  reprimanded,  and  for  the 
infractiou  of  treaty  rights  and  commercial  privileges  compensation 
equivalent  to  tlie  injuries  sustained  will  be  claimed  from  Her  Majesty's 
Governmeut. 
I  have,  &c., 

T.  F.  BAYAllD. 


No.  37. 

Sir  L.  West  to  Mr.  Bayard. 

Washington,  September  11,  1880.    [Received  September  14.] 
Sir:  I  have  the  honor  to  acknowledge  the  receipt  of  your  note  of 
[yesterday's  date  calling  attention  to  the  case  of  the  Mollie  Adams. 
I  have,  &c., 

L.  S.  SACKVILLE  WEST. 


No.  38. 


Sir  L.  West  to  Mr.  Bayard. 

British  Legation, 
Washington,  September  17, 1886.    [Received  September  18.] 

SiE :  With  reference  to  your  note  of  the  30th  of  July  last,  calling 
[attention  to  alleged  infractions  of  the  convention  of  1818  by  the  author- 
jities  at  Bonne  Bay,  Newfoundland,  and  at  Port  Amherst,  Magdalen 
llslands,  I  have  now  received  instructions  from  Her  Majesty's  secretary 
jof  state  for  foreign  affairs  to  Inform  you  of  the  steps  which  have  been 
[taken  in  the  matter  in  consequence  of  the  protest  of  the  United  States 
iGoverument. 

On  the  arrival  of  your  note  in  London,  Her  Majesty's  secretary  of 
JBtate  for  the  colonies  telegraphed  to  the  officers  administering  the  Gov- 
lerameuts  of  Canada  and  Newfoundland  calling  attention  to  the  cases, 
laml  explaining  that  under  the  treaty  of  181.S  United  States  flsheriuen 
lliave  the  right  to  fish  off  the  coasts  of  the  Magdalen  Islands  and  off  cer- 
[taiu  coasts  of  Newfoundland,  and  stating  that  it  was  presumed  that  the 
pstonis  otDcials  in  those  places  had  not  been  instructed  in  the  same 
My  as  on  other  parts  of  the  coast. 

On  the  25th  ultimo  the  Governments  of  Canada  and  Newfoundland 
wre  further  instructed  by  dispatches  from  the  colonial  office  to  make 
'nil  reports  on  the  subject  of  the  comi)laints  in  question,  and  it  was 
ffcomuiended  that  special  instructions  should  be  issued  to  the  authori- 
m  at  those  places  where  the  inshore  fishery  has  been  granted  by  the 
pivention  of  1818  to  the  United  States  fishermen,  calling  their  atten- 
™ii  to  the  provisions  of  that  convention,  and  warning  them  that  no 


330 


BlGHT.s  OF  AMERICAN  FISHERMEN. 


action  contrary  thereto  may  be  taken  in  regard  to  United  States  fli 
ing  vessels. 

I  may  add  that  information  has  been  received  that  the  waruius;  uotic«i| 
referred  to  by  yon  were  discontinued  in  the  beginning  of  Aug  .st. 
I  have,  &o., 

L.  S.  SAOKVILLE  WEST. 


No.  39. 

Sir  L.  West  to  Mr.  Bayard. 

Washington,  September  18, 1880.    [Received  Septonibor  20.] 
Sir:  I  have  the  honor  to  inform  you  that  I  am  requested  by  the  Ei 
of  Iddesleigh  to  state  to  you  that  immediate  inquiry  will  be  made  re) 
ftarding  the  action  of  tlie  ofBcer  of  the  Canadian  schooner  E.  F.CouradJ 
in  the  case  of  the  United  States  schooner  Go'den  Hind,  whicli  foriiie(l| 
the  subject  of  yonr  note  of  tlie  17th  ultimo. 
I  have,  &c., 

L.  S.  8ACKVILLE  WEST. 


No.  40. 
Mr.  Bayard  to  Sir  L.  West. 

Department  of  State, 

Washington,  September  2Z,\9M. 

Sir  :  I  have  the  honor  to  bring  to  your  attention  an  instance  which 
has  been  brought  to  my  knowledge  of  an  alleged  denial  of  one  of  the 
rights  guaranteed  by  the  convention  of  1818,  in  the  case  of  an  American 
vessel. 

Capt.  Joseph  E.  Graham,  of  the  fishing  schooner  A.  R.  Crittenden, 
of  Gloucester,  Mass.,  states  under  oath  that  on  or  about  the  21st  ol 
July  last,  on  a  return  trip  from  the  open-sea  fishing  grounds  to  hisliome 
port,  and  while  passing  through  the  Strait  of  Canso,  he  stopped  at  Steep] 
Creek  for  water.  The  customs  officer  at  that  place  told  him  tliat  if  ho 
took  in  water  his  vessel  would  be  seized ;  whereupon  he  sailed  witbont] 
obtaining  the  needed  supply,  and  was  obliged  to  put  his  men  onshoi 
allowance  of  water  during  the  ])assage  homeward. 

I  have  the  honor  to  ask  that  Her  Britannic  Majesty's  Govcrnineni 
cause  investigation  to  be  made  of  the  reported  action  of  the  customi 
oflBcer  at  Steep  Creek,  and  if  the  facts  be  as  stated,  that  he  be  promptl; 
rebuked  for  his  unlawful  and  inhumane  conduct  in  denying  to  a  vessel  ol 
a  friendly  nation  a  general  i)rivilege,  which  is  not  only  held  sacred 
der  the  maritime  law  of  natic  ^s,  but  which  is  expressly  conflrracd  d 
the  fishermen  of  the  United  States  throughout  the  Atlantic  coasts  ol 
British  North  America  by  the  first  article  of  the  convention  of  1818. 

It  does  not  appear  that  the  A.  R.  Crittenden  suffered  other  damai 
by  this  alleged  inhospitable  treatment,  but  reserving  that  point  th( 
incident  affords  an  illustration  of  the  vexatious  spirit  in  which  the  "" 
cers  of  the  Dominion  of  Canada  appear  to  seek  to  penalize  and  cppr 
those  fishing  vessels  of  the  United  States,  lawfully  engaged  in  fisbin 
which  from  any  cause  are  brought  within  their  reach. 
I  have,  &c., 

T.F.BAYAED, 


RIGHTS   OP   AMKRICAN    riSHERMKN. 


on  i 


No.  41. 

Sir  L.  West  to  Mr.  Bayard. 

British  Legation, 
Washington,  September  25,  1886.     [Itccoivod  September  27.] 

Sib:  I  have  the  honor  to  acknowledjj'i  the  receipt  '^f  your  note  of  the 

^M  instaut  requesting  that  investigation  should  bo  nnido  of  the  re- 

orteil  action  of  the  customs  oflicer  at  Steep  Creek,  in  the  Straits  of 

I'linso,  in  threatening  the  United  States  lisliing  schooner  Crittenden 

iritli  seizure  if  she  took  in  water,  and  to  inform  you  tliat  1  have  ailvised 

]cr  Majesty's  Government  accordingly.  . 

I  liave,  &c., 

L.  S.  SACKVILLE  WEST. 


No.  42. 


Sir  L.  West  to  Mr.  Bayard. 

Washington,  October  12,  "880.  [Received  October  13.] 
Sir  :  Witli  reference  to  your  note  of  the  11th  June  relative  to  certain 
iFariiiujjs  alleged  to  have  been  given  to  United  Stat(!S  fishing  vessels 
by  tlie  Bubcollector  of  customs  at  Cans« .  I  have  the  honor  to  inclose  to 
ion  herewith  by  instruction  from  the  Earl  of  Iddesleigh  an  extract 
Juiiuin  approved  report  of  the  Canadian  privy  council  dealing  with  this 
Question. 

1  have,  &c., 

L.  S.  SACKVILLE  WEST. 


[Inolosuro.] 

Jrlwct  from  a  certified  copy  of  a  report  of  a  committee  of  the  honorable  the  privy  council 
;  apftored  by  his  excellency  tlie  adminiatrator  of  the  Government  in  council  on  the  IGth 

August,  1H«6. 

Tlie  committee  of  the  privy  council  liavo  had  nnder  consideration  a  dispatch  dated 
|JJiily,  1886,  from  tlie  secretary  of  «tate  for  the  colonies  in  which  ho  asks  for  a  re- 
wrt  from  the  Canadian  Government  on  the  subject  of  an  inclosed  note  from  Mr. 
iecretary  Bayard  to  the  British  minister  at  Washington  relating  to  certain  warnings 
illfged  to  have  been  given  to  United  States  fishing  vessels  by  the  subcolicctor  of 
mioms  at  Canso. 

Mr.  Bayanl  states : 

First,  Tliat  the  masters  of  the  four  American  fishing  vessels  of  Gloucester,  Mass., 
NarthaC.  Bradley,  Rattler,  Eliza  Boynton,  and  Pioneei-,  have  severally  reported  to 
lie couBul-general  at  Halifax,  that  the  subcolicctor  of  customs  at  Canso  had  warned 
tern  to  keep  outside  an  imaginary  line  drawn  from  a  point  three  miles  outside  Canso 
leadtoapoint  three  miles  outside  St.  Esprit  on  the  Cape  Breton  coast, 
^cond.  That  the  same  m.'isters  also  report  that  they  were  warned  against  going 
Mi'le  an  imaginary  line  Irawn  from  a  point  throe  miles  outside  North  Capo,  in  Prince 

award  Island,  to  a  point  three  miles  oat«ido  East  Point  on  the  same  island. 

Tiiird.  That  the  same  authority  informed  the  masters  of  the  votsels  referred  to  that 
m  would  not  be  permitted  to  enter  Bay  Chaleur. 

I  Tiie  minister  of  marine  and  fisheries,  to  whom  the  dispatch  and  inclosures  were  re- 
fffed,  observes  that  the  instructions  issued  to  collectors  of  customs  authorized  them 
"lertain  castis  to  furnish  United  States  fishing  vessels  with  a  copy  of  the  circular 
Nto  attached,  and  which  constitutes  the  only  official  "  warning"  collectors  of  ens- 


332 


RIOHTS   Ol'   AM 


.AN  F18I1KRMEN. 


toiHH  arc  ompowcr«<l  toKivo.  It  wan  to  bo  ])i'OHiiiiicd  tliut  tlu>  Hubcolkctorof  tm,! 
toiuH  at  CuiiHo,  an  all  othor  colloctorM,  would  carefully  follow  out  tbo  iiistnictioniyl 
received,  aud  tliat  tberefore  no  caHO  Huob  as  that  alleged  by  Mr.  Bocrutaryltayitl 
would  bo  likely  to  arlHO.  "] 

The  minister  states,  however,  ho  soon  as  the  dis])atch  above  referred  to  WMt«.| 
oeived  he  scut  to  the  subcoUector  at  CaoHO  a  eopy  of  the  allcgatiouH,  uik!  renne«t(j| 
an  iaiinediato  reply  thereto.  I 

The  Hubcollector,  in  answer,  emphatically  denies  that  be  lias  ordered  niiyAiiicH-l 
can  vessel  out  of  any  harbor  in  his  district  or  elHcwliere,  or  that  ho  did  aiivtliimrisl 
the  way  »if  warning,  except  to  deliver  copies  of  the  ofllciul  circular  above  ftiiii(i((fi„  I 
and  states  that  be  boarded  no  United  Htatcs  vessel  other  than  the  Annie  .Ionian auj I 
the  Uereward.  and  that  neitlu<r  the  Martha  V.  Dradley,  Katti  r,  orrioneer,  nKiiuq.f 
cester,  have,  uuriuK  this  season,  reported  at  bis  port  of  entry,  lie,  witli  tM|i'iul(lia,.l 
noss,  denies  that  be  has  warned  any  United  States  lishinx  vessels  to  kee|Kiiitsiii,.|)|J 
line  drawn  from  Caj  >  North  to  East  Point,  alluded  to  by  Mr.  Secretary  lljijariul 
that  they  ^vould  not  be  perioitted  to  enter  Hay  des  Chaleiirs.  '  I 

Tbo  minister  bas  every  reason  to  believe  the  statements  made  by  the  Hiibtoliccloil 
at  Canso,  and,  taking  into  consideration  all  the  circumstances  of  the  ciho,  iHdrtbl 
opinion  that  the  information  which  has  rea&bed  the  Secretary  of  State  does  iKitrrii;! 
npon  a  trustworthy  basis.  | 

With  reference  to  tlio  concluding  portion  of  Mr.  Bai»'ard's  note,  Uw  niiniHier  olj 
serves  that  tbo  occasion  of  tbo  present  dispatch,  which  bas  to  deal  niuiniy  wiiJ 
(luestions  of  fact,  does  not  render  it  necessary  for  iiim  to  enter  npon  any  I(mi;{|Lcdiii| 
(liscnssion  of  the  qin>stion  of  headland  limits. 


No.  43. 

Sir  L.  Went  to  Mr.  Bayard, 

WASHr-'iTON,  Octoher  12, 188G.    [lieceived  October  13.) 
Sib  :  With  refer        to  your  notes  of  tJie  10th  of  July  la.st  protesting 
against  the  action «  Canadian  authoritie.s  with  regard  to  tho  United| 

States  vessel  Novelty,  and  tho  action  of  tho  Canadian  cruiser  Middle' 
ton,  in  preventing  United  States  boats  from,  visiting  St.  Andrews, Xew| 
Brunswick,  for  the  purpose  of  there  purcliasing  herring  for  canuinj,! 
have  the  honor  to  inclose  to  you  herewith  by  instruction  from  the  Earl 
of  Iddesleigh  a  copy  of  a  certified  report  of  tho  Canadian  privy  councilj 
dealing  with  both  questions. 
I  h.ave,  &c., 

L.  S.  SACKVILLB  WEST. 


U,fci, 


[IncloBOTo  "So,  1,] 

Certified  copy  of  a  report  of  a  committee  of  the  honoralle,  the  privi/  council  for  Cwdi^ 
approved  by  his  cxcellenc^y  the  adminiatraior  oj  the  Government  on  the  20/A  Juguit, """ 

Tho  committee  of  the  privy  council  have  had  under  consideration  the  disiiatcl 
dated  29th  July  last,  from  Her  Majesty's  secret^.ry  of  state  for  the  colonies,  ncl» 
ing  two  notes  from  Mr.  Secretary  Bayard  to  tho  British  minister  at  Wasliingtua,  aw 
asking  that  Her  Majesty's  Government  be  furnished  with  a  report  upon  the  cm 
therein  referred  to.  . 

The  committee  respectfully  submit  the  annexed  report  from  the  minister  of  mariw 
and  fisheries,  to  whom  the  said  dispatch  and  its  inclosures  were  submitted,  ami  then 
advise  that  your  excellency  be  moved  to  transmit  a  copy  thereof,  if  approved,  to  Her 
Majesty's  principal  sei-rotary  of  state  for  the  colonies. 

JOHN  J.  McGEE, 
Clerk,  Privy  Cmincil  for  Cantk  i 


ft...:. 


KIOHTS   OV   AMKKICAN    FISHERMEN. 


333 


|Iiiclu«ure  No.  I.] 

Dkpabtmknt  oit  Fishkhikb, 

Ottawa,  Auguat  14,  1880. 

||ioiiiiilt'i>i;;«i'(l  liiiH  Mio  lioiior  to  Hiibiuit  tho  fullowiii(;  in  aimwcr  to  a  diHpntch 

tfroiii  I'Oi'l  (ii'iiiivilld  to  tliii  Kovcivii)r-K**ii(-rul  iiiuler  date  2<Jth  July  liutt  ii  cloHing  two 

liioli'H I'riini  Mr.  Srcrotiuy  Itayunl  to  tho  liritioh  niiniHtor  ut  WaHhiugton,  and  UHkiug 

[that  llir  Miiji'Hty'H  UovDinincut  bts  furiiiHlied  with  a  report  upon  tho  casoH therein  re- 

IfiTri'il  to. 
In  l)i»  lii'«*  coinimuiicatioii,  dated  July  10,  Mr.  Jiayard  wwh  : 

"IhiivH  tli<'  lioMor  to  inform  yoii  that  I  am  in  ri^ceipt  of  u  report  from  tho  couhuI- 
Ipmnil  of  tlin  lliiitt-d  HtatcH  at  Halifax,  accompanied  by  Hworn  tohtiuiony  stating  that 
Itlie  Novelty,  a  (liiiy-r('jL;iHt(ircd  merchant  Hteam  vessel  of  tho  United  States,  has  been 
IdaiL'il  tiio  rij;bt  to  take  in  steam  coal,  or  purchase  ice,  or  trans-ship  iish  in  bond  to  tho 
llnitod  Slates,  at  Pictou,  Nova  Scsotia, 

"Itii|ipfiir»tliat  haviuf;  reached  that  jiort  on  tho  1st  instant,  and  finding  tho  cus- 
Jtoni.s  office  dost'd  on  account  of  a  holiday,  tho  master  of  the  Novelty  telegraphed  to  the 
iDiini.Hter  of  niariiie  and  fisheries  at  Ottawa,  asking  if  he  would  lio  permitted  to  do 
Ijiiviil'tho  tbreo  things  menti<Micd  above.  That  he  received  in  reply  a  telegram  re- 
Ititiiij,',  with  ccrtiiin  inaccurate  and  extended  application,  the  language  of  Article  I  of 
Itbe  treaty  of  1818,  tho  limitations  ujton  tho  significance  of  which  are  im])ending  dis- 
^imion  between  the  Government  of  tho  United  States  and  that  of  Her  Britaunio 
liijosty.  Tliat  on  en  tering  and  clearing  the  Novelty  on  the  folio  wing  day  at  the  custom- 
1inii,st',tlio  collector  stated  that  his  instructions  wero  contained  iu  the  telegram  tho 
[rijstiT  Imd  received,  and  that  the  pr;-llego  of  coaling  being  denied,  the  Novelty 
((imiielled  to  leave  I'ictou  without  being  allowed  to  obtain  fuel  necessary  for  her 
{l,  villi  voyage  on  a  dangerous  coast. 

■A;:ain8t  this  treatment  I  make  instaut  and  formal  protest  as  an  unwarranted  in- 
[ttr|iritiition  and  application  of  tho  treaty  by  the  officers  of  tho  Dominion  of  Canada 
laiiil  tlie  Province  of  Nova  Scotia,  as  an  infraction  of  the  the  laws  of  commei^cial  and 
luiariliino  intercourse  existing  between  tho  two  countries,  and  as  a  violation  of  hospi- 
ItiiLtv,  ami  for  any  loss  or  injury  resulting  therefrom  the  Government  of  Her  Itritan- 
Jiiic  Miijc  ty  would  bo  held  liable." 

With  ..;feron>  to  this  the  undersigned  hegs  to  observe  that  Mr.  Bayard's  state- 
luK'iit  iippearH  t    need  modification  iu  several  important  particulars. 

Ill  the  first  ilace,  tho  Novelty  was  not  a  vessel  regularly  trading  hetweon  certain 

hmrtsin  the  United. States  ami  C-'-nada,  but  was  a  fishing  vessel  whose  purpose  was 

Rdiairy  on  the  uuickerol-seining  business  in  the  waters  of  the  Gulf  of  St.  Lawrence, 

^rmiiul  tho  coasts  of  Prince  Edward  Island  and  Nova  Scotia  ;  that  she  had  on  board  a 

li'ijiiipinuiit  of  seines  and  fishing  apparatus  and  men;   that  she  was  a  steam  vessel 

liiiedeilcoal,  not  for  the  ptirposes  of  cooking  or  warming,  but  to  produce  motive 

bowiT  for  the  vessel,  and  that  she  wished  to  pursue  her  business  of  fishing  in  the 

^liovciiaiue'l  waters  and  to  send  her  fares  homo  over  Canadian  territory,  to  tho  end 

lint  she  iiiijjht  the  more  uninterruptedly  and  profitably  carry  on  her  business  of 

;.   That  she  was  a  fishing  vessel  and  not  a  merchant  vessel  was  proved  not 

fciily  liy  the  facts  above  mentioned,  but  also  from  a  telegram  over  the  signature  of  H. 

pi.  .loyce,  the  captain  of  tho  vessel,  a  coiiv  of  which  is  appended.    In  his  telegram 

l;i|ii;iin  Joyce  indicates  the  character  of  his  vessel  by  using  the  words  "  American 

>irMi;' si  earner,"  and  he  signs  himself  "II.  B.  Joyce,  master  fishing  steamer  Novelty." 

Tliire  seeiiis  no  doubt,  therefore,  that  tho  Novelty  was  in  character  and  in  purpose 

I  llshliij;  vessel,  and  as  such  comes  under  the  provisions  of  the  treaty  of  1818,  wnich 

lliiws  i'liited  States  fishing  vessels  to  enter  Canadian  ports  "  for  tho  purpose  of 

liieltcT  and  reiiuiring  dauiaj;es  therein,  and  of  purchasing  wood  and  of  obtaining 

t.ittr,  and  for  no  other  purpose  whatever." 

Thoohject  of  the  captain  was  to  obtain  supplies  for  the  prosecution  of  his  fishing 
Imltotians-shi])  his  cargoes  of  fish  at  a  Canadian  port,  both  of  which  are  contrary  to 
|li('  Ititer  and  spirit  of  the  convention  of  1818. 

I  To  Mr.  Bayard's  statement  that,  in  reply  to  Captain  Joyce's  inquiry  of  the  minister 
Ifniaiiiieand  tishcries,  "he  received  iu  reply  a  telegram  reciting,  with  certain  inaccn- 
ptt  anil  extended  application,  tho  language  of  Article  I  of  tho  treaty  of  1818,"  the 
pdirsigued  considers  it  a  suihcieut  answer  to  adduce  tho  telegrams  themselves. 

1. — Inquiry  by  the  captain  of  the  Novelty. 

,„    „  "Pictou,  N.  S.,  July  1, 1886. 

[Hon.  GKonoK  E.  Fosteu, 

'' Minister  of  Marine  and  Fiaheriea,  Ottawa: 
rWill  the  American  fishing  steamer  now  at  Pictou  be  permitted  to  xinrchaso  coal  or 
feot to  liaus-ship  fresh  fish  iu  bond  to  United  States  markets ! 
[  i^leaso  answer. 

"  H.  B.  JOYCE, 
"  Master  of  FUhing  Steamer  Novelty." 


334 


RIGHTS    OF    AMEUIOAN    FISHEKMEN. 


mm- 


2. — Reply  of  the  MinlnUr  of  Marine  and  Fwheriea  thereto, 

"  Ottawa,  July  1,  isec, 

"To  II.  n.  JOYCK, 

"Manter  Antericnn  Fishing  Steamer  Xovcllij,  Picloti,  X.  S. : 
"  Hy  toruis  of  treaty,  1818,  United  Status  fishiiifj  vossolsaro  permitted  to  enter  Cant  I 
diaii  ports  for  shelter,  repairs,  wood,  aud  water,  and  for  no  other  purpose  whakvet, 
That  treaty  is  now  in  force.  '  I 

"  GEORGE  E.  FOSTER, 
"MiniHtti'  of  Marine  and  FiHhma.'' 

The  undersigned  Jails  to  obsorvo  wherein  any  "inaccurate  or  extended  aiipljcation' 
of  the  hinnuajLTC  of  the  treaty  can  be  found  in  the  above  answer,  masnuicji  asitcoi. 
sists  of  a  defacio  citation  from  the  treaty  itself,  witii  the  added  statement,  for  the  in. 
foruiatiiin  of  the  ca[)taiii,  that  b.iid  treaty  was  at  that  timo  in  force. 

As  to  the  "unwarranted  interpretation  and  application  of  the  treaty,"  of  v-|iich 
Mr.  Bayard  H])eaks,  the  undcrHigned  has  already  discussed  that  phase  of  tho  ((iiestw  i 
in  his  memorandum  of  June  14,  which  was  .adopted  by  council  aud  has  boon  forwards 
to  Her  Majesty's  G',;verunient. 

Mr.  Bayard's  second  note  is  as  follows: 

"On  the  2nd  of  June  last  I  had  the  honor  to  inform  you  that  dispatches  from  East- 
port,  in  Maine,  had  boon  received  roi)orting  threats  by  the  customs  offlci.il.s  of  tbe 
Dominion  to  seize  American  1)oats  coming  into  those  waters  to  i)urchase  herring  from  I 
the  Canadian  weirs  for  the  purpose  of  canning  the  same  as  sardines,  which  wonldb« 
a  manifest  infraction  of  the  right  of  purchase  and  sale  of  herring  ciught  and  soldbj  | 
Canadians  in  their  own  waters  in  the  pursuance  of  legitimate  trade. 

"'!'.)  this  note  I  Jiave  not  had  the  honor  of  a  reply. 

"'i'o-day  Mr.  C.  A.  Boutelle,  M.  C,  from  Maine,  informs  me  that  American  boats  | 
visiting  St.  Andrews,  N.  B.,  for  the  purj)ose  of  there  purchasing  herring  from  the  [ 
Canadian  woira  for  canning  had  been  driven  away  bv  the  Dominiou  crniiierMid 
dlet')n. 

"Such  inhibition  of  usual  and  legitimate  commercial  contracts  aud  intercourse  is  I 
assuredly  A'-Jthout  warrant  of  law,  and  I  draw  your  attention  to  it  in  order  that  tlie 
comnuTcial  rights  of  the  citizens  of  the  United  States  may  not  bo  thus  iuraded  and  ] 
subjected  to  unfriendly  discriniinatiou." 

With  reference  to  the  above,  the  undersigned  observes  that  so  far  as  his  infornij-  ] 
tion  goes  no  collector  of  customs  or  ciiptaiiis  of  cruisers  have  threatened  to"3ei» 
American  bo.ats  coming  into  Canadian  wiiters  to  ])urcha8e  herring  from  Canadian  j 
weirs  for  the  purpose  of  canning  tlnsm  as  sardines." 

Colhsctors  of  customs  have,  however,  in   pursuance  of  their  duties  under  the  cus- 
toms law  of  Canada,  compelled  AmcM'ican  vessels  coming  to  purchase  herring  totuttr  j 
and  clear  iri  conformity  to  customs  law. 

With  reference  to  the  action  of  the  Dominion  cruiser  Middletou,  the  undeisijjiiHl  i 
cannot  do  better  than  <(iu>to  from  the  olficial  report  of  the  captain  of  that  vessel  as  | 
to  the  facts  of  the  case  n^ferred  to. 

In  liis  report  of  date  9th  July,  1886,  Captain  McLean,  of  the  General  Middlelon, 
says : 

"At  9  a.  m.  made  sail  and  drifted  with  the  tide  towards  tln^  bay.     Seeing  a  hirjo  I 
number  of  boats  of  various  sizes  hovering  around  the  (isbiiig  >veirs,  I  ordered  tlie  j 
boat  in  waiting  a'ld  sent  Ollieer  Kent  in  charge,  giving  him  instriictious  to  row  down 
among  the  boats  and  see  if  there  were  any  Americans  purchasing  lish.   On  tlioretura  j 
of  the  boat  Chief  Ollieer  Kent  reported  the  boats  mentioned  were  Americans,  there  j 
for  the  jmrposo  of  getting  herring.     I  immediately  direcsted  the  chief  olliccr to «■ 
turn  and  order  the  American  boats  to  at  once*  report  themselves  to  the  collector  of  tiic  j 
port  and  ;,et  permits  to  load  lish  or  leave  without  further  delay.     Oiui  of  llic  Iwal- 
n\en  coin])li(!d  with  the  reiptest,   aiul  obtained   a  ]ierniit  to  loiid  iish  for  Kasiport. 
The  others  were  very  niiicli  disturbed  on  receiving  the  above  instructions,  and  sailed  j 
awiiy  t-owanl  the  American  side  of  tlio  river  and  conmu'uced  blowing  tlu'ir  fog-horn»,  i 
showing  their  contempt.     Othei  boats,  at  a  greater  distance,  seeding  otn-  boat  aiiproath- 
ing,  did  not  waitlujr  arrival,  but  up  sail  and  left  for  the  Americtan  shore.'' 

The  .above  extract  from  the  report  of  the  chief  ollioer  of  the  Geiieral  Middleton,  goes 
to  show  that  it  was  not  his  obje(;t  to  previnit  Aimnican  boats  from  trading  in  sardines, 
but  rather  to  i)reveut  tht^iu  from  tra«ling  without  having  first  conformed  to  the  customs 
law  of  Canada. 

The  whole  respectfully  submitted. 

GEORGE  E.  FOSTEK, 
Mmister  of  Marine  and  Fisherlt»- 


RIGHTS   OF   AMERICAN   FISHERMEN.  335 

No.  44. 

Mr.  Bayard  to  iSir  L.  West. 

Department  of  State, 
Washirtoton,  Octoher  19, 1886. 

Sie:  Tlio  Everett  Steele,  a  fisliing  vessei  of  Gloucester,  Mass.,  iu  the 

(rnited  States,  of  which  Charles  ]<1.  Forbes,  an  American  citizen,  was 

jniastiT,  was  about  to  t  liter,  on  the  10th  of  Septi    iber,  1886,  tlio  harbor 

lot  Shclburne,  Nova  Scotia,  to  procure  water  and  for  shelter  during  re- 

Ipairs.    She  was  hailed,  when  entering  the  harbor,  by  the  Canadian 

[ciittor  Terror,  by  whose  captain,  Quigley,  lier  papers  were  taken  and 

Irefaiiieil.    Caj)tain  Forbes,  on  arriving  off  the  town,  anchored  and  went 

IwitliCaittaMi  Quigley  to  the  custom-house,  who  asked  him  whether  ho 

[reportod  whenever  ho  had  come  in.    Captain  Forbes  answered  that  he 

hiul  reported  always,  with  the  evception  of  a  visit  on  the  25th  of  March, 

Jwlieii  lie  was  driven  into  the  lower  harbor  for  shelter  by  a  storm  and 

vliere  ho  remained  only  eight  hours.    The  collector  did  not  consider 

Itliat  this  made  the  vessel  liable,  but  Captain  Quigley  refused  to  dis- 

|charge  her;  said  he  would  keep  her  until  he  heard  from  Ottawa,  put 

btriii  charge  of  policemen,  and  detained  her  until  the  next  day,  when 

8tnoou  she  was  discharged  by  the  collector ;  but  a  calm  having  come 

on  she  could  not  get  to  sea,  and  by  the  delay  her  bait  was  spoiled  and 

|ihe  expected  profits  of  her  trip  lost. 

It  is  scarcely  necessary  for  me  to  remind  you,  in  presenting  this  case 
jtotlie  consideration  of  your  government,  that  when  the  northeastern 
oast  of  America  was  wrested  from  France  in  a  large  measure  by  the 
raloraiid  enterprise  of  New  England  flshermen,  they  enjoyed,  in  con)- 
BOii  with  other  British  subjects,  the  control  of -the  fisheries  with  which 
[that  coast  was  enriched,  and  that  by  the  treaty  of  peace  of  178.'},  which, 
as  was  said  by  au  eminent  English  judge  when  treating  an  analogous 
question,  was  a  treaty  of  "  separjition,"  this  right  was  expressly  af- 
firmed. 

It  is  true  that  by  the  treaty  of  1818,  the  United  States  renounced  a 
|)ortion  of  its  rights  in  these  fisheries,  retaining,  however,  the  old  ])re- 
pgatives  of  visiting  the  bays  and  harbors  of  the  British  northeastern 
possessions  for  the  purpose  of  obtaining  wood,  water,  and  shelter,  and 
for  objects  incidental  to  those  other  rights  of  territoriality  so  retained 
Biid  eoidiriiicd.  What  is  the  nature  of  these  incidental  ]>rerogatives,  it 
|snot,  iu  considering  this  case,  necessary  to  discuss.  It  is  enough  to 
lay  that  Captain  Forbes  entered  the  harbor  of  Shclburne  to  obtain  shel- 
pr  and  water,  and  that  he  had  as  much  right  to  be  there  under  the 
paty  of  1SI8,  confirming  in  this  respect  the  ancient  privileges  of  Ameri- 
pijlshennen  on  those  coasts,  as  he  would  have  had  on  tlie  high  seas, 
pryiiig  on,  under  shelter  of  the  flag  of  the  United  States,  legitimate 
piiiiiierce.  The  Government  which  you  so  honorably  represent  has, 
pitii  its  Msual  candor  and  magnanimity,  conceded  that  when  a  merchant 
pssel  of  the  United  States  is  stopped  in  time  of  peace  by  a  British 
piser  on  the  groundless  suspicion  of  being  a  slave  trader,  damages 
|re  to  be  paid  to  this  Government  not  merely  to  redress  the  injury  suf- 
pred,  but  as  an  apology  for  tiie  insult  offered  to  the  flag  of  the  United 
T'ates.  P,ut  the  case  now  presented  to  you  is  a  much  stronger  one  than 
iiatof  a  seizure  on  the  high  seas  of  a  ship  unjustly  suspected  of  being 
'slayer.    When  a  vessel  is  seized  ou  the  high  seas  on  such  a  suspicion, 

'seizure  is  not  on  waters  where  it«J  rights,  based  on  prior  and  con- 


33G 


RIGll'lJJ    OF    AMEUICAN    PISIIEKMEN. 


^--1 

lilt:  .  5 

tinuous  owuersliip,  arc  guaranteed  by  tliesovereijiii  iiiakin{>;  the  seizure 
If  in  such  case  the  property  of  the  owners  is  injured,  it  it,,  liowcverj 
wrongful  the  act,  a  case  of  rare  occurrence,  ou  seas  comparatively  m. 
frequented,  with  consequences  not  very  far  reaching;  and  if  a  blow  is 
struck  at  a  system  of  which  sucli  vessel  is  unjustly  supposed  to  be  a  i 
part,  such  system  is  one  which  the  civilized  world  execrates.    Butseiz. 
ures  of  the  character  of  that  which  I  now  pi-esent  to  you  have  no  such 
features.    They  are  made  in  waters  not  only  conquered  and  owned  bv ! 
American  iisherinen,  but  for  the  \ery  purpose  for  which  they  Averebc- 
ing  used  by  Captain  Forbes,  guaranteed  to  them  by  two  successive ! 
treaties  between  the  United  States  aud  Great  Britain. 

These  flshermen  also,  I  may  be  permitted  to  remind  you,  were  en- 
gaged in  no  nefarious  trade.    They  i)ursue  one  of  the  most  useful  and  I 
meritorious  of  industries.     They  gather  from  the  seas,  without  detri- 
ment to  others,  a  food  which  is  nutritious  and  cheap,  for  the  use  of  an 
immense  population.    They  belong  to  a  stock  of  men  which  contributed 
before  the  Eevolution  most  essentially  to  British  victories  on  the  Xortii- 1 
eastern  Atlantic,  and  it  may  not  bo  out  of  place  to  say  they  have  shown 
since  that  Kevolution,  when  serving  in  the  Navy  of  the  United  States,  I 
that  they  have  lost  none  of  their  ancient  valor,  hardihood,  and  devotion  j 
to  their  flag. 

The  indemnity  which  the  United  States  has  claimed,  and  which  Great  i 
Britain  has  conceded,  for  the  visitation  and  search  of  isolated  mer- 
chantmen seized  on  remote  African  seas  on  unfounded  suspicion  of  being 
slavers,  it  cannot  do  otherwise  now  than  clt.ini,  with  a  gravity  which 
the  imi)ortance  of  the  issue  demands,  for  its  flshermen  seized  on  waters 
in  which  they  have  as  much  right  to  traverse  for  shelter  as  have  the 
vessels  by  which  they  are  molested.  This  shelter,  it  is  important  to 
observe,  they  will  as  a  class  be  debarred  from  if  annoyances  such  as  ij 
now  submit  to  j'ou  are  permitted  to  be  inflicted  on  them  by  minor  offi- 
cials of  the  British  Provinces. 

Fishermen,  as  you  are  aware,  have  been  considered,  from  the  useful 
ness  of  their  occupation,  from  their  simplicitv,  from  the  perils  to  which 
they  are  exposed,  and  from  the  small  quantity  of  provisions  and  pro 
tective  implements  they  are  able  to  carry  with  them,  the  wards  of  civil- 
ized nations;  and  it  is  one  of  the  peculiar  glories  of  Great  Britain  that  i 
she  has  taken  the  ])osition — a  position  now  generally  acce[»tod— that 
even  in  time  of  war  they  are  not  to  be  the  subjects  of  capture  by  hostile  | 
cruisers.     Yet,  in  defiance  of  this  immunity  thus  generously  awaixh 
by  humanity  and  the  laws  of  nations,  the  very  shelter  whu;h  they  own  I 
in  these  seas,  and  which  is  ratified  to  them  by  two  successive  treatiei*, 
is  to  be  denied  to  them,  not,  I  am  confident,  by  the  act  of  the  wise, 
humane,  and  niagnAnimons  Government  you  represent,  but  by  deimtifi 
of  deputies  permitted  to  pursue,  not  u-iinfluenced  by  local  rivalry,  these 
methods  of  annoyance  in  fishing  waters  which  our  fisheruu'u  liaveiw 
much  right  to  visit  on  lawful  errands  as  those  otticials  have  thcnisdves. 
For  let  it  be  renuMnbered  that  by  annoyances  and  expulsions  sii('hiis| 
these  the  door  of  shelter  is  shut  to  American  fishermen  as  a  cla.ss. 

If  a  single  refusal  of  that  shelter,  such  as  the  present,  is  sustaim 
it  is  a  refusal  of  shelter  to  all  fishermen  pursuing  their  tasks  on  those  j 
inhospitable  coasts.    Fishermen  have  not  fundsenough  noroutlitenoujjli, 
nor,  1  may  add,  recklessness  enough  to  jnit  ihto  harbors  where,  poiicctl 
as  is  their  title,  they  meet  with  such  treatment  as  that  suttered  byCaj)- 
tain  Forbes. 

To  sanction  such  treatment,  therefore,  is  to  sanction  the  refnsalto 
the  United  States  fishermen  as(  ^>  body  of  that  shelter  to.  which  tbej  are 


RIGHTS    OF   AMERICAN    FISHERMEN. 


337 


iciilitletl  by  anciont  right,  by  the  hiw  of  nations,  iind  by'  solemn  treaty. 
hOris  this  all.  That  treaty  is  a  part  of  a  system  of  mutual  coiicessions. 
1  \s\viKS  stated  by  a  most  eminent  English  jndge  in  the  case  of  Sutton 
r,  Sutton  (1  IMyi.  &  li-,  075),  whi^di  1  have  already  noticed,  it  was  the 
{liiiiicii>le  of  tlie  treaty  of  ])eace,  and  of  the  treaties  which  followed  be- 
[twieii  Great  JJrilain  and  the  United  States,  that  the  "subjects  of  the 
I  two  parts  of  the  divided  Empire  should,  notwithstanding  the  separation, 
\])i'  jirotectod  in  the  mutual  enjoyment"  of  the  right?  those  treaties  af- 
iliniied.  If,  as  I  cannot  permit  myself  to  believe,  Great  Britain  shoulil 
[refuse  to  citizens  of  the  United  States  the  enjoyment  of  the  plainest 

1  uiost  undeniable  of  these  rights,  the  consequences  would  be  so 
Jgerious  tliat  they  canuotbe  contemplated  by  this  Government  but  with 

!  gravest  concern. 
I  have,  &c., 

T.  F.  BATAEB. 


No.  45. 

Mr.  Bayard  to  Sir  L.  West. 

Department  of  State, 

Washington,  October  20, 1886. 
Sib:  Permit  me  to  ask  you  to  draw  the  attention  of  your  Govern- 
ritiit  to  the  case  set  forth  in  the  inclosed  aflQdavit  of  Murdock  Kemi), 
lastor  of  the  American  fishing  vessel  Pearl  Nelson,  of  Provincetown, 
Mass.,  wliicli  lias  been  subjected  to  treatment,  by  the  customs  officials 
Aiicliat,  Nova  Scotia,  inconsistent  with  the  international  law  of  ordi- 
nary amity  and  hospitality,  and  also  i)lainly  violative  of  treaty  rights 
iiiuk'rtlie  convention  of  1818  between  Great  Britain  and  the  United 
liiates. 

The  vessel  in  question  was  compelled  by  stress  of  weather  to  seek 
^lielter  iu  the  harbor  of  Arichat,  Nova  Scotia,  and  arrived  late  at  night, 
nlien  the  ci.stom-house  was  closed. 

liefoie  tlie  custom-house  was  oi)ened  the  next  day  tho  captain  went 
t\w\\\  and  after  waitiii     over  an  hour  the  collector  arrived,  and  the 
lisiial  inward  report  was  made  and  permission  asked  to  laud  the  clothing 
f  a  sailor  lost  overboard,  whose  family  resided  in  that  vicinity. 
lie  was  then  informed  tluit  his  vessel  was  seized  for  allowing  his  crew 
|[«  iro  ashore  the  night  before  before  reporting  at  the  custom-house. 
The  cruel  irony  of  this  was  api)arent  when  i       collector  knew  such 
it  was  impossible,  and  that  the  landing  of  the  crew  was  usual  and 
^tistoniary,  and  that  no  charge  of  smuggling  had  been  suggested  or  was 
ossibie  under  the  circumstances. 
Tu compel  the  payment  of  a  fine,  or  "  a  deposit"  of  $1200,  which  is 
[raclically  the  same  in  its  results,  was  harsh  and  unwarranted,  and  was 
Mill;;  a  juieo  and  a  penalty  to  the  privilege  of  shelter  guaranteed  to 
Miioricau  fishermen  by  treaty. 

Tliis  vessel  was  a  fishing  vessel,  and,  (vlthough  seeking  to  exercise  no 
«iuinercial  privileges,  was  compelled  to  pay  commercial  fe68,  such  as 
iroaiti)licable  to  trading  vessels,  but  at  the  same  time  was  not  allowed 
'niniiicrcial  jiriviloges. 

beg  you  will  lose  no  time  in  representing  tho  wrong  iufllicted  upon 
liiuiuttlending  citizen  of  tho  United  States,  and  procure  the  adoption  of 
m\  order;,  as  will  restore  the  wouey  so  compelled  to  be  depositeil. 
I      lim,  sir,  &c., 

-    .  T.  F.  BAYARD. 

S.  Ex.  113 23 


338 


RIGHTS    OF   AMERICAN    FISHERMEN. 


[Tudosurc] 
Schooner  I'earl  Nelson. 


Hint 


Unitkd  States  of  Amkuica, 

JJintrict  of  Mamachusctts : 

I,  Mnrdock  Kemp,  of  Provincetown,  in  MasRacliiiHotts,  a  citizen  of  tlio  United  f.., 
on  my  oath  do  say  that  I  was  uianter  and  part  owner  of  tlie  Bchooner  rearl  Neiiw  1 

a  vcssid  of  the  United  States  duly  licensed  ,  IBr'li,  for  the  fisherieH,  and  holdiuij 

a  permit  to  touch  and  trade  durlnjj  the  existence  of  said  license.  I 

I  further  say  that  the  crew  of  said  vchrcI  were  shipiicd  on  wages  at  Provincotoirii  I 
and  Boston  for  a  fishing  voyage  to  the  Grand  JJaiiks  and  return  to  Provincetown  for  I 
discharge.  Said  schooner,  with  liceuHO  and  i)ermit  as  aforesaid,  sailed  May  Sit),  18*  I 
from  Provincetown,  and  on  her  passage  home  touched  at  Aricliat,  Cape  Urcton,  driven 
ill  there  by  stress  of  weather.  Sailed  by  the  wind  from  IJank  Qucro,  and  lilowint 
fresh,  a  heavy  sea  running,  and  foggy,  made  Point  ilicluiux,  !)  miles  from  AricLat,  I 
The  vessel  was  deep;  her  dorys  floated  on  deck  in  her  le<5  waist,  wind  being almnil 
west.  I  concluded  to  make  a  harbor  ami  wait  for  better  weather  and  wind,  hn- 
clu)red  the  vt^ssel  in  Arichat  Harbor  at  11  p.  m  ,  September?,  Iri8ti.  I  had  IdstaniaBl 
on  the  Grand  Banks,  named  James  Sampson,  who  l)clonged  to  Arichat,  and  I  Aviintdl 
to  land  his  effects  if  the  customs  ofliccrs  would  allow  me  to.  Some  of  my  crew !)«.  I 
h>ngcd  in  that  neighborhood.  William  Babins,  my  cook,  and  nine  others  ofthecrei  I 
took  boats  off  the  deck  and  went  ashiu'o  without  asking  my  ])ermissioii.  I  Hii\vtiiein,| 
but  had  nev(!r  known  there  was  any  objection.  I  had  been  in  this  and  other  Kritish I 
North  American  ports  frequently  and  witnessed  the  lamling  from  my  own  anddihftl 
vessels' crews,  but  never  before  heard  such  Ian  !ig  was  ilh'g.'il  or  improjier.  Tiies*! 
men  took  nothing  from  ihe  vessel  with  tliem,  nor  carried  away  anything  but  the  I 
clothes  they  wore. 

From  the  time  I  left  Provincetown  I  had  been  into  no  port  anywhere.  Nextmornj 
iug  after  my  arrival  in  Arichat,  at  H^  o'clock,  1  went  ashore  to  enter  at  theciwtOTJ 
lionse,  and  found  it  closed.  I  called  at  i)  o'clock  and  it  was  not  optsn.  I  weutagaini 
at  10  o'clock  a  mI  found  the  collector  opening  the  oflice  door.  I  made  the  regjiarin-j 
ward  report  to  him  and  requested  permission  to  land  the  clothes  of  .James  Sauipiidiiil 
who  had  been  lost  froin  my  vessel  on  the  Grand  Banks.  He  told  me  he  liadheiit»| 
man  for  me.  AftiT  I  got  there  this  nnin  came  in.  The  officer  was  holding  niypapcnf 
and  told  the  man  to  go  back  and  take  charge  of  the  vessel.  I  asked  him  why  bet 
illy  papers ;  In)  replied  he  seized  her  because  I  had  allowed  my  men  to  go  asliore  beforel 
reporting  at  the  custom-house;  that  all  he  would  tell  me  was  he  said  ho  woidiltdfl 
graph  to  Ottawa  and  iind  out  what  to  do  with  me  ;  a'ld  he  did  telegraph  iHinieiliatflj.j 
About  5  o'clock  p.  m.  the  collector  received  an  answer,  and  told  mi^  todeiKicitj 
and  the  vessel  would  be  released.  The  collector  wonhl  not  allow  nus  to  land  thisdeadl 
man's  clothes  nutil  after  I  had  paid  the  $200  fine.  T  gave  the  clothes  tothesbopJ 
keeper  to  give  to  Sampson's  widow  or  friends.  1  came  out  of  Arichat  iihont  11  a.iii.| 
on  the  8tn  of  September,  188(5,  having  bought  there  one  bushel  of  potatoes  with  tli«| 
collector's  permission,  ami  arrived  at  Provincetown  Sejttember  14, 188(i.  1  sailed  freml 
Arichat  with  all  my  crow  on  board,  and  bad  not  at  any  tinu^  intended  to  leave  anyo 
my  crew  at  that  port.  They  were  hired  men,  shipixMt  to  be  discharged  on  rctnriial| 
Provincetown,  and  on  our  arrival  there  were  all  paid  off  ami  discharged. 

Some  of  the  crew  that  went  ashore  at  Arichat  returned  aboard  nsearly  as 7 iiTlockl 
and  all  were  aboard  about  the  time  the  vessel  was  seized.  I  g.'ive  them  no  iiiowyl 
thci'e  and  had  none  myself.  I  further  say  1  did  not  <Miter  Arichat  with  iniy  iiiteiitiosi 
of  violating  any  law  of  the  Dominion  of  Canadn,  nor  for  any  biisinesN,  bnt  w)l('lyi»-l 
cause  of  the  stress  of  weather  that  had  drivcMi  me  there.  It  was  mere  kindnessonljl 
that  prompted  me  to  olfcr  to  land  Sami)son's  clothes  there  where  Ids  IriendM  ('oulilgfli 
them.  There  was  no  profit  to  the  vessel,  crew,  or  myself  expected  in  so  ddini;,  oral-I 
tempted  to  be  g.ained  in  eutoiing  the  port  of  Archat  other  than  shelter  frotu  tboBtresj 
of  weather  wo  had  been  under  from  Quero  B.iuk.  If  any  revenue  law  of  Canada  will 
violated  by  my  vessel  or  by  myself,  the  same  was  done  through  ignorance  and  iiJiiii-| 
verteuce  and  not  with  any  intention  to  defraud  the  revenue  or  offenil  the  laws. 

MUKUOCK  KEJir. 


Personally  appeared  before  me  Mnrdock  Kemp,  at  Provincetown,  State  of  M.waachaj 
setts,  U.  S.  A.,  this  27th  day  of  September,  188G,  who  subscribed  and  made  oath  to ; 
foregoing. 

[SEAL.]  JAMPS  GIFFORD, 

Notary  I'lim' 


?'«#?!  IK 


EIGHTS   OF   AMERICAN   FISHERMEN. 
No.  40. 


339 


Sir  L.  West  to  Mr.  Bayard. 

Washington,  October  21, 1880.  [Received  October  22.] 
Sir:  Iliavo  the  honor  to  acknowledge  the  receipt  of  your  notes  of 
aiel'Jth  ami  20th  instant,  ret^uesting  mo  to  draw  tlio  attention  of  Her 
lliiiesty's  Government  to  the  proceedings  of  the  Canadian  authorities 
Ml  the  cases  of  the  United  States  fishing  vessels  Everett  Steele  and 
Mrl  Nelson,  and  to  inform  you  that  I  have  lose  no  time  in  comma- 
feting  copies  of  those  documents  to  the  Earl  of  Iddesleigh. 
I  have,  &c., 

L.  S.  SACKVILLE  WEST. 


No.  47. 


Mr.  Bayard  to  Sir  L,  West. 

Department  of  State, 

Washington,  October  27,  1880. 

SiE:  I  inclose  copies  of  two  letters  received  at  this  Department  from 
&eorge  Steele,  president  of  the  American  Fishery  Union  at  Gloucester, 
im. 

The  object  of  tliese  letters  is  to  obtain  authentic  information  of  the 
iliniuistration  of  Canadian  laws  regulating  the  sale  and  exportation  of 
n\\  herring  from  Grand  Manan  Island  and  its  vicinity,  a  trade  which, 
|ie  writer  avers,  has  been  carried  on  almost  exclusively  in  American 
vssels  for  many  years. 

liy  the  statements  of  the  letter  of  Mr.  Steele  dated  October  25,  it 
bears  that  although  the  vessels  employed  in  this  trade  are  duly  reg- 
pred  in  their  home  port  as  flsliing  vessels,  yet  that  so  far  as  the  pro- 
osed  trade  is  concerned,  they  are  not  manned  nor  equipped,  nor  in  any 
^ay  prepared  for  taking  flsh,  but  their  use  is  confined  to  the  carriage 

tisli  as  merchandise  to  ports  in  the  United  States,  a  commercial 
riuisactioii  jtur  et  simple. 

May  I  ask  the  favor  of  an  early  response  to  the  inquiries  propounded 

: Mr.  Steele? 
I  have,  &c., 

T.  F.  BAYAED. 


[InclusureR.  ] 


[Copy  of  letter  from  George  Steele,  Oetober  18,  1886. 
[t'opy  of  letter  from  (Jeorjje  Steele,  Oetober  25,  1886. 
|(For inclosiucH  see  Nos.  107  uud  109,  p.  — .) 


No.  48. 

Sir  L.  West  to  Mr.  Bayard. 

WASHiNftTON,  November  1,  1880.     [Received  November. 2] 
ISiR:  With  reference  to  your  note  of  the  9th  of  August  last,  respect- 
I?  the  treatment  of  the  United  States  fishing  boat  Rattler  by  th^ 


340 


RIGHTS   OP   AMERICAN   FISHERMEN. 


Canadian  autbuiitjes,  I  have  tlio  honor  to  inclose  to  you  herewith  iji 
obedience  to  the  instructions  of  the  Earl  of  Iddesleipfh,  copy  of  a  dig. 
patch  from  the  administrator  of  the  Government  of  Canada  together  i 
with  copy  of  the  report  of  the  collector  of  customs  at  Shelburne. 
1  have,  &c., 

L.  S.  SACKVILLE  WEST. 


[InclosureNo.  1.] 

Halifax,  Nova  Scotia,  Seplcmbcr  21, 1886, 
Sm:  I  have  the  honor  to  inclose  horewith  a  ccrllflod  copy  of  a  inimiio  of  my  privy  j 
council  embodying  a  report  of  the  minister  of  customs  iu  relation  to  tlui  alleged  inJ. ' 
Itroper  treatment  of  the  United  States  lisliing  schooner  Rattler  in  being  required  I 
to  report  to  the  collector  of  cnstouis  at  Shelburne,  Nova  Scotia,  when  seekiug  that 
harbor  for  shelter. 

The  reply  of  the  collector  to  the  inquiries  addressed  to  him  iu  respect  to  this  matter 
is  appended  to  the  minister's  report,  and  in  ii  the  facts  of  the  case  as  set  furtli  in  mv  j 
telegram  of  the  14th  instant,  are  given. 

I  have  communicated  your  dispatch  No.  11)5  of  the  1st  iiist.  forwarding  Mr.  Baviird's 
protest  concerning  this  case  to  my  ministers  and  rctfuested  to  be  fiiiiiislicdwjtlu 
report  thereon,  which  I  shall  forward  for  your  iulorniation  as  soon  as  it  has  beciiro- 1 
ceived. 

I  have,  &c., 

A.  G.  RUSSELL, 
'  General 


llnclosure  Ko.  2.] 

CuSTOM-HousE,  Shelhurne,  SeiHemler  C,  \m. 
Sir:  I  have  to  acknowledge  receipt  of  your  telegram  of  4th  instant,  relative tu  I 
schooner  Rattler,  and  I  wired  an  answer  this  morning,  as  requested  on  tlio  morniiji; 
of  the  4th  ultimo.    Chief  officer  of  Terror,  accompanied  by  Capt.  A.  F.  CiitiDiiij;- 1 
ham,  called  at  this  office.      Captain  Cunningham  reported  his  vessel  inwards  as  fol- 
lows, viz :   Schooner  Rattler  of  Gloucester,  93  tons  register ;   16  men  from  iisliin;; 
bank,  with  465  barrels  mackerel  came  iu  for  shelter.    I  was  afterwards  informed  by  [ 
the  ofiSccrs  of  cutter  that  they  found  the  schooner  the  evening  before  at  anchor  oif  j 
Sandy  Point,  5  miles  down  the  harbor,  two  men  from  cutter  were  put  on  board,  a 
the  master  required  to  report  at  customs  in  the  morning.    I  was  also  infoiaied  that  I 
the  master.  Captain  Cunningham,  made  an  attempt  to  put  to  sea  in  the  iiight,  by  I 
hoisting  sails,  weighing  anchor,  &,c.,  hut  was  stopped  by  officers  from  cutter. 


I  am,  &.C. 


The  Commissioner  of  Customs,  Ottawa. 


W.  W.  ATTWOOD,  ColMor. 


No.  49. 

Sir  L.  West  to  Mr.  Bayard. 

Washington,  November  9,  188G.    [Received  November  10.] 
Sm:  With  reference  to  your  note  of  the  IGth  of  July  lastprotestiu?! 
against  the  action  of  Captain  Kent  of  the  Canadian  cruisoi'  General  | 
Middleton  in  exp'elling  Stephen  R.  Balkam  from  the  harbor  of  St.  An- 
drews, New  Brunswick,  I  have  the  honor  to  communicate  to  you  here- 
with, in  accordance  with  the  insJ^ructions  of  the  Earl  of  Iddesleigb,att 
in  reply  to  your  above-mentioned  note,  copy  of  a  certified  report  of  tl 
privy  council  for  Canada  upon  the  subject. 
I  Layc,  ^c. 

'  L.  S.  SACKVILI^E  WEST, 


niGHTS   OP  AMERICAN  PISnERMEN. 


341 


[Inclosnro.] 

Certified  copy  of  a  report  of  a  committee  of  the  honorable  the  privy  council  for  Canada, 
avproved  ly  his  excellency  the  administrator  of  the  Government  in  council  on  the  2l»t 

September,  188C. 

The  committee  of  the  privy  coiincP  liavo  bad  uudor  tbeir  cousUlcratiou  a  dispatch 
ilated  r)tb  Anjiust,  1886,  from  tlie  riglifc  honorable  tiio  secretary  of  state  for  the  col- 
iiiiies  tranHinittiug  a  copy  of  a  letter  from  the  foreij^n  oflice  with  a  copy  of  a  note 
Iriim Mr.  Bayard,  and  protesting  against  the  action  of  Captain  Kent,  of  the  Doiuin- 
iiiiKTiiiscr  General  Middleton,  in  refusing  Stephen  A.  Balkam  permission  to  bny  fish 
I'riim  Canadians. 

Tbe  minister  of  marine  and  fisberies,  to  whom  the  dispatch  and  inciosnres  were 
referred,  submits  the  following  report  from  the  first  officer  of  tho  General  Middle- 
lou; 

"  Halifax,  August  25,  18BC. 

"ILavo  tho  honor  to  state  that  when  boarding  several  boats  in  St.  Andrews  Bay  I 
asked  Stoplion  li.  Balkam  if  the  boat  he  was  in  was  American.  He  replied  that  ho 
thnii<;lit  siiu  was.  I  informed  him  that  if  she  was  American  ho  could  not  take  fish 
fioin  tlie  weirs  on  the  English  side  without  a  permit  from  the  collector  of  customs  at 
St.  Andrews  or  West  Isles. 

"He  askod  permission  to  take  the  fish  from  the  weirs  in  Kelly's Covo  without  a  per- 
mit.  I  declined  to  accede  to  his  request. 

"Mr.  Balkam  wont  aronnd  the  point  iuhisboat,  and,  after  accosting  several  others, 
I  met  liim  a4;ain,  evidently  trying  to  evade  my  instructions.  I  told  him  that  he  must 
not  take  the  fish  without  permission  from  the  customs.  He  left  for  tho  American 
sbnro  and  I  returned  to  the  Middleton. 

'Mr.  Stephen  K.  Balkam  I  have  known  for  some  years.  He  formerly  belonged  to 
Sf.  AiulrewH,  but  is  now  living  in  Eastport.  His  business  is  to  carry  sardines  from 
I  the  English  side  to  Eastport  for  canning  purposes." 

Tlie  minister  is  of  opinion,  in  view  of  the  above,  that  in  warning  Mr.  Balkam  that 
if  his  boat  belonged  to  tho  United  States  he  could  not  take  herring  from  the  weirs 
wilhBut  iirst  having  reported  at  the  custom-house,  Mr.  Kent  acted  within  the  scope 
(if  tbe  law  and  his  instructions. 

Tiio  committee  respectfully  advise  that  yotir  excellency  bo  moved  to  transmit  a  copy 
i  of  this  minute  to  tho  right  honorable  the  secretary  of  state  for  the  colonies,  as  re- 
;  qnosted  in  bis  dispatch  of  tho  5th  August  last. 

JOHN  J.  McGEE, 
Cla%  Piivy  Council,  Canada. 


No.  50. 

Mr.  Bayard  to  Sir  L.  West. 

Department  of  State, 

Washingto7i,  November  11, 1886. 
Siu:  Ihave  tbo  lionor  to  inclose  herewith  copies  of  the  statements 
I  vitL  affidavits  from  Ciipt.  Medeo  Rose,  master  of  the  schooner  Laura 
lijajward,  of  Gloucester,  Mass.,  and  of  Capt.  Joseph  Tapper,  master  of 
hftlic  schooner  Jeannio  Seaverns,  also  of  Gloucester,  forwarded  to  me 
liy  tLe  collector  of  the  port  of  Gloucester,  under  date  of  5th  instant. 
[   The  first  impressively  describes  the  inhospitable  and  inhuman  conduct 
[of  tbe  collector  of  the  port  of  Shelburne,  Nova  Scotia,  in  refusing  to 
iillow  Captain  Eose  to  buy  sufiicient  food  for  himself  and  crew  to  take 
tlim  home,  besides  unnecessarily  retaining  his  papers,  and  thus  pre- 
veuting  jiim,  with  a  wholly  inadequate  supply  of  i)rovi8ions,  from  pro- 
|cee(liii{.ou  his  voyage. 

I  The  second  complaint  is  of  Captain  Quiglej",  commanding  the  Cana- 
I  Hiau  cruiser  Terror,  in  not  only  preventing  Captain  Tupper  from  laud- 


342 


RIGHTS   OF  AMERICAN  FISHERMEN. 


ing  to  visit  liis  relatives  in  Liverpool,  Nova  Scotia,  but  even  forbiddimj 
his  relatives  from  coming  ou  board  bis  vessel  to  see  him,  and  likewji^ 
placing  a  guard  on  board  of  her  to  insure  that  result. 

While  I  need  not  comment  further  than  I  have  already  done  in  pre. 
vious  notes  on  the  unjust  and  unwarrantable  acts  of  the  Boiuiuionof. 
ficials  of  late  towards  our  fishermen,  of  which  the  instances  uowpre- 
Bented  are  but  repetitions,  I  must  notice  the  new  phase  of  Captain 
Quigley's  abuse  of  authority  in  actually  making  Captain  Tuppera 
prisoner  on  board  of  his  own  vessel,  and  in  preventing  his  relatives, 
whom  he  states  he  had  not  seen  for  many  years,  from  meeting  Lini. 

Such  conduct,  apart  from  all  its  legal  and  international  aspects  ig 
wholly  unworthy  of  any  one  intrusted  with  the  execution  of  a  public 
duty  and  inconsistent  with  the  national  reputation  for  humanity  and 
courtesy  of  an  officer  in  Her  Majesty's  service. 
1  have,  &c., 

T.  F.  BAYARD. 


I  IlncloBitre  Ko.  1.] 

Mr.  Presson  to  Mr.  Bayard. 

Gloucestkr,  Mass.,  Colkctor'8  Office,  November  5, 188C, 
Sir:  I  transmit  licrewitb.by  request,  aflidavitB  of  Capt.  Medco  Rose,  of  scboonetl 
Laura  Sayward,  and  Capt.  Josepli  Tnpper,  ofscliooner  Jeannie  Seavenis,  in  relation 
to  their  treatment  by  Canadian  officials.  I 

I  am,  &o., 

D.  S.  PRESSON, 

Collector. 


iMASSACHUSEri 


sT' 


Inoloanre  No.  2.1 

Affidavit  of  Captain  Rose,  of  the  schooner  Laura  Sayward. 

I,  Medeo  Rose,  master  of  schooner  Lanra  Sayward,  of  Gloucester,  being  duly  sworn, 
do  depose  and  say:  That  on  Saturday,  October  2d,  being  then  on  Western  Bank  on » I 
iishing  trip,  and  being  short  of  provisions,  wo  hove  up  our  anchor  and  started  for  home,  I 
The  wind  was  blowing  almost  a  gp.le  from  the  northwest,  and  being  almost  dead- 1 
ahead  we  made  slow  progress  on  our  voyage  homo.  Ou  Tuesday,  October  iSthjWe  made  I 
Shelbume,  Nova  Scotia,  and  arrived  in  that  harbor  about  8  p.  m.  on  that  day,  short  I 
of  provisions,  water,  and  oil  to  burn.  On  Wednesday  I  sailed  for  the  inner  liaiborof  j 
Shelburne.  Arriving  at  the  town  about  4  p.  m.,  on  going  ashore  I  found  the  custom- 1 
house  closed,  and  hunted  np  the  collector  and  entered  my  vessel,  and  nuked  permis- 1 
Hion  from  him  to  buy  7  pounds  sugar,  3  pounds  coffee,  one-half  to  1  busbcl  potatoes,! 
and  2  pounds  of  butter,  or  lard  or  pork,  and  oil  enough  to  last  us  home,  and  waste- j 
fused.  I  stated  to  him  my  situation,  short  of  provisions,  and  a  voyage  of  250  miles  j 
before  me  and  plead  with  him  for  this  slight  privilege,  but  it  was  of  no  avail.  Itiien  j 
visited  the  American  consul  and  asked  his  nasi.stanco  and  found  him  powerless  to  aid] 
me  in  this  matter.  The  collector  of  customs  held  my  papers  until  the  next  moniing,! 
although  I  asked  for  them  as  soon  as  I  found  I  could  not  buy  any  provisions,  say  atal  j 
an  hour  and  a  half  after  I  entered,  but  he  refused  to  give  them  to  me  until  tiienext  j 
morning.  Immediately  on  receiving  my  papers  on  liiursday  morning,  I  started  fori 
liome,  arriving  on  Sunday.  I  think  the  treatment  I  rocoived'liarHh  and  crnel,driviDgj 
myself  and  crew  to  sea  with  a  scant  supply  of  provisions,  wo  having  but  little  Homj 
aiid  water  and  liable  to  bo  bnffoted  about  for  days  before  reaching  home. 

MEDEO  EOSE. 

Massachusetts,  Essex,  ss : 

October  13, 1880, 

Personally  appeared  Med-^o  Rose,  and  made  oath  to  the  truth  of  the  above  state- J 
mont. 

Before  me. 

[SBAl.]  AARON  PARSONS,  If,  P- 


EIGHTS   OF   AMERICAN   FISHERMEN. 


343 


[Inclosnro  Ko.  3.] 
Affidavit  of  Captain  Tapper,  of  the  achootit:'  Jeannie  Seaverni, 

I  Joseph Tupper,  master  of  schooner  Joaiuiie  Seavorns,  of  Gloucester,  Masa,,  being 
t  ■  i'  gvfoni,  do  depose  and  say :  That  on  Thursday,  October  28,  while  ou  my  passage 
!  L^jiip  ffom  a  lishing  trip,  the  wind  blowing  a  gale  from  southeast,  and  a  heavy  sea  run- 
iiiiiif  I  was  obliged  to  enter  the  harbor  of  Liverpool,  Nova  Scotia,  for  shelter.  Im- 
iiicdilitely  on  coming  to  anchor  was  boarded  by  Captain  Quigley,  of  Canadian  cruiser 
Terror,  who  ordered  me  to  go  on  shore  at  once  and  enter  at  the  custom-house,  to  which 
Irt'plii'd  that  such  was  my  intention.  Ho  gave  me  ])ermissioa  to  take  two  men  in  the 
boat  witb  uio,  but  they  must  remain  in  the  boat  and  not  stop  on  shore.  I  asked  Cap- 
tain  Qiiiglo.V  '^  ^  could,  after  entering,  visit  some  of  niy  relatives  who  resided  in  Liv- 
erpool, niid  whom  I  had  not  seen  for  many  years.  This  privilege  he  denied  mo.  After 
enttrii'ig,  having  returned  to  my  vessel,  some  of  my  relatives  came  off  to  see  me. 
Wten  Captain  Quigley  saw  their  boat  alongside  of  my  vessel  he  sent  an  officer  and 
lioat's  crew,  who  ordered  them  away,  and  at  sundown  ho  placed  an  armed  guard  on 
lioard  our  vos8ol,who  remained  on  board  all  night,  and  was  taken  off  just  before  wo 
wiled  in  the  morning. 

1  fouiplied  with  the  Canadian  laws,  and  had  no  intention  or  desire  to  violiito  thorn 
iaiiiiv  way;  but  to  be  made  a  imsoner  on  board  my  own  vessel,  and  treated  like  a 
I  suspicions  character,  grates  harshly  upon  the  feelings  of  an  American  si^aman,  and 
I  protest  against  such  treatment,  and  respectfully  ask  from  my  own  Government  pro- 
tection from  such  unjust,  unfriendly,  and  arbitrary  treatment. 

JOSEPH  TUPPER. 

[Massachusetts,  £'«8er,  88; 

November  4, 1886. 

Personally  appeared  Joseph  Tupper,  and  made  oath  to  the  truth  of  the  above  state- 

t  nient, 
Hef'ore  me. 
[sKAi,.]  AARON  PARSONS,  N.  P. 


No.  51. 
Sir  L.  West  to  Mr.  Bayard. 

British  Legation, 
Washington,  November  1^,  T88G.    [Eeceived  November  12.] 

Sir:  1  have  the  honor  to  aclinowledge  the  receipt  of  your  note  of 
[yesterday's  date,  together  with  certain  statements  in  which  complaint 
[is  made  of  the  conduct  of  the  collector  of  customs  at  Shelburne,  Nova 
IScotia,  and  the  conduct  of  Captain  Quigley,  of  the  Canadian  cruiser 
[Terror,  in  their  dealings  with  certain  American  fishing  vessels,  and  to 
liulorm  you  that  I  have  forwarded  the  same  to  Her  Majesty's  Govern- 
[ment. 

I  have,  &c., 

L.  S.  SACKYILLE  WEST. 


No.  52. 

8ir  L.  West  to  Mr.  Bayard. 

British  Legation, 
Washington,  November  15, 18SG.    [Eeceived  November  IC] 
SiE:  With  reference  to  your  notes  of  the  19th  and  20th  ultimp,  I 
the  honor  to  inform  you  that  I  am  requested  by  the  Earl  of  Iddos- 
leigh  to  state  to  you  that  the  Dominion  Government  have  been  asked 


tilt 


niariTs  op  amkrican  pisiikumen. 


to  ftirnish  immediato  roports  npon  the  action  of  their  authorities  in  tie] 
eases  of  the  Aiuericau  tlshiug  vessels  Everett  Steele  and  Pearl  Kelgon, 
I  have,  &c., 

L.  S.  SACKVILLB  M^EST. 


mh 


No.  53. 

Mr.  Bayard  to  Sir  L.  Went. 

Department  op  State, 
Washington,  December  1.  ],S86. 

Sir  :  As  possessing  additional  and  very  disagreeable  beiuiiifj  upon  1 
the  general  snbjoct  of  the  harsh  treatment  of  American  fisliiiig  vessels 
during  the  late  season  by  the  local  authorities  of  the  niaiitiine  prov 
inces  of  Her  Majesty's  Dominion  of  Canada,  1  have  the  honor  to  senil 
you  herewith  a  copy  of  a  letter  addressed  to  me,  under  date  of  tlie 
12th  ultimo,  by  Capt  Solomon  Jacobs,  master  of  the  Amcricuii  tisliiii;; 
schooner  Molly  Ada.ns,  of  Gloucester,  Mass.    You  will  share,  Idonlit 
not,  the  regret  I  feel  at  such  churlish  and  inhospitable  treatment  of  a 
vessel  which  had  freely,  and  with  great  loss  and  inconvenience,  rendered 
such  essential  service  to  the  suffering  and  imperiled  crew  ol"  a  Novi 
Scotiau  vessel.    But  for  his  generous  act  Captain  Jacobs  would  have 
had  no  occasion  to  put  into  Malpeque,  or,  subsequently,  when  short  o(j 
provisions,  into  Port  Medway.    As  his  narrative  shows,  the  local  au- 
thorities iit  Malpeque  treated  him  with  coldness  and  rudeness,  makiii; 
no  provision  to  receive  the  Nova  Scotian  crew  he  had  saved  from  sm::  j 
imminent  danger,  even  causing  him  to  incur  a  pecuniary  bftrdeiiincom 
pletion  of  his  humane  rescue,  and  even  treating  the  landing  of  the  prop 
erty  so  savj-'d  from  the  wreck  of  the  Nova  Scotian  vessel,  on  lieroffiil 
shores,  as  not  lawful  for  an  American  fishing  vessel  "  within  the  three] 
mile  limit." 

The  treatment  of  Captain  Jacobs  at  Port  Medway  is  a  fitting  sequel  I 
to  that  received  by  him  at  Malpeque.    Having  undergone  fourteen  days 
detention  in  the  latter  port,  and  having  shared  his  purse  and  sleuder 
stock  of  ])rovisions  with  the  men  he  had  rescued,  he  put  to  sea,  when, 
his  supplies  falling  short  by  reason  of  his  charitable  action,  heaskwl 
leave  to  purchase  at  Port  Medway  ''  half  a  barrel  of  flour,  or  enouglil 
provisions  to  take  his  vessel  and  crew  home."    With  full  knowledge  of  j 
the  cause  of  Captain  Jacobs's  dearth  of  provisions,  even  this  the  collector  j 
at  Port  Medway  absolutely  refused,  and  threatened  Captain  Jacobs! 
with  the  seizure  of  his  vessel  "  if  he  bought  anything  whatever."  Tlie 
urgent  need  of  supi)lies  in  which  Captain  Jacobs  stood,  is  shown 'ty 
the  fact  that  although  the  run  with  favorable  Aveather  from  Port  Med' 
way  to  his  home  port,  Gloucester,  Mass.,  only  occupied  three  days,! 
crew  were  on  half  rations  for  two  days,  and  without  food  for  one  dajj 
of  that  time.    It  is  painful  to  conjecture  what  might  have  been  tbeirj 
distress  had  the  Molly  Adams  encountered  storms  or  head  winds. 

I  Jim  confident  that  Her  Majesty's  Government,  than  wiiich  none  I 
more  generously  fulfilled  the  obligations  of  the  unwritten  coded  seal 
faring  humanity,  will  hasten  to  rebuke  the  treatment  of  Captain  Jacobs 
at  the  hands  of  the  local  authorities  of  Nova  Scotia,  by  exhibiting  gniti- J 
tude  for  his  act  in  saving  seventeen  of  their  own  people  from  death,  ami  j 
teiulcring  him  compensation  for  the  delays  and  expenses  he  has  under- 
gone through  the  breaking  up  of  his  legitimate  fishing  venture. 


IThe  lion.  .Skcuei 


niailTS   OF   AMERICAN  FISlIEttHKN. 


ni5 


The  closing  part  of  Captain  Jacobs's  letter  may  serve  to  show  the  irre- 
giwndiblo  and  «iifferent  treatment  he  was  subjected  to  in  the  several 
[iKirtsho  visited,  where  the  only  common  feature  seems  to  have  been  a 
liiirlv  liostility.  At  Port  Hood,  for  instance,  Captain  Jacobs  being  siiik, 
|ji8  brother  landed  and  reported  in  his  stead,  and,  after  paying  the  regu- 
lar fee,  was  told  that  his  report  was  a  nullity,  and  that  the  vessel  would 
be  liable  to  penalty  for  unauthorized  landing  of  her  crew  unless  her 
captain  reported  in  person,  which,  although  ill,  he  was  compelled  to  do, 
and  the  feo  was  thereupon  levied  a  second  time.  This  is  a  small  mat- 
ter measured  by  the  amount  of  the  fee,  but  it  is  surely  discreditabh^ 
aud  has  a  tendency  which  cannot  be  too  much  de^^lored. 

In  uiy  late  correspondence  I  have  treated  of  the  necessary  ami  logical 
rcsiiltsof  permitting  so  irritating  and  unfriendly  a  course  of  action,  and 
1  will  not  thereibre  now  enlarge  on  this  subject. 
I  have,  &c., 

T.  V.  liAYAKD. 


[Inclo8ure.] 

CajUain  Jacobs  to  Mr,  Bayard, 

Gloucester,  Novemler  12,  188(5. 
[The  Hon.  Secuetauy  of  State. 

Sir:  I  would  most  respcctfally  ask  yonr  attciit  ion  to  tlio  following  facts  as  showiiij.^ 
Ithe  spirit  and  inann»!r  of  tho  applicutiou  of  law  on  the  part  of  tlio  otljcial;^  of  tlio 
IDflmiuioii  of  Canada. 

On  or  al)out  tlio  26th  "f  Soptember,  wLert  off  Malpcqno,  Princo  Edward  Island,  I 
|fill  ill  with  the  Uritish  Bchoo.iorNeakilita,  of  Lockeport,  Nova  Scotia,  which  had  run 
InnMalpeqiio  bar  In  making  the  barbor.  It  was  blowing  very  heavy;  sea  running 
jiiigh,  Tho  crow  was  taken  off  by  my  vessel  about  12  o'clock  at  night.  There  were 
pvcutceu  men  in  all.  Wo  took  care  of  them,  and  fed  them  for  three  days.  Tho 
IXi'siiilita  became  a  total  wreck.    Wo  saved  somo  of  the  material. 

The  cutter  Critic,  Captain  McClonnan,  one  of  the  Canadian  cruisers,  was  lying  in 
[the  harbor  of  Malpeqnc.  Tho  captain  boarded  my  vessel,  and  I  reported  to  llini  the 
Ifactsof  th"  wreck  and  tlio  condition  of  tho  men.  They  had  saved  a  portion  of  thoir 
|clotliiiij{.  Ho  neither  ofiored  to  care  for  tlio  wrecked  crew,  to  feed  them,  nor  to  give 
[tliem  or  myself  any  assistance  whatever.  Having  somo  of  tho  wrecked  material  on 
llK)ar(l,l  asked  tho  captain  of  the  cutter  for  jterniission  to  land  it.  He  referred  me  to 
Itiie  local  collector.  I  went  to  tho  collector,  and  ho  referred  mo  back  to  the  captain 
Icftho  cutter.  As  the  cutter  had  gone  out,  the  captain  of  the  Neskilita  assumed  the 
Jrespunsibility  and  took  tho  things  ashore.  'J'ho  captain  of  tho  cutter  told  mo  tliat  I 
[could  put  tlio  saved  material  on  board. a  Nova  Scotia  vessel  if  I  wont  outside  of  the 
Itliree-niilo  limit  to  do  it.  I  endeavored  to  get  some  of  the  people  on  shore  to  take  tho 
jtrecked  crow,  but  no  one  would  do  it  unless  I  would  be  responsible  for  thoir  boanl. 
iFiiially,  I  gave  the  crow  $60,  enough  to  pay  their  passage  home  on  the  cars,  and  also 
|gaTDtbcm  iiiovisions  to  last  during  their  journey. 

Malpcqno  is  a  barred  harbor,  and  it  is  only  in  smooth  water  that  it  is  safe  to  go  out 
[dver  the  bar,  and  my  vessel  drawing  fourteen  feet  of  water,  and  there  was  only  four- 
[tecn  feet  of  water  on  the  bar,  it  was  impossible  for  me  to  go  out.  By  being  detained 
[in  port  in  disposing  of  this  wrecked  crew  I  lost  over  ten  days  of  valuable  time  before 
[I  could  get  out  to  fish,  and  during  that  time  the  fleet  took  large  quauties  of  mackerel, 
[Having  to  feed  so  many  on  my  vessel  left  mo  short  of  provisions,  and  in  a  short  time 
[afterwards  I  put  into  Port  Medway,  and  stated  the  circumstances,  and  asked  permis- 
[siontobuy  half  a  barrel  of  flour  or  enongh  provisions,  to  take  my  vessel  and  crew 
[lionio.  This  was  absolutely  refused,  and  tho  collector  threatened  nie  that  if  I  bought 
[anything  whatever  ho  would  seize  my  vessel.  I  was  obliged  to  leave  without  obtain- 
|m,'''"7'^'''"»  ^^'^  came  homo  in  three  days,  on  short  rations,  a  distance  of  300  miles. 
ITlie  wind  and  weather  being  favorable, we  liad  a  good  pass.ago,  but  yet  wo  were  with- 
I'liit  provisions  for  one  d.ay  before  we  arrived  home.  I  wish  to  state  most  emphatically 
Itliat  the  otlicials  diirer  in  their  construction  of  our  rights.  Fees  are  different  in  every 
Ipwt,  and  as  there  is  no  standard  of  right  fixed  by  onr  own  Government,  the  fishermen 
|f^*''\tlie  niorcy  of  a  class  of  oHlcials  hostile  to  thorn  and  their  bnsiuess,  and  with  but 
liittle  knowledgo  of  law  or  its  application. 


B4G 


EiailTS   OF  AMERICAN   FISIIKRMEN. 


For  iiintanoo,  at  Snnris,  Prince  Edward  iHlniid,  15  oontn  is  charged.  For  rcnortiot 
At  I'ort  Mnlgrftvo,  Nova  ScoMii,  50  conta  Ih  cbarut-'d.  At  Port  IIo(h1,  I  boing  mtit  my 
brotbor  wont  to  tbe  cuBtoin-boiiBO  to  ropcirt.  iMio  ofBoial  cbarged  him  25  centMnj 
told  him  that  iintoHH  tlio  captain  reported  in  lusrson  tlio  report  was  invalid;  timtniM 
from  tbo  vesHel  would  not  be  allowed  aHhoro  nnlcHS  the  captain  reported. 

In  the  afterhoon  of  the  sanio  day  I  was  able  to  jjo  to  tbo  otlice,  and  was  chared  2; 
cents  for  my  report,  making  50  cents.     In  tbe  matter  of  anchorage  (v.ch,  at  PortMol. 
urave,  Nova  Scotia,  I  paid  ?1. 50;  at  Malpccjne,  $1;  ut  Sydney,  $1.17.    At  some  port! 
we  have  to  pay  anchorage  fees  every  time  we  go  in,  as  at  Halifax;  at  oIIkth  twlcefor  i 
the  season. 

Now,  I  would  most  respectfully  siato  that  the  oHlcial  service  throiighoiit  is  actu- 
ated ap]»arently  from  a  principle  of  annoyance  wherever  and  whenever  itcanlienn 
api)lied;  that  there  is  only  harmony  of  action  in  this  regard  alone,  and  that  Incal 
laws  and  regulations  ore  enforced'  against  us  without  regard  to  any  ri;jhts  wo  mat 
luive  under  treaty;  that  tbo  oll'ect  of  this  enforcement  is  not  to  promote  but  to  in. ' 
terfero  and  to  limit  by  unjust  pains,  fees,  and  penalties  tbo  right  of  sbeltor,  obtain- 
ing wood  and  water,  and  making  of  repairs  guaranteed  by  treaty  of  \SlS\  that  in- 
stead of  tbo  restriction  contem])lated  tbe  local  laws  make  a  technical  obligation  thai 
is  without  their  province  or  jtowor,  and  enforce  penalties  that  should  never  be  ad- j 
n.ittcd  or  allowed  by  our  Government. 

And  I  would  pray  that  in  the  case  recited,  and  many  others  that  can  lie  Hhowni( 
rc(inircd,  wo  may  be  protecti-d  from  local  l:iws  and  their  enforcement  tlintiibriilp 
our  rights  and  have  never  n^ceived  the  sanction  of  the  two  gi;eat  eontracitiu);  iioiveri 
In  the  constru(!ti()n  and  agreement  of  the  treaty  of  181H. 
I  have,  &.<•„, 

SOLOMON  JACOas, 


$1.17.]  North  Sydney,  C.  IJ.,  October  n,  188C. 

Molly  Adams,  117  tons. — Captain  Jacobs  to  harbor  commisahncrn. 

To  amount  of  harbor  dues tI17| 

Received  payment. 


M.  J.  PIIUEEN, 


No.  100. 
91.00.  J 


Dominion  of  Canada. — Tlarhor  dues.' 


Malpeqxje,  p.  E.  I.,  18a; 

Received  from  Solomon  Jacobs,  master  of  the  schooner  Molly  Adams,  from 

118  tons  register,  the  sum  of  $1,  being  harbor  dues  at  this  port. 

EDWARD  LARK  INS, 

Harbor  Mtvttr. 


No.  — . 


Dominion  of  Canada.—ITarhor  dues. 


Pout  Muloravk,  N.  S.,  Juijusl  30,  M 
Received  from  Solomon  Jacobs,  m.ister  of  the  schooner  Mollio  Adams,  froniNort^ 
Bay,  117  tons  register,  the  sum  of  SL.'jO,  being  harbor  dues  at  this  port. 
[SEAL.]    .  «-       »  H  DUNCAN  C.  GILLIES, 

Harbor  Mmttr. 


No.  54. 

Sir  L.  West  to  Mr.  Bayard. 

British  Legation, 
Washington,  December  G,  J 880.    f Received  December  i-l 
Sir:  Witli  reference  to  your  note  of  the  27th  of  October  last,  Hiaj 
tbe  honor  to  inclose  herewith  a  certified  copy  of  a  report  of  a  comraitr 


RlfJIlTH   01'   AMERICAN   riSIIEUMKN. 


347 


ol'tlie  pi  ivy  council  of  Canada,  tofjether  with  copy  of  the  custonia  laws, 
«bicli  (lociimcnts  <!ontain  llio  information  required  respecting  the  sale 
UP,1  pjportation  of  fresh  herring  from  (rrand  Mandan  Island. 
1  have,  &c., 

L.  8.  SACKVILLE  WEST. 


Ctrlifii'd  copy  of  a  report  of  a  commit  lev  of  Iho  honorable  the  vriri/  council  of  Canada, 
apirored  hji  hiancdlency  the  (jovernor-geiural,  in  council,  on  the  Uith  day  of  November, 

Till' (Oimiiittco  of  tliPi  privy  council  liaviiiK  li ad  tlioir  attention  car.oil  by  ii  telegram, 
ibti'il  Irtlli  Nov(!ml)er  instant,  fvoni  Ilor  Maj«^«ty's  uiiniHter  at  WaMliington,  to  Lis 
(iiriiicr  iliHiiatcli  of  tbo  '28th  October  ultimo,  incbming  a  coi)y  of  a  note  i'roni  tlio  Iion- 
iiriililc  Mr.  l!»yar<l,  and  the  inclosurcs,  aHJiinjj  forautbeiitio  information  respecting  tbo 
iMiadian  laws  regulating  tbo  sale  and  exportation  of  fresh  herring  from  the  (i  and 
Maiiaii  IhIiukI. 

The  luiiiiHttr  of  marine  anvl  flsherieH,  to  whom  said  dinpatch  was  referred  for  early 
niKirt,  states  that  any  foreiga  vessel  "  not  manned  nor  equipped,  nor  in  any  way  pre- 
iiaml  tor  taldiig  fish,"  has  full  liberty  of  comnu'rcial  intercourHO  in  Canadian  jiorts 
qioii  tlio  Hamo  conditions  as  a'O  applicable  to  rej»nlarly  registered  foreign  merchant 
vewls;  nor  is  any  restriction  iiuposed  upon  any  loreigu  vessel  dealing  in  iish  of  any 
kind  (litl'crcnt  from  those  imposed  npon  foreign  nierciiant  vessolH  <lealing  in  other 
loiuinercial  connnodities. 

that  the  regulations  under  whJch  foreign  vessels  may  trade  at  Canadian  ports  are 
mtaincdin  the  customs  laws  of  Canada  (a  copy  of  which  is  herewith),  and  which 
iiderit  necessary,  among  other  things,  tiiat  npon  arrival  at  any  Canadian  ^tort  a 
enscl  must  at  once  enter  inward  at  tlio  ciistom-honse,  and  upon  the  completion  of 
er  loading,  clear  outwards  for  her  port  of  (lestination. 

The  comniitco  recommend  that  yonr  excellency  bo  moved  to  transmit  a  copy  of 
lis  minute,  together  with  a  copy  of  tbecuntonis  laws,  as  containing  authentic  infor- 
atiim  respoeting  Canadian  laws  regulating  the  sale  and  exportation  of  fresh  her- 
Dg,  to  Her  Majesty's  minister  at  Washington,  for  tlie  information  of  the  honorable 
Ir.Iiayard,  Socrotary  of  State  for  tlio  United  States, 

JOHN  J.  McGEE, 

Cleric,  Privy  Council. 


Forty-seven  Victoria,  Chap.  2i). 

AN  ACT  to  amond  tlio  oimtoms  act,  1883.    Aasonlod  to  April  10,  1884. 

Her  Majesty,  by  and  with  the  advice  and  consent  of  the  senate  and  house  of  cr  .a- 
^OM  of  Canada,  enacts  as  follows: 

■.Section  188  of  "the  customs  act,  1883,"  is  repealed  and  the  following  section 
liiacted  in  lieu  thereof: 

1  "IHH.  AH  penalties  and  forfeitures  incurred  under  this  act  or  any  other  law  relating 
lolhe  cuHtoins  or  to  trade  or  navigation,  may,  in  addition  to  any  other  remedy  pro- 
liWby  this  act  or  by  law,  bo  prosecuted,  sued  for  and  recovered  with  full  costs  of 
pit,  in  the  exchequer  court  of  Canada,  or  in  any  superior  court  or  court  of  vice- 
•liiiirijlty,  having  jurisdiction  in  that  province  in  Canada  whore  the  cause  of  proso- 
|iiliou  arises,  or  wherein  the  defendant  is  served  with  procisss;  and  if  the  amount  of 
«y  siicli  penalty  or  forfeiture  does  not  exceed  ^200,  the  same  may,  in  the  Provinces 
f  Ontario,  Quebec,  New  Brunswick,  Nova  Scotia,  British  Columbia,  Manitoba,  and 
toco  Edwairt  Island,  respectively,  also  be  prosecuted,  sued  for,  and  recovered  in  any 
port  having  jurisdiction  in  the  place  where  the  cause  of  prosecution  arises,  or  where 
leilffendant  is  served  with  the  process." 
12,  Section  153  of  the  said  act  is  repealed  and  the  following  sectiou  enacted  in  liei. 

'li.'i.  If  any  person,  with  intent  to  defraud  the  revenue  of  Canada,  smuggles  or 

pdesiinely  introduces  into  Canada  any  goods  subject  to  duty,  or  makes  out,  or 

i^^s, or  attempts  to  pass  through  the  eiistom-bouso  any  false,  forged,  or  fraudulent 

I'ojeo,  or  in  any  way  attempts  to  defraud  the  revenue  by  evading  tlie  payment  of 

Pdiity,  or  of  any  part  of  the  duty  on  any  gopds,  such  goods  siiall  bo  seized  and  for- 

"1;  and  every  such  person,  his  aiders  and  abettors,  shall,  in  addition  to  any  other 


348 


RIGHTS   OP  AMERICAN  PlfailERMEN. 


penalty  ot  fotfeitiire  to  which  ho  and  they  may  bo  subject  for  such  oflTcnso,  be  liaU,  I 
on  couvictiun,  to  a  poaalty  of  not  leas  than  $50  aud  not  more  than  $200,  or  to  imprigonl  I 
nient  for  u  term  not  less  tiian  ouo  month  nor  more  than  one  year,  or  to  both  fine  aid 
imiirjsonment  within  tho  said  limits;  and  such  conviction  may  bo  had  in  asunimart 
manner,  before  any  two  justices  of  the  peace  or  before  any  judge  or  magistrate  bay. 
ing  the  powers  of  two  justices  of  the  peace," 

3.  Section  8(5  of  the  said  act  is  hereby  repealed. 

4.  This  act  shall  bo  construed  as  part  of  the  act  amended  by  it,  but  its  provisions  i 
so  far  as  theydiffer  from  those  for  which  thoy  are  substituted,  shall  apiylynotonlvtol 
cases  iir  which  the  oll'enso  has  been  committed,  but  also  to  those  in  wliidi  tlieprosf.! 
cutiou  for  the  ponalty  or  forfeiture  thereby  incurred  is  commenced  after  the  passjo;  j 
of  this  act,  although  the  oifonso  was  cominitted  before  the  passing  thereul'. 


f  If 
a' 


Forty  six  Victoria,  Chap.  12. 

AN  ACT  to  auiond  and  consolidate  the  acta  roapecting  tbo  cuHtoms.    Asacntod  to  25th  Mas  M 

Her  Ma,jesty  by  and  with  the  advice  and  consent  of  the  senate  and  house  of  coral 
mens  of  Canada,  enacts  as  follows: 

1.  This  act  may  be  cited  as  "  tho  customs  act,  1883." 

2.  Tl'.is  act  shall  be  construed  as  beiujij  passed  in  .amendment  and  consolidation  ol I 
the  act  passed  In  the  fortietli  year  of  Her  Majesty's  reign  (A.  D,  1877),  entitled  "An  act  I 
to  jxmend  and  consolidate  tho  act  respecting  the  customs,"  and  of  any  act  ameudinjl 
the  same.  f 

;i.  This  act  shall  come  into  force  npon,  from,  and  after  the  d.iy  of  thopass'lngtbe^fl 
of,  and  upon,  from,  and  aft«r  the  said  day  the  acts  and  p.art  of  acts  mentioned  in  tbe) 
schedule  hereto,  and  all  acts,  enactments,  or  provisions  of  law  inconsistont  witiitliijl 
act,  or  making  any  i)rovision  for  any  matter  provided  for  by  this  act,  aro  hereby re-j 
pealed,  and  this  act  is  substituted  for  them  ;  provided  always,  that  ail  actsorcniut-j 
uents  repealed  by  any  of  the  said  acts  shall  remain  repealed,  .aud  that  all  orderain I 
council  and  regulations  made  under  tho  acts  hereby  repealed,  or  under  any  foruierj 
act  relating  to  customs,  so  far  as  tho  same  have  not  been  revoked,  or  are  not  incon-f 
sistout  herewith,  shall  remain  in  force  until  revoked  or  altered  by  competent aBl 
thority ;  and  all  things  lawfully  done,  and  all  obligiitions  incurred,  bonds  given,  dntioj 
accrued,  and  rights  acquired  under  the  said  acts,  or  any  of  them,  shall  remain  validf 
and  may  be  enlorced,  and  all  offenses  coinmitted,  penalties,  forfeitures,  or  liabilitiesl 
incurred  under  vhem,  or  any  of  them,  may  bo  prosecuted,  punished,  aud  enforced,  aiiill 
all  proceedings  .ind  tilings  lawfully  connnenced  under  them,  or  any  of  tbem,  niaytaj 
continued  anil  complete(l  under  the  said  acts,  or  under  corresi)on<lJng  provisionsof  tliijj 
act,  which  shall  not  be  construed  as  now  law,  but  .as  a  consoiida ;  ion  and  continuationl 
of  tho  said  repealed  acts,  subject  to  the  amendments  and  now  provisions  licreby  luadeT 
Anything  herotofore  done,  or  any  offense  committed  or  liability  incurred  inider3iiT| 
provisions  of  any  of  tho  said  repealed  acts,  which  is  repeated  without  material  idtcr-f 
ation  in  this  act,  may  be  alleged  or  referred  to  as  having  beeu  done,  committed, or inl 
curred  under  the  repealed  act  in  which  such  provision  was  made,  or  under  this  actf 
and  everj'  sneli  provision  shall  bo  construed  as  having  had  and  as  haviii;f  the  saiMJ 
effect,  and  from  tho  same  time,  as  under  such  repealed  .ict,  and  any  reference  in  aiijj 
former  act  or  document  to  any  such  provision  in  any  of  tho  said  reiiealcd  acts,  i 
hereafter  be  construed  as  a  reference  to  the  corresponding  ijrovision  of  tiiis  act. 

4.  The  following  terms  and  expressions  wheiever  u.sed  iii  this  act,  or  in  anyoilic^ 
laws  relating  to  the  customs,  shall,  unicss  it  be  otherwise  specially  provided,  ortiicre 
be  something  in  the  context  repugnant  to  or  inconsistent  with  such  c<instniction,!i«| 
construed  aud  interpreted  as  follows :  The  word  "  port "  moans  a  place  where  vesstl* 
or  vehicles  may  disch.argo  or  load  cargo  ;  tho  word  "collector"  means  the  collectorl 
of  the  customs  at  the  port  or  place  iutonded  in  the  sentcmee,  or  any  person  lawfiillf| 
deputed,  appointed,  or  authorized  to  do  tho  duty  of  collector  thereat ;  the  weal 
"  oflicer  "  means  an  officer  of  the  customs  ;  the  word  "  vessel "  means  any  ship,  vissclj 
or  boat  of  any  kind  wliatever,  whether  propelled  by  steam  or  otiierwise.  andwhfikif 
used  as  a  sea-going  vessel  or  on  inland  waters  only,  unless  tho  eont(>xt  iie  nianifislljj 
such  astodisting)iish  one  kind  or  class  of  vesscil  from  another,  and  tlie  word  "vessell 
includes  "vehicle";  the  word  "vehicle"  means  any  cart,  car,  w.agon,  rarri.asp.toj 
row,  sleigh,  or  other  conveyance  of  what  kin<l  soevT,  whether  drawn  or  iiiopcllef 
by  steam,  by  animals,  by  Iwmd  or  other  power,  and  includes  tho  liiiriies.s  or  taitlj 
of  the  animals,  and  includes  also  tho  (itiings,  furnishings,  anil  appurtenances  nf  tlr 
vehicle;  tho  wonl  "master''  means  tjie  person  liaving  or  taking  charge  <d' any  v* 
sol  or  vehicle;  tho  word  "conductor"  means  the  person  in  charge  or  havinfjtbj 
chief  direction  of  any  railway  train ;  th«  words  "owner,"  "importer,"  or  "exporterij 


EIGHTS    OF   AMERICAN   FISHERMEN- 


849 


ltl!l.ll> 
■till'   ' 


tlio  owners,  importers,  or  exporters,  if  there  bo  niore  than  one  iu  any  case, 
..leliitlo  iiersona  lawfully  uctiiig  on  their  btshalf;  the  word  "goodn"  means 
""ni"  wares,  and  merchandise,  or  movable  eil'ects  of  any  kind,  including  carriages, 
h".  .!  caltlf,  and  other  animals,  except  where  these  latter  are  manifestly  not  in- 
wi,|i(i  to  l>f  included  by  the  said  word;  the  word  "warehouse"  means  any  place, 
u'liiilKr  iioUK(!,  shed,  yar<l,  dock,  jxind,  or  other  place  in  which  goods  importecl 

ivlielodfii'd,  kept,  and  secured  without  i)aynieut  of  duty;  "customs  warehouse" 
tiuciiiili's  wiiViuauce  warehouse,  bonding  warehouse,  and  examining  warehouse;  the 
\(,inl  "oatli"  includes  declaration  and  atlinnation.  The  use  of  the  terms  "seized 
, 1 ,1  i,iliit('(i,"  "  liable  to  forfeiture,"  or  "  subject  to  forfeiture,"  or  other  term  which 
IJii 'lit  lit  itwjlf  imply  that  some  act  subseijuent  to  the  commission  of  the  otlense 
isiM(('SHary  to  work  the  forfeiture,  shall  not  be  construed  as  rendering  any  such  sub- 
wiiiiiit  act  necessary,  but  the  forfeiture  shall  accrue  at  the  time  of  and  by  the  com- 
i,i>.iiiii  of  flin  otlense,  in  respect  of  which  the  penalty  of  forfeiture  is  imposed.  All 
III,  iriiiiN  and  ])rovi8ions  of  this  act,  or  of  any  such  law  as  aforesaid,  shall  receive  such 
la  I  ..u(l  liberal  construction  a:id  interpretation  as  will  best  insure  the  protection  of 
lln  p  venue  and  (he  attainment  of  the  purpose  for  which  this  act  or  such  law  was 

iidi',  aecDnling  to  its  true  intent,  meaning,  and  spirit. 

').  Tlie  following  provisions  of  this  act  shall  apply  to  all  duties  of  customs  ir^;)  c^d 
l)vaii.v  act  of  the  I'arliament  of  the  Dominion  of  Canada,  whether  now  iu  '.-•->.  n; 
[liiisscil  ill  tlio  present  session  or  iu  any  future  session  of  the  said  Parliament. 

I.  On  each  and  every  non-enumerated  article  which  bears  a  similitude.  iitiKi  it 
liiti'iial,  qiiiilily,  or  the  use  to  which  it  may  be  applied,  to  any  ouumenit,  '  irdi  lo 

ltliar;.'(al)lo  with  duty,  the  same  rate  of  duty  shall  bo  payable  which  is  cb  ,uu  on 
111)  eiiiimerated  article  which  it  most  resembles  iu  any  of  the  particulars  before 
Miiiimed. 

7,  Ilauy  nou-euumerated  article  equally  resembles  two  or  more  enumerated  articles 
II  uhicii  (lifierent  rates  of  duty  are  chargeable,  the  duty  on  such  non-enumerated 
rticlc  shall  bo  the  same  as  that  on  the  enumerated  article  which  it  resembles,  paying 
i'  hifjhcst  duty. 
«.  On  ali  articles  manufactured  from  two  or  more  materials,  the  duty  shall  be  that 

3iveil  nil  the  article  (if  there  be  a  ditforence  of  duty)  which  is  charged  with  the 
it'lieat  dnty. 

.  If  au  article  be  enumerated  in  the  tariff  under  two  or  more  names  or  descrip- 
ions,  and  there  be  a  difference  of  duty,  the  highest  duty  provided  shall  be  charged 
ml  collected  thereon. 

10.  Spirits  and  strong  waters,  from  whatever  substance  distilled  or  prepared,  hav- 
w;  tlio  llavor  of  any  kind  of  spirits  or  strong  waters,  subject  to  a  higher  duty  thau 
liisky,  Rliall  bo  liable  to  the  duty  imposed  on  spirits  or  strong  waters  of  which  they 
live  tlio  flavor. 

II.  Inasmuch  as  disputes  may  arise  as  to  whether  any  or  what  duty  is  payable  on 
lliaiticniar  go'nds,  therefore  when  there  is  no  decision  in  the  matter  by  any  competent 
Itrihniial,  or  there  are  decisions  inconsistent  with  each  other,  the  governor  in  council 
imny  declare  the  duty  payable  on  the  kind  of  goods  in  question,  or  that  such  goods 

re  exempt  from  duty;  and  any  order  in  council  containing  such  declaration  and  lix- 
Di;  8ucli  duty  (if  any)  and  published  in  the  Canada  Gazette,  shall,  until  otherwise 
rdcied  by  Parliament,  have  the  same  force  and  effect  as  if  such  duty  had  been  fixed 
ml  declared  by  law ;  and  a  copy  of  the  said  Gazette  containing  a  copy  of  any  such 
nkr  shall  be,  evidence  thereof. 

I'.'.  All  duties,  jienalties,  or  forfeitures  imposed  by  any  act  relating  to  the  customs 

ill  be  payable  in  money,  being  a  legal  tender,  at  such  rate  as  that  ?4.8()|  of  such 

iioiiey  shall  bo  of  equ.al  value  with  the  British  sovereign  or  pound  sterling  ;  and  all 

iicli  duties  shall  be  paid  and  received  according  to  the  weights  and  measures  ostah- 

ished  by  statute  in  that  behalf: 

(2)  All  invoices  of  goods  shall  be  made  out  in  the  currency  of  the  country  whence 
he  goods  are  inqjorted,  and  shall  contain  a  true  statement  of  the  value  of  such  goods ; 
ml  iu  comput  iiig  the  value  for  duty  of  such  currency,  the  rate  thereof  shall  be  such 
a  has  been  ordered  and  proclaimed  from  time  to  time  by  the  governor  in  council, 
'iio  is  hereby  empowered  to  make  such  order ;  and  the  rate  ordered  shall  bo  based 
iniwii  the  actual  value  of  the  standard  coins  or  currency  of  such  country  as  compared 
I'iili  the  .stantliird  dollar  of  Canada  in  so  far  as  such  comparative  values  aie  known ; 
™i  ill  all  cases  wherein  the  value  of  a  currency  has  not  been  proclaimed,  or  where 
MK  is  uo  lixcd  standard  value,  or  wherein  from  any  cause  the  value  of  such  cur- 
"iDcy  has  become  depreciated,  then  there  shall  be  attached  to  the  invoice  of  the  goods 
iiported  the  certificate  of  some  consul  resident  in  such  place  or  country,  showing  the 
»eut  of  such  depreciation,  or  the  true  value  of  the  currency  iu  which  such  invoice  is 
Milo  out,  thcu  and  there,  as  compared  with  the  standard  dollar  of  Canada ;  pro- 
iW,  hovevcr,  that  iu  cases  where  the  value  of  a  depreciated  currency  is  dependent 
ipiiii  the  rate  of  exchange  on  London,  it  shall  bo  optional  with  the  importer,  with  the 
'wut  of  collector  of  customs,  to  compute  the  value  for  dutjr  at  the  rate  of  oxohaugo 


350 


EIGHTS   OF   AMEKICAN  FISHEKMEN. 


ceitili'  ity  tlio  bank  tlirougli  which  drawD,  as  cnrrcut  at  the  time  and  place tU  ' 
and  \vln;nco  tho  goods  woro  exported  to  Canada;  provided  fnrthor,  that  wiiontLi 
currency  value  is  so  determined  at  tho  time  of  entry,  either  by  a  consul's  cprtilicaif  I 
or  by  tho  certificate  of  tho  bank  as  ahovo  provided,  such  rate  or  value  shall  bo  linall 
and  not  open  to  any  readjustment  by  reason  of  the  subsequent  production  ofacv! 
certificate  not  corresponding  in  rate  or  value  with  that  adopted. 

V.i.  In  all  cases  wherein  tho  duties  are  imposed  according  to  any  specific  quautitv ! 
or  to  any  specific  value,  the  same  shall  be  deemed  to  apply  in  tho  same  proportion  to  I 
any  greater  or  less  quantity  or  value,  and  to  aii:'  fractional  part  of  such  specific  quai).  I 
tity. 

14.  Tho  duties  imposed  by  any  act  relating  to  tho  customs  shall  be  hold  to  be  dntifj  I 
within  tho  meaning  of  the  act  of  the  Parliament  of  Canada,  entitled  "As  act  to  provide  I 
for  the  better  auditing  of  tho  public  accounts,"  and  of  any  act  of  the  said  Parliament 
amending  tho  same,  and  shall,  with  all  matters  and  things  thereunto  relatinp;,  begnb- 
jcot  to  tho  provision  of  the  said  act  or  acts,  and  to  tho  regulations  and  orders  of  the  gov- 
ornor  in  council,  made  or  to  be  made  under  the  authority  thereof,  in  so  far  as  tbesamel 
are  notinconsistent  with  this  act ;  and  all  moneys  arising  from  such  duties,  or  from  any  ( 
penalties  hereby  imjjosed,  and  belonging  to  Her  Majesty,  shall  be  paid  over  by  the  1 
oflicer  receiving  tho  same  to  the  receiver-general,  and  shall  form  part  of  thecoMoli] 
dated  revenue  fund  of  canaua.  I 

19.  Tho  true  amount  of  customs  duties  payable  to  Her  Majesty  with  respect  to  anv  i 
goods  imported  into  Canada  or  exported  therefrom,  and  the  additional  sum  (if  any)' 
]><iyable  under  section  102  of  this  act,  shall,  from  and  sifter  the  time  when  such  dnties  1 
should  have  been  paid  or  accounted  for,  constitute  a  debt  duo  and  payable  to  Hw  I 
Majesty,  jointly  and  severally,  from  tho  owner  of  the  goods  at  the  time  of  tlniim- j 
portation  or  exportation  thereof,  and  from  tho  importer  or  exporter  thereof,  as  the  j 
case  may  be  ;  and  such  debt  may  at  any  time  be  recovered  with  fnll  costs  of  suit  Id  I 
tho  exchequer  court  of  Cauada,  or  in  any  i)rovincial  court  haviug  jurisdiction  in  cases  j 
of  debt  to  tho  amount  claimed. 

IG.  No  goods  shall  be  unladen  from  any  vessel  arriving  at  any  port  or  place  in  Can- 
ada from  any  place  out  of  Canada,  nor  from  any  vessel  having  dutiable  goods  on  boanl  I 
brought  coastwise,  nor  shall  bulk  be  broken  within  15  leagues  of  the  coast  nntihke  j 
entry  has  been  made  of  such  goods,  and  warrant  granted  for  the  unlading  of  tbcsanie;  I 
and  no  goods  shall  be  so  unladen  (unless  for  tho  purpose  of  lightening  vboBbiporl 
vessel  in  crossing  over  a  shoal  or  bar  or  sand-bank)  except  between  sunrise  and  son- j 
set,  and  on  some  day  not  being  a  Sunday  or  statutory  holiday,  and  at  sonic  hour  and  j 
place  at  which  an  officer  of  tho  customs  is  ajipointed  to  attend  tho  unlading  of  goods,  1 
or  at  some  place  for  which  a  sutfranco  has  been  granted  by  tho  collector  or  otlierj 
jiroper  oflicer  for  tho  unlading  of  such  goods;  and  if,  after  tho  arrival  of  the  vessel  j 
within  3  leagues  of  the  coast,  any'alteratiou  be  made  in  the  stowage  of  tho  cargo  so  ai  1 
to  facilitJito  the  unlawful  unlading  of  any  part  thereof,  or  if  any  jiart  tbercof  bej 
fraudulently  staved,  destroyed,  or  thrown  overboard,  or  any  package  fio  opened,  it  j 
shall  bo  deemed  a  breaking'of  bulk,  and  all  goods  unladen  contrary  to  this  act  shall  j 
bo  seized  and  forfeited;  and  if  bulk  be  broken  contrary  to  this  act,  the  master shaU 
forfeit  $200,  and  the  vessel  may  be  detained  until  tho  said  fine  is  paid  or  satisfactory  j 
security  is  given  for  the  paj'mcnt  thereof;  and  unless  payment  be  made  or  securitjl 
bo  given  within  thirty  days  such  vessel  may,  at  tho  expiration  thereof,  be  sold  to  pay! 
tho  said  penalty.  I 

17.  The  governor  in  council  may,  by  regulation  from  time  to  time,  appoint  th*! 
liorts  and  places  of  entry  for  tho  purposes  of  this  act,  and  may  in  like  manner  in- j 
crease  or  diminish  tho  number,  or  alter  the  position  or  limits  thereof.  I 

18.  All  goods  imported  into  Canada,  whether  by  sea,  land,  coastwise,  orbyiulandj 
navigation,  whether  dutiable  or  not,  must  bo  brought  in  at  a  port  of  entiy  whercij 
custom-house  is  lawfully  established. 

19.  All  goods  or  merchandise  exported  by  sea,  land,  or  by  inland  navigatioi 
bo  reported  at  tho  nearest  custom-house,  or,  it  exported  from  any  place  where  n. 
t<mi-h(>U80  is  established,  they  must  bo  reported  within  twenty-four  hours  of  the 
of  such  export  at  tho  nearest  custom-house,  according  to  such  regulations  as  may 
established  by  the  governor  in  council  from  time  to  time. 

20.  If  any  goods  are  imported  into  Canada  at  any  other  place  than  at  some  jwrtwl 
jdaee  of  entry  at  which  a  custom-house  is  then  lawfully  eetablished,  or  being  brom  j 
into  such  port  or  place  of  entry  by  land  or  inland  navigation,  are  carried  pastsuchj 
custom-houso  or  removed  from  the  place  appointed  for  the  examination  of  sm  b  good«| 
by  the  collector  or  other  ofhcor  of  the  customs  at  such  port  or  place  before  tbeiuiMJ 
ha<ve  been  examined  b/ tho  proper  officer  and  all  duties  thereon  paid  and  a  pennit j 
given  accordingly,  such  goods  shall  be  seized  and  forfeited ;  and  each  and  eveiyp^r-i 
son  concerned  in  such  unlawful  importation  or  removal  shall  be  subject  to  apeiisltjl 
equal  to  tho  value  of  such  goods.  j 

21.  If  any  vessel  with  dutiable  goods  on  board  enters  any  place  other  than  a  port  j 
of  entry  (unless  from  stress  of  weather  or  other  unavoidable  cause),  such  goodj(Mf 


RIGHTS   OP   AMERICAN   FISHERMEN. 


351 


I  ( tiiosc  (»f  an  ii.nocout  owner)  Bhall  bo  soized  aud  forfeited,  toj^et.lior  willi  the  ves- 
ijiii  wliicli  iliu  Haiiio  were  imported,  if  such  vessel  is  of  less  value  than  $800. 

w  If  any  vessel,  worth  more  than  $1300,  with  dutiable  goods  on  board,  enters  any 
liilaa'  other  than  a  iM)rt  of  entry  (unless  from  stress  of  weather  or  other  unavoi«lablo 
Icaiise),  siieh  tfoods  (oxce])t  those  of  an  innocent  owner)  shall  be  seized  and  forfeited, 
land  fb«  vessel  may  bo  seized  aud  the  master  or  person  in  charge  thereof  shall  incur  a 
iMalty  of  SciOO,  and  the  vessel  may  bo  detained  until  such  penalty  bo  paid  or  secur- 
lj,y  jrivou  for  the  payment  thereof ;  and,  unless  payment  bo  made  or  satisfactory  se- 
liiiritv  ho  given  within  thirty  days,  such  vessel  may,  at  the  expiration  thereof,  bo 
LiW  to  pay  the  said  penalty. 

I  '23.  If  auy  goods  are  unlawfully  imported  by  land  they  shall  bo  seized  and  forfeited, 
Itoi'i'tlier  with  tiio  vehicle  in  or  by  which  such  goods  are  so  imported  or  rymoved,  and 
[llicborses  or  other  cattle  employed  in  drawing  such  vehicle,  or  in  importing  or  remov- 
[iiig  such  goods. 

I  24,  It  any  goods  are  unlawfully  imported  on  any  railway  they  shall,  in  like  niaii- 
liier,  be  seized  aud  forfeited,  and  the  car  in  which  such  goods  were  so  imported  shall 
IIh)  seized  and  detached  from  the  train  and  forfeited  ;  aud  any  conductor,  baggago- 
linaster,  or  ..iiy  officer  or  servant  employed  on  any  railway,  and  auy  ofiUcer  or  servant 
IfiDpioycd  by  any  express  company,  who  is  jmvy  to  or  aids  or  abets  in  snch  unlawful 
linilioilation,  shall,  upon  summary  conviction  thereof,  be  liable  to  a  line  of  not  less 
ItbanjaO  nor  more  than  $200,  or  to  imprisonment  for  not  less  than  three  months  nor 
Imoretliau  twelve  months,  or  to  both  iine  and  imprisonment  within  the  said  limits. 

io.  The  uuiNtcr  of  every  vessel  coming  from  any  port  or  place  out  of  the  Dominion 
liif  Canada,  or  coastwise,  and  entering  any  port  in  Canada,  whether  laden  or  in  ballast, 
Itliall  go  without  delay,  wheu  such  vessel  is  anchored  or  moored,  to  the  cnstom-houso 
■lot  the  port  or  place  of  entry  where  he  arrives^  and  there  make  a  report  in  writing  to 
[the  collector  or  other  proper  officer,  of  the  arrival  aud  voyage  of  such  vessel,  stating 
tiiirname,  country,  aud  tonnage,  the  port  of  registry,  the  naun  of  the  master,  the 
Iconntry  of  the  owners,  the  number  and  names  of  the  passengers  (if  any),  the  number 
loftbc  crew,  aud  whether  she  is  laden  or  in  ballast,  and  if  laden,  the  marks  aud  uum- 
Ibirs  of  every  package  and  parcel  of  goods  on  board,  and  where  the  same  was  ladon, 
lauil  the  particulars  of  any  goods  stowed  loose,  and  where  and  to  whom  consigned,  ami 
litlirnany  and  what  goods,  if  any,  have  been  laden  or  unladen,  or  bulk  has  been 
llimkn,  during  the  voyage,  what  part  of  the  cargo  aud  the  number  and  names  of  the 
Ifassciij.'oi'H  which  are  intcudcd  to  bo  landed  at  that  port,  and  what  aud  whom  at  any 
fctlicrport  in  C'auada,  and  what  part  of  the  cargo  (ii'any)  is  intended  to  bo  exported 
lintbesanie  vessel,  and  what  surplus  stores  remain  on  board — a«  far  as  any  of  such 
IfavticnlarH  can  bo  known  to  him. 

.,'6,  lu  the  case  of  every  vessel  bound  for  any  seaport  in  Canada,  from  any  port  out 
pf  Canada,  the  collector  or  proper  officer  of  such  Canadian  port  may  cause  such  ves- 
Itohc  boarded  by  an  officer  of  customs,  detailed  by  him  for  such  service,  at  any 
IjiLue  within  3  niariuo  miles  of  the  anchorage  ground,  and  such  officer  may  do- 
ttwnd  trom  tho  master  or  purser  of  such  vessel  a  correct  copy  of  the  report  inwards, 
pteiided  by  him  to  be  presented  at  the  custom-house  on  arrival.    Such  l)oarding  ofli- 
jter may  remain  on  i,o..rd  the  vessel  until  she  anchors,  aud  the  copy  of  tho  report  ho 
JKioivcd  by  him  shall  be  deposited  by  him  at  tho  custom-house  as  the  vessel's  report 
jiDwards  for  comparison  with  that  to  bo  i)resented  by  tho  master  in  person. 
1  '.'(.  The  master  or  person  in  charge  of  any  vessel,  whether  laden  or  in  ballast,  arri  v- 
Bngliy  inland  navigation  in  any  port  or  place  of  entry  in  Canada,  from  any  place  be- 
jjoiidthe  limits  of  Canada,  and  having  any  goods  therein  (whether  auy  duty  bo  pay- 
iWeon  su      B;oods  or  not)  shall  go  without  delay,  when  such  vessel  is  an<;hored  or 
Eonri'd,  dii.  niy  to  the  custom-houso  for  such  port  or  place  of  entry,  aud  make  a  re- 
port in  writing  (in  such  form  as  maybe  appointed  for  that  purpose  by  competent 
Mthority),  to  tho  collector  or  other  proper  officer,  of  the  arrival  of  such  vessel,  stating 
Id siicli  report  the  marks  and  numbers  of  every  package  and  parcel  of  goods  in  snch 
|f86sci,  or  iii  the  charge  and  custody  of  such  person,  from  what  place  the  same  j.ro 
^pcctfully  bronght,  and  to  what  place  ai;d  to  whom  consigned  or  belonging,  as  i'ar 
issuch  particulars  are  known  to  him  ;  and  ho  shall  then  and  there  produce  such  j<-ood8 
0  the  collector  or  other  proper  officer,  and  shall  deciaro  that  no  goods  have  b*  en  nu- 
ladcnfrom  such  vessel  or  have  been  put  out  of  his  po8s<!88ion,  between  tho  time  o/his 
Miaing  within  the  limits  of  Canada  and  of  his  making  his  report  aud  affidavit  and 
pall  further  answer  all  such  questions  concerning  such  vessel  or  goods  as  ure  do- 
paded  of  him  by  such  collector  or  officer. 

|iW.  The  master  shall  at  tho  time  of  making  his  report,  if  required  by  tha  officer  of 
|Mtoni8,  protiuco  to  him  the  bills  of  lading  of  the  cargo,  or  true  copies  thereof,  and 
fiiallniake  and  subscribe  an  affidavit  referring  to  his  report  aud  dec'arin';  that  all  tho 
™ments  made  in  tho  report  are  true ;  and  shall  further  answer  aii  such  ques  ions 
joiiccrning  the  vessel  and  cargo,  and  the  crow,  and  tho  voyage,  as  shall,  ba  demanded 
■"uiniby  such  officer,  aud  shiril,  if  reqi.ired,  make  the  substance  of  any  such  auswer 
"1  of  his  report. 


RIGHTS   OF   AMERICAN   FISHERMEN. 


'fP%' 


ti     *•     '     ' 


2{).  If  any  ftoodn  aro  iinladcn  from  any  vcHstsl  lioforo  such  report  bo  niadc,  (iriiti,,  I 
niastor  failfi  to  inako  Hnoli  report,  or  niakey  an  ilntruo  report,  ordoes  not,  tviilyaiiBww 
IIk- (|ii('Htion.s  (li'nianded  of  liini,  a«  provided  in  the  next  precodin<i  Hcctioii/hw  |,|,j 
forfeit  tlio  mini  of  ^400,  and  the  vchhoI  may  bodotaintid  until  the  H.'iid  fine  Im^  ]iaiil. 

:!().  Any  goodH  not  reported,  found  on  board  of  any  vcHsel  or  landed,  sliall  iKiNeiadl 
an<l  forfeited,  tiidcHs  it  appears  that  there  was  no  frau(hilent  intention,  in  wliidicai^j 
llm  nniHter  nhail  lie  alh)wed  to  amend  his  report;  but  the  necessary  (Usciiaijjini;  of  I 
any  floods  for  the  pnri)OHe  of  lif^fhteninK  the  vessel  in  order  to  pass  any  slioal,  orotli. 
erwise  for  the  safety  of  such  vessel,  shall  not  bo  deemed  an  unlawful  landing  or  break- 
injuof  bulk. 

:{1.  If  the  contents  of  any  package  intended  for  importation  into  anotlioiport  or 
for  exportation,  bo  unkuowu  to  the  master,  thootlicer  may  open  and  exauiiiie  it,  and  1 
(!auso  It  for  that  i)urpo80  to  be  landed  if  he  sees  lit;  and  if  any  i)roliibito(l  goods Iw I 
found  therein,  all  the  floods  in  siu;h  package  shall  be  seized  and  forfeited.  I 

:W.  In  order  to  avoid  injurious  delay  to  steamers  and  other  vessels  undor  ccrtaiu  1 
circumstances,  the  fj[ovcrnor  in  council  nuiy  nuiko  such  regulations  as  may  beconsid-l 
ered  advisable  for  the  appointment  of  sulferanco  wharves  and  v\  areliouscH,  atwhicli] 
goods  arriving  by  vessels  in  transit  to  other  jiorts,  or  confined  to  ((jrtaiM  days  of  de- 1 
parture.may  belauded  and  afterward  stored  before  entry,  such  vessels  beiii«  diil>' I 
reported  to  the  custom-house,  and  having  obtained  the  collector's  warraut  tor  the 
]iurpose ;  provided  such  landing  bo  eft'ecteil  between  sunrise  and  sunset,  on  a  dayuot  1 
being  Sunday  or  a  statutory  holiday,  and  provided  the  goods,  on  being  ho  lan(le(l,an(  I 
immediately  stored  in  some  such  approved  suflerance  warehouse,  and  such  goods] 
shall  be  thereafter  dealt  with  by  tii3  customs  as  prescribed  by  law  ;  but  iiotliiug  in  I 
this  section  shall  aifecfc  any  contract,  express  or  implied,  between  the  master  or  owner  I 
of  any  such  vessel  and  the  owner,  shipper,  or  consignee  of  any  such  goods  as  afore! 
said,  or  the  rights  or  liability  of  any  party  xnnler  such  contract;  ami  i)rovide(l  fur! 
ther,  that  the  governor  in  coinicil  may  make  similar  regulations  for  the  appointment  I 
of  sutl'erance  warehouses,  i;i  which  goods  arriving  by  railway  may  bo  stored  \k'm\ 
entry,  such  goods  having  been  duly  rei)orted  to  tlio  collector  or  proper  oiBcerofcnij 
tonis.  ! 

;{;{.  The  conductor  <)t\  very  railw.ay  train  carrying  freight  arriving  at  any  port  in  j 
Canada  from  any  foreign  port  shall  come  directly,  and  before  bulk  is  broken,  to  the! 
c.uHtom-house  at  such  port,  and  report  all  merchandise  on  board  his  train, or  in  any! 
]>aiticular  car  belonging  to  such  train,  statin^  the  marks  and  numbers  of  cvory  pack- [ 
age  and  parcel  of  goods  on  board,  and  where  the  same  was  laden,  and  where  aud  to  j 
whom  consigned,  and  whatjiart  thereof,  if  any,  is  intended  to  pass  in  /frtnst/»tliroiigh| 
(Canada  to  some  p()rt  or  place  in  the  United  States,  or  to  bo  transhipped  at  Bomoothorj 
l)ort  in  Canada,  to  be  exported  to  a  port  or  place  out  of  Canada;  and  if  auygoodsj 
are  unladen  before  such  report  is  made,  except  by  written  permission  of  the  collector, f 
or  j)roper  otlicer  of  customs,  or  if  the  conductor  fails  to  make  such  report,  ormakesj 
an  untnu)  report,  or  does  not  truly  answer  any  questions  put  to  him  respoctihg  the! 
same,  he  shall  forfeit  the  sum  of  l|400.  | 

;{4.  The  person  in  charge  of  any  vehicle,  arriving  by  land  in  any  j)luco  in  Caiiadii,! 
and  containing  goods,  whether  any  duty  be  payable  on  such  goods  or  not,  and  tlio  j 
person  in  charge  of  any  vehicle  so  arriving,  if  the  vehicle  or  its  littingH,  tiirniithingsj 
or  appurtenances,  or  the  animals  drawing  the,  same  or  their  tackle,  is  or  are  liable  tol 
duty,  aiul  any  person  whosoever  so  arriving  in  Canada  from  any  port  or  place  out  oil 
Canada,  on  foot  or  otherwise,  and  having  with  him  or  in  his  charge  or  custody,  iinyl 
goods,  whether  such  goods  be  dutiable  or  not,  shall  come  to  the  nearest  cnstom-li 
or  to  the  station  of  the  nearest  oilicer  of  customs,  before  unlading  or  in  any  iiiannerl 
disposing  of  the  same,  and  make  a  report  in  writing  to  the  collector  or  proper  otiicerl 
of  customs,  stating  the  contents  of  each  and  every  package  and  jiarcel  of  ^oods,  and! 
the  ((uantities  and  values  of  tho  same ;  and  shall  also  then  answer  all  (iiiestioiis  re-l 
specting  such  goods  or  packages,  and  tho  vehicle,  littiugs,  furnishings  andappurto-j 
nances,  and  animal.s,  and  the  tacklo  appertaining  thereto,  as  the  said  collector, orl 
proper  ofticer  of  customs,  may  require  of  him,  and  shall  then  and  there  make  due  enr 
try  of  the  same,  in  accordance  with  tho  law  in  that  behalf.  J 

'.i^K  Fresh  lish,  coin,  or  bullion  may  bo  landed  without  entry  or  warrant,  a«  niayl 
also  goods  in  any  stranded  or  wrecked  vessel ;  provided  they  bo  duly  roiiorted  ami 
entered  as  soon  as  possible  after  being  safely  deposited  on  shore,  and  that  theland-l 
lug  bo  in  presence  of  an  officer  of  the  customs  or  receiver  of  wreck,  or  other  pprsonj 
authorized  to  do  the  acts  of  such  receiver  I'uder  "  the  wreck  and  salvage  act,  W3|"o 
any  act  amending  the  same. 

36.  If  a  vessel  having  live  stock  or  perishable  articles  on  board  arrives  aftCTbniij 
iiess  hours,  the  collector  or  any  ofliccr  at  the  port  may  permit  the  master  to  unhidolH 
same  before  report ;  but  report  shall  in  such  case  be'made  aa  soon  as  may  beaftertW 
next  opening  of  the  customs  office.  J 

37.  The  governor  in  council  may,  by  rogalation,  declare  any  trade  or  voyajjeos 
the  Bcas,  rivers,  lakes^  or  wators,  within  or  a(\jacoiJt  to  CiiJiada,  whether  toorfwif 


BIGHTS   OF   AMERICAN    FISIIEKMEN. 


353 


I  j.i,,.  williin  or  without  Ciiuiula,  to  lio  a  eoastiuj?  trade  or  a  coaBtiiig  voya^je 
t'  li'iidieiiii'iiiiiiif?  of  tliiH  act,  whothor  hucIi  Koas,  rivorH,  lak<!S,  or  waters  are  or  are 
F    „,.(,jfnii»liiciill,v  or  (or  the  iiurposesol"  other  acts  or  hiws,  inland  waters;  and  all 

rviii"  kV  water,  which  is  not  a  carrying  by  sea  or  coastwise,  shall  be  deemed  to  bo 
krirrynig  I'y  inland  navigation  ;  and  the  governor  iu  council  may,  from  time  to  t  ime, 
liili  roi'aid  to  any  such  coasting  trade,  dispense  with  such  of  the  requirements  of  this 
let  lis  b°  Jct'ius  it  inexpedient  to  enforce  in  any  case  or  class  of  cases,  or  make  sufh 
fcrtlicr  regulations  as  ho  may  think  expedient ;  and  any  goods  carried  coastwise,  or 
Wtii  wat'cr-ljoine  or  unliulcn,  contrary  to  such  regulations  or  to  any  provision  of  this 
ift  n(itili8l>'!ii8''<l  with  by  such  regulations,  shall  bo  seized  and  forfeited. 

y.  It  shall  not  be  lawful,  unless  otherwise  authorized  by  the  governor  in  council,  to 
iiipcrt  any  goods,  wares,  ov  merchandise  from  any  port  or  place  out  of  Cainida  in  any 
Itssci  wL'ib  lias  not  been  duly  registered  and  has  not  a  certificate  of  such  registry  on 

)oai'il< 

I  ;j|  If  auj  floods  are  unladen  from  any  vessel  or  vehicle,  or  put  out  of  the  custody 

If ilie master  or  person  in  charge  of  the  same,  before  report  is  made  as  n<iuired  by 
iis  act,  or  if  such  person  or  master  fails  to  make  such  report,  or  to  produce  such 
toods  oniialjPS  an  untrue  report,  or  does  not  truly  answer  the  questions  demanded 
If  him,  lio  shall  for  each  such  ofl'cnso  forfeit  the  sum  of  $400 ;  and  if  any  such  goods 
lie  not  KO  reported  and  produced,  or  if  the  marks  and  numbers  or  other  description 
[f  jpy  packago  do  not  agree  with  the  report  made,  such  goods  or  package  sunll  be 
(eimiand  forfeited,  and  the  vessel  or  vehicle  and  the  animals  drawing  the  same 
lli,ill  be  detained  until  such  amount  bo  paid. 

1 40.  Every  inijiorter  of  any  goods  by  sea  or  from  any  place  out  of  Canada  shall, 
Iritiiiii  three  days  after  the  arrival  of  the  importing  vessel,  make  due  entry  inwards 
fsiich  goods,  and  land  the  same ;  and  every  importer  of  any  goods  imported  by  in- 
^iid  navigation  in  a  decked  vessel  of  100  tons  burden  or  more,  shall,  within  twenty- 
bar  liours  of  the  arrival  of  the  importing  vessel,  make  due  entry  inwards  of  such 
loods,  and  land  the  same  ;  and  every  importer  of  any  goods  imported  by  inlaiul  navi- 
lationin  any  undecked  vessel,  or  iu  any  vessel  less  than  100  tons  burden,  or  by  land, 
II,  forthwith,  after  the  importation  of  such  go<ids,  produce  the  same  to  the  proper 
llliccraiul  make  due  entry  thereof. 

41.  The  person  enteriug  any  goods  inwards  shall  deliver  to  the  collector  or  other 
Iwpcr  officer,  an  invoice  of  such  goods  showing  the  place  and  date  of  purchase  and 
jlip  name  or  style  of  the  firm  or  person  from  whom  the  goods  were  purchased,  and  a 
■11  description  thereof  iu  detail,  giving  the  quantity  and  value  of  each  kind  of  goods 

oiiiiported,  and  a  bill  of  tho  entry  thereof,  in  such  form  as  shall  be  appointed  by  com- 
Mi'iit  authority,  fairly  written  or  printed,  or  partly  written  and  partly  printed,  and 
iidi:itlicate,  containing  the  uame  of  tho  importer, — and,  if  imported  by  water,  the 
baie  of  the  vessel  and  of  the  master,  and  of  tho  place  to  which  bound,  and  of  the 
|lacc,  within  tho  port,  where  the  goods  are  to  be  unladen, — and  the  description  of  the 
<ls,  and  the  marks  and  numbers  and  contente  of  the  packages,  and  the  place  from 
iiliich  tho  goods  are  imported,  and  of  what  country  or  place  such  goods  are  the  growth, 
|iodiict',  or  manufrcture. 

42.  Unles.s  the  goods  are  to  bo  warehoused  iu  the  manner  by  this  act  provided,  the 
Biportcr  shall,  at  the  same  time,  pay  down,  or  cause  to  be  so  paid,  all  duties  upon  all 

8 entered  inwards ;  and  the  collector  or  other  proper  officer  shall,  immediately 
Hereupon,  grant  his  warrant  for  the  unlading  of  such  goods,  and  grant  a  permit  for 
Ibe  conveyanco  of  the  same  goods  further  into  Canada,  if  so  required  by  ths  importer. 
1 4:1  In  default  of  such  entry  and  landing,  or  production  of  the  goods,  or  jiayment 
lifiliitj',  the  oflicer  of  customs  may  convey  the  goods  to  a  oistonm  warehouse,  or  some 
ptiire  place  ajipointcd  by  tho  collector  for  such  purpose,  there  to  bo  kept  at  tho  risk 
liid  charge  of  tho  owner ;  and  if  such  goods  benotduly  en  tei'cd  within  one  month  from 
ill' date  of  their  being  so  conveyed  to  the  custom  warehou.se,  or  other  ai)i)()inted  place, 
Ind  all  charges  of  removal  and  warehouse  rent  duly  jiaid  at  the  time  of  such  entry, 
llif  Roods  isliall  be  sold  by  public  auction  to  the  highest  bidder,  and  the  i)roce<;ds 
llMiiif  shall  Ih^  applied,  fust  to  the  payment  of  duties  and  charges,  and  the  overplus, 
any,  iiltiT  di.seharging  the  vess'^l's  lien,  or  other  charges  for  transportation,  shall 
jKiiil  to  the,  owner  of  I  he  goods  or  to  his  lawful  agent;  provided,  always,  that  iu 
Iw  the  same  cannot  be  s(dd  f<u'  a  sum  sutlicient  to  pay  the  duties  and  charges  if  of- 
pd  for  sale  for  home  consumption,  or  the  charges  if  otl'ered  for  sale  for  exportation, 
Wi goods  sliiill  not  bo  sold,  but  be  destroyed. 

[*|'  Any  goods  unladen  or  landiMl  before  due  eutry  thereof  and  warrant  for  landing, 
■'1 1)0  seized  and  forfeited,  and  any  person  concerned  in  landing  or  receiving  or 
loBccaling  goods  so  lauded,  shall,  for  each  ott'ense,  forfeit  $400. 

M'l.  If  any  goods  are  brought  in  any  decked  vessel^  from  any  place  out  of  Canada  to 
^yi'oftol  entry  therein,  and  not  landt;d,  but  it  is  intended  to  convoy  such  goods  to 
pine  other  port  in  Canada  in  the  samo  vessel,  there  to  be  landed,  then  tho  duty  shall 
ft  lie  paid  nor  tho  entry  completed  at  the  first  port,  but  at  the  port  where  tho  goods 
^Icbe  landed,  and  to  which  they  shall  bo  conveyed  accordingly,  uador  such  regu- 
S.  Ex.  113 'J3 


354 


RIQHTS   OF   AMERICAN    FISUEKMEN. 


itl' 


-fi 


lutioiis  uiul  with  Hiicli  sociirity  or  procmitions  forconiplianco  with  tlio  n.'4iiiiciiicuLio( 
tUiH  act,  as  till!  governor  in  eoniicii  may,  from  time  to  tiiiio,  ai)poiiit. 

4G.  Tlic  collector  may  reqiiiio  from  the  imjjorter  (or  Irom  liis  agcut)  of  any  mxnii 
cliarj^i'd  with  tlnty,  or  comlitioiially  oxemiited  from  «luty,  or  exempt  thtTcfvoniJjtiot, 
udmittii.g  the  said  k<'*Ji1s  to  entry,  sucli  further  proof  as  he  deems  neccHsary,  liy  oaili 
or  (hjclanition,  jtroduetion  of  invoice  or  invoices,  or  bills  of  hiding  of  othL'i\vis'(.',tlu5 
such  goods  ure  proi)erly  described  and  rated  for  duty,  or  come  properly  withili  % 
meaning  of  sncli  exemptions. 

47.  Any  package  of  which  the  imjiortcr  or  his  agcut  declares  the  contents  to  be  uii. 
Icnown  to  him,  may  bo  opened  and  examined  by  tlio  collecti9r  or  other  l)rnper officer 
in  the  i)resence  of  such  importer  or  agent,  and  at  the  expeuac  of  the  iniimrtw  who 
shall  also  l)i'ar  the  expense  of  repacking. 

4H.  No  iMitry,  nor  any  warrant  for  the  landingofany  goods,  or  for  the  taking  of  m; 
goods  out  of  any  warehouse  (as  hereinafter  provided)  shall  be  deemed  valid,  niile« 
the  particulars  of  tho  goods  and  i)ackages  in  such  entry  or  warrant  eorrcspoml  ffiih 
the  particulars  of  tho  goods  and  packages  purporting  to  be  tho  same  in  the  repur*  (jf 
the  vessel,  or  other  report  (where  any  is  recpiired)  by  which  the  imj>ortationoieuttt 
thereof  is  authorized,  nor  unless  the  goods  have  been  properly  described  insucheiitrT 
by  the  denominations,  and  with  the  characters  and  circumstances  according  to  which 
such  goods  are  charged  with  duty  or  may  bo  imported ;  and  any  goods  taken  ordijiv. 
ered  out  of  any  vessel,  or  out  of  any  warehouse,  or  convoyed  into  Canada  beyond  the 
jiortor  place  of  entry,  by  virtue  of  any  entry  or  warrant  not  corresiiondiii<,'  withibc 
facts  in  all  such  resjiccts,  or  not  properly  describing  the  goods,  shall  be  deemed  to  be 
goods  lauded  or  taken  w  ithout  due  entry  thereof,  and  shall  bo  seized  and  loifeitwl; 
and  the  collector  or  i)roper  officer,  after  the  entry  of  any  goods,  niuy,  on  siisiiicionof 
fraud,  open  and  examine  any  package  of  such  goods,  in  presence  of  two  or  niorecTttl- 
ible  witnesses,  and  if,  upon  exainiuation,  the  same  are  found  to  agree  with  thoeutries, 
Ihey  shall  be  repacked  by  such  collector  or  projjcr  otHcer,  at  the  public  cost,  iiit 
otherwise  they  shall  be  scsized  and  forfeited. 

41).  The  quantity  and  value  of  any  goods  shall  always  be  stated  in  the  bill  of  cutty 
thereof,  although  such  goods  are  not  subject  to  duty  ;  aud  tho  invoice  thereof  sLail 
be  produced  to  the  collecter. 

fjO.  The  surplus  stores  of  vessels  arriving  iu  Canada  shall  bo  subject  to  tbe  same 
duties  and  regulations  as  if  imported  as  merchandise  ;  but  if  the  owner  or  master  de- 
sires to  warehouse  tho  same  for  reshipment  for  the  future  use  of  tho  vessel,  tbe  col- 
lector may  permit  him  so  to  do. 

b\.  Vessels  entering  the  Gut  of  Annapolis  may  bo  reported  and  entonid,  andtbcdn- 
ties  on  goods  therein  imported  paid  either  at  the  port  of  Digby  or  Annn])olis. 

5y.  Vessels  entering  tho  Great  Bras  d'Or  aud  Little  Bras  d'Or  shall  he  rcjioited 
and  entered  at  such  place  as  tho  minister  of  customs  may,  from  time  to  time,  direct.] 

53.  If  any  goods  imported  by  water,  or  partly  by  water  aud  partly  by  laiid.onl 
on  which  duties  (ad  valorem  or  specitic  or  both)  are  i)ayal)le,  receive  damage  (luring  j 
the  voyage  of  importation  betweeu  the  actual  departure  of  the  vessel  in  which  theyl 
are  laden  from  the  forei.'ju  port  of  expor^•ltion  aud  the  actual  arrival  of  tho  gocKUj 
at  the  port  of  destination  iu  Canada,  whereby  such  goods  have  become  lessened  inl 
value,  iin  abatement  may  be  made  in  the  manner  hereinafter  provided  in  tho  datyl 
payable  upon  such  goods,  or  in  case  duty  has  been  paid  thereon,  a  refund  of  a  part  ofl 
such  duty  may  be  made  proportionate  to  thie  damage  sustained  ;  provided  the  claiiii| 
therefor  is  made  in  due  form  and  i>roperly  substantiatedat  tho  first  lauding  fromsiichl 
vessel  of  the  goods,  and  while  they  are  ia  tho  custody  of  the  Crown,  or  as  hooii  afiefl 
such  first  landing  as  they  can  be  examined;  provided  also,  that  such  csaniiuatioiilie| 
completed  and  certified  by  the  collector  of  customs,  customs  appraiser,  or  other  properl 
ollicer,  whoso  duty  it  shall  be  to  assess  such  damage  within  tea  days  of  8uchlaijdiiig.[ 

54.  If  any  goods  imported  by  railway,  or  by  any  other  laud  vehicle,  on  which  dutial 
(ad  valorem,  or  specific,  or  both)  are  payable,  receive  damage  during  the  course  ofl 
transportation,  after  th«y  are  laden  on  such  railway  or  other  vehicle,  and  before  tlieyj 
arrive  at  the  Canadian  port  of  destination,  whereby  ihey  become  lessened  iuvahiej 
an  abatement  may  be  made  in  tho  manner  hereinafter  provided  in  tho  duty  payaUsI 
upon  such  goods,  provided  the  claim  for  such  abatement  is  made  in  duo  form  ffitl!iii| 
tcu  days  of  tho  arrival  of  such  goods  at  the  Ci'.nadian  port  of  destiuatiou,  aud  sub-I 
stantiated  in  the  same  manner  as  provided  in  the  next  preceding  section.  1 

55.  The  collector  of  customs  or  appraiser  or  other  proper  officer  whoso  duty  it  marj 
be  to  examine  and  assess  the  amount  of  damage  sustained  oa  voyage  or  in  conrscoffl 
importation,  shall  do  so  with  all  possible  dispatch  oa  being  notified  to  thatcffectJ 
and  shall  certify  to  the,  exact  cause  and  extent  of  such  damage  with  reference  to  th«l 
value  of  tho  goods  in  the  principal  markets  of  the  country  whence  iuix)orted,8iidii(it 
according  to  the  value  iu  Canada. 

5G.  Tho  collector  or  appraiser  shall  not  regard  as  evidence  of  the  existenceol 
amount  of  damage  any  price  realized  at  an  auction  or  forced  sale  thereof,  nor  siialil 
le  estimate  uor  shall  any  damage  bo  allowed  which  may  haveoriginate<l  from  decaji,r 


RIGHTS    OF   AMERICAN   FISHERMEN. 


355 


L  „,mcs8  or  otber  caiiHO  exiHtlug  before  tL;^  voyafjo  couinionced,  uii< 
tiiiloieil  the  ^oodH  unlit  to  vvitbHtand  the  ordinary  risks  of  the  voyaj 


and  wliicli  may  liavo 
imilcreil  tUo  iiooiiH  miuij  uj  vYiiiuontim  mo  uiviiiiui^  iibivd  ui  mo  voyayoot  importation, 
fc  r  shall  111)  uNtiniate  nor  shall  any  allowance  be  made  for  or  duty  refunded  for  rust 
k  iron  or  steel  or  any  manufacture  thereof,  except  on  polished  Russia  iron  and  Can- 
hlaiiliitca,  and  on  such  only  to  the  extent  of  fiO  per  cent.,  nor  shall  any  allowunco  bo 
Kadefurs'taiusor  injury  to  any  packages  holding  liquids,  or  the  labels  thereon,  unless 
Ipcouti'iitHof  N"*-''i  packages  have,  at  the  same  time,  received  actual  specific  damage 
iv  the  iuimixtiui)  therewith  of  water  or  other  foreign  substance. 
J*.  L'lwii  the  collector  or  ajipraiser  ascertaining  the  ])ercentag«  of  damage,  such 
jcniutajjo  shall  he  deducted  from  the  original  value  thereof,  and  duty  shallthen  be 
t\ld  and  collected  on  sneh  reduced  value  at  an  ad  valorem  rate  which  shall  be 
idiiivaleiit  to  the  rate  of  specilic  or  specific  and  ad  valorem  duty  which  should  have 
l^i.,n,„| looted  upon  such  goods  if  they  had  not  been  so  damaged. 

jfi.  When  any  vessel  isentered  at  the  cu8toni-]'"rse  at  any  port  in  Canada,  on  board 

if  ftliich  there  are  any  goods  on  which  any  duvy  has  been  levied  or  collected  or  on 

Itliich  any  duty  has  been  deposited,  and  thereafter  the  said  goods  are  lost  or  destroyed 

Lluri;  the  same  arc  landed  from  such  vessel,  or  from  any  vessel  or  craft  employed  to 

luliteu  such  vessel,  then,  on  proof  being  made  on  the  oath  of  one  or  more  credible 

Viluc.'-sor  witue8i>e8,  bci'ore  and  to  the  satisfaction  of  the  collector  or  proper  officer  of 

Lcnstonisat  the  j)lace  (who  shaM  administer  the  oath)  that  such  goods,  or  any  part 

Smof  (specifying  the  same),  have  been  so  lost  or  destroyed  before  the  landing  of  the 

Lie  the  duties  on  the  whole  or  the  part  thereof  so  proved  to  bo  lost  or  destroyed 

'  il'tiie  same  have  been  paid  or  deposited,  bo  returned  to  the  owner  or  his  agent. 

I  lit.'lt'  any  vessel  liaving  received  damage  puts  into  a  pet  in  Canada  to  which  she 

iuot  liuand,  having  dutiable  goods  on  board,  which  it  may  be  necessary  to  land  for 

;  imrpose  of  i('])airing  the  vessel  in  order  to  enable  lier  to  proceed  on  her  voyage,  the 

iolkil()r,  upon  api)lieation  of  the  master  or  agent,  may  permitsuch  goods  to  bo  unladen 

1  (leiKiHite<l  ill  a  warehouse  in  the  custody  of  the  collector;  and  the  collector  shall 

to  to  bo  taken  an  exact  account  of  the  packages  and  contents,  and  entry  of  the 

Lils  shall  then  be  made  by  the  master  or  agent  as  hereinbefore  directed,  and  they 

biillreniain  in  the  custody  of  the  collector  until  the  vessel  ."3  ready  for  sea,  when  ujioii 

Javuient  of  storage  and  the  reasotiahlo  charges  of  unlading  and  storing,  the  collector 

kail  deliver  np  the  same  to  the  master  or  agent  to  bo  exported  or  carried  coastwise,  as 

■  ciii-e  may  lie,  under  the  same  security  and  regnlatiors  as  if  such  goods  had  been 

kiiKirted  in  the  usual  manner,  and  without  payment  of  duty.    No  person  shall  be  en- 

kil  to  the  beiielit  of  this  section  who  shall  have  sold  any  of  sneh  goods,  except  such 

lit  way  have  been  necessary  to  sell  to  defray  the  expense  of  repairs  and  charges  of 

fce vessel,  or  as  may  have  been  authorized  by  the  collector  of  customs  ;  and  if  goods 

|i  fold  for  payment  of  repairs  and  charges  tJiey  shall  be  subject  to  duty,  and  shall  be 

lardioHsed,  ov  the  duties  thereon  paid  by  the  purchaser. 

m.  Goods  derelict,  flotsam,  jetsam,  or  wreck,  or  landed  or  saved  from  any  vessel 
rcAed,  stranded,  or  lost,  brought,  or  coming  into  Car.ada,  shal'  bo  subject  to  the 
Ime  duties  and  regulation  as  goods  of  the  like  kiiiu  imported  are  subject  to. 
[cl.  If  any  iierson  has  in  his  possession,  in  port  or  on  land,  any  goods,  derelict,  flot- 
Im,  jetsam,  or  wreck,  the  san  6  being  dutiable,  and  does  not  give  notice  thereof  to 
leiiLiirest  officer  of  customs  witnout  unnecessary  delay,  or  does  not  on  demand  pay 
lediities  thereon  or  deliver  the  samo  to  the  proper  otiicer,  he  shall  forfeit  $200,  in 
Iditiou  to  all  other  liabilities  and  penalties  incurred  by  him,  and  the  goods  shall  be 
lizcd  nud  forfeited ;  and  if  any  person  removes  or  alters  in  quantity  or  quality  any 
Ichiioods,  or  unnecessarily  opens  or  alters  any  package  thereof  or  abets  any  such 
Itkfoic  the  goods  are  deposited  in  a  warehouse  under  the  custody,  of  the  customs 
prs,he  shall,  in  addition  to  all  other  liabilities  and  penalties  incurred  by  him,  for- 

If  the  duties  on  such  goods  are  not  paid  within  eighteen  mouths  from  the  time 
fieii  the  same  were  so  delivered  as  aforesaid,  the  same  may  bo  sold  in  like  manner 
Itor  the  same  purposes  as  goods  imported  may  in  such  default  be  sold;  if  they  are 
ilfornioro  than  enough  to  pay  the  duty  and  charges  thereon,  the  surplus  shall  bo 
fcilovtr  to  the  person  entitled  to  receive  it. 

M.  All  goods  exempt  from  duty  as  being  imported  or  taken  out  of  warehouse  for  the 
(of  Her  Majesty's  troops,  or  for  any  purpose  for  which  such  goods  may  bo  imported 
Kdfduty,  sliall,  in  case  of  the  sale  thereof  after  importation,  become  liable  to  and 
[cliarged  with  the  duties  payable  on  like  goods  on  their  importation  for  other  pur- 
'fs;  and  if  such  duties  be  not  paid,  such  goods  shall  bo  forfeited .  and  may  be  seized 
J  dealt  with  accordingly. 

In  all  cases  where  duties  are  charged  according  to  the  weight,  tale,  gauge,  or 
lasnre,  such  allowances  shall  bo  made  fortare  and  draft  upon  the  packages  asmay  bo 
piited  i)y  regulation  made  by  the  governor  in  council ;  but  when  the  original  in- 
|cptii'any  goods  is  produced,  and  a  declaration  of  the  correctness  thereof  made  as 

natter  provided,  the  tare  according  to  such  invoice  shall  be  deducted  from  the 


350 


RIGHTS    OF   AMERICAN    FISIIEKMKN. 


iiiari 


f;r<)88  \vcij;lil.  •.('  tlici  n'liods  instcail  of  llio  iillii\Viiiii;fH  iifort^Hiiid  ;  miIiJccI,  lnny,,,.,,^  | 
8iicli  rmtlioi  it^jjiiliilioii  iiH  fli('  <fi)vciii()i'  ill  ( oiiiicil  iiiiiv,  from  tiiiii^  to'  limi',  mjii^,,  ' 

(if).  Tim  collector  or  any  iil>|»rai.s(',r  iinihu"  tlilM  act,  may  takr  isaiii|(lr,s  utanv  mmii 
iiiil>ortc(l,  for  tlio  purpoMo  of  awciTtaliiiiiK  wlicllurr  any  and  wliat  tlntirs  ;iri' hiiyni, 
oil  Hii(;li  goods,  and  biicIi  HuniplcH  Hliall  bo  diHi^oBod  ol'  as  tlio  niinistcr  of  oiisioms 
diri'ct. 

<iii.  Tliii  (fovernor  ill  council  may  apjioint  one  or  more  apprainciH,  to  bocailcilf), 
million  ciiHtonis  aiipraiscrs,  with  juriMlic^tion  at  all  jiortn  and  placcH  in  (,';iii;i(l;i'  ai!,! 
iiiny  also  appoint  <UHtomH  appraistTH  with  jurisdiction  af  siicli  porta  and  iiliKiJi 
(.'aiiada  as  iiiiiy  bo  dcsijfnatcd  in  tlic  order  in  council  in  tliat  hclialf;  and  im  h sm 
iippraiscr  sliall,  before  actiuj;  as  such,  take  and  Hubscrihe  the  foUowiiiL;  oaili  iii'nilid 
ipcJore.  any  ccdlector  or  other  person  duly  aiithori/.ed  to  administer  sucli  ojiili; 

"I,  A.  U.,  having  been  appointed  an  appraiser  of  j^oods,  wares,  and  iiicii'lminlijj 

and  1o  act  as  sneli  at  the  ]iort.  of (or  as  the  ease  niay  be,),  do  hiiloiiiiilvMvcaJ 

(or  allirm)  that  1  will  faithf;;'Iy  iicrform  th(\  duties  of  the  said  ollico  williontMil 
lialily,  fear,  favor  o)- ali'ection,  and  that  I  will  ajipraiso  the  value  of  all  jjdiuls subT 
milted  to  my  appraisement  aceordinj;  to  the  triit^  intent  and  ineaniii;^  of  tlio  lawsjui 
pobintf  duties  ol'  cust(tms  in  this  Dominion;  anil  that  I  will  use  my  Itcst  fiidoavoif 
to  prevent  all  fraud,  suliterfuj^e.or  evjision  of  the  said  laws,  iind  more  I'sin'cially 
detect,  expose,  iind  friistrate  all  atteii  |>ts  to  undervalue  iiny  {;ood8,  warvs,  or  m 
chuiulise  on  which  any  duty  is  chargeable.     So  help  me  God." 


A.  B. 


help 
Appraiser  for 


wt 


"Sworu  before  me,  this 


(as  the  case  may  lie.) 


IS     ."  (as  the  case  may  be.) 


(lav 


ill.  If  no  ajipraiser  is  appointed  in  .'uy  port  of  eutry,  the  coUector  there  shall  aJ 
as  appraiser,  hut  without  taking  any  special  oath  of  oihce  as  such  ;  and  llic  miiiisiil 
of  customs  may,  at  any  time,  direct  any  apnraiscr  to  attend  at  any  jx-rl  or  |ilaif  lil 
the  purpose  of  valuing  any  goods,  or  of  actinji  as  appraiser  there  iluiin;,' aiiytlmii 
which  such  apjiraiser  shall  accordingly  do  without  taking  any  i.ew  oailioi  olli(c;aJ 
every  ai)prai8er  sliall  be  deemed  an  officer  of  the  customs. 

iiti.  Where  any  duty  ad  valorem  is  imposed  on  any  goods  imported  iutoCauiida.tlil 
value  for  duty  shall  be  the  fair  market  value  thereof,  when  sold  for  ImiiKi  ciHisumii 
lion,  in  the  principal  markets  of  tUe  country  whence  and  at  the  f  iiiie  when  tlit  m\ 
were  exported  directly  to  Canada.  , 

()9.  Such  market  value  shall  bo  tlio  fair  market  A'alue  of  such  goods  in  tlic  iisiiJ 
and  ordinary  commercial  acceptation  of  the  term,  at  the  usual  and  onlinuiy  cwlij 
iiud  not  the  cash  value  of  such  goods,  except  in  cases  in  which  the  artici '  iniiinriiii 
by  universal  usage,  considered  and  known  to  be  n  cash  article,  and  so  bona  tide pai] 
for  ill  all  transactions  in  relation  to  such  article;  and  all  invoices  represoutin;' cas 
values,  except  iu  the  special  cases  hereiubelore  referred  to,  shall  be  suhjoct  to  siicl 
additions  as  to  the  collector  or  appraiser  of  the  port  at  which  they  are  p resell Itilni^ 
appear  just  and  reasonable,  to  bring  up  the  amount  to  the  true  and  fair  market  valm 
as  required  by  this  spction. 

70.  Where  a  drawback  of  duties  has  been  allowed  by  the  goverunieut  of  tbccoiMti 
■where  the  goods  were  manufactured,  the  amount  of  audi  drawback  shall  be  tatej 
and  considered  to  be  a  part  of  the  fair  market  value  of  such  goods ;  and  in  eases wb 
the  amount  of  such  drawback  has  been  deducted  from  the  value  of  such  goods  if 
the  face  of  the  invoice  under  which  entry  is  to  be  iria<le,  or  is  tiot  shown  tliemii 
the  collector  of  customs,  or  proper  otlicer,  shall  add  the  amoiint  of  such  ilediiction^ 
drawback  and  collect  and  caut*  to  bo  j)aid  the  lawful  duty  thereon. 

71.  No  deduction  of  any  kind  shall  be  allowed  from  the  value  of  any  uoods  i^ 
ported  into  Canada  because  of  any  drawback  ]>aid  or  to  bo  paid  thereon,  or  beciiM 
of  any  special  arrangement  between  the  seller  and  purchaser  having  relweiicetntll 
ex])ortatioii  of  such  goods,  or  the  exclusive  ri^^ht  to  territorial  limits  for  tiii'* 
thereof,  or  because  of  any  royally  payable  ujiou  patent  rights  but  not  iiayabli|»l» 
goods  are  jmrehased  for  exportation,  or  «>u  acctmnt  of  any  other  considerHlinu • 
which  a  special  reduction  in  price  might  or  coul.l  bo  obtained  ;  provided  tliatnolj 
jug  herein  shall  be  understood  to  ap))ly  to  general  tluctuations  of  inarUet  valma. 

72.  No  deduction  from  the  value  of  goods  contained  iu  any  invoice  shall  beallowj 
on  account  of  the  assumed  value  of  a  package  or  packages,  where  no  cliarj;i!for8a| 
package  or  packages  has  been  made  iu  such  invoice  ;  and  where  such  cliari;ei 
it  shall  be  the  duly  of  the  customs  officer  to  see  that  the  charge  is  fair  and  reasnnii)| 
and  represents  no  more  than  the  original  cost  thereof. 

73.  No  deduction  from  the  value  of  goods  in  any  invoice  shall  he  inado  on  afcij 
of  charges  for  packing,  or  for  straw,  twine,  cord,  paper,  cording,  wiring,  or  wtN 
or  for  any  expense  incurred  or  said  to  have  becu  incurred  iu  the  prepaialioin 


RIGHTS   OF   AMERICAN   FISHERMEN. 


357 


uckiii"  ••'  K"'"!'*  ^'"''  ^*li'l'™*^"*'  ""'^1  "^'  s"cli  chargL'H  aud  expenses  shall,  in  all  cases, 
lisinclmli'il  iiH  |>firt  ofllio  valuo  for  duly. 

■\  ihn  ^'ovcnior  .11  conucil  iiiiiy  provide  that  in  the  cases  and  on  the  conditions  to 

'  iiiniiiiiicil  ill  lliiMirder,  goods  liona  lido  exported  to  Ciiuada  IVoiii  anj  country,  but 
•,i„  ,„  irciixilii  ihrougli  anoihcr  country,  shall  lie  valued  lor  duty  as  if  they  wore 
I    i,Pi"(i{lii('('lly  1m)ui  such  tirist-nii'utioui'u  couatry. 

:j.  Till! '*ti""l'"''''^ '"'  iiistrunu'Uts  liy  wliich  the  colors  and  grades  of  sugar  are  to  ho 

,ii'|.il,.il,  jiiid  llu!  clii.-ss  to  which  sugars  shu  11  he  held  to  Ixdoiig,  with  reference  to  duty 
tliar"i'atilnlli<'i'<'""'  shall  he  selected  and  furnished  fnjui  time  to  time  to  the  collectors 

I'siilli  liorts  (if  entry  as  may  he  necessary,  hy  the  minister  ot  customs,  in  such  niau- 
lieruslH' iiii'.V  deem  expedient;  and  the  decision  of  ihe  ajijiraiser,  or  of  the  collector 
ifaiiort  wliere  there  is  no  appraiser,  as  to  the  class  to  which  any  sugar  belongs,  and 
Ijiciliifi''** '"  ^^'l''t'''  't  is  subject,  sliall  be  dual  and  conclusiv*',  unless  upon  appeal  to 
IlKcniimiiss'oiier  of  customs,  within  thirty  days,  such  ilecision  be,  with  the  approval 
kfilii'  iiiiiiister,  changed;  the  decision  of  the  c(ninuissioner,  with  such  approval,  shall 
Ibriiliolimil. 

;ii.  All  ca-M -Juice,  siruj)  of  sugar  oi*  of  sugar-caue,  mclado,  concentrated  melado 
IrcouiTiitriitei;  iiiohisses,  enleied  asniolai-ses,  or  under  any  other  miine  than  cane-juice, 
liriiiKif  siiKiii"  "1  <d'  sugar-cane,  niilado,  concentrated  melado,  or  concentrated  nio- 
|a,>scs,  shall  lie  sci  ?cd  and  forfeited. 

",  The  value,  for  duty  on  which  any  ad  valorem  duties  on  sugar,  molasses,  melado, 
kniiiof  sugar,  or  sugar-cane,  Biruj)  of  molasses  or  of  sorghum,  concentrated  melado 
fcrtonwntiated  molasses,  and  sugar  candy,  shall,  unless  otherwise  provitled,  bo  cal- 
[nliitwl  and  taken,  shall  include  the  value  of  the  packages  containing  the  same,  and 
lliifihippiiig  and  other  charges  on  such  articles;  and  the  value  for  duty  shall  be  the 
jialucof  tije  goods  "  free  on  hoard,"  at  the  place  or  port  whence  last  exported  direct 
loCaiiada;  and  the  governor  in  council  shall  have  power  to  declare  what  charges 
ihali  lie  included  in  such  value  so  delined. 

7i*,  Tlio  jjovcrnor  in  council  shall  have  jiower  to  interpret,  limit  or  extend  the 
BMuiiig  of  the  conditions  upon  which  it  is  provided  in  any  act  imposing  dulii^s  of 
tiisKims,  thai  any  article  may  bo  imported  free  of  duty  for  special  purposes,  or  for 
fcaMidilar  idijcicts  or  interests  ;  and  to  make  regulations  either  for  declaring  or  tlelin- 
lucwhiit  cases  shall  come  within  the  conditions  of  such  act,  and  to  what  objects  or 
Inicii'sts  (if  an  analogous  nature,  the  same  sliall  apply  and  extend,  and  to  direct  the 
fcavmciit  <ir  uon-paynicnt  of  duty  in  any  such  case,  or  the  reniissiou  thereof  by  way  of 
[iniw'jiic'k  if  such  duty  has  been  paid. 

;;!.  ll'tlio  iinporter  of  any  goods  whereon  a  duty  ad  valorem  is  imposed,  or  the  per- 
(iiiiautiiori/eil  to  make  the  declaration  required  with  regard  to  such  goods,  makes 

ilMibticrilies  a  declaration  before  the  collector  or  other  proper  otlicer,  that  ho  ean- 
fcdl,  lor  want  of  full  information,  make  perfect  entry  thereof,  and  takes  the  oath  in 
Inch  cases  provided,  then  the  collector  or  officer  may  cause  such  goods  to  be  landed 
pa  liill  of  sif^ht  for  the  packages  and  parcels  thereof,  by  the  best  description  that 
aiilH!giv(5n,  aud  to  be  seen  and  examined  by  such  )»erson  and  cat  his  expense,  in  the 
|reieiiio  of  the  collector  or  jirincipal  oUieer,  or  of  such  other  olliccir  of  the  customs  as 
llial!  III!  apiKiiuted  by  the  said  collector  or  other  iiroper  oflicer,  iiiid  to  bo  delivered  to 
pii  pcrsdu,  (in  his  depositing  in  the  hands  of  the  collector  or  otlicer  a  sum  of  money 

"cirat  in  tlio  judgment  of  the  collector  or  oliicer  to  pay  tlio  duties  thereon;  and  if 
Ihu imiinrtcr  does  not  complete  a  perfect  entry  within  the  time  appointed  by  the  col- 
lttior,tlic  money  so  deposited  shall  bo  taken  and  held  to  be  the  duty  accruing  on  such 
loods, and  shall  be  dealt  with  aud  accounted  for  accordingly. 

JWI.  Such  f  iglit  entry  may  be  made  as  aforesaid  and  the  goods  may  be  delivered,  if 
[nili  importer  or  [lerson  as  aforesaid  makes  oath  or  atUrms  that  the  invoice  has  not 
1111(1  cannot  bo  produced,  and  pays  to  the  collector  or  proper  oflicer  aforesaid  a 
Him  lit' money  sntiicient  in  the  judgment  of  such  eoHcctor  or  otlicer  to  pay  the  duties 
|n«ii(li  goods,  and  such  sum  shall  then  bo  held  to  bo  the  amount  of  the  said  duties. 

:1.  Except;  only  in  cases  where  it  is  otherwise  provided  herein,  or  by  regulation  of 
lliiigovcrnor  in  council,  no  entry  shiill  be  deemed  perfect  unless  a  sntticient  invoice 
If  tlio  goods  to  bo  entered,  duly  certilied  in  writing  thereon  as  correct  by  the  person, 
■nil,  and  corporation  from  whom  the  said  goods  were  ]mrchascd,  has  been  produced 
Vibe  c(ilIector  aud  duly  attested  as  required  by  this  act. 

[82.  With  the  bill  of  entry  of  any  goods  there  shall  bo  )>rodnced  and  delivered  to 
Indlcft  with  the  collector  an  invoice  of  the  goods,  as  provided  in  the  next  preceding 
Viioii,  attested  by  the  oath  of  the  owner,  and  if  the  owner  he  not  the  person  enter- 
fag  such  jioods  then  verilicd  by  the  oath  of  the  importer  or  consignee,  or  (subject  to 
jkciirovisioii  hcieinader  made)  other  person  who  may  lawfully  make  such  entry  and 
jerily  8uch  invoice  in  tlio  form  or  to  the  v.iW  ct  of  the  oath  or  oaths  jirovided  or  to  he 

"ovidedby  order  in  council  in  that  behalf,  which  oath  or  oaths  shall  he  written  or 
Irinted,  or  partly  written  and  iiarlly  printed  on  such  invo  ,  or  on  the  bill  of  entry 
iMtlwcasc  m;iy  be),  or  shall  be  annexed  thereto,  and  shall  in  either  case  distinctly 
Tifirtosuch  invoice  so  that  there  cau  bo  no  doubt  as  to  itsbeing  the  iuvoico  to  which 


358 


TIIOIITS   OF   AMERICAN   FISHERMEN. 


sncli  oath  is  inlPiided  to  apply,  and  sliall  lio  Biibscribed  by  the  party  iiiakinff  it  yl 
ccrtillt'd  by  tLo  Hiynaturoot'  tbo  porHon  boforo  whom  it  Ih  mado;  and  tliol)illofei,|„| 
uliallulso  contain  a  Htatemont  ot'llio  quantity  and  valno  for  duty  ofllit!  H'WHlstlirrt^l 
nu'ntioiiod,  and  NJiall  lio  Hiyned  l)y  this  person  nialtinj;  tho  tintry,  and  hIiiiI!  bcvniJHl 
In  tlio  form  or  to  tlic,  cttVict  of  the  oath  provided  or  to  bi^  provided  by  <ii(l(TiiKoiiiitf| 
in  tlnit  Ix-balf 

Hit.  If  I  liero  l)<i  more  than  ouo  owner,  importer,  or  conaiKHco  of  any  ^00(18,  «iit  00.1 
of  tlieni  (M»j;ni/,ant  of  tlio  factn  may  take  tlio  oatli  required  by  thin  aiit;  ami  HiirliiiaiJ 
sliall  l)n  Hullicicnt  nnlesH  tbo  goods  liavc  not  been  obtained  l)y  purclias((  in  tiiefiril 
i)ai;\»way,  and  sonio  owner  rehident  out  of  Canada  is  tlio  nnmufaeturer  or  priHlnwrojl 
tho  goodH,  or  eoneenHul  in  the  manufacture  or  production  thereof,  in  wliich  fadeilid 
oatli  of  Miich  non-rcHi<lent  owner  (or  one  of  tiicni,  if  tin^robe  niorothan  oius) cognizantl 
of  the  fact  Mliall  bo  re(iuiHito  to  tho  due  attcHtatiou  of  the  invoice. 

81,  Tlio  invoice  of  any  goods  produced  and  delivered  to  the  collector  witli  the  1,.. 
of  entry  thereof,  niUMt,  it  required  by  the  collector,  In;  attested  by  the  oatli  nf  ihil 
owner  or  one  of  the  owners  of  such  goods,  and  must  be  verified  also  by  tlio  oatli  oJ 
the  iiniiortcr,  or  consignee,  or  other  person  wIk)  tuny,  nndcr  this  act,  lawfully  maiJ 
entry  of  such  goods  and  verify  such  invoice,  if  tho  ownt^r  or  one  of  the  owners isnotl 
the  person  entering  such  goods,  and  must  also,  if  required  by  the  collector,  ho  atlcstedl 
by  I  he  oath  of  the  non-resident  owner  being  the  nianufiictuier  or  producer  of  smIiI 
goods,  ill  tho  case  mi-ntioned  in  the  next  preceding  section,  althonirli  onoufthil 
owners  Vie  tho  person  entering  the  goods  and  verifying  the  invoice  on  oiitli.  I 

H.">.  If  theownei',  importer,  or  consignee  of  any  goods  ha  dead,  or  a  liuiikriipt.orl 
insolvent,  or  if  for  any  cause  his  personal  estate  be  administered  by  anotberperMDl 
then  his  executor,  curator,  administrator,  or  assignee,  or  person  adniinisterinjail 
aforesaid,  may,  if  cognizant  of  tho  facta,  take  any  oath  and  nwikc  any  entry  wiiitJJ 
snch  owner,  importer,  or  consignee  might  otherwise  have  taken  or  nl■•^tl(^  f 

H().  No  evidence  of  tbo  value  of  any  goods  imported  into  Canada,  or  taken  oiitnfl 
warehouse  for  consnmptiou  therein,  at  tho  place  whence  and  the  tinio  when  tbcysJ 
to  be  ileemed  to  have  been  exported  to  Canada,  contradictory  to  or  at  variance wiilJ 
the  value  stated  in  tho  invoice  produced,  to  the  collector,  with  the  additions  (if  ,invj 
made  to  siuli  value  by  the  bill  of  entry,  shall  be  received  in  any  court  in  Canada.  1 

H7.  Any  oath  re(|nired  under  the  provisions  of  this  act  connected  with  tLeentrToi 
goods  may  bo  made  in  Canada  before  the  collector,  subcollector,  surveyor,  or  chief 
clerk  at  the  port  where  the  goods  are  entered,  or  if  tho  person  making  suck  oatli  i 
not  resident  there,  then  before  the  colh'ctor  or  proper  oflicer  of  sohh)  other  port; a 
when  such  oath  is  required  to  be  mado  out  of  the  limits  of  Canada,  it  may  he  iiwdtai 
any  place  within  the  United  Kingdom,  or  at  anyplace  in  Her  Majesty's  possessinin 
abroad,  before  the  collector  or  before  the  mayor  or  other  chief  municipal  ofHcer of th( 
jilace  where  the  goods  are  shijiped,  or  before  a  notary  public,  and  at  any  otb-ir  plw 
belbre  a  British  consul,  or  if  there  bo  no  Britibh  consul,  then  before  a  foreign  consii| 
at  such  place. 

88.  'Jhe  commissioner  of  customs  or  other  person  acting  as  deputy  bead  of  tli^ 
departiiKMit,  and  all  oflicers  holding  under  order  in  council  the  rank  of  chief  clor 
of  the  in.si<le  servietj  in  tho  said  department,  and  all  duly  appointed  iuspectorao 
of  customs  ])ort8,  shall,  by  virtue  of  their  office,  have  full  authority  to  administer  aH 
oaths  and  receive  all  affirmations  and  declarations  required  or  authorized  by  thisacJ 
and  the  governor  in  council  may,  from  time  to  time,  liy  regulation,  apiioiut  nrdesiJ 
nato  such  other  and  additional  persons,  ofticers,  or  functionaries,  as  be  sees  fit,  br 
name,  01    by  their  name  of  oflico,  and  in  Canada  or  out  of  it,  as  those  before  wbojl 
such  oaths  may  bo  validly  taken,  and  may,  by  any  order  in  council  relax  or  disiiens^ 
with  the  provisions  of  tliis  act  touching  such  oaths,  in  or  with  regard  to  goods  io 
ported  by  land  or  inland  navigation,  or  to  any  other  class  of  cases  to  bo  desigiiatei 
m  such  ri'gnlation. 

HI).  No  person  other  than  the  owner,  consignee,  or  importer  of  the  goods  of  whifl 
entry  is  to  bo  made,  shall  be  allowed  to  take  any  oath  connected  with  tbe  entry,  nni 
less  there  be  attached  to  the  bill  of  entry  therein  referred  to,  a  dec'uration  byilr 
owner,  consignee,  or  imiiorter  of  tbo  said  goods  or  his  attorney  and  agent  diilyaw 
[pointed  to  transact  business  with  tho  collector,  pursuant  to  the  provisiouHiulhatb^ 

alf  of  this  act,  to  the  same  ellcct  as  tho  oath,  distinctly  referring  to  tho  iuvoicop 
eeuted  with  snch  bill  *)f  entry,  and  signed  by  such  owner,  importer  or  consigueo,! 
l\V  bis  attorney  and  agent  appointed  as  aforesoid,  either  in  presence  of  tbe  agfj 
making  the  entry,  who  shall  attest  the  signature,  or  of  some  justice  of  tbo  peace r 
notary  public,  who  shall  attest  tho  same. 

90.  .Such  declaration  shall  be  kept  by  tbo  collector;  and  if  there  be  any  will 
false  statement  in  sue  li  declaration,  the  goods  shall  bo  li.ible  to  seizure  and  forfeilMj 
in  tho  same  manner  and  with  the  name  effect  as  if  such  false  statenieut  were  iw 
taincd  iu  the  oath, and  the  person  making  such  false  statement  shall  be  subject  to  g 
same  penalties,  torfcittires,  ami  criminal  punisliments  as  if  he  had  hitnself  taken  till 
oath  ami  had  made  such  false  statement  therein  ;  but  such  written  declar.iiion  Ml 


I 


niGHTS   Of   AMERICAN   FISHERMEN. 


tm 


u  (lisppnscd  with  under  the  order  of  tlio  governor  in  conncil,  wl-.-^re  It  may  be  dccnird 

advisable)  in  tlie  iiifercst  of  conimorce,  to  dinponNO  therewith. 

1)1,  Tho  jjovenior  in  council  may  prescribe  the  forms  of  outliH  rccpiirt'd  under  thin 
[act.  SiK'li 'i'>'<"^  "I'K^  from  time  to  time  be  rept-aUMl  or  aiiiciHlcd,  iiiid  tht\  (nrnis  of 
joailisiiiitiit'iiz''*'  by  sfatuto  or  by  the  t;overnor  in  council  at  the  time  of  tiie  piissinfr 
[jjlliisjictHliiill  continue  to  be  the  autlioriztidformH  until  aUereil  ordispenned  willi  by 
1  the  gov'Tiior  in  council. 
?i.  If  iiiiy  jiefHon  nrnkcH,  or  sendn,  or  briiign  into  (Junada,  or  causcH  orauthorizcH  the 
nakin;;,  w'lKliiiK'  "t'  brin){iiiK  •"**•  Canada  <if  any  invoice  or  itajtiT,  imed  or  intetided 
(to  Im;  iis(u1  »**  ii'i  invoice  for  ciAtomH  ])nr|iOHeH,  wiiercin  any  ^(kkIh  are  entered  or 
lebari'ed  iit  u  ieH» price  or  value  tiian  that  actually  charged, <u'  intended  to  be  ehar>;ed 
Ifortlit'ini  nil  price  *  r  Hum  of  money  nhaU  be  recoverable  by  Hueh  perHon,  hiH  aswigUMor 
jrepri'scntutives,  liir  the  |)rice  or  ou  account  of  the  purchase  of  hucIi  t;oodH,  or  any  jiart 
[oltlii'iii,  or  oil  any  bill  of  cxclia:iKe,  note,  or  other  Hccurity  (uIll(^sH  in  the  liauds  of  an 
linnocent  liohhir  for  value  without  notice),  made,  nlven,  or  exe<Mile(l  for  the  price  «)f 
loroiiac'coiMit  of  the  purchusc  of  Hiich  goods,  or  any  part  of  such  price. 

9;i.  Tlio  iireduction  or  jnoof  of  the  existence  of  anv  other  invtuco,  ac(!onnt,  docu- 
Inii'ut or iHipiT  niad(!  orsout  by  any  person,  or  by  his  ai.  'liority,  wherein  goods  or  any 
[of  tiii'Ui  ari)  cliarf^ed  or  entered  at  or  mentioned  as  beaniig  u  j;reater  price  than  that 
ImIiiImiii  tliein  in  any  such  invoice  as  m  the  next  prccedinji;  section  mentioned  shall 
iliijprimii /«c'c  i'vidence  that  such  invoice  was  intended  to  bo  fraudulently  used  for 
|cii>tiiiiiHiinr|iosc.s;  but  such  intention,  or  the  actual  fraudulent  use  of  such  invoice, 
iniay  1mi  proved  by  any  other  legal  evidence. 

114,  Any  importer  of  goods  into  Canaila,  or  any  person  on  his  behalf,  who  shall  pre- 
Ijeiit  or  cuuHO  to  bo  presented,  with  intent  to  make  entry  thereunder,  any  false  or 
Ifraniinliut  invoice,  such  as  described  in  the  two  next  preceding  sections  shall  be  sub- 
liiTttiiapinalty  e(|nal  in  amoinit  to  +ho  value  of  the  goods  represented  in  such  in- 
|voice,  aud  the  goods  shall  also  be  seized  and  forfeited. 

!I5.  The  collectors  of  customs  at  all  ports  in  Canada  shall  retain  and  i)ut  on  iilo, 
jiflcriliily  Ntaniping  the  same,  all  invoices  of  goods  imported  at  such  jtorts  respect- 
tivdy,  of  which  invoices  they  shall  give  certitied  copies  or  extracts,  whenever  called 
JBpoii 80  to  do  by  the  imiiortors,  aud  such  copies  or  extracts  so  duly  certified  by  the 
jtolli'i'tor  or  other  proper  ofliccr,  and  bearing  the  stamp  of  the  custom-house  at  whicli 
llioy  arc  liieil,  shall  be  considered  and  received  as  authentic,  and  the  collector  shall  be 
Mlitlt!'!  to  demand  for  each  certificate  a  fee  of  ."iO  cents  before  delivering  the  same,  but 
|u  110 caiio  shall  nu  luvoico  bo  shown  to  or  a  co|>y  thereof  given  to  aiiy  person  oilier 
Inn  the  said  importer,  or  an  oflicer  of  customs,  except  upon  the  order  or  subpiena  of 
l|irop('rcoiu't. 

IK),  Any  appraiser,  or  any  collector  acting  as  such,  or  the  persons  to  bo  selected  as 
loniiiaftcr  mentioned  to  examine  and  appraise  any  goods,  if  the  importer,  owner, 
w)usij,'ni'r,  or  agent  is  di,jsatisficd  with  the  lirst  appraisement,  may  call  before  him  or 
Ibcra  and  oxaniiue  upon  oath  any  owner,  imimrter,  consignee,  or  other  person,  touch- 
liijjany  matter  or  thing  which  such  appraiser  or  collector  deems  material  in  ascer- 
lainin);  tlio  true  value  of  any  goods  imported,  and  may  require  the  prodnction  on  oath 
If  any  litters,  accounts,  invoices,  or  other  papers  or  account-books  in  his  possession 
islatinj;  to  the  same. 
'Si.  If  any  person  called,  as  provided  in  the  next  preceding  section,  neglects  or  ro- 
fesesto  attend,  or  declines  to  answer,  or  refuses  to  answer  in  writing  (if  required)  to 
loyinlcnogatorics,  or  to  subscribe  his  name  to  his  <lepositiDn  or  answer,  or  to  jiro- 
liccanyBueh  papers  or  account-books,  as  provided  by  the  next  ]>recediug  section, 
piiHi  rei|uiicd  so  to  do,  ho  shall  thereby  incur  a  jtenalty  of  $50 ;  aud  if  such  person  is 
Ihe owner,  importer,  or  consignee  of  the  goods  in  question,  the  appraisement  which 
11)1'  appraiser  or  collector  acting  as  such  shall  make  thereof  ehall  be  linal  and  con- 
lliliiive.  ' 

|M,  If  any  person  willfully  swears  falsely  in  any  such  examination,  and  ho  is  the 
imer,  importer,  or  consignee  of  the  goods  in  question,  they  shall  be  seized  and  xor- 
^ted ;  and  all  depositions  or  testimony  in  writing  taken  under  either  of  the  two  nex* 
ftcediiif,'  sections  shall  bo  filed  in  the  ofiQco  of  the  collector  at  the  place  where  the 
jMicare  made  or  taken,  there  to  remain  for  future  use  or  reference, 
|9ti.  If  the  importer,  owner,  consignee,  or  agent,  having  complied  with  the  roquire- 
lentsof  this  act,  is  dissatisfied  with  the  appraisement  made,  as  aforesaid,  of  any 
^thnoo(ls,  ho  may  forthwith  give  notice,  in  writing,  to  thecollector,  of  such  (lissatis- 
Ktiou,  on  the  receipt  of  whicli  notice  the  collector  shall  select  two  discreet  and  ex- 
pnced  persons,  familiar  with  the  character  and  value  of  the  goods  in  question,  to 
faininii  and  ap])rai8e  the  same,  agreeably  to  the  foregoing  provisions;  and  all  in-  . 
pices,  entries,  aud  other  papers  connected  with  the  appraisement,  and  all  evidence 
Mifii  by  or  before  the  appraiser  or  collector  of  customs  acting  as  such,  and  by  or  be- 
ftliesaid  persons,  shall  bo  transmitted  without  delay  to  the  commissioner  of  cus- 
•'«,  wliu,  alter  due  examination  of  the  same,  shall  decide  and  detcnniue  the  proper 


3no 


mOTlTS   OF   AMERICAN    FISITRRMRN, 


rat)*  aiifl  aiiioiiiit  or<liity  to  Ixt  collected  anrl  \n\U\,  iiikI  IiIh  deciHioii  hIiuII  Iw  fj^gi  ,o| 
coiuliiHivc,  uikI  tli«  (liity  hIuiII  bo  li'vied  (iiid  collrctc*!  iicconliiij^ly. 

100.  Ill  .  iiii'l  ir'TMiiiiM  ii|>ii()iiitf(l  to  iii>|iraiH(i  hIiiiII  ••acli  lio  cnliflcd  to  tlieiiiiii,,j| 
$r>,  ;o  lio  jiiiid  liy  tlic  imity  <liHNat  islictl  with  the  (irnt  n|>i)niim"iiuMit,  it'  tlio  viiliif^l 
eertaiiH'<l  iiy  tlio  Nccoud  ii|i|ii'aiKeiiieiit  Ih  i'i|iial  to  »)r  greater  than  that  iiM('('rtaiiic(||»| 
HiK.'li  DinI  n|i|iiiiiHeriiciit  or  il  the  value  nhcertniiied  by  niicIi  Hceoiid  a|)|ii'iiiw'iiif.|itM.| 
eeedn  by  10  per  <'(Mit  ,  or  more,  the  value  of  (he  j^ooiIm  lor  iliity,  an  il  woiilil  iipw^J 
by  the  iiiV'iii  I'  and  bill  ot  entry  ther4'of;  olherwiKe  the  Hame  hImiII  liejiaid  liytln'coj 
lector  out ol'aiiy  |)iii>li(^  inoneyH  in  liiN  liandH,  and  ehiirp-d  in  IiIh  accoiiiits, 

101,  Any  ]M'iMon  ehoHen  triniake  an  niipraisenient  re(|iiired  niider  this  art  wlui,  gfi^l 
diKMiot.iee  of  Hindi  idioiee  lia.s  been  ^iven  lo  him  in  writing,  declines  nr  iiiMr|J,.|,,J 
make  Hiirli  appraisement,  shall,  for  no  rtd'iiHin,:;  or  iiegleciin)r  without  ^^ond  uiiil  »iif.| 
tieicnt  cause,  iiiciir  a  (leiialty  of  $10  and  eost^.  I 

10"2.  If  in  any  case  the  true  value  for  duty  ot  any  j^oods,  as  linally  diti'niiiiii'diinjftl 
this  act,  or  as  detcrmii'^1  in  any  action  or  ]iroci>edin};  to  recover  nupuiil  ihili('<i  ci.l 
ceeds  by 'JO  ])cr  c»!iit.  or  more  the  value  for  duly,  as  it  would  appear  by  tlin  hill  ofl 
entry  thereof,  thc-n  in  addition  to  the  duty  i)ayal)le  on  such  floods,  wlicn  iiroiHTl;! 
valued,  there  shall  be  h^vied  and  collected  upon  the  same  a  sum  c(|iial  to  oii(i-lialfofl 
tin*  duly  so  payable ;  and  in  case  the  owner  or  importer  refuses  or  ne;i;ie(itsti)imytiiel 
Raid  tliily  and  additional  sum,  the  K<>"ds  may  be  seized  and  forfeited.  I 

10;{.  'I'lie  collectr»r  may,  when  he  deisms  it  ex]>cdient  for  the  protection  nf  tkn'rJ 
eiiiii!  and  the  fair  tra<ler,  Hiibjcci  always  to  any  re;;iilations  to  be  inado  liy  tlic KotT 
crnor  in  council  in  that  behalf,detaiii  and  (Miise  to  bo  properly  securtd,  aiid  mav  ail 
any  time  within  lifteeii  days  declaro  his  option  to  take,  and  may  take,  lortlm  (jronil 
any  whide  package  or  packaf^es,  or  separate  and  distim^t  parcel  or  iiiircel.H, or  titl 
whole  of  the  goods  mentioned  in  any  bill  of  entry,  and  may  jiay,  whin  tlK'niinlofrl 
quested,  to  the  owner  or  person  entering  the  same,  and  out.  of  any  public  iiidiieyn  iil 
the  hands  of  such  collector,  tlie  sum  at  which  hiicIi  goods,  jmckagcs,  or  inirci'ls  anl 
respect  ively  valued  for  duty  in  tho  bill  of  entry,  and  lOper  cent,  thereon,  mid  iilmiiiiel 
fair  freight  and  charges  thereon  to  the  port  of  entry,  and  may  take  a  receipt  furonchf 
Hiiin  and  addition  when  paid. 

KM.  The  goods  taken  as  jtrovided  in  the  next  preceding  section,  shall  (wliotlicrpajJ 
iiient  be  r<'(|iiosted  by  tho  owner  or  person  entiiring  the  same,  (     not)  l)('ii)ii|;totlie| 
(y'rown  from  the  time  the^-  aro  so  taken  as  aforesaid,  and  shall  be  sold  or  otliiininl 
dealt  with  in  siudi  niannor  as  shall  be  provided  by  any  regulation  in  tliiit  licliall, o 
as  the  minister  of  customs  shall  direct ;  and  tho  not  proceeds  of  the  sale  of  any  aiitbl 
goods  shall  lie  applied  lirst  to  the  repayment  to  tho  consolidated  rcvtMiuo  fund  (if  tin 
sum  so  paid  to  the  owner  or  person  entering  siiidi  goods,  and  tho  remainder  to  orto- 
wards  the  ]iaymcnt  of  the  lawful  duty  on  the  same. 

10r>.  If  the  net  prociicds  of  any  Huch  Halo  exceeds  the  amount  paid  as  afnro»i,iilM 
the  goods,  andthe  amount  of  duty  legally  acc^rniiig  thereon,  thcnaiiy  jiartof  thosniJ 
pins,  not  exceeding  50  piir  cent,  of  such  surplus,  may  under  any  regiilatiniioronlfr 
of  the  governor  in  council  bo  paid  to  the  collector,  appraiser,  or  other  oUicer  coiiceruml 
in  tho  taking  thereof,  as  a  reward  for  his  diligence. 

KM),  'I'he  collector  shall  cause  at  least  one  p.Lh.-.;;o  in  every  invoice  or  entry  and  alj 
least  one  ]iackage  in  ten,  if  there  ho  nioro  than  ten,  in  any  invoice  or  entry,  atdt 
many  more  as  he  or  auy  appraiser  deems  it  expedient  to  examine  for  the  iirotcclioi 
of  the  rcvonne,  to  bo  sent  to  the  examini'ig  warehouse,  and  there  to  bo  ojipncd,  fi<j 
onilned.  and  appraised,  the  packages  to  bo  so  opened  being  designated  by  the  i 
lector. 

K)7.  If  any  goods  aro  found  in  any  package  which  aio  not  mentioned  in  tho  invoit^ 
or  entry,  such  goods  shall  bo  seized  and  absolntidy  forfeited. 

lOH.  If  any  goods  are  foniid  which  do  not  correspond  with  the  goods  desciiliodinti 
invoi(;e  or  entry,  or  if  tho  description  in  tho  invoice  or  entry  has  been  made  lor  th 
jinrpose  of  avoiiliiig  payment  of  tho  duty  or  of  any  part  of  the  duty  on  sucli  (;oodii|(i( 
if  in  any  entry  any  goods  have  been  lUKlervalned  for  such  purpose  as  aforcnaiil,  snci 
goods  shall  be  seized  and  forfeited. 

109,  If  tho  oath  made  with  regard  to  any  entry  is  willfully  false  in  any  iiarticiilaH 
all  the  packages  and  goods  included  or  protended  to  be  iuclnded,  or  which  ought  If 
have  been  included  in  such  entry,  shall  be  forfeited, 

1 10,  All  tho  jiackages  nieutioned  in  any  one  entry,  although  soiik;  of  such  patkagi 
may  havo  been  delivered  to  tho  importer  or  any  one  on  his  behalf,  shall  IwHiibjectll 
the  control  of  the  cnstonis  authorities  of  tho  port  at  which  they  are  ciitcivd,  null 
Biich  of  tho  packages  as  have  been  sent  for  examination  to  the  exaniinin;^  warflmii^ 
shall  havo  been  duly  examined  and  approved  ;  and  a  bond  shall  be  given  by  tho* 
porter,  conditioned  that  the  packages  so  delivered  shall  not  be  opened  or  iiniwtN 
iiefore  the  package  or  packages  sent  to  the  oxaniining  warehouse  shall  have  b(H!iirt| 
aminod  and  passed  as  aforesaid,  J 

111,  Any  package  delivered  without  oxamiiiation,  or  the  goods,  if  lawfiilKnj 
packed,  ahalJ,  if  required  by  tho  collector  of  customs,  be  returned  to  the  custoiuliui' 


'''Iff 


KIOIIT.S  OP  AMEHICAN  fisiieumen. 


361 


williinHiicli  liiiwtiiH  umy  !•«  montiniied  iii  tho  bond,  undor  tli«  torfoitnreof  the  penalty 
Lf  4iirli  bdiiil :  provided,  that  the  collector  hIiiiU  mho  dno<lili^cncc  in  caiming  ttuchox- 
liiiiiiiutiiiii  l'>  •>«  niiidc,  iiitd  may,  if  he  hcch  no  objection,  |iirniit  tho  rcniiiininj;  piickuKes 
III  hi' DpiiH'il  and  iin|iiicked  oh  hooii  as  thosn  Hcnt  to  tliu  wnrehouMe  have  been  oxaiiiinod 
mill  iipprnvcil. 

11'.'.  Till'  l«>ii(l  mentioned  in  the  two  ni^xt  iirecedin^  Hectionn  may  be  a  Kenoral  bond 
(ovitIiil'  iIio  •'DtriiiH  to  be  nnuh)  by  the  impoi'ter  for  a  period  of  twelve  moutliH  from 
iimlati',  nii'l  ">*<  |i«>i>il  Hom  nball  beeipial  to  the  valneof  tho  lar^eHt  inijiortation  nnitle 
livltitHiiiporti'i'  in  (|ii(!Htion  at  any  one  time  dnrin^  tlu)  twidve  niontliH  next  iinnin- 
liiiU^lv  pri'<'<'<t>»^i  <"'  it' Mnch  importer  huH  made  no  importationH  by  which,  in  the 
opiiiluii  iif  till'  collector  hocIi  penal  nnm  can  be  properly  lixud,  the  collector  Hhall  tix 
till'  iiMiniiiit  thereof  at  Hncdi  Num  uh  he  decmN  eipiitable. 

||;t.  Tim  burden  of  proof  that  the  jiroper  «lutieH  payable  with  respect  to  ajiy  goodH 
lavii  lii't^n  jmid,  and  that  all  the  re(iniremcntM  of  thiH  act  with  re);ard  to  the  eniry  of 
iiiv  f,imU  liavo  been  com]>lie(l  with  and  fnllilled,  Hhall,  in  all  cnacH,  lie  upon  thu 
iiarty  wliiii'i'  duty  it  was  to  comply  with  and  fuilill  the  Name. 

HI.  Till!  governor  in  conm^il  may,  by  rej;nlat  ion,  direct  that  after  any  KOodN  liavo 
Wen I'litiTt'il  at  the  cuMtom-hoiiHe,  and  before  the  sannt  are  diMchargcd  by  the  otttcern 
aiKlili'livi'ri'il  inlothecMNtody  of  tint  im|)iirteror  his  ap^nt,  Hnch  ^ooiIn Hhall  be  marked 
iin«tniii]it'(i  in  HHch  a  manner  or  foini  an  uniy  Im  directctl  by  nntdi  rej;nlation  for  the 
wdirily  of  the  revenue,  and  by  hucIi  otlicer  ns  may  b(!  directed  or  ai)pointed  for  that 
|piir|H)8i'. 

li'i.  When  any  person  lias  occaHion  to  reniovo  from  any  port  of  entry  to  any  other 
Ipiirt iir place,  any  ^ooils  duly  enti-red,  and  on  which  the  duti(!.s  imposod  by  law  have 
lliiiii  iwid,  the  collector  or  principal  oflicer  of  the  (suHtomH  at  Huch  port  on  the  reipiiHi- 
Itimi  ill  writing  of  such  perHon,  within  thirty  days  after  the  entry  of  Huch  jjoodH,  speci- 
ifvin^'thc  particular  jfood.s  to  b(!  removed,  and  the  packajjCH  in  which  such  goods  arc 
[fiiiitiiimd  with  their  marks  and  nunibrrN,  shall  give  a  i)crniitor  cerlilicate  in  writiu};, 
i>i;'iiiill)y  him,  bearing  date  of  tho  day  it  is  made,  anil  containing  the  like  i)articu- 
Iks,  aiid' certify iug  that  such  goods  have  been  (Inly  entered  at  such  jtort  and  (In* 
|<liiiii'S|iaiil  thereon,  and  stating  thu  port  or  pla(;e  at  which  tho  same  were  paid,  and 
port  or  place  to  which  it  is  intended  to  convey  them,  and  the  mode  of  conveyance, 
linil  the  period  within  which  they  arc  intended  to  be  so  convoyed, 

llii.  I  III)  warehousing  ports  already  cstiiblishcd  and  such  ports  of  entry  as  tho  gov- 
loiiinriii  roiincil  niiiy  from  time  to  time ii])]'oint  shall  be  waitdionsing  jiorts. 

".  Thu  importer  of  any  goods  into  Canada  may  enter  the  sann*  for  exportation, 
lo!i;,'iviiigH('cnrity  by  his  own  bond  with  one  stiflicient  security,  for  the  exportation  of 
llliewuni'  {foods,  or  may  warehouse  the  same  on  giving  such  security  by  his  o\vti  bond 
jliir till)  piiynu'iit  of  tho  amount  of  all  duties  on  such  goods,  an<l  the  performance  of 
iall  till)  iiMpiireinents  of  this  act  with  regard  to  the  same  at  su(di  ports  or  i>laces  as 
jalori'wiid,  and  in  such  warehonses,  and  subject  to  such  rules  iiiid  regulations  as  may 
■  'fniiii  time  to  time  appointed  by  the  governor  in  council  in  that  behalf,  tho  pcnuilty 
|ol'  the  said  bond  to  bo  double  tho  amount  of  tho  duty  to  which  such  goods  are  subject. 
W.  During  the  regular  warehouse  hours,  and  subject  to  such  regulations  as  the 
Ifolititoror  jtropor  oSicer  of  customs  at  any  warehousing  port  sees  tit  to  adopt,  the 
lowuerof  any  warehoused  goods  may  sort,  pack,  repack,  or  make  any  lawful  tirrange- 
pents  respecting  the  goods  warehoused,  in  order  to  the  preservation  or  legal  dis- 
Ipiisiii  thiTLof,  and  may  take  therefrom  moderate  samples,  without  present  payment 
lol'iliity  or  entry. 

lilt.  The  owner  of  any  wareliousod  goods  may  remove  the  goods  under  the  authority 
Icf  tbo  collcotor  or  proper  otticer  from  any  warehousing  port  to  any  other  warehous- 
linnport  ill  Canada,  or  fio;n  one  Avarehou'so  to  another  in  iho  same  port,  under  good 
|»iiiUntlicieiit  bonds  to  tho  satisfaction  of  such  officer. 

I'-'d.  Upon  entry  of  goods  at  any  trontier  port  or  customhouse,  under  tho  authority 
j«iul  with  the  sanction  of  tho  collector  or  proper  oflicer  of  customs  at  such  port  or 
|;ii8toiii-hou8(',  and  under  bonds  to  his  satisfaction,  and  subject  to  such  regulations 
las  limy  be  made  in  that  behalf  by  the  governor  in  council,-  the  importer  may  pass  tho 
|kiio(1«  oil  to  any  port  in  any  other  part  of  Canada. 

I  1'21.  No  transfer  of  the  property  in  goods  warehoused  shall  be  valid  for  the  jiurposes 
jof  this  act  unle.ss  tho  transfer  bo  in  writing  signed  by  tho  inijiorter  or  his  duly  autlior- 
jized  agent,  or  be  made  by  process  of  law,  and  unless  such  transfer  be  produced  to  tho 
liolleetor  or  other  proper  otticer  of  the  proper  port  and  be  recorded  by  him  in  a  book 
jtoliokept  lor  that  purpose  in  tho  custom-house.  No  such  transfer  of  less  than  a  whole 
|Pjickai.'e  shall  be  valid,  and  no  more  than  throe  transfers  of  the  same  goods  shall  bo 
|fillowed  before  entry  thereof  for  duty  or  for  exportation. 

Iti.  Upon  any  such  transfer  of  goods  in  warehouse  being  legally  effected,  as  before 
Fovided,  the  proper  otlicer  may  admit  new  security  to  be  given  by  the  bond  of  tho 
liii'w  owner  of  the  goods,  and  may  cancel  the  bond  given  by  the  original  bonder  of 
JKh  goods,  or  may  exonerate  him  to  the  extent  of  tho  new  security  so  given ;  auU 


fttGHtS   OF    AMERICAN   FtSIIERMfeN. 


^ 


I'i  1  t 


f^, 


i  r 


the  now  owner  of  any  such  goods  shall  tbcn  bo  doomed  to  be  the  importer  thereof  foil 
tho  iMirpoKCH  of  tbia  act.  I 

l'^;{.  All  warcbouHed  goods  sball  l>o  finally  cleared,  either  for  exportation  or Iiijim I 
consimiiilioi),  within  two  years  from  the  date  of  the  first  entry  and  war«lioiisiiu| 
ilicreot;  uinl,  in  (bfanlt  thereof,  tho  collector  or  proper  otMcer  may  well  sucbjl 
for  till!  iiayniciit,  first,  of  tlio  duties,  and,  secondly,  of  the  warehonso  n^it  iiudoibetl 
clijir^jiN;  an<l  tlu!  s  ir|)lnM,  if  any,  shall  bo  pai<l  to  tlie  owner  or  his  lawful  ageut;  audi 
tbo  colleetor  or  proper  oflicer  may  charge  or  authorizo  the  occupier  of  the  warchouad 
to  cliargo  a  fair  warehouse  rent,  subject  to  any  regulation  uiado  by  tho  governor  in  I 
conniil  in  that  behalf. 

121.  The  eoileetor  may,  if  ho  sees  no  reason  to  refuse  such  j)ermis8ion,  permit  ail 
imporic^r  to  abandon  to  the  Crown  any  whole  package  or  packages  of  wareliousedl 
goods,  without  being  liable  to  pay  any  duty  on  the  same;  and  the  saniONliall  tlicnbd 
sold  and  the  proceeds  shall  belong  to  the  Crown,  ;irovided,  that  if  siu  li  goods caj-f 
not  iio  sold  for  a  sum  sulhcjent  to  pay  the  duties  aud  charges,  such  goods  shall  not! 
bo  sold  but  shall  be  destroyed. 

I'^J").  The  governor  in  council  may,  by  regulation,  dispense  with  or  providt-  forthej 
ranr«'ling  of  l)onds  for  the  payment  of  duties  on  goods  actually  deposited  in  (icas.! 
toms  warehouse,  on  such  terms  and  conditions  and  in  such  cases  as  he  thinks  proper,  [ 

l'2t).  It  shall  not  be  lawful  for  any  person  to  unike,  or  any  ofiicor  of  customH  tu  at  J 
eept,  any  bond,  note,  or  other  document  for  tI;o  pnr]:oso  of  avoiding  or  deferring  th«| 
actual  payment  of  duties  legally  accruing  ou  goods  imjiorted  into  Canada,  nortoar-| 
range  for  tleforriiig  payment  of  such  duties  in  any  way,  unh^ss  sncb  goods  are  entered! 
for  warehouse  an<l  duly  doposite<l  therein  according  to  tho  laws  aud  regulations  j 
(!rni"g  the  warehouoing  of  such  goods. 

V^7.  Any  collector  or  other  officer  of  customs  'vho  shall  allow  the  payment  of  dn*  ,| 
of  customs  to  bo  avoi<led  or  deferred  for  any  cause  or  eonsidera' ion  whatever,  excepti 
by  regular  entry  for  warehonso,  shall  be  aud  become  liable  to  forfeit  a  snineqnalti)| 
tl.'^  full  value  of  such  goods,  and  in  addition  thereto  tho  amount  of  duty  accruin|| 
thereon,  which  shall  bo  recoverable  from  him  or  his  sureties,  or  either  of  them,  in  the  I 
e.\eh(!qii(!r  court  or  any  court  of  compete.it  Jurisdictifj  in  Canad.-,;  and  any  goods  od  I 
which  payment  of  duty  may  have  bioii  so  avoided  or  deferred  shall  be  liable  towij-| 
uro  au(l  be  dealt  with  as  goods  unlaWially  imported  into  Canada. 

V28.  If  any  goods  entered  to  be  warehoused  are  not  duly  carried  into  and  (le]iosit«i| 
ill  i\w  warehouse,  or,  having  been  so  d(!posited,<'iro  afterwards  taken  out  of  the  lvar^| 
house,  without  lawful  permit,  or,  having  betsn  entered  aud  cleared  forcxpoitatiniij 
from  the  warehouse,  arc;  not  duly  carried  and  shipjied,  or  otherwise  couycycdoiUofj 
Canada,  or  are  .afterwards  relandod,  sold,  used,  or  brought  into  Canada,  witliontliiel 
lawful  ))erruission  of  the  proper  ofJicer  of  the  customs,  such  goods  ahall  be  seized aiKll 
forfeited. 

V2\).  All  gools  taken  out  of  warehouse  shall  be  subject  to  tho  duties  to  whieh tbey| 
would  be  Bul)j(!ct  if  then  imported  into  Canaua,  and  not  to  any  other. 

i:50.  The  importer  of  any  cattle  or  swine  may  slaughter  and  cure  and  pack  tlicsamj 
(or  if  such  cattle  or  swine  are  imported  in  the  carcass,  may  cure  and  pack  the  siiiiie)! 
ill  bond;  and  tho  importer  of  any  wheat,  maize,  or  other  giain,  may  grind  and  packj 
the  same  in  bond,  provitlingsuch  slaughtering,  cirin^,  grinding,  and  packing Iieil 
and  (.'onducted  under  such  regulations  and  restrictions  as  tho  governor  in  couiicilj 
may,  from  time  to  time,  make  for  that  purpose;  but  the  said  regulations  Hhallnotej-f 
tend  to  the  substitution  of  other  beef,  pork,  flour,  or  meal  for  tho  prodnco  ofsHcliini-j 
ported  cattle  or  swine,  wheat,  maize,  or  other  grain. 

I'M .  Tho  importer  or  owner  of  any  sugar,  molasses,  or  other  materia',  from  wbiclire- 1 
fined  tingar  can  be  produced,  may  refine  the  same  in  bcdid,  jirovided  such  retiuingbej 
done  and  conducted  under  such  regulations  and  restrictions  as  the  governor  in  coin- r 
cil  may,  from  time  to  ti'iie,  make  for  that  p'.irpose.  I 

r.$2.  Duties  shall  bo  payable  in  all  cases  on  the  ((uantity  and  value  of  goods  in  the  j 
warehouse,  as  ascertained  and  stated  on  first  entry,  or  as  originally  waiehonscd. 

i;W.  The  unshipping,  carrying,  aud  landing  of  all  goods,  ami  the  taking  of  tlicsamj 
to  and  from  a  customs  warehoutij  or  proper  place  after  lauding,  shall  bo  done  in  sQckj 
iuan:;er,  and  at  such  places,  ae  shall  be  appointed  by  the  collector  or  proper  ofllcerj 
of  customs.  I 

1:J4.  Unless  otherwise  provided  by  the  governor  in  council,  warehoiiHO  rentandcsj 
peuses  of  safe-keeping  in  warehouse,  and  all  expenses  connected  with  the  unshiiipinfil 
carrying,  and  landing  of  goods  and  the  taking  of  the  same  to  and  from  iifcusloMJ 
warehouse  or  proper  place  after  lauding  shall  bo  borne  by  the  importer.  If  anysucJI 
goods  be  removed  from  the  place  so  appointed  without  leave  of  such  collector  orl 
projier  otlieer,  they  shall  be  seized  aud  forfeited.  j 

llif'.  The  governor  in  council  may,  from  time  to  time,  make  reguhitions  fortliefi-l 
warehousing  of  goods,  cither  for  consumption,  removal,  exportation,  or  ship's  sterol 
in  any  ((uantity  not  less  than  a  whol'^  package  as  originally  warehoused,  unless  wj 
euid  goods  be  iu  bulk,  and  then  in  quantities  not  less  than  one  tou  in  weight, escepl| 


RiGHtS   OF  AMERICAN  FISHERMEN. 


363 


Iwhen  a  Ifss  weight  may  be  the  balnuce  remaining  of  the  original  entry  thereof  for 

lljfi.  If  aft''*"  "".V  goods  have  been  duly  enteri'd,  or  landed  to  bo  warehoused,  or  en- 
It  rid  iiii'l  t'xuiniiied  lo  1)0  rewarehonsed,  and  before  tiio  same  have  been  actually  de- 
Irositfd  '"  '^'"'  wareliouse,  the  importer  further  enters  the  same  or  any  part  for  home 
lusi' or  f»r  exportation  as  irom  the  warehouse,  the  goods  so  entered  shall  be  eonsichsred 
Its  v/arelionned  or  rewprtdioused,  as  the  cnso  may  be,  althcmgh  not  actually  deposited 
Iju  llij, fljirehoiise,  and  may  be  delivered  and  taken  for  home  use  or  for  exportation. 

i:i7.  l'|><"i  t''"  entry  outwards  of  any  goods  to  be  exported  from  the  cnstomn  waro- 
lloiisi'  I'itlier  by  sea  or  by  laud,  or  inland  navigation,  as  tho  ease  may  be,  the  person 
Weri'ngtbe  p.inie  shall  giv  )  security  by  boiul  iu  double  the  duties  of  importation  on 
^iioli  (.'"'kIs,  ivnd  with  a  snftJcient  surety,  to  bo  approved  by  tho  collector  or  prop?;r  of- 
fer tbiittlio  same  shall,  when  the  entry  afore  said  is  by  sea,  bo  actually  exported, 
•ml  wlii'ii  the  entry  aforesaid  is  by  land  or  inland  navigation,  shall  be  landed  or  de- 
Oivnid  iit  tlu)  place  for  which  they  are  entered  outwards,  or  slial!  in  either  ease  bo 
ir»is«  accounted  for  to  the  satisfaction  of  the  collector  or  proper  officer,  and  that 
fiiu'b  proof  or  ccrtilicate  that  such  goods  have  been  so  exported,  landed,  or  delivered, 
Ldtlierwise  legally  disposed  of,  as  the  case  may  be,  as  shall  be  required  by  any  regu- 
Baiioii  (if  the  governor  iu  council,  shall  be  produced  to  the  collector  or  proper  officer 
.vitbiii  :i  period  to  be  appointed  in  such  bond  ;  and  if  any  such  goods  are  not  so  ex- 
jKirtcdor  arc  fraudulently  relanded  in  or  brought  into  Canada,  in  contravention  of 
Ibis  ai  t  and  of  the  said  l)ond,  they  shall  be  sc^ized  and  forfeited,  together  with  any  ves- 
■1,  boat,  or  vehicle  iu  wliich  tliey  are  so  relandcd  or  imported. 

1;1H,  If  witliiu  tlfi  period  appointed  by  tho  said  bond,  there  be  produced  to  the 
liropcrcoueetor  or  tjidcor  of  customs  the  written  cortiiicaie  of  some  principal  oflBcer 
If  ciistoui.s  01  colonial  revenue  at  the  [)lace  to  which  the  goods  were  exported,  or  if 
liiili  place  be  a  ioreign  country,  of  ai.y  British  or  foreign  consul  or  viee-conBnl,  resi- 
liui  there,  stating  that  the  goods  wcje  actually  landed  and  left  at  some  place  (nam- 
|i)|,'it)  out  of  Canada,  as  provided  by  the  said  bond,  such  bond  shall  bo  canceled  ; 
In  rase  it  !»■  i)roved  to  tho  satisfaction  of  the  proper  collector  or  otUcer  of  customs 
lliat  the  said  goods  have  been  lost,  such  bond  nuiy  be  canceled. 

Ml.  Ai!y  person  nuiking  any  entry  outwards  of  goods  from  warehouse  for  exporta- 
lioniiot  being  the  owner  or  duly  authorized  by  the  owner  thereof,  or  the  master  of 
plif  vessel  by  which  they  are  to  bo  shipped,  shall,  for  each  off^ense,  forfeit  $200. 

\\{>.  Warehoused  goods  may  be  didiverecl  as  ships'  stores  for  any  vessel  of  the  bnr- 
Sciiof ')()  tons  or  upwards,  bound  on  a  voyage  to  a  port  out  of  Canada,  the  probable 
Biiratinn  of  wliieh  voyage  out  and  home  will  not  be  leas  than  thirty  days ;  also  for  any 
pwcl  iicKiiiil  for  and  engaged  in  tho  deep-sea  fishing,  proof  being  first  made  by  affi- 
iiivi;  iif  tlie  master  or  owner,  to  the  satisfactiiMi  of  the  i)roper  ofllcer,  that  the  stores 
Iri' iieiessiiry  i.ud  intended  for  the  purposes  aforesaid;  provided  that  the  minister  of 
fciis|i)iiis  may  define  and  limit  the  kind,  quantity,  and  cI.mrs  of  good.s  which  may  be  iso 
Bfliviied  as  ships'  stores.  Should  such  .tores  or  any  part  thereof  be  relanded,  sold,  or 
piiost'd  of  ill  Canada  without  due  entrv  and  payiiieut  of  duty,  such  stores  shall  be 
leizcd  ami  forfeited  and  tho  vessel  for  which  the  same  were  delivered  from  warehouse 
^bali  lie  seized  and  forfeited. 

Ml,  The  inaatcr  of  every  vessel  bound  outwards  from  any  port  iu  Canada  to  any 
lort  or  place  out  of  Canada,  or  on  any  voyage  to  any  place  within  or  without  the  lim- 
its of  Canada,  coastwise  or  by  inland  navigation,  shall  deli  I'cr  to  the  collector  or  other 
Jiropi'i  oflicer  ,ni  entry  outwards  nnder  his  hand,  of  tlu!  destination  of  such  vessi^l,  stat- 
ing beriiaiiie,  country,  and  tonnage,  the  jiort  of  registry,  the  name  of  the  master,  the 
|ou.itry  of  the  owners,  and  the  number  of  the  crew  ;  and  before  any  goods  or  ballast 
irc taken  on  board  such  vessel  the  master  shall  show  that  all  goods  imported  iu  her, 
Kciptsneb  as  were  reported  for  exportation  in  the  same  vessel,  have  been  duly  en- 
i«re(i,  except  that  tho  proper  oDflcer  may  issue  a  stiffening  order  that  Kuch  goods  or 
lallastas  maybe  specilied  thereinmaybe  laden  before  the  former  cargo  isdischarged, 
Whefoie  sneh  vessel  departs  tho  master  shall  bring  and  deliver  to  the  collector  or 
Dtliir  proper  oflicer  a  content  iu  writing  under  his  hand  of  the  goods  la.len  and  the 
panii'sof  the  irsjii'ctivo  shippers  and  consignees  of  the  goods,  with  the  marks  and 
'  iilii'isof  the  jiackages  or  jiarcels  of  the  same,  and  shall  make  and  subscribe  a  dec- 
oration to  the  truth  of  such  content  as  far  as  any  of  such  particulars  can  be  known 
Wnn. 

U'.'.  The  master  of  every  vessel,  whether  in  ballast  or  laden,  shall,  before  departure, 
i«ineheloie  tho  collector  or  other  proper  oflicer,  and  answer  all  snch  questions  con- 
»ininj,'1lie  vessel,  and  the  cargo,  if  any,  and  the  crew,  and  the  voyage,  as  may  be 
IfDianded  of  liiin  by  such  officer,  and,  if  required,  shnll  mnke  his  answers  or  nny  of 
pini  part  of  t he  declaration  nuule  under  his  hand,  as  aforesaid  ;  and  thereu|>on'tho 
plii'itor  or  other  proper  officer,  if  snch  vessel  is  laden,  shall  make  out  and  give  to  the 
Mora  eertilieate  of  the  clearance  of  such  vessel  for  her  intended  voyage  with  nier- 
wnilweoracertificate  of  her  clearance  in  b.allast,  as  the  case  may  lie;  "and  if  there  be* 
Fchaiidise  on  board,  and  tho  vessel  is  bound  to  any  port  in  Canada,  such  clearance 


M: 


;     :S? 


304 


RIGHTS   OF    AMERICAN   FISHERMEN'. 


Blmll  state  \\  hotluT  any  ami  which  of  tho  goods  are  the  prodnoe  of  Canada,  andifthel 
goods  arc  snoh  as  are  liabhi  to  duties,  whether  tho  diitioa  tbcreon  liavo  been  paidT 
an<l  in  sncli  caso  tho  master  shall  hand  tho  clearance  to  the  collector  at  thenextportl 
in  Canada  at  whiidi  ho  arrives  immediately  on  bis  arrival.  I 

14:1.  If  any  vi^ssel  deparls  from  any  jiort  or  place  in  Canada  without  a  clearanft.otl 
,  if  the  master  delivers  a  false  content,  ordoes  not  trnly  answer  the  qnestioimdemaiiikill 
of  him,  or  if,  having  received  a  clearance,  such  ves.sel  adds  to  her  cargo,  or  taiia 
another  ve.ssel  in  tow,  or  performs  any  work  without  having  mentioned  iii  thorppfin 
ontwanls  the  intention  so  to  do,  the  master  shall  forfeit  the  sum  of  $400;  aud  ihol 
vessel  shall  be  detained  in  any  port  in  Canada  until  the  said  penalty  bejiaid. 

144.  The  governor  in  council  may,  by  regulation,  dispense  with  any  of  the  require 
nients  of  the  two  last  preceding  sections  which  he  deems  it  inexpedient  to  euforcfj 
with  regard  to  vessels  engage(l  in  the  coasting  trade  or  inland  navigation. 

14.').  Before  a  clearance  is  granted  to  any  vessel  bound  to  a  port  or  place  out  i 
Canada,  the  o'vners,  shippers,  or  consignors  of  the  carj^o  on  board  such  vessel ishiL 
deliver  to  the  collector  or  i)roper  otlicer  of  customs  (mtries  of  such  parts  of  tie  far"J 
as  are  shijjped  by  them  respectively,  and  shall  verify  the  same  by  oath  ;  aud  such  en- 
tries shall  specify  the  kitids  and  (juantities  of  the  articles  shipited  by  themregpectJ 
ively,  and  the  vi'no  of  tho  total  quantity  of  each  kind  of  articles,  and  whfithir  til 
said  goods  are  of  Canadian  or  of  foreign  prodncticui  or  manufacture ;  and  sudi  oaM 
shall  btatc  that  sucli  entry  contains  a  iull,  just,  and  true  account  of  all  articles  lailfj 
on  board  o'."  such  vessel  by  such  owners,  8hip])ers,  or  consignors  respectively:  aa 
that  the  values  of  snch  articles  are  truly  stated  according  to  their  actual  cost  irthi 
value  which  they  truly  l)eur  at  the  port  and  time  of  exportation  ;  and  in  case  the  gm 
so  shipped  or  uny  part  thereof  be  liable  by  law  to  any  export  duty,  the  anminK 
."Mch  duty  shall  be  stated  in  such  entry;  and  no     ach  entry  shall  be  valid,  and  i 
clearance  shall  bo  granted  to  such  vessel  until  such  duty  is  paid  to  the  colkctorj 
proper  oHicer  of  custoni.s. 

140.  The  owners,  8bi])per8,  or  consignors  of  an^  goods  consigned  to  a  port  i  r  pia 
out  of  Canada,  to  be  transported  by  railway  or  other  land  conveyance,  shall  entertl 
same  for  export ati(ni  at  the  custom-liou.se  nearest  to  tho  place  of  lading ;  and  siich« 
try  shall  specify  thekiu  '  -.  ^nd  quantities  of  the  articles  i.adenby  themrt'8pectively,aiij 
the  proper  name  and  description  of  the  railway  over  which  such  goods  are  to  he  tram 
ported,  or  of  any  other  conveyance  to  be  used  for  the  same  purpose  ;  and  shall  viri^ 
the  same  by  ttath,  and  such  oath  shall  be  of  thepimo  form  ami  tenor  as  thatrcqnin 
from  o  , V  ,  sliiijpera,  or  consignors  of  goods  to  bo  transported  by  sea;  and  if  a 
of  snch  gt  )(ls  are  liable  by  law  to  any  export  duty,  such  duty  shall  be  clearly  statd 
n|)on  sucli  (utry,  and  no  railway  car  or  other  vehicle  upon  which  such  goodsaij 
biden  shall  be  pernsitted  to  leave  the  limits  of  tho  ])ort  at  ■which  snch  entry  shoiil 
have  been  made  until  such  ^I'lty  is  paid  to  the  colleotc-  or  pro))er  otlicer  of  ciistoi 
and  if  any  such  c"*  or  vehicle  lie  taken  out  of  tho  limits  of  snch  port,  contrary  to tbj 
]>'-ovision  of  this  section,  the  company  or  person  so  taking  tho  same  shall  he  liable t( 
a  penalty  of  not  more  than  $40C. 

147.  The  owner,  shipper,  or  consignor  >f  any  goods  who  shall  refuse  or  negicrtl 
make  leport  and  entry  of  the  articles  shipped  or  laden  by  them  respectively,  as 
(jnired  by  tho  two  last  preceding  sections,  shall  incur  a  penalty  not  oxceediujij 
for  each  snch  olfen-  e. 

,148.  The  governor  in  council  may,  by  regulations  to  be,  from  time  to  t:nie,iiiai 
in  that  bi  half,  require  snch  furth(!r  information  with  regard  to  the  description,  i|iJ»i 
t'.y,  quality,  and  value  of  goodseyported  from  Canada,  or  removed  fronioncportlt 
another  in  Cansda,  to  be  given  to  tho  proper  otticer  of  tho  customs,  in  thocutryd 
HMcli  goods  (.ntwards  or  otherwise,  as  ho  deeui.s  requisite  for  statistical  purpos" 
whether  snch  goods  be  exported  or  removed  by  sea,  land,  or  inland  navijtation. 

141).  No  en*r;  outwurds  nor  nuy  shipping  warrant  or  warrant  for  taking  goods  fre 
warehouse  fur  exportation  shall  be  deemed  valid,  unless  tho  particulars  of  the  got 
and  packagessball  correspond  with  the  particulars  in  the  entry  inwardH,  nor  iinl 
they  h.„  ,11  have  been  properly  descri'^ed  in  the  er  try  ontwanls,  by  the  character,  denoi 
ination,  and  circunistani'es  under  which  they  wore  originally  charged  \vitluUity;«i 
any  goods  laden  or  taken  out  of  the  warehouse  by  an  entry  outwards  or  HhippiuK^'j 
rant  imt  so  corresponding  or  not  properly  describing  thein,  shall  bo  seized  audffl 
felted.  J 

150.  If  tlie  owner  of  any  goods  bo  resident  more  thau  ten  miles  from  the  office  of  tj 
collector  at  the  port  of  shipment,  he  may  appoint  an  agent  to  make  his  entry  on 
wards  and  clear  and  ship  his  goods  ;  bnttbe  name  of  the  agent  and  tliert'sideiici'Ottg 
owner  shall  be  subjoined  to  tlie  name  in  tho  entry  and  shipping  warrant;  audi 
agent  shall  make  the  declaration  on  tho  entry  which  is  required  of  tho  mv«er,» 
Bliall  answer  the  questions  that  shall  be  put  to  him.  Any  trading  corporation wcoB 
pany  may  appoint  an  agent  for  the  like  purpose. 

151.  The  report  for  entry,  inwards  and  outwards,  renuired'by  thi8act,niay,  '"''j^T 
of  any  steam  vessel  carry  ing  a  purser,  bo  made  by  sucli  purser  with  the  ilko  effoct  u* 


UIGHTS    OP   AMEllICAN   FIHUKRMEN. 


aii5 


I  m'cl>  ami  Hiiliji'i't  to  the  lik*!  penalty  on  tho  purser  and  the  like  forloitiire  <if  the 

r]^ljjii'^.i,so()r  any  untrue  report,  as  if  tho  report  Avere  nuiilo  by  the  iiiaHtcr;  auil 

Teword  "inaslcr,"  for  tho  purposes  of  this  section,  bball  bo  coustrucd  as  iiichuliug 

Ihe  purser  (»f  any  uteam  vessel ;  but  nothing  herein  contained  shall  preclude  the  col- 

lecu'r  or  inoper  otlicer  of  customs  frpui  calling  n\w\\  tbo  master  of  any  steam  vessel  to 

jj8Wi'riills"cli<iiiestiou8  concerning  the  vessel,  passengers,  cargo,  and  crew  as  might 

|,,„fj,)ly  il(-iiianded  of  him,  if  the  vepint  had  been  made  by  uim,  or  to  exempt  (he 

uaster  from  tlio  ])eualties  imposed  l\v  ibis  act  for  failure  to  answer  any  such  (jues- 

Kon,  or  toi  answering  untruly,  or  ti.  prevent  the  master  from  making  such  report  if 

Lsiiallscc  lit  HO  to  do. 

1:V,'  wlKii(\  er  the  collector  of  castoms  at  any  port  is  satisiiod  that  in  such  port  as 

s    ^^  II  ihf  adjacent  city  or  town  and  iti  vicinity,  there  does  vot  exist  an  extraor- 

ijiiiiv.iulcctions,  eout.igious,  or  epidemic  disease,  which  could  be  transmitted  by  the 

lejsci  lii;r  crow,  or  cargo,  ho  may  grant  to  any  vessel  requiring  a  bill  of  health  a 

Ttilcate,  uudcT  his  hand  and  seal,  attesting  tho  fact  aforesaid,  for  which  ho  shall 

I  ii.itlcil  to  ask  and  receive  a  fee  of  one  dollar. 

1  iX  If  any  i)erson,  with  intent  to  demand  the  revenue  of  Canada,  smuggles  or 
JauiL'itint'ly  introduces  into  Canada  any  goods  subject  to  duty,  or  makes  oat  or 
iiwj  or  attempts  to  pass  through  tho  custom-house  any  false,  forged,  or  fraudulent 
invoice,  or  iu  any  way  attempts  to  defraud  tho  revenue  by  evading  tho  payment  of 
ic'iiiity,  or  of  auy  part  of  the  duty  on  any  goods,  such  goods  shall  be  seized  and  for- 
lied;  ami  every  such  person,  his  aiders  and  abettors  shall,  in  addition  to  auy  other 
.naliv  or  forfeiture  to  which  he  and  they  may  bo  subject  for  such  oUen'^o,  bo  deemed 
oiKy  of  a  misdeuioauor,  and  on  conviction  shall  be  liable  to  a  penalty  of  not  less  than 
jiUiuid  not  more  tlian  $200,  or  to  imprisonment  for  a  term  of  not  less  than  one  month 
jor  more  than  o  le  year,  or  to  both  line  and  imprisonment  within  tho  said  limits,  in 
iliediscreiiou  if  tlie  court  before  whom  the  conviction  is  had. 

154.  If  any  i  erson  offers  for  sale  any  goods  under  pretense  that  the  same  aro  pro- 

liiiid,  or  liav  ',  been  un8hip])ed  and  run  on  shore,  or  brought  iu  bylandorotherv/ise 

itlidut  payment  of  duties,  then  and  in  such  case  all  such  goods  (although  not  liable 

loaiiy  duties  nor  prohibited)  shall  be  seized  and  forfeited,  and  every  person  oft'eriug 

ikMime  for  .sail  shall  forfeit  treble  the  value  of  such  goods,  or  the  penalty  of  $200,  at 

Ikilectiou  of  tUe  prosecutor,  which  i)eualty  shall  bo  recoverable  iu  a  summary  way, 

fore  any  one  or  more  justices  of  the  peace;  and  iu  default  of  payment  on  convic- 

imi,  ilie  party  so  oft'ending  shall  bo  committed  to  auy  of  Her  Majesty's  jails  for  a 

riiid  not  exceeding  sixty  days. 

\m.  If  any  person  knowingly  harbors,  keeps,  conceals,  purchases,  sells  or  exchanges 
liiyKoods  illcj^ally  imported  into  Canada  (whether  such  goods  are  dutiable  or  not), 
mvhereon  the  duties  lawfully  payable  have  not  been  paid,  snch  person  shall,  for 
cli  (illeuse,  forfeit  treble  the  value  of  the  said  goods,  as  well  as  the  goods  them- 

IM.  If  any  two  or  more  persons  in  company  aro  found  together,  and  they  or  any  of 
llicra  have  any  goods  liable  to  forfeiture  under  this  act,  every  such  person  having 
■nowlcdgc  of  the  fact,  shall  be  guilty  of  a  misdemeanor,  and  punishable  accordingly. 
Auy  person  who,  by  any  means,  procures  or  hires  or  induces  any  person  or  per- 
Kins  to  be  concerned  in  tho  landing  or  unshipping,  or  carryingorconveying  any  goods 

licli  arc  prohibited  to  bo  imported,  or  for  the  landing  of  which  jjormission  has  not 
liecngrantoil  by  the  collector  or  proper  oflicer  of  customs,  shall,  for  every  person  so 
prociirid  or  lilicd  or  induced,  forfeit  the  sum  of  $100. 

If  any  warehoused  goods  are  concealed  in  or  unlawfully  removed  from  any 
histonw  warehouse  in  Canada,  such  goods  shall  be  seized  and  ibrfeited,  and  any  person 
iiiuit'aling  or  unlawfully  reuioving  any  such  goods  or  aiding  or  abetting  such  couceal- 
lii(;  or  removal,  shall  incur  the  peualties  imposed  on  persons  illegally  importing  or 
liiiiijigling  j;oo(ls  into  Canada,  and  on  discovery  of  such  conceifluieut  or  removal  all 
k(H)(l»  Ik  longing  to  the  iiui)orter  or  owner  of  the  concealed  or  removed  goods  thtni  re- 
Tiaiiiiii;,'  in  tlie  same  or  any  other  warehouse,  shall  be  placed  under  detent  ion  until  the 
piity  payalilo  on  the  goods  so  concealed  or  removed  and  all  jieualties  incurred  by  him 
iliall  iiavo  lieen  paid  ;  and  if  such  duties  and  penalties  are  not  paid  within  one  month 
lliHtliediM-dvcry  of  the  eonceahnent  or  I'omoval  of  such  goods,  the  goods  so  de- 
piiieilNliall  he  dealt  with  in  the  same  mauueras  goods  nnlawluUy  imported  or  snuig- 
iWiiiloC'iiiiada. 

ID  If  the  importer  or  owner  of  any  warehoused  goods,  or  any  person  in  his  om- 
floy,  by  any  eoutrivance  opens  the  warehouse  iu  which  the  goods  are  or  gains  access 

Hlio  goods  except  in  the  presence  of  or  with  the  express  permission  of  the  proper 

rerof  the  customs,  such  importer  or  owner  shall  for  every  such  offense  forfeit  the 
m  of  liuo. 

I'i".  If  any  person  by  any  contrivance  gains  access  to  bonded  goods  in  a  railway 
pr,  or  to  goods  iu  a  railway  car  upon  which  goods  the  customs  duties  have  not  been 
^iil|Or  delivers  such  bonded  or  other  goods  without  the  ex|ire8s  permission  of  tho 


366 


RIGHTS   01''    AMERICAN   FISHERMEN. 


M 


l)ro[K'i-  (iflicor  of  ciiHtoiim,  8iii;li  person  shall  for  ovory  snch  offcusu  be  liable  tobo  ih, 
I>ri,soiu!(l  lor  iiny  period  not  loss  than  ono  month  nor  more  tban  ono  ycai 

Kil.  Any  jicrtion  wilfully  altering,  dolacing,  or  obliterating  any  mark,  iilaccdU j 

y  package  of  wareboused  goods,  or  goods  in  transit  sjiall 


any  oHlccr  of  custoais,  on  any 

for  ovory  Hiicli  ortcuse,  forfeit  tlio  sum  of  $rjOO. 

162.  All  vcHsela  with  the  guns,  tackle,  aitparel.  and  furniture  thereof,  veJiicU 
barucMs,  tackle,  horses,  and  cattle  made  use  of  in  tbo  imi)ortation  or  unisliippJM^ 
landing  or  removal  of  any  goods  liable  to  forfeiture  under  this  act,  8hall  IxiHeizedaiid 
forfeited;  and  every  person  assistin'g  or  otberwise  concerned  in  im])()rt lug,  uushjr,. 
jiing,  landing,  or  removal,  or  in  the  harboring  of  such  goods,  or  into  wli(i,so''iiaii(isJJ 
possession  the  same  knowingly  come,  shall  forfeit  treble  the  value  of  such  goods  or 
the  penalty  of  $"-iOO  at  the  election  of  the  party  suing  for  the  same ;  and  the  avcrnitiit 
in  any  information  or  libel  exhibited  for  the  recovery  of  such  penalty,  that  micb  patty 
liivs  elected  to  sue  forthesL.n  mentioned  in  the  information  or  libel,  shall  bosufficieDt 
proof  of  such  election,  without  any  other  evidence  of  the  fact. 

10:^.  If  any  vessel  io  found  hovering  (in  British  waters)  within  one  league  of  the 
coasts  or  shores  of  Canada,  any  otiicer  of  customs  may  go  on  board  and  euter  into 
such  vessels  and  stay  on  board  euch  vessel  while  she  remains  within  tholimitsol 
Canada  or  within  one  league  thereof;  and  if  any  such  vessel  is  bound  elsewhere  and 
so  continues  hovering  for  the  space  of  twenty-four  hours  after  the  master  has  bee: 
required  to  doj>art  by  such  otiicer  of  customs,  such  ofilicer  may  bring  the  vesHclinto 
port  and  examine  her  cargo,  and  if  any  goods  prohibited  to  be  imported  into  Cmiadj 
are  on  board,  then  euch  vessel  with  her  apparel,  rigging,  tackle,  fu  in  it  lire,  stores, 
and  cargo  shall  be  seized  and  forfeited;  and  if  the  master  or  person  in  charge  refusw 
to  comply  v/ith  the  lawful  directions  of  such  otiicer  or  does  not  truly  auswersiicb 
(piestions  as  are  put  to  him  respecting  such  ship  or  vessel  or  her  cargo,  ho  shall  for. 
feit  and  i»ay  the  sum  of  $400. 

U)4.  Every  person  proved  to  have  been  on  board  any  vessel  or  boat  liable  to  for- 
feiture for  having  been  found  within  one  league  of  the  coasts  or  shores  of  Canada 
having  on  board  or  attached  thereto  or  conveying  or  having  conveyed  auythiiij; siiC 
jecting  such  vessel  or  boat  to  forfeiture,  or  who  shall  be  proved  to  have  beeu  ou  boani 
any  vessel  or  boat  from  which  any  part  of  the  cargo  shall  have  been  thrown  over- 
board or  destroyed^  or  in  which  any  goods  shall  have  been  unlawfully  brongbtiuto 
Canada,  shall  forfeit  $100,  provided  such  person  shall  have  beeu  knowingly  concerned 
in  such  acts. 

Ui;').  Ollicers  of  customs  nuiy  board  any  vessel  at  any  time  or  place  a'.id  stayoa 
boaid  until  all  the  goods  intended  to  be  unladen  shall  have  been  delivered;  tiiey 
shall  have  free  access  to  every  part  of  the  vessel,  with  power  to  fasten  down  battli- 
ways,  the  forecastle  excepted,  and  to  mark  and  secure  any  goods  on  board;  iuulif 
any  place,  box  or  chest  be  locked,  and  the  keys  withludd,  the  otiicer  may  open  tlie 
same.  If  any  goods  be  found  concealed  ou  board  Ihey  shall  be  seized  and  forfeited, 
and  if  any  mark,  lock,  or  seal  npon  any  goods  on  board  be  wilfully  altered,  opened, 
or  broken,  before  the  delivery  of  (he  goods,  or  if  any  goo.is  be  secretly  conveyed 
away,  or  if  hatchways  fastened  down  by  the  oflicer  be  opened  by  the  lUiWtcr, or 
with  his  assent,  the  moster  shall  forfeit  $400,  and  the  vessel  may  bo  detained  until 
the  said  lino  bo  ^/aid,  or  satisfactory  security  be  given  for  the  payment  thereof. 

IGG.  The  collector  or  other  proper  othcerofthecnstomsmaystatiouofficerson  board 
any  ship  while  within  the  limits  of  a  port,  and  the  master  shall  provide  every  snch 
officer  with  suitable  accommodation  and  food,  under  a  penalty  of  $'200. 

167.  If  any  person  at  anytime  Jbrges  or  counterfeits  any  mark  or  brand  to  resemble 
any  mark  or  brand  provided  or  used  for  the  purposes  of  this  act,  or  forges  or  counter- 
feits the  impression  of  any  such  mark  or  brand,  or  sells  or  exposes  to  sale,  orhasia 
his  custody  or  possession,  any  goods  with  a  counterfeit  mark  or  biand,  knowinjjilie 
same  to  be  counterfeit,  or  uses  or  affixes  any  such  mark  or  brand  to  any  other  goods 
required  to  be  stamped  as  aforesaid,  other  than  those  to  which  the  same  was  orign- 
ally  affixed,  such  goods  so  falsely  marked  or  branded  shall  be  seized  and  forfeited,. 
and  every  such  offender,  and  his  aiders,  abettors  or  assistants,  shall,  for  every  sofi] 
offense,  forfeit  and  pay  the  sum  of  $200,  which  penalty  shall  bo  recoverable  in  a  sun 
mary  way,  before  any  two  justices  of  the  peace  in  Canada;  and  in  defanltofpay 
ment  the  party  so  offending  shall  be  committed  to  any  of  Her  Majesty's  jails  iai 
Canada,  for  a  pcviou  not  less  tban  two  months  and  .,ot  exceeding  twelve  iiioutlic 

1()8.  If  any  person  counterfeits  or  falsifies,  or  uses  when  so  counterfeited  or  falsin 
any  pa|)er  or  document  reciuircd  under  this  act,  or  for  any  purpose  thcieiu  ineutioueil,| 
Avliother  written,  printed,  or  otherwise,  or  by  any  false  statement,  procures  mt\ 
document,  or  forges  or  counterfeits  any  certificate  relating  to  any  oath,  ordeclarij 
tlou  or  affirmation  hereby  required  or  authorized,  knowing  the  same  to  beeofori-'t 
or  counterfeited,  such  person  shall  bo  guilty  of  a  misdemeanor,  and  being  tlierei 
convicted,  shall  be  liable  to  bo  punished  accordingly. 

169,  If  auy  wilfully  false  oath,  affirmation,  or  declaration  be  made  in  anj  (*i 
where,  by  this  act,  an  o^th.  affirmation  or  declaration  is  required  or  authorized,  il 


^^ 


"f^' 


'i'."-:?| 


UIOHTS    OF    AMERICAN    FI8UERMEN. 


367 


i   ,.  iiijiliiiijr  flio  Hfiiiio  Kball  bo  guilty  of  wilful  and  corrupt  perjury,  and  liiiblo  to 
jr.Liisbiiieiit  luovidcd  for  tliat  offonBO. 

,.y  11  jiiiv  iK.'isou  re(]uircd  by  tliiH  act  or  by  jiiiy  otlior  law  to  auRwer  qucationu 
bill  loliiui  by  iiiiy  ofliccr  of  t!io  customs,  refuses  to  nuBwor  or  does  not  truly  auHwer 
ncli(|ii«"i""''>  "'"  ;"'''«<J"  **'» ''•^'"siug  01  not  truly  answering  suoli  (iiiest ions,  shall, 
L,p  j,,i(l  uliovo  any  tillier  penalty  or  puuiBliiuent  to  wliieb  be  becomes  subject,  for- 
titthcsum  et'if400. 

'1*1.  i'>ery  ofliter  and  jicrson  employed  under  Ibe  authority  of  any  act  relating  to 
j)c collection  of  tlit>  revenue,  or  under  the  direction  of  any  olBcer  in  the  customs  do- 
lirliiieu'! '"'  '»'"o  '"'  oflicer  of  tlio  said  department, sb-iN  bo  deemed  and  taken  to  bo 
|ply ,;,„|,i()yL'(l  lor  tlie  prevention  of  smuggling ;  and  in  any  suit  or  information,  tbo 
kcnneiit  '.lint  such  j'arty  was  so  duly  employed  sIiiiU  bo  sufficient  i)roof  thereof 
I'l  Any  Hiicli  otlicor  or  jierson  as  mentioned  in  the  next  preceding  section,  andany 
Imli' (II  justice  of  the  jjeace,  or  person  residing  more  than  10  miles  from  the  resi- 
leiicii'it'iiiiy  ollicer  of  cuHtoms  and  thereunto  authorized  by  any  collector  of  customs 
Jf  jiislicc  oi  till'  peace,  may,  upon  information,  or  upon  reasonable  grounds  of  sus- 
lioiou,  iliitaiii,  open  and  examine  any  package' suspected  to  contain  prohibited  prop- 
VvoiBmiif;gle(l  goods,  or  goods  respecting  which  there  has  been  any  violation  of 
jv(il'tln)  i('(|iiiieinents  of  this  act,  and  may  go  on  board  of  aiid  enter  into  any  vessel 
rvrliicltol'iniy  descripiion  whatsoever,  and  may  stop  and  detain  tbo  snm<',  whether 
^riviiiL' iVoin  places  beyond  or  within  tl  l:i;.;tj  jf  Canada,  and  may  rummage  and 
jreli  III)  itiii'l-^  thereof,  lor  such  goods  ;  and  if  any  such  goods  aro  found  in  any  such 
l^sclor  velii(.ie,  tlu^  (jllieer  or  jierson  so  employed  may  seize  and  secure  such  vessel 

vrliiilc,  toK"''"'''^^''''  ""  the  sails,  rigging,  tackle,  apjian-l,  horses,  harness,  and  all 
IIIki  apiiiirtciiJinces  which,  at  the  time  of  such  seizure,  helong  to  or  are  attached  to 

ivi'ssil  (ir  veliifii!,  with  all  goods  and  other  things  laden  'herein  or  thereon,  and 
Iicsaiiichliall  Ije  seized  and  forfeited. 
i;:i.  Any  ollicer  or  person  in  the  discharge  of  the  duty  of  seizing  goods,  vessels,  ve- 
it'cM.di  property  liabhi  to  forfeiture  under  this  act,  may  call  in  such  lawl'iil  aid  and 
jsisiaiiw'  in  I  he  (Jneen's  name,  as  may  be  neeessary  for  secnring  and  protecting  such 
Li'ilpimls,  vessels,  vehicles,  or  property;  and  if  no  such  prohibited,  forfeited  or 
liUL'^'li'il  goods  are  tbuiid,  such  ollicer  orpersou,  having  had  leasonable  cause  to  sus- 

[  that  prohibited,  forfeited,  or  smuggled  goods  would  be  fonnd  therein,  shall  not 

liablr  to  any  I)l•o^;ecution  or  action  at  law  lor  any  such  search,  detention  or  stop- 

[1"4.  Every  master  or  person  in  charge  ot  any  vessel,  and  every  driver  or  person 
jiiiliiiting  or  having  charge  of  any  vehicle  or  conveyance,  refusing  to  stop  when  re- 
iirtd  to  (io  KO  by  an  officer  of  customs,  or  person  employed  as  such,  iu  tho  Queen's 
liiii',  iiud  any  person  being  present  at  any  such  seizure  or  stoppage,  and  being 
ilicil uiioii  in  the  (Jiieeu's  name  by  such  otliier  or  person  to  aid  and  assist  him  in  a 
Iwfiil  way,  and  leliising  so  to  do,  shall  iorfeit  and  pay  tho  sum  of  $<J00,  which  peii- 
Ttvfliall  be  snininarily  recovered  before  any  two  justices  of  tho  peace  in  Canada,  or 
lliire  any  judge  or  magistrate  having  the  powers  t)f  two  justices  of  the  peace  ;  and 
Jdtfaulior  payment  the  oll'endei  shall  bo  committed  to  any  jail  iu  Canatla,  for  a 
Irindiint  rxcceding  six  mouths. 

Ili'i.  Any  oHicer  of  customs  having  first  made  oath  before  a  justice  of  tho  peace 
laiklias  rca.-ona'./le  cause  to  suspect  that  goods  liable  to  forfeiture  are  in  any  par- 
fcii'ir  iiniiding.  or  in  any  yard  or  other  place,  open  or  inclosed,  may,  with  such  as- 
llaiKr  as  may  be  nccess-ary,  enter  therein  at  any  time  between  sunrise  and  sunset, 
|tiHl:iMliior,s  are  fasieiied,  then  admission  shall  be  first  dcnninded,  and  tho  purpose 
■wliicli  ciiivy  is  i(M|uired  declared,  when,  if  admi.ssion  shall  not  be  given,  he  may 
iiy  ciitci  ;  and  when  iu  either  case  entry  shall  bo  made,  tho  otiicer  shall  search 


bnlii 


fc  iiriiiii^es.  and  seize  all  goods  subject  to  forfeiture;  these  acts  may  bo  done  by  an 
lifi'i  (if  (usioiiin  without  oath  or  tho  aS'Sistauce  of  a  justice  of  tho  peace,  in  places 
itii'  iiiijcsUce  lesules,  or  where  no  justice  can  bo  found  within  livemiles  at  the  time 

i:llVll 

I'li  li'iiny  building  bo  upon  the  boundary  lino  between  Canada  and  any  foreign 
jiiiiiv  and  there  is  r(>ason  to  believe  that  dutiable  goods  aro  dopositod  or  have  been 
ilii.'niii.  or  carried  through  or  into  tho  same,  without  payment  of  duties  and 
|v.iialmji  1)1  law,  and  if  the  coTlect'r  or  proper  ollicer  of  cnsioits  makes  oath  before 
!  IumWm  (if  tli(.  peace  that  ho  has  reahon  to  believe  as  aforesaid,  such  ccdlector  or 
'lb  liav(^  the  right  to  search  such  bnildingaiid  tho  pi-  inises  belonging  there  to, 
!i('  HaiiK!  may  bo  within  the  limits  of  Canada,  .ind  if  any  such  goods  bo  found 
ill  f-aiiie  shall  be  seized  and  forfeited  ;  and  any  merchant  or  the  person  who 
11  have  liKii  jriiilty  of  a  violation  of  ihe  provisions  of  this  section  shall  bo  pun- 
f^l'cliy  a  line  of  not  less  than  $'200  nor  more  than  |1,0('0 

'  Ilea  ajiplicaiiou  by  or  on  behalf  of  The  attorney-general  of  Canada  to  the 

(.oiiit  of  Canada,  or  any  judge  tlioreof  in   chambers,  such  court  or  judge 

I  a  wiit  of  assistauco  for  such  ofiicer  or  officers  of  customs  as  may  be  named 

I'll  11  a  I  Kill.    Such  writ  shall  havo  force  and  olTcct  over  tho  whole  of  Canada, 


3G8 


RIGHTS   OF   AMERICAN   FISHERMEN. 


f 


f,.' 


IKT 


iinl<'H8  upon  tlio  iipiilicatiou  of  tho  attornpy-Kcnoral  it  bo  Uiuitodto  soiniipartornarii 
tlRin^ol".  Siicli  writ  shull  romain  in  force  bo  long  hh  any  person  named  tlieioin  romjiiT 
an  oflicer  of  Iho  cn'<toni8,  wbetUer  in  the  same  capacity  or  not,  or  until  siieh  writ  i! 
revoked  l)y  the  II      ister  of  cnstonis.  i 

178.  Every  wrii  I' uHHiHtanco  granted  before  the  coming  into  force  of  this  act  nniler 
the  authority  of  1 1  KtH  hereby  repealed  shall  remain  iu  force,  notvvitliatundii'iggDch 
repeal,  an  if  snch  acta  liad  not  been  repealed.  j 

1711.  Under  tin;  authority  of  a  writ  of  assistance  any  officer  of  tlie  rustoins,  oranv 
l)er8on  emj)]oyed  for  that  purpose  with  the  concurrence  of  the  governor  iu  council 
expressed  either  by  special  order  or  appointment  or  by  general  regulation,  mayunttr 
at  any  time  in  the  day  or  night  into  any  building  or  other  place  within  tbo  juri«Jic- 
tion  of  the  court  granting  such  writ,  and  may  search  for  and  seize  and  secure  aw 
goods  liable  to  forlciture  under  this  act,  and  iu  case  of  necessity,  may  breakopeaaov 
doors  and  any  chests  or  other  packages  for  that  purpose. 

180.  Any  offl(!er  of  customs,  or  i)erson  by  him  authorized  thereunto,  may  search anj  | 
])erson  on  board  any  vessel  or  boat  within  any  port  iu  Canada,  or  in  any  vessel,  boator  I 
vehicle  entering  Car;ada  by  land  or  inland  navigation,  or  any  person  who  may  liavj I 
landed  or  got  out  of  such  vessel,  boat,  or  vehicle,  or  who  may  have  conio  into  Canadjl 
from  a  foreign  country  iu  any  manner  or  way,  provided  the  ollicer  or  porsou  so  scarcli| 
i  ng  has  reasonable  cause  to  suppose  that  the  person  searched  may  have  goods  subject  to  I 
entry  at  the  customs,  or  prohibited  goods,  secreted  about  his  person ;  and  whoever  I 
obstructs  or  ott'cis  resistance  to  such  search,  or  assists  in  so  doing,  shall  thereby  iDcurjl 
forfeiture  of  $100 ;  and  any  person  who  may  beon  board  of  or  may  have  landed  fromorl 
got  out  of  such  vessel,  boat,  or  vehicle,  or  who  may  have  entered  Canada  froinaforciTil 
country  in  any  manner  or  way,  may. be  questioned  by  such  officer,  as  to  \vLetLtTije| 
lias  any  such  goods  abort  bis  person,  and  if  ho  denies  havin<j  any  such  goods,  ordotij 
not  produce  sucli  as  ho  may  have,  and  any  such  goods  are  lound  upon  hiuioii  beinJ 
searched,  the  goods  shall  bo  seized  and  forfeited,  and  he  shall  forfeit  treble  tiic  valwl 
thereof:  I'lovidcd,  That  before  any  person  can  be  searched,  as  aforesaid,  sncL  ptrsoJ 
nniy  require  the  oiiicertofake  him  or  her  before  some  police  magistrate,  justice  of  tbJ 
])eacc,  or  before  the  collector  or  chief  otilcer  of  the  customs  .'vt  the  place,  wb()shall,ii 
he  sees  no  reasonable  cause  for  search,  discharge  such  person;  but  if  otberwisc iJ 
shall  direct  such  person  to  be  searched ;  and  if  a  female,  she  shall  not  be  searcheil't 
any  but  a  female ;  and  any  such  magistrate  or  justice  of  the  peace  or  collcctoriii 
toms  may,  if  there  bo  no  female  appointed  for  such  purpose,  employ  and  autLu 
sninble  female  person  to  act  in  any  particular  case  or  cases. 

181.  An  J'  officer  required  to  take  any  person  before  a  police  magistrate,  justice  o 
the  peace,  or  chief  officer  of  customs,  as  aforesaid,  shall  do  so  with  all  reasouaW 
dispatch;  and  if  any  officer  requires  any  person  to  be  searched  without rcasontblj 
cause,  such  officer  shall  forfeit  and  pay  any  sum  not  exceeding  flO. 

li^i.  If  any  goods  or  property  or  vehicle,  subject  or  liable  to  forfeitiiro  under  thi 
act,  or  any  other  law  relating  to  the  customs,  are  stopped  or  taken  by  any  poiiecf 
jieace  officer,  or  any  person  duly  authorized,  such  goods  and  property  aud  vdiicli 
shall  be  taken  to  the  cnstom-houso  next  to  tJio  place  where  the  same  were  stoppedol 
takiui  and  (hero  delivered  to  the  proper  officer  authorized  to  Receive  the  same  withij 


forty-eight  hotws  after  the  same  were  stopped  atnd  taken. 
1H;J.  It'  any  sucli  goods  or  property  or  veJiicles  .'i' 


'>r  taken  by  such  ' 
■  ly  e/oicii,  sue! 
■  ■  f.'ikeii,  there 
\l}6  trial  of  tlio  I  tier;  amlineiH 

case  the  officer  shall  give  notice  in  writinjt  to  lli'e  collector  or  j[)ij;i'  ijial  oflicerdfll 


or  peace  officer  on  suspicion  tliat  the  eamo  Jiavo 
shall  carry  the  same  to  the  police  office  to  which  liii 


ch  gooc/s 


main  until  anil  in  order  to  bo  prodncoi.  at  il^e  trial  of  tlio 

case  the  officer  shall  give  notice  in  writinjt  to  lli'e  collectoi 

Majesty's  customs  at  the  port  nearest  to  tlio  place  wliere  sucfi  ^ooi/s  bayo  Ik'bj 

taincd,  of  his  having  so  detained  the  said  goods,  with  the  particu/ai.-;  >  f 

and  immediately  after  the  trial  ull  such  goods  sliall  be  conveyed  to  ami  ii- , 

the  custom-houise  or  other  place  appointed  as  aforesaid,  and  proceedings  rulati" 

the  same  shall  bo  had  according  to  law. 

Id4.  Ju  case  any  police  or  peace  officer,  having  detained  such  goods,  nei^lnUl 
convey  ihe  same  to  thecustom-honse,  or  to  give  notice  of  having  slopped  the  saiiij 
before  pn.'scrilx-d,  such  officer  shall  Ibrfeit  tho  sum  of  $100;  and  .siiib  jioiiallysc 
be  rec.ijvcrablc  in  a  siinunary  way  boforo  any  one  or  more  justices  of  the  pitaccoru 
j)olir,o  magistrate,  and  in  default  of  payment  the  party  so  oifendiiig  shall  bo  coiiimiti 
to  any  of  Her  MujcBty's  jails  for  a  period  not  exceeding  thirty  days. 

185.  If  any  person  whatever,  whether  pretending  to  bo  the  owner  or  not,  citi 
secretly  or  openly,  and  whether  with  or  without  force  or  violence,  takes  or  ca| 
.iway  any  goods,  vessel,  vehicle,  or  other  thing  which  have  been  seized  ordet« 
on  suspicion,  as  forlbitcd  under  this  act^  before  tho  same  have  been  declared  byo 
potent  authority  to  have  been  seized  without  due  cause,  and  without  tliepmiiia 
of  the  oflici^r  or  jierson  having  seized  tho  same,  or  of  fiomo  competent  aulliority.!" 
person  shall  be  deemed  to  have  stolen  such  goods,  being  the  property  of  HorJI»j« 
and  to  be  guilty  of  felony,  ajuU  shall  be  liable  to  ^MaisUmeut  aiicprdinglj'- 


•asAi 


RIGHTS   OF  AMERICAN   FISHERMEN. 


a09 


18fi  If  "".V  perKOii,  under  any  j)rctenHC,  eitbcr  by  actaal  assauU.,  force,  or  violciico, 
r  i)V  tliriiits  of  Bucb  assault,  force,  or  violence,  in  any  way  resists,  opposes,  molests, 
nrdijstructs  any  ofliccrof  customs,  or  any  person  acting  in  bis  aid  or  assistance,  in 
tli(Mll»cliiirf;<'  of  bis  or  tbeir  duty,  under  tbe  autbority  of  tbis  act,  or  any  otber  law 
1,1  force  in  Canada,  relating  to  customs,  trade,  or  navigation,  or  wiliully  or  nmlicionsly 
liootsatorattoniiits  to  destroy  or  damage  any  vessel  belonging  to  Her  Majesty,  or  in 
tliewnici)  of  tbe  Dominion  of  Canada,  or  maims  or  wounds  any  officer  of  tbe  Army, 
Navv,  iiia'''"*'i  or  cu8t«mB,  or  any  person  acting  in  bis  aid  or  assistance  wbile  duly  om- 
ploveii  f'"' ''"'  prevention  of  smuggling  and  in  execution  of  bis  or  their  dut.V'-'or  if, 
aiiv  person  it  fonnd  witb  any  goods  liable  to  seizure  or  forfeiture,  under  tbis  act  or 
8IIV  otlicr  law  relating  to  customs,  trade,  or  navigation,  and  carrying  offensive  arms 
orwiaiMms,  or  in  any  way  disguised,  or  staves,  breaks,  or  in  any  way  destroys  any 
such  coodH,  before  or  after  tbe  actual  seizure  thereof,  or  scuttles,  sinks,  or  cuts  adrift 
aiiv  vessel,  or  destroys  or  injures  any  vebielo  or  animal,  before  or  after  tbo  seizure, 
orwilfnlly  and  maliciously  destroys  or  injures,  by  fire  or  otherwise,  any  custom-house 
or  any  building  whatsoever  in  which  seized,  forfeited,  or  bonded  goods  are  deposited 
or  kept,  such  ijcrson  being  convicted  thereof,  shall  bo  adjudged  guilty  of  felony,  and 
i  (hall  bfl  pnnisbablo  accordingly. 

?7.  If  any  ofiiccr  of  tbe  customs,  or  any  person  who,  with  the  concurrence  of  the 
iiiiiiisterof  cnstoms,  is  employed  for  <he  i)revention  of  smuggling,  makes  any  coUu- 
sivescizuio,  or  delivers  up,  or  miikes  any  agreement  to  deliver  ujx  or  not  to  seize  any 
vi'sml,  boat,  carriage,  goods,  or  thing  liable  to  forfeiture  under  this  act,  or  takes  or 
I  ami'ts  a  iivoniiHc  of  any  bribe,  gratuity,  recompense,  or  reward  for  the  neglect  or 
I  iioniierfnnnancc  of  bis  duty,  such  ofiieer  or  other  person  shall  be  guilty  of  a  misde- 
i  nii'iiiiDi',  and,  on  conviction,  forfeit  for  every  such  oll'ense  tbe  sum  of  $500,  and  bo  im- 
liirisoued  for  a  period  not  less  than  three  months  nor  n)ore  than  two  years,  and  be  rcn- 
(dcml  incapable  of  serving  Her  Majesty  in  any  oilJce  whatever ;  and  every  person  who 
I  pves,  or  oilers  or  promises  to  give,  or  i)r<)cure  to  be  given,  any  bribe,  recompense,  or 
ronanl  to.  or  makes  any  coUnsive  agreement  witb,  any  such  ofiieer  or  [leraon  as  afore- 
said, to  induce  him  in  any  way  to  neglect  his  duty,  or  to  conceal  or  connive  at  any 
1  art  wLercby  tbe  provisions  of  this  act,  or  any  law  relating  to  the  customs,  trade,  or 
'  lavi^ationj  might  be  evaded,  shall  bo  guilty  of  a  misdemeanor,  and  shall,  on  con- 
ivldion,  forfeit  for  every  such  offense  the  sum  of  ^500,  and  bo  imprisoned  for  a  period 
iDot  less  tban  three  months  nor  more  than  two  years. 

If8.  All  penrdties  and  forfeitures  incurred  under  this  act,  or  any  other  law  relating 
[to  (lie  custom'  or  to  trade  or  navigation,  may,  in  addition  to  any  other  remedy  pro- 
Ividod  byihis  a  t  or  by  law,  be  j)roseeiited,  sued  for,  and  recovered,  witb  full  costs  of 
Itiiif,  ill  the  excb<!quer  court  of  Canada,  or  in  any  superior  court  having  jurisdiction 
IId  that  province  in  Canada  where  tbe  cause  of  prosecution  arises,  or  wherein  the  de- 
Ifendant  is  served  witb  process;  and  if  tbo  amount  of  any  such  penalty  or  forfeiture 
liloos  uot  exceed  $200,  tbe  same  may,  in  the  Provinces  of  Ontario,  Quebec,  New  Bruns- 
Inick,  Xova  .Scotia,  British  Columbia,  Manitoba,  and  Prince  Edward  Island,  respect- 
lively,  al^o  be  prosecuted,  sued  for,  and  recovered  in  any  county  court  or  circuit  court 
liiaviiii;  jiuisiliction  in  tbo  place  where  the  cause  of  prosecution  arises,  or  where  tbe 
Ideti'iidaiit  it)  served  with  process. 
Ht,  All  penalties  and  forfeitures  imposed  by  this  act,  or  by  any  other  act  relating 
'  the  enstonis  or  to  trade  or  navigation,  sliall,  unless  other  provisions  bo  uuido  for 
likreiovery  tliejcol',  bo  sued  for,  inosecuted,  and  recovered,  witb  cost,  by  Her  Majesty's 
lattoriieygeiierHl  of  t'linadn,  or  in  the  name  or  names  of  the  commissioner  of  cus- 
Itonts,  or  Home  ofiieer  m  ifT'  '  i  <  of  the  customs,  or  other  person  or  persons  thereunto 
lanthorized  by  tbe  go  (  oiincil,  either  expressly  or  by  general  regulation  or 

pit,  and  by  no  otfei  ii.ai., . 

I'M  All  penalties  and  forfeitures  impoiscd  by  tbis  act,  or  by  any  otber  law  relating 
jtothe  custoiiiB  or  to  trade  or  navigation,  may,  in  tbo  Province  of  Quebec,  bo  sued  for, 
Hir'j*(nted,aDd  recovered, with  full  eostw  of  the  suit,  by  the  same  proceeding  as  any 
ptlitr  moneys  due  to  tb(i  Crown,  and  all  suits  or  prosecutions  for  tbe  recovery  thereof 
pall,  ill  tliaf  [irovince,  be  beard  and  determined  in  like  manner  as  other  suitaor  pros- 
kcntious  in  the  same  court  for  moneys  due  to  tbe  <;rown,  '  ■  ■  *  that  in  tbo  circuit 
part  tlio same  shall  be  heard  and  dotennined  in  a  siinm)  or ;  but  nothing  in 

jtlii< section  sliull  aU'ect  any  provisions  of  this  act,  cxcejil  mm  u  .mly  as  relate  to  tbo 
piiriuof  procoeciiug  and  of  trial  in  such  suits  or  prosecutions  as  aforesaid. 
I;*).  Any  prosecution  or  suit  in  the  exchequer  court  of  Canada,  or  in  any  snperjor 
lit  oieirniit  court  of  a  province  for  the  recovery  of  any  penalty  or  forfeiture  im- 
*dby  this  act,  or  by  any  other  law  relating  to  the  customs  or  to  trade  or  naviga- 
It,  may  be  coninienced,  prosecuted,  and  proceeded  witb  in  accordanc(!  with  any  rules 
|(liiai'ti(e,  freueral  or  special,  established  by  tbe  court  for  Crown  suits  in  revenue 
Batters,  oi  in  accordanoo  witb  tbo  usual  jtracvico  and  procedure  of  tbo  court  in  civil 
isfsiiiho  far  as  hucb  practice  and  procedure  maybe  aj>plicable,  and  wherever  not 
Wlieabie,  then  in  accordance  with  the  directions  of  the  court  or  a  judge  in  chambers. 

IS.  Ex.  113 24 


370 


RIGHTS   OF   AMEltlCAN   FISHERMEN. 


SHU 


Tlio  vt'iiiio  in  any  micli  proHccution  or  Huit  iinvy  bo  laid  in  any  comity  in  tint  inovlnoi! 
notwitliHlantling  tlwit.  tlio  causo  of  inosecution  or  Buit  did  not.  ariho  in  Niirh  (uimiy 

l'J2.  Any  jn(l>{o  of  tlio  court  in  wliicli  any  i)ri)8ocution  or  suit  \h  i)r()iinlii  forthof , 
covcry  of  any  penalty  or  forfoitnro  aw  aforoHaid  nniy,  npon  boin>j  salinliid  hvailiilail 
vit  tlnit  tlioro  is  rouKou  to  beliovo  that  the  defendant  will  leave  the  I>r<iviii(:,rvvit!ii)i,t| 
KatiHl'yinfj;  wneli  penalty  or  forfeitnre,  isBUO  a  warrant  nnder  his  bund  uw]  stmlfurilel 
arniHt  and  detention  of  the  defendant  in  the  coniuion  jail  of  the  conuty,  iiis!ri;t  t\ 
place  nntil  bo  Iuih  given  Hecurity  (before  and  to  the  satiHfaction  of  Nncli  ,jii(lj»o  oriiiujl 
t)tber  jud<;o  of  the  sa'iio  eonrt)  for  the  payniout  of  snch  penalty,  with  tuhU,  iucanl 
jndpnient  bo  yiven  -.gainHt  him. 

I'jb.  In  any  .ie.iaration,  informal  ion,  statement  of  claim,  or  proeuediiifr  ji,  imy  j|u,jji 
proseeutioii  or  Huit,  it  uliall  be  Hutlkuent  to  state  the.j)enalty  or  forfeiturn  incurred  I 
and  tho  act  or  section  under  which  it  is  allegc^d  to  have  been  inenrred,  witlioutfiir!! 
ther  particnlara ;  and  tho  avennent  that  the  jierson  seizinjf  was  and  isuiuilliciTofl 
tho  customs  shall  bo  sntlieieut  evidence  of  tho  fact  alleged  Onless  it  bo  coutradictail 
by  some  superior  oflicer  of  tho  customs.  I 

I'Jl.  In  every  prosecution,  information,  suit,  or  proceeding  brought  under  tliis  a«| 
for  any  penalty  or  forfeiture,  or  upon  any  bon<l  given  under  it,  or  in  any  inattornj-I 
lating  to  tho  customs  or  to  trade  or  navigatiou,  Her  Majesty,  or  those  wlio  oiui  fot I 
such  p(!nalty  or  forfeiture,  or  ui>on  such  bond,  shall,  if  they  recover  the  sauu',  Imeu- ! 
titled  also  to  recover  fnll  costs  of  suit ;  and  all  such  p(!iialties  ami  costs,  it'  ndt  jaid 
may  be  levied  on  tho  goods  and  chattels,  lauds  and  tenements  of  the,  (Ict'cnihitit  io 
the  same  manner  as  sums  recovered  by  judgment  of  the  court  in  which  tlin  jnosmi- 1 
tion  is  brought  may  bo  levied  by  execution,  or  payment  thereof  may  lie  (iiifurcwl  liy 
capias  ad  mtisfadendiim  agaiust  the  person  of  tho  defendant  under  the  sumo  cniidi-l 
tions  and  in  like  manner.  I 

Its').  If  in  any  case  tho  attorney-general  is  satisiied  that  tho  penalty  er  forfi'itnrs I 
was  incurred  without  intended  fraud,  bo  may  euter  a  nolle  prosequi  on  sucL  tenusMi 
ho  may  see  lit,  and  which  shall  be  binding  on  all  parties  ;  the  entry  of  nnvAi  mlkfro- 
Hcqni  shall  bo  reported  to  tho  minister  of  customs^  with  tho  reasons  therd'or, 

11)6.  In  any  prosecution,  suits  or  other  proceeding  for  tho  recovery  of  any  piMialiy  or  I 
forfeiture  as  aforesaid,  or  for  an  offeuso  against  this  act  or  any  other  law  rdatini'to 
the  customs,  or  to  trade  or  navigation,  tho  avermont.that  the  cause  of  prosieiitiunor! 
suit  arose,  or  that  sncli  oflenso  was  committed,  within  tho  limits  of  any  districit,  cuiiBtj, 
port,  or  place  shall  be  suflicient,  without  proof  of  such  limits,  unless  tbo  contrary  ij  I 
proved.  I 

197.  If  any  prosecution  or  suit  is  brought  for  any  penalty  or  forfeitino  iindirthijl 
act,  or  any  other  law  relatiug  to  the  customs  or  to  trade  or  navigation,  and  any  i|ne»-  [ 
tion  arises  whether  tho  duties  have  been  paid  on  any  goods,  whether  the  saiiie  have  I 
been  Lawfully  imported,  or  lawfully  laden  or  exported,  or  whether  , any  other  tliiiin 
hath  been  done  l)y  which  such  penalty  or  forfeiture  would  bo  avoided,  tlic  biirdn  ] 
of  proof  shall  lie  on  tho  owner  or  claimant  of  the  goods,  and  not  on  the  party  liriiij- 
ing  such  prosecution  or  suit. 

198.  All  vessels,  vehicles,  goods,  and  other  things  seized  as  forfeited  under  this  ait,  I 
or  any  other  law  relating  to  customs,  or  to  trade  or  navigation,  shall  bo  placed  in  the 
custody  of  the  nearest  collector  and  secured  by  him,  or  if  seized  by  an  oiticor  in  charge 
of  a  revenue  vessel,  shall  bo  retained  on  board  thereof  until  her  arrival  in  port,  a.id 
shall  be  deemed  and  taken  to  bo  condemned,  without  suit,  infurination,  or  ))nicce,liiij;s 
of  any  kind,  and  may  bo  sold,  uulcis  tho  person  from  whom  they  were  seized,  nr  the  I 
owner  thereof,  or  some  person  on  his  behalf,  within  c«io  month  from  tlie  day  of  seiz-l 
ure,  do  give  notice  in  writing  to  the  seizing  officer  or  other  chief  ofiictr  (it'tliccmtomij 
at  the  nearest  port  that  he  claims  or  intends  to  claim  the  same;  ami  the  bunkuofj 
proof  that  such  notice  was  duly  given  in  any  case  shall  always  lie  upon  the  persoDj 
claiming. 

199.  Notwithstanding  that  no  such  notice  has  been  given,  proceedings  Uit  [Iw  <•'«■  \ 
demnation  of  the  things  seized  may  bo  commenced  and  prosecuted  to  jiulgmeut. 

200.  So  soon  as  proceedings  have  been  commenced  iu  any  court  for  tije  comViuuii- 
tion  of  anything  seized,  notice  thereof  shall  bo  posted  up  iu  the  office  of  the  {W,  i 
registrar,  or  prothonotary  of  the  court,  and  also  in  tho  office  of  the  collector  attliof 
port  at  which  the  thing  has  been  Hni/.t"!  n?  aforesaid;  and  if  it  bo  a  vessel,  shall  also  | 
bo  posted  on  a  mast  thereof,  or  on  aouii  <  onspicuous  place  on  board. 

201.  Any  person  desiring  to  claim  anythnig  ^  i/a]  after  proceedings  for  eondciiina- 
tion  thereof  have  been  commenced  miist  file  such  cJaini  in  the  office  of  the  rlerk,TPg- 
istrar, or  prothonotary  of  tho  court;  such  claim  must  state  the  name, resident, awl j 
occupation  or  calling  i,f  the  person  mating  it,  and  must  bo  acco//i(/anied  by  an  aflldij 
vit  of  the  claimant  or  his  agent  Jiavinga  knowledge  of  tho  facts,  setting  furtliilu'iiii'- 
uro  of  tho  claimant's  title  to  tho  tjiing  seized. 

202.  Before  auy  vhinii  inn  be  filed  the  claimant  shall  ^ivc  .-•■ecnrity  to  thesatisfaitiiiii 
of  the  court  or  a  judge  tht'K'of  by  bond  in  a  penalty  ot  not  less  than  $20i),  m-  l)yai'f| 


KIGUTS    OF    AMEUICAN    FI8HEUMEN. 


371 


,  10  tilt! 


tornioiM'.v  not  k'>*»  tliim  tliiit  hiiiii,  for  llio  payiiiout  of  tlio  c-oMtM  of  tlio  piouomU 

(fdrcoiiili'iiiiiiitum. 

('  Ii'williin  (ino  nioiith  aCtor  llio  liint  poHlin^  of  tin;  iiotico,  iindur  Hcctioii  'JOG,  no 
',,1  (l,„  lliiiijr  Hcizcil  lio  (Inly  inailo,  iiiid  Mcciirity  for  cohIn  givoii  in  ucconlaiico 
ill  the  iiniviftioiis  of  thin  act  ami  of  tlio  pract k'o  of  tlio  foiiit,  jiulfjnieiit  by  (h-faiilt 
llitc(in(l«imiiitioii  of  tlio  tliiii<^  Hci/.td  may,  with  tho  Ujavo  of  tlio  court  or  a  jiulgo 
n^of,  bt't'iitiTcd. 

M  Aiiv  cdlh'i'tor  of  f.iiHtoiiiM  may,  aH  may  aJHO  any  court  or  judj^o  having  com[iu- 
tiiiri»ilii:li<'ii  to  try  ami  (U'tcniiim^  tlio  Hciznrc,  with  the  (toiiHoiit  of  the  coUoctor 
[lit  iiliicii  will  ro  tho  Ihint^H  srizod  air,  order  tli(>  dclivfiy  tlmrcof  to  thl^  owner,  on 
IciKisit  vitii  tJio  collector  in  money  of  a  huiii  at  least  cfjual  to  the  full  dnty-itaicl 
Imitip  III'  ih^tcnnincd  hy  tho  collector)  of  the  thinj;H  Heized  and  the  oHtimattHl  costa 
lliu|ii'i)('i't'iliii;;'H  in  the  caise ;  and  any  snm  or  tmiim  of  moiu^y  ho  de[)OHited  bIuiU  liu 
iticlv  (Irpi).sitcd  in  some  hank  a|i|i<iinted  tor  that  pnrpone  by  coinpetiMit  anthor- 
lliciredil  of  Ilnw«'ceiver-};cneial  of  Canada,  there  to  remain  until  forfeited  in 

iiiiscof  law  or  released  l>y  order  of  the  minister  of  customs;  and  in  case  such 

Mriliirtii'li's  ill'"  condemned,  the  mont^y  deposited  shall  lie  forfeited. 

ai'i.  If  tlio  lliiii;?  seized  lit!  an  animal  or  a.  iierishalihi  article,  the  colhsntor  at  whoso 

irt till)  Hiiiiir  is  may  sell  tho  wauie  so  an  to  avoid  tho  (ixpenso  of  keepin;;  it  or  to  pro- 

iutils  lit'cdiiilM},' deteriorated  in  vilno.     'J'lie  proceiulsof  such  Hale  shall  ho  deposited 

Doiiic  cliailcrcd  liank  to  the  credit  of  the  receivcr-j?encral  of  Canada,  and  shall 

lidi'tliejiid^'nieiit  of  the  court  with  re.spcc(,  to  the  condemnatiou  of  the  thiiif;  seized, 

cii.s(!|inii't'cilin;;s  for  (londemiiiition  betaken   in  court,  or  shall  becomo  the  ]»rop- 

Vdl'llti'  Ma.jtsly,  in  case  tho  thin;^  seized  becomes eoiKlemneil  without  procei.'tlinjfH 

i'diirl:  rrovidcd  always,  that  the  collector  shall  deliver  up  siichauimal  orjierislia- 

itartii'lc  ti)  tiie  (daimant  thereof  u])on  such  claimant  dt^positiu;^  with  him  a  sum  of 

nDcVHiilliii'iit  in  tlavopinitm  ol'the  colh-ctor  lo  represent  1  ho  duty-paid  value  of  tho 

iii/cliiimt'tland  the  costs  of  any  iiroccedin;     (o  be  taken  in  cnnrt  for  the  condomna- 

iiiof  tlin  tiling  Heizcd.     The  money  so  (lep(i.-.iled  shall  bfl  paid   into  some  chartered 

iiik  til  tin;  credit  of  tin;  receiver-ncineral  of  Canada,  and  shall  be  dealt  with  in  tho 

ir iiiiiiim  T as  aliov(!  j)rovided  for  iii*th<!  cas(!  of  the  jiroceetlH  of  a  sale  of  such  thinj^. 

M.  If  notice  of  intent  to  claim  has  been  given,  and  tho  value  of  I  ho  goods  or  tiling 

izHJ  (Ini's  not  exceed  |100  and  the  \irosecutor  chooses  to  proceed  under  this  sec- 

in,  lie  sliall  ((irthwith  causo  tho  goods  to  be  valued    by  a  competent  apjiraiser, 

idil'siiiili  ajijiraisia'  certities  them  to  be  under  the  said  value,  a  summary  infor- 

itimi,  ill  writing,  may  bo  exhibited  in  tho  name  of  tho  collector  at  or  nearest  to 

le  place  (if  siiiziiie,  or  in  tho  name  of  any  oflicer  authorized  then^to  by  the  uiiniH- 

cl' iiistoiiis,  before  two  justices  of  the  pea<;e,  charging  the  articles  seized  as  for- 

ptt(liiti(kT  some  ]iarticular  act  and  section  thereof,  to  be  therein  referred  to,  and 

fayiiiKcoiuk'niiiation  thereof;  and  tho  justicesshall  thereupon  issiio  ii  general  notice 

tall  persons  claiining  interest  in  the  seizure  to  apjiear  at  a  cerlaiu  time  and  jilace, 

KTi' to  claim  the  articles  seized  and  answer  the  information,  otherwise  such  articles 

[ill  bo  cdndoiiiiied ;  and  a  copy  of  tho  notice  shall,  at  hiast  eight  days  before  tho 

Vof  apiicaraiice,  be  t-erved  uiioii  the  person  from  whoso  jiossession  tho  things  were 

11,  orHliall  lie  left  at  oraflixcd  to  the  buildi'jgor  vessel  in  which  they  were  seized, 

[any,  ami  if  tline  remaining,  or  at  two  imblic  jilaces  nearest  the  place  of  seizure; 

j  any  poison  appears  to  answer  the  information,  tho  justices  shall  hear  and  deteriniiio 

■0 matter  in  a  Hiiimuary  manner  and  a(!r)uit  or  condemn  the  articles,  but  if  no  person 

Wars,  jiulijiiK'iit  of  condemnatiou  shall  be  given  ;  and  the  justices,  on  cendemna- 

sliiill issue  a  warrant  to  the  collector  to  sell  the  goods;  and  such  two  justices 

all  1)0  deemed  a  court,  and  each  of  them  to  be  a  judge  thereof,  for  the  purposes  of 

IIk  act. 

|*T,  All  prosecutions  or  suits  for  tho  rocovory  of  any  of  tho  penalties  or  forfeitures 
|posid  by  this  act,  or  any  other  law  relating  to  tlio  cnstonis,  may  be  couimencetl  at 
Ivlimo  within  three year.s  after  the  <;ause  of  prosecution  or  suit  arose,  but  not  after 
inls;  and  the  vessels,  vehicles,  goods,  or  things  forfeited  shall  be  liable  to  forfeit- 
iiiiii^'  the  siiine  period/ 

AiKippealsli'dl  lie  from  a  conviction  by  any  magistrate,  judge,  justice  tir  justices 
rilii'p(a(e  under  this  act  in  tho  manner  ]ir(ivided  by  law  trom  convictions  in  ca.ses 
[siiniiiiiirv  c()iiviction  in  that  jirovince  in  which  the  «'onviction  was  had,  on  the 
P^llaiif  furnishing  security,  by  bond  or  recognizance  Avith  two  sureties,  to  tho  satis- 
fction  of  Mich  magistrate,  judge,  justice  or  justices  of  tho  peace,  to  abide  tho  event 
[sudiappfial. 

Aud  an  appeal  shall  also  lie  from  the  exchequer  court  of  Canada,  tho  superior, 
Nty,  and  circuit  courts,  rcsjiectively,  in  cases  where  the  amount  of  the  penalty  or 
pitiireissuoh  that  if  a  judgment  for  a  like  amount  were  given  in  any  civil  case  au 
Ml  would  lie  ;  and  such  api)cal  shall  bo  allowed  and  prosecuted  on  like  conditions 
»«imjeet  to  like  provisiona  as  other  appeals  from  the  same  court  in  matters  of  like 
mmt. 


f-^ii  (i"»  i  .-*;  • 


372 


RIGHTS    OF    AMERICAN    KISMKKMKN. 


yiO.  If  tbu  »|t|)t;ul  bo  hrortuhf.  It.v  Hor  MaJ«'Ht.v'N  iittoriu'y-ucn«T»l,  »r  u  colli.,! 
odiccr  of  tlio  ciiMtoiiiH,  it  nIiiiII  not  lir  iivucHNury  for  liiiu  to  give  uuy  hfourityuii< 
apiK'ai. 

'ill.  Ill  any  <'iiHc  in  which  procci'diiiK.s  hiivc  Ik'imi  iiiHlitiitril  in  any  ciiint  a^uin.' 
viinwil,  voliiclc,  h<i(mIm,  or  Ihiiij;,  for  tin)  I'ci'ovi'ry  of  any  i«'iml(y  or  forliiiuri' lii,., , 
tliiH  ncA,  or  liny  l.iw  ri<latiii<r  tii  tho  ciiMtonm,  Irailf,  or  iiavi^rjition,  llif  cxnutioiioi'l 
any  tlcci.sion  or  jinl^incnt  f<>r  rt'.stoiiiin;  th«'  tliinj;  (o  iho  cluiinant  IlK^iior  MJiall  ihii|„| 
hiis|i('im1i-<1  hy  rcaNoii  of  any  apiMiil  IVoin  Hiich  ilcci.sion  or  jiKJKnuiiif,  jnovnliii  nj 
claimant  ^IvcN  HiifillcicMit  Hccnrily.  lo  lin  apin'ovtl  of  hy  the  court,  or  a  Jii(l>;(ii[||irrof  I 
to  render  and  dclivi^r  iIm^  Ihin^  in  ()iicHtion,  or  ihti  valiiu  thereof,  to  tlu)a|>|ii'llant  iJ 
CiiHc  \lic  dcciHion  or  Judfiinciii  wi  a|i|iciilcd  from  lio  rcvcrMcd. 

iil'i.  AH  Hiih'M  of  j;ood.s  Ibrfcitcd  or  othcrw  i,ti!  lialdc  to  lie  nolil  under  tliJH  net  sli^. 
lio  by  |inl)lic.  niiclioii.  and  al'icr  a  rcuNonable  piiliiic  notice,  and  Hiibject  toHiirlifii["! 
tlier  re};iiialions  as  may  be  nnide  liy  the  };overnor  in  council;  but  in  any  caw  il»| 
tniniKler  of  cii>  lonm  may  order  vchhcIh,  jroodn,  vehiides,  or  Ibinns  forfeileil  tolH^divl 
posed  of  DM  lie  may  see  lit,  instead  of  beiii<^  Hold  by  pnblit;  auction. 

MV.i.  The  proeeedM,  iifler  tiediiclin^  expeiiscH,  hIuiH,  unless  it  be  oIlierwJHt)  provideii,! 
belonii;  to  Her  MaJcMly  for  the,  public  uses  of  the  Dominion  ;  out  the  iHitproccedi), atl 
any  jiortion  tliere<d",  may  be  divided  between  and  paiil  to  the  collector  er  cliiftf()ffi.[ 
ccr  of  lll(^  ('iiHtoins  at  the  port  or  place  win  le  tin;  sci/iire  was  made,  and  t  uMillluiriitl 
olHiu'rs  by  w  Innn  t  lieNei/nre  was  ma<le,  or  the  inlbrmation  f;iveii  whiili  Icil  tiitlicw!.] 
ure,  and  any  perscm  who  has  ;;iven  inforiiialion  or  ollufrwise  aided  in  ellcttiiii;  i 
coiitlemnation  of  the  tliinf^  seized,  in  sncli  )ii'i>port  ions  as  the  sjovernor  in  coiiiKilinarl 
in  any  case  or  class  of  ca.^i'.'i  direct  and  appoiiil  ;  lint  n(>thiii<{  herein  ('oiitaliicdHlialll 
be  con.Htrne(l  to  limit'  oralVcet  any  po'.ver  vesterl  in  the  ij;overiior  in  eoniu'll  orliiiMiiin-l 
ister  of  (Mistoms  to  make  and  'irdaiii  any  other  plan  or  system  for  tla^  )lif4trilmti(iijiifl 
such  net  ])rocceds,  oi'  with  reijaril  to  the  rcinisHion  of  penalircs  or  loiicitiiren  iiiii| 
posed  by  this  act  or  any  olUer  law. 

'2i'\.  When  any  jjoods  haVc  been  sidzed  or  detained  iincb'r  any  of  the,  |H'(ivi.siiiiis  of  I 
tliis  act,  orof  any  law  relutiiiji;  to  the  customs,  the  iiii]'orter  or  exiioiter  tln'icd ,  aiiij 
the  owiKM'  (I I-  claimant  thereol.  shall  immediately,  upon  bcinj;  rc(iiiired  nii  tddoliyilnij 
coll  clor  or  'dher  projier  ollicer  of  ciihtoms  of  tli(»  jiort  where  tln^  sei/iiie  or  (li'ifiiiiinl 
took  plact^,  ]ii'odnce.  and  hand  over  all  invoices,  bills,  accoiintH,  and  stat('iii('iitH(d'tli«| 
•roods  so  seized  or  detained,  and  of  all  other  ^oods  imported  into  (Jaiiaila  liy  liiiii  iitl 
;iny  time  within  three  years  luixt  preceding  siiidi  si^iznre  or  detention  ;  and  slialhdMil 
|ti'odiice  for  the  inspection  of  such  ccdiector  or  other  ollicer,  and  allow  liiiii  t(iiii;iko| 
copies  (d',  or  extract  si  rem,  all  bo<d\S  of  account,  le(l;.;eis,  day-books,  casli-linoks.  Iillw.l 
books,  invoice-books,  or  other  books  wherein  any  t^ntry  or  iiKniioranduiii  appiMis re-l 
spi'ctin;^  the  purchase,  imiiortation,  cost,  value,  or  payment  of  the  j;ood8  8u  seizwlutl 
detained,  and  of  all  other  >roods  as  aforesaid. 

'21.').  If  any  person  rcipiired  uuder  Iho  uext  preeeilins  sectifUi  to  jnodiicc  and  liauiil 

over  invoices,  liills,  accunnts,  and  slatemeiits,  or  to  produce  for  inspeclioii  1 iisnfl 

accounts,  ledj^ers,  day-books,  i.'ash-books,  letter-books,  iuvidce-books,  aiulolliiTlwke,! 
or  to  allow  copies  or  extracts  to  be  made  therefrom,  nejjjiecis  or  rcfiKscs  sn  Idilo, l»| 
shall  incur  a  penalty  of  not  less  than  §'iOO  nor  more  than  5>1, 00(1. 

'JKi.  If  ill  any  prosecution,  inforniation,  or8uit>  respcctin;;  luiy  BeiKitre  niudo  rniilei 
this  act,  or  any  h'.w  relating  to  the  cuHtoins,  <lecision  or  jndfj;meiit  be  ^ivcn  fur  ili«| 
claimant,  and  if  the  jiidf;e  or  court  before  whom  tho  case  has  been  tried  or  liruiisliJ 
certifies  that  there  was  probable  cause  of  seizure,  thti  claimant  shall  not  bo  ciititl  ' 
to  any  costs  of  suit,  nor  shall  the  person  who  made  such  seizure  be  liable  toanyiidii'Dj 
indictineiit,  or  otiiei'  suitor  prosecution  on  accoiinl  'd'siich  seizure  ;  anil  if  aiiyiii'linii,r 
indictment,  or  otlnsr  suit  or  prosecution  account  ot  ids  niakiii}];  or  beinji  (.'(imcnifJ ia| 
the  making;  of  such  seizure,  the  plaint itf,  if  probable  cause  is  cert i tied  iLsaliin'sfliij 
shall  not  be  entitled  to  more  thau  twenty  cents  dauiai;es  nor  to  any  costs,  iiorjlull| 
the  defendant  in  such  jnoiCLiition  in  such  case  be  lined  iiiorc  thau  ten  ci'iitM. 

•217.  (iiiods  claimed  to  be  exempt  from  duty  under  any  act  relatiii;;  ti>iliitii'softi«-| 
toms  shall,  in  the  entry  thereof,  be  described  and  set  Ibrlh  in  the  words  liy  vliit'il 
they  are  describi'd  to  be  free  in  the  act  or  schedule  ;  and  floods  not  iinswcriiij;  siitkl 
deseiiplion  shall  Ik?  seized  and  Ibrfcitcd  ;  or  if  the  collector  deems  it  ('Npeiliriit.btl 
may  detain  the  j;(iods  and  report  the  case,  for  the  action  <d'  the  couiiiiisHioiioi"!  ^i*| 
tomsaiKl  the  di'cision  of  the  minister  of  customs,  as  provided  in  this  :\c^ 

•JM.  When  any  vessel,  vtdiiclc,  e<)(ids,  oi' tliiii^j  iias  been  seized  or  (letaiin'il '"""I 
any  of  the  provisionsof  this  actor  of  any  law  relalinj;  totl^.^  customs,  or  wlioii  itjl 
allej^cd  that  any  penalty  or  forfeiture  has  been  incurred  uuiler  tho  provisiens  nt  Injl 
net, or  of  any  hiw  relating  to  the  customs,  the  cuihictor  or  tli<!  iirojicr  oliioeiwl 
iorthwith  report  the  cirenmstances  of  the  case  to  i'le  commissioner  ofciisjuiiia.     T 

219.  The  <'()ininissioiier  may  ihereiipon  notify  tie  'iwiier  or  (daiinaiit  of  tlie  thiM 
seized  or  detaiiuMi,  or  his  agent,  or  the  pi^rson  alleg  "d  to  have  incurred  tli(M|'''i;'|'J" 
forfeiture,  or  his  agent, of  tho  reasons  for  the  seizure,  detention,  penalty,  or  lorltiln" 
and  call  upon  Lun  lo  furnish,  within  thirty  days  from  the  data  of  the  notice, oucli  ni 


llUaiimt,  Mora  cojiy 


RIGHTS   OF   AMERICAN    FISHERMEN. 


373 


llfiioi-  in  111"  loiitttT  iiH  lio  may  <li>Hiio  to  fimiinli.  Hncli  iividi'iico  may  lio  by  iiffldavit 
I'alliriiiiiliiiii,  iiiiiilo  Imforo  iiiiy  JiihIico  of  ihr  jicm  c,  any  L-(ilI('ct<»r  ol'  cuHtniiiH,  any 
lwnimiw«ii>ii«'i"  for  tiikiHK  fillldavitH  in  any  coiiil,  <iiany  notary  pulilic. 

•Ml  After  tlic  I'xpiraiion  of  tlio  fiuid  lliirty  diiy«,  or  moouci  if  the  perHon  ho  calliMl 
Iniimi'"'"'"''*''  •■vidiMH^e  ho  dcMin-H,  liio  »()mmiM«ion«u'  may  ewiiHiilor  and  W(dj;li  tlio 
ifirnini'tniii'i'H  of  tiutcaNO,  and  repoit  liiM  opinion  and  reuoniunaidation  tlieruun  to  tho 

llllillistlT  111'  CIIMlOIIIM. 

ti\.  Tilt'  iiiiiiiHtor  may  tlwrciipoii  j;iv«  his  dfcihion  in  tlio  matter,  r<'Hpect,inn  tli« 
Iriziii''.  (I'tcntioii,  penalty,  or  lorl'i'itnro,  and  tlif  li  rniN  (if  any)  upon  wliiidi  tlm  tiling 
Lidd  nnlclainrd  may  In;  rilcas<'d,  di  tlm  iicnalty  or  li>rf«'itnrc  remitted  ;  and  if  tlio 
liiwiicrnrrlaiMiiiiil  of  tlio  tiling  «ci/.»Ml  or  detained,  or  the  [lerHon  allejjed  to  liavo  in- 
Ifurri'il  til''  I  "'illyi  HimiilicH  in  vviiti»iK.  ''.V  liiniNclfor  liis  uj;''"*>  '•''*  acceptance  of  tlio 
Idicisioii,  111  11  '"'  I'oiind  thereliy,  and  tlm  lenim  llivieof  may  bo  enforced  and  car- 
Iriid out,  nml  m  any  action,  .suit  or  proceedinjj  to  recover  any  money  claimed  by  virtno 
Ifll'siirli  (lieiKiiiii  the  piTsoii  acceiitiiix  the  hiiijio  hIiuII  not.  be  ;it  liberty  to  set  iip  that 
Itbi'liiiii"  Hoi/.i'd  wan  not  liable  toHtu/.iire  or  detention,  or  th:u  he  bad  not  inoirretl 
Lnv iicniilty  or  Ibiteitiire. 

T^i.  lint  if  the  Mild  owner,  or  claimant,  or  person,  or  his  a);ent,  within  twenty  <layH 
liltir  liiiviii};  liceii  iioi  Hied  of  i  lit*  tbcihioii,  (;i\ cn  to  tli(^  iiiinisirr  of  customs  notice  in 
lutilii!;!  tliiil  Hiich  deciNion  willnot  lie  aecejited,  orif  sncli  twrnty  dayseliipse  without 
IiiimIi  ilK-lKi'iii  heiiig  accepted,  proceediiiy;s  for  the  condemnation  of  t'-e  thiiij;  Hei/ed 
|(ir  fur  till' liil'oi'cciiient  ot  the  'Hiialty  or  forfeiture  may  W  tiiUen  without  delay. 

iii.  lllliesiiid  decision  be  .  .  cepted  ii>,  by  this  act  provided,  and  if  the  ternm  thereof 
JiiMiiit  InrlliW'tli  complied  with,  the  minister  of  customs  may  ebsct  either  to  enforce 
Itlic  tcniiH  of  th(^  decision  or  to  take  pr<iceedings  tor  the  coi  demnation  of  the  tiling 
|8fi/('ii,  or  for  tlie  eiifnrcenici.t  of  the  penalty  (U-  lorftMtnro. 

t'4.  If  ii  t( nil  of  the  decision  be  that  thr'  thinj,'  seized  ordetained  be  released  upon 
Ipaviiiint  of  ;i  Himi  of  money,  and  if  such  uuim^v  be  iiot]>aid  forthwith  after aeecptanco 
lot  tlio (Ici'iHidii,  aud  if  the  minister  elects  to  enforce  the  decision,  such  thing  may  bo 
mliluiid  tlie  net  jiroceeds  ajiiilied  towards  ]iayment  of  sindi  sum,  the  balance  (if  any) 
Itolii'liiiiKli  li  over  to  the  pi-rson  entitled  thereto.  If  such,  net  proceeds  be  not  fiiilli- 
Itic'iil  to  pii.v  Mii'h  Huiii  the  jierson  accepting  the  decision  shall  be  liable  to  pay  the 
liiiioiiutof  the  deliciency,  and  the  same  may  be  recovered  from  him  as  a  debt  due  to 
[HpiMiijfsty. 

ti'i.  if  iiitir  ucoeptanco  of  tho  docision,  the  person  reriuired  thereby  to  pay  any 
jdmiioj'nioiioy  as  a  iieniilty  or  forfeiture,  does  not  forthwith  fiay  thesatuo,  the  amount 
Itiicri of  limy  hv  recovered  from  him  as  a  tlebt  due  to  Hc^r  Ahijcsty. 

iXi.  No  action,  suit,  or  jirocecding  shall  be  coiiimenced,  no  writ  shall  bo  sued  out 
|i;;iiiii8t,  nor  a  cojiy  of  auy  prcK^ess  stirved  uit.iu  any  oflicer  of  the  customs  or  person 
~»:ii|il(iv(il  fortlie  iirevention  of  smuggling  as  aforcKaid,  oi'U]iou  any  olTlcer  of  customs 
Puiinytiiiiig  done  in  the  exercise  of  his  otlice,  until  one  month  after  notice  in  writing 
1)118  biH'ii  (li'iivered  to  him,  or  leCt  at  his  usual  place  of  abode,  by  tho  attorney  or  agent 
kf  till' party  who  intends  to  sue  out  such  writ  or  jirocesa,  in  which  notice  shall  Im 
ciiarlj  ami  explicitly  contained  the  cause  ol  the  action,  tho  name  and  place  of  abode 
lof  till' iifisoii  who  is  to  bring  such  action,  md  the  name  ami  place  of  abode  of  the 
httonii'ynr  agent ;  and  no  evidence  of  any  ca'ise  of  such  action  shall  be  iiroduced  t>x- 
jtflit  of  such  as  is  contained  in  such  notice,  and  no  verdict  or  judgment  sliall  be  given 
Bortlii'  iilaintitf,  unless  he  jiroves  on  tho  trial  that  such  notice  was  given  ;  and,  in  do- 
jfaultol'siiob  proof,  the  (h^fendaut  shall  receive  a  verdict,  ()r  judgment  and  costs. 

'.'•.'".  Any  such  olHcer  or  ])er8on  against  whom  any  a<;tiou,  suit,  or  jirocceding  is 
liriini;lit  on  account  of  anything  done  in  the  exercise  of  his  ollice,  may,  within  one 
noiitii  after  mich  notice,  tender  amends  to  tlio  Jiarty  complaining,  or  his  agent,  and 
|ii'a(l siicli  ti'iide'r  in  liar  to  tho  action,  together  with  other  iiIinih  ;  and  if  the  court  or 
firy  (a8  tlin  case  may  be)  find  the  amends  suHicient,  judgiuent  or  verdict  shall  bo  g!  ,en 
Bor  iLc  defendant,  and  in  such  case,  or  in  case  the  plaiiititt'  becomes  non-suited,  or 
Wsiontiniies  his  action,  or  judgniont  is  given  for  the  defendant  upon  demurrer  or 
Btbti'wise,  then  such  defendant  shall  bo  entitled  to  full  costs  of  defense;  thodefend- 
|iit,  liy  leave  of  the  court  in  which  tho  action  is  brought,  may,  at  any  time  before 
psiie  joined,  pay  money  into  court  as  in  other  actions. 

I  if.'"'.  Every  such  action,  suit,  or  proceeding  must  bo  brought  within  three  months 
Jiftcrtlic  cause  thereof,  and  laid  aud  tried  iu  tho  place  or  district  where  the  facts 
omiiiitted ;  and  the  defendant  may  plead  tho  general  issue  and  give  the  special 
mattor  in  evidence  ;  aud  if  tho  plaintiff  becomes  non-suited  ordis<'ontinues  tho  action, 
►fil  n|ion  a  demurrer  or  otherwise  judgment  is  given  agaiust  tho  plaintiil' the  de- 
pniiantMliall  recover  full  costs  of  defense. 

'"•  Ii  ill  iiiiv  such  action,  suit,  or  proceeding,  the  court  or  judge  before  whom  tho 
Jt'iiiii  is  tiieil  certilles  upon  the  record  that  the  defcTidant  in  such  action  acted  upon 
|f|'Mi|(Mati,M',  tilt  11  the  plaintiff  in  such  action  shall  not  bo  eutithul  to  more  than 
l'i"ia«es  nor  to  any  costs  of  suit,  nor  iu  case  of  a  seizure  shall  the  person  wlio 


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I 


374 


RIGHTS   OF   AMERICAN   FISHERMEN. 


made  the  bcizure  bo  liable  tc  any  civil  or  criaiiual  suit  or  proceeding  on  accMnJ 
thereof.  ' ' 

2'M.  In  addi  tion  to  the  p  nrpoHcs  and  matters  hereinbefore  or  hereinafter  inentioneil 
the  governor  in  conncil  may  from  time  to  time,  and  in  the  manner  hereinafter  nw 
vided,  make  reij;nlatioB«  for  or  relating  to  the  following  purposes  and  matters; 

(I)  For  the  waiehonsing  and  bonding  of  such  cattle  and  swine  as  mav  he slanji,. 
tered  and  cured  in  bond,  and  of  such  wheat,  maize,  and  other  grain  as  may  be  gronJ 
and  pHcked  in  bond,  and  of  such  sugar  as  may  be  refined  in  bond. 

(2j  For  the  branding  and  marking  of  all  duty-paid  goods  and  goMs  ontorcd  for^. 
portation,  and  for  regulating  and  declaring  what  allowances  shall  be  made  for  tiirfoj 
the  gross  weight  of  goods. 

{'.))  For  declaring  what  shall  be  coasting  trade,  or  inland  navigation,  rpspettiveiy 
and  how  the  same  shall  be  regulated  in  any  case  or  classes  of  cases,  and  forrdaxinr 
or  dispensing  with  any  of  the  requirements  of  this  act,  as  to  vessels  engaged  in  such 
trade,  on  any  condilioiis  which  he  may  see  fit  to  impose. 

(4)  For  appointing  places  and  ports  of  entry,  and  warehousing  and  bondiug iKiru, 
and  respecting  goods  and  vessels  passing  the  canals,  and  respecting  the  horsea  ^ 
hides  and  personal  baggage  of  travelers  coming  into  Canada,  or  returniug  fhcreto, 
or  passing  through  any  portion  thereof. 

(.5)  For  regulating  or  restricting  the  intfortation  of  spirits,  vine,  and  malt  liqiion, 
or  oilier  goods  requiring  to  be  weighed,  gauged,  or  tested  for  strength  or qnantity 
and  limiting  or  prescribing  the  kind  and  capacity  of  packages  in  \7hich  tbosamonuj 
be  imported,  and  the  conveyances  by  which  and  the  ports  or  places  at  which  thi 
same  may  be  landed  and  entered. 

(fi)  For  exempting  from  duty  any  Hour  or  meal  or  other  produce  of  any  whfat(j 
grain  grown  in  and  taken  out  of  Canada  into  the  United  States  to  be  gronnd,  anil 
brought  back  into  Canada  within  two  days  after  such  wheat  or  grain  has  lieenio 
taken  out  to  bo  ground,  or  any  boards,  planks,  or  scantling,  the  produce  of  auyliigi 
or  timber  grown  in  and  taken  out  of  C  anada  into  the  United  States  to  besawii.sDi 
brought  back  into  Canada  within  seven  days  after  such  logs  or  timber  were  so  taken 
out  to  be  sawn. 

(7)  For  regulating  the  quantity  to  be  so  taken  out  or  brought  in  at  any  onetime 
by  any  party,  and  the  mode  in  which  the  claim  to  exemption  shall  be  established  and 
proved. 

(»)  For  authorizing  tlie  appointment  of  warehouses,  and  regulating  tbosecnritj 
which  shall  be  taken  from  warehouse  keepers,  the  forms  and  conditions  subject  to 
which  goods  are  to  be  warehoused,  the  mode  of  keeping  goods  in  wanliouse,  anilrf 
r(>-moving  such  goods  therefrom,  and  the  amount  of  warehouse  rent  or  license  fees, 

(9)  For  extending  either  by  general  regulation  or  l>y  special  order,  the  timefofj 
clearing  warelioused  goods,  and  for  the  transport  of  g>>od8  in  bond  from  one  yon  a 
place  toanollier 

(10)  For  regulating  the  form  in  which  transfers  of  goods  ij  warehouse  or  bond  Iron 
one  i)arty  to  anotber  hhall  be  eniered. 

(II)  For  nxemjiting  goods  from  duty  as  1-eiug  the  growth,  produce,  tr  raannfactore 
of  Newfoundland,  if  such  exemption  be  provided  for  by  any  act  rel.-iting  to  Custemij 
and  for  reguiatiiig  the  mode  of  proving  such  exemption. 

(12)  For  transferring  to  the  list  of  good*-,  which  uuiy  be  imported  into  Canada freeol 
duty,  any  or  all  articles  (wlnither  natural  products  or  products  of  mannf'actnres)  used 
as  nniterials  in  Cana<lian  mai:  iifactures,  and  any  such  materials  transferred  tothefm 
list  by  such  order  in  council,  shall  be  free  of  duty  of  customs  for  the  time  therein  »[!• 
pointed  for  that  purpose  ;  and  for  granting  a  drawback  of  the  whole  or  part  of  tlie 
duty  p.vid  on  avtichis  which  may  liave  been  used  in  Canadian  mannfactares;  orfor 
granting  a  certain  syiecilic  simi  in  lieu  of  any  such  drawi)a"k. 

(l;i)  For  ajipointing  the  manner  in  which  the  proceeds  of  penalties  and  forfuitnw 
sh.-ill  be  distributed.        ' 

(14)  For  aufliorizing  the  taking  of  such  bonds  and  security  as  he  deems  adTim- 
ble  for  the  performance  of  .-iny  condition  on  whicii  any  remission  or  part  remission o( 
duty,  indulgence  or  permission  is  granted  to  any  party,  or  any  other  condition  ntmlf 
witii  such  party,  in  the  matter  relating  to  the  customs  or  to  trade  or  navigation;  mil 
sucli  bonds,  and  all  bonds  taken  with  the  sanction  of  the  minister  of  cnstiwes-j 
])resKed  either  by  general  regulation  or  by  s))fcial  order,  shall  bo  val'd  in  law, « 
upon  breach  of  any  of  the  conditions  tlierof,  may  \ie  sued  and  proceeded  upon  inlikel 
manner  as  any  othi-r  bond  entered  into  under  this  act  or  any  other  law  rolaliufttothj 
cust<im8.  I 

(1.^))  For  any  other  jnirpose  for  which  by  this  act,  or  any  other  law  relating  to  tbe I 
customs  or  to  trade  and  n.-ivigation,  the  governor  in  council  is  empowered  toiiiswP 
orders  or  regulations  ;  it  beiut;  hereby  tleclared  competent  for  him  (if  he  dfieaisil*! 
pedieni )  to  Muike  general  regulations  in  any  matter  in  wtiieh  ho  may  niakeaspw*! 
order,  and  any  such  general  regulation  shall  ai)ply  to  each  particular  ci^se  within l»l 
extent  and  meaninj^  thereof,  as  fully  and  efleetively  as  if  tlio  same  relorre<l<lir«J,'l 


4H*^ 


lllGHTS   OF   AMERICAN   FISHERMEN. 


375 


If  cadi  iiiirlitMiliir  case  witliiu  the  iutoiit  aud  meaning  thereof,  and  the  oSlcers,  fuuc- 
tioiiiiiit'^)  '""^  ]i:iitie8  )md  beeu  specially  named  therein. 

•'11  Ami  wliertas  it  I'requcutly  happens  that  goods  are  conveyed,  directly  throngli 

1 ,1,8  Tamilian  canals  or  otherwise  by  land  or  inland  navigation,  iroiu  «n«3  part  of  tJio 

friintitr  line  lictwcen  the  Dominion  of  Canada  and  the  United  Stales  to  another,  without 

iv  inti'iitiou  of  unlading  such  goods  in  Canada,  and  that  travelers  in  lik*?  niauner  ])aB8 

tliiiiiiult  f  lioitioi;  of  Canada,  or  come  into  it,  with  their  carriages,  horses,  ovother  cai 

tie(lrinviiii;tlicsiinio,  and  personal  baggage,  with  the  intention  of'forthwith  returning 

t<i  flie  I'lntcd  Stages,  or  having  gone  to  the  United  States  from  Canada,  return  to 

Itffitii  siuli  articles,  and  though  the  bringing  of  such  goods  and  other  articles  into 

(^.^,i.jil;,  isstiictly  an  importation  thereof, it  may  nevertheless  be  inexpedient  that  tlnties 

slidiilil  l)eli'vitMl'thercoi)  ;  \\it\\  regard  to  all  such  cases  as  a<'oresai(l,  the  governor  in 

i  council '''a'l ,  I'uui  lime  to  lime,  and  as  occasion  may  require,  make  such  regulations 

;  iistflliiii'  (iicni  meet,  and  may  direct  under  what  eireumstauces  such  duty  shall  be  or 

shall  not  Ik' paid,  and  on  what  conditions  it  shall  be  reniitteil  or  returned,  and  may 

mn'  siioli  bonds  or  other  security  to  be  given,  or  such  precaul  ions  to  be  taken  ut  the 

ios|iins(M)f  tlieii.ilXTter  (whether  by  placing  olhcers  of  the  customs  on  board  any  such 

'  vissi'lor  ci.iriatje  or  othijrwise)  as  to  him  seem  meet;  and  on  tb(!  refusal  of  the  ini- 

noiKT  to  comply  with  the  regulations  to  be  so  maile,  the  duty  on  the  goods  so  im- 

iioriiMl  .nIiuH  lortliwith  become  ])ayal»le ;  and  all  and  every  animal,  vehicle,  or  goods  of 

am  kind,  bioiiglit  into  Canada  by  iiny  traveler,  <'xemptcd  from  tluty  under  such 

rc'iiliitioiis  or  iitliiTwise,  shall,  if  sold  or  ottered  for  sale  in  Canada,  jjrovided  tho 

(limes  I  hereon  have  not  been  i)revio(isly  paid,  be  held  to  have  be(^n  illegally  imported, 

aiiilsliall  lie  seized  and  forfeited,  together  with  the  harness  or  tackle  employed  thero- 

wiih  or  ill  the  conveyance  thereof. 

jlli,  In  any  regulation  made  by  tho  governor  in  council,  under  this  act,  any  oath 

:  ordi'claralioii  may  bo  prescribed  and  required  wiiich  the  governor  in  council  deems 

nccisn.iry  to  protect  the  revenue  again.st  fraud,  and  any  person  or  otKcer  may  be  au- 

tlmriziil  to  admiiii.ster  the  same;  and  by  any  sueu  regulation,  a  declaration  nuiy  bo 

\  substilntcd  tor  an  oath  in  any  case  where  an  oath  is  reciuired  by  this  act. 

•SiX  Tlii^  governor  in  council  may  by  ])roelamation  or  order  in  council,  at  any  time, 

'  anil  fromtiiiK!  t)  time,  prohibit  the  exportation  or  the  carrying  coastwise  or  by  inland 

i;;u'i|ratioii  of  the  following  goods:  Arms,  aunnunition,  and  gunpowcr,  military  ancl 

iiaTiii  Htoies,  .•Mid  .my  artcles  which  tho  governor  in  council  shall  Judge  capable  of  be- 

ijT  converted  into  or  made  useful  in  increasing  the  quantity  of  military  or  naval  stores, 

j  ]iruvisioiis,  <  1  'iny  sor^.  of  victual  which  may  be  used  us  food  by  man  ;  and,  if  any 

j  coons  so  pc(  hiliited  be  exported,  carried  coastwise,  or  by  inland  navigation,  or  water- 

I  lionie,  or  laden  in  any  railway  carriagt,,  or  other  vehicle,  for  lUe  purpose  of  being  so 

I  oxportiMl  or  carried,  tlu-y  shall  be  seized  and  forfeited. 

j    i'34.  The  governor  in  council  nuxy  grant  yearly  coasting  licenses  to  British  vessels 

1  navigating  t'le  inland  waters  of  Canada  above  Montreal,  and  may  direct  thai;  a  fee 

i  of  titty  loiils  nhail  be  payable  for  each  such  license,  and  that  the  master  or  person  in 

liai|;iMif  any  vessel  navigating  the  said  waters,  ami  not  having  a  coasting  license, 

mil,  on  entering  any  port  in  the  Dominion  with  such  vessel,  pay  a  fee  of  lifty  cents 

i  if  siiili  vcssil  is  not  over  fifty  tons  burthen,  and  of  one  dolli.r  if  she  is  more  than  fifty 

tons  Inirtlicn,  to  the  collector  on  each  entry, and  a  like  fee  of  fifty  cents,  or  one  dollar, 

I  accoiiling  to  the  bnithen  of  the  vessel,  on  each  clearance  of  siicb  vessel  at  any  port: 

!  ami  micli  Ices  shall  bis  payable  accordingly  before  such  vessel  sha  U  be  entered  (>r  cleared ; 

prviiled  that  tiie  governor  in  coiiueil  may  reduce  or  readjust  such  fees,  but  may  not 

iiicR'iise  tluiii ;   and  provided  also,  that  vessel  merely  j»assing  through  any  of  the 

I  Uaiiadiaii  canals,  without  breaking  bulk,  shall  not.  be  liable  to  such  fees. 

£!j.  All  jioods  slii|)ped  or  tinsliipped,  imported  or  exported,  carried  or  conveyed 

I  contrary  to  any  regulation  made  by  the  governor  in  council,  and  all  goods  or  vehicles 

;  ami  all  vcshcIh  under  the  value  of  $4tJ0,  with  regard  to  which  the  reiinirements  of  any 

?'icliic^'iiliit ions  have  not  been  coniiilied  with,  shall  be  seiz'il  and  forfeited,  and  if 

1  such  vessel  lie  of  or  over  the  value  of  iji'lOO,  the  master  thereof  shall,  by  such  non-com- 

!  jiliaiice,  incur  a  penally  of  $100,  and  tlie  vessel  may  be  uotained  until  the  said  penalty 

I  is jiaid,  or  satisfactory  security  is  given  for  tho  nayment  thereof ;  and  any  siicli  for- 

j  feitiircNaiid  penaltiesshu.il  bo  recoverable  and  may  be  enforced  in  the  same  manner, 

lii'tort)  the  s.imc  court  and  tribunal,  us  if  iucurreri  by  the  contravention  of  any  direct 

juovisioii  of  this  act. 

iHi.  All  gi'iu'cal  regulations  made  by  tho  governor  in  council  under  this  act,  shall 
liavc  I'lli'ct  fr(.;ii  Mild  after  tht;  day  on  which  the  same  have  been  published  in  tlioCan- 
hila Gazette,  or  from  and  after  such  later  day  as  may  be  appointed  for  the  purpose  in 
\m\]  ri';;Mlafions,  and  during  such  time  as  sluill  be  therein  expres.sed,  orif  no  time  ho 
I'XprcNsi'd  (or  (i|,|,  purpose,  then  until  the  same  aro  revoked  or  altered;  and  all  such 
I  ffuniatioiiN  m;iy  lie  revoKi'd,  varied,  or  altcned  by  any  subsequent  regulation  ;  and  a 
hii|iy  (it  I  he  (';i  Hilda  Gazette  containing  any  such  regulation  shall  be  evidence  of  such 
|f|giilatioii  to  Jill  iiiicnts  and  purposes  whatsoever. 


876 


RIGHTS   OF   AMERICAN   FISHERMEN. 


237.  Any  copy  of  an  order  >if  llio  govornor  in  council  luado  in  any  sppcial  niottir 
and  not  being  a  general  regulation,  certified  an  a  trno  copy  by  tbe  cleric  er  assistaut 
clerk  of  tbo  Queens  privy  council  lor  Canada,  sball  be  evidence  of  such  order  Loall 
intents  and  purposes  wbatsoever. 

'238.  Ill  every  case  wbere  the  person  reiiuired  to  take  any  oath  under  any  a';torrMu. 
latiou  relating  to  the  customs,  is  one  of  the  persons  entitled  by  law  to  tako  ii Holtimi 
aHiriuation  instead  of  an  oath  in  ciril  eases,  such  person  may  instead  of  the  oatli 
hereby  re<iuired  make  a  Moleinn  allirmation  to  the.  same  ettect ;  and  every  iicrsou  liel'on. 
whom  any  oath  is,  by  any  such  act  or  regulation,  required  or  allowed  to  bo  taken  ot 
Holenin  aflirmation  to  bo  made,  shall  have  full  power  to  administer  the  sanio;  mid'the 
wilfully  making  any  false  Htatement  in  any  such  oath  shall  bci  jterjiirv,  aiultliewil. 
fully  making  any  i'alse  statomout  m  such  soh-uin  aflirmation  shall  be  a  uiiHdciiieaiiut 
punishable  as  pcnjury. 

231).  Whenever  on  the  levying  of  any  duty,  or  for  any  other  purpose,  it  bcconiM 
necessary  to  determine  the  precise  time  of  the  importation  or  exportation  of  any 
goods,  or  of  the  arrival  or  departure  of  any  vessel,  such  importation,  if  iiiailebysta, 
coastwise,  or  by  inland  navigation  in  any  decked  vessel,  shall  bo  deemed  to  have 
been  completed  from  the  time  the  vessel  in  which  such  goods  were  imported  came 
within  the  limits  of  the  port  at  which  they  ought  to  bo  reported,  and,  if  luado  hylaml 
or  by  inland  navigjifion  in  any  undecked  vessel,  then  from  the  time  such  gooilNWete 
brought  within  the  limits  ot  Canada;  and  the  exjiortatioii  of  any  goods  sli'ill  I* 
deemed  to  liav«i  been  commenceil  from  the  time  of  the  legal  Hlii|)meiit  of  siicligoodj 
for  exportation,  aiter  due  entry  outwards,  in  any  decked  vessel,  or  from  tbo  time  tlie 
goods  weri!  carried  beyond  tho  limits  of  Canada,  if  ihe  exportation  be  by  land  or  in 
any  undecked  vessel ;  and  the  time  of  tli((  arrival  of  any  vessel  shall  bo  deeuied  lohf 
the  time  at  which  the  report  of  such  vessel  was,  is,  or  ought,  to  have  bi'ou  iuade,aiiil 
the  time  of  the  departure  o£  any  vessel  to  be  the  time  of  tho  last  clearance  of  sutli 
vesscd  on  the  voyage  for  wlii('li  h'k*  disparted. 

240.  Although  any  duty  of  custom.-*  has  been  overpaid,  or  although  after  any  dn;y 
of  customs  has  been  charged  and  paid,  it  appears  or  is  judicially  established  thattlii' 
same  was  charged  under  an  erroneous  construction  of  the  law,  no  such  overcharge 
shall  be  returned  .il'tor  the  expiration  of  three  years  from  the  date  of  such  payrnont, 
uuless  application  lar  repayment  has  been  previously  made. 

241.  No  refund  of  duty  shall  be  allowed  after  the  lapse  of  fourteen  days  from  the 
lime  of  entry,  for  any  alleged  misdescription  of  goods  by  the  importer:  and  should 
any  error  of  the  kind  bo  discovered  by  tho  importer  wliile  unpacking  his  goods,  lie 
shall  immediately  and  without  further  interference  v.i^h  the  goods,  report  tbe  factsto 
the  collector,  in  order  that  tho  same  may  be  verified. 

242.  The  governor  in  council  may,  VtUder  regulations  to  be  made  for  that  purpose, 
allow,  on  the  exportation  of  goods  which  have  been  im])orted  into  Canada,  and  on 
which  a  duty  of  customs  has  been  paid,  a  drawback  equal  to  tho  duty  so  paid,  witli 
such  deduction  therefrom  as  may  be  jirovided  in  such  regulations  ;  and  in  cases  to  lie 
mentioned  in  such  regulations  and  subject  to  such  provisions  .'is  may  be  Ihoreiii  made, 
such  drawback  or  a  specific  sum  in  lieu  theieof,  may  be  allowed  on  duty  paid  goods 
manufactured  or  wrought  in  Canada  into  goods  exported  there  from  as  aforesaid; 
and  the  period  within  which  such  drawback  may  be  allowed  itfter  the  time  tbe  duty 
was  paid  shall  be  limited  in  such  regulations. 

243.  All  bonds  and  securities  of  what  kind  and  nature  soever  authorized  to  Iwtnkn 
by  any  law  relating  to  customs,  trade,  or  navigation  shall  be  ta'ten  to  and  fortlion^e 
and  beneiit  of  Her  Majesty,  and  such  bonds  shall  be  taken  before  the  perforinanoe  of 
any  act  or  matter  with  regard  to  which  tho  taking  of  any  such  bond  or  bonds  Is  re- 
quired. 

244.  All  bonds,  documents,  and  papers  necessary  for  the  transaction  of  any  biisincss 
at  the  respective  custom  houses  or  places  or  ports  of  entry  in  Canada,  shall  be  in  such 
form  as  the  minister  of  customs  shall  from  time  to  time  direct. 

245.  Certificates  and  copies  of  official  papers,  certified  under  the  hand  and  seal  of 
any  of  the  iirincipal  officers  of  the  cnstoms  in  the  United  Kingdom,  or  of  any  colkctor 
of  colonial  revenue  in  any  of  tho  British  possessions  in  America  or  the  Went  Indies, 
or  other  British  possessions,  or  of  any  British  ccmsul  or  vice-consul  in  a  for.igu  coun- 
try, and  certificates  and  copies  of  oflicial  papers  made  pursuant  to  this  act  oranyai't 
ill  force  in  Canada  relating  to  the  cnstoms  or  revenue,  shall  be  received  as  preRiuii|- 
tive  evidence  in  reference  to  any  matti^r  contained  in  this  act  or  any  act  relatini;  to 
the  customs  or  on  tho  trial  of  any  suit  in  reference  to  any  such  matter. 

240.  Whenever  any  person  makes  any  application  to  an  officer  of  tho  customs  to 
transact  any  business  on  behalf  of  any  other  jierson,  such  officer  may  icqnire  tlie 
person  so  applying  to  produce  a  written  authority  from  the  person  on  whose  liebalf 
the  application  is  made,  and  in  default  of  tho  production  of  such  authority,  iii..yK- 
fuse  to  transact  such  business;  and  any  act  or  thing  done  or  performed  by  sue  h  agent 
shall  bo  binding  upon  the  person  by  or  on  behalf  of  whom  the  same  is  donooriier- 


RIGHTS   OP   AMERICAN   FISHERMEN. 


377 


hiiiicil,  to  all  intents  and  purposcB,  as  fully  as  if  the  act  or  thing  had  been  done  or 
leifiirrawl  by  tlio  principal. 

'  -X.  Any  attorney  and  agent  duly  thereunto  authorized  by  a  written  instrument, 
irbicli  bo  shall  deUvor  to  and  leave  with  the  collector,  may,  in  his  said  quality,  validly 
hakeanv  entry,  or  execute  any  bond  or  other  instrnment  r'jquired  by  this  act,  and 
tall  tlieroby  bind  his  principal  as  olfectually  as  if  such  principal  ha(l  himself  made 
mth  entry  or  executed  such  bond  or  other  instruments^  and  may  take  the  oatli  hereby 
wniredof  a  consignee  or  agent,  if  ho  bo  cognizant  of  the  facts  therein  averred;  and 
jiv  instrument  appointing  such  attorney  and  agent  shall  bo  valid  if  in  the  form  pro- 
bribed  by  tbo  minister  of  customs. 

^  W.  Aiiy  partner  in  an  incorporated  company,  association,  or  copartnership  of  per- 
ions  or  their  attorney  and  agent  authorized  as  aforesaid,  may,  under  the  name  and 
trie  usually  taken  by  such  company,  association,  or  copartnership,  make  any  entry 
r'executo  any  bond  or  other  instrument  required  by  this  act,  without  mentioning  the 
Bnie  or  names  of  any  of  the  members  or  ot  the  other  members  of  the  company  or  as- 
niation  or  partnerfjhip,  and  auch  entry,  bond,  or  instrument  shall  nevertheless  bind 
lem  as  fully  and  efl'ectually,  and  shall  have  the  same  effect  iu  all  respects  as  if  the 
Bine  of  every  such  member  or  partner  had  been  therein  mentioned  and  he  had  signed 
lesame,  and  (if  it  be  a  bond  or  other  instrument  under  seal)  as  if  he  had  therciunto 
jiscdhis seal  and  Lad  delivered  the  same  as  his  act  and  deed;  and  the  seal  ther- 
Dioaftixed  shall  bo  held  to  be  tho  seal  of  each  and  every  such  member  or  partner  as 
[foresaid;  and  the  provisions  of  this  section  shall  apply  to  any  instrument  by  which 
ny  company,  association,  or  partuership  of  persons  appoirit  an  attorney  or  agent  to 
Kt  for  tliera  under  the  next  preceding  section.  The  person  who,  under  this  section, 
lakes  any  entry  or  executes  any  bond  or  instrument  on  behalf  of  any  company,  as- 
«iatinn,  or  partnership,  shall,  under  the  name  and  stylo  usually  taken  by  them, 
|ritehisown  name  with  the  word  *'  by  "  or  the  words  "  by  their  attorney,"  or  words 
(the  like  oti'ect,  as  the  case  may  be,  thereunto  rrefixed. 

Schedule.— ^c/8  repealed  subject  to  tlie  provisions  made  in  section  3  of  this  act. 

Il,  The  act  passed  in  the  fortieth  year  of  Her  Majesty's  reign,  chaptered  ten,  and 
Btitkd  "An  act  to  amend  and  consolidate  the  acts  respecting  the  customs." 
ti  The  aet  passed  in  the  forty-fourth  year  of  Her  Majesty's  reign,  chaptered  eleven, 
pd  entitled  "An  act  to  amend  the  act,  tbrtieth  Victoria,  chapter  ton,  entitled  'An  act 
laiiieud  and  consolidate  the  acts  respecting  the  customs.'" 

jnahjiical  index, published  by  the  customs  department  for  use  of  collectors  and  officers  of 

customs. 


Castoms  act,  46  Victoila,  cap.  12. 


Section. 


Snbseo- 
tion. 


Hmloced  goods:  How  dealt  with 

Mtenii'titofdnties: 
See,  «!8o,  Refund  ot  duty  on  goods  damaged  by  water,  Sec,  on  voyage  of 

importation 

On  gmh  damaged  during  conrse  of  trauupoi-tation  by  land 

Amenilniont  of  40  Victoria,  cap.  10,  and  its  amendments , 

Kepal  of  former,  to 

riiuistratdr  of  estate :  May  make  entry  and  take  oath  iu  certain  cases 

M.U It.  (Sue  Oaths.; 
praialiim.  (Si^e  Oaths.) 
Wim and  abettors: 
<:«nfonie(l  in  «vading  payment  of  duty  shall,  in  addition  to  penalty,  &o.,be 

(Ifemoil  guilty  of  misdemeanor .! 

i-ialiility  lor  cucealing  or  removing  warehouse  goods , 

Wliat  shall  b«  roparded  as  nn  allowance  for  damage,  ifec 

i  j°p''^»''''  or  dralt  to  bo  regulated  by  governor  in  council 

C-  '^''^'*'''  *''■'  """^  tender  and' plead  in  bar! !"!!!',!  ^ !!'.]!!"  1 !!!!  1  i!!] ! 

i  &T''  fo''  penalty  for  unlading  goods  without  report,  &o 

In.  J'' T^ '"'  ''"'•1  <"■  deUvercd  on  deprisit,  &.o 

P»H»,> ova  Scotia:  Vessels  entering,  &o 

I  !™I"/''"^l''t'"ns  before  justice  of  the  peace,  magistrate,  or  judge 

W  from  other  courts .J      * 

K'lSt''^'"'"^""^"'  "Ot  to  Kive  security '.'....'.'.'.'..  '.[[\][[[l[. 

'lJ^,,';*"}''">'""aKed  by  water,  &o.,  on  voyage 

I   •  1  ot  appraise!  re  examination  and  a88e*8meut  of  damaged  goods  


124 


."iS 

54 

2 

3 

85 

153 

•:.-. 

158 
60 

04 

230 
227 

2 

80 

205 

61 

208 

209 

210 

53,  54 

55 

Mf' 


S78  RianTS   op  AMEIIICAN  PlSltERMEI^. 

Analytical  index,  2)ublished  by  the  cwtotns  department,  ijc— Continued. 


,1'!^  .' 


Customs  act,  46  Victoria,  cap.  12. 


Apprniseraont— Con  tinned. 

What  Hliall  not  bo  regarded  an  ovidunco  of  tlamago,  &c 

Percentago  of  damage  to  bo  deducted  for  duty.. 

Samples  may  bo  tnkoti  for , 

Governor  in  council  may  appoint  appraisers,  local  or  Dominion 

Form  of  oath  of  appraiser 

Collector  may  not  as  appraiser  without  taking  special  oath  

Minister  of  customs  may  direct  api)raiaer  to  attend  at  any  port  or  place  with- 
out taking  new  oalli,  &o 

Invoices  representing  cash  valua  may  be  added  to  Ity  appraiser 

Decision  of  appraiser  as  to  class,  &c.,  of  sugar  to  bo  final,  unless  upon  ap- 
peal to  commissioner  of  cnstoms  within  a  certain  time,  &o 

Power  of  appraiser  to  examine  on  oath 

By  collector  or  appraiser  to  be  linal  in  cortiiin  cases 

Imjjorter,  &c.,  dissatisfled,  two  persons  to  api>rai8e  and  report  *o  commis- 
sioner of  customs,  his  decision  to  bo  final 

Remuneration  of  persons  called  in,  and  bj-  whom  to  be  paid 

Penalty  on  person  refusing  to  act 

Bonus  to  appraiser,  for  diligence  re  goods  taken  for  the  Crown 

Appraiser  to  certify  to  undervaluation  in  certain  cases 

Arms  and  ammu'jitiou :  (loveinor  in  council  may  prohibit  exportation  of 

Army,  navy,  or  marine  officer:  Punishment  of  persona  for  raalicioasly  or  will- 
ful''" wounding  any '. .  - 

.'.rticles: 

Mannfactnred  from  two  or  more  materials,  how  classed 

Knumcrated  under  mora  than  one  name,  how  rated  for  dnty 

Perishable,  &o.,  may  be  landed  from  vessel 

Assignee:  May  make  entry  and  take  oath  in  certiin  cases 

Association,  &c. :  Any  partner  in,  or  authorized  attorney  oragcnt,  may  execute 

bonds,  without  mentljning  names  oC  the  other  members 

Attomey  or  agent: 

Declaration  to  b'j  attached  to  bill  of  entry 

Dissatisfied  with  appraisement,  may  appeal 

Kequirements  p«  to  transfer  of  goods  in  bond 

To  make  declaration  and  answer  all  questions 

May  ship  and  clear  gomls  in  certain  cases 

To  give  one  month's  notice  in  writing  for  any  action  to  bo  taken,  &o  

To  produce  written  authority  to  act,  action  of,  then  binding 

Dnly  authorized,  may  execute  any  bond  or  agreement,  tliereby  binding 

principal 

Attorney-general: 

May  apply  for  "writ  of  assistance" 

TIniess  otherwise  provided  for,  all  penalties,  &c.,  will  be  sued  for  by  the... 

May  enter  a  nolle  prosequi 

Appealing,  not  to  give  security 

Auction :  All  sales  of  forfeited  goods,  &o.,  to  be  by  public  auction,  unless  other- 
wise directed , 

Averment: 

To  be  sufiicient  evidence  in  cerUiin  cases  ., 

In  suit  or  information  that  olHcer  was  duly  employed  to  be  sufficient  proof. 

As  to  place  where  any  act  was  done  to  bo  sufiicient  proof 

P>apgage-ma8ter :  Suliject  to  a  penalty  for  aiding  in  unlawful  importations 

ISanks: 

Ceitificate  ferrates  of  exchange  retjnired 

In  which  deposits  are  made  to  credit  of  recoivor-gencral  mnst  be  chartered. 

See  also u, 

Bills  of  exchange:  'Sat  recoverable  for  goods  entered  under  false  invoice 

Bills  of  health:  May  grant,  &o 

Bills  of  Liding : 

Master  of  vessel  mnst  produce  , 

May  bo  required  by  collector  as  farther  proof 

Bills  cf  sight:  Particulars  of,  and  when  allowed 

Boat : 

Carrying  goo<ls  and  relanded  in  contravention  of  bond  to  bo  seized  and  .'br- 
foited 

Penalty  on  persons  proved  ti.  have  been  on  board  smuggling 

Power  of  ollicer  to  search  persons  on  board 

I'cnalty  on  oflicer  for  delivering  and  not  seizing  in  certain  cases 

Bonds : 

To  bo  given  bv  inipi/rter  conditioning  that  packages  delivered  will  not  bo 
open  3d  until  oilier  packages  are  examined,  &,o 

Packages  delivered  without  cxaminat  ion  required  to  bo  returned  to  custom- 
bouse  under  forfeiture  of  penalty  of  such  

To  be  given  by  importer  covering  entries,  to  be  made  lot  a  period  of  twelve 
months 

For  entry  lor  oxporl ation,  or  for  wareliouse 

For  removal  of  goods  from  ono  warehousing  port  to  another 

For  goo<ls  entered  at  frontier  nort  and  paMsing  to  anothi^r  warehouslngport. 

New  proprietor  may  give  bond,  that  ot  original  Ixuider  to  bo  ciinceled 

Governor  in  council  may  dispense  with,  or  jH'ovide  for  tlio  canreling  of,  for 
goods  ill  warehouse 


67 

CD 

75 
96 
97 

99 
100 
101 
105 
200 
233 


9 

36 
83 

248 


09 
121 
150 
150 
2!0 
246 

247 

177 
189 
195 
210 

212 

162 
171 
190 

24 

12 

204 
20.1 
92 
152 

28 
46 


137 
16t 

180 
187 


110 

HI 

112 
117 
119 

120 
122 

125 


RIGHTS    OF    AMKKIf'AX    FISHERMEN.  379 

Anahjiical  index,  ^  ,Oli»lie<l  by  Ihv  viiHlomn  d<ntartment,  «fc. — CoutiDaed, 


Cii8t<)ni8  net,  4U  Victoria,  iiip.  12. 


For  niirposo  "f  deforriiip,  <tc.,  jiaynicnt  of  duty  not  to  bo  accepted 

Tobopivcn  (111  entry  fur  oxi>ortaiioii  from  wiirehouso 

Cuon  wbat  eviileiico  to  1)0  cancoleil ._. . 

llow  costs  may  lie  levied  for  suits,  &e.,  bruuulit  .or  rocovory  ot  poualiy  of. 

For  nnviiH'iit  of  costs.  &e.,  roiiiiirod  before  (Hint;  eliiini 

Security  l>y  bi'iid  ">  bo  liiveii  on  ai)))eal  from  eonvietimi,  &o 

ilovornor  in  council  may  MiaUo  iO)inlatlnnH  for  tnliint;  bonds,  &o 

To  bo  toller  iMujesty'f  use,  and  when  to  be  given 

Form  of,  to  boat  dire  >tiou  of  minister 

AL'i'UtoruttoriK'V  du.y  anthotlzed  may  execute,  &o 

iuyimitucrs  or  antbo'rizodntcentin' attorney  may  execute  without  mention- 

ills;  names  of  the  other  members   

'  Bffllliil,  &C. :  .  ,  ,      i,  1.  .1 

I'olli'clor  or  aiijirainer  niuj  require  production  ot.on  oatU 

IN'iialty  lor  refiiainK  to  produce  certain  

Kiir  cn'teiin);  tr.iuslors  to  lie  kept  liy  collector 

To  be  proiliiced  if  required  by  collect')r  re  seizures,  &c 

IVniilty  on  pcrnons  rofusiuj;,  &c 

iBramliiiKorNtiiiiipinK: 

01  duty-paid  (;iiod»  botore  beinfr  delivered  to  importer 

UoTt'iaor  in  council  may  make   egulations  (<  >    branding  and  marking  dnty- 

paid  gooils  anil  {;oods  entered  for  exportation 

1  Criinds :  Penalty  on  person.s  counterfeiting 

Eii.MiiiKs: 

I'liwerofollicerto  enter,  &c 

I  111  or  near  boiiiiilary  lino,  may  bo  searched,  for  smuggled  goods  deposited  in . 

May  1)0  serii'.liod  by  day  or  night 

JBii'.lioL,  &c.:  May  bo  hiiided,  &o. 

|C;uiada(iazotto:  All  general  rejjiliitiona  of  governor  in  council  to  bo  published 

I     Id.  as  also  any  revocation  of  any  regulation 

|Caiiiulaplat*'8:  Allowance  for  rust 

ICJDCi'llatiou  of  hoDils : 

(lovcruor  in  council  may  provide  for 

Wbat  oviilcnce  may  be  taken  for 

ICanejiiirp:  Subject  to' seizure  and  forfeiture  for  entry  under  wrong  name 

iCaiiios;  May  be  enforced  in  cortaiu  cases 

|t'ai:o; 

Storage  >f,  not  to  bo  altered,  &o 

Master  of  vosscl  to  answer  all  questions  re 

Owuersof.  to  verify  entry  outwards  by  oath 

Master  of  stcani  vessels  may  bo  called  to  answer  q  n  est  ions  re  pursers'  report. . 

OfTcsselsfoiiml  hovoringand  having  probibitedgoodson  board  to  bo  seized 
and  forfeited 

Pinalty  ou  persons  assisting  in  destroying,  throwing  overboard,  &c.,  smug- 
gled goods  ". 

|CaiTia);i'8; 

Forfeited  if  used  in  unlawfully  importing  goods 

IVualfy  ou  officer  for  delivering  or  not  seizing  in  certain  cases 

iCalllii :  '"orfo'.ied  if  used  in  unlawfully  importing  goods 

::>ui'ate: 

ni  banks  for  rate  of  exchange,  &c 

(If  fonsiils  for  values  of  depreciated  currencies,  &c 

Olrci;i8teriuust  be  on  board  importing  vessel 

Fio  of  60  cents  for  each,  granted  by  (collector 

To  be  (riauted  for  removal  of  duty-paid  goods  from  port  of  entry  to  nimther. 

IH  landing  required  re  goods  exported  from  warohouHO ' 

Ipon  what  ccrtificat3boud  may  be  canceled , 

Of  clearaece  to  be  given  upon  due  entry  outwards 

Of  Idll  of  health  may  be  granted  by  collector  ou  paymqnt  of  a  foe , 

I'o  bo  presumptive  evidence  in  cortaiu  eases , 

ibareee : 

On  goods  taken  to  warehouse  for  want  of  entry,  &c.,  to  be  homo  by  the 
owners .' 

For  opening  and  repacking  packages,  contents  unknown,  to  bo  borne  by 
tbo  importer .'. 

For  storage,  &c.,  of  goods  unladen  from  damaged  vessels,  by  whom  payable 

lioods  derelict,  wreck,  &o.,  may 'je  sold  to  pay .*.. 

for  packages,  deduction  from  value  for  duty,  not  allowed 

tm packing,  straw,  &c.,  deduction  from  value  for  duty,  not  allowed 

(lovernor  in  council  may  declare  what  shall  bo  incluiled  in  value  for  duty 
on  sug.ir,  slrops,  molasses,  &c 

t  reight  may  ho  paid  by  collector,  re.  gixMls  taken  for  the  Oowu 

i.imjls  over  two  years  m  waruhouse  may  bo  sold  for,  &.c 

I  Hckages  abandoned  to  bo  sold  for,  &c' 

bief  |.  r""**'  "'"''''l'P'"K'  lau'ling,  carrying,  &c.,  to  bo  borne  by  the  importer 

Of  customs,  attestation  of  invoice  or  hill  of  entry  may  bo  made  before 

ur  inside  flcrvice,  has  power  to  administer  oath  anii  receive  atllrmatlon,  &o 


Section. 


126 
137 

i;m 

1!U 

1!02 
L'08 

'j;to 

213 
241 
217 

248 

00 

97 

121 

214 

215 

114 

230 
107 

17,-1 

17« 

170 

35 

236 
60 

125 

1.3R 

76 

104 

10 
142 
145 
151 

103 

164 

23 

187 

23, 162 

12 

12 

38 

05 

115 

137 

138 

142 

152 

24.') 


43 

47 
50 
02 

72 
73 

77 
1U3 
123 
124 
134 

87 
88 


SubsQO- 
tion. 


14 


380  KIGHTS   OF   AMERICAN   FISHERMEN, 

Analytical  index,  published  by  the  customs  department,  ^o.— Continued. 


P:% 


U:i 


Customa  act,  40  Victoria,  cap.  12. 


Claimant: 

Oiiim  <if  pi'iiol'  tlint  gondH  liavo  boon  duty  paid  to  lie  on.  In  certain  cases  — 
Aflidavil.  Iiy,  to  acuonipauy  claim  aflur  iiroonodings  for  coodoniuation  liave 

commenct'il 

•    To  (tivo  Hocurily  fur  costs,  A.(!.,  bofnvo  flilujj  claim 

X^xccution  of  Judjjment  for  restoration  to,  of  jroods,  &o.,  seized,  not  to  bo 

siiHpeudcd 

Of  Kooils  seized  to  furnish  certain  books,  papois,  (to.,  if  required 

.    Of  (loods  seized  to  furnish  evidence  l)v  adidavit,  if  required 

A(  oi'ptiuK  dotiision  of  minister  to  be  i)indiD}; , 

Uefiisin)^  to  accept  ministers'  decision,  proceedings  to  bo  taken 

Claii)is: 

I'articnlars  of,  for  abatement  of  duty  on  damage  by  water,  &c.,  to  goods 

Particulars  for  making  re  goods  lost,  &c.,  before  binding 

For  goods,  &c.,  seized  and  forfeited,  notice  to  be  made  within  a  certain  time 
For  articles  seized  after  proceedings  for  condemnations  bavo  coramouced, 

liow  to  bo  made  and  whereto  be  Hied 

Not  to  be  valid  unless  security  bo  given  to  pay  costs,  &e 

Not  presenteii  within  one  nioiitli  from  notice, 'judgment  l)ydofanlt 

Notice  of  intent  to,  where  valiio  of  article  seized  does  not  exceed  $100 , 

For  goods  as  cxampt  from  duty,  how  to  be  descrilied  on  entry,  &o 

Clearance: 

Certillcate  of,  to  be  given  on  duo  entry  outwards 

I'emilty  for  vessel  leaving  without,  &'c 

Ili'qiiiremeuts  before  gr.inting 

Fee  from  vessels  in  certain  cases  

Coast :  (jrouds  in  bulk  not  to  be  broken  within  3  leagues  of,  &o 

Coasting: 

GeveiTJor  in  council  may  declare  what  sliall  be  a  coasting  voyage , 

Governor  in  council  may  make  regulations  as  to  coasting  trade  of  vessels,  &o 

S'^o  also 1 

Governor  in  council  may  regulate  fees,  &o 

Coin  :  May  be  landed,  &c 

Collector: 

Means  collector  of  customs,  &o ■ 

To  receive  fiom  i^xsters  of  vessels,  report  of  arrival,  cargo,  &c 

To  receive  from  iTasters  of  vessels  by  inland  navigation,  report  inwards.., 
May  issue  warrautfor  lauding  and  storlngof  goods  in  sufferance  warehouse 

I'articnlars  of  invoice  required  with  bill  of  antry 

May  grant  permit  for  conveying  goods  further  into  Canada  if  required 

May  appoint  a  secure  place  for  storage  of  goods  taken  for  default  of  entry, 

landing,  or  payment  of  duty,  &o 

May  require  fnrtherproof  of  proper  entry  of  goods 

May  open  and  examine  suspected  packages 

Invoices  showing  proper  quantity  and  value  to  bo  produced  to 

May  permit  the  warehousing  of  surplus  stores  of  vessels  for  reshipment  for 

future  use,  &o .* 

Duty  of,  re  examination  and  assessment  of  goods  damaged  in  coarse  of  im- 
portation   

W  liat  shall  not  be  regarded  as  evidence  of  damage,  &. ,  by 

To  deduct  percentage  of  dam  ige  for  duty 

May  administer  oath  to  witness  re  goods  lost  or  destroyed  before  landing  . . 

May  allow  cargo  of  damaged  vessel  to  be  landed  and  warehoused,  &o 

Mey  take  samples '. . . 

May  act  as  appraiser  wiihout  taking  special  oath 

May  add  to  invoices  representing  cash  value 

^lav  add  to  invoices  any  deductions  made  re  drawback  allowed  in  country 

of  manufacture 

May  allow  goods  to  be  landed  on  bill  of  sight,  on  deposit  to  cover  duties... 

'I'o  demand  certitied  invoices  for  perfecting  entry 

Invoic(!S  attested  on  oath  by  owner  to  l)e  produced  to 

May  require  invoices  attested  on  oath  by  owner  and  non-resident  owner,  &c. 
Not  to  receive  any  evidence  contradictory  to  invoice  produced  to  him,  &o.. 

Attestation  of  invoice  or  bill  of  entry  may  be  made  before 

Declaration  of  owner's  representative  to  be  kept  by 

;    To  retain  and  tile  invoices,  (fee 

vK      I'ower  to  examine  oji  oath 

;.       Appraisement  by,  to  be  final  in  certain  cases 

'  .:      To  file,  for  future  reference,  depositions  or  testimony  taken  from  persons 

swearing  falsely 

i      Shall  select  two  persons  to  appraise,  &o 

Shall  pay  appraisers  in  certain  oases 

May  take  goods  for  duty,  paying  value  and  10  per  cent . . . 

May  cause  a  certain  number  of  packages  in  eveiy  entry  to  bo  opened,  &o. . 

May  require  return  of  packages  delivered  witlioiit  examination,  &c 

To  fix  nature  and  amount  of  liond  to  be  given  by  importer  covering  entries 

for  a  period  of  twelve  months 

To  grant  a  permit  certifying  that  duties  have  been  paid  for  removal  of  goods. 
May  allow  owner  to  sort,  repack,  or  take  samjjles  from  goods  in  wandiouse. 
May  make  regulations  for  sorting,  repacking,  &c.,  in  warehouse 


107 

201 
202 

211 
214 
219 
221 

222 

r>;i,  54, 55 
58 
198 

201 
202 
.  203 
206 
217 

142 
143 
145 
234 
16 

37 
lU 
2:10 
234 

35 

4 

25 
27 
32 
41 
42 

43 
46 

48 
49 

50 

55 
50 
57 
58 
5!) 
05 
07 


70 
79,80 
81 
82 
8t 
86 
87 
8<i,90 
95 
96 
97 


1)9 
100 
103 
100 
111 

11'.' 
)I5 
118 
119 


SiihiM. 
ttoo. 


RianXS   OP   AMERICAN   FISHERMEN.  381 

jnalytioalindex  published  by  the  cu»iomHih'2>urtment,iJic. — Cuiitiiiued. 


Caatoras  act,  40  Victoria,  cap.  12, 


I  *'"  Mw'iiilow  rpiiiovnl  of  (joods  from  ono  wnrohouao  to  nnotlier,  or  from  one 

wwclionsiiiKPoitIo  iinotlicr  UM.lur  boml ........... 

May  »ll»w  Kio""  entered  to  puss  to  anotlier  wareliousing  port  under  Iwnd, 

Tr  enter  trnnsfers  in  a  boolc  Itrpt  for  tliiit  purpose ;  •  w 

Mav  ailniit  of  new  security  to  be  (jiven  by  tlm  bond  of  new  owner,  that  of 

(ifiuinal  bonder  mny  be  cunceled  

M»v  8pU  for  duty  or  wareliouse  rent,  goodx  in  \  iireliouBe  over  two  years. . . 

MavHllow  importer  to  almndon  pivclinees  without  payment  of  duty 

Suliiect  to  ft  penalty  for  nllowine  payment  of  duties  to  l)e  defurred,  4o 

iiiiihippins,  landing,  and  carrying  of  goods  sbnll  bo  done  in  manner  ap- 

Si'ciirity  by  bond  for  exportation  from  warehouse  to  bo  approved  by 

i  pon  what  evidenoo  bond  may  be  cauo(>led  by 

To  require  from  master  of  vessel  entry  outwards 

Mauler  of  vesHo!  to  answer  all  questions,  4.0. ,  by 

To  reoelve  entries  outward  venlied  l)y  oath  before  gran tirg clearance 

Xot  to  nllow  oars  or  vehicles  to  leave  port  or  limits  without  payment  of 

'  eipnrtduty -• --• -••. •■• 

M»v  purmit.aKent  to  ship  and  clear  goods  in  certain  cases. 

May  cdl  upon  master  to  answer  questions  re  rei)ort  ma<le  by  parser 

May  erant  bills  of  health 

May  Htation  olllccrs  on  board  any  vessels  or  ships 

May  search  ceitaiu  l)uilding8  on  suspicion , 

Party  to  be  searched  may  demand  to  be  brought  before 

To  appoint  females  to  search  females 

All  goods,  &c.,  seized  ivs  forfeited  lo  be  ]>laced  in  custody  of 

Notice  of  proceedings  for  condemnation  to  bo  posted  tip  in  olHco  of,  &.n 

May  deliver  to  owner  articles  seized  on  do])0»it  equal  to  value  and  costs  . . . 

May  sell  aniiiials  or  perishable  articles  seized  or  deliver  to  owner  on  deposit 

May  sell  goods,  &o.,  for  condemnation  in  certain  cases 

May  call  for  certain  books,  pajiers,  &v.,  re  seizures 

May  d(!taiu  for  action  of  commissioner  of  customs  goods  ralsdescribed  as  ex- 
empt from  duty 

Tu  lepurt  to  commissioner  of  oastoms  all  seizures,  detentions,  and  penalties, 
and  forfeitures  incurred,  &o '. 

Evidence  by  affidavit  or  afflmiation  may  be  ina^e  before 

Krrors  discovered  while  unpacking  to  be  reported  to,  &.o 

ICoramiisioiicr  of  customs : 

May  change  decision  of  appraiser  as  to  class  which  sugar  belongs,  &c.,  In 
certain  cases 

Has  power  to  administer  oath  and  receive  affirmations,  Sco 

To  examine  report,  &o.,  and  decide  re  appraisement  by  persons,  his  decision 
to  bo  final 

May  sue  for  penalties,  &o 

Action  to  be  takan  by,  for  goods  misdescribed  as  exempt  IVom  duty 

Collector  or  proper  otHcer  to  renort  to,  all  seizures  or  detentions,  and  pen- 
alties and  forfeitures  incurred 

May  call  for  evidence  by  affidavit  re  seizures,  detentions,  penalties,  &o 

To  report,  &.C.,  upon  evidence,  &o 

IComjiany: 

Taking  goods  liable  to  export  duty  without  proper  entry,  subject  to  a  pen- 
alty  

Any  trading,  may  eppoint  agent  to  ship  and  clear  goods 

Any  partner  in,  or  authorized  attorney  or  agent  may  execute  bonds,  &o — 
ICciicpaliiif; : 

Smudgled  or  prohibited  goods,  penalty  for 

Warehouse  goods,  &o.,  8ul>Jeot  to  seizure,  &o 

Goods  found  on  board  vessel  concealed,  to  be  seized  and  forfeited 

jConilomnation : 

Of  soods,  &c.,  seized  by  officer  in  charge  of  revenue  vessel 

Want  of  notice,  not  to  stay  proceedings  for 

Of  articles  seized,  liow  to  make  claim  after  pi-oceedings  have  commenced  . . 

Seem  ity  by  bond  or  deposit  required  for  payment  of  costs 

Of  articles  seized,  .iudgment  by  default.  lor  want  of  claim 

Ijipiisit  made  on  articles  seized,  &c.,.to  be  forfeited 

I'rnee^diuga  for,  on  refusing  minister's  decision 

I'roceedings  for,  or  terms  of  decision  enforced  at  election  of  minister 

jLoniliictor; 

Meaning  of  the  term 

Jnlijeet  to  a  penalty  for  aiding,  &c.,  in  unlawful  Importations 

Mnst  report  trains  with  freight    

Subject  to  a  penalty  for  false  report,  4.0 

Penalty  for  refusing  to  stop  when  required  by  an  officer  of  oastoms 

[jODMeiieo.    (See  Impoiter.) 
-oMiEnors: 

Tomake  verified  entry  of  goods  exported  by  vessel 

ny  railway  or  other  land  conveyance 

Penalty  for  refusing  or  neglecting  to  make  report  or  entry  outwards 


Section. 

,  Subno- 
tion. 

110 

120 

• 

121 

122 

12a 

124 

127 

133 
137 

138 

141 

142 

145 



146 

ISO 

U>1 

152 

loa 

176 

180 

180 

198 

20U 

204 

205 

200 

214 

217 

218 

210 

241 

76 

88 

go 

■-Si 

180 

217 

218 

210 
220 

146 

l.'H) 

248 
155 

158 

165 

108 
109 

201 

202 

203 

204- 

222 

223 

4 

24 

33 

33 

174 

145 

146 

147 

i  •■  1 


382  KiailTS    OF    AMKlilCAN    FlSllKUMKN. 

Analylioal  index  j'uhlished  by  the  vutiloma  depurUaenI,  i|-o. — C'uiitiiiuua. 

•  CuatoniB  act,  46  Victoria,  cap.  13.  ^,^.it';;i;s>,, 


CoDRiil : 

Cortiflciito  of,  for  vnliio  of  iluprociatotl  oiirionry  rni|uiro(l 

AtteHtiilioii  of  liivoiri>,  &c.,  amy  bo  iiiuilo  buforu  nuy  Uritittli  oi  furttign 

Iti'illHli  or  foi'ttiKii,  or  viuo,  inuy  fjraiit  luutliiiK  oortiliuaU',  &.c 

Coi^ortition  :  Any  trailiuK,  iiiiky  uppoiiit  iigt'ut  to  uliip  and  clear  gooda 

CuHlxof  Huit: 

For  unpaid  diitioa  iind  pi'UulticH,  vcoovorublo 

I'orHouH  siiiiit;  for  tbo  Orown  to  recover  full 

8<'0urity  by  bond  or  dupoMit  for  pay inont  of,  in  curtain  caHOH 

CluiinH  iiDUor  Hecurity  for,  and  nut  pretientod  within  ucerluiu  time.  Judg- 
ment by  default 

ArtiiiluH  Hcized  may  be  dulivered  to  owner  on  dnponit  equal  to  valuo  and 
costs 

In  default,  of  due  notice  for  actlou,  &o 

For  diHContinuiinco,  demurrer,  &,o .. 

Of  defense,  by  wbom  to  bo  paid 

For  ))lHiutiirto  be  limited,  if  probable  cause  bo  certified 

Counterfeitint;: 

Customs  nuirksor  brands,  liability  for 

Using  counterfeit  paper,  &u.,  liubility  for 

Courts : 

In  what  court  duties  and  penalties  shall  bo  recoverable,  ko 

Kvidencu  contradictory  to  invoice  produced  to  coiloutor  not  to  bo  rocoived 
in  any  court , 

Coj)ii's  of  invoice  may  be  given  on  order  or  subpicna  from  court ^.. 

lu  '.vhat  court  forfeitures  shall  bo  recoverable 

I'ei'Hous  (;ouvictod  for  misdemeanor  to  be  ilucd  or  imprisoned,  or  both,  at 
discretion  of  couri 

In  what,  penalties  and  forfeitures  shall  bo  recoverable 

becurity  to  bn  given  to  satisfaction  of  court  for  payment  of  costs 

Judgment  <>(  conrt  l)y  default  for  claims  not  presented  within  one  month. . . 

Way  order  delivery  of  ai  tides  seized  to  owner  on  deposit,  &c 

Two  .justices  of  the  peace  to  he  deemed  court 

In  wiiat  conrt  ii|)peal8  may  be  allowed,  &o 

Security  given  for  restoration  of  goods,  &e.,  to  be  appmved  by  court 

Judi;e  of  court,  to  oerlify  in  certain  cases  that  there  was  no  probable  oausu 
of  seizure   '. 

Verdict  or  judgment  of  court  on  finding  amends  of  olllcer  PMllioient,  &c 

In  what  court  x>onaltic8,  &.C.,  for  contravention  of  regiilaticus  are  recover- 
able  

Crown  goods : 

When  liable  to  duty 

Collector  may  take  for  Crown  any  whole  or  sejiarate  packages,  &c 

Goods  taken  for  Crown,  how  deaU  with 

Packages  may  he  abandoned  to  the  Crown  for  duty 

(yurator :  May  make  out ry  and  take  oath  in  certain  oases 

CuiTency : 

In  which  duties,  penalties,  and  forfeitures  must  he  paid 

Depreciated,  consul's  cer-iiicate  of  value  to  bo  given 

Foreign,  value  to  he  fixed  by  governor  iu  council 

Custom-house: 

Goods  exported  must  bo  reported  at  nearest,  &o 

Goods  must  not  be  carrio<*)i)aBt,  on  pain  of  forfeiture,  &c 

Vessels  to  bereporti-d  inwards  on  arrival  from  sea,  &.C.,  at 

Copy  of  report  inwards  furnished  oflicer  to  be  depusitetl  iu 

Vessels  arriving  bjr  inland  navigation  to  report  at 

Vessels  arri^riug  with  goods  in  transit  to  other  ports  to  report  at,  &o 

Conductor  of  railway  train  to  report  at , 

Goods  arriving  hy  land  to  be  reported  at  nearest 

Goods,  &o.,  landed  after  business  to  bo  reported  nt  first  opening  of 

Goods  entered  inward  at,  and  lost  or  destroyed  beforo  being  landed,  condi- 
tions for  making  claims,  &c 

J    Certified  copies  and  extracts  of  invoices  to  bear  stamp  of 

;  I'ackages  delivered  without  examination  shall,  if  required,  ho  returned  to.. 
.    Goods  entered  at,  to  bo  marked  or  stamped  as  directed  hy  regulations 

Hook  for  entering  transfe; 8  to  be  kept  by  collector  in , 

jilxportation  of  gootls  by  railway  or  other  land  conveyance  to  bo  entered  at 
noareMt ; 

Goods,  ifeo.,  llalde  to  forfeiture,  to  be  taken  to... . 

Good.s,  &o,,  smuggled  aud  stopped  on  suspicion  of  being  stolen  to  bo  taken 
to 

Penalty  on  police  officer  neglecting  to  convey  goods  detained  by  him  to 

Punishment  of  persons  destroying,  by  fire  of  otlierwise 

All  bonds,  documents,  aud  papers  to  be  in  form  directed  by  minister  of 

customs 

Damage  to  goods : 

Allowance  for,  b.r  water,  &c.,  particulars  for  making  claim 

Imported  by  land,  during  course  of  tiaQsportution,  particulars 

What  shall  not  he  regarded  as  evidence,  &o 

Percentage  of  damage  to  be  deducted  for  duty 


IS 

HO 
US 
127 

I.'.:! 

188-liiJ 
2U2 
203 
201 
201 
200 
211 

210 

227 

2M 

63 
103 
104 
124 

«S 

12 
12 
12 

19 
20 
25 
2C 
27 
32 
33 
34 
36 

.■» 
05 
111 
114 
121 

140 
182 

183 
184 
186 

244 

,53 

64  .111(1  56 

50 

67 


RIOIITW    OF    AMKICICAN    Fl.SIIKUMKN,  ■]S'd 

titiahjtkal  index,  publ'mlietl  hy  Ihe  m»lomn  lUpiitlmvul,  ij'c— Contiimi'il. 


Cuatoius  act,  40  Victoria,  cap.  12. 


^Urallon.  (SeoOatUu.) 

*''j'p*°vil,iP  l(y  r<M\80U  of  ilmwback  not  ultowed 

U,  value  of  imckntrtH  not  nllowwl 

Ki>r  (hargr»  1.  ir  iiaikiiig,  straw,  in:.,  not  allowutl 

UhiuI io loave  jirnvliKe  wbero  unit  l«  I)i'i>iig1it,  An,,  iimy  Ih)  ai'icMtvil 

;„,lj,niiiyl)fiiitorfB(l  ajjiilust,  In  curtain  canoH  

J- '    jcniiirror.  &«'.,  entitled  to  lull  coi.tJi  of  action,  fto 

Xurrciivii'fulIiuHtHuf'del'ouHefor  UiHcoutiuuanvo,  liu.,  oruutioo  or  aiilt  by 

pluintifl' 


If  piobiible  taiife  bo  ccrtillod  upon  record,  damaKo  niiU  o«hIb  to 
nomr;  Costs  I'ur,  ou  uctlou  or  Huit  by  wboin  i>nyublc> 


bo  liniltiid 


Taken  to  cover  duty  on  ({omls  by  bill  of  nljibt,  how  doiOt  with. 

Jlavliotukcuassi'tiirit.v  for  ))avnioQlof  chhIh,  &« 

iiticlfi"  WIS'  <1  "»'.V  '•"  dclivorcd  nn 

TskiD  for  delivery  of  articloa  sttizud,  how  dcalli  with 


IViiiilty  for  rerimini:  to  Milmcribo  tianiit  to,  r«  nimralHonit'iit  ot  mmAn 

TrMiiiionv  in  wriliii,';  takon  lioiu  (u'lHuim  swtwrliij?  lulnoly  to  be  lilwl,  4.0. . 
irilift.  wrecked.  &e.: 

fimls  Biilijecl  to  duty - 

IVnully  for  not  reporting  such  Koods. 

Hinlii'ii:  

(If  vessel  for  III oakiiig  bulk,  &o 

(If  vessel,  penalty  or  m'curity  for  oiitorlnR  otliur  port  ofoulry 

1)1  \(s»el,  iioMalty  on  nmstcr  for  untruo  ropurt,  io 

Of  vi'ssel.  vuhlelo  or  anlmalH,  penalty  for  unlading  g<iod8  wilboul  report, 

or  untrue,  &o -_ 

(If  (ooda  taken  for  tho  Crown,  bow  dealt  Willi 

II' vessel,  penalty  on  master  fur  leaving  wiiboiit  oUiaraiice,  delivering 

false  content,  &c 

OfeiKwlsriniaining  in  warobouselor  payniont  of  diitie*  oiigiHxlH  concealed 

or  iiulawfully  leuioved 

Uf vessel,  penalty  on  master  for  breaking  liatohes,  luck,  seal,  &o.,  or  sccrut. 

in|!  gooon 


Moollon. 


Ofjuspeeled  packngcs ^^ 

1  Ulliecrcalliu);  for  aisMiHtaiice  to  detain  vcshoIh,  robicluii,  4is.,  on  reasonabb* 
Hifpition  not  liable  to  proHocntion 

Poliie officer  iieiilectiug  to  convey  gooda  detaiiicd  by  lilni  to  oiiiitom-ho\i80 

sulijict  to  penalty 

I  Ofikiiiid.iiit  liy  anoat,  for  leaving  Province,  *o 

Ofv,>sMl,  vehicle,  gooda,  &o.,  to  be  reported  to  couiiulaHinner  of  oiiatouia. .. 
ilrilraliun; 
rotpeniilties,  &c.,  governor  in  oonncU  may  regulate 

Sfealso 

Kanient : 

[  Fur  purpose  of  deferring  payment  of  duty,  iiot  to  be  accept  oil 

Lialulity  for  falsitying  or  counterfeiting  certain 

Fdiinof,  to  be  at  direction  of  minister 

;  May  bo  broken  ojieii  in  certain  cases 


70  Bud  71 

7a 

711 

102 
104 

227 

228 
220 
227 

70  and  80 
202 
204 
205 

07 
08 

(lU 
01 

10 
22 
JO 

:io 

103 

143 

158 

:fl5 
172 

173 

184 


Allowance  for,  to  be  regulated  by  governor  lu  ooniicil 
jift'also 


Mttback : 

AlloKod  in  country  of  manufacture,  to  form  part  of  value  for  duty 

Giivenior  in  council  may  regulate  importntloim  for  apectal  imi-poHas,  Slo 

Giiveruorin  conncll  may  allow  drawback  on  duty.iwid  goods  and  uxiiorted 

iirm.inafactiiied  in  Canada, &.c 

BtfT:  Ofvebicle,  &c.,  penalty  lor  refusing  to  stop 

Ilirsufcnstunifl: 

I  Towliicbact  iipplies 

I  (iovtiuorin  council  may  establish  rates  of,  iu  certAlu  aaseM 

Cnnencvin  wbieli,  must  bo  paid 

Imposed  according  to  epecido  qanntity  or  value 

!  Must  lip  paid  to  receiver-general 

I  A  (lel)t  to  Her  Majesty,  bow  recoverable,  with  costa 

i  Must  lie  p.tid  down  uoloss  goods  are  warehoused 

To  lie  paid  only  at  port  of  landing 

Collcitorniny  require  further  proof  as  to  rating  description,  &o.,  for 

Aliaiemcnt  of.  allowed  for  damage  bv  water,  &c.,  lu  ceitain  cases 

weiitage  of  damage  to  be  deducted  for,  &o 

Kf turn  of,  ou  goods  lost  before  landing,  &c 

Goods  sold  for  payment  of  repairs  to  vessel,  or  for  chargos,  anliject  to 

Goods  derelict,  tIo.ntsam,  jetaam  or  wreck  or  landed,  or  saved  from  stranded 
or  Tucked  vessels,  subject  to 

Goods  dcielict,  &c.,  subject  to  forfeiture  for  non-paymont  of , 

I  ^»™»  derelict,  (fcc,  if  not  paid,  within  a  certain  time  may  be  sold 

Grown,erexemptedgood8xf  sold,  liable  to 


Biibaeo- 
tiou. 


IU,2 

218 

.---• 

V13 

230 

1211 

1118 

13 

"44 

179 

(14 

230 
70 

2 

78 

!>4? 

174 

f) 

11 

12 

1.") 

14 

1!i 

42 
4.'* 

411 

53 

57 

5H 

50 

no 

61 

02 

0.) 

384  RIOIITS    OF    AMERIC..N    I'lHHKUMEN, 

Analytical  index,  publialwd  by  the  ciiHloniH  diiturtment,  <)t. — Coiitliimd, 


Customs  Mt,  40  Victoria,  cap.  tX 


PXT, 


DutioH  orciiHtom*— Contlnnxd. 

(iimmIh  paMiiiK  ii>  tmnHit  throufib  anotlior  country,  liow  valurd  for 

DcpiiRlt  HiitiWtiiint  to  cover,  on  gocMln  cnterlnK  by  bill  of  nigbt,  Xu  Xw  niudo. 
Additional,  ii  cuBvHol'undun'uluatiou — Hoizutc  and  toifoiture  for  uou-pay- 

nunit 

OoodHover  two  years  may  bo  Hold  for,  &.0 

WurobouHe  packHCCR  niu)  b«  almudooed    ar,  &o 

Bond,  note,  or  other  docameut,  lur  the  purpose  of  deferring,  &o.,  payment 

of,  not  to  bo  ncceptad 

Collt'ntor  or  otbor  ot)ici>r  subjvct  to  a  penalty  for  allowing  payment  of,  to  bo 

avoided  or  deferred,  &o  

OoodH  taken  out  of  warehouse  to  be  subiect  to  dnty  nt  current  rates  

Tayable  in  nil  cases  on  quantity  and  value  as  stated  on  iirst  entry  wbeu 

ori);iuall V  warehoused 

EutrioH  inwards  I 

Importer  to  enti^r  within  three  days 

Particulars  of 

OoodH  mav  lie  taken  to  warel    .ise  In  default  of 

Of  uooils  f'lr  another  port,  to  \  a  completed  at  that  port 

Colu)ctor  may  require  fnrtbor  proofs  as  to  correctness  of. 

Xot  valid  unless  Koods  corro8]>ond  with  report 

Quantity  and  value  to  bo  always  f!;iven  in 

Ity  bill  of  sight  bow  and  in  wiiat  cases  allowed 

N'ot  deemtMrperleet  unless  certified  invoice  is  pro<luced,  tto 

Invoice  attested  on  oath  to  \m  produced  with 

May  bo  made  by  executor,  curator,  administrator  or  assignee 

Collector  or  other  ollicer  subject  to  a  penalty  for  allowing  payment  of  dnty 

to  bo  deferred,  <kc.,  except  by  regular 

Duties  payable  on  quantity  and  value  as  stated  on  first  entry,  &o 

*       Of  goods  for  wareliousi  ig,  to  be  deemed  waraboused  for  certain  purposes... 
Of  goods  niisdoscribed  as  being  exempt  from  duty,  to  bo  seized  and  for- 
feited  

May  be  made  t>y  any  partner,  or  anthorized  attoraey  or  agrnt  without 

mentioning  the  names  of  other  members 

Entries  outwards: 

Of  goods  exported  from  warehouse 

I'iirties  not  authorized,  sul)Jcct  too  penalty  for  making 

Of  vcHsels,  particulars  of 

To  be  delivered  to  collector  before  clearance  is  granted 

Particulars  of,  by  railway  or  other  land  conveyance 

Of  gorals  from  warehouse  must  correspond  with  entry  inwards 

May  benuulo  by  agent  In  certain  cases 

May  be  made  by  any  partner  or  authorized  attorney  or  agent  withont 

mentioning  names  of  the  other  members 

Evidence: 

Contradictory  to  invoice  not  to  bo  taken  re  value  of  goods 

Proof  of  existence  of  another  invoice  to  be  sufficient  evid(mce  of  frand 

Upon  what  evidoneo  bond  may  be  canceled 

Averment  to  bo  sufficient  in  certain  cases 

Averment  in  suit  or  information  that  customs  officer  was  dnly  employed  to 

\m  sufficient 

I3y  affidavit  to  be  furnished  in  certain  cases 

Conjmissioner  to  report  on 

What  only  may  be  adduced  in  certain  cases 

Copies  of  Canadian  Gazette  containing  regulations  to  be 

Certilied  copies  of  orders  in  council  to  bo 

Certain  documents  to  be  presumptive 

Examination: 

Goods  removed  from  place  appointed  for,  before  being  examined,  liable  to 

seizure,  &c 

Of  Huspected  packages,  or  contents  of  packages  unknown  to  master,  &c.. . 

Regarding  claims  for  damage  by  water,  &o........ 

Of  goods  entered  on  bill  of  sight 

Penalty  for  false  swearing  on,  revalue  of  goods 

Collector,  appraiser,  &c.,  may  order  a  certain  number  of  packages  in  eveiy 

en  try  for 

Provision  as  to  packages  delivered  to  importer  before 

Packages  delivered  witiiout,  shall  if  required,  be  returned  to  the  custom- 

house 

Of  vessels  found  hovering,  &o 

Execution  of  Judgment : 

Of  court  for  penalties,  costs,  &c.,  how  enforced 

For  restoring  seized  goods,  &c.,  not  to  be  suspended 

Executor:  May  make  entry  and  take  oath  in  certain  cases 

Exemptions : 

Collector  may  require  further  proof  before  accepting  entry,  &c 

Crown  or  exempted  goods  if  sold  lialrle  t o  dnty 

Particular.H  for  entry,  liable  to  seizure  for  misdcboription 

Expenses  to  bo  deducted  from  proceeds  of  forfeitures  before  distilbution.  Sic. . 


SeotioD. 


74 
VO-M 

102 
12S 
124 

I2« 

m 

12« 

132 

40 
41 
43 
45 
46 
48 
411 
7» 
•   81 


8t 

127 
132 
186 

217 

248 

137 
13» 
141 
14i 
146 
148 
150 

248 


138 


171 
219 
220 
226-228 
236 
237 
245 


Uui. 


106 

no 
111 

163 

m 

211 

85 

46 
63 
217 
213 


RIGHTS   OF   AMERICAN   FISHERMEN.  385 

Analytical  index,  published  by  the  ouiitumi  department,  tfo.— Coutluuod. 


8uW 
Un. 


248 


63 
138 
162 

171 
219 
& 
>6-228 
236 
2;i7 
245 


20  . 

::: 

r.;i 

7!)  

'j8 

106 ' 

110  

Ill 

163 



m 

211 

85 



46 
63 

an 

213 



Cnttoms  act,  4C  Victoria,  o«p.  12. 


ur  eooUs  mutt  bo  ropoi  to(l  at  iinaroHt  ('iiiit<mi-lioiiH(\  Sco 

domUinay  bociitcrril  for,  without  imyiiioiit  or  duty 

I'lKHlnfiir,  to  lio  tlnally  cluariMl  withlu  two  yoiirn  I'niiu  waroboiisii  or  hoIiI . . . 
(idoili  talii'ii  oat  of  wurcbui'NO  fur,  uDil  roluudud,  8uld,  'la.,  to  bu  solzod  and 

Uiiuilityof  liDodn  tjint  miiy  b«  tukeii  out  of  warrhouno  for 

llind  to  bii  ({iveii  ou  entry  for,  of  kO'mId  t'rom  warobouHo 

I'aitlea  not  aiitliorl/.ud  nmkliiK  uutry  for,  fruut  wmo^iouso  subject  to  • 

|i«ii»lty ; 

livinipoitiiiL'vraitol 

What  Hhiill  b«  cuusidoriHl  tlio  proper  value  for 

Wriflwl  cntrv  required  from  vexsol 

Viiitif  il  out  I  y  required  from  railway  or  other  Innd  convoyanoo 

Kutrv  nutwiii'lH  niu8t  ncreo  with  entry  Inwards 

A«f lit  iu»y  enter  RoodH  for , 

liporirr:  Me'ttnliig  «f  the 'erm , 

Fur  gruntin;!  certified  conies  ur  extract  of  invoices 

i'lirfraiitiii}!  billH  ofheiilth 

Fur repurtiu); anil eleariuj;  in  certain  cases , 

I'i'rMins  taking  away  seized  coods,  to  be  ailjudged  t;iiilty  of 

UMnietiiii!,  aHHHijlilng,  or  rcHlHtinc  olHcorH,  &c.,  liriuK  at  Her  MivJcHty's 
vrwirlti,  wDiuKlii'iK  jierHouH  In  Her  Mi^jeHty's  Htirvlee,  biiviii);  (cimhU  liabln 
ln*eiziire,  nnd  beiii);  armed  urdisguiHcd,  ur  destruyint;  vohhcIs,  gouds  or 

;iii,v  I'liatoni-bouHe,  &o.,  to  be 

fcniMrs:  TiiHcareh  t'emnlen 

:  Kri'nii,  may  lielamlvd  before  entry 

Uiiiin:  Viwls  engaged  in,  may  take  warehoused  goods  as  stores 

lolun.  &0. : 

Goodi  lul^ject  to  dnty 

IViialtv  I'ur  nut  repoi  ting 

Ilour.  ii'iiul>iti(in»reHpee.tiii<{  grinding,  &.O.,  in  bond,  not  to  extend  to  tho  sub- 

I         Kllllllillll  1)1' 

forffiiure  (see  IViinlty) : 

L'liimicyiii  which  iiiuat  bopald 

Ul  ciiiJilit  unladen  beCorc  entry,  &c 

(If  umhIs  earned  past  custom-honso  ur  removed  from  place  appointed  for 

ixamlnntiou 

Orvdsel  and  goods,  for  entering  other  than  a  port  of  uutry,  except  In  cor- 

liiiiicaueH 

(ir  iidods  unlawfully  imported  by  land 

or  Kijoils  unlawfully  imported  by  railway 

Car.  tube  (ietacbed  from  train,  for  containing  smuggled  goods 

0(  scjils  found  on  board  vesHel,  or  lauded,  and  not  reported , 

or  |iiohiliiteil  goods  found  iu  packages  for  exportation,  or  for  inii>ortatlon  to 

another  port,  A-.o 

(jinductor  subject  to,  for  false  report,  &c 

Fi.r  viulations  of  coasting  regulations 

(ifjtowls.aud  penalty,  onmastor,  for  unlading  of  goods  without  report,  &.C. 

01  goods  Inndod  witlioutdue  entry,  &o 

Of  goods  not  correepoudiug  witli  report,  &c.,  convoyed  beyond  port  of 

iiitry,  niifedescribod,  &o 

Of  goods  and  penalty  ou  pernon  for  having  in  his  possession  goods  derelict, 

jileani,  lioatsum,  or  wreck,  without  reporting,  &o ." 

Of  mjwn  or  exempted  foods,  sold  without  ontry  or  paymeutof  duty 

Of  simps  entered  under  wrong  names 

Of  goods,  and  penalty,  on  person  for  false  statement  in  declaration  on  entry . 

of  goods,  and  penalty,  for  presenting  false  invoice 

(if  goods,  for  false  swearing 

Of  goods,  for  nonpayment  of  additional  duties 

01  goods,  found  in  package  and  not  mentioned  in  invoice  or  entry 

01  goods,  found  not  corresponding  with  invoice  or  cntry.or  fraudulently  nn- 

Of  all  goods  and  packages  in  entry,  for  wilfully  Vaiso  oath 

1  ackages  duliveriul  without  examination  to  beroturued  under  fuvfeiture  of 

ptnalty  of  bonds,  &o , 

I  '•''Uecior  or  other  officer  subject  to,  for  allowinjr  payment  of  dnty  to  be 

i    deferred,  &c ".:... 

'  Of  goods  entered  to  be,  but  not  warehoused,  taken  out  for  exportation  and 

;    ulauded 

i  01  goods  removed  without  permission  from  coiiectoi  &c 

i "' soods  rclanded,  &c.,  in  contravention  of  bond  together  with  vessel 

I  ^.f  ^"."',6'  not  authorized  for  making  entry  outwards  from  warehouse 

iwuuips  stores  delivered  from  warehouse  and  relanded  without  due  ontry, 

together  with  vessel 

I  On  master  of  vessel  for  leaving  without  clearance,  delivering  false  content, 

I    ^"^^'^  exported  from  warehouse  and  not  agreeing  with  entry  inwards. . 

S.  Ex,  113 25 


19 

in 

na 

1 28 
13li 
137 

130 
141 
14S 

145 
140 
140 
15U 

4 

05 
152 
•Sii 

18S 


IRO 

180 

35 

14 

00 
61 

130 

12 
1(1 

20 

21 
23 
24 
24 
30 

31 
33 
37 
30 
44 

48 

61 
63 
70 
00 
04 
98 
102 
107 

108 
109 

HI 

127 

128 
134 
137 
139 

140 

143 
140 


Onb- 
seotion. 


»    ■  - '   *  t 


H  -4 


38G  Kioni'S  OF  amekican  fishermen. 

Analytical  index,  publithed  by  the  cu$tom$  departK^nl,  ^-o.— Continued. 


Ciistoma  ftct,  48  Vl'itorln,  o»p.  12. 


FoifoittiTd  (see  Penalty) — Continueil. 

Of  goods  fornntrne  report  of  pnrgflr ; 

Of  Kou<l8  8inii|;);le(l  or  pnssed  under  falfio  invoice 

For  ofl'or.nK  for  .lalo  goods  protonded  to  bo  8niaKf;lud,  &o 

Of  smuKgled  goods  found  on  two  or  more  porsons  in  company,  &o 

Of  Boons  oouvenlcd  or  unlawfully  removed  frcin  wiirobuuno,  and  all  goods 

of  same  iiuporf<>r  liablo 

Of  vessels,  vehicles,  horses,  harness,  cattle,  to.,  used  in  conveying,  cu- 

shipping,  or  removing  good.-*  liable  to  lorfoiture 

Of  vessel  and  cargo founuhovering  in  British  waters  with  contraband  goods 

on  boanV 

Of  goods  found  concealed  in  vessels . 

Of  goods  fiilsolyinrirkod  or  branded , 

Of  vessels,  vnliicles,  &.c.,  that  contruband  goods  have  been  found  on,  &c... 

Of  goodf,  and  building  to  bo  removed  in  certain  cases , 

.'      (\:ood8  llal)ie  to,  to  bo  taken  to  onstom-liouse , 

Of  vossnls,  vehicles,  goodH,  &c.,  seized,  to  be  condemnedif  not  claimed  within 

a  certain  time — notice  of  claim  raquired 

Of  money  deposited  on  articles  seized  and  condemned 

Ofgoods'roisruiiiesenUd  as  exempt  from  du,.y 

Incurred  to  bo  reported  to  commissioner  of  customs  , 

I'ersons  having  incurred  required  to  furnish  evidence  by  affidavit  in  certain 

oases , 

For  contravention  of  any  regulation  of  governor  in  council 

Of  vessel  fornon-compl.\<n^  1  with  regulations  if  valae  under  $400 , 

Forging:  Customs  marks  or  'irands,  liability  for 

Freight  and  charges  may  be  paid  by  collector  re  goods  taken  fc  the  Crown.. 
Uovi^rnor  in  council : 

May  declare  rate  of  duty  in  certain  cases 

May  Jlx  foreign  currenr'os 

Duties  of  customs  subject  to  order  of,  &c 

May  appoint  porta  and  places  of  entry,  and  increase,  diminish,  Oi'  alter  po- 
sitions, &o 

May  establish  regulations  respecting  the  exportation  of  goods 

May  appoint  suflerance  wharves  ana  warehouses 

May  authorize  importation  of  goods  carried  by  vessel  not  registered 

May  name  security  and  precaution  for  trnusport  of  goods  landed  at  one 

piirt  and  intended  for  another 

May  appoint  appraisers,  local  or  Dominion 


May  make  provisions  as  to  goods  merely  passing  through  country 

lias  power  to  declare  what  charges  siiall  be  luclnded  re  value  of  sugar,  \ 
sirnps,  molasses,  &c 

Has  \)ower  to  interpret,  limit,  or  extend  moaning  of  conditions  <  s  importa- 
tions free  of  duty  for  special  purposes  

May  make  regulations  to  perfect  entry  without  invoice 

May  make  provi.uons  re  invoices  to  be  attested  to  on  oath,  <tc 

Ma.Y  appoint  additi:)nal  olHcers  to  administer  oath,  i&o.,  and  nia.y  by  order 
In  council  relax,  or  dispense  with  certain  provisions,  4.0.. 

May  dispense  with  written  declarations  in  C6itain  cases 

May  alter  form  of  oaths,  &c , 

May  make  regulations  regording  goods  taken  for  the  Crown 

May  order  part  proceeds  of  sales  of  goods  taken  for  the  Crown  payable  to 
collector,  appraiser,  or  other  officer '. 

May  direct  use  of  certain  marks  and  stamps 

May  appoint  v.uehouHiug  ports  in  addition  to  those  already  established... 

May  nulke  regulations  respecting  goods  in  warehouse 

Ma-'  n'.ake  regulations  respecting  goods  init^ired  ,t  frontier  port  and  pass- 
ing to  another  warehousing  port 

May  make  regulations  re  wareliouse  rent 

May  make  regulations  dispensing  with  or  providing  for  the  canceling  of 
bonds  for  ^oods  in  wrirehouse 

May  nuke  regulations  for  sluughtoilnt'  cattle  or  swine,  and  grinding  wheat, 
iiiaize,  or  othe-  grain  in  bond '. 

M  ay  make  regulations  for  refining  sugar  and  molasses  in  bond 

May  make  provisions  re  warehouse  rent  and  expenses  connected  with  nn- 
shipping,  &c.,  of  goods 

May  make  regiilations  for  the  ex-warehousing  of  goods 

May  require  prootof  export  from  warehouse ; 

May  make  regulations  as  to  coasting  trade  of  vessels,  &o 

May  require  statistical  information  as  to  exports 

May  regulate,  &c.,  powers  given  for  effective  searching  by  day  or  night 

May  authorize  ofhcers,  &o.,  to  sne  for  penalties,  &;c 

May  make  regulations  for  the  disposal  of  goods,  &o.,  other  than  by  public 
auction 

Mav  tegnlate  di^tributioii  of  penaUies,  &c.,  and  remit  penalties  and  f^rfel^ 
«rc« 

May  make  regulations  for — 

lirandlng  and  marking  doty -paid  goods  and  goods  entered  fbr.exporta- 
tion,  and  roKnIcting  or  declaring  allowances  for  tare 


151 

i.'a 

IM 
ISS 

158 

162 

1«3 
]«5 
167 

173 
176 

m 

198 
204 
217 
218 

219 
231-235 
235 
167 
103 

11 
12 
14 

17 
It 

32 


37. 


9C 
91 
103 

105 
114 
116 
117 

120 
122 

12*i 

i;J0,230 
131 

134 
135 
137 
■144,230 
148 
179 
189 

212 

213 


RIGHTS   OF   AMERICAN    FISHERMEN. 


387 


ed. 

u. 

151 
11)3 

IM 
158 

Sob. 
•eeiidi 

Jiifl'ii'iVrti  index,  published  by  the  customs  department,  ^c— Continued. 


11 
12 
14 

17 
19 
32 
38 

4' 

m 

74 

77 

78  1 
81 

82 


88L. 

oc;.. 

91  i. 

103 ;. 


114' 

116 

117 

120 
122 

12'« 

1,230 
131 

134 
135 
137 
,4,230 
148 
179 
189 


212 
2131 


2301 


Customs  act,  41  Victoria,  cap.  12. 


A^i-  ■ 


Ciirf.Tior  iu  council— Continncd. 
May  make  repilatioiiB  for^  .  ,  ,      j. 

Appointinj;  ports  nr;l  plnccs  of  tintry  iind  warohonHiiiK  anil  bonding 
ports,  and  rcHpcoii.n;;  goods  and  vosbcIs  jiassinf;  tho  canals^  horses, 
veliii'lcH,  aiid  travolors'  baggage,  ci.niiiig  in  or  passing  tlirough  Can- 


ada. 


Eeguliiting  (.r  restricting  tlie  importation  of  spiritd,  wine,  and  mall 

Kxcnipting  produce  of  grain  or  timber  grown  iu  Canada  from  duty  in 

certain  cases -•  .- 

iuthorizing  appointment  of  waroliousea,  regulating  secijnty  to  be 
taki'u  from  keepers  of,  forms  and  conditions  sabjeot  to  rent  or  license 

lee,  SiC- - ..-.--..-.-.. 

Kjttnding  time  for  clcprine  warohonsed  goods,  and  for  tnvnsport  of 

lioiKled  goods  from  ono  port  to  another,  &c 

lii'irulatim:  forn'S  transferring  goods  in  bond .. 

Exempting  goods  from  dmy  t.    'leing  the  growth,  produce,  or  mann- 

facturoof  NewfoHndlaud,  ■•.      

Trim.si'crring  cerlain  niatcilal-    or  Canadian  manufaituro  to  the  free 

list,  or  granting  drawback  t no-eon,  &.o 

Distribution  of  punalties  und  forfeitures 

To  autborizo  taking  of  bonds,  &c 

(li'iKTiil  roRulations  of,  to  '  avo  eflect  of  special  order  in  cases  to  which 

liu'V  apply 

Stay  iiiako  voi^idatlons  no  to  passing  of  goods  through  Canadian  canals,  &.O. 

l|jy.  by  rPKulationa,  rcq'iire  certain  oaths  or  dvclarationa 

May  prohibit  t lie  exportation  "f  certain  goods 

May  regulate  coasting  fees,  (fee 

I'ou.ilty  for  contravention  of  any  regulation  '\v 

.\11  ronulntions  of,  to  be  published  in  Cauaua  Gazette,  as  also  revocation 

dt'ay  regulation 

Cdtliflcd  copy  of  ordei.T  of,  by  clerk  or  assistant  of  Queen's  privy  council, 

for  (laiiada^  to  be  ovidonco .' 

Mar  aliov,-  reuiiesion of  dnty  on  goods  exported  or  mannfucl'ired  in  Canada. 

inin;  May  ho  ground  in  bond 

Ininitv:  I'oually  on  olhcer  for  accepting,  for  neglect  or  non-performance  of 
lid' 


Irfst  llras  d'Or :  Vessels  entering,  where  to  report,  &c 

Irindiii^' ;  Of  ■nlicat,  maize,  or  other  grain  In  bond 

Isiij!!';  Allowance  for,  to  bo  Hxed  by  tho  governor  in  councU 

'  iiipowilc;' :  Governor  in  council  may  prohibit  exportation  of 

hilar,  8tatutory :  No  goods  to  be  unladen  on,  except  in  certain  cases 

mo  rousiimptlon : 

(.io,Hi.sin  warcliouse  for,  &c.,  to  be  Anally  cleared  within  two  years  or  sold. 

Qnantily  of  poods  'o  be  tak^n  out  of  warehouse  at  ono  time  for 

(jixkIs  eutored  lor  warehouse  but  not  actually  deposited  iu,  may  be  taken 
fur 


Section. 


Forfeited  if  used  in  unlawfully  importin"  goods 

Anil  barncss  used  in  carrying  forfeited  goods  to  he  forfeited 

fl|Kii1atioii ; 

llyri'Dsel.  when  gooda  may  be  unladen,  &c 

Ol'somis,  must  be  at  a  regular  port  of  entry 

iif Roods,  must  not  be  carried  pastejistom  liousoon  pain  of  forfeiture 

til  (.'(hkIs  by  vessel,  and  entering  other  than  a  port  of  entry,  to  bo  forfeited. 

liimls  forlV  ited  if  unlawfully  imported  by  land 

Ii;«)(ls  forftiitod  if  unlawfully  imported  by  railway 

Ol'joods  at  ono  port  intended  for  another,  how  dealt  with 

In  transit  to  otliir  jiorts,  liow  dealt  with 

Uf 200(18 by  lanil,  par' icnlars  of  rejiort 

Of  iiiKHli,  by  ve^^s^■l  not  regiato!-ed 

Wiiiiiinvhat  time  entiies shall  bo  made 

Xiitiiinisiionding  witli  report,  conveyed   beyond  flort  of  entry,  niisdu- 

(libid,  or  unauthorized,  &e.,  to  bo  forfeited 

Ill 'irnor  in  Council  may  make  regulations  regulating  or  restricting  the 

iiportation  of  wpiri ts,  wines,  and  malt  liquors 

SihhIs  time,  bow  delined..  ., 

rter,  consignee,  or  owner,  &c : 

leaning  of  the  terra 

Ilffoodtby  seanr  land  io  make  duo  entry  within  a  certain  tlme..^..'.'. . ..', 
ouodstjiken  to  warehouse  in  default  of  entry,  &o.,  to  be  at  riuk  and  charge 


iOl 


Til  bear  exi>  .  so  of  opening  and  repacking  packages  contents  unknown  to 

Katf  ring  bv  bill  of  sighti  "how  and 'in  what  cases  alVowed !.'.'."!!"  ."I !  I !.'.'.".' ! 

i  nmco  to  he  attested  on  oath  by 

I  In  fMe  there  is  , lore  than  one » 

I  ioviiicii  if  lecjuired,  must  b*  attested  by  oath  of  owners  aa  well  as  by  non- 

rttident  owners 
ProTiiion  for 


Nath,  bankruptcy,  &o. 


230 
230 
230 

230 

230 
230 

230 

230 
230 
230 

230 
231 
232 
233 
234 
235 

236 

237 
242 
130 

187 

52 

130-230 

64 

233 

16-32 

123 
135 

136 

23 
162-172 

16 
18 
20 
21 
23 
24 
31 
32 
34 
38 
40 


Snbso^- 
tlon. 


4 

5 
6  and  7 

8 

9 
xO 

11 

12 
13 
14 

15 


4H 

2.10 

5 

4 

40 

43 

47 

79 

.>ut-. 

... 

83 

84 

85 

388  EIGHTS   OP  AMEEICAN  FISHERMEN. 

Analytical  index,  published  by  the  oiiatome  department,  ^o. — Couiiiiued. 


CustoDiB  act,  40  Ylotoria,  cap.  12. 


Importer,  consigoce,  or  owner,  &o.— Continued. 

Odi^  to  take  oath  in  certain  caaes 

Subject  to  n  pttualty  lor  preBontinf;  false  icvoiuo,  &o 

May  bo  examined  on  oatli  by  collector  or  appraiser 

Kefusini;  to  attend,  testify,  or  produce  certain  books,  ^c,  (abject  to  a 
penalty 

Dissatisfled  with  uppraiaemert  may  appeal 

Uooils  subject  to  joizuro  and  forfeiture  for  non-payment  of  additional  du- 
ties  

Provision  as  to  packages  delivered  to,  before  examir  <iti  on 

I'articnlars  of  bond  to  be  given  by,  covering  entriee  to'oemadofor  a  period 
of  twelve  months 

Duty-paid  goods  to  be  branded  or  stamped  before  being  delivered  to 

May  enter  goods  for  exportation  or  warehonse  without  payment  of  duty. . . 

May  sort,  repack,  or  take  samples  of  goods  in  warelionse 

M  ay  remove  goods  from  one  warehousing  port  to  another,  or  from  one  ware- 
house to  another ' 

May  npon  entry  of  goods  at  a  frontier  port,  &c.,  pass  them  to  another  ware- 
bonsmg  port  under  bond 

May  abr    ton  packages  for  duty 

To  pay  warehouse  rent  and  other  expenses  of  unshipping,  landing,  and  car. 
Tying  cf  goods 

May  appoint  agent  to  ship  and  clear  goods 

Onus  of  proof  that  duties  nave  been  paid  to  be  on  owner  in  certain  cases. . . 

Of  goods  seized,  to  furnish  certain  books,  papers,  &c.,  if  required 

Should  report  to  collector  any  error,  &c.,  in  description  of  goods , 

Oath  of  consignee  may  be  taken  by  attorney  or  agent 

Imprisqnment: 

Of  persons  for  aiding,  &c.,  in  unlawful  iroport»tion8 

And  fine  on  conviction  for  misden'cannr 

For  non  payment  of  penalty,  on  conviction , 

For  gaining  access  or  delivering  goods  from  bonded  cars,  &c.,  without 
permit 

For  non-payment  of  penalty  for  counterfeiting  marks  or  brands 

For  non-payment  of  penalty  imposed  for  refusing  to  assist 

Of  police  otnoorfornou-pay'mentof  penalty , 

And  line  of  persons  found  guilty  of  misdemeanor 

Indictment:  Persons  making  seizures,  not  liable  to 

Information : 

Avcnnont  that  officer  was  duly  employed  to  be  sufiSoiont  proof  of  certain 
cases 

Pernons  authorized  to  search  on ; 

What  shall  be  sniiicient,  in  suit,  it.o.,  penalties  and  forfeitures 

Suit,  &o.,  brought  under,  for  the  Crown  to  recover  full  costs 

(xooils  seized  iu  certiUn  cases  to  be  condemned  without 

Summary,  in  writing  may  beexhibitedinnameofcoUeetor,  in  certain  cases. 

Distribution  of  seizures,  &o.,on 

Inspector  of  customs  ports:  Uas  power  to  administer  oath  and  receive  affirma- 
tion, &e 

Id  transit : 

Ooodsby  vessel,  for  other  ports,  how  dealt  with 

Goods  by  railway,  conductor  to  report,  itc 

Goods  merely  passing  through  other  country,  how  valued  for  duty 

Penalty  for  altering  marks  on  goods < 

Invoices : 

To  bo  delivered  to  collector  with  bill  of  entry,  &c.,  signed  by  pnrty  from 
whom  goods  purchased 

Piirticulars  of.  required  on  making  entry 

Collector  may  require  further  proof  by  production  of 

To  be  produced  to  the  collector 

liepresenting  cash  value  may  bo  added  to  by  collector 

Drawback  allowed  in  country  of  manufacture,  if  deducted  from,  to  bo 
added,  &.C 

No  deductions  from,  for  value  of  packages  allowed  on 

Not  being  obtiiinable,  sight  entry  may  be  made 

Certified,  must  be  produced  before  perfecting  entr^  except  in  certain 

00808 

To  he  attested  on  ooth  by  owner  of  goods •. 

Also  by  oath  of  importer  and  non-i'esident  owner,  &o. 

No  evidence  contradictor^'  to  invoice  to  be  received,  &n 

Party  making  or  authoriziug  false,  cannot  recover  any  part  or  price  of 
goods , 

Proof  of  existence  of  another  to  bo  evidence  of  fraud 

Penalty  for  presenting  false 

To  be  retained  and  filed  by  collector 

Certified  copies  or  extracts,  to  be  evidence,  &o 

Collector  or  appraiser  may  require  prodnction  of,  on  oath 

To  be.  produced  when  cilied  for  by  ooUeotor,  reseizuros,  Ac , 

Tixin:  No  allowance  or  duty  refunded  for  rust,  &o 

Interpretation  of  term« , 


Section. 


94 


102 
110 

112 

m 

117 
118 

119 

120 
121 

m 

m 

197 
214 
241 
247 

24 

153 
154 

ICO 
167 
174 
184 

187 
213 


171 
1T2 
193 
194 
198 
206 
213 


32 
33 
74 
101 


41 
41 
46 
49 
69 

71 
71 
80 

81 

82 

83,84 


96 

214 

S6 

4 


ection. 

SabM 
tiu. 

89 
S6 

;•• 

87 
99 



102 
110 



112 
114 
117 
118 



11)1 


120 

m 
m 

160 
197 
2U 
241 
247 

24 
153 
IM 

180 
167 

174 

184 
187 
213 


171 
172 

m 

194 
108 
206 
213 


88 

»2 
33 
74 
161 

41 
41 
46 

49 
69 



83,84 
8« 


01 
94 
93 
95 
96 
214 
56 
4 


BIGHTS   OP   AMERICAN    FISHERMEN.  389 

inaljiical  index,  pullish^d  by  the  cuatoma  department,  ^o.— Continued. 


Cnstoms  act,  46  Victoria,  cap.  12.. 


bctem,  wreck,  &c.: 

GowbflDbjecttodufy , 

I'enalty  for  uot  reporting > 

OfHcbcqncr  coiivt,  may  grant  writ  of  assistance 

Istoprocecluroin  snits,  &,o.,  for  recovery  of  penalties,  &c , 

May  issno  'vnrrant  for  arrest  of  defendant  about  to  leave  province 

Security  to  bo  given  to  satisfaction  of,  for  payment  of  costs,  &c 

Uay  ordor  delivery  of  articles  seized  to  owner  on  deposit,  &o 

Justice  of  peace  to  bo  a  judge  in  certain  cases 

Appeal  from  conviction  before,  &o..... 

Security  given  for  restoration  of  goods,  &o.,  to  be  approved  by 

To  certify  an  to  probable  cause  in  certain  cases,  resoiznres 

lodsiueiit: 

Courts  in  whai  cases  appeal  from,  may  be  allowed 

EiecatioQ  of,  for  restoring  goods,  &o. ,  seized,  not  to  be  suspended 

Upon  tlemurrer,  &o 

|mice  of  the  peace: 

MaratioDof  owner  to  bo  made  before,  and  attested  by 

Poniflty  recovcr.iblo  before  one  or  more 

I'enalty  recoverable  in  a  summary  manner  before  any  two,  for  countorfeit- 
iuE  marks  or  brands 

TlieirpoTTnr  to  senrch,  open,  examine,  or  detain  suspeited  packages 

I'lTialty  for  refusing  to  assist,  recoverable  before  any  two 

Omcer  to  make  oath  before,  as  to  reasonable  cause  of  search 

I'arty  to  be  searched  may  demand  to  be  brought  before  a 

Penalty  on  police  officer  for  not  obeying  section  183,  recoverable  before  one 


Proceedings  before  two  justices  of  the  peace  in  certain  cases.  Kotice  to 
parties,  &c , 

ila;  mno  warrant  to  collector  to  sell  goods  for  condemnation 

Appeal  from  conviction  before 

Evidence  by  affidavit  or  allinnation  may  be  made  before 

isding; 

Of  goods  by  vessel,  hours  and  places  appointed 

Of  goods  by  vessel  in  transit  to  other  ports,  conditions 

Of  poods,  &c.,  from  wrecked  or  stranded  vessels  before  entry 

Goods  may  bo  taken  to  warehouse  in  default  of  entry  and  landing,  &o 

Forfeiture  of  poods  for,  without  duo  entry 

Of  goods  may  bo  allowed  at  other  than  first  port  of  entry 

!  Of  goods  not  corresponding  with  report  to  be  forfeited 

i  Coaditions  for  making  claims  for  goods  lost  or  destroyed  before , 

i  Of  gooiln  on  bill  of  sight , 

'  Of  goods  to  be  done  in  manner  os  appointed  by  collector,  &c , 

lisper-es  connected  with  landing  ot  goods  to  be  borne  by  tho  importer 

I  C'rtificato  of,  lor  goods  exported  from  warehouse  required 

■  Ttion  what  evidence  of,  bond  may  be  canceled , 

Of  ships' stores  without  duo  entry,  to  be  seized,  &o , 

SiBuegJed  or  iirohibited  r.oods,  lia'bility  on  persojis  concerned  in 

h>f  goods  liable  to  forfeiMiro,  penally  on  persons  assisting 

fern:  Govenior  in  council  may  grant,  to  certain  vessels,  &o 

plemiip: :  VcsselH  may  bo  lightened  to  pass  over  shoals 

R  stuck,  io. :  May  bo  landed,  &o 


Section. 


kt ;  1  onalty  on  master  of  vessel  for  wilfully  opening,  &o 

strato;  Appeal  from  conviction  befbre 

May  be  giound  in  bond 

■Kt  value : 

J'.'!''';ofMloulati-.Sfair,  for  ad  valorem  duty 

"jaatsliall  be  deemed  fair,  for  ad  valorem  duty 

urankck  allowed  in  country  of  manufactiro  to  form  part  of  fair,  for  duty 
Mandmimbers:  r  •  j 

II  be  eivuu  on  requisition  for  removal  of  duty  paid  goods 

piu  kages  to  be  g'. von  by  master  of  exporting  vessel 

'  "MliV  for  altering,  defacing,  &o 

itnatyonmaster  for  wilfully  altering,  &o 

itnaityon  persons  connterfoitinf 

Iter; 


I  persons  counterfeiting. 


Jlranin;;orthe  tonii  (sec  Vessel) 

'iiaicttoappniilty  for  breaking  bulk,  &c. 
I  lyMiort  on  arrival  of  vessel  from  sea,  &o 


mrmsli  oflicor  boarding  vessel  with  copy  of  report  inwards 

T,inm,i','!."','''',T'"'?.','y '"''^•1  navigati<m  to  reportat  custom  hoi 

''  proUiicj  l!ili8of  lading  in  connectior  with  report , 

W,M  ?"",'"""'"*'  coEtentfl  unknown,  how  dealt  with 

'\  .m«  f     "."'-"''ns  Koods  witliont  report,  &.o 

ior  oli  T^  "'?''^  required  on  bills  of  entry 

,^/wiici  o|  V0SS.1  may  warehoimomirplns  Bt'>r08 


house . 


|''"i'.iel, 


permitted  to  unl.'ulo  gooiln  for  purpose  of  repairing. 


"» I,  may  make  entry  outwards  from  warohonso 


60 
61 

177 
101 
192 
202 
204 
20e 
208 
211 
216 

200 
2U 
228 


164 

167 

172 

174 

176, 170 

180, 181 

184 

200 
206 
208 
210 

16 

Si! 

35 

43 

44 

45 

48 

b8 

79 

133 

184 

137 

138 

140 

167 

162 

234 

SO 

30 

165 

208 

130-230 

68 
69 
70 

116 
141 
161 
166 
167 

4 
16 
25 
K 
27 
28 
31 
20 
39 
41 
60 
59 
13V 


SabMO- 
tion. 


390  RIGHTS   OF   AMERICAN    FISIIEEMKN. 

Analytical  index,  published  hji  the  customn  department,  <fo. — Continued. 


Customs  act,  iS  Victoria,  cap.  12. 


Master— Continacd. 

Of  vessel  to  mnko  entry  ontwards 

Of  vessel,  shall,  if  required,  auswor  quustioiis  uudoi'  doc'nratlon 

Penalty  on,  for  leaviuj;  without  cloarance,  deliTerinj;  taiaa  content,  adding 

to  cargo,  or  towing  other  voKsels,  &o.. 

The  word  "  master  "  shall  he  construed  ns  including  the  parser  of  any  steam 

vessel 

Of  vessel  subject  to  penalty  for  not  obeying  officer 

Liability  for  wilfully  akeiing  marks,  lodis,  or  seals,  or  secretly  conveying 

away  goods 

I'enalty  for  not  providing  suitable  accommodatiou  for  customs  oflicers 

Penalty  for  refusing  to  stop,  &o 

Of  vessel  valued  more  than  $400  and  not  complying  with  regulations, 

subject  to  penalty 

Mayor:  Attestation  of  invoice,  &c.,  may  bo  made  before 

!Meal:  Be^alationa  respecting  grinding,  &c.,  in  bond,  not  to  extend  to  the  sub- 

stitationof 

Measure:  AUowacco  for,  to  bo  fixed  by  governor  in  council 

Molado: 

Sul>joct  to  seizure  and  forfeitnre  for  enti-y  under  wrong  name 

Value  for  duty,  iiow  ascortained 

Military  and  naval  stores :  Governor  in  council  may  prohibit  exportation  of . . . 
Minister  of  customs : 

May  direct  where  vessels  entering  the  Great  Bras  d'Or  shall  report 

May  direct  as  to  disposal  of  samploo  taken 

Decision  of  commissioner,  with  approval  of  re  classing  of  sugars,  to  be 

final 

May  direct  disposal  of  goods  taken  for  the  Crown 

May  define  and  limit  kind,  quantity  and  class  of  goods  to  bo  delivered  as 

sliip's  stores 

May  revoke  "writ  of  assistance"  to  officers 

Entry  for  nolle  protequi,  with  reasons,  to  be  reported  to 

May  order  disposal  of  goods,  vessels,  vehicles,  &o.,  forfeited,  other  than  by 

public  auction 

Power  of,  re  distribution  of  penalties,  &p.,  and  remission  of  penalties  and 

forfeitures 

To  decide  re  go  ')ds  misdescribed,  as  being  exempt  from  duty 

Commissionor  to  report  to,  re  ovidonco  furnishecf 

Decision  to  be  binding  in  certain  cases 

Decision  of,  refused,  pro.:eeding  to  betaken 

Decision  of,  accepted,  but  4erms  not  complied  with 

May  elect  to  enforce  decision  or  order  safe  of  articles  seized 

Bonds  to  bo  valid  when  taken  with  sanction  of 

Form  of  bonds,  documents,  papers,  &c.,  to  be  at  direction  of 

Appointment  of  attorney  or  agent  to  be  valid  if  in  form  prescribed  by 

Misdemeanor : 

Persons  aiding,  &c.,  in  smuggling  goods  or  usingfalse  invoices,  &c.,  deemed 

gnilty  of,  how  punished • 

Persons  counterfeiting  or  using  counterfeit  papers,  &c.,  gnilty  of,  bow  pun- 
ished   

Officers,  &c.,  conniving  at  any  evasion  of  the  revenue  laws,  deemed  gnilty 

of,  bow  punished 

False  statement  in  solemn  affirmation,  punishable  as  perjury 

Misdescription :  Of  goods  on  entry  as  exempt  from  duty,  to  be  seized  and  for- 
feited   

Molaflses : 

Subject  to  seizure  and  forfeitnre  for  entry  under  wrong  name 

Value  for  duty,  how  ascertained ' 

May  bo  refined  in  bond 

■"Tolle  prosequi :  Attorney-general  may  enter  in  certain  cases 

Kon-ennmeiated  articles: 

Duties  on,  resembling  enumerated 

Similitude.  &o 

Notary  public : 

Attestation  of  invoice,  &c.,  may  be  mado  before • 

Declarationof  owner  to  be  made  before,  and  attested  by 

Fvidenco  by  affidavit  or  affirmation  may  be  made  before ' 

Note ;  For  purpose  of  deferring  duty,  not  to  bo  accepted 

Notice ; 

Of  claim  for  goods  seized  as  forfeited,  to  be  made  in  writing  within  a  certain 

time 

Want  of,  not  to  stay  proceedings 

•   Of  proceedings  for  condemnation  to  bo  posted  up,  and  where 

Olaims  not  presented  within  one  month  from,  judgment  by  default 

Of  intent  to  claim  where  value  does  not  exceea$100 

Of  sale  by  auction,  to  bo  made  public 

Of  action  to  be  given  for  auy thing  done  under  this  act 

Officer  receiving,  may  tendisr  amends  and  plead  such  tender  in  bar 

Numbers,  &o. : 

Of  packages  to  bo  giveil  on  requisition  for  removal  of  duty-paid  goods 

Of  packages  to  be  given  by  masterof  exporting  vessel 


143 

\:,\ 

103 

105 
100 
174 

236 


130 
04 

76 

77 

233 

62 
05 

75 
104 

140 
177 
105 

212 

213 
217 
220 
221 
222 
223 
224 
230 
244 
248 


153 

108 

187 
238 

217 

76 
77 
131 
195 

« 

7 


219 
126 


198 
190 
200 
201' 
200 
212 
226 
2S7 

115 
141 


RIGHTS   OF   AMERICAN   FISHERMEN.  391 

Analytical  index,  pulliBhed  hy  the  ouatoma  department,  4'0- — Continnod. 


Cuatoma  act,  40  Yiotorl  ,  cap.  12. 


lOithn 


iDcliidi'H  ckclutntiou  and  affliination 

Declaraiinii  by  mnstDf  aH  t«  unloading  of  gooda,  &o 

MiiKter  sball  »ul)8cribo  aUidavit  r«  his  report 

Collector  may  require  further  proof  by 

(if  uuo  or  nio'ro  witneasoa  roquii'ed  as  i)roof  for  goods  lost  or  destroyed  be- 
fore laudiii).' - 

Declaration  OH  to  deduction  of  tare  from  gross  weight  of  goods,  &o 

(Htliof  otlicetobo  tiikon  by  appraiser .' 

(htJi  <if  ollico  iii>t  ueceasory  by  appraisers  aout  from  one  port  to  another,  &o 

Tdliotttk'  iil)y  importer  ou  bill  of  sight 

Juvoicee  .obi'' attested  on  oath  of  importer,  &o 

AuvofowuiMs,  importers,  &c.,  cognizant  of  facts  may  take 

liivicMtobo  att<'«ted,  &c.,  i)y  owner  and  non-resident  owner,  &c 

May  bu  taken  by  curator,  executor,  administrator,  or  aealgneo,  in  certain 


Itiforo wlioiii  mfty  betaken , 

(ioveinor  in  council  may  appoint  additional  ofiicera  to  administer  oath  and 
rcceivo  ntlimiatiun  or  declaration,  and  may  relax  or  dispense  with  certain 
liiovl»uing,  re 

No  pel  sou  but  owner  to  take,  except  in  certain  cases 

Pi!(iaration  of  owner  to  bo  kex)t  by  collector.— Penalty  for  false  statement. 


Written  declarations  may  bo  dispenaod  with  by  governor  in  council  iu  cer- 
tain canes  

Uovcniorin  council  may  alt-er  form,  &o 

(,'ollector  or  appraiser  may  examine  upon  penalty  for  false  re  value  of  goods . 

Penalty  for  false  re  value  of  goods 

Kiirfciluro  of  all  packages  and  i>oods  ou  entry  for  false 

.Allidavit  by  luaater  or  owner  re  ships'  stores 

Master  of  vessel  to  make  declaration  with  report  outwards 

Muster  uf  vessel  shall,  if  required,  answer  questions  under  declaration 

Owners,  shippers,  or  consignors  to  give  verified  entry  for  goods  exported 
by  vessel 

(Jsuors,  shippers,  or  consignors  to  give  verified  entry  for  goods  exported 
liy  railwf.y  or  other  land  conveyance 

Declaration  required  by  agent  milking  entry  outwards 

False  swearing  to  ho  perjury,  liability  for ' 

To  be  made  bv  officer,  that  reasonable  cause  is  given  for  search,  &c 

Collector  or  oificcr  to  make,  on  searching  certain  buildings,  &c 

Affidavit  to  bo  made  for  arrest  of  defendant  about  to  leave  province,  &o. . . 

IJedaration  re<)uired  in  suit,  &c.,  for  recovery  of  penalties  and  forfeitures. 

Affidavit  of  claimant  lo  accompany  claim  after  proceedings  for  condemna- 
tion have  coumienced 

Evidence  by  aflidavit  to  be  furnished  in  certain  cases  or  by  afiirmntion 

Governor  in  council  may,  by  regulation,  require  oath  or  declaration  iu  cer- 
tain cases 

AHlnimtiun  may  be  made  instead  of  oath  iu  certain  cases,  punishment  for 
false  statement 

lUqiiired  of  consignee,  may  be  taken  by  attorney  or  agent 

[Obstraetlnjr: 

Officer  in  searching  for  smuggled  goods,  liability  for 

I'linisliiuent  for  obstructing  officer,  &c 

I  Officer; 

Means  officer  of  cnstoms 

Of  railway  or  express  company,  snl^jcct  to  a  penalty  i'or  aiding  in  unlawful 
importations 

May  board  vessel  within  3  miles  of  anchorage 

May  demand  bills  of  lading  and  ask  qnestious 

May  open  and  examine  suspected  packat);es,  &o 

May  permit  landing  of  goods  from  wrecked  or  stranded  vessels  before 
entry,  &c 

Hay  giant  permit  for  conveying  goods  farther  into  Canada  if  required 

May  convey  goods  to  warehome  in  default  of  entry  or  pay niiiut  of  duty 

Miiy  open  and  examine  packa^^s,  contents  unknown  to  importer,  &c.'. 

May  opeu  and  examine  packages  not  correhponding  with  report,  entry,  &c. 

Duty  of,  reexamination  and  assesinent  of  damage  to  goods 

Authorised,  may  administer  oath  to  witness  re  goods  lost  or  destroyed  be- 
fore landing 

'Jutyofredeductionfor  value  of  packages 

May  allow  goods  to  be  hinded  on  bill  ot  sight  on  deposit  anfflclent  to  cover 
dulv 


lijinusto,  for  dilligence  re  goods  taken  for  the  Crown 

May  brand  or  mark  duty -paid  goods 

To  grant  permit  'lortifyiiig  tliat  duties  have  been  paid  f.)r  removal  of  goods, 
May  » low  owner  to  suit,  icpack,  and  tjiko  samples  of  goods  in  warehouse  . 
May  allow  removal  from  one  warehouse  to  another,  or  from  one  warehous- 

iiig  port  to  another  under  bond,  &,o 

May  allow  goods  entered,  to  pais  to  another  wiirohoiisiiig  poit,  under  bond 
locntertrausiierainabookbtptforthat  parpo«e.... 


4 

27 
28 
46 

68 
64 
CO 
67 
70,80 
82 
83 
84 

85 
87,88 


88 


90 

90 

91 

06 

U8 

1U9 

140 

141 

143 

145 

146 

160 
169 
175 
276 
102 
103 

201 
21U 

232 

238 
247 

180 
180 


24 
26 
28 
31 

35 
42 
43 
47 
48 
55 

58 
72 

79.80 
105 
114 
115 
118 

119 
120 
121 


SabMO' 
tion. 


i] 


392  RIGHTS   OP  AMERICAN   FISHERMEN. 

Analytical  index,  published  hj  the  customs  department,  4'C. — Continued. 


Caatonu  act,  46  Yictorla,  cap.  12. 


8nW 

tloa 


Officor— Continned. 

May  admit  of  now  security  to  be  plven  by  the  bond  of  new  owner,  that  of 

nri^inal  )>ond«rmay  bo  caucclod. 

May  itUl  for  dnty  or  waroliouHe  rent,  goods  in  warehouse  over  two  years. . . . 
Not  to  accept  any  bond,  note,  or  other  docnmont  for  purpose  of  avoiding  or 

doforring  payment  of  dnty 

Ponalty  on,  for  allowing  payment  of  duties  to  boavoidod  or  deferred 

(joods  cntorod  to  bo,  bi'C  riot  warohonsod,  taken  out  for  exportation  and 

rolanded,  &c.,  without  permlHslon  of  olBcor,  to  be  seized  and  forfeited  — 
TJuahipplng,  landing,  and  carrying  of  goods  to  be  done  inmanner  appointed 


by. 


Security  by  l)ond  for  exportation  from  warehonse  to  bo  approved  byproper. 

Upon  what  evidence  bond  may  l)c  canceled  by 

May  deliver  warehoused  goods  as  ship  stores 

To  require  from  master  of  vessel  entry  outwanls 

Master  of  vessel  to  answer  all  questions  by 

To  recoivo  entries  outward  verified  by  oath  before  granting  clearance 

Not  to  allow  cars  or  vehicles  to  leave  port  or  limiba  without  payment  of 

export  duty 

May  renitire  statistical  information  of  eoods  exported  or  removed 

May  call  upon  master  of  steam  vessels  tc  answer  question  r«  report  by 


purser . 


Forfeiture  of  goods  landed  without  permission  of 

Penalty  for  opening  warehouse  without  permit  from  proper 

Liability  for  gaining  access  or  delivering  goods  from  bonded  railway  car 

without  permit  from  proper 

May  board  vessel  found  hovering  and  bring  to  port 

M  ay  board  and  have  freo  n  ccess  to  every  part  of  vessel 

May  be  stationed  on  board  any  ship 

May  ask  certain  questions,  pimolty  on  persons  refusing  to  answer,  &o 

Employed  in  cuntoms,  to  bo  deemed  employed  for  prevention  of  smuggling. 


&o. 


Power  of,  to  search,  open,  examine,  or  detain  suspected  packages 

May  call  upon  porsous  to  assist,  not  liable  to  prosecution,  in  certain  oases.. 

May  call  ou  master,  driror,  conductor,  &c.,  to  assist  under  penalty 

Power  of,  to  enter  buildings,  yards,  &o 

How  search  shall  be  mado  by 

Duration  of  wnt  of  assistance  granted  to 

Powers  of,  under  authorit  y  of  wilt  of  assistance 

Power  to  search  persons,  &o 

May  be  required  to  take  persons  beforea  justice  of  peace,  &c.,  for  purpose 

of  search 

Subject  to  penalty  for  searching  without  reasonable  cause 

Pnnislvraenton  persons  for  assaulting,  obstmctiug,  or  resisting,  &o 

(Jouniviug  at  any  evasion  of  the  revenue  laws,  penalty 

Au>horize<l,  may  sue  for  penalties,  &c 

In  chargo  of  any  revenue  vessel  making  seizures,  to  retain  the  same  on 

i)oard  until  arrival  in  port,  (fee 

Distribution  of  seizures,  &c 

May  call  for  certain  books,  papers,  &c.,r«  seizures 

To  report  to  commissioner  of  customs  all  seizures  or  detentions,  and  penal. 

ties  and  forfeitures  incnrrSd 

Notice  of  action  to  be  given  for  anything  dono  by,  under  this  act 

May  tender  amends  and  plead  such  tender  in  bar 

To  require  written  authority  to  net,  from  persons  transacting  business  for 

others,  their  acts  then  binding 

Onus  proband! : 

Of  duo  entry  on  whom  to  lie 

That  notice  was  given,  to  lie  on  persons  claiming 

Packages : 

Contents  not  known,  may  be  opened,  &o , 

Marks,  numbers,  and  contents  required  in  bill  of  entry 

Not  correspondmg  with  report,  how  dealt  with .' 

No  allowance  for  stains,  rust,  <fec.,  to,  holdin';  liquids 

Dniaden  for  repairs  to  vessel,  how  dealt  witU 

I^edoctions  for  value  of,  not  allowed 

Kntored  on  bill  of  sight  may  bo  landed,  examined,-  &.O.,  at  expense  of  im- 
porter  

Collector  may  take  any  whole  package,  or  soparuto  and  distinct  parcel,  or 

whole  goods  mentioned  in  entry  for  tlie  Crown 

(Iidlector  may  cause  a  cert-ain  number  in  every  entr.y  to  be  opened,  &o ' 

Containing  goods  not  mentlonrd  <m  invoice  or"  entry,  subject  to  seizure  and 

forfeiture 

Goo<l8  mentioned  in  entry  subject  to  forfeiture  for  willfully  false  oath 

Delivered  to  importer  before  examination,  provision  as  to 

Doliyercd  without  examination,  shall,  if  required,  bo  retumotl  to  custom- 

hotis(>.  &c , 

May  be  abandoned  for  duty 

Quantity,  <to.,  that  may  bo  taken  out  of  warehouse  at  ono  time 

Jdaater  io  give  marks  aud  numbers  of^  by  exporting  vessel 


123 
123 

126 
127 

128 

13i 
187 
188 
140 
141 
142 
145 

14t 
148 

151 
157 
159 

IGO 
163 
165 
166 
170 

171 
172 
173 
174 
175 
176 
177 
179 
180 

181 
181 
186 
187 


213 
214 

218 
226 
227 

246 

113-197 


31-47,48 
41 
48 
56 
50 
71 

79 

•  103 
106 

107 
109 
110 

111 
124 
133 
141 


RIGHTS   or   AMERICAN   FISHERMEN.  393 

Analytical  Index,  published  by  the  customt  department,  ^o.— Continued. 


CuBtoma  act,  40  Viotoria,  cap.  12 


Pictseog— Conttauwl. 

Exported  from  warohouso  must  agree  with  entry  inwards 
PcDHlty  for  iilterinp,  ilofacinft.  Sea.,  marks  on 


May  be  broken  opi'ii  ill  certain  cases, 
racking:  No  dodiictiou  allowed  for  cliargos  for  straw,  twine,  conl,  paper,  cord- 

'  iDC  wiring,  or  cutting,  &o.,  iisod  iu 

I'M  tner:  Any,  may  execute  bonds,  &o.,  without  mentioning  namej  of  the  other 

I'artuersbip :  Any  partner  in,  or  authorized  attorney  or  agent,  may  execute 

boDila,  &c.,  witbont  mentioning  names  of  the  other  members 

Penalty  (see  forfeitures  or  seizures) : 

Currency  in  wh icU  must  be  paid 

Most  be  paid  to  receiver-general 

A  debt  to  Hor  Majesty,  how  recoverable  with  costs 

Mauler  subject  to,  lor  breaking  bulk,  &c 

Ou  persons  carrying  goods  past  oustom-honso,  or  removing  the  same  A'om 
place  uppointe<)  for  examination,  &.0 

Ou  master,  &c.,  of  vessel  for  entering  other  than  a  port  of  enti  y 

Uu  conductor  or  other  officer,  &c.,  of  railway  for  aiding  in  unlawful  impor- 
tations'  

Onollicers,  &c.,  of  express  company  for  aiding,  &e.,  in  unlawful  importa- 


tions. . 

Masters  of  vessels  subject  to,  for  false  report^  <feo 

Oil  conductor  for  false  report,  or  refusing  to  answer  questions , 

For  violation  of  coasting  regulations 

On  lua-ster,  and  forfeiture  of  goods  unladen  wivhout  report,  or  untme,  &c. .. 

On  peiaons,  and  forfeiture  of  goods  laden  without  due  entry 

On  person  having  in  his  possession  goods  dereliot,  flotsam,  Jetsam,  or  wreck 

witbout  reporting,  &.C 

For  false  declaratiou  on  entry 

For  false  invoice 

For  refusing  to  attend  and  testify  before  collector,  appraiser,  &o 

For  false  swearing  r«  value  of  goods 

On  person  refusing  to  act  in  appraisement 

For  refusing  to  return  goods  delivered  without  examination  when  requested 
On  collector  or  officer  for  allowing  payment  of  duties  to  be  avoided  or 

deferred 


For  entering  from  warehouse  for  exportation  and  not  being  owner  or  au- 
thorized. 


For  leaving  without  clearance,  delivering  false  content,  or  not  truly  answer- 
ing questions 

For  sending  goods  liable  to  export  duty  without  payment  of,  &c 

For  refusing  or  neglecting  to  make  report  and  entry  outwards 

Ou  purser  for  untrue  report,  &c , 

On  person  smuggling  goods,  using  false  invoices,  &o 

For  uiTeriiig for  sale  goods  represented  as  being  smuggled,  prohibited,  &c-, 

For  knowingly  harboring,  concealing,  buying,  soiling,  &o.,  smuggled 
goods 


Fur  hiring  persons  to  assist  in  smuggling 

On  persons  concealing  or  unlawfully  removing  warehouse  goods 

For  fraudulent  access  to  warehouse *; 

For  defacing  or  altering  murks  on  goods  in  warehouse  or  in  transitu , 

For  assisting  in  landing  goods  liable  to  forfeiture 

On  master  of  vessel  hovering  in  British  waters  and  not  complying  with 

directions , , 

On  persons  proved  to  have  been  on  board  vessels  smuggling 

On  master  of  vessel,  for  breaking  hatches,  &c.,  or  concealing,  or  secretly 

conveying  away  goods 

Qa  master  of  vessel  for  not  providing  for  accommodation  of  customs  officer. . 

On  pcreon  soiling,  using,  or  counterfeiting  customs  marks  or  brands 

For  connterieitiug  or  using  counterfeit  papers,  &o , 

On  persons  refusing  or  not  truly  answering  lawful  questions 

On  persons  refusing  to  assist  officer , 

For  obstructing  or  resisting  officer  searching  for  smuggled  goods 

On  officer  searching  without  reasonable  cause 

On  police  olDcor  for  not  obeying  section  183 

On  officers  conniving  at  auy  evasion  of  the  revenue  laws,  and  on  persons 

bribing  same 

In  wlial courts  recoverable  if  nuder  $200  .'. .'...'.'. ... 

Oovemor  in  council  may  regulate  distribution  of 

On  persons  refusing,  &c.,  to  produce  certain  books,  papers,  &c.,  respecting 

goods  seized ....: T 

InciuTcd,  to  bo  reported  to  commissioner  of  oas'toms " 

lereons  liaving  incurred,  to  furnish  evidence  by  affidavit  In  certain  cases.. 

Deoiflion  of  minister  to  be  binding  re 

tnlorcemtnt  of,  on  refusing  decision  of  minister 

MIorcemciit,  for  noncoinuliiince  with  minister's  decision , 

ftnt  paid,  alter  accepting  decision  of  minister,  how  recoverable 

iiovemor  ill  council  may  regulate  distribution  of. 

torcontravoution  of  any  regulation  by  governor  In  council 


Section. 


140 
161 
170 

73 

248 

248 

12 
14 
16 

le 

20 
22 

24 

24 

29 
33 
37 
39 
.44 

61 
90 
94 
96 
97 
101 
112 

127 

130 

143 
140 
147 
151 
153 
154 

155 
157 
158 
150 
101 
102 

163 
164 

105 
100 
167 
168 
170 
174 
180 
181 
184 

187 
188 
213 

215 
218 
219 


223 
225 
230 
235 


Snbaee. 
tlon. 


IS 


804  UIOHTS   OF   AMERICAN   FISHERMEN. 

Analytical  index,  published  hy  the  ouatom$  dt^artment,  <f'c. — Continned. 


Customs  act,  40  Viotofia,  cap.  12. 


8nbM(. 
tioo. 


Pori8bAl)lo ! 

Arr.lclr.g,  4.O.,  mny  belauded  from  vessel 

Articles,  ice,  may  be  sold  or  doliverod  on  doposit 

I'orjury: 

KiiIho  ontb,  ntTlrroation,  or  doclaratiou  d«em«d,  bow  pnuisbablo 

FiiIhb  stutuniunt  in  solemn  aftiiniation  nnnisbab.<o  as 

rtirniit: 

May  bp  granted  for  conveying  goods  further  into  Canada 

May  be  grautrd  for  wamlioiising  surplus  stores  of  vessels 

For  removal  of  duty-paid  gootls,  t  o  be  graut^d 

(idoils  tal<t'n  out  ofwaroliouse  without  lawful,  to  bo  seized  and  forfeited 

Liability  for  opening  warehouse  v;ithout  proper 

Liability  for  gaining  access  or  delivering  goods  from  bonded  railway  cars 

without  proper 

Toliou  umgistratcs : 

Party  to  bo  searched  may  demand  to  bo  brought  before  a 

AihI  with  all  n^asonable '  dispatch 

reniilty  on  police  olUcor  recoverable  before  a 

Police  olHccr: 

Dotauiing  goods,  &c.,  to  bring  the  same  to  the  custom-house , 

May  take  smuggled  goods,  &o.,  stopped  on  suspicion  of  being  stolen,  to 
poliooollice 

Penalty  for  neglecting  to  convey  detained  goods,  &o.,  to  custom-house  — 
Porta 

Plaoos  where  vessels  or  vehicles  may  discharge  or  load  cargo 

Places  of  entry,  may  bo  appointed  by  governor  in  ciuncil 

Vessel  and  goods  forfeited  for  entering  other  than  a  port  of  entry,  except 
in  certain  cases 

(looils  forfeited  and  vessel  seized  for  entering  other  than  a  port  of  entry, 
except  In  certain  oases 

Vessel  to  report  inwards  on  arrival,  &c 

Of  entry  to  be  furnished  with  sugar  standards 

Of  entry,  collectorjmay  pay  lair  freight  and  charges  to,  re  goods  taken  for 
the  crown  .  

Permit  certify  ing  that  duty  has  been  paid  to  be  granted  fer  removal  of  goods 
from  port  of  entry  to  another 

AV  hat  shall  bo  regarded  as  warehousing  ports ' 

Goods  may  bo  entered  at,  for  exportatwn  or  warehouse,  without  payment 

of  duty 

.  Uoods  may  be  entore;'  at  frontier,  and  passed  to  another  warehousing  port, 
under  bond 

Contents  by  vessel  bound  to  Canadian,  required  

Vessel  leaving,  without  clearance  or  delivering  false  content,  subject  to  a 
jKinalty 

Uailway  cars  or  vehicles  not  pesinitted  to  leav^e,  without  payment  of  export 
duty,  &c 

''ollector  of,  may  grant  bills  of  health 

Vessels  found  hovering  may  be  brought  to  by  officer  hoardinfr 

Odicer  may  bo  stationed  on  hoard  any  ship  or  vessel  while  within  limits  of 

(rovernor  in  council  may  make  regulations  for  appointing  ports  of  entry, 
warehousing  and  bouding  ports 

Time  of  im  portation  defined^ 

Pro<;eods : 

Vutm  sale  of  animala  or  perishable  articles  to  be  deposited ^to  credit  of  re- 
ceiver-general   

Appropriation  and  distribution  of  forfeitures 

l<'rom  sale  of  goods  for  noncompliance  with  minister's  decision,  and  not  suf- 
ficient to  cover  penalty,  &c.,  defloiency  how  recoverable 

ProbibiUid : 

tioods  offered  for  gale  and  represented  as  being,  subject  to  seizure,  &c 

I'enalty  on  persons  concerned  in  unshipping,  landing,  and  carrying  of  gomls. 

(Joods  if'imnd  on  vessels  hovering,  to  be  forfeited,  together  with  vessel,  &c.. 

OBJcer  Seizing  goods  may  call  for  assistance 

I'owor  of  officer  to  searcu  persons  on  suspicion  <rf  secreting  goods,  &o 

Proof:  Averment  as  to  place  where  any  act  was  uone,  to  be  sufllcieut 

Prosecution : 

Officer  calling  for  assistance  on  reasonable  suspicion,  not  liable  to 

For  penalties,  &o.,  in  what  courts  may  be  brought 

And  in  whose  name 

How  suits  or  proceedings  for  recovery  of  penalties  may  be  brought  in  the 
Province  ot  Quebec 

I'mi-eduro  in  suit  for,  in  the  several  courts 

IJetbudant  about  to  leave  province  where  suit  for,  is  brought,  may  be  ar- 
rested  

For  penalties  and  forfeitures,  what  shall  be  suiBoiont  averment 

For  the  Crown  to  recover  full  costs  of  suit 

Avui'ment  as  to  place  at  which  any  act  was  done  to  be  sufficient  proof,  &o 

liurden  of  proof  to  lie  on  owner  or  claimant  of  goods,  &o 

Want  of  notice  not  to  stay  proceedings  for 

Prosecutor  choosing  to  proceed  aft-er  notice  of  intent  to  claim,  &o 


205 

109 

'238 

42 
SO 
115 
128 
169 

160 

180 
181 
184 

182 


184 

4 

17 

21 


25 
75 

103 

115 

no 

117 

120 
142 

143 

140 
152 
163 
166 

230 
23S 


206 
213 

324 

164 
157 
163 
173 
180 
196 

173 
188 
180 

190 
101 

102 
103 
194 
196 
107 
199 
206 


KiaHTS   OP   AMEEICAN   FISHERMEN.  395 

Analytical  index,  publUhed  by  the  customs  department,  >f-o. — Continued. 


CaHtomB  aot,  40  Ylotorio,  cap.  12. 


ITo«MiitIoii-Cont|nno<J.   ,  ^  _,       . 

LimlUtliinot  timoforbHnpng,  &o 

Judgment  fiivwi  for  oluimmtt 

Criminal  for  fiil»o  decliirntlon  on  ontrv 

ForfoiirteifoitiiiK  or  usinu  coiiiiterU'lt  pniKirs,  &c 

Kor  false  HweariiiK 

Kur  rol'uHin;;  or  net  tnily  niisworluK  lawful  queHtiuua 

Kortnklunawny  Heized  floods... 

Yo;-  oiut'iult  iiiR.  rcsistlDK,  or  obHtructio);  ofllcora 

( If  p«riioii8  )jii illy  "f  f«l<»ii.V 

F(ir  iHlne  Ht.itnniont  In  Holumn  nfBriuatiun 

piiifNir  of  veaHi'l  I 

To  fiirui»li  ollii'or  lioanllnc  vossol  with  copy  of  report  inwards 

May  iiiiiko  voiiorUi  iuwardnnrt  uiitwnrd,  puiinlty  for  untrue 

Uuiiiilil.V,  &>' :  ,    ,  ,„    ,      , 

TolioBlwiiyHRlvoiiin  lilll  of  entry 

UiitioH  payiiblq  iu  nil  canes  on  quantity  uud  value  as  stated  on  at  entry, 
SiC '. ■ 

01'  Koo*'"  "int  may  bo  takon  out  of  warohouso  at  one  time  for  removal,  ox- 
portatiou,  or  homo  consumption 

To  liii  »i)C<'ifipd  for  poodc  exi>i)rto<l  by  vosscl 

AUoby  liiilwny  or  otUuv  land  convoyonco 

Map  be  required  Of  poods  exported  i'or  HtatlHticai  information 

Oiicoti :  I'runlty  on  porsons  riifiiniiig  to  asHist  when  called  in  name  of  tbe 

QiicsliouH :  SlaHter  of  voHsel  to  answer  all  re-carno,  crew,  voyage,  Ac 

Master  of  vohbcI  aid  otbers  subject  to  a  penalty  for  not  truly  answering. 


Slc. 


Agent  malting  entries  outwards  to  answer  all 

Master  of  stoani  vokscI  may  be  called  to  answer  re  reports  made  by  purser 
K^iilKay: 

(y'ar  to  be  iletaclicd  from  train  and  forfeited  if  used  in  unlawfully  import- 
inn  gootln 

Ciooils  arriving  by,  may  be  stored  lO  sufferance  warehouse 

Condnctorof  train  witli  freight  to  report 

I'articulars  of  ontry  outwards  by 

Lial)ility  for  gaining  access  or  delivering  goods  without  permit  from 

bonded  car 

Ki  oeivergenornl : 

DiiticHof  cimtonismust  bepaidto 

lU'iiositsniaile  tor  delivery  of  articles  seized  to  be  paid  to 

liaiik  iu  which  deposits  are  made  to  credit  of,  must  be  chartered 

Iluceiver  of  wreck,  authorized,  may  permit  landing  of  goods  from  wrecked  or 

fltranded  vessels,  &o 

K'  rnsnizance,  with  two  sureties  may  bo  given  on  appeal  from  conviction 

llifiiiidof  duty : 

On  gowlH  damaged  on  voyage  by  water,  &c 

On  gooils  damaged  during  course  of  transportation  by  land 

I'oi  ni»t  on  iron  or  steel,  or  manufactures  of,  not  allowed — . . 

On  goods  lost  before  landing 

Ud  importations  for  special  purposes,  &o.,  may  be  regulated  by  governor  in 
connoill ". , 

Overpaid,  not  allowed  after  throe  years,  except  in  certain  oases 

Not  granted  after  lapse  of  fourteen  days 

RejisKT  certiticato,  must  be  on  board  importinp'  vessel 

Kecnlationa.    (See  Governor  in  council.) 
Ki'inoval : 

Of  g(H)da  fVom  place  appointed  for  examination,  liable  to  seizure  and  for- 
feiture  

I'lrniit  may  be  granted  for  removal  of  duty-paid  goods  from  port  of  ontrv 
to  another , ". , 

Quantity  of  goods  that  may  be  taken  out  of  warehouse  at  one  time  for 

Statistical  information  may  be  required  re  removal  of  goods,  &c 

(iood«  forfeited  if  removed  unlawfully,  and  all  goods  of  saiuo  importer  lia- 
ble 


Boction. 


Of  goods  liable  to  forfeiture,  penalty  on  persons  assisting  in,  &c. 


Itent 

And  other  charges  on  goods  taken  to  warehonao  for  want  of  entry,  &c.,  to 
1)0  borne  by  the  owner 

floods  over  two  years  in  warehouse  may  be  sold  for,  &c 

or  warehouse,  &c.,  to  be  borne  by  the  importer 

.Rppiiirs,  RowlH  sold  for  repairs  to  vossol,  subjeot  to  duty 

Ypeal.  of  fonner  acts,  &c 

jiflioriing  fees  from  vessels  in  certain  cases 

lioimitsinward ; 

Musi  Iwni.idi!  by  master  of  vessol  arriving  from  nra 

<'"py  of.  to  ho  fiirnisiied  oflicer  boardin ?  vessel,  fcr..   

Must  be  made  by  master  of  vessel  arriving  by  in  land  navigation 

Master  Hliall  subacribo  aflldavit  r« 

Penalty  ou  master  for  untrue „ 


207 
216 

00 
108 
180 
170 
185 
180 
180 
238 

20 
161 

40 

1.32 

13.5 
145 
140 
148 
174 
142 

143, 103 
15U 
151 


24 

32 

33 

140 

100 

14 

204 
205 

115 
208 

53 
54 
.'iO 
58 

78 
240 
241 

38 


20  and  134 

115 
135 
148 

l.'iS 
lOj 


43 
123 
\Si 

r>!) 

3 

2:!4 

20 
26 
27 
28 
SB 


Subioo* 
tion. 


Rec. 
170. 180 


300  RiailTS   OP   AMERICAN   FISHERMEN. 

Analytical  index,  pulliahed  hj  the  cuaioma  department,  «fo. — Continued. 


Castuma  act,  46  YictorlA,  cap.  12. 


Uoportj)  Inward— (/Ontlnjied. 

Of  vohhvIh  arriving  with  coods  iu  transit  to  other  porta 

(!oii<liirtor  of  railway  tram  to 

Vvlilrlo  airiviiif;  by  iund  with  ifoodg  mtiat 

Of  liciodH,  &<!.,  lamk'd  uftur  buHlunSH  boura,  to  bu  made  at  UrHt  oponlug  uf 

ciml  um-lioiiHi) 

ITorfHiluru  uf  coodg  and  penalty  ou  loiiater  for  nulailini;  of  goods  without, 

&.0 

■    (iDodHnut  coiTPHpondinjj  with,  to  beforfuittid 

Mtiy  be  iiiadtt  Ity  purHur  of  steamer 

Reports  outwards: 

.    Poiinlt.y  for  vessel  adding:  to  cargo,  towing  otlior  vosboIb,   Slc,  without 

nicntioiilug  on 

I'eunlty  for  rolusingor  neglecting  to  make 

May  be  iiiudo  by  purser  ot  steamer 

ISnslstiug: 

Otiicer  in  senrciilng  for  smuggled  goods,  liability  for 

Punishment  for  resisting  otUcor,  &c 

Revenue : 

Net  proceeds  of  sale  of  goods  taken  for  the  Crown  to  bo  first  applied  to  re- 
payment to  cimsolldiited  ntvenne  fund,  &e 

Collector  or  ])ropi!r  ofllcer  may  cause  a  certain  number  of  packages  in  every 

invoice  or  entry  to  be  sent  for  examination  for  protection  of 

Duty-paid  goods  to  be  branded  or  stamped  for  protection  of 

I'enall  y  and  forfeiture  for  smuggling  goods,  or  using  false  invoices  to  de- 
fraud  

Ofllcers  employed  in  customs  to  bo  deemed  employed  for  protection  of 

Reward:  Governor  in  council  may  order  as  a,  to  officers,  part  proceeds  of  sales 

of  goods  taken  lor  tlie  Crown 

Royalty :  Payable  upon  patent  rights,  &c.,  no  deduction  allowed 

Rummage:  Uf  vessels,  &o.,  on  suspicion 

Russia  iron:  Polished,  allowance  for  rust 

Kale: 

Of  goods,  derelict,  wreck,  Sec,  as  unclaimed,  for  duty,  &o 

Of  goods  taken  for  the  Crown,  how  net  proceeds  are  to  applied 

Of  goods  taken  for  the  Crown,  part  of  surplus  may  bo  paid  to  ofllcers  con- 
cerned   

Of  packages  abandoned  for  duty  and  charges 

Of  goods  forfeited  to  be,  by  public  auction,  if  not  otherwise  directed 

Samples : 

ilay  be  taken  by  collector  or  appraiser,  and  disposed  of  as  directed  by 

m  inister  of  customs 

May  lie  taken  by  importer  from  goods  in  warehouse 

Seal:  I^onalty  on  master  of  vessel  for  willfully  breaking,  &.o 

8<-areh : 

Of  vessels,  vehicles,  &o.,  on  suspicion 

Ollicer  calling  for  assistance  to  search  on  reasonable  suspicion  not  liable  to 

prosecution 

On  suspicion  in  certain  buildings,  i&c.,  oath  to  be  taken,  &c.. 

Powers  given  for  effective,  by  day  or  night 

I'ower  of  oHlcer  to  seaich  persons,  &o ; 

Penalty  ou  otlioer  for  searching  without  reasonable  cause 

Security : 

Given  for  goods  entered  under  false  invoice  not  recoverable 

To  bo  given  to  pay  costs  before  filing  claims 

Claims  under,  and  not  presented  within  one  month  from  notice,  jndgmont 

by  default , 

Not  required  if  brought  by  the  Crown 

To  bo  given  and  approved  for  restoration  of  goods,  &c.,  seized  and  under 

appeal 

Soizurea: 

Of  goods  carried  past  custom-house  or  removed  from  place  appointed  for 

examination 

f  )f  a  vessel  for  entering  other  than  a  port  of  entry 

Of  goods,  &c.,  unlawfully  Imported  by  land 

Of  goods  unlawfully  imported  by  railway,  and  car  to  be  detached  from 

trains,  &c 

Of  gomls  found  ou  board  vessel,  or  landed  and  not  reported 

For  violations  of  coasting  regulations 

Of  goods  unladen  without  report,  or  untrue  report 

Of  goods  and  penalty  on  persons  concerned  in  landing,  &c.,  without  duo 

entry 

Of  goods  not  corresponding  with  report,  conveyed  beyoid  port  of  entry 

misdescribed 

Of  gooils  derelict,  flotsam,  jetsam,  or  wreck  not  reported,  &c 

Of  Crown  or  exempted  goods  sold  without  entry  or  payment  f.f  duty 

Of  sirups  entered  under  wrong  names 

Of  goods  for  false  stat<^raent  iu  declaration 

Of  goofis  and  penalty  for  presenting  false  invoice 

Of  goods  for  false  swearing 


32 
33 
34 

3C 

39 
48 
151 


143 
147 
161 

180 
180 


104 

106 
114 

153 
171 

105 
71 

172 
56 

02 
104 

105 
124 
212 


65 
118 
165 

172 

173 
176 
179 
180 
181 

92 
202 

203 
210 

211 


SnliiM. 

tiOD. 


RIGHTS   Oi'   AMERICAN   FISHERMEN.  897 

Analytical  index,  publi$hed  by  the  outtovM  department,  <j{). — Cotitiuued. 


CuBtoma  act,  46  VictorU,  cap.  12. 


S(iiiir(*-Conliuiir(1. 

''    OfEmKU  furnoii-poyniont  of  Rildltic'ikl  dntioH 

UfcixHln  t'uiiDd  iu  paukaico  and  not  i   'Utiouod  in  inToicoor  entry 

OI'tiWulHiiiit  t'orrcHponc'lug  with  in    >lcc  or  entry  or  IVaudnlently  under- 

Of  KoodBou  which  payment  of  du tie*  have  bi'cn  avoided  or  deferred 

Uf  ^(Hidn  ciitort')!  to  be,  but  not  warehoused,  tuken  out  lor  exportation  and 

iclaudi'd •- 

01' kimmIh  ri'uuivcd  without  perinlBoion  from  rollectiir,  &o 

Of  toods  rcliiuded,  Ac.,  in  contravention  of  bond,  tojiether  with  vesael,  &o, 
Slji|)'i)  atorPH  delivered  from  warehouse  and  lelaudod  witliout  payment  of 

duty,  giiliject  to 

01  ciwkIh  fx|i()rted  from  warehouse  and  not  ujirceing  witli  entry  inwards. . . 

OriJcKMlB  niiii".'pU'd  or  imwHed  uudci  IbIhh  invoiro,  &c 

(If  poiKlB  oUcii'd  lor  sale  and  renresented  us  lioiujr  BniucBle<I,  prohibited,  &e. 
Of  cdulH  ('(inccalod  or  unlawfully  removed  iVum  v/arehouse  and  all  other  of 

naniii  Importer  liable 

Of  vessel,  vibii'Ic,  horses,  harness,  cart,  Ac,  used  iu  conveying,  uuship- 

pini;,  oiiTUioving  poods,  liable  to  fort'eituro 

Of  Ti'KKcl  iind  cartfu  found   hovering  in  liritiab  waters  with  contraband 

L'oodBUii  bonrd 

OfpxiilH  louiid  cuucenled  in  vessels 

Of  goodH  falsely  marked  or  brnndod 

Of  veBHcl,  vt'lilcli',  &.K.,  that  contrabiiiid  goods  have  been  found  on,  &o 

OfpHHlKniid  building  to  be  removed  iu  certain  cases 

PcDAlty  on  utilcer  makiug  any  collusive,  &c 


Avrmivut  timt  person  seizing  is  an  ottlcer  of  customs  snfflcien.t 

Ofv(<!i8oI,  vehicle,  goods,  &c.,  as  forfeited,  to  be  condemned  if  not  claimed 
within  a  curtain  time 

Arlieli'S  seized  may  l)e  delivered  to  owner  on  deposit 

Of  iinimiiU  or  put  ishable  articles  may  bo  sold  as  condemned,  &o 

ImiHirtvr  or  exporter  to  furnish  certain  books,  papers^  Ac,  if  required,  re 
seized  ffuudH 

Of|;(iudHniiHre|ireseutfd  as  exempt  from  duty 

Of  voHBcl,  veliicle,  goods,  &o.,  to  be  reported  to  commissiqnor  of  oustoma... 

Of  vPHsi'l  if  under  $4UU  value  for  non-com  plianoe  with  regulations 

S'lfriU':  IliB  power  to  goiueh,  &c 

!  Sbippors: 

llantiT  to  give  names  of,  liy  exporting  vessel 

Til  make  veritied  entry  of  goo(T8  to  bo  exported  by  vessel 

Or  liy  railwiiy  or  ol  her  land  conveyance 

I'lMialty  lor  refusing  or  neglecting  to  make  report  and  entry  outwards 

I  Slii|i'8«toieB: 

Siir|iliis(if,  liable  to  duty 

<;ii:intity  of  goods  tbiitniny  bo  taken  out  of  warehouse  at  one  time  for 

ViirchiMiBii  goods  may  be  taken  for 

Kmfiitcd,  if  vessels  found  hovering  with  pruhibitod  goods  on  board  ....... 

I  S:)i:itiiit'.s:  Form  of,  for  entry  or  bond 

>n];lili'iiii);:  Of  tattle  or  swine  in  bond 

ISmii^'Bliiij;: 

(Jimrta,  or  lining  false  invoice,  penalty,  and  forfeiture 

OHcriiij;  for  sale  goods  rcpiesented  as  beiug  smuggled,  pena'tty  and  for- 
fcitiue 


Beotion. 


Kniiwin^'ly  harboring,  concealing,  buying,  &o.,  smuggled  goods,  penalty, 
ic 

(io(«l»  by  two  or  more  persons  in  company,  guilty  of  misdemeanor,  ifcc 

riirHimn  coutorued  in  unshipping,  landiug,  carrying,  &c.,  smuggled  gooils, 

lu'iialty 


OiHids  concealed  or  unlawfully  removed  from  warehouse  to  bo  dealt  with  as 

ihliii'is  of  customs  to  be  deemed  employed  for  prevention  of , 

I't rsiius  aiilhori/.i'd  to  search,  detain.  &b.,  for 

>)tti('>'i  calling  lor  assistance  on  suspicion  of  smuggling  not  liable  to  prose- 
cation  . 


j'liwer ol'  oJlicer  to  search  persons  for 

I'linisliiui.nt  of  ])er8on8  assaulting,  ol>struoting,  resisting,  or  maliciously  or 

wiilluily  wouudiug  any  person  employed  for  prevention  of 

I-   fiulKi  of  action  to  be  given  on  persons  employed  for  prevention  of 

IBlunls,  &o. :  Governor  in  conncilmay  make  regulations  regulating  or  restrict- 


I    ,    ii'Kmiiwtationsof , 

|i|iintsaDd  strong  waters:  How  rated  for  duty--. 

■Mill  ol  customhouse :  Rcquiretl  on  certiiioa  copies  or  extracts  of  invoicee 

Duty-paid  goods  before  being  delivered  to  importer 

Oovernoriu  council  mavmake  regulations  for  branding  and  marking  duty- 

Ri,  ,',/™  Roods  entered  for  exportation 

S.      1  r  V-'"'  '■  *''"'"  ^  selected  and  furnished  by  minist«r  of  onstom^ ... 

wnioiylioliday:  No  goods  to  be  unladen  on,  except  in  certain  cases 

tamers  (SCO,  also,  Vessels) : 

tjovcrnov  in  council  may  appoint  sufibrance  wharves,  &c.,  to  avoid  injuri- 
ous delay  to [ 

Kcpoits,  iiiward  or  outward,  may  be  made  by  puraer I.. 


102 
107 

108 
127 

128 
134 
137 

140 
140 
153 
154 

1S8 

162 

183 
105 
187 
172 
176 
187 
103 

108 
204 

205 

214 
217 
218 
28S 
173 

141 
145 
146 
147 

GO 

las 

140 
163 

248 
l!J-230 

153 

154 

156 
156 

157 

158 
171 
172 

173 
180 

186 


230 
lb 
95 

114 

230 

7&,- 
16 


32 
161 


Sabseo. 
tion. 


2 
32 


308  KI0I1T8    Ol'    AMRUICAN    IMMIir.UMKN. 

Analytical  index,  puhlialwil  hy  the  cHtlomt  dtijiartiimit,  if'c. — Coiitiiiiinil, 


Cuatoms  act,  40  Victoria,  cap.  12. 


Rtfwl:  No  allowanco  or  cliit.y  rnfiintU-tl  for  riiiit.  &.o 

Htlffinnlns  order:  Ms  y  bo  ullowitd  buforo  (llncliarnliiii,  An , 

Htornun : 

Ol  k'>o<1h  III  n  HiiniTiiiiro  vvariOioiiHO    

Of  ^ooi'lH  iiiiliiilxii  from  iliiiimiifd  vosnol 

Htowauo  ot'cHi'Ko:  Not  to  lio  altuioil 

KtraiKUid  vtwHul :  ( Umiln  niav  bit  landed  from,  bnforo  entry 

Rtifl'orftiioe  wan^lioiiHO.     (S«'o  WarohmiwH.) 

SafferAiioH  wharvt-m :  (Jovomor  in  oouucll  may  appoint,  to  avoid  li^iirloun  delay 

to  Ktoamors,  &o 

SuKar: 

Htnndui'd,  for  quality,  &.O.,  to  be  aolectod  and  ftirniHhed  by  iiilnlntcr  ofcua- 
toni» 

How  cUhhimI  for  duty 

Korfiiitiirn  for  untry  of  HlriipH,  &u.,  iindor  wrong  namo 

Value  for  duly,  how  aHCvrtained 

May  lui  rolliiKil  in  bond 

SuilH 

In  what  (!ourt4<,  may  bi<  broujrlit  to  rocoTor  uiipiiid  diitlxH  and  pt>naltl«H,  Sen 

Averiiicnt  that  olllior  wh«  duly  employed  to  l)t^  sulllcloiit  proof 

How  Hiich  may  bo  bron^iht  In  I'rovinco  of  Quolioe 

I'riicnduro  in,  or  proscriition  in  tho  Hovoral  roiirtH , 

Fur  penalty .  &.a.,  what  Hhall  bo  Bufllelont  averment 

For  the  Oiiwii,  to  ret'over  full  coRts 

GociIr  Rolzed.  in  oertaln  cosph,  to  bo  condemned  without 

Limitation  of  tlniu  for  brlnulng,  r«  neiialtiua,  &c 

CuHtH  and  dnmaxon  net  uHlde,  to  bo  llniitod,  on  certlflcato  of  probable  cauao. 

Ono  month'H  notico  to  bo  given,  for  anything  done  under  thia  act 

Ollicer  may  tender  aniendn  and  plo<i<l  Hueh  tender  In  bar 

M  Urtt  lie  brought  within  tliree  monthf  after  cauRo 

If  probable  ciaine  bo  certified  upon  record,  plaiiitilTs  coRta,  &o.,  limited 

Sunday:  No  gooda  to  bo  unladen  on,  except  in  certain  caHea 

Hurotiea : 

Forfeiture  on  collector,  &c.,  for  allowing  payment  of  duty  to  bo  avoided  or 
deferi'ed,  ahall  bo  recoverable  from .' 

To  lie  approved  liy  collector,  &o.,  re  bond  for  exportation  from  wurehouse 

To  be  given  on  agiponl  from  conviction 

To  bo  to  Her  Miiijeaty'H  use,  and  when  to  be  given 

SurpluH :  Realized  from  aalo  of  goodn  *»r  payment  of-dutio8  and  chargeR,  to  wLoiii 

payable 

Surveyor  of  cuntoniR :  Attentation  of  invoice  or  bill  of  entry  may  be  made  before 
SyrupR : 

SiitijoOt  to  seizure  and  forfeiture  for  entry  under  wrong  namo 

Value  for  duty,  how  aacortained 

Swine:  May  be  slaughtered,  cured,  and  packed  in  bond 

Tale:  Allowanoo  for,  to  bo  fixed  by  governor  in  council 

Tare : 

Allowance  for,  to  bo  regulated  by  governor  in  counoil 

See  also , 

Title:  "  The  customs  act,  1883" 

Transfers: 

Property  in  bond,  how..*. 

No  more  than  tliroe  transfers  of  same  goods  allowed 

'To  be  entered  by  collector  in  a  book  kept  for  that  purpose 

Of  gomlsin  warehouse,  particulais  as  to  new  securitj',  &o 

Governor  in  <!Ouncil  may  mako  rogulatious  for  regulating  form  for  transfer- 
ring guoilH  in  bond 

Unclaimed  goods : 

Taken  to  warehouse  for  want  of  entry,  &c.,  may  be  sold,  and  if  not  worth  the 
charges,  may  liedestr.iyod  '. 

Goods,  derelict,  wreck,  &.c.,  may  bo  sold  as  for  duty,  &o 

Unlading  of  goods: 

Hours  and  placen  appointed  for 

■^"rom  vessel  without  report  or  untrue  report 

From  railway  trai.is  without  i-oport,  <tc , 

Of  goods  for  repai.s  to  vessel  damaged 

Officer  to  rcmaiL  on  board  vessel  during , 

Unabipplng : 

Of  goods  shall  be  done  In  manner  as  appointed  by  collector 

Expenses  connected  with,  to  be  borne  by  tlie  importer 

Of  goods  liable  to  forfeiture,  penalty  on  persons  nosisting  in 

Of  goods  in  contravention  to  regulations  by  governor  in  council,  subject  to 

seizure  and  ferlelturo 

Value : 

And  quantity  to  be  always  given  in  bill  of  entry 

When  abatement  may  be  rondo  for  damage  on  snlpboard,  &o 

Percentage  of  damage  to  be  deducted  from  original,  and  duty  levied,  &o., 
on  reduced  

Mode  of  calculating,  for  art  valorem  duty 

What  shall  be  deemed  a  foir  ^larkot  valno,  for  ud  valorem  duty,  ^o 


Boctlon. 


MI 

:« 

.'lU 

in 

3.1 


3! 


8ullM(. 

tiog. 


7.'i 
"R 
70 
77 
i;il-23u 

15 

■  171 
lOfl 

IU.I 
104 
IIIH 
a07 
216 
22(1 

229 
lU 


127 
i:i7 
2U8 

2<ia 

82 
80 

70 
77 

i;»-2;io 

C4 

04 

230 

1 

121 
121 
121 
122 

230 


43 

02 

10 

2i)-39 

Si 

105! 

I 

1.13 
134 
1G2 

235! 

48! 
S3 

57 
08 


ItKlllTM    Ol'    aMKKlCAN    liHilKKMUN.  590 

Analj/tical  Index,  pubU$bed  by  the  cuatoma  dqiarlment,  tfc— ContiDued. 


Cuitoiua  avt,  40  Victoria,  cap.  12. 


Vilnfii— CotlnmiMl. 

iirtwbwk  nllowiMl  in  country  •>>  inaniiructiirA,  to  form  part  of  fair  market,  Ao. 

DiJucllonBl'iiiiii,  l)y  roiiHon  of  ilrnwhui'k  not  ullowo<i 

liKlil.tionHfroiii,  for  piickiiKoK  not  iillowed 

l),.,iu(iinnHfioiii,  foritliurgeH  for  packing.  Hlraw,  io.,  not  allowed 

Ofiuwr,  moliiHdrH,  Hiriipn,  &o.,  fortliily,  how  nNrortain«d  

ETiilonce  cimtradiotory  to  iuvoliui  not  to  liu  takvii,  re  valiio  of  ){oods 

I'ower  of  BiipriiUiTH  for  a»t;«rtnlMlnR  t  nio 

TwoillHcriM't  iiikI  oxperlunt'fMl  puritouH  to  uppratsfl,  In  uertalu  OMea  and  re- 
port to  I'omiiiUHioui'r  of  oiiHtonm  

A npiiilaeiui'iii  l>y  poisoiia  liy  whom  to  lio  paid 

Ailditlunalihity  In  caneH  of  iiutlurvaluation,  attlziiro,  and  forfcituro  for  Don- 
iMiyiupnt 

Colletttor  may  pay  valuu  an  ontered  per  bill  of  untry  niid  10  per  cent.  r« 
SMKiii  taken  tor'the  Crown 

UwmIii  fuuiid  iindorvalnod  for  purpoHO  of  avoiding  payment  of  duly,  to  be 
wUwl,  &o 

DiitiiHi  pnyikblit  In  all  caxoH  on.  quantity  and  value  as  stated  on  flrat  entry 
when  oiiniimlly  wiirntioiiHcd 

Tobi'Kiveu  lor  ko"<Ih  entered  outwanlH 

Sttliotioal  information  may  be  required  re  value  of  ({oo<1h  exported,  Slo 

Arti('i(8  8cli'.(!d,  may  bo  delivered  to  owner  on  deposit  eqnal  to  value  and 


I'OKtit 


Vpdiio  :  Id  nny  pruseoution  or  suit,  may  be  laid  in  any  connty,  &o , 

Vehiclw: 

Meaning  of  the  term 

I'tvdln  unlawful  importattona  to  boaeizod,  &o  '. 

Arriving  li.v  hind  witli  RoodH  to  report  at  cuHtom-hoUAO  

IJoods  unlftdinu  without  report  or  false  report  to  bo  mslzetl,  &o 

CarryioK  gooUii  and  rolauding  iu  uontravontion  of  bond,  to  be  seized  and  for- 
feited  

C'arrylD)!  uoods  liable  tu  export  duty,  not  permitted  to  leave  limits,  &o., 

without  mil)  entry , 

KurfeitMl  If  UHcd  in  carrying  goods  liable  to  forfeiture 

May  Im)  Htoppod  and  <letained  on  suspicion 

(Imcora  Huizlug  nuky  call  fc'  assistance 

remouH  iu  charge  refusing  to  stop  when  requested  by  an  oQleer  of  customs, 

tubject  to  a  penalty 

Power  of  otiicer  to  search  persons  in  any ^ 

FeraoDH  entiiring  by,  may  bo  qnostioned  re  sninggling 

Smuggled  and 'stopped  on  suspicion  of  being  stolon  to  be  taken  to  police 
oflice 


PoraoDB  tikiug  away  seized  goods  from,  without  authority  to  be  deemed 

gnllty  of  felony 

Pnnislimont  for  destroying,  &c.,  before  or  after  seizure 

Seized  m  furfcitod,  to  be  condeir,ned  if  not  claimed  within  a  certain  time ; 

notice  of  claim  required 

lUntoration  of,  not  to  be  prevented  by  appeal  for  recovery  of  penalty 

Forfeited  to  be  sold  by  public  auction,  unless  otherwise  directed 

Si'iiure  or  detention  of,  to  be  reported  to  the  commiHsiouer  of  customs 

Subject  to  seizure  for  uon-coniplianco  with  regulations 

I  Veiwl: 

Meaning  of  the  tenn 

ArriTing,  when  goods  may  bo  unladen,  &o 

Korfoiluro  of,  for  entering  other  than  a  port  of  entry,  except  In  certain  cases . 
Snbjcct  to  acizure,  &o.,  lor  entering  other  than  a  port  or  entry,  except  in 

ceitain  cases 

hetaincd  for  entering  other  than  e  port  of  entry,  may  be  sold  for  penalty,  &c 

M;nt«r  must  report  inwards  at  custoin-houso .' , 

Ufflccm  may  board  within  three  miles  of  aucborago 

Arriving  hyinlimd  navigation  to  report  at  custom-bouHO 

Masters  to  produce  bills  of  lading  iu  connection  with  report 

malty  on  master  for  untrue  report,  &o 

May  be  lightened  to  pass  over  shoals,  &o 

Ijouds  inriving  by,  In  transit  to  other  ports,  .fee 

Master  or  owner  of,  have  right  to  make  certain  contracts 

tioods  may  be  landed  from  wrecketl  or  »trande( 

Live  stock  and  perlshablo  articles  uiay  bo  Ittndlid 

lm])ortiDg  must  bo  registered  unless  authorized  by  governor  In  ccnnoil...- 

(loodg arriving  by,  to  be  entered  within  three  days. .' 

iNarno  of,  and  master  required  on  bills  of  entry 

May  convey  goods  to  other  than  first  port  of  entry , 

Mrfeitureof  goods  not  corresponding  with  report  of 

Mrplug  8toi  es  of,  liable  to  duty,  moy  be  warehoused 

Reentering  Annapolis,  N.  S 

Reentering  Great  Bras  d'Or 

May  bo  unladen  for  purpose  of  repairing,  &o 

Larrying  goods  and  relaudod  in  contravention  of  bond,  to  bepji7  3dand 

forfeited 

Master  of,  may  make  entry  outwards  from  warehouse  !.."IJ!I."I.. . I...... 

»areliou8e  goods  may  be  Wken  as  stores „,...,,..., 


Section. 


70 
71 

n 

78 
77 
80 
M 

D9 
100 

103 

103 

108 

i?a 

149 

IM 

204 
191 

4 
33 
84 
80 

137 

146 
102 
172 
173 

174 

180 
180 

188 

185 
180 

108 
211 
212 
218 
235 

4 

16 
21 

22 
22 
25 
26 
27 
28 
29 
30 
32 
32 
85 
36 
38 
40 
41 
45 
48 
SO 
61 
82 
59 

137 
180 
}«0 


Snbseo- 

tioD. 


400  RIGHTS   OF   AMERICAN   FISHERMEN. 

Analytical  index,  published  by  the  eustottis  d^^artment,  tf'C— Contiuucd. 


Cnstoms  act,  46  Victoria,  cap.  12. 


Vese  el  —Continued. 

Particulars  of  entry  outwards 

Mast-or  to  show  h11  floods  imported  arc  disciiarged,  &a 

Ittaster  to  givocontflnl  and  make  declnrbtion 

Master  to  auswor  ull  qnoations,  &c.,  re  cargo,  crow,  &o 

Penalty  for  delivering  false  content,  &o.,  or  leaving  without  clearance 

Kntrics  ontn^nl  to  bo  delivered  to  C'Ollec'/or  before  granting  clearance 

1><  Uectormay  grant  bill  of  health  to 

Uited  in  convoying  forfeited  goods  to  be  forfeited,  together  with  guns, 

taclvlo,  apparel,  furniture,  &o 

li'ound  hovering  may  bo  boarded 

Penalty  on  master  for  refusing  to  answer  questions 

I'enoUy  on  persons  proved  to  nave  been  on  board  smuggling 

Oiflcer  may  Doard  ^nd  have  free  access,  &o 

Officer  may  be  stbtioued  on  board  any 

.Vlay  be  stopped  and  detained  on  suspicion  for  iaaving  contraband  goods  on 

board,  &c 

Officer  seizing,  may  call  for  assistance 

Powerof  officer  to"  search  persons  on  board 

Punishment  for  sinlcing,  citting  adrift,  &c.,  any 

Seized  as  foiioitcd  to  bo  condemned  if  not  claimed  within  a  certain  time; 

notice  of  claim  required .. 

Officer  in  charge  of  any  revenue  vessel  and  makjig  seizures,  to  retain  the 

same  on  board  nntU  arrlvLlin  port,  &c 

Notice  of  proceedings  for  condemnation  to  b<«  posted  itpon  mast,  &c 


itestoratiou  of,  not  to  bo  prov"uteil  by  appeal  for  recovery  or  penalty, 
{•'orfeited,  to  be  Eold  by  public  auction  iinles'^  other-.viso  directed . 


Seizure,  &o.,  of,  to  bo  reported  to  commiss<'jner  of  cnstoms 

Fees  for  roportint'  and  clearing  in  ports  auovo  Montreal,  when  navigating 
without  a  coasting  license 

Forfeited  if  under  value  of  $400  for  uonconiplianco  with  regulations 

Of  vaiuo,  more  than  $400  bow  dealt  Ttith ,-^i 

Time  of  arrival  and  departure  defined -n 

Wavehonso : 

Meaning  of  the  term 

Sufferance,  governor  in  council  may  appoint  for  steamers,  other  vessels,  and 
railways 

Good",  may  be  imported  and  warehoused  without  payment  of  duty 

Goods  taken  to,  lor  want  of  entry,  &c.,  to  be  at  risk  and  charge  of  owuor. . 

Packages  not  corresponding  with  report,  how  deal)  with 

Goods  sold  for  charges,  &c.,  subject  to  duty  ..* 

Gc<m1s  taken  out  for  use  of  Her  M^osty's  troops  or  exempted,  if  sold  liable 
to  d  u  ty 

Evidence  contradictory  to  invoice  not  to  be  received  re  goods  taken  out  of. . 

Collector  or  appraiser  may  order  a  certain  number  of  packages  for  examin- 
ation from  every  entry,  at  examining 

All  packages  mentioned  in  entry  subject  to  control  of  cnstoms  until  such  as 
havo  been  sent  lor  examination,  have  been  duly  passed,  &o 

Packages  delivered  without  uxamination,  shall,  if  required,  be  returned  to 
examining 

What  shall  bo  regarded  as  warehousing  ports 

Goods  may  be  imported  and  warehousid  without  payment  of  duty 

Owner  may  sort,  repack,  or  take  samples  of  goodb  in 

Goods  may  iie  removed  from  one  warehouse  to  anotlicr,  or  from  one  ware- 
housing port  to  another,  under  bond 

Ilequirui;:4nt'S  as  to  transfer  o**  goods  in 

Particulars  as  to  new  securii^y,  &c.,  for  goods  transferred  in 

Goodhto  1)0  finally  cleared  within  two  years  orsoldfor  payment  of  duty,  &c. 

Packages  may  be  abandoned  for  duty 

Governor  in  council  may  dispense  witli,  or  provide  for  the  canceling  of 
bonds  given  for  goods  in 

Donds,  notes,  ot  other  documents  for  purpose  of  avoiding  or  deferring  pay- 
ment of  duty  on  goods  in,  not  to  be  accepted 

Goods  entered  for,  and  not  taken  to.  or  taken  out  without  permit,  or  for 
exportation,  and  relandud,  sold,  &o,,  to  be  seized  and  forfeited 

Goods  taken  out  of,  to  be  subject  to  duty  at  current  rates 

Cattle  ai.d  swiuo  may  bo  slaughtered,  cured,  and  packed  in,  under  regula- 
tions  

Wheat,  mai/.o,  or  other  gr.iin  maj  be  ground  in,  tinder  regulations 

Sngar  and  molaHaos  &c.,  may  bo  refined  in 

Duties  payable  in  all  cases  on  quantity  and  value  a«  stated  on  first  entry 
when  originally  entered  for 

Unshipping,  landing,  an;l  carrying  of  goods  for,  to  be  done  in  manner  ap- 
]>ointed  b,y  collector 

Rent  and  other  expenses  of  unshipping,  landing,  4.0.,  to  be  borne  by  the 
importer 

Suanttty  of  goods  to  bo  taken  out  of,  at  one  time 
oods  entered  ''or  warehousing,  to  be  deemed  warehoused  for  certain  pur- 
poses   

Entry  outward  for  export,  bond  to  be  given,  &c 

Parties  not  authorized  making  export  entry  from,  subjest  to  a  penalty,  &o. 


141 
141 
141 
142 
143 
145 
152 

162 
163 
163 

104 
105 
166 

172 
173 
ISO 
18U 

108 

108 
200 
211 
212 
218 

234 
225 
235 
230 


tion. 


106 

no 
111 

116 
117 

116 

120 
121 
122 
123 
124 

12S 

127 

128 
l.'O 

130-230 

130-230 

131 

132 

133 

134 

135 

136 
137 
139 


RIGHTS   OP   AMERICAN  FISHERMEN.  401 

Analytical  index,  puhliahed  by  the  cuatom$  department,  <f-c. — Cuntinuod. 


Cnstoma  act  40  ViotoHa,  cap.  12. 


rirfhottie-Coiitlnnoa.  ^,   ,     , 

Gow'smaybodeliverodas  snip  8  stores  , 

EntrV  outwards  from,  mnst  akti  e  with  entry  Inwards 

(kiwis  forft'iteil  if  concealed,  <fcc.,  and  al!  other  goods  of  samo  importer  liable. 

I  bbility  for  opening  wareUouso  withoat  poimit,  &c 

LiabUity  for  slterins  or  dofaciDK  marks 

Puniiilinii'nt  ot  peraons  dcjtroyibg  by  tire,  &c.,  any  bond  in  which  seized  or 
forfcitpd  200(18  are  deposiieu 

For  authorizing  niipointmcnt  of  warohonaes,  rogulatinf;  security  to  bo 
liVcn  trom  liecpers  of,  forms  and  conditions  subject  to,  rot  or  licnnao 
fee,&c -- - 

Fur  Mtcmlins  time  for  clearing  warehoused  goods,  &o 

For  regulatinj;  form  lor  transferring  goods  in  bond 

iTirraDt: 

Forlaiidinjf  Roods  to  bo  warehoused  or  duty  paid 

Goods  unladen  without,  shall  be  forfeited , 

Pirticalars  of,  nnist  correspond  with  report 

SUppiuL',  or  other  must  correspond  with  entry  inwards 

Shipping',  to  f(ivo  name  uf  air'.-at  and  residence  of  owner 

^(ijhtsanilmoaHureH: 

According  to  which  duties  must  be  collected 

Allowance  for,  to  bo  fixed  by  governor  in  council 

Vat:  Slav  bo  gronnd  in  bond , 

Itess:  Oatli  of  one  or  more  required  as  proof  for  goods  lust  or  destroyed  be- 

ftorelaiidiLK 

freck: 

Goods  may  bo  landed  from  vessels,  before  entry,  &c 

Derelict,  flotgam  or  jetsam,  goods,  ■■ubject  to  duty 

I'eiially  for  not  reporting  such  goods,  &c 

Iritofaesuomce: 

How  obtainable,  &c 

EiistiLg,  to  remain  iu  force 

Powers  given  for  effective  searching  by  day  or  n'ght 

■  Power  of  cflicer  to  enter,  &c i 


Section. 

Subsec- 
tion. 

140 
140 

l,'-.8 
150 
161 

18P 

230 
230 
230 

42 

44 

48 

140 

150 

12 

64 

130-230 

58 

35 
60 
61 

177 
178 
170 
176 

8 

0 

10 

1 

No.  65. 

Sir  L.  West  to  Mr.  Bayard. 

Washingto:t,  December  7, 1886. 
[Sir:  With  reference  to  your  note  of  the  30th  of  July  last,  I  am  in- 
ucted  by  the  Earl  of  Tddesleigh  to  communicate  to  you  the  inclosed 
bpyof  a  dispatch,  with  its  inclosures,  from  the  officer  administering  the 
flvemment  of  Canada,  respecting  the  action  of  the  customs  ofi&cer  at 
agdalen  Islands,  in  the  case  of  the  United  States  flshiLg  vessel  Mas- 
iit 

I  have,  &c.. 

L.  S.  SACKVILLE  WEST. 


[Ijoloanre  1  in  'So.  55.] 

Aotinff  Governor  Lord  A .  O.  Eusaell  to  Mr.  Stanhope. 

Halifax,  Nova  Scotia,  Octotf  30,  1880. 
8;  Vi  itli  roforenco  to  your  telograpliic  message  of  the  22fl  August,  and  to  yonr  dis- 
Icnof  the  y>th  of  August,  marked  Secret,  trausmitting  copy  of  a  dispatcli  from  Hor 
W8ty'8ct„.|;e  d'affaires  at  Wasliington,  with  a  note  from  Mr.  Bayard,  complaiuing 
Iwe  action  of  the  customs  officer  at  Mugdalou  Islauds  with  reforoncv^  to  the  Amori  - 
Ti  fishery  schooner  Mascotto.    I  have  the  honor  to  forward  herewith  a  copy  of  an 
Jfroved  rainiiTO  of  the  privy  council  of  Canada,  embodying  a  report  of  the  minister 
luarine  »nd  fisheries  en  the  subject. 
I  have,  &c., 

A.  G.  RUS^LL, 

S,  Ex.  113 20  ^"^*'- 


402 


BIQUTS   OF  AMERICAN  FISHEEMEN. 


Report  Oj 
administraior 


[Inclosare  2  in  No.  55.] 

)/  a  committee  of  the  honorable  the  privy  ooumil,  approved  by  his  oxcelUnctn, 
strator  of  the  Govo-nment  in  council  for  'Canada  on  the  30tA  day  of  October  1^ 

The  committee  of  the  privy  coniicil  have  had  under  consideration  a  telegram  of  the 
22d  August  and  a  dispatch  of  tlio  'iStli  August  last,  from  the  right  honorable  the  set 
retary  of  state  for  the  colonics,  transmitting  copy  of  a  letter  from  Her  Maj'jsty'sniin. 
ister  at  Washington,  inclosing  a  note  from  Mr.  Secretary  Bayard,  complainiug of  th«  | 
action  of  the  customs  oflicer  at  Magdalen  Islands,  with  reference  to  the  Americaij 
lishing  rtchoouer  Mascotte. 

The  minister  of  marine  and  iishories,  to  whom  the  correspondence  was  roferwd  ob- 
Bcrvesthat  Mr,  Bayard,  ir.  his  note  to  the  British  niinlHter  at  Washington,  says:' 

'*  I  am  also  in  possession  of  the  aflSdavit  of  Alox.  T.  Vachem,*  master  of  the  Aineri- 
can  lishing  schooner  Mascotte,  who  entered  Port  Amherst,  Magdalen  Tsl.uds  aodj 
was  there  threatened  by  the  customs  official  with  seizure  of  his  vessel  if  he  attempted 
to  obtain  bnit  lor  tishin;;  or  take  a  pilot." 

And  from  a  report  of  the  customs  oflicer  at  Magdalen  Islands,  a  copy  of  which  n 
far  as  it  relates  to  the  case  iu  point,  is  hereto  annexed,  it  appears  that  uogronndsei- 
ist  for  the  complaint  made  by  the  master  of  the  Mascotte. 

The  minister  states  that  Captain  Vachem  [McEachern]  was  served  with  a  printed  I 
copy  of  the  "warning,"  a>!d  was,  iu  addition,  informed  by  the  collector  that  underthj  I 
treaty  of  181H  ho  had  no  right  to  buy  bait  or  to  sliip  men.  He  was  not  forbiddeutol 
take  nsh,  but,  on  the  contrary,  the  collector  jiointed  out  to  him  on  the  chart  the  places  I 
in  which,  by  the  convention  of  1818,  he,  as  a  United  States  lisherraan,  had  the  tiA'ul 
insliore  fishing,  and  one  of  the  places  so  pointed  out  to  him  was  the  Magdalen  Islat a  I 

Notwithstanding  the  "warning"  and  the  personal  oxplanatioj  of  the  collector,  i(  I 
appears  that  Captain  Vachem  [McE.achern]  did  go  up  the  country  and  attempt  to  hire  J 
men,  ami  upon  his  return  informed  the  collector  that  he  could  not  got  any.  For  this,  I 
clearly  an  illegal  act,  ho  was  not  interfered  with  by  the  collector.  I 

The  minister  further  observes  that  the  convention  of  1818,  while  it  grauts  to  United  1 
Statesfishermon  the  right  of  lishing  in  common  with  British  subjects  ou  the  aliorej| 
of  the  Magdalen  Islauds,  does  not  confer  upon  them  privileges  of  tr.itMng  or  of  > 
ping  men,  and  it  was  against  possible  acts  of  the  latter  kind,  and  not  against  fisl 
inshore,  or  seiiking  the  rights  of  hospitality  guaranteed  under  the  treaty,  thatCap"! 
tain  Vachem  [McEachern]  was  warned  by  the  collector. 

With  reference  to  the  remarks  of  the  colonial  secretury  that  "  Her  Majesty's  Gov] 
erumcnt  would  recommend  that  special  instructions  should  be  issued  to  theaiithoril 
ties  at  the  places  where  the  inshore  lisheries  has  been  granted  by  the  conveution  of | 
1818  to  the  United  States  fishermen,  calling  their  attention  to  the  provisions  of  thatj 
convention,  and  warning  them  that  no  action  contrary  thereto  may  be  taken  in  re-l 
gard  to  United  States  lishing  vessels,"  the  minister  states  that  the  'circular  iiistrnc-l 
tions  issued  to  collectors  of  customs  recite  the  articles  of  the  convention  of  ISM,  I 
which  grant  to  United  States  lishermeu  the  right  to  take  lish  upon  the  shore  of  ti»| 
Magdalen  Islands,  and  of  certain  parts  of  the  coasts  of  Labrador  andNewfonudlaDd,! 
which  instructions  the  collector  in  question  had  received,  and  the  iuiportofwhicil 
his  report  shows  him  to  be  familiar  with.  | 

In  addition  to  this,  the  commander  of  the  fishery  protection  steamer  LaCanadi'Din] 
was  ordered  to  visit  Magdalen  Islands,  and  explain  fully  to  collectors  there  theeiJ 
tent  of  their  powers.  I 

The  minister,  In  view  of  tlicse  instructions,  printed  and  oral,  does  not  deem  it] 
necessary  to  send  further  special  orders.  I 

The  committee,  concurring  in  the  foregoing  report,  advise  that  your  excellency  b«j 
moved  to  transmit  a  copy  hereof,  if  approved,  to  the  right  honorable  the  socretaijj 
of  state  for  the  colonies. 

All  which  is  respectfully  submitted  for  your  excellency's  approval. 

JOHN  J.  McGEE, 
Clerk,  Privy  Cond 


[Inclosnre  3  in  "So.  55.] 
Mr.  Poindkand  to  the  Minister  of  Marine  and  Fisheriei. 

CusTOM-HousE,  Magdalen  Islands, 

8ik:  I  beg  to  acknowledge  the  receipt  of  your  telegram  respecting  captain  oft 
schooner  Mascotte's  report  in  reference  to  my  having  threatened  him  with  seizure. 

I  replied,  on  receipt :  "Mascotte  information  incorrect.    Particnlaru pei  niailTDei 
day." 

*  So  in  the  Britiah  copy.    The  moatbr's  namo  ia  Alex.  MolSachem.    (See  Doo.  No.  W,  page  K'  I 


RIGHTS   OF   AMERICAN   FISHERMEN. 


403 


i  by  Ma  aiceWdncju, 
day  of  October,  18* 

bion  a  telegram  of  the  I 
;hfc  honorable  the  lee.  | 
m  Ilor  Maj'jaty'smiii. 
(1,  GOiuplaiiuug  of  tbt  I 
eiico  to  tbe  Americui 

.01100  was  referred,  ob- 1 
^aflbiDgton,  BayH: 
*  master  of  the  Ameri- 
(agdalen  Tsl.udg, aad j 
voHsel  if  he  attenpttd  ■ 

i,  a  copy  of  which,  w } 
.rs  that  no  groundsel- 

Borved  with  a  prinMl 
ollector  that  underthj  I 
)  was  not  forbiddeutol 
oa  tbe  chart  the  placet  I 
srnian,  bad  the  rij;b't«  I 
tbo  Magdalen  Islaca  I 
;ioa  of  the  collector, ill 
iry  and  attempt  to  hire  j 
not  got  any.  For  this,  [ 
or. 

.ilo  itgrautstoUiiiteilj 
subjects  ou  the  shoral 
3  of  trading  or  of  ihip-l 
md  not  against  fishing  I 
r  the  treaty,  that  Cap-] 

k  "Ilor  Majesty's  Gov- j 

)  issued  to  the  a'.'.thori-l 

by  tbo  coiiveutioB  of  j 

tbo  provisions  of  that! 

may  be  taken  in  re-j 

tbe  circular  instrnc-f 

convention  of  18W,j 

upon  the  shore  of  tbe  i 

lor  and  Newfoundland,  j 

id  the  import  of  ffhiclij 

iteamer  LaCsnadi'DMl 
lollectors  there  the  ei-f 


)r: 


vl,  does  not  deem  itl 

bat  your  excellency  be  I 
morablo  the  80creU7| 

iroval. 

HN  J.  McQEE, 

Clerk,  I'rivy  Cou*aL 


'  Particulare :  On  arrival  of  the  captain  I  "orved  him  a  "  warniny"  personally ;  in- 

bmied  him  he  could  not  buy  ''.  (t)  bait]  or  ship  men, 
I  diiy  this  to  all  American  fis  hermen.     Ho  tried,  however,  to  hire ;  went  up  the  coun- 

tT  to  hire,  but  could  not  hira  i  man. 
Isaff  him  and  men  go  up,  and  on  his  return  he  told  me  he  could  not  hire.    I  did 

LtnppoBO  him.    He  attended  halibuttinfr  at  Seven  Islands,  Dominion.    I  found  this 

W  since.    I  deny  having  said  I  would  seize  him  if  he  obtained  bait,  himself  or  crew. 

Ididnot  nso  the  term,  but  it  suits  the  captain  or  owners  to  use  it,  as  it  servfefa  their 

waning  to  make  the  report  good. 
Iparticnlarly  showed  him  whore,  on  the  chart,  ho  had  tbe  right  to  fish  inshore,  to 

lit  at  the  Magdalen  Islands,  Capo  Ray,  &c.,  as  per  treaty  in  my  hands  then. 
I  liiink  I  was  very  lenient  with  him  and  all  American  fishermen  calling  here,  know- 

ly  their  privileges. 

n  treated  theiu  so  gentlemanly  that  I  am  surprised  to  hear  ho  made  the  above  in- 
durate report  to  you. 
Yours,  &c., 

J.  B.  F.  POINCHAUD, 

Collector  of  Customs. 


No  56. 


Sir  L,  West  to  Mr.  Bayard. 

Washington.  December  7,  1886. 

SiK :  With  reference  to  your  notes  of  the  9th  and  18tli  of  August  last, 
lam  instructed  by  the  Earl  of  Iddesleigh  to  communicate  to  you  the 
bfllosed  copy  of  a  dispatch  from  the  governor-general  of  Canada,  with 
|s  iuclosures,  relative  to  the  causes  of  complaint  alleged  by  the  masters 
tthe  United  States  fishing  vessels  Itattler,  Shiloh,  and  Julia  Ellen 
gainst  Captain  Quigley,  of  the  Canadian  cruiser  Terror. 
I  have,  Ac, 

L.  S.  SACKVILLE  WEST. 


|Tnclo8uro  1  In  Ko.  56.] 
Acting  Governor  Lord  A.  G.  Buaaell  to  Mr,  Stanhope. 

Halifax,  Nova  iScotia,  October  29,  1886. 

iSiRi  Ihave  tlio  honor  to  forward  herewith  a  copy  of  an  approved  minut«  of  tho 
livy  council  of  Canada,  furnisbinij  tho  report  asked  foi  in  your  Ai:  patch  of  the  Ist 
■ptember  last,  respecting  the  alle^^ed  unfriendly  treatment  of  the  United  States  fish- 
K schooner  Rattler  inbulrtj  rcquin  d  to  repor*^^  to  the  collector  of  customs  at  Shel- 
lime,  Nova  Scotia,  when  set  king  1 1    t,  harbor  for  shelter. 

II  beg  also  to  draw  your  attention  i  o  the  statement  of  the  captain  of  the  Terror,  ap- 
Inded  to  tho  above  order  in  council,  which  gives  the  tacts  concerning  tho  cases  of 
le Shiloh  and  Julia  Ellen,  a  renort  as  to  which  was  requested  in  your  dispatch  of 
e  9th  ultimo. 
I  havo,  &c., 

A.  G.  RUSSELL, 
.  General. 


iheriea. 

DALEN  Islands, 

Augmi»,l^ 
pecting  captain  of » 
ed  him  with  seiinre. 
•ticulard  pel  mail  Tuei 


iDoo.  No.W,p«g«W'l 


[Inclosaro  2  in  No.  66.1 

vi  of  a  committee  of  the  honorable  the  privy  council  for  Canada,  approved  by  his  exoel- 
j««!/  the  administrator  of  the  Government  in  counoil  on  the  2Sth  day  of  October,  1886. 

necoinmittco  of  the  privy  conncil  have  had  their  attenticu called  by  a  cablegram 
kHi  "^^*  honorable  Mr.  Stanhope  as  t<j  whcu  ho  may  expect  answer  to  dispatch 
ItUer.  The  honorable  Mr.  Bowell,  for  the  miuistttr  of  marine  and  fisheries,  to 
Jiom  the  papers  were  referred,  submits,  for  the  information  of  his  excellency  in 


404 


RIGHTS   OP   AMERICAN   FISHERMEN. 


council,  that  Laving  considered  the  Btatcments,  copies  of  wliich  are  annexed  of  Can.! 
tain  Qni^ley,  of  the  Government  cnttor  Terror,  and  of  the  collector  of  customs  at  Shet  I 
burue,  with  reference  to  the  subject-matter  of  the  dispatch,  he  is  of  opinion  that! 
these  officers  only  performed  their  respective  duties  in  the  caoe  of  tlio  Kattler  amii 
that  ro  ^ust  grounds  exisl  for  the  complaint  put  forward  in  Mr.  Bayard's  dispatd  oti 
a  violation  of  that  hospitality  which  all  civilized  nations  prescribe,  or  of  a  gross  ii.l 
fraction  of  treaty  stipulations.  I 

The  minister  states  that  it  does  not  appear  at  all  certain,  from  the  statements  sub-l 
niittcd,  that  this  vessel  put  into  Shelburne  for  a  harbor  in  consequence  of  stress o'l 
weather.  It  does,  however,  appear  that  immediately  upon  the  Eattlci'  comini'  intol 
port.  Captain  Quiglf^y  sent  '.is  chief  officer  to  inform  the  captain  of  the  fiattlw  thatl 
before  sailing  he  must  report  his  vessel  at  the  custom-house,  and  leftou  board  tkl 
Rattler  u  guard  of  two  men  to  s^o  that  no  supplies  were  landed  or  taken  on  lioanil 
or  men  allowed  to  leave  the  vessel  during  her  stay  in  Shelburne  Harbor.  That  atl 
midnight  the  guard  iired  a  shot  us  a  signal  to  the  cruiser,  and  the  lirstofflccrall 


on  the  way  up  she  became  becalmed,  when  the  iirst  officer  of  the  Terror  took  tlm  caiJ 
tain  of  the  Rattler  in  his  boat  and  rowed  him  to  the  town,  where  the  collector  of  tus.! 
toDis  received  his  report  at  the  unusual  hour  of  6  a.  m.  rather  than  detain  Lim,  aiidl 
the  captain  with  his  vessel  proceeded  to  sea.  '    j 

The  minister  observes  that  under  section  25  of  the  customs  act  every  vessel  eaj 
tering  a  port  in  Canada  is  required  to  immediately  report  at  the  customs,  and  tin 
strict  enforcement  of  this  regulation  as  regards  the  United  States  fisL'.jg  vessels  in 
become  a  necessity  in  view  of  the  illegal  tradfe  transactions  carried  on  by  the  United, 
States  fishing  vessels  when  entering  Canadian  ports  under  pretext  of  their  treatH 
privileges.  I 

That  under  these  circumstances,  a  compliance  with  the  customs  act,  involving  onln 
the  report  of  a  vessel,  cannot  be  held  to  be  a  hardship  or  an  unfriendly  proceeilingj 

The  minister  submits,  in  view  of  the  repeated  groundless  complaints  of  bcioj 
harshly  treated  that  have  been  made  during  the  present  season  by  captains  of  Unitd 
States  fishing  vessels,  and  in  almost  every  instance  traceable  to  a  refusal  or  neglw 
to  observe  the  customs  regulations,  which,  it  is  proper  to  state,  are  enforced  iipo 
other  vessels  as  well  as  those  of  the  United  States,  herewith  a  letter  written  by  Capi 
tain  Blake,  of  the  United  States  fishing  schooner  Andrew  Burnham,  which  appearw 
in  the  Boston  (Massachusetts)  Herald  of  the  7th  instant,  and  also  the  editorial  com 
ments  thereon  made  in  a  subsequent  issue  of  the  paper  referred  to. 

The  minister  believes  that  the  statements  made  by  Captain  Bl^ke  are  strictly  a 
curate,  and  as  applied  to  other  vessels  are  substantiated  by  the  weekly  boarding  r 
ports,  received  by  ^he  fishery  department  from  the  difibrent  captains  engaged  in  tin 
fishe'ies  protection  service.  Ho,  the  minister,  therefore  respectfully  submits  that  thl 
reflections  of  Mr.  Secretary  Bayard,  characterizing  the  treatment  extenledtothJ 
captain  of  the  Rattler  as  unwarrantable  and  unfriendly,  is  not  merited,  in  viewo 
the  facts  aa  stated  by  Captain  Quigley  «nd  Collector  Attwood. 

The  committee  concur  in  the  report  of  the  acting  minister  of  rarino  and  fisbcrie^ 
and  advise  that  your  excellency  be  moved  to  transmit  a  copy  of  this  minute,  if  ai* 
proved,  to  the  right  honorable  Her  Majesty's  principal  secretary  of  state  tor  I' 
colonics. 

All  which  is  respectfully  sabmitted  for  your  excellency's  approval. 

JOHN  J.  McGEE, 
Clerk,  Privy  Cmnnl 


[IncloBure  3  in  No.  50.] 

[Extract  from  the  Boston  Ilerald  of  October  0, 1886.] 

A  Fiishing  Captain's  Experience. — The  lette"  of  Capt.  Nathan  F.  Blake,  of  the  f 
schooner  Andrew  Burnham,'  of  this  city,  which  we  published  on  Wednesday,  tvohI 
apparently  indicate  that  the  Canadian  officials  have  not  been  disposed  to  pushthefl 
quirements  of  their  law  quite  as  vigorously  as  some  of  our  fishermen  have  maintaiDM 
Cai)tain  Blake  says  he  has  experienced  not  the  least  trouble  in  his  intercourse  m 
the  Canadian  officials,  but  that  as  ho  treated  ttem  courteously,  they,  on  their  SJ 
have  reciprocated  in  like  terms.  There  is,  undoubtedi^ ,  a  great  deal  of  bitten* 
felt  on  both  sides,  and  probably  this  bitterness  has  led  both  parties  to  bounffraciM 
in  their  own  conduct,  and  tc  exaggerate  the  wrongs  they  have  endured,  Lardsuips* 
qnently  due  to  an  unwillingness  to  observe  the  requirements  of  the  Jaw  as  these* 
now  laid  down.  If  all  American  fishing  captains  exhibited  the  siiuic  conrtcsyij 
moderation  that  Captain  Blako  has  shown,  we  imagine  that  tlu^re  would  be  very y 
tie  trouble  in  arriving  at  an  equitable  and  pleasing  understanding  withCauada. 


annexed,  of  Cif.] 

8  of  opinion  thjtl 

tlio  Kattler,  audi 

j-ard's  dispatch' of  I 

,  or  of  a  gross  inT 

0  statements  8d1).| 
[uenco  of  stress  o(| 
ittlci'  coming  intol 
if  tho  Rattler  thai 

left  on  board  thai 
)r  taken  on  lH)artl 
Harbor.  ThatatI 
tlio  tirstolDceri. 
tedandtlieanchot 
ed  ho  ninst  corapln 
the  harbor.  Thafl 
srror  took  tie  cap- 
lie  collector  of  cM-j 
in  detain  liim,  asl 

it  every  vessel  ea| 
3  customs,  and  thi 
fisL'.Jg  vessels  hai 
d  on  hy  the  Unltd 
ext  of  their  treatj 

act,  involving  (iqIb 
riendly  proceedingl 
smplaints  of  beiar 
r  captains  of  Unite? 

1  refusal  or  ncgla 
are  enforced  up 

ter  written  by  Capj 
im,  which  appcare 
)  the  editorial  com 
I. 

nke  are  strictly  a 
reekly  boarding  i 
ains  engaged  in  thi 
[y  submits  tliat  thi 
ut  extenledto  th( 
merited,  iu  viewo 


arino  andfisberid^ 
thi^  minute,  if  a^ 
•y  of  state  for  th( 

ral. 

(  J.  McGEE, 

rrlc,  Privy  Cm(yl  \ 


aiakcjoftliof.- 
fWedncsday,  w 
tosed  to  pushthefl 
In  have  maiutainw 
lis  intercourse  wj 
[they,  on  their  !W 
It  deal  of  bittcrd 
fes  to  boungracioi 
lured,  hardsbipsli 
Ithelawasthesei 

I  siiuic  conrtwy* 
Ic  would  bo  very .^ 
Ig  with  Canada. 


RIGHTS  OF  AMERICAN  FISHERMEN.  40!"^ 

[Inclosaro  v  'n  No.  CO.] 

Captain  Qnigley  to  Major  SiUon, 

Shelburnb,  September  30,  1886. 
Sir:  I  \)Cg  to  acknowledge  tho  receipt  of  your  letter  of  the  27th  instant,  requesting 
le  circumstances  counoctod  with  the  boarding  of  the  vessels  Ratbler,  Julia  and 
lllen,  and  ShiJoh. 

,  In  the  case  of  the  Rattler,  she  caino  into  Shelbume  Harbor  on  the  evening  of  the 
kh  August  at  6  o'clock.  She  being  at  some  distance  from  whore  I  was  anchored,  and 
t  being  too  rough  to  send  my  boat  so  far,  I  fired  a  musket  signal  for  her  to  ronnd-tc, 
khicli  she  did,  and  came  to  an  anchor  alongside  of  my  vennel. 

I  then  sent  the  chief  officer  to  hoard  her;  he  reported  s^e  put  in  for  shelter.  The 
Bptain  was  then  told  by  the  chief  officer  to  report  his  vessel  before  he  sailed,  and 
diat  he  must  not  let  his  men  on  shore,  and  that  lie  would  leave  two  men,  who  are  al- 
fays  armed,  on  board  to  see  tiiat  he  did  not  otherwise  ureak  the  law. 
[About  midnight  the  captain  hoisted  his  sails  to  leave  port,  thereby  evading  the 
Ltoms  law  requiring  him  to  report  (for  which  I  refer  you  to  section  25  of  the  cus- 
fcnis  act),  and  disregarding  my  inbtrnctions. 

I  The  watchman  fired  a  signal,  calling  my  attention  to  his  act,  whea  I  sent  the  chief  • 
leer  to  tell  him  he  must  Tower  his  sails  and  repor*-  his  vessel  in  the  morning,  other- 
fcae  he  would  like>  have  his  vessel  detained.    Hfa  .  and  sailed  up  in  company 

Hththe  chief  officer  at  4  o'clock  a.  ra.  Ou  the  way  iii  leil  calm,  and  iue  vessel  au- 
liored.  The  chief  officer  with  my  boat's  crew  rowed  him  up  to  the  custom-house, 
Jhere  ho  reported  at  6  a.  m. ;  and  returned,  passing  out  to  sea  at  8  a.  m,  The  cap- 
linwas  only  asked  to  report  his  vessel  as  all  others  do,  but  wan  not  disposed  to  do  so. 
[in  the  case  of  the  Julia  and  Ellon,  she  came  into  the  harbor  of  Liverpool  on  the 
hof  August,  about  5  p.  ra.  Being  some  distance  from  me,  I  fired  a  blank  musket 
kot  to  round  her  to.  When  she  anchored  I  boarded  her,  and  the  captain  reported 
lathe  came  in  for  water.  I  told  him  to  report  his  vessel  in  the  morning,  as  it  was 
ken  after  customs  hours,  and  that  he  must  not  let  his  men  ashore,  an.d  that  I  would 
pvetwomon  on  his  vessel  to  see  that  my  instructions  were  carried  out,  and  to  see 
lathe  did  not  otherwise  break  tho  law. 

Ill  the  morning,  at  8  o'clock,  I  called  for  the  captain  to  go  to  the  custom-house 
Id  told  him  his  men  could  go  on  and  take  water  while  he  was  reporting,  so  that  he 
raid  bo  all  ready  to  sail  when  he  returned,  which  they  did,  and  he  sailed  at  noon. 
p  th<^  case  of  the  Shiloh,  she  cam<3  into  tbe  harbor  about  6  p.  m.  on  the  9th  of 
ignst,  at  Liverpool,  and  a  signal  was  fired  in  her  case  tho  same  as  the  others. 
Then  she  anchored  I  boarded  her,  and  the  captain  reported  she  was  in  for  water. 
lold  him  it  was  then  too  late  to  report  at  the  customs  till  morning,  and  that  he 
Mtnot  allow  his  crew  on  shore ;  also  that  I  would  leave  two  men  ou  board  to  see 
b  he  did  not  otherwise  break  the  law,  and  that  my  instructions  were  carried  ou  c. 
ptbe  moniing  I  called  for  the  captain,  when  taking  the  Julia  and  Ellen's  captain 
pore.  When  there  I  told  him,  as  I  did  the  other,  that  his  men  could  go  ou  taking 
Iter  while  he  was  reporting,  bo  that  he  could  sail  when  he  returned,  and  not  bo  de- 
Jed.  This  they  did  not  do. 

Ihave  reason  to  know  that  it  was  not  water  this  vessel  came  in  for,  as  several  of 
ecrew  lived  there,  and  it  was  for  the  purpose  of  letting  his  men  ashore,  and  not  for 
'  ng  water,  that  he  put  in.  Ho  afterwards  emptied  six  barrels  of  water,  stating  that 
jet  were  sour,  and  fooled  all  day  fiUiug  them,  delaying  the  time,  that  ho  might  get 
l  crew  on  shore.  I  refused  to  allow  his  crew  on  shore  for,  any  other  purpose  than  to 
le  water,  after  completing  which,  the  weather  being  fine,  I  ordered  him  to  sea  ia 
Vevening, 

"e signals  that  were  fired  were  not  intended  to  make  them  come-to  quickly,  but 
lisignal  for  them  to  either  round-to  or  show  their  ensign. 

iftertbe  Shiloh  Kailed  the  harbor  master  informed  me  that  she  landed  two  men  at 
►month  of  the  harbor,  7  miles  down,  before  she  reported,  and  the  evening  she  8aile<l 
piled  after  dark  and  picked  them  up. 

TUflanj  "ases  it  is  an  understood  thing  between  the  captains  and  crews  to  let  the  men 
lore  and  then  make  out  they  have  deserted.  In  all  cases  where  a  vessel  puts  in  for 
pterthe  captain  reports,  and  the  rest  of  his  crew  ere  not  allowed  ashore,  as  the 
*'  ""y  put  in  for  the  privilege  of  shelter  and  for  no  other  purpose. 
mii  she  puts  in  for  water,  after  reporting,  the  captain  is  allowed  to  take  his  boats 
Mhemen  he  requires  to  procure  water,  and  the  rest  remain  on  board,  after  which 
Bordered  to  sea.  When  in  for  repairs  he  is  allowed  all  the  privileges  he  requires 
^reporting,  and  when  ready  is  ordered  to  uea.  In  all  oases,  except  when  in  for 
Prs,  I  place  men  on  board  to  see  that  the  law  is  not  violated,  as  many  of  those  ves- 
Jt  "'*"  ^'''^  harbor  and  make  taking  water  and  seeking  shelter  an  excuse  either 
"'  men  or  land  them,  or  to  allow  them  a  chance  to  see  their  friends,  or  to  get  goods 


40G 


EIGHTS   OP  AMERICAN   FISHERMEN. 


ashore  if  the  vessel  is  on  her  way  from  American  ports  to  the  fishing  grounds 
have  landed  men  here  and  at  other  ports  on  this  coast  in  my  absence.  ' 

In  one  case  in  this  port,  a  vessel,  finding  I  was  in  the  harbor,  let  men  takoawl 
and  land,  she  going  on  her  way  home  to  tlie  States.  That  is  why  I  put  men  on  thMi 
vessels,  to  keoj)  thorn  from  breaking  the  law  under  cover  of  night.  I  might  remark  1 
here  that  the  collector  of  customs  at  Liverpool  informed  mo  tliat  tho  Sbilohonhfrl 
previous  voyage  remained  in  port  five  days  after  being  ordered  out,  delaying  for  the! 
purpose  of  letting  the  men  be  with  their  friends.  .  I 

Now  that  they  are  not  allowed  all  the  privileges  they  once  enjoyed,  it  is  an  nntratj 
on  my  part.  ■ 

These  are  the  facts  connected  with  those  vessels  which  I  reported  to  Captain  Scot- 
while  in  Halifax  some  time  ago.    I  treat  all  courteously,  but  firmly,  and  find  no  tronl^ 
with  any  but  a  few  who  wisli  to  e^ade  tho  law. 
I  am,  &o., 

THOMAS  QUIGLEY, 

Oovernment  Cruiaer  Terror. 


FInclonnre  5  in  "So.  56.] 

Mr.  Attwood  to  the  Commiasioner  of  Cuatoms,  Ottawa. 

CusTOM-HousE,  Shelburne,  SepiemlerG,  1886, 
Sir  :  I  have  to  acknowledge  the  receipt  of  your  telegram  of  the  4th  instant  relatiTj 
to  schooner  Rattler,  and  I  wired  an  answer  this  morning  as  requested. 

On  the  morning  of  the  4th  ultimo  chief  officer  of  Terror,  accompanied  by  Capt.  i 
F.  Cunningham,  called  at  this  office.  Captain  Cunningham  reported  his  vessel  ia., 
wards  as  follows,  viz :  Schooner  Rattler,  of  Gloucester,  93  tons  register,  16  men,  froi^ 
fishing  banks,  with  465  barrels  mackerel,  came  in  for  shelter. 

I  was  afterwards  informed  by  the  officer  of  cutter  that  they  found  the  scboond 
the  evening  before  at  anchor  off  Sandy  Point,  5  miles  down  the  harbor.  Two  mei 
from  cutter  were  put  on  board,  and  the  master  required  to  report  at  customs  in  tJH 
morning.  I  was  also  informed  that  the  master,  Captain  Cunningham,  made  ana 
tempt  to  put  to  sea  in  the  night  by  hoisting  sails,  weighing  anchor,  &o.,  butwd 
stopped  by  officer  from  cutter. 
I  am,  &.O., 

W.  H.  ATTWOOD. 

CoUeelor. 


I  Inclosnre  6  in  tSo.  5G.] 

[Extract  from  tbo  l^ontreal  Gazette  of  October  13, 1886.1 

A  Fiaherman^a  Tale. — The  following  letter  which  appears  in  the  Boston  Herald  ooi^ 
veys  a  different  impression  to  many  statements  that  have  appeared  on  the  subject: 

"  So  much  has  been  written  and  printed  about  tho  experiences  of  American  fisherm 
in  Canadian  waters,  and  tho  indignities  put  on  them,  I  wish  you  would  open  jm 
columns  and  give  your  readers  an  insight  into  the  other  side  of  the  story.   I  eailij 
from  Boston  for  North  Bay  on  tho  16th  June,  not  knowing  just  what  tho  outtersvoul 
do  or  how  tho  law  would  be  interpreted.    I  neared  tho  coast  with  fear  and  anxietj 
Tho  first  land  sighted  was  White  Head,  and  immediately  cries  came  from  aloft,  'CnJ 
ter  in  sight,  ahead.'    I  rushed  to  the  deck,  found  the  vessel,  which  proved  tc  betj 
Howlet,  jommanded  by  Captain  Lowry,  uearing  us  rapidly.    At  time  of  8igbtin;:tM 
cutter  wo  woro  standing  inshore.    She  hoisted  her  flags  to  let  us  know  wbatshewj 
and   we  immediately  '  about  ship,'  and  put  to  sea  to  get  out  of  her  way,  for  kxti 
might  bo  j)laced  on  the  prize-list  of  the  captures.     We  finally  headed  up  for  ?«( 
Mulgravo,  in  Canso,  expecting  to  receive  rough  usage  from  the  authorities,  biitil 
our  surprise,  found  Collector  Murray  jvperfeot  gentleman,  willing  to  assist  me  asiffj 
he  could  without  encroaching  on  the  Cfanadi&n  laws.    From  there  we  put  in  st  Pj 
Hawkesbury,  and  boarded  tho  cutter  Conrad,  and  asked  the  captain  for  instrucwr 
in  regard  to  tho  three-mile  limit,  and  what  privileges,  if  any,  we  had.    I  was  answcrt 
in  a  courteous  and  hearty  way,  that  he  did  not  have  them  aboard,  but  would  j 
ashore  in  a  few  moments  and  get  me  a  printed  copy  of  the  regulations,  which  be  d 
and  asstired  us  that  if  we  followed  them  we  would  be  unmolested ;  that  he  wastB 
to  see  that  the  law  was  nof.  violated,  but  not  to  cause  unnecessary  annoyance.  'Ar 
receiving  instructions  from  the  captain,  thanks  to  him,  I  went  to  the  custflffl-liw 
and  entered  my  vessel,  paying  25  cents.     I  found  a  very  pleasant  gentleman  in  tM« 
lector,  who  did  all  in  his  [wwor  to  relievo  my  mind  and  make  us  comfortable.  Son"'* 
our  next  port  of  landing,  whoro  wo  also  reported  and  were  well  treated.   FromtiK 


BIGHTS   OF  AMERICAN   FISHERMEN. 


407 


we  went  to  Malpeqno,  where  wo  found  another  gentleman  in  the  collector.  Wo  met  the 
cotter  Howlet  at  (Jassumpoco,  and  had  several  intorviown  with  the  commander,  Captain 
Lowry,  whom  I  found  a  quiet,  just,  and  gentlemanly  ofllcor.  My  vessel  was  one  of 
the  fleet  ordered  out  of  harbor  by  him.  At  that  time  it  was  as  good  a  fish  day  as  one 
could  ask  for,  and  the  inntructions  were  plain  that  at  such  times  we  had  no  right  to 
remaiu  in  harbor.  At  no  time  is  there  mnch  water  to  spare  on  the  bar,  an  '  it  is  a 
common  occurrence  for  vessels  to  ground  in  going  in  or  out,  and  that  some  did  touch 
was  due  to  ignorance  of  the  channel  or  carolossness  on  the  part  of  captains.  At  the 
time  the  order  was  issued  the  weather  was  fair,  but  before  all  the  fleet  could  work 
ont  through  the  channel,  one  of  the  sudden  changes  in  weather,  so  much  to  be  dreaded 
on  such  a  coast,  came,  and  tlm  cutter  rescinded  the  order  and  the  fleet  returned.  It 
has  been  printed  in  a  Boston  paper  that,  owing  to  being  forced  to  sea  by  the  cutter's 
orders  in  bad  weather,  my  schooner,  the  Andrew  Burnham,  fouled  two  Englishmen, 
and  narrowly  escaped  serious  damage.  If  true,  it  would  look  like  a  hardship.  It 
vas  simply  thi»;  In  getting  under  way,  in  a  small  and  crowded  space,  finding  I  would 
uot  have  room,  I  tlropped  our  starboard  anchor.  That  not  holding,  we  let  go  the 
other,  and  it  brought  us  up  all  right;  not  much  in  this  to  point  to  as  an  outrage  or 
dangerfrom  stress  of  weather.  I  believe  Captain  Lowry  to  bo  a  man  who  would  carry 
oat  all  the  requirements  of  the  Cun.adian  laws,  but  I  saw  nothing  in  my  experience 
in  those  waters  that  could  be  considered  as  being  arbitrary,  or  taking  a  mean  advan- 
tage of  his  official  authority  to  annoy  any  one.  Captp.in  Lowry  has  been  a  master  of 
vessels  for  twenty-five  years,  is  a  man  of  high  reputation  as  a  seaman,  and  as  good  a 
I  jndpe  of  whether  the  weather  is  favorable  for  a  vessel  to  go  to  sea  as  any  man  who 
I  walks  a  deck,  and  when  he  ordered  the  fleet  to  sea  ho  went  himself,  and  I  know  he 
!  would  not  order  a  vessel  to  leave  harbor  if  there  was  any  danger  of  loss  of  life  or 
i  property.  We  reported  at  Cassumpeco,  and  w^ere  treated'  the  same  as  at  all  other 
[ports  wo  touched  at.  If  our  vessels  would  attend  to  reporting  at  the  custom-house, 
the  same  as  they  do  in  our  ports,  no  trouble  would  be  met  with. 

"If  wo  Lad  free  fish  it  would  give  the  Canadians  some  recompense  for  what  our 
{fishermen  want,  viz,  the  right  to  go  anywhere  and  everywhere,  use  their  harbors, 
lihipmcu,  got  provisions,  land  and  mend  our  nets,  buy  salt  and  barrels,  and  ship  our 
Icatchl'omo  by  rail  or  steamer  without  expense  or  annoyance,  the  same  as  we  have 
I  heretofore. 

"If  we  had  had  that  privilege  this  year,  myself  and  vessel  would  have  been  $5,000 

I  better  off  this  season,  and  all  the  fishermen  in  the  bay  would  have  been  in  the  same 

I  boat  witbnio.    I  do  not  say  that  I  am  too  honest  not  to  fish  within  the  three-mile  limit, 

iDordo  I  believe  there  is  a  vessel  in  the  fleet  who  would  not,  if  the  cutter  was  out  of 

iiglht.   1  made  two  trips  to  the  bay,  both  of  which  wore  very  successful,  and  I  lived 

I  up  to  the  requirements  of  the  law  as  well  as  I  knew  how,  and  did  not  find  them  ob- 

jnoxiousor  to  interfere  with  my  success,  and  everywhere  I  went  I  was  courteously 

[treated  by  the  officials,  especially  so  by  both  the  cutters.    Should  ic  bo  a  bay  year  next 

[sfason,  1  hope  to  meet  them  again.    Those  who  openly  preached  tliat  they  would  go 

jwheie  they  pleased,  do  what  they  wanted  to  in  spite  of  law  or  cutters,  shipped  men, 

Imoggled,  or  openly  fished  inside  the  limit,  and  indulged  in  the  satisfaction  of  damn- 

liDg  tu.  cutter,  the  captain,  the  Government,  and  everything  else  when  they  knew 

Ithey  cnnld  do  ili  with  imi)nnity,  and  that  the  men  they  were  talking  tc  could  not  ro- 

iKut  it  by  word  or  blow,  were  looked  after  sharp,  and  were  iiot  extended  the  courtesy 

|that  was  shown  so  many  of  us. 

"In  the  interest  of  fair  play,  I  could  not  help  writingyou  and  asking  you  to  give 

liisto  yonr  readers,  if  uot  taking  up  too  mnch  of  yonr  valuable  space. 

"Very  respectfully, 

"NATHAN  F.  BLAKE, 
"  Captain  Schooner  Andrew  Burnham,  of  Boston, 
"Boston,  OcloherQ,  188«.» 


No.  57. 

Sir  L.  West  to  Mr.  Bayard. 


Washington,  December  7,  lo36. 

Sir  :  I  am  instructed  by  the  Earl  of  LJdesleigh  to  communicate  to 
[oathe  inclosed  copy  of  a  dispatch,  with  its  inclosures,  from  the  officer 

draiuisteriag  tlie  Government  of  Cauatla,  expressing  the  regret  of  the 
I'ominion  Government  at  the  action  of  tlie  captain  of  the  Canadian  cut- 


408 


RIGHTS   OP   AMERICAN   FISHERMEN. 


ter  Terror  in  lowering  the  United  States  flag  from  the  United  Stitej 
fishing  schooner  Marion  Grimes,  of  Gloucester,  Mass.,  whiloi  that  vessel 
was  under  detention  at  Shelbume,  Nova  Scotia. 
I  have,  &o., 

L.  8.  SACKVILLE  WEST. 


(Inolosnre  1  In  Ko.  ST.] 

Aoting  Governor  Lord  A.  O.  Iiu$»ell  to  Mr.  Slanhope. 

Halifax,  Nova  Scotia,  Ocloher  27, 188C, 
Sir  :  I  have  the  honor  to  transmit  herewith  a  copy  of  an  approved  minute  of  tii«  1 
privy  council  of  Canada,  expresBing  the  regret  ot  my  Government  at  the  action  of  I 
the  captain  of  the  Canadian  cuttor  Terror  in  lowering  the  United  States  flag  from  th«  I 
United  States  fishing  sohoouer  Marion  Grimes,  of  Gloucester,  Mass.,  while  thatvcHKll 
was  under  detention  at  Shelbume,  Nova  Scotia,  by  the  collector  of  customs  at  tbitj 
port  for  an  infraction  of  the  customs  regulations. 

I  have  communicated  a  copy  of  this  order  in  oounoil  to  Her  Mujeaty's  ininiiit«r  at  j 
Washington. 

I  have,  &o.,  . 

A.  G.  RUSSELL, 

Qmml 


flnolMnre  2  In  No.  ST.] 

Report  of  a  committee  of  the  honorable  the  pt  f>y  oounoil  for  Canada,  approved  lyyurt^ 
celleticy  the  administrator  of  the  Govemmemt  in  oounoil  on  the  26th  October,  li^tJO. 

C  1  a  report,  dated  the  14th  October,  1886,  firom  the  Hon.  Mackenzie  Bo  well,  forthel 
minister  of  marine  and  fisheries,  stating  that  on  Monday,  the  11th  October  iDstaDtjf 
the  United  States  fishing  schooner  Marion  Grimes,  of  Gloucester,  Maaa.,  was  iinderf 
detention  at  Shelburne,  Nova  Scotia,  by  the  collector  of  customs  at  that  port  for  an 
infraction  of  the  customs  regulations;  that  while  so  detained,  and  under  the  BiineiJ 
lance  of  the  Canadian  Government  cutter  Terror,  the  captain  of  the  Marion  Grimei 
hoisted  the  United  States  flag. 

The  minister  further  states  that  it  appears  that  Captain  Quigley,  of  the  TcrrorJ 
considered  such  act  as  an  intimation  that  there  was  an  intention  to  rescue  the  ve&ielf 
and  requested  Captain  Landry  to  take  the  flag  down.  This  request  was  complia 
v/ith.  An  hour  later,  however,  the  flag  was  again  hoisted,  and  on  Captain  Landi] 
being  asked  "if  his  vessel  had  been  released,  and  replying  that  she  had  not,  CaptaiJ 
Quigley  again  requested  that  the  flag  be  lowered.  This  was  rolused,  when  Captaif 
Quigley  himself  lowered  the  flag,  acting  under  the  belief  that  wliQe  the  Marion  Grimef 
was  in  possession  of  the  customs  authorities^  and  until  her  case  had  been  adjndicalef 
upon,  the  vessel  had  no  right  to  fly  the  United  States  flag.  i 

The  minister  regrets  that  he  should  have  acted  with  undue  zeal,  although  Captsil 
Quigley  may  have  been  technically  within  his  right  while  the  vessel  was  iuthecir 
tody  of  the  law. 

Tlie  committee  advise  that  your  excellency  be  moved  to  forward  a  copy  of  tW 
minute,  if  approved,  to  the  right  honorable  the  secretary  of  state  lor  the  colonia 
and  to  Her  Hajesty's  minister  at  Washington,  expressing  the  regret  of  the  Cauadiij 
Government  at  the  occurrence. 

All  of  which  is  respectfully  submitted  for  your  excellency's  approval. 

JOHN  J.  McGEE,   , , 
Clerk,  Privy  CoMdll 


I -CORRESPONDENCE  BETWEEN  THE  DEPARTMENT  OF  STATE 
'     AND  THE  UNITED  STATES  LEGATION  IN  LONDON. 


No.  68. 
Mr.  Bayard  to  Mr.  Fhelps. 


|iio.m] 


Department  op  State, 
Washington,  May  11, 1886. 

Sib:  Witli  reference  to  your  telegram  of  the  9th  instant,  in  regard 
)  the  fisheries  question,  I  transmit  to  you  herewith  a  copy  of  a  note 

1 1  addressed  to  Sir  Lionel  West  yestcday  on  the  subject. 

I  am,  &c., 

T.  F.  BAYARD. 


[InoloTiire.] 
I  Mr.  Bayard  to  Sir  L.  West,  May  10,  1866.    (For  inclosnra,  see  No.  4,  p.  6.) 


No.  59. 


Mr.  Bayard  to  Mr.  Phelps. 


10.303.1 

I    • 


Department  of  State, 

Washington,  May  21, 1886. 
With  reference  to  my  instruction  No.  289  of  the  11th  instant, 
Dsmltting  to  you  a  copy  of  my  note  of  the  10th  of  this  month  to  Sir 
jjonel  West,  Her  Britannic  Majesty's  minister  at  this  capital,  concern- 
;the  fishery  question,  I  now  inclose  for  your  information  a  copy  of  a 
rther  note  on  the  same  subject,  which  I  addressed  to  Sir  Lionel  West 
rterday,  inclosing  also  a  copy  of  the  report  of  the  United  States  con- 
•Igeneral  at  Halifax,  which  is  referred  to  in  my  note  to  Sir  Lionel 
N. 

I  am,  &c., 

T.  F.  BAYARD. 


[Inolonire.] 

•  Bayard  to  Sir  Lionel  West,  May  20, 1886.    (See  No.  6,  p  10.) 

409 


410 


RIOIITS   OP   AMERICAN   FISHERMKN. 


(InoluBuro  No.  2  with  No.  303.] 

Mr,  rhelan  to  Mr.  Vorler, 

No.  82.]  United  States  Consulatk-Gknkrai,, 

Halifax,  May  Vo,m. 

Sir  :  As  iuBtnictod  by  inossago  from  tlio  lionorablo  Socrolftry  of  Statn  to  persontl'i  I 
roi)ort,  fully  and  carefully,  all  the  facts  and  proceedings  connected  with  the  m\im\ 
of  the  Aincricau  scliooncr  David  J.  Adams  by  nnned  men  from  the  CiinHdian  xteam- 1 
ship  Lansdowiie,  I  loft  Halifax  for  St.  John  May  10  as  soon  after  receiving  the  m»| 
sago  as  the  means  of  travel  would  permit.  After  leaving  I  learned  that  tlie  vewl  I 
had  been  taken  back  to  Digby,  when*  I  i)roceeded,  and  found  her  anchored  clixie  to 
the  Lansdowne  in  Digby  Harbor.  Shortly  after  my  arrival  Captain  Scott,  of  the 
Lansdowne,  fonnally  transferred  the  custody  of  the  vessel  to  the  collector  of  the  port  I 
of  Digby  to  bo  hehl  on  a  charge,  as  tho  collector  informed  mo,  of  violating  thecn*! 
toms  act  of  1883,  the  penalty  being  $400.  Ho  said  if  this  sum  was  paid  and  the  vet- 1 
sel  not  claimed  by  tho  minister  oriisheries  ho  would  release  her.  On  tbo  following 
morning,  in  order  to  got  at  tho  facts  in  connection  with  the  seizure,  I  addre«8cdauot«] 
to  tho  collector  asking  him  to  furnish  me  a  copy  of  tho  chatges  against  the  veosel, 
He  replied  verbally  that  the  vessel  passed  out  of  his  possession,  and  was  again  in  Cap- 1 
tain  Scott's  custody.  I  then  addressed  Cajptaiu  Scott  a  communicationu!ikingliimto| 
state  in  writing,  fully  and  specifically,  with  as  little  delay  as  possible,  why  ho  fcl 
tained  this  vessel.    (A  copy  marked  A  attached.)  I 

Captain  Scott  replied  by  referring  mo  to  the  deputy  minister  of  fisheries  in  Ottan 
(Reply  attached  marked  B.)  The  refusal  of  Captain  Scott  to  give  this  informatioD,  I 
whicli  I  had  a  right  to  have,  even  without  asking  for  it,  was  not  only  diacourteonslo} 
me,  but  ati  indignity  to  the  na)  on  whose  vessel  he  seized.  The  nest  morning  I  heard 
that  a  process  in  an  admiralty  suit  against  tho  schooner  was  served  on  tho  veml.  1 
went  on  board  and  found  that  the  process  was  served  by  afilxing  to  the  most  with 
nails  what  I  supposed  to  be  a  warrant  or  summons;  no  part  of  which,  except  Iheia- 
dorsement,  was  visible.  I  requested  permission  from  tho  person  in  charge  of  tii« 
schooner  to  take  down  *his  process  so  that  I  might  road,  and,  if  possible,  ascertain 
from  its  contents  what  ofi'enses  were  charged  against  this  vessel.  My  request  was  re- 
fused ;  and  right  hero  I  may  remark  that  it  seems  a  strange  course  of  proccJureto 
serve  a  party  with  a  process  to  appear  and  defend  a  suit,  and  then  prohibit  that  parly 
and  those  interested  in  his  protection  and  defense  in  respect  to  that  suit,  fromseoin; 
or  inspecting  the  process  thus  served.  Tho  frequent  changes  as  to  tho  custodiuusof 
this  vessel,  the  mysterious,  secret,  and  unexplained  movements  of  these  officials,  and 
their  refusal  to  set  forth  any  of  the  alleged  ollonses  charged  to  the  vessel,  was  luoit 
aggravating. 

All  the  parties  to  the  controversy  were  on  the  ground,  and  want  of  knowledge  could 
not  bo  urged  as  a  reason  why  this  information  was  withhold.  Not  until  aft^r  my  ar- 
rival in  Halifax,  on  the  14th  of  May,  did  I  receive  the  slightest  intimation  of  tli«| 
charge  against  the  vessel,  but  on  tho  contrary  every  ellbrt  was  made  to  conceal  it. 
All  I  could  do  uuder  tho  circumstances  was  to  serve  Captain  Scott,  and  tho  person  ia 
charge  of  the  schooner,  with  protest  (marked  C).  Captain  Scott  arrived  in  Hi»lif«j 
on  tho  12th.  On  the  14th  he  sent  me  a  second  reply  (marked  D),  in  which  hoslattd 
that  tho  vessel  was  seized  for  a  violation  of  tho  imperial  statutes  in  entering  a  portj 
for  other  than  a  legal  purpose. 

The  facts  in  this  case,  as  I  obtained  them  from  Captain  Kinney,  are  as  follows 

The  David  J.  Adams  entered  Digby  Bay  on  Wednesday  evening.  May  5, 1H86.  Hi 
captain  purchased  from  a  fisherman  named  Ellis,  residing  at  the  entrance  of  Digb] 
Bay,  nearly  five  barrels  of  bait.    On  Thursday  he  purchased  from  several  flshenneii 
whose  names  he  did  not  know,  nearly  seven  barrels  of  bait.    He  then  brought  hi' 
vessel  to  anchor.    It  appears  that  this  man  Ellis  had  promised  to  sell  this  baitto 
Canadian  captain  named  Sproulo  for  7."}  cents  per  barrel,  but  getting  %VX}  bom 
captain  of  the  David  J.  Adams,  sold  it  to  him.     The  Canadian  captain  report* 
the  sale  to  the  collector,  who  telegraphed  for  tho  Lansdowne  which  arrived  anni 
the  night.    On  Friday  rooming  the  David  J.  Adams  in  sailing  out  of  the  basin,  wi 
hailed  by  a  boat  from  the  Lansdowne  and  came  alongside,  the  commander  of  wr 
asked 'tho  name  of  the  vessel  and  that  of  her  owner,  where  she  was  from,  anal 
business  in  the  basin.    Being  answered  by  the  captain  in  his  own  way,  the  boat 
turned  to  tha  Lansdowne  without  ordering  the  vessel  to  sea.    The  schooner  o 
tinned  hor  course,  but  ran  aground,  and  while  in  this  position  she  was  boardedasecoi 
time.    The  officer  in  charge  stated  that  ho  had  orders  from  Captain  Scott  to  seaici 
the  vessel,  and  immediately  proceeded  to  carry  out  the  order,  and  found  some hernr 
The.  captain  was  asked  how  old  they  were.     He  replied  about  ten  days.   T"*"' 
again  returned  to  tho  Lansdowne  and  brought  to  the  schooner  a  new  officer,  w 
examined  tho  vessel  and  returned  to  the  Lansdowne.    The  fourth  visit  to  the  '^ 
ael  brought  Captain  Scott,  who,  in  the  name  of  the  Queen,  seized  hor.    On  8»ti 


RIQHTS   OF  AMERICAN    FI8HGRMEN. 


411 


slierlos  in  Ottawn, 
I  tbis  iuformatioD,  I 
ily  diacourto^Dttol 
Ltmorninglbetnll 
il  on  tbo  vessel.  l| 
to  the  raaatwilhl 
,ch,  except  theiii- 
in  charge  of  tii«j 
posmble,  asceitali  I 
tly  request  was  re- 1 
•80  of  procedure tol 
>robibitthati)artr| 
t  suit,  from  seeing  I 
9  tbecaBtodlanaofl 
tbeBeotIicial8,aiidl 
le  vessel,  wa.s  luMtl 


giorniuK  the  vchhoI  was  taken  to  St.  Joliii,  N.  B.,  and  on  Sunday  sho  wns  rntnrnod  to 
Uijjliy,  the  pbico  of  ciipturn. 

Amiii  liad  l>een  bo^nu  in  the  HUiirume  court  of  Nova  Scotia  at  Ilulifux  in  tbu  nariio 
oftiie(j<i<'*'"  "K't'"'*^  ^1^*"'  Kinney,  niaHter,  in  wbicli  the  followiniL;  claim  \h  niiule, 
iiaiiH'ly,  for  £!i<W  Htcrling,  equal  to  9973.3:i,  for  violation  of  a  ct^rtain  convention  bo- 
twpoii  liiH  late  Mnjosty,  Georj?o  the  Third,  Kinjj  of  Great  Britain  and  Ireland,  of  tbo 
one  part,  and  the  L'nited  Siatca  of  America  of  the  other  part,  made  on  the  '^oth  day 
o(  October,  A.  D.  1H18,  and  for  violation  of  the  act  of  Parliament  of  Great  Britain  and 
Ireland,  made  and  paHsed  in  tlie  lifty-ninth  year  of  the  roiKO  of  liiu  late  Majesty, 
George  the  Third,  King  of  the  United  Kingdom  of  Great  Britain  and  Ireland,  being 
cliaptiT  ;!H  of  the  acts  of  tbo  said  last  Parliament,  and  pawned  in  Haid  year.  In  addi- 
tion to  the  above,  an  action  has  been  inHtituted  in  the  vice-admiralty  court  at  Hal- 
ifax to  have  the  vessel  and  cargo  forfeited.  Tbo  charges  arc  (1)  that  she  vi<dated 
the  treaty  of  1818 ;  (2)  that  she  violated  the  proviaions  of  the  act  5!l,  George  the  Third  : 
(;!)  that  she  violated  the  provisions  of  chapter  61  of  the  Canadian  acta  of  1870,  and 
chapter  23  of  the  acts  of  Canada,  1871.  Also  a  suit  was  instituted  later  for  violating 
tbe  customs  act  of  Canada  for  1883.  Under  tbis  act  it  is  charged  that  the  vessel  did 
iiotreport.  her  arrival  at  Digby  to  the  customs  ofllcer.  Digby  is  a  fishing  village  with- 
ont  a  corporation,  and,  so  far  as  I  could  learn,  and  I  made  special  inquiry,  the  harbor 
is  not  defined,  and  the  practice  has  been  that  only  vesmds  having  business  at  Digby 
entered  at  t ho  oiistom-house.  The  records  of  the  office  will  show,  and  the  collector 
adiiiitttd,  that  during  his  forty  years'  service  tislieruion  went  in  and  out  the  bay  at 
pleasure  and  were  never  required  to  report.  It  is  very  plain  that  this  suit  was  not 
instituted  to  vindicate  the  law,  as  the  vessel  was  not  apiirohonded  on  that  charge, 
lint  institiied  to  annoy  and  harass  our  fishermen.  The  other  suits  are  for  violating 
the  treaty  of  1818,  and  statutes  made  under  it.  I  conlidently  nsport  that  the  only 
oliarKo  n^ainst  the  vessel  that  can  bo  sustained,  or  that  she  is  guilty  of,  is  purchasing 
tisli  in  British  wfjters. 

My  conclusions  are  therefore  as  follows : 

(1)  That  the  David  J.  Adams  was  not  fishing,  had  not  fished,  and  was  not  pro- 
jiariui;  to  fish  in  British  waters. 

{'i)  She  did  not  conceal  her  name  nor  attempt  to  conceal  her  name. 

(li)  She  did  not  report  to  the  custom-house  at  Digby,  because  she  did  not  enter  the 
harbor  of  Digby,  but  only  Digby  Basin. 

(4)  She  i)nrcha.sed  twelve  barrels  of  lisli  for  bait  in  British  waters  for  deop-soa  fish- 
ing, and  not  to  fish  in  such  waters. 

I  am,  sir,  your  obedient  servant,  , 

M.  H.  PHELAN, 

Conaul-General. 


[TnoloRure  1  with  Mr.  Phelan's  No.  32.] 
Afr.  PheJun  to  Captain  Scott. 


are  as  follows: 

May5,lH86.  Ha 

entrance  of  Dm 

several  fishermeiJ 

^  then  brought  hii 
)8ell  this  bait  tof 

Bing|U5froniW 
1  captain  reported 
ich  arrived  dnriM 
t  of  the  basin,  rt 
mraanderofwliia 
was  from,  and  r 
1  way,  the  boatn 
The  schooner «« 
18  boarded  a  seconf 
aiu  Scott  to  seaitj 
bund  some  lierri" 
u  days.   Tbet 
a,  now  officer,  «2 
,h  visit  to  the « 
her.    OuSata 


Consulate  Gknkkal  of  tub  United  States,  ITaupax, 

Digbj/,  Aora  Scotia,  May  11, 1880. 
Captain  Scott,  Fisliery  Officer, 

Commanding  S.  S.  Lanadowne : 
Sir:  It  has  been  been  brought  to  my  knowledge  that  certain  offlcers  and  men  of 
the  8.  S.  Lanadowne  boarded  the  American  schooner  David  J.  Adams  on  the  coast  of 
Nova  Scotia,  and  by  force  took  therefrom  the  master  and  crew  of  said  sc'iooner,  and 
that  the  said  American  shooner,  David  J.  Adams,  is  now  in  your  possession  and  custody, 
and  held  by  you  as  commander  of  the  Canadian  marine  police  against  tho  owners  and 
master  thereof. 

Therefore,  itbecomes  my  duty,  as  consul-general  of  the  United  States  for  tho  maritime 
provinces,  to  ask  you  to  state  in  writing,  fully  and  specifically,  with  as  little  d'd.ay  as 
[tosnible,  why  you  detain  cuch  Aessol,  and  refnao  to  restore  her  to  the  lawful  owners 
and  master. 
I  am,  &c., 

M.  H.  PHELAN, 
C<miul-General  UHtted  States, 


f  r 


412 


RIGIITH   OF   AMERICAN   FISIIIsUMEN. 

(Inoloauit)  2  vitb  Mr.  PholaD'H  No.  8'J.l 
Captain  Scolt  to  Mr.  I'helan. 


Canadian  Govkunmknt  S.  H.  IjAnhkownk, 

IHgby,  Mova  Scotia,  Man  U,  ii^; 

Sir:  I  am  in  rocoipt  of  yotir  lottar  of  thiH  dny'M  diito,  r<M|uirlnjt  to  know  why  I  have 

«l«tuino(l  tlio  American  tlHliin^^  jolinonor  J>.  J.  Ailanm,  iiinl  in  ic[>ly  would  licjr  ( f  ..„„ 

to  apply  U)  tho  <l«iMity  niiniaUir  of  (ishcricM  in  Ottawiv  for  an  aimwor,  uh  1  mniwtiiii 

nn(l»r  iuHtruction.  '' 

I  Iiavo,  titu., 

P.  A.  8C01T. 
Captain  Commatidhig  Ihv  Marine  I'ulin 
The  Hon.  M.  H.  Piirlan. 

Connul-General  for  the  United  States. 


[lucloHuro  3  with  Mr.  I'holan'n  No.  82.) 
Protest  of  Cajitain  Kcnncy,  of  the  David  J.  Adams. 

To  Captain  Scott,  commandiiKj  the  Marine  Police,  and  all  othn-  persons  whomnoernm- 
ing,  holding,  or  detaining  the  schooner  David  ./.  Adams: 
Take  notice  that  tho  undorHignod  horoby  protest  and  olijcct  aRainNt  tiio  iliojjalwiz. 
ure  and  detention  of  Hiiid  veHsol  ntid  her  appurtenances,  and  dcnuiiid  the  injnic(li.ii6 
restoration  of  said  vessel  to  tho  undersitjued,  the  lawful  master. 

And  farther  take  notice  that  the  owners  of  and  jtartius  interested  in  said  vcssfliu. 
ton<l  to  hold  tho  parties  who  seized  said  vessel,  as  vn'W  as  those  whc^  may  Imvi;  hit  in 
their  custody,  or  who  !>::'y  detain  her,  liable  for  all  damages  consequent  upon  (In ir 
seizure  and  detention. 

ALDEN  KINNKY, 
Master  David  J.  Admu. 
DiOBY,  May  12,  188G. 

Coautcrsiguod  and  ooucurrod  iu  by 

M.  H.  PUELAN, 

Consul-Oencral  of  the  United  Slates. 


[InolosiM<  4  with  Mr.  PhelanV   io.  82.} 
Deposition  of  the  captain  and  crew  of  tlie  David  J.  Adams. 

In  the  matter  of  the  seizure  of  the  United  States  schooner  David  J.  Adams,  of  Gloa- 
cester,  now  held  by  tho  Dominion  of  Canada. 

We,  the  captain  and  crew  of  the  schooner  David  J.  Adams,  of  Gloucester,  Maes.,  in 
the  United  States  of  America,  depose  and  saith  under  oath,  as  follows:  I,  Capain 
Aldeu  Kinney;  I  am  25  years  old ;  occupation,  seaman ;  citizen  of  tho  Uuited  States. 
What  is  your  present  occupation  T  Master  of  tho  David  J.  Adams.  What  la  hor  ton- ! 
nage  t  Sixty-six  register.  Owned  by  Cape.  Jesse  Lewis.  We  left  Gloucester,  Ma 
for  Eostport,  Me.,  for  bait  on  or  about  tho  10th  day  of  April  last.  We  ani  vod  at  East- 1 
port.  Me.,  on  V  ^  following  Monday,  April  12,  and  got  bait  and  prccecded  to  the 
Banks.  ^Teflsb.  i  for  several  days,  say  about  twelve  days,  and  set  outforaudrf- 
turneu  vo  Ea-ii  o  ti,Me.,that  being  a  central  station  as  a  general  thing  for  fishennen's 
headquarters  ui:  this  season  of  the  year  for  bait  and  other  supplies.  We  again  left 
Eastport  for  the  Banks  and  put  into  Digby  Basin  about  11  o'clock  on  the  Othdayof 
May,  and  we  anchored  under  Lower  Granville.  We  got  under  way  the  next  morning 
at  about  5  o'clock,  bound  out.  The  reason  we  could  not  get  out  was  on  account  of  the 
wind  dying  away,  and  wo  drifted  back  with  tho  tide.  We  sailed  up  off  of  Digbr 
Town  and  tacked,  anchoring  off  of  or  about  Bear  Island.  This  was  about  10  o'clock 
in  the  forenoon.  Not  being  satisfied  with  the  place  wo  layed  we  shifted  further  up 
the  basin,  say  about  two  miles  further.  We  again  anchored  there  until  5  o'clock,  got 
under  way,  and  shifted  to  another  part  of  the  basin  and  anchored  until  Friday  uiom- 
ing  about  4  o'clock.  We  then  got  under  way  and  started  to  go  out  of  tho  basin  into 
the  Bay  of  Fondy.  Shortly  after  we  got  nnier  way  a  boat  from  the  steamer  lying  off 
the  harbor,  which  proved  to  be  the  steamer  Lansdowne,  of  the  Dominion  service,  was 
seen  coming  toward  us  and  we  continued  our  course  as  Ave  were  before  we  saw  tho 
boat  coming.  The  boat  caught  up  to  us  when  we  were  about  a  mile  and  a  half  from 
our  recent  anchorage  of  tho  night.  The  officer  on  board  the  boat  asked  us  wbero  m 
hailed  from,  and  tho  vessel's  name  and  tonnago;  captain's  name  and  owner's, sm 


KIOIITS   OF   AMEKICAN   F.^UHKUMEN. 


413 


•hitl  wo  were  thoro  for,  and  If  wo  IumI  any  Imic  in.    RoouiviuK  I'y  rnply  (cuptaiu'H) 
ihi.  iMittt  rowcil  away.     \V«  Mtill  roiitiinuxl  on  oui-  couiho  until  we  got  into  Ht.  (Joorgn'H 

I  I'lijiiiiiol  (tlii\v  cullt'il),  and  uroiindtHi  ut  low  water, and  tliitro  ntuiainod  agronnd  for 
alKiut  two  ImiiiH,  and  alter  iloatiiiK  tho  tido  waH  too  8tron>?  for  \\h  to  i)ro<;o«(d  out  of 
ilii<  k\m.  V.''>  wuro  at  that  time  again  boarduil  by  tho  Hanio  lioat  an<l  onicor  of  tho 
i,aniMln»ius  who  wsarchcd  our  vcnhcI.  Tho  otllct  r,  on  boarding  with  arniml  nion.Haid 
liiiit  111!  "iiH  ordort'd  by  Captain  Scott  to  waroh  tho  vhhs*?!,  which  thoy  did  by  conung 
oil  liiijird  ami  examining  tlio  hold  of  tho  vitwel  and  dillorcut  parts  of  tho  deck.  Thoy 
siatt'd  t"  Captain  Kinney  that  gome  herring  waH  bolow  in  tho  ludd,  and  we  anMwereil 
ili.'it  tlii'V  were  ten  dayN  <dd.  Tlie  oHleor  of  LanNdowiio  and  boat  returned  to  thoir 
^liiii.  AiliTwaitlH  the  LauHdowne  boat  boarded  iin  for  tin.  third  time,  and  brought  an- 
citliir  (illicei,  whom  1  underhtand  was  (Japtain  Dakin,  who  also  entered  Iiold  and  «'X- 
;iiiiiiiiil  tlif  lieniiig,  and  then  returned  to  their  vt  hhcI.  Again  for  the  I'onrth  time  tho 
Mini! i)llli'i'i'.s  mid  crew  of  tho  LauMdowne  boarded  uh,  who  inforimul  usthat  we  would 
Ik  liclil  lii'if  ill  l^'K^iy  for  Home  time.  Wo  were  ordereil  by  tho  same  otHeor  to  bring  oiir 
^^s!ll'l  III  lliu^'y  **"•'  *"  anehiir   .«  lu^ar  as  jiossible  to  tho  steamer  Lansdowne,  which 

(orilirwiu)iio.\ed.  This  was  ("ne  inoriiiii;;;  of  May  7.  Tho  same  boat,  after  bing  towo<l 
iiji  totlio  town  by  UH,  cast  oil'  from  us  also  ;  tlie  ollici^r  and  crow  in  charge  went  on 

I  taril  liin  vcHHt'l.  iSoon  after  an  ollicer  boarded  us  and  ordered  ns  to  lower  our  sails 
and  uwiiit  I'lirlhcr  orders.    About  four  hours  afterward  Cai>tain  Hcott  ordered  tho 

j  Iwdlus  iciuove<l,  and  he  ((xanuned  the  vAUyo,  and  rt  Miming  to  the  di^ck  of  our  ves- 

L'l Civplikin  Hcott  said  ho  liad  Boi/.ed  us  in  tho  (^ue<;n's  name.     Then  Captain  Scott 

;  iiutilicil  im  that  we  might  go  on  shore  to  the  America  i  consul,  and  said  he  would  at 

j  (111(0  rot  urn  with  Lansdowne  and  tho  schooner  David  J.  Adams  to  St.  John,  N.  It. 
WVniimiiird  on  board  our  own  vessel  during  t  !iat  night  under  charge  of  live  armed  men 
(if  till)  Liuisilowne's  crow.  Saturday  morning  early  ill  of  ns  and  our  cajilain,  with 
llie  i'Xcci)tion  of  throe  of  our  men,  were  ordered  on  board  tho  Lansdowne.     Wo  woro 

I  ilii';i  takini  to  St.  John  and  went  on  shore,  according  to  tho  order  of  tho  night  previ- 
dustdgooii  Nhore.    Our  captain  took  tho  papers  and  articles  belonging  to  the  l)avid 

[j.  AdauiHwitli  him  on  shore.    Our  vessel  was  towed  to  St.  John  at  the  same  time  and 

I fetiiR'd  to  the  Lansdowne  with  chain  cable,  both  lying  at  tho  wharf  at  St.  John. 
TlievosNol  was  there  on  Sanday  morning,  when  I  wis  informed  by  an  oflicer  of  tho 

'hiisilowiin  that  they  were  going  to  remove  her  to.iigby.     I  was  told  that  I  could 

Irclnrii  to  Digby  in  the  vessel  it  I  chose,  or  rjtherwJHe  takeout  my  personal  otfocts 
ami  that  of  tho  crew.    Tho  Lansdowne  and  our  vessel  then  left  St.  John.     On  Wed- 

[liiMlay,  the  l^th  day  oH  May,  on  our  arrival  in  Digby,  Captain  Scott  came  to  mo  aa 
(upiiiin  of  tho  D.  J.  Adams  and  demanded  hor  rog  stor  of  (<iid  vessel  before  I  had 

j  laiultd  from  tho  steamboat,  which  I  refused  to  give  up. 
yiicstion.  Captain,  there  is  a  charge  that  you  concualod  tho  name  of  your  vessel  by 

|l;Rkiiig  canvas  or  by  othoi  means  ot  covering  the  name  on  tho  storu  of  the  vessel  t 
(':i|itain  Kiuney  answere  that  ho  denies  tho  chario;it  is  not  true.     Inevurcou- 

licali'd  uor  attempted  to  conceal  tho  name  of  tho  vessel. 
Dill  you  ever  fish  or  attempt  to  lish  in  British  watara  during  this  season  f 
('a]itaiii  answers  that  ho  never  did  ;  that  ho  never  (,aw  tho  land  from  w^ete  I  lished. 
Ilti|isea  lisbing  is  the  only  fishing  that  wo  are  engsi.ged. 
Did  you  ever  buy  bait  or  attempt  to  buy  bait  for  .ho  purpose  of  tisbing  in  Britirii 

I  waters? 
No,  sir ;  I  did  not. 
Did  you  corao  into  Digby  Basin  to  buy  bait  for  t,bo  purpose  of  fishing  in  British 

Iwatiiii  during  this  season  T 
Answer.  No,  I  did  not. 
Did  you  purchase  bait  or  attempt  to  purchase  bait  wliilo  at  anchor  above  Boar 

iRiveri 
Answer.  No,  I  did  not.  ALDEN  KINNEY, 

Master. 

We,  tho  undersigned  seamen  or  crow  of  tho  schooner  David  J.  Adams,  of  Gllouces- 
jtir.Mass.,  in  tho  United  States  of  America,  being  proseut  and  having  hoard  t'le  'ibuvo 
jtetiiiioiiy  of  Capt.  Aldcn  Kinney,  and  wo  all  bcin^,',  under  oath,  do  certify  that  the 
liuuioistrue  to  our  best  knowledge  and  belief  and  ^\o  know  no  other  fact  biaring  on 
|or  iu  counection  with  this  case. 

Samukl  Hoopku.  Isaiau  lionicuTs. 

James  Swinkboug.  John  Beaton. 

John  Brov/n.  Elro\  I-riou. 

E.  D.  Simmons.  Fred.  Fi.scheu. 

Joseph  Boucuin.  Joseph  Hknlky. 

Frank  Arnesen.  Calvin  Cook. 

Sworu  aud  subscribed  before  me  at  Digby,  Nova  Scotia,  May  13, 1886. 
fsKAL]  M.  H,  PHELAN, 

Conaul-General,  United  Slates. 


414 


BIGHTS   OF   AMEKICAN   FISHERMEN. 


[Iiibludurc  5  with  Mr. PLeloiiH No. 82.] 

Captain  Scott  to  Mr.  Phelan. 

Canadian  Steamer  Lansdowne, 

Digbij,  May  12, 1886, 
Rnt-  !>«  vniilv  to  .voiirloUer  of  the  11th  iustaut,  I  am  difected  by  the  minister  of 
iiiariiKi  and  iiHliorii'o  to  Htutu  to  yva  LiiuL  i/liu  Duvid  J.  AdairiH  watt  Hoizud  for  u viola- 
tion of  tb(!  Cunadiixn  cnstouiH  act,  aud  also  for  a  violation  of  tho  iiiiiwrial  statutofor 
I'Utorinf^'  a  port  Ibrotbcr  than  legal  purposes. 
I  am,  sir,  your  obedient  scrvAnt, 

P.  N.  SCOIT, 
Captain  and  Fwhery  Commmioner 
Tbc  Hon.  M.  H.  Piiklan, 

Conaul-Ocneral,  United  Stales, 


No.  60. 


Mr.  Bayard  to  Mr.  Phelps. 


No.  310.] 


Department  of  State, 
Washington,  June  1, 1886. 
SiK:  With  reference  to  my  iustriictions  No.  289,  of  the  lltlmltimo, 
aud  No.  303,  of  the  same  mouth,  transmitting  to  you  for  your  infornitt- 
tion  copies  of  my  recent  notes  to  Sir  Lionel  Wes*^  concerning  tlie  fish 
erics  question,  I  now  inclose  herewith  for  your  further  information  two 
copies  of  a  note  which  I  addressed  on  the  SOth  ultimo  to  Iler  Britannic 
Majesty's  minister  at  this  capital  in  relation  to  house  of  comiiioiisbiil 
No.  130,  now  pending  in  the  Dominion  Parliament,  entitled  "An  act 
further  to  amend  the  act  respecting  fishing  by  foreign  vessels." 
I  am,  &c., 

T.  1\  BAYAED. 


{lucIoBure.J 


Mr.  Bayard  to  Sir  L.  West,  May  29,  ISSG.    (See  No.  8,  p.  — .) 


No.  61. 


Mr.  Phelps  fo  Mr.  Bayard. 

No.  293.]  Legation  of  the  United  States, 

London,  June  6, 1886.    [Received  June  14.] 

SiK:  I  have  the  honor  to  inclose  herewith  tho  copy  of  a  note  whiflii 
1  have  this  day  addressed  to  tho  Earl  of  Kosebery,  Her  Majesty's  prin 
cipal  seeretary  of  state  for  foreign  affairs,  on  the  subject  of  the  Cana- 
dian fisheries,  embodying  the  substance  of  the  views  which,  under  in- 
structions from  the  Department  of  State,  I  have  already  presented  to 
bis  lordship  orally  in  various  interviews,  aud  of  the  arguments  adduced 
in  support  of  the  same. 
I  have,  &c., 

'  E.  J.  PHEIPS. 


BIGHTS   01'^   AMEE^CAN   FISIIEUMEN. 


415 


[Invlosure  with  Mr.  Pbolps's  No.  203.] 

Mr.  Fheljii  to  Lord  Hoaehery, 

Legation  of  txik  United  States, 

London,  June  2,  1880. 
f  MyLoi'd:  Siiico  tbo  couversiitiou  I  Lad  tlio  honor  to  bold  with  your  lordHbip,  on 
I  iii^  luorniiig  of  tlio  tJDth  ultimo,  1  liavo  recoivod  from  my  Govorumeut  a  oonj'  of  tlio 
I  i^poft  „f  tbo  cousul-geucral  of  tho  United  States  at  llaUiax,  giving  full  details  and 
(leiiositioDH  relative  to  the  seizure  of  the  David  J.  Adanm,  and  the  correspondence  be- 
Itween  tbo  consul-general  and  the  colonial  authorities  in  reference  thereto. 

The  report  of  tho  consul-general  and  the  evidence  annexed  to  it  appenrfully  to  sua- 
!  tiiiii  tho  point  subiuitted  to  your  lordship  in  the  interview  above  referred  to,  touching 
lie  seizure  of  this  vessel  by  the  Canadian  oflicialb. 

I  do  not  understand  it  to  be  clainied  by  tho  Canadian  authorities  that  tho  vessel 
fwized  had  been  engaged  or  was  int'jndiug  to  engage  "  a  iishing  within  any  limit  pro- 
libiled  by  tho  treaty  of  1818. 

The  occupation  of  tho  vessel  was  exclusively  deep-sea  Iishing,  a  business  in  which 

lit  liiid  a  perfect  right  to  bo  employed.    Tho  ground  upon  which  the  capture  was  made 

[was  that  tbo  master  of  the  vessel  had  purchased  of  an  i.ihubitant  of  Nova  Scotia, 

[near  tho  port  of  Digby,  in  that  province,  a  day  or  two  before,  a  small  quantity  <^f  bait 

[to be  used  in  fishing  in  the  deep  sea,  outside  the  three-mile  limit. 

[  Thoquestiou  nresented  is  whether,  under  the  terms  of  the  treaty  and  the  conptruc- 

Itioniilaced  upon  them  in  practice  for  many  years  by  the  British  Government,  and  in 

iviewoftbo  existing  relations  beiweon  the  United  States  and  Great  Britain,  that 

[trausaction  atl'ords  a  sufficient  reason  for  making  such  a  seizuie  and  for  proceeding 

Inndwitto  tbo  conliscation  of  the  vessel  and  its  contents. 

I  am  not  unaware  that  tho  Canadian  authorities,  conscious,  apparently,  that  tho 

affiniuitiveoftbis  proposition  could  not  bo  maintained,  deemed  it  advisable  to  sup- 

Ipleinent  it  with  a  charge  against  the  vessel  of  a  violation  of  tho  Canadian  customs 

Ijct of  1883,  in  not  reporting  her  arrival  at  Digby  to  tho  customs  officer.    But  this 

Icharge  is  not  the  (nie  on  which  the  vessel  was  seized,  or  which  must  now  be  princi- 

Ipaliy  relied  on  for  its  condemnation,  and  stbndiug  alone  could  hardly,  oven  if  widl 

Ifounded,  be  tbe  source  of  any  serious  controversy.     It  would  be  at  most,  under  the 

Itircnmstauccs,  only  an  accidental  and  purely  technical  breach  of  a  custom-house  reg- 

liilatioii,  l)y  which  no  harm  ;vas  intended,  and  from  which  no  harm  came,  and  would 

liQ  ordinary  cases  be  easily  condoned  by  an  apology,  and  ijcrhaps  tho  payment  of 

Icosts. 

lint  trivial  as  it  is,  this  charge  does  not  appear  to  be  well  founded  in  point  of  fact. 

Dinby  is  a  small  fishing  settlement  and  its  harbor  not  defined.  1'ho  vessel  had  iMove<! 

iDlwiit  a  ;d  anchored  in  the  outer  part  of  the  harbor,  having  no  business  at,  or  cou:.i.it- 

bcation  with  Digby,  and  no  reason  for  reporting  to  tho  officer  of  custou's.   It  apjMJars 

m  thi)  report  of  the  consul-general  to  be  conceded  by  the  customs  authorities  there 

Bliat  Iishing  vessels  have  for  forty  years  been  accustomed  to  go  in  and  out  of  tbe  bay 

It  pleasure,  and  have  never  beo.i  required  to  send  ashore  and  report  when  they  had 

BO  business  with  the  port,  and  made  no  landing  ;  and  that  no  seizure  had  over  beforo 

Vn  made  or  claimed  against  them  for  so  doing. 

Can  it  be  reasonably  insisted  imder  these  circu'-'stances  that  by  tho  sudden  a<iop- 
lioD|\vitbont,  notice,  of  anew  rule,  a  vessel  of  a  friendly  nation  should  bo  seized  and 
lurfeited  for  doiujj  what  all  similar  vessels  had  for  so  long  a  period  been  allowed  to 
p  withont  question  ? 

[  It  is  suBicieitly  evident  that  tlie  claim  of  a  violation  of  tho  customs  act  was  an 
Iflerthong:  ,  brought  forward  to  give  whatever  added  strengl^h  it  might  to  the  prin- 
fipal  claim  on  which  tho  fleiziire  had  been  made. 

■  Reeurrinf;,  then,  to  the  only  real  question  in  the  case,  whether  the  vessel  is  to  bo  for- 
jM  for  imiobacilng  bait  of  an  inhabitant  of  Nova  Scotia,  to  bu  used  in  lawful  fishing. 
It  may  be  readily  admitted  that  if  the  language  of  tho  t,rea*^^y  of  1818  is  to  be  i  nterpretc  d 
Tterally,  latlier  than  according  to  its  spirit  and  plain  intent,  a  vessel  engaged  in 
bliini;  would  lie  pro'iibiied  from  enterii.j,  ™  Canadian  port  "for  any  purpose  what- 
|W  except  to  obtain  wood  or  water,  to  repair  damages,  or  to  seek  shelter.  Whether 
Vwould  be  liable  to  the  extreme  penalty  of  confiscation  for  a  breach  of  this  prohibi- 
Mni  a  trifling  and  harmless  instance  might  bo  quite  anothcn  question. 
Kucha  literal  construction  is  best  refuted  by  considering  its  preposterous  eonso- 
pences.  If  a  vessel  enters  a  port  to  post  a  letter,  or  send  a  telegram,  or  buy  a  news- 
pper,  to  obtain  a  jihysiciau  in  case  of  illness,  or  a  surgeon  in  case  of  accident,  to  land* 
p  bring  (,ll' a  passenger,  or  even  to  lend  assistance  to  the  inhtbitants  in  fire.  Hood,  or 
Wileiico,  it  wouhl,  upon  thii  construction,  be  held  to  violate  the  treaty  stipnlatioi^a 
iiiitaincd  between  two  enlightened  maritime  and  most  friendly  nations,  whose  porta 
'flreely  open  to  each  other  iu  al    othei"  j>lao«»    and  under  all  other  oiiouuistances. 


41G 


RIGHTS   OF   AMERICAN  FISHERMEN. 


If  a  VO880I  is  not  engaged  in  fishing  she  may  enter  all  ports ;  but  if  employed  in  £,„. 
ing,  not  denied  to  be  lawful,  she  is  exelnded,  though  on  the  most  innocent  erratd  I 
She  may  buy  water,  but  not  food  or  medicine ;  wood,  but  not  coal.  Slio  may  repjiij 
rigging,  but  rot  purchase  a  new  rope,  though  the  inhabitants  are  desirous  to  sell  iil 
It  she  even  entered  the  port  (having  no  other  business)  to  report  herself  to  thecnj.! 
tom-house,  as  the  vessel  in  question  is  now  seized  for  not  doing,  she  would  bo  equiUj  I 
within  the  interdiction  of  the  treaty.  If  it  be  said  these  are  extreme  iustances  of  vii  I 
lation  of  the  treaty  not  likely  to  be  insisted  on,  I  reply  that  no  one  of  themismonl 
extreme  than  the  one  relied  upon  in  this  case. 

I  am  persuaded  that  ^our  lordship  will,  upon  reflecticn,  concur  with  mo  that  an  in. 
tentioa  so  narrow,  and  in  its  result  so  unreasonable  and  so  unfair,  is  not  to  bo  attrilv  i 
uted  to  the  high  contracting  parties  who  entered  into  this  treaty.  I 

It  seems  to  me  clear  that  the  treaty  must  be  construed  in  accordance  witlithcae I 
ordinary  and  well-settled  rules  applicable  to  all  written  instruments,  which  without  I 
such  salutary  assistance  must  constantly  fail  of  their  purpose.  By  these  ruie«the| 
letter  often  gives  way  to  the  intent,  or  rather  is  only  used  to  ascertain  the  intent.    1 

The  whole  document  will  bo  taken  together,  and  will  be  considered  in  coniiection  I 
with  the  attendant  circumstances,  the  situation  of  the  parties,  and  the  object  in  view  f 
and  thus  the  literal  meaning  of  an  isolated  clause  is  ofbea  shown  nbt  to  be  thenu^o! 
ing  really  understood  or  intended.  • 

Upon  these  principles  of  construction  the  meaning  of  the  clause  in  question  don  I 
not  seem  doubtful.  It  is  a  treaty  of  friendship  and  not  of  hostility.  Its  object  watl 
to  define  and  protect  the  relative  rights  of  the  people  of  the  two  countries  in  tiiew I 
fisheries,  not  to  establish  a  system  of  non-intercourse  or  the  means  of  mutual  and  nn-l 
necessary  annoyance.  It  should  be  judged  in  view  of  the  general  rales  of  int«i-| 
iiational  comity  and  of  maritime  intercourse  and  usage,  and  its  restrictions  considered] 
iu  the  light  of  the  purposes  they  were  designed  to  serve.  j 

Thus  regarded  it  appears  to  me  clear  that  the  words  "  for  no  other  purpose  vrlut-l 
ever,"  as  employed  in  the  treaty,  mean  no  other  purposes  inconsistent  m  ''epro.! 
visions  of  the  treaty,  or  prtgudicial  to  the  interests  of  the  provinces  -'T  *^^  \(.| 
ants,  and  were  not  intended  to  prevent  the  entry  of  Amcricau  fishing  est  ^^^loCi-I 
uadian  ports  for  innocent  and  mutually  beneficial  purposes,  or  unnecessarily  to  reBtriptj 
the  free  and  friendly  intercourse  customary  between  all  civilized  maritime  nations,  j 
and  especially  between  the  United  States  and  Great  Britain.  Such,  I  cannot  botbe-l 
lieve,  18  the  construction  that  would  be  placed  upon  this  treaty  by  any  enlight 
court  of  justice. 

But  even  were  it  conceded  that  if  the  treaty  was  a  private  contract,  iusteadofinj 
international  one,  a  court  in  dealing  with  an  action  upon  it  might  find  itself  bamp-l 
€fred  bv  the  letter  from  giving  eifect  to  the  intent,  that  would  not  be  decisive  of  tbjj 
preseou  case.  I 

The  interpretation  of  treaties  between  nations  in  their  intercourse  vf'ih  eacli  other  j 
proceeds  upon  bi.yader  and  higher  considerations.  The  question  is  not  whatisthel 
technical  efiect  of  words,  but  what  is  the  construction  most  consonant  to  the  dignity,! 
the  just  interests,  and  the  friendly  relations  of  the  sovereign  powers.  I  submit  toyonrl 
lordship  that  a  construction  so  harsh,  so  unfriendly,  ho  unnecessary,  and  so  irritatingj 
as  that  set  up  by  the  Canadian  authorities  is  not  such  as  Her  Majesty's  Governmentl 
has  been  accustomed  either  to  accord  or  to  submit  to.  It  would  faud  no  precedentinl 
the  history  of  British  diplomacy,  and  no  provocation  in  any  action  or  assertion  of  the  j 
Governmentof  the  United  States.  j 

These  views  derive  great,  if  not  conclusive,  force  from  the  action  of  the  BritishPai- 
liament  on  the  subject,  adopted  very  soon  after  the  treaty  of  1818  took  eflfect,  and  con- 
tinued without  change  to  the  present  time.  I 

An  act  of  P^jliament  (59  George  III,  chap.  38)  was  passed  June  14,  181s),  to  proridel 
for  carrying  into  eflfect  the  provisions  of  the  treaty.  After  reciting  the  terms  of  the  J 
treaty,  it  enacts  (in  substance)  that  it  shall  be  lawful  for  His  Majesty  by  orders  iol 
council  to  make  such  regulations  and  to  give  such  directions,  orders,  and  instmctiom  j 
to  the  governor  of  Newfoundland  or  to  any  officer  or  officers  in  that  station,  or  to  auyl 
other  persons  "  as  shall  or  may  be  from  time  to  time  deemed  proper  and  -eceMaryibtl 
the  carrying  into  ettect  the  purposes  of  said  convention  with  relation  to  the  taking,  i/fl 
ing,  and  curing  of  fish  by  inhabitants  of  the  United  States  of  America,  in  common  wilhi 
British  subjects  within  the  limits  Hot  forth  in  the  afoiesaid  convention."  P 

It  further  enacts  that  any  foreign  vessel  engaged  in  fishing,  or  preparing  to  fiw,! 
within  three  marine  miles  of  the  co;  3t  (not  authorized  to  do  so  by  treaty)  8hairi»| 
seized  or  forfeited  upon  prosecution  in  tlio  proper  court. 

It  further  provides  as  follows: 
•  "That  it  shall  and  may  be  lawful  for  any  fisherman  of  the  said  United  States  to  enj 
ter  into  any  such  bays  or  harbors  of  his  Britannic  Majesty's  dominions  in  AM'^T'lii 
are  last  mentioned  for  tho  purpose  of  shelter  and  repairing  damages  therein  »'";'*jj 
purchasing  wood  and  of  obtaining  water,  and  for  no  other  purpose  whatever,  "•JJ™! 
uevortbolcBS  to  such  restrictions  as  may  bo  necessary  to  prevent  such  fishermen  of  iMI 


RIGHTS   OF   AMERICAN  FISHERMEN. 


417 


if  employed  in  fish, 
ost  innocent  enaiii.  I 
•al.  Shomayrepaii 
re  desirous  to  sell  ill 
:t  herself  to  the  cw  I 
ihe  would  bo  equiUj  1 
•erne  instances  of  Tio.  I 
one  of  them  is  more  I 

rwitlimothatanin-l 
r,  ie  not  to  bo  attrib. 

r- 

jcordancowiththcae 
lOnts,  whicUwithoatI 
By  these  rules  the 
certain  the  intflnt. 
idered  in  conuectioo  1 
id  the  object  in  view,  I 
I  not  to  be  themejn-f 


[q  United  States  from  taking,  drying,  or  curing  fish  in  the  said  bays  or  harbors,  or 

any  other  manner  whatever  abusing  the  said  pri  vileijes  by  the  said  treaty  and  this 

net  reserved  to  them,  and  as  shall  for  that  purpose  bo  imposed  by  an  order  or  orders 

to  bo  from  time  to  time  made  by  His  Majesty  in  council  under  the  authority  of  this 

act  and  by  nny  regulations  which  shall  bo  issued  by  tho  governor  or  person  oxercis- 

ine  the  office  of  governor  in  any  such  parts  of  His  Majesty's  dominions  in  America, 

[under or  in  pursuance  of  any  such  an  order  in  council  as  aforesaid." 

It  further  provides  as  follows : 

"Tbat  if  any  person  or  persons  upon  requisition  made  by  the  governor  of  Newfound- 
[  land  or  the  person  exercising  tho  oflQco  of  governor,  or  by  any  governor  or  person  ex- 
[  crciring  tho  office  of  governor,  in  any  other  parts  of  His  Majesty's  dominions  in  Amor- 
Ijca  as  atorcsaid,  or  by  any  officer  or  oflicers  acting  under  such  governor,  or  person 
[ejercisingtho  office  of  governor,  in  tho  execution  of  any  orders  or  instructions  from 
IHis  Majesty  in  council,  shall  rofuso  to  doi)art  from  such  bays  or  harbors;  or  if  any 
[person  or  persons  shall  refuse  or  neglect  to  conform  to  any  regulations  or  directions 
iTThicli  shall  be  made  or  given  for  the  execution  wf  any  of  tho  purposes  of  this  act; 
[every  such  person  so  rcfus'Ug  or  otherwise  offending  against  this  act  shall  forfeit  'hf< 
[jnm'of  £200,  to  be  recovered,  &c."' 

\  It  will  bo  bo  perceived  from  these  extracts,  nd  still  more  clearly  from  a  pemsal  of 
i tho  entire  act,  that  while  reciting  tho  language  of  tho  treaty  in  respect  to  tho  pur- 
I poses  for  which  American  fishermen  may  enter  British  ports,  it  provides  no  forfeiture 
[orpenalfy  for  any  such  entry  unless  accompanied  cither  (1)  by  fishing  or  preparing 
[to  fish  within  the' prohibited  limits,  or  (2)  by  tho  infrinpoment  of  restrictions  that  may 
[bo  imposed  bytrders  in  council  to  jirovent  such  fishing  or  the  drying  or  curing  of 
[fiit,  or  tho  abuse  of  privileges  reserved  by  the  treaty,  or  {'3)  by  a  refusal  to  depart 
[from  tho  bays  or  harbors  upon  proper  requisition. 

I  It  thus  plainly  appears  that  it  was  not  tho  intention  of  Parliament,  nor  its  nnder- 
[staDding  of  tho  treaty,  that  any  other  entry  by  an  American  fishing  vessel  into  a 
IBritish  port  should  be  regarded  as  an  infraction  of  its  provisions,  or  as  afi'ordiog  the 
[basis  of  proceedings  against  it. 

I  Xo  other  act  of  Parliament  for  tho  carrying  out  of  this  treaty  has  over  been  passed; 
iltisuuneccssaiy  to  point  out  that  it  is  not  in  the  power  of  tho  Canadian  Parliament 
itocnlargo  or  altcrtho  jirovisions  of  tho  act  of  the  Imperial  Parliament,  or  to  give  to 
Itho  treaty  either  a  construction  or  a  legal  ell'ect  not  warranted  by  that  act. 
I  Bat  until  the  ctt'ort  which  I  am  informed  is  now  in  jirogress  in  tho  Canadian  Par- 
lliament  for  tho  passage  of  a  now  act  on  tho  subject,  introduced  since  tho  seizures  un- 
Idcr consideration,  I  do  not  understand  that  any  statute  has  ever  been  enacted  in  that 
iParllarnent  which  ottempts  to  give  any  difTereut  construction  of  effect  to  the  treaty 
[from  that  given  by  tho  act  of  51)  George  III. 

J  T'eonly  ;)roviucial  statutes  which,  in  tiie  proceedings  against  tho  David  J.  Adams, 
Ithat  vessel  has  thus  far  been  charged  with  infringing  aro  the  colonial  acts  of  1868, 
llSTO,  and  1883,  It  is  therefore  fair  to  presume  that  there  uro  no  other  colonial  acts 
Itpplicablo  to  the  case,  and  I  know  of  nouo. 

1  The  act  of  1808,  among  other  provisions  not  material  to  this  discussion,  provides 
pr  it  forfeiture  of  foreign  vessels  "  toviad  fishing,  or  preparing  to  fish,  or  to  have  been 
fchiug,  in  British  waters  within  three  marine  miles  of  tho  coast,"  and  also  prov'des  d 
junalty  of  $400  against  a  inasterof  a  foreign  vessel  within  the  harbor  who  shall  fail  to 
pswer  questions  put  in' an  examination  by  tho  authorities.    No  other  act  is  by  this 
!"te declared  to  be  illegal;  and  no  other  penalty  or  forfeiture  is  provided  for. 
I.      fv  extraordinary  provisions  in  this  statute  for  facilitating  forfeitures  and  om- 
.i  4  defense,  or  apjieal  from  them,  not  material  to  tho  present  case,  would,  on 
t'C'iasion,  deserve  very  serious  attention. 
■■^•^  ■  '  t883  lias  no  aiiplicatiou  to  the  case,  except  ui-on  the  point  of  the  omission 
"  r,el  to  report  to  tho  customs  officer  already  considered. 
ItreMiun  therefore,  that  at  the  time  of  tho  seizure  of  tho  David  .T.  Adams  and  other 
pssels  there  was  no  net  whatever,  either  of  the  British  or  colonial  parliaments, 
phiehmiulo  the  purchase  of  bait  by  those  vessels  illegal,  or  provided  for  any  forfeit- 
pro,  penalty,  or  proceedings  against  them  for  such  a  transaction,  and  even  if  such 
piirclmso  could  be  regarded  as  a  violation  of  that  clause  of  the  treaty  which  is  relied 
K 110  law  existed  nuder  which  tho  seizure  could  be  justified.     It  will  not  bo  con- 
fended  that  custom-honse  authorities  or  colonial  courts  can  seize  and  condemn  vessels 
■or  a  lireach  of  the  stipulations  of  a  treaty  when  no  legisl-'  lion  exists  which  authorizos 
Weratotako  cognizance  of  tho  subject,  or  invests  them  with  any  jurisdiction  in  the 
Ireuiises,    Of  thisobvious  conclusion  the  Canadian  authorities  seem  to  bo  quite  aware. 
I  am  informed  that  since  tho  seizures  they  have  pressed  or  aro  pressing  through  the 
Miiadiau  parliament  in  inuch  haste  an  act  wliich  is  designed  for  the  first  time  in  the 
j™,  y  of  the  legislation  under  this  treaty  to  make  tho  facts  upon  which  the  Ameri- 
•i  vessels  have  been  <  oized  illegal,  and  to  authorize  proceedings  against  them  there- 

>:>.  Kx.  nii 27 


418 


RIGHTS   OF   AMERICAN   FISHERMEN. 


What  the  offoct  <»f  such  an  act  will  bo  iu  enlarging  tbo  iirovisionH  of  .m  existini! 
treaty  between  the  United  States  and  Great  Britain  need  not  bo  considered  lien? 
Tbo  question  nndcr  discnssion  depends  upon  tbo  treaty  and  npon  suoU  logislatioii 
warranted  by  Uio  treaty  as  existed  when  tlio  seizures  took  place. 

The  practical  constrnction  given  to  tbo  troiaty  down  to  tbo  present  time  liashfon 
in  entire  accord  witb  tbo  conchisious  tbus  deduced  from  tbc  act  of  Parliament.  The 
Britisb  Government  bas  repeatedly  refused  to  allovr  interference  witb  American  list 
ing  vessels,  unless  for  illegal  fisbing,  and  bas  given  explicit  orders  to  the  contrarv. 

On  tbo  2(itli  of  May,  187U,  Mr.  Thornton,  tbo  Britisb  minisiior  at  Washington  coiii- 
niunicatud  officially  to  tbo  Secretary  of  State  of  tbo  United  States  copies  of  fhomdcm 
addressed  by  tbo  British  Admir.alty  to  Admiral  Wellesloy,  commanding  Her  Majcsl 

naval  forces  on  tbo  F""^'    ' ' —    '^  ^'~  '  '"  '  '-^^— ' ^'        ■     •  ■  -' 

nicnt  to  tbo  foreign 

instrnctions  to  lie  gi^ 

tainiug  order  at  tbo  fisheries  mi  the  neighborhood  of  the  coasts  of  Canada."   Aiiioiii; 

tbo  documents  tbus  transmitted  is  a  letter  from  the  foreign  otfico  to  the  secretary  of  i 

the  Admiralty,  in  which  the  following  language  is  contained : 

"Tbo  Canadian  Government  bas  recently  determined,  witb  the  concurrence  of  Her 
Mnjesty's  ministers,  to  increa.-.o  the  stringency  of  the  existing  practice  of  diBpensinj 
with  tiio  warnings  bitborto  gi\  en,  and  seizing  at  once  any  vessel  detected  in  violat- 
ing tbo  law. 

"  In  view  of  this  change  and  of  the  questions  to  which  it  may  give  rise,  1  am  directed 
by  Lord  Granville  to  request  that  you  will  move  their  lordships  to  instrnct  tlio offi. 
cers  of  Her  Majesty's  ships  employed  in  tbo  protection  of  tbo  fisheries  that  they  arc 
not  to  seize  any  vessel  unless  it  is  evident  and  can  l)o  clearly  proved  th.at  tliooti'cn* 
of  fisbing  bas  L.  an  committed  and  the  vessel  itself  captured  within  three  miles  of  land,"  | 

In  the  l.ittor  from  the  lords  of  tbo  Admiralty  to  Vice- Admiral  Wellesloy  of  Jlay.^, 
1870,  in  ac(  ordanco  w'tb  the  foregoing  request,  and  transmitting  the  letter  above  | 
quoted  from,  there  occuis  the  following  Language : 

"  My  lords  desire  mo  to  remind  you  of  the  extreme  importance  of  commanding  offi- 
cers of  the  ships  selected  to  protect  the  fisheries  exercising  tbo  utmost  discretion  in ' 
carrying  out  tbeii  instructions,  p.aying  special  attention  to  Lord  Granville's  observa- 
tion that  vo  vessel  should  he  seized  unless  il  is  evident  and  can  be  clearly  proved  that  tk 
offense  of  fishing  has  been  committed,  and  that  "the  vessel  ia  captured  loithln,  three  miltn  of  \ 
land."  ' 

Lord  Granville,  in  transmitting  to  Sir  John  Young  the  aforesaid  instructions,  makes 
use  of  the  following  language : 

"Her  Majesty's  Government  do  not  doubt  that  your  ministers  will  a^rco  with  them 
as  to  the  propriety  of  these  instructions,  and  will  give  corresponding  lustructionsto 
the  vessels  employed  by  thorn." 

These  instructions  were  again  officially  stated  by  tbo  British  minister  at  Wiishing- 
ton  to  tbo  Secretary  of  State  of  tbo  United  States  in  a  letter  dated  Juno  11, 1S70. 

Agaiiij  in  February,  1871,  Lord  Kimborly,  colonial  secretary,  wrote  to  the  governor- 
general  of  Canada  as  follows: 

"The  exclusion  of  American  fishermen  from  resorting  to  Canadian  ports,  except  for  I 
the  purpose  of  shelter,  and  of  roiiairing  damages  therein,  purchasing  wood,  and  of 
obtaining  water,  might  bo  warrantcu  by  tbo  letter  of  the  treaty  of  lrtl8,  and  by  tbe  f 
ticrms  of  the  imperial  act  59  Georgo  HI,  chap.  38,  but  Her  Mnjosty's  Government  fed 
bound  to  state  that  it  seems  to  them  an  extreme  measure,  fliconsistont  Avith  the  gen- 
eral policy  of  tbe  Empire,  and  they  are  disposed  to  concede  this  i)oiiit  to  the  Uuitcil 
States  Government  under  such  restrictions  as  m.ay  be  necessary  to  prevent  smugRliny, 
and  to  guard  against  any  substautialiuvas'onof  tbo  exclusive  rights  of  fishing  which] 
may  be  reserved  to  Britisb  subjects." 

And  in  a  subsequent  letter  from  tbo  same  source  to  tbo  goveruor-goTicrai,  the  fol- 
lowing language  is  used : 

"  I  think  it  right,  however,  to  add  that  the  responsibility  of  determining  whatij  j 
tbo  true  construction  of  a  ticaty  m.ido  by  llev  Mnjosty  witb  any  foreign  power  most  j 
remain  with  Her  Majesty's  Government,  and  that  the  degree  to  which  this  country  I 
would  make  itself  a  party  to  tbe  strict  ciiforcemout  of  tlio  treaty  rights  may  depend  ] 
not  only  on  tbe  literal  construction  of  tbe  troiit^y,  but  on  the  moderation  undrtaitoiiaj 
bloness  with  wbieb  these  rights  aro  asserted."  I 

I  am  not  aware  that  any  n  odifieation  of  these  instructions  or  any  difFonut  niM 
from  that  therein  contained  has  ever  been  adopted  or  sanctioned  by  llcrMajpsty'ij 
Government.  1 

Judicial  authority  upon  this  question  is  to  the  same  effect.  That  the  purchaso  cfj 
bait  by  American  fishermen  in  tbe  provincial  ports  bas  been  a  common  pracliMUJ 
well  known.  But  in  no  case,  so  far  a.s  I  can  ascertain,  bas  a  seizure  of  lui  Araeriian  j 
vessel  over  been  enforced  on  the  grouufl  ofthe  purchase  of  hait,  orofnnyotberBiippli*! 
On  the  bearing  before  the  Halifax  I'isberics  Coiiiniission  in  1877  this  question  wsi I 


KIGIITS    OF   AMERICAN    FISHERMEN. 


419 


tmctions,  makes 


(liocusscil,  and  no  cuso  could  bo  prodiiood  of  any  aiicb  condouiiiiition.  Vessels  sbown 
10  Imvo  l>i!on  coudoiuned  woro  in  all  cases  ad  judged  guilty,  either  of  iubing,  or  pre- 
iiarin"  to  tisli,  witbia  the  piobibLted  limit.  Aud  in  the  case  of  the  Whito  i;';iwn,  tried 
intlie'iuliiiii'iilty  court  of  New  Brunswick  before  Judge  Hazeu  in  1870, 1  understand 
ittobavo  boon  distinctly  bold  that  the  purchase  of  bait,  unless  proved  to  have  been 
111  nreparatiou  for  illegal  lishing,  was  not  a  violation  of  t.io  t,ioaty,  nor  of  any  oxist- 
jpjj  laffj  and  afforded  no  ground  for  proceedings  against  the  vessel. 

Butcvon  were  it  i)ossible  to  justify  ou  the  part  of  the  Canadian  authorities  tuo 
adoptiou  of  a  construction  cf  the  treaty  entirely  different  from  that  which  has  always 
inretoforo  prevailed,  and  to  declare  those  acts  criminal  which  have  hitherto  been  re- 
j-arded  as  innocent,  upon  obvious  grounds  of  reason  and  justice,  and  upon  common 
priuciples  of  comity  lo  the  United  States  Government^  previous  notice  should  have 
bcea  given  to  it  or  to  the  American  iishemien  of  tho  now  and  stringent  instructions 
it  was  intouded  to  enforce. 

Ifit  was  tho  intention  of  Her  Majesty's  Government  to  recall  the  instructions  which 
Ihavo  shown  had  been  previously  and  s6  cxi)licitly  given  relative  to  the  interference 
with  American  vessels,  snroly  notice  should  have  been  given  accordingly. 

Tho  United  States  have  just  reason  to  complain,  even  if  these  restrictions  could  be 
iiistitiecl  by  tho  treaty  or  by  tho  acts  of  Parliament  iiassed  to  carry  it  into  effect,  that 
tiiey  sbnuid  bo  enforced  in  so  harsh  and  unfriendly  a  manner  without  notice  to  the 
Government  of  the  change  of  policy,  or  to  the  fishermen  of  the  new  danger  to  which 
they  wcro  thus  exposed. 

In  any  view,  therefore,  which  it  seems  to  me  can  be  taken  of  this  question,  I  feel 
justified  in  pronoimcing  tho  action  of  tho  Canadian  authorities  in  seizing  and  still  re- 
taining the  David  J.  Adams  to  bo  not  only  unfriendly  and  discourteous,  but  alto- 
getlicr  unwarrantable. 

The  seizure  was  much  aggravated  by  the  manner  in  which  it  was  carried  into  effect. 
It  appears  that  four  several  visitations  and  searches  of  tho  vessel  were  made  by  boats 
from  the  Canadian  steamer  Lansdownc,  iu  Annapolis  Basin,  Nova  Scotia.  The  Adams 
was  finally  taken  into  custody  aud  carried  out  of  tho  Province  of  Nova  Scotia,  across 
the  Bay  of  Fundy,  and  into  the  port  of  St.  John,  New  Brunswick,  and  without  expla- 
nation or  hearing,  on  the  following  Mondny,  May  10,  taken  back  by  an  armed  crew  to 
DIgby,  Nova  Scotia.  That,  in  Digby,  tho  ;iaper  alleged  to  be  the  legal  precept  for 
tho  capture  and  detention  of  tho  vessel  was' nailed  to  her  mast  in  such  manner  as  to 
prevent  its  contents  being  read,  and  tho  request  of  the  captain  of  tho  David  J.  Adams 
and  of  tho  United  States  consul-general  to  bo  allowed  to  detach  the  writ  from  tho 
mast  for  the  purpose  of  learning  its  conteuts  was  positively  refused  by  tho  provincial 
official  iu  charge.  Nor  was  tho  United  States  consul-general  able  to  learn  frooi  tho 
commander  of  thp  Lansdowne  tho  nature  of  tho  complaint  against  the  vessel,  and  his 
respectful  application  to  that  effect  was  fruitless. 

From  all  the  circumstances  attending  this  case,  and  other  recent  cases  like  it,  it 
leems  to  rao  very  apparent  that  the  seizure  was  not  made  for  the  purpose  of  enforcing 
any  right  or  redressing  any  wrong.  As  I  have  before  remarked,  it  is  not  pretended 
that  tho  vessel  had  been  engaged  in  fishing,  or  was  intending  to  lish  in  tho  prohibited 
waters,  or  that  it  had  done  or  was  intending  to  do  any  other  injurious  act.  It  was 
proceeding  upon  its  regnlr.r  and  lawful  business  of  fishing  in  the  deep  sea.  It  had 
received  no  request,  and  of  course  could  have  disregarded  no  request,  to  depart,  and 
was,  iu  fact,  departing  when  seized;  nor  had  its  master  refused  to  answer  any  ques- 
tions put  by  the  authorities.  It  bad  violated  no  existing  law,  and  had  incurred  no 
penalty  that  any  known  statute  imposed. 

Itseenw  to  ino  impossible  to  escape  tho  conclusion  that  this  and  other  similar  seiz- 
ures woro  made  by  tho  Canadian  authorities  for  tho  deliberate  purpose  of  harassing 
and  emijarrassing  the  American  fishing  vessels  in  the  pursnitof  their  lawful  employ- 
ment. And  the  iujury,  which  would  have  been  a  serious  one,  if  committed  under  a 
iniHtako,  is  very  much  aggravated  by  the  motives  which  appear  to  have  prompted  it. 

I  am  instructed  by  my  Government  earnestly  to  protest  against  these  proceedings 
iw  wholly  unwarranted  by  tho  treaty  of  1818,  and  altogether  inconsistent  with  the 
friendly  relations  hitherto  existing  between  tho  United  States  and  Her  Majesty's 
Government ;  to  request  that  tho  David  J.  Adams,  and  tho  other  American  fishing 
vessels  now  under  seizure  in  Canadian  ports,  be  immediately  roleasad,  and  that 
jiroper  orders  may  bo  issued  to  prevent  similar  proceedings  in  the  future.  And  I  am 
also  instructed  to  inform  you  that  the  United  States  will  hold  Her  Majesty's  Govcrn- 
nient  responsible /or  all  losses  which  may  be  sustained  by  American  citizens  in  the 
mspossession  of  their  property  growing  out  of  the  search,  seizure,  detention,  or  sale 
uf their  vessels  lawfully  within  tho  territorial  waters  of  British  North  America. 

The  real  source  of  the  difficulty  that  has  arisen  is  well  understood.  It  ie  to  be 
lonndiuthoinitaticu  that  has  taken  place  among  a  portion  of  the  Canadian  peo- 
ple on  account  of  the  termination  by  tho  United  States  Government  of  the  treaty  of 
(Viishingtou  ou  the  l8t  of  July  last,  whereby  fish  Imported  from  Canada  into  tbo 


420 


UIGirJ'S   OF   AMERICAN   FISHERMKN. 


United  States,  and  wliicli  so  loug  us  tbivt  treaty  remained  in  force  wuh  jitliuittcdfrn' 
isuow  liable  to  the  import  duty  provided  by  tbo  general  roveniio  laws,  and  tlinoiiiu! 
ion  appears  to  have  gained  ground  in  Canada  tbat  the  United  States  may  bo  drive- 
by  harassing  and  annoying  tlieir  lisbermon,  into  tbo  adoption  cf  a  now  treaty  W 
which  Canadian  fish  shall  bo  admitted  free. 

It  is  not  nccessuiy  to  say  that  this  scherao  is  likely  to  prove  as  mistaken  in  policy 
ns  it  is  indefensible  in  principle.  In  terminating  the  treaty  of  Washington  tbo  Unitell 
States  ■were  simply  exercising  a  right  expressly  reserved  to  bolu  parties  by  tlio  troatv 
itself,  and  of  the  exercise  of  which  by  either  party  neither  can  complain.  Tlipywiii 
not 'bo  coerced  by  wanton  injury  into  tbo  making  of  a  now  one.  Nor  would  a  iit'^o- 
tiation  that  had  its  origin  in  mutual  irritation  bo  promising  of  success.  Tlieqnen- 
tion  iiow  is,  not  what  fresh  treaty  may  or  might  bo  desirable,  but  what  is  the  tnioand 
just  construction,  as  between  the  two  nations,  of  the  treaty  that  already  exists. 

Tho  Government  of  the  United  States,  approaching  this  question  in  the  most  friendlv 
spirit,  cannot  doubt  that  it  will  bo  met  by  Her  Majesty's  Government  in  tjio  sanio 
spirit,  and  feels  every  conlldcnce  tbat  tho  action  of  Her  Majesty's  Government  in  the 
premises  will  be  such  ns  to  ni"  ntain  tho  cordial  relations  between  tho  two  couBtries 
that  have  so  long  happily  prevailed. 
I  have  tho  honor  to  be,  &c., 

E.  J.  PIIELPS. 


Fo.  02. 


Mr.  llayard  to  Mr.  Fhelps. 

No,  328.]  Department  of  State, 

Washington,  June  18, 188G. 

Sir  ;  1  bavo  received  and  read  with  much  satisfaction  your  No.  293 
of  the  5th  instant,  inclosing  a  copy  of  a  note  addressed  by  you  on  tliat 
day  to  Lord  Rosebery,  in  reference  to  the  seizures  of  American  flsliinj; 
vessels  in  Canadian  waters,  and  other  interference  with  our  commercial 
rights. 

The  views  and  arguments  you  adduce  are  fuliy  in  accord  with  the 
instructions  already  sent  you,  and  are  so  ably  advanced  and  enforcid 
that  I  have  for  tho  present,  and  pending  Lord  Eosebery's  replj-,  nothing 
farther  to  suggest  on  these  points. 

I  now  transmit  for  your  information  a  copy  of  a  note  addressed  by 
me,  on  the  14th  instant,  to  Sir  Lionel  West,  on  tho  subject  of  certain 
verbal  notifications  not  to  approach  the  coasts  of  Nova  Scotia,  which, 
as  I  have  been  informed  by  our  consul-general  at  Halifax,  wero  given 
to  four  of  our  fishing  vessels  by  tho  subcoUector  of  customs  at  Cimso, 
and  the  information  from  the  collector  at  Halifax  that  no  American  fish 
ing  vessels  would  bo  permitted  to  land  flub  at  that  port  for  transporta- 
tion in  bond  across  the  province. 

In  reply  to  my  note,  Sir  Lionel  West  informed  me  that  tho  subject 
has  been  brought  by  him  to  the  notice  of  Her  Majesty's  Government. 

My  notes  of  tho  10th,  20th,  and  29th  of  May  last  to  Sir  Lionel  West 
continue  without  reply,  and  this,  I  suppose,  is  one  ot  the  serious  im- 
pediments to  prompt  and  practical  exchange  of  A'iews  which  results 
from  the  triangular  attitude  of  the  United  States,  the  imperial  Govern 
ment  of  Great  Britain,  and  tho  American  dependencies  of  tho  latter 
iwwer,  towards  all  questions  in  which  tho  interests  of  the  provinces  arc 
involved. 

The  last  note  of  the  British  minister,  stating  that  he  has  brought  tho 
attention  of  Her  Majesty's  Government  to  the  questions  raised  by  the 
action  of  provincial  officials  will,  I  hope,  be  productive  of  authoritative 
expression,  and  afford  some  solid  basis  for  our  judgment  and  progres- 


RIGHTS   OP   AMERICAN   FISHERMEN. 


421 


sivc  iituioii,  which  has  hitherto  been  so  delayed  from  the  somewhat 
anomalous  rehitions  of  the  ( lanadiau  authorities  towards  a  conveutiou 
to  which  they  are  not  aotnal  or  responsible  parties. 
I  <ani,  &c., 

T.  P.  BAYARD. 


[Inclosaro.] 
Mr.  Bivyanl  to  Sir  L.  West,  Jnuo  14,  188(i.    (See  No.  13,  p.  IG.) 


No.  03. 


Mr.  Bayard  to  Mr.  Phe^"  i. 

No.  329.]  Department  of  State, 

Washinffton,  June  18, 188G. 

Sir:  With  reference  to  jirevious  correspondence  concerning  the  fish- 
eries question,  I  transmit  to  you  herewith  a  copy  of  a  dispatch  from  our 
consul  at  Halifax,  in  relation  to  the  recent  instructions  to  Canadian  of- 
ficials concerning  American  fishing  vessels. 
I  am,  &c., 

T.  F.  BAYARD. 


ITncloanro.] 


Mr.  Phelan  to  Mr.  Porter. 

No,  85.]  United  States  Consulate-Generat., 

Halifax,  June  15,  188G.     [Received  Juno  18.] 

Siu :  I  bavo  tho  honor  to  report  tbat  I  scut  with  dis[)atch  No.  83,  dated  May  27, 188C, 
a circnlar  issued  by  J.  Johnson,  Esq.,  Canadian  commissioner  of  customs,  known  as 
Circular  No.  371,  dated  May  7,  1886,  containing  instructions  to  customs  collectors  con- 
cerning foreiffn  lisliing  vessels.  I  now  inclose  herewith  a  confidential  circular  of  tho 
MDicdato  and  number  issued  by  tho  same  officer,  with  a  note  saying  "that the  confi- 
ilciitial  circalar  was  to  be  substitutod  for  tho  one  of  tho  e-^mo  date  and  number  pre- 
viously received." 

It  will  bo  seen  by  comparing  tho  circulars  that  tho  two  lastparagrahps  in  the  first 
lirsular  issued  arc'strickeu  out  and  tho  following  substituted  in  lieu  thereof: 

"Having  retorenco  to  the  above  you  are  requested  to  furnish  every  foreign  fishing 
vessel,  Ijoat,  or  fisherman  found  within  three  marine  miles  from  shore  with  a  copy  of 
llic  mning  inclosed  herewith.  If  any  fishing  vessel  or  boat  of  tho  United  States  is 
loniHUishing,  or  to  have  been  fishing,  or  preparing  to  fish,  or,  'f  hovering  within  the 
llircc-milo  limit,  does  rot  depart  within  twenty-fonr  hours  after  receiving  such  warn- 
ing, you  will  place  an  officer  on  board  such  vessel  and  at  onco  telegraph  tho  facts  to 
ilie  tislieries  department  at  Ottawa  and  await  instructions." 

Evcrythiug  about  shipping  crows,  purchasing  snpxilies,  and  trading  is  eliminated 
'II  llio  conlidoatial  circular, 
lam,  &c., 

M.  H.  PHELAN, 

Contul-General. 


422 


niGHTS   OP   AMERICAN   FISHERMEN. 


(Tiiclosiiru  with  Mr.  PIioIad'h,  No.  8.').] 
Covftdvntiul  Circiihir  No.  ;J7l. 

Customs  Depautmrnt, 

Ottawa,  Muij  7,  \m. 

B>.t:  Tli«  wovcrnnicnt  of  tlio  United  States  having  by  notice  tiirniinatdd  arliclol^ 
1o  a.'*,  Lotli  inclnsivo,  and  article  30,  known  an  \\w  fmlicry  articles  oC  tlui  Wasliinir. 
ton  treaty,  attention  is  called  to  following  provision  of  the  convention  lutwcon  tliu 
United  Htatos  and  L  reat  liritain,  signed  at  London  on  the  20th  Octoliiir,  IHIH: 

"AliTiCLK  1.  Whereas,  differences  have  arisen  respecting  the  liberty  claimed  iiy  tLo 
United  Statics  for  the  inhabitants  thereof  to  take,  dry,  and  euro  Ush  oil  certain  cuants, 
bays,  harbors  and  creeks,  of  his  Britannic  Majesty's  dominions  in  Anierum,  it  isagroeii 
between  the  high  contracting  parties  that  the  inliabitants  of  the  said  Uuited  States 
shall  have  forever,  in  common  with  the  subjects  of  his  Britannic  Majesty,  lljo  liberty 
to  take  flsh  of  every  kind  on  that  part  of  tho  southern  coast  of  Newfouudland  wLicii 
extends  from  Capo  Ray  to  tho  Rameau  Islands  on  tho  western  and  northern  coast  nf 
Newfoundland,  from  tlie  said  Capo  Ray  to  tho  Quirpon  Islands,  on  tho  shorcH  (it  tin 
Magdalen  Islands,  and  also  on  tho  coasts,  bays,  harbors,  and  creeks,  from  Mmiii; 
.loly  on  tho  southern  coast  of  Labrador,  to  and  throngh  tho  Straits  of  Bcdlo  Islo,  mA 
tlienee  northwardly  indefinitely  alonptho  coast,  without  prejudice,  however,  to  any 
of  the  oxclusivo  rights  of  tho  Hudson's  Bay  Cou?pany ;  and  that  the  American  fisher- 
men shall  also  have  liberty,  forever,  to  dry  and  cure  iish  in  any  of  tho  inisottled  bays, 
harbors,  and  creeks  of  tho  southern  part  of  tho  coast  of  Newfoundland  liereabovo  de- 
scribed, and  of  tho  coast  of  Labrador;  but  so  soot;  as  tho  same  or  any  portion  thereof  \ 
shall  bo  settled,  it  shall  not  bo  lawful  for  tho  said  fishermen  to  dry  or  curolisli  at 
such  portion  so  settled,  without  previous  agreement  foi  tiuch  i)urposo  with  the  in- 
habitants, i)ropriotor8,  or  possessors  of  tho  ground. 

"And  tho  United  States  hereby  renonnee  forever  any  liberty  heretofore  enjoyed  or  i 
claimed  by  the  inhabitants  thereof  to  take,  dry,  or  cure  fish  on  or  within  three  marine 
miles  of  any  of  tho  coasts,  bays,  creeks,  or  harbors  of  his  Britannic  Majcsty'sclninin- 
ions  in  America,  not  included  within  tho  abo^'e-mentioned  limits ;  provided,  however, 
that  tho  American  fishermen  shall  be  admitted  to  enter  such  bays  or  liarljors  I'ortk 
imrpose  of  shelter  and  of  repairing  damages  therein,  of  purchasing  wood,  iuulofoli- 
taining  water,  and  for  no  other  purpose  whatever.  But  they  shall  bo  under  such  re- 
strictions as  may  be  necessary  to  prevent  their  talcing,  <lryiug,  or  curing  lisli  therein, 
or  in  any  manner  whatever  abusing  tho  privileges  hereby  reserved  to  theui." 

Attention  is  also  called  to  the  following  provisions  of  the  act  of  tho  Parliament  of  I 
Canada,  cap.  Gl  of  the  acts  of  18GB,  entitled  "An  act  respecting  fishing  by  foreign 
vessels": 

(2)"  Any  com,    ssioned  officer  of  Her  Majesty's  navy,  serving  on  board  of  any  vessel  | 
of  Her  Majesty's  navy,  cruising  and  being  in  the  waters  of  Canada  for  purpose  of  af- 
fording ])rotection  to  Her  Majesty's  subjects  engaged  in  tho  fisheries,  or  any  coramis- 
sioned  officer  of  Her  Majesty's  navy,  fishery  ofJQcer,  or  stipendiary  magistrate  onboard] 
of  any  vessel  belonging  to  or  in  the  service  of  tho  Government  of  Canada  aud  em- 
ployed in  the  service  of  protecting  tho  (isherics,  or  any  officer  of  the  customs  of  Can- 
ada, sheriff,  magistrate,  or  other  person  duly  commissioned  for  that  purpose,  maygoon : 
board  of  any  ship,  vessel,  or  boat  within  any  harbor  in  Canada,  or  hovering  (iuBrit-l 
ish  waters)  within  three  marine  miles  of  any  of  the  coasts,  bays,  creeks,  or  harbors  in  j 
Canada,  and  stay  on  board  aa  long  as  she  may  remain  within  such  place  or  distance"! 

(3)  "  If  such  shipj  vessel,  or  boat  bo  bound  elsewhere,  and  shall  continue  withiusmhj 
harbor,  or  so  hoveringfortwenty-four  hours  after  thomastershallhavo  been  rcqniredj 
todepart,  any  onoof  such  officersorxjersons  as  areabovenientionedmaybringsuchship,  j 
vessel,  or  boat  into  port  and  search  her  cargo,  and  may  also  examine  tho  master  nponl 
oath  tonching  tho  cargo  and  voyage ;  and  if  the  master  or  person  in  couimandshallnotj 
truly  answer  the  questions  put  to  him  in  such  examination  ho  shall  forfeit$400;  andifl 
BHch  ship,  vessel,  or  boat  bo  foreign,  or  not  navigated  according  to  tho  lawsof  tbel 
United  Kingdom  or  of  Canada,  and  havo  been  found  fishing,  or  preparing  to  fish,  oil 
to  havo  been  fishing  (in  British  waters)  within  three  marine  miles  of  any  of  the  coasts,! 
bays,  creeks,  or  harbors  of  Canada  not  included  within  tho  above-mentioned  limit*,! 
without  a  license,  or  after  tho  expiration  of  tho  period  named  in  tlie  last  license  granted! 
to  such  ship,  vessel,  or  boat,  aud  tho  tackle,  rigging,  apparel,  furniture,  stores,  anol 
cargo  thereof  shall  be  forfeited.  .r 

(4)  "All goods,  ships,  vessels,  and  boats,  and  the  tackle,  rigging,  apparel, fDrmi 
tnre,  stores,  and  cargo  liable  to  forfeiture  under  this  act,  may  bo  seized  and  secmwij 
by  any  officers  or  persons  mentioned  in  tho  second  section  of  this  act ;  and  cvcrypwj 
son  opposing  any  officer  or  person  in  tho  execution  of  his  duty  under  this  act,  "'{"t" 
ing  or  abetting  any  other  other  person  in  any  opposition,  shall  forfeit  ^800,  anusliiu 
be  guilty  of  a  misdemeanor,  and  upon  conviction  bo  liable  to  imprisonniciit  for  aten 
not  exceeding  two  years." 


RIGHTS   OP   AMERICAN   FISHERMEN. 


42n 


Ilaviug  rclorcuco  to  tho  above,  yoii  aio  requested  to  fnrniHh  any  foreign  fiHliing  vc»- 
scls  bo(it»,  or  iislierraen  found  withiii  three  niarino  miles  of  ibo  sbore,  within  your  dia- 
tric't  with  a  printed  copy  of  the  "  warninj5  "  inclosed  herewith.  If  any  lishing  vesaol 
oriwatof  tlio  United  States  is  found  flshinjjj,  or  to  have  been  lishing,  or  propurinR  to 
tisl)  or,  it  hovering  within  tho  three-mile  limit,  does  not  depart  within  twenty-four 
hon'rs  after  receiving  such  "  warning,"  yon  will  ^)leaso  place  an  ofllcer  on  board  such 
vessel  and  at  once  telegraph  tho  facts  to  tho  fishonoH  department  at  Ottawaand  await 

iutraotioDH, 

J.  JOHNSON, 
Commimiiona'  of  Custovm. 


No.  G4. 
Mr.  Bayard  to  Mr.  Phelps. 


I  No.  309.] 


Department  of  State, 
Washington,  July  29, 1880. 

Sir:  1  transmit  to  you,  herewith,  copies  of  tlio  President's  message 
[  of  tbo  24th  instant,  to  the  Senate,  rehitivo  to  seizures  and  detentions 
1  of  Aniericau  vessels  in  Canadian  waters. 
I  am,  &c., 

T.  F.  BAYARD. 


[Indosuro  with  No.  300.— Senate  Kx.  Doo.  No.  217,  Forty-nhitU  Conp-csB,  first  8Rfl.sioD.l 

i  Mimgefrom  the  President  of  the  United  Stales,  transmittinfi,  in  renpovnc  to  Senaterrsolu 
Horn  of  May  10  and  July  10,  1880,  a  rqwrt  of  the  Secretary  of  Slate  relative  to  stizure 
mil  ddcntions  of  United  States  vessels  in  Canadian  waters. 

I JULTM,  1880.— Read  and  roforrcd  to  tlio  Committoe  on  Forelcn  Relations  ami  ordenwl  to  be  prlntod 

Tothe  Sa^atc  of  the  United  States : 

Id  response  to  tho  resolutions  of  tho  Senate  dated,  rcspeofcively.  May  10  and  July 
1 10,  Mi,  touching  alleged  seizures  and  detentions  of  vessels  of  tho  United  States  in 
liritish  North  American  waters,  I  transmit  herewith  a  report  of  tho  Secretary  of  State, 
1  with  .accompanying  papers. 

GROVEK  CLEVELAND. 
ExKcuTivE  Mansion, 

Washington,  July  24,  '88G. 


\  To  the  President: 

Respoiuliug  to  the  accompanying  rcsGintious,  of  tho  respective  dates  of  May  10  and 
[Jnly  10.  l&SG,  .adopted  by  tho  Senate  of  tho  United  States,  and  which  woro  referred 

l)y  tho  President  to  this  Department,  tho  undersigned.  Secretary  of  State,  has  tho 
I  lionor  to  reply : 

I  That  tho  li.st  hereunto  appended  gives  all  tho  cases  of  seizure  or  detention  of  Amori- 
[tau  vessels  in  foreign  ports  since  January  1,  1886,  of  which  tho  Department  of  Stato 
j  has  been  iuformed;  and,  as  it  will  be  observed,  no  other  cases  of  such  seizure  or  de- 
1  tontion  h.ivo  occurred  than  those  in  tho  ports  of  tho  Dominion  of  Canada,  and  under 
I  the  allogod  authority  of  the  ofllcials  of  that  Government. 
I  All  of  tbo  vessels  so  seized  or  detained  were  vessels  licensed  for  fishing  under  tho 

laws  of  tho  United  States. 

j  They  have  all  been  released  excepting  th<.'  schooner  David  J.  Adams,  of  Gloucester, 
|Mas8.,whiplns  still  held  in  custody  at  Digby,  Nova  Scotia,  her  owners  not  having 
Iwiight  to  procure  her  release  by  giving  bond". 

I  Tho  period  for  which  each  vessel  was  decained  and  tho  terms  npon  which  they  were 
jMpectivoly  released  are  stated  in  tho  appended  list. 

I  Instantly  upon  receivin";  authentic  information  of  an  alleged  seizure  from  tho  owners 
jMthevcascls  or  their  agents,  or  from  tho  consular  officers  of  tho  United  Statc»'ln 
[Laaada,  this  Department  gave  instructions  to  tho  United  States  conanlar  officers  to 


424 


BIGHTS   OF   AMERICAN   FISIli  liMEN. 


mako  full  and  onroful  iuvoatigatiun  of  tho  facta  in  oaohcaae;  and  whcrcvoriiniiifr 
tion  of  treaty  riKhtn  or  the  commerciul  rights  and  privileges  of  citixenHot'tliu|j),i|'!|L 
States  appeared  to  have  occurred,  renreseutotionwos  promptly  made  to  llor  Uruamj^ 
Majosty's  uiinistor  at  this  capital,  calling  for  redress,  and  notification  kIvoh  ni  ,u 
luand  for  couiponsation  for  ail  loss  and  injury  to  tlio  vessels  in  i|ui>sti(iu  and  iIkJ 
owners. 

In  order  pro[>erly  to  assert  and  maintain  tlio  riglits  of  onr  citizens  iiml  our  intimt-l 
tionaj  rights  under  convenlions  and  by  tlio  law  of  nations  which  niiKiit  Im!  Iirdih'litjj 
question  by  these  pioceodiugs  and  by  flio  action  of  tho  Cunadiiiii  (iovciiinicii]  t!i«| 
professional  services  of  two  gentlemen  learned  in  tlio  law — Mr.  (Jcorge  W.  Iliiiini,  „* 
tho  city  of  Philadelphia,  and  Mr.  William  L.  Putnam,  of  tho  city  of  I'oi tluml j,! 
Maine — wore  retained  by  the  Executive;  and  since  tlie  tiOtii  of  May  last  tliiis(!|r(iii|e.l 
men  have  bestowed  their  careful  consideration  upon  the  circuuistancus  ami  lliolawigl 
connection  therewith  in  each  case. 

r.'oceedings  have  been  commenced  in  tho  vice-admiralty  court  at  Iliilifas,  Xovji 
Scotia,  in  tho  name  of  Ilcr  Majesty  tho  Qnceu  as  plaintitt',  against  the  hcIioouct  iJuviJ 
J.  Adams  and  the  schooner  Ella  M.  Doughty  in  botli  of  wiucli  casiis  tlie  comiiliiintijl 
substantially  the  same.  Copy  is  hereunto  app.^nded  of  tlie  complaint  nIi^umI  liytlnl 
solicitor  for  tho  attorney-general  of  the  Dominion  of  Causida  ngaiiiHt  tho  KliuIlT 
Doughty,  which  sots  fortli  at  length  tho  alleged  grounds  for  the  seizure  ami  di^ttiiiioiii 
of  that  vessel.    ,  I 

Concurrently  -with  these  events,  correspondence  has  begun  and  is  still  prncpi'dini'l 
between  this  Department  and  tho  British  minister  at  this  capital,  anil  uIho  lioinNul 
tho  minister  of  the  United  St.ites  in  London  and  tho  foreign  ..dice  of  llcr  liridiniiicl 
Majesty's  Government,  to  obtain  satisfactory  recognition  and  enforcenmnt  of  onrj 
rights  under  treaty  and  international  law  and  tho  laws  and  coiniiicrcial  tisiijioHollioihl 
countries,  which  are  brought  in  qnestion  by  tho  action  of  tho  Canadian  amliorilicsiDJ 
milking  tho  seizures  and  detentions  of  American  fishing  vessels  herein  relCTrcd  tomiill 
described. 

Pending  this  correspondence,  which  it  is  believed  must  soon  tcnuinato  inmiami-l 
cable  settlement  mutually  just  and  honorable,  and,  therefore,  satisfaptory  to  Iwithl 
countries  and  tlieir  inhabitants,  tho  undersigned  is  unable  lo  reconiiiRMid  tlmrrwil 
df  ut  to  communicate  its  contents  in  its  present  incomplete  status,  belioviti;;  that  tol 
do  so  would  not  bo  compatible  with  the  public  interests  as  connected  with  tho  iraiis-| 
actions  referred  to. 

Respectfully  submitted. 

T.  V.  I5.VYARD. 

Dkpartmknt  of  State, 

Washington,  July  2i,l8m. 


fUst  of  indoanros.] 

1.  ResolntioQ  of  tho  Senate  of  the  United  States,  Mnv  10, 188G. 

2.  Resolution  of  tho  Senate  of  tho  United  States.  July  10, 183(5. 

3.  List  of  vessels  of  the  United  States  seized  or  detained  since  January  1,1880. 

4.  Text  of  the  complaint  filed  by  Her  Britannic  Majesty's  Government  agaiu8ttlM| 
Ella  M.  Doughty  (with  a  letter  from  William  L.  Putnam,  dated  July  i:?,  188fi). 


No.  1, 


In  the  Senate  of  the  United  Statks, 

May  10,  m. 

Beaolved,  That  the  President  bo  requested  to  communicato  totho  Sonatu,  if  inliisl 
opinion  not  incompatible  with  tho  public  interest,  any  inforraatiru  in  the  possession j 
of  tb  Jovornment  concerning  the  alleged  seizure  of  the  United  Si,atc3  iishias;  vessel  j 
David  J.  Adams  while  engaged  in  lawful  commerce  in  one  of  tho  ports  in  tho  DouiiH 
ion  of  Canada,  and  what  measures,  if  any,  have  been  taken  to  protect  lishiiisvcssclnl 
of  the  United  States  while  engaged  in  lawful  commerce  in  tho  ports  of  the  Domiiiii)ii| 
of  Canada. 

Attest : 

ANSON  G.  McCOOK, 

Semlar). 

By  CHAS.  W.  JOHNSON, 


BIGHTS   OP   AMEBi'^AN   FISHERMEN. 


42r) 


No.  2. 


In  tiik  Sknatk  ok  tiik  Unut.!)  Statics, 

July  10,  1H8C.. 

Itrwkeil,  Tliiih  tlio  rroHidoiit  of  tlio  United  Stufas  Un  mqiiOHttid,  so  fur  n-  iti  his  o^)in- 

tjimitmayiiiitilio  iiic.onsiHtont  with  tlio  piiltlic.  intoroHt,  to  iiit'orin  tliu  Hoimtit  <it  all 

[fiM'is  ill  li'i^  ixisscHHioii  or  that  of  tiio  l)i>|>iirtiiiiuit  of  >StiiUt  in  ro^^ard  to  tlio  Hoi/nro  or 

lilcifiiiiim  ill  any  foroij;ii  jiortsof  any  Aiiioriciiii  vchnl'Is  hiiu-.o  .lunniiry  1,  18H(i,  and  tlio 

lirelt'Xtoriilli'f?t'<l  ciiUHeH  forHiidi  Hoiziiro,  and  all  «!orrra|»oiHl«5no«i  relating  to  tlio  uanio, 

jmlwliiitiitroits  liavo  Itoon  ^nad(^  to  procnro  rodroMs  for  hiioIi  Boiznros,  and  to  prevent 


jtbcrctiiiTcncn  llinn-ol. 

Attest: 


ANSON  G.  McCOOK, 

Secrelarii. 


T.  V.  HWARD, 


No.  3. 
lUt  o/  American  fmhing  vcssala  seized  hi/  the  auihoriliiH  of  Canada  in  the  year  1880. 


Vcunl. 


f  IhiviilJ.  Ailiima 

IEIhM.l)oii«lily 

|l!ity  J'oint    

it'IUlaiTiiiKtmi 


lIumoporL 


Kowbiirypoi  t,  Miws . 

KoiiiKiliiiuk,  SIo 

JSoiiHi  r.ivy,  Mo 

Jiiitli,  Alt) 

rortlaml,  Mo 


Master. 


Aldon  KInnoy 

AV'uiriMi  A.  Uoiijjiity 
Kl(!])lmn  KcPiH)  ...." 

(;.  li.Jcwctt 

John  FrelllcU 


Seized. 


1880. 
May  7 
May  17 
July  :t 
Jiilv  .1 
Jtili     3 


AVliore  wlzcd. 


DlRby.  N.8. 
Kiiirlmhtown,  C.B. 
Sbnilnirnd,  N.  8. 

1)0. 

Do. 


*  Owners  vcfiisn  to  \,ntu\.    VoshoI  HtiU  in  custody. 

tiloleasrd  Jiitin  111.    Kail,  $i).4U0.     I'rocooillii;;))  for  romlsMion. 

;  Ut'luaavd  (III  j)a,viiiciitot' $400,  alk';;ud  flun. 

/-i«lo/  American  flaking  vea»ch  detained  by  the  authorities  of  Canada  in  the  year  1880. 


VeMol. 


fJ(«P|ili  Storey.. 
FMallliew  Knuny 
Imwanl 


Home  port. 


Itatli.Mo.... 
Essex,  Mass . 


Haator. 


McDooald  . . 


Date. 


April  24, 188C,  ntKaddoclc. 


July  3,  1880,  ntCpiso. 


Ileleasod. 


Apr.  SS.ISSa 


*  Detained  24  lionrs. 


No.  4. 


[IncloBurcA.I 

No.  473.    In  tlio  -^ico-aduiiralty  court  at  Halirax. 

[HerMajesty  THE  Queen,  Plaintiff,  "i 
\  against  I 

pE  snip  ou  VESSEL  Ella  M.  Doughty  ( 

AND  UER  CAKGO.  DEFENDANTS.  J 

1  Action  for  forfeiture  of  the  said  vessel  and  her  cavgo  for  violation  of  a  certain  con- 
tention between  Lis  late  Majesty  Georgo  the  Third,  K'ng  of  the  United  Kingdom  of 
|reat  Britain  and  Ireland,  of  tho  one  part,  and  the  United  States  of  America,  of  tlio 
Vwrpart,  mado  on  tho  20th  day  of  October,  1818,  and  for  violation  of  tho  act  of  the' 
Miainentof  tho  United  Kingdom  of  Great  Britain  and  Ireland,  made  and  pas-sed  in  tho 
pehfty-ninth  year  of  the  reign  of  his  late  Majesty  Georgo  tho  Third,  King  of  tho  United 
pgiloin  of  Groat  IJritain  and  Ireland,  being  chapter  38  of  tho  acts  of  tho  said  last- 
Onii'il  I'arliamcnt,  made  and  passed  in  tho  said  year.    Also,  for  forfeiture  of  tlni  said 


A'JiC, 


RIGHTS   OF   AMKRICAN   I'lHFIKRMEN. 


Writ  mncil  on  tho  aoth  dny  of  May,  A.  D.  1886. 


1.  A  certain  convention  between  his  late  Moijesty  GoorKO  t.lio  Tliird,  Kingoftli« 
United  Kingdom  of  Great  Drituin  and  Ireland,  oud  tlieUniled  StaleH  of  America  vru 
nittdo  and  BiRnod  at  Loudon  on  tlio  20tli  day  of  October,  181f^,  and  by  tlio  drat  articl* 
tlieroof  after  tliat  did'eronco«  liad  arisen  reHpcctinf;  the  liberty  elainicd  liytlioMjii 
United  Stnten  fov  tho  inhabitantn  thereof  to  take,  dry,  and  cupe'hHh  on  ccrtiunfOMti 
bayH,  liarborB,  and  crcelcH  of  his  liritaunio  MoJosty'H  doniuiuH  in  America,  it «« 
agreed  between  tho  high  eontractiiiH  i)artios  that  tho  inhabitant.s  of  the  Haid' United  I 
States  should  have  forever,  in  cotnnion  with  the  subjects  of  his  Britannic  Majesty,  the 
liberty  to  take  lish  of  every  kind  on  tliat  i)art  of  tho  southern  coast  of  NowfoDndiaad 
which  extends  from  Capo  Ra.y  to  tho  Rauieau  Isln  "ds,  on  tho  western  and  aortherj 
coasts  of  Nowfoundhiml,  and  from  the  said  Capo  Ray  to  tho  Quirpon  Islands,  ou  tbe 
shores  of  tho  Magdalen  Islands ;  and  also  on  tho  coasts,  bays,  harbors,  and  creckufrnm 
Mount  Joly,  ou  the  southern  coast  of  Labrador,  to  and  through  Iho  straits  of  Ueliolslo 
and  thcuco  northwardly  indoliuitoly  along  tho  coast,  without  prejudice,  however  to 
any  of  exclusive  rights  of  tho  Hudson  Bay  Company;  and  that  i)w  American  lislier- 
men  should  also  have  liberty  forever  to  dry  and  euro  iish  on  any  of  tho  unsettled  har- 
bors and  creeks  of  tho  southern  part  of  tho  coast  of  Newfoundland,  and  there  above  1 
described  and  of  the  coa«t  of  Labrador ;  but  so  soon  as  tho  saino  or  any  portion  thereof 
should  bo  sottle<l  it  shoirld  not  bo  lawful  for  tho  said  iishermen  to  dry  and  euro  Mt  al 
such  portion  so  settled  without  previous  agreement  for  such  purpomi  with  tboinhali- 
itants,  proprietors,  or  possessors  of  tho  ground,  and  tho  said  United  States  titerebyn^ ' 
nounced  forever  any  liberty  theretoforo  enjoyed  or  claimed  by  tho  inbubitunts  thereof  I 
to  take,  dry,  or  cure  fish  on  or  within  .'1  marine  miles  of  any  of  the  coasts,  bayo,  creeb,  I 
or  harbors  of  Ilis  Majesty's  dominions  in  America  not  included  within  tho  abovcnun- 
ti('!jcd  limits ;  provided,  however,  that  tho  American  Iishermen  should  bo  ndmittcdto  | 
enter  such  bays  or  harbors  for  tho  purjtose  of  shelter  aud  repairing  damages  thcreio, 
of  purchasing  wood,  and  of  obtaining  water,  and  for  no  other  purposes  wliatover.  liiii 
they  should  bo  under  such  restrictions  as  might  bo  necessary  to  jtrevent  their  takinj, 
drying,  or  curing  lish  therein,  or  in  any  other  manner  whatever  abusing  the  privl 
leges  thereby  reserved  to  them, 

2.  That  a  certain  net  of  tho  Parliament  of  tho  ^  I  Kingdom  of  Great  Britain  I 
and  Ireland  was  made  and  passed  in  tho  iifty-ni  'ir  of  the  roign  of  lii»l;iicl 
Majesty  King  George  tho  Third,  being  chapter  Uy  Oi  ...^  acts  of  the  said  Parliaimnt, 
made  and  passed  in  tho  lifty-niuth  year  of  tho  reign  of  his  said  lato  Majesty  Kiij I 
Gcorgo  tho  Third,  and  entitled  "An  act  to  enable  his  Majesty  to  inulte  rcgiilatioujj 
with  respect  to  tho  taking  aud  curing  of  fish  on  certain  parts  of  the  coast  of  N«j 
foundland,  Labrador,  and  his  Majesty's  otlier  possessions  in  North  America  accordiDjj 
to  a  convention  made  between  his  Majesty  and  tho  United  States  of  Amorica."       | 

3.  That  on  tho  29th  day  of  March,  A.  D.  18G7,  a  certain  other  act  of  tho  I'arliaiiwt  j 
of  tho  United  Kingdom  of  Groat  Britain  and  Ireland  was  made,  aud  buini?  cliaptcrDl 
of  tho  acts  of  tho  said  Parliament  jjassed  in  tho  thirtieth  and  thirty-first  ycarnofj 
tho  reign  of  her  present  Majf^sty  Victoria,  Queen  of  tlui  United  Kingdom  olCrralf 
Britain  and  Ireland,  and  being  entitled  "An  act  for  tiii>  union  of  Canada,  XnvJ 
Scotia,  and  New  Brunswick  and  tho  government  thereof,  and  for  purposes  coiiiiiclcdl 
therewith,"  which  said  act  is  cited  and  known  as  tho  British  North  America  wim 
1807.  [ 

4.  That  a  certain  act  of  tho  Parliament  of  Canada  was  made  and  passed  in  tH 
thirty-Orst  year  of  tho  reign  of  her  said  Majesty  Queen  Victoria,  being  chapfcrdlofl 
tho  acts  of  tho  said  Parliament  made  and  passed  ii>.  tho  year  18G8,  and  hciug  eiititk'dJ 
"An  act  respecting  fishing  by  foreign  vessels."  And  a  certain  other  act  of  tho  Pari 
liament  of  Canada  was  made  aud  passed  in  tho  thirty-third  year  of  tlio  roigaof  litj 
said  Majesty  Queen  Victoria,  being  chapter  15  of  tho  acts  of  tho  Parliament  mm 
aud  passed  in  tho  year  1870,  aud  being  entitled  "An  act  to  amend  the  act  rcspcotiw 
fishing  by  foreign  vessels."  And  in  tho  thirty-fourth  year  of  tho  reign  of  IIorMijesljj 
Queen  Victoria  a  certain  other  act  of  said  Parliament  of  Canada,  being  chapter  IJ* 
tho  acts  of  the  said  Parliament  of  Canada,  was  made  and  passed,  being  entitled  "i 
act  further  to  amend  the  act  respecting  lisliing  by  foreign  vessels,"  was  i"1«l''J™ 
passed,  being  chapter  23  of  tho  acts  of  tho  said  Parliameni  made  and  passed  in  WJ 

r>.  That  tho  said  convention  and  the  said  sovei'al  acts  heroinbofoie  meutioncil  wy 
•  and  aro  still  in  full  force  nnd  eflect. 

C.  The  harbor  of  St.  Anne's,  situate  in  the  con  ity  of  Victoria,  in  tho  Provincei" 
Nova  Scotia,  together  with  its  outlet  to  tho  Bay  r,f  St.  Anne's,  and  iilso  the  said  Wj 
I  of  St.  Anne's,  aM  hereinafter  designated  as  tho  bay  and  harbor  of  St.  Anne's,  are» 
lion  6f  tho  dominions  in  America  formerly  of  bis  luto  Majesty  George  the  ThirdJ 


lliaiTTfl    OF    AMERICAN    FIHIiKUMEN. 


427 


if  tbo  UiiiU'il  KiiiK''o'»  "'  Orcat  DiiUiu  iviid  Irdunil,  luiil  now  of  I  [or  Majesty  Qiiccii 
I  Vidurm  Qiici'nofthnUuitntl  Kingdom  of  Gn^ut  Uritain  mid  Iroluml,  hiuI  notiiiolii'lod 
rlvin"'>ii  •''"'' l"""'"'*'""'''''^'"''"  toftHtof  Ncwfouiidliiiid,  and  wliiuliuxtondH  |  from  ] 
ip  •  ii^y  to  tho  Iliiineiiii  iHlunds,  on  tlio  western  ami  northern  (!oa»tn  of  Newibiind- 
bnil  and  from  tbo  said  capo  to  tlio  Qnirpon  Islands,  on  tho  iihores  of  tho  Ma^^dahui 
IslandH,  or  oil  tho  coasts,  bays,  liarbors,  and  crooks  from  Mount  Joly,  on  tho  Houtherii 
foaatof  Labrador,  to  and  through  tho  straits  of  HcUo  Islo,  and  thunco  northwardly 
iiiili'lliiitf'Iy  alons  tho  coast. 
7  That  tliosaiil  ship  F-lln,  M.  Doughty,  whereof  one  Warron  A.  Doughty,  who  was 
liiouiifttural-liorn  subject  of  Her  Majenty,  was  or  is  niastor,  is  a  foreign  ship  or  ves- 
( Bf  1  mit  navijjated  according  to  tho  lawsof  Great  Hritaiu  ami  Ireland,  or  according  to 
llhohwi  of  Canada,  but  was  and  is  u  ship  of  tho  United  States  of  America  owned  by 
Iforfiipicis;  that  is  to  say,  by  persons  residing  in  and  being  citizens  of  tho  United 
iBiatosof  Amoricii,  whoro  tho  said  ship  or  vessid  was  built  and  ouroUod,  and  tho  said 
[ilup  or  vessel  Ella  M.  Doughty  was  at  tho  tinio  horciLaftor  mentioned  licensed  and 
Iwrmittcd  to  carry  on  tho  lisbories  under  and  in  pursuance  of  tho  acts  of  tho  United 
[states of  Amcriciv,  and  was  onn;agod  in  tho  proseoutiou  of  tho  Hsheries  and  on  a  lisb- 
ljii„vnvago,and  was  ai'd  is  without  a  license  to  ilsh  or  any  license  whatsoever  iu  tlmt 
jbfblf  from  tho  Oovcrnmeut  of  Canada  or  of  Nova  Scotia  under  tho  atatutos  of  Can- 
Llaiirof  Nova  Scotia  in  that  behalf. 
(*.  Itutwoou  tbo  10th  and  17th  days  of  May,  18S.5,  tho  said  Warron  A.  Doughty,  th  o 
nmttor  of  tbo  said  ship  or  vessel  Ella  M.  Doughty,  and  tho  ofllcors  and  crew  of  tho 
Mulsliipor  vossol  Ella  M.  Doughty,  did  in  and  with  tho  said  ship  or  vessel  Ella  M. 
iDdunlity  enter  into  tho  bay  antl  harbor  of  St.  Anne's  aforesaid  within  three  marine 
Imilc"  of  tbo  shore  of  said  bay  and  harbor  of  St.  Anne's,  and  within  three  miles  of  the 
Iciiast.H,  bays,  crooks,  ai:d  harbors  of  those  i>ortions  of  tin*  dominions  in  America  of 
IhisMiil  lato  Majesty  Kiu;r  George  tho  Third,  being  now  the  dominions  in  America  of 
|]Ii>r . Majesty  Que jn  Victoria ',ot  included  in  tho  limits  speciliod  and  dehuod  iu  the 
|i,iiil  lirst  article  of  the  sai'.  convention  and  sot  out  aud  recited  iu  tho  lirst  paragraph 
iomif,for  tbo  purpose  of  x)rocuring  bait,  that  is  to  say,  herrings,  whorowith  to  tish, 
liiil  ii'(t  for  Ibu  preservatiou  on  board  said  vessel  of  bait  to  bo  used  in  lishiug  and  of 
fresh  tish  t(t  bo  lisbod  for,  taken,  aud  c-ught  by  aud  upon  tho  said  vessel  and  by  th«v 
tostir,  otUcorN,  aud  crow  thereof,  aud  .lid  y  mro  such  bait  wherewith  ti»  lisli,  and 
^iicliiuii  for  the  pnrpoaos  aforesaid,  and  did       outer  for  other  purposes  than  for  the 
iirposos  of  sboltor  or  repairing  damages,  or  <i    purchasing  wood  or  of  obtaining  water, 
jcoiitrary  to  tbo  provisions  of  tho  said  convention  and  of  luo  nu,i'\  several  acts,  and  tho 
jKiiil  wme\  Ella  M.  Doughty  and  her  cargo  wero  thereupon  seized  within  throe  marine 
nihot'tbo  coast  or  shores  of  tho  said  bay  aud  harbor  of  St.  Auuo's  by  Donald  McAulcy 
mil  Lanchlin  G.  Campbell,  offlccrs  of  the  customs  of  Canada,  as  being  liable  to  forfeit- 
lire  for  tho  breach  or  violation  of  the  said  convention  and  of  tho  said  several  acts. 
H.  Uo  said  Warron  A.  Doughty,  tlio  majiter  of  tho  said  sliip  or  vessel  Ella  M. 
)oa|,'hty,  aud  tbo  officers  and  crow  of  tho  said  ship  or  vessel  Ella  M.  Douj^ht.v ,  did, 
letween  tho  10th  aud  17th  days  of  May,  183ii,  and  subsequently,  iu  tho  said  ship  or 
kessol Ella  M.  Doughty,  in  the  bay  and  harbor  of  St.  Anuo's  aforesaid,  did,  aud  while 
Boaml they  aud  tbo  said  ship  or  vessel  Ella  M.  Doughty  wero  within  three  marine 
nilfsof  tho  coasts  or  shores  of  tho  aaijl  bay  and  harbor  of  St.  Anne's,  and  within  three 
barioo  miles  of  the  coasts,  8hor<!s,  bays,  creeks,  and  harbors  of  "those  portions  of  tho 
lominions  in  America  of  his  said  latoMaJesty  King  George  tho  Third,  being  now  the 
Bominions  in  America  of  Her  Majesty  Qiiocn  Victoria  not  included  within  tho  limits 
Vc'liwl  and  dolincd  in  the  said  first  article  of  tho  said  convoutiouand  sot  out  and 
Kcitoil  iu  tbo  said  lirst  paragraph  hereof,  fish  for  fish  and  take  tish,  and  did  dry  and 
Inrp  Ilsh,  and  wero  preparing  to  iish  within  the  meaning  of  tho  said  conveution,  and 
pftlwHiiid  several  acts  hereinbefore  mentioned,  contrary  to  tho  provisions  of  tho  said 
TOventiou  and  of  the  said  acts,  aud  tho  said  vessel  Ella  M.  Doughty  and  her  cargo 
»crc  thereupon  soized,  within  three  marine  miles  of  tho  coast  or  shores  of  tho  said 
kv  and  harbor  of  St.  Anne's,  by  Donald  MeAuley  and  Lauchlin  G.  Campbell,  officers 
Iftbo  customs  of  Canada,  as  being  liable  to  forfeiture  for  violation  of  the  saitl  con- 
ption  and  of  tbo  said  puveral  acts. 

1 10.  Tho  said  Warren  A  Doughty,  tho  master  of  tho  said  ship  or  vessel  Ella  M. 
Poagbty,  and  tbo  officers  and  crow  of  tho  said  ship  or  vessel  Ella  M.  Doughty,  were 
Vitween  tho  said  10th  and  17tli  days  of  May,  188G,  and  subsequently,  iu  the  8ai<l  snip 
irvessel  Ella  M.  Doughty  in  tho  bay  aud  harborof  St.  Anne's  aforesaid ,  and  while  he 
ud  they  were  within  3  marine  miles  of  the  coasts,  shores,  bays,  crooks,  and  har- 
»« of  thoso  portious  of  tho  dominions  iu  America  of  his  late  Majesty  King  George 
jJVi  1  ^"'".'S  "o^  tbo  dominions  in  America  of  Her  Majesty  Queen  Victoria,  not 
Miuiod  within  the  limits  spociQed  and  dolincd  in  the  said  first  article  of  tho  said  con- 
mim,  and  sot  out  and  recited  in  tho  first  paragraph  hereof,  preparing  to  fish  within 
^ciiieanmqof  tbo  convention  and  of  tho  said  convention  and  of  the  several  acts  horq- 
BOeinro  mcntiouod,  contrary  to  tho  provisions  of  tho  said  conveution  and  of  the  several 
|tt8,  and  of  the  said  vessel  Ella  M.  Doughty  and  her  cargo  were  thereupon  seized 


428 


RIGHTS   OP   AMERICAN   FISHERMEN. 


witbin  ;j  niarino  luilcsof  tlu!  coasts  or  slioroH  of  tho  said  bayaiirt  liailiorof  S(,  ,\,| 
by  Donald  McAnlcy  aud  Lauchliii  G.  Campbell,  oflieois  of  tbo  tniMlonisorC'auadi^ 
beiug  liable  to  forfeitiiro  for  breach  or  violatiou  of  tho  said  convLutiou  auilof  tS 
aaid  several  acts.  " 

11.  Between  tho  said  10th  au.l  17th  days  of  May,  and  snbscquently,  in  tliosiiidiaj 
awl  harbor  of  St.  Auu'a  v.ithiu  '.\  marine  miles  of  tho  shore  thereof,  iuul  within  JnJ 
rino  miles  of  tho  coasts,  bays,  creeks,  aud  harbors  of  thoso  portions  or  partJiof  tl« 
dominions  in  America  of  his  late  Majesty  liing  George  tho  Third  being  now  thedoniiiii 
ion  in  America  of  her  present  Majesty  (ineeu  Victoiia,  not  iuclnded  within  tbo  limit 
sjiecitied  aud  deliued  in  the  saidlirst  article  of  the  said  convention,  audsotoutaniia 
cited  in  tho  iirst  jtaragraph  hereof,  the  saio  ship  or  vessel  Ella  M.  Uoughty  wastona 
to  be  lishiag  within  the  said  distance  of  3  marino  miles  of  thosaid  coasts,  bays  crteki 
and  harbors,  contrary  to  tho  provisions  of  tho  said  convention  and  t)f  tho  said  severt 


bio  to  forfeiture  for  breach  or  violation  of  tho  said  convention  an(T  of  tho  said  seven 
a<!t«. 

12.  Between  tho  said  lOth  and  17th  days  of  May,  188G,  and  subsequently  tk'roto.il 
the  said  bay  and  harbor  of  St.  Anne's,  within  '.i  marine  miles  ot  tho  shoies  tliow 
and  within  .'?  marine  miles  of  tho  coasts,  bays,  creeks,  and  liarbors  of  those  jai 
or  portions  of  tho  dominions  in  Am  jrica  of  his  said  late  Miijesty  KingGcorge  theTliit 
being  now  tho  dominions  mi  America  of  her  present  Majesty  Queen  Victoria,  noi  inj 
iduded  in  the  limits  specilied  and  d.>lincd  in  tho  said  first  article  of  said  conveiitic. 
and  sot  out  and  recited  in  tho  Iirst  jiaragraph  hereof,  the  said  ship  or  vessel  F.iiay 
UoTighty  was  ibund  to  have  been  iisbing  within  tho  said  distance  of  15  marine  luiJB 
of  thosaid  coasts,  bays,  creeks,  and  Iiarliors,  contrary  to  tho  provisions  of  tbe  sail 
convention  and  of  the  sa-d  seviiral  acts,  and  tho  said  vessel  EllaM.  Doughty  awllid 
cargo  was  thereupon  saized  within  \i  marine  iniles  of  the  coasts  or  sliorcs  of  the  sail 
bay  and  harbor  of  St.  Anno's,  by  Donald  McAnley  and  Lauchlin  G.  Caniphell, oiliceJ 
of  the  customs  of  Caufida,  as  being  liable  to  forfoituro  for  broach  or  yiolatiou  of  th| 
said  convention  and  of  tho  said  several  acts. 

13.  Between  the  said  lOth  and  17th  days  of  May,  1880,  and  subsequently,  iutlieaiJ 
bay  and  harbor  of  St.  Anne's,  within  3  marine  miles  of  tho  shores  thereof  and  witljij 
3  marine  miles  of  tho  coasts,  bays,  creeks,  and  harbors  ot  those  parts  or  poitioa 
ot  tho  dominions  in  Amerior.,  of  his  said  hito  Majesty  George  tho  Third,  Ijciiig  noJ 
the  dominions  in  America  of  her  present  Majesty  Queen  Victoria,  not  included  wiihii 
tho  limits  speeitied  and  deiined  in  tho  said  first  article  of  tho  said  convention  and  sel 
cut  •vnd  recited  in  tho  first  paragraph  hereof,  tho  said  ship  or  vessel  Ella  M.  Donglitjl 
was  found  to  bo  preparing  to  fish  within  tho  said  distance  of  3  iiiarino  miles  ol 
tho  said  coasts,  bays,  crooks,  and  harbors,  contrary  to  tho  provisions  of  tho  said  conl 
volition  end  of  tho  said  several  acts,  and  tho  said  vessel  Ella  M.  Doughty  and  hcJ 
cargo  was  thereupon  seized,  within  3  marine  miles  of  tho  coasts  or  shores  ofihl 
said  bay  or  harbor  of  St.  Anne's,  by  Donald  McAuley  and  Lauchlin  G.  Campbell,  oil 
ccrs  of  tho  customs  of  Canada,  as  being  liable  to  forfeiture  for  violation  of  tbo  saif 
convention  and  of  th^  oaid  several  acts.  ♦ 

14.  During  tho  mouths  of  April  and  May,  1880,  tho  said  Warren  A.  Doughty,  uii 
ter,  and  tho  otllcers  and  crt'w  of  tho  said  ;:l'in  or  vessel  Ella  M.  Doughty,  did,  iiit' 
said  ship  or  vessel  EllaM.  Doughty,  enter  within  3  marine  milcH  of  tho  coast,  bayij 
creeks,  and  harbors,  contrary  to  tho  provisions  of  tho  said  convention  of  the  I'roviiid 
of  NovaSootia,  being  a  portion  of  the  dominions  of  America  of  his  lato  Majesty  Kin|j 
George  tho  Third,  and  low  of  her  said  Majesty  Queen  Victoria,  not  included  withj 
tho  limits  specilied  and  deiined  in  th'  said  tirst  article  of  the  said  convention  ami  r 
out  and  recited  in  tbo  first  paragraph  hereof,  for  tho  purpose  of  procuring  Imit,  tb 
is  to  say,  herrings,  wherewith  to  lisli,  and  ice  for  the  preservation  on  board  saiilvM 
sol  of  bait  to  bo  used  in  fishing,  and  of  fresh  lish  to  be  fishetl  for,  taken,  and  eanghl 
by  and  upon  tho  said  vessel,  and  by  the  master,  oflicera,  and  crew  thoreof,  aud  pro 
cure  such  bait  wherewith  to  fish,  and  such  ice  for  tho  purpose  aforesaid,  and  did* 
enter  for  other  purposes  than  the  purpose  of  shcltcsr  or  repairing  dnniages,  orof  pnH 
chasing  wood,  or  of  obtaining  water,  contrary  to  tho  provisions  of  the  said  couventior 
and  of  tho  several  acts,  and  tho  said  vessel  Ella  M.  Doughty  and  her  cargo  were 'heR 
upon  seized,  within  3  niarino  miles  of  the  coast  or  shore  of  tlie  saiil  Pro?inee« 
Nova  Seotia,  by  Donald  McAnley  and  Lauchlin  G.  Campl-ell,  oflicoi-s  of  the  eiistom 
of  Canada,  as  being  liable  to  forfeiture  for  breach  of  the  said  convcntiou  ami  of  1 
sai«l  several  acts. 

15.  Duving  tho  months  of  April  and  May,  1886,  tho  said  Warren  A.  DonghtT,t» 
master  of  the  said  ship  or  vessel  Ella  M.  Doughty,  and  tho  otlirors  and  cre,voftli| 
said  ship  or  .essel  Ella  M.  Doughty,  did  in  tbo  said  ship  or  vessel  Ella  M.  Dongmyl 
and  whilo  1)0  n-id  thoy  and  tho  sftitl  ship  or  vessel  Ella  M.  Doughty  werr,  witimjP 
marine  miles  of  tlio  coasts,  bays,  creeks,  and  harbisrs  of  tho  Province  of  Nova  bcoWj 


KIGHTS    OF    AMERICAN    FISHERMEN. 


429 


Wnffaimrlionof  lilt'  (loiuiiiionsin  Aiuorica  foniiarly  of  his  lato  Majesty  Kiiij^  Goorjjo 
bThird,  and  now  ot  Hur  Majesty  Queon  Victoria,  iu;t  ricluded  in  the  limits  speci- 
1  mil  (leliui'tl  i"  ^1'^'  '"'■'^  *''™^  iirticlo  of  the  said  couvontioii,  and  sot  out  and  recited 
itlietiidfirst  panij;raj»h  licreof,  lish  for  li-iii,  tako  (isU,  and  dry  and  euro  iisli,  and 
L>  pri'iimnii  to  fish  within  tbo  meaning  of  tho  said  convention  and  of  the  said  sev- 
Lla't.H,  andTlio  said  v<'8ho1  Ella  M.  Donj^hty  and  her  cargo  were  thcronpon  seized, 
Btiiiu ;!  uiariuo  miles  of  tho  coasts  or  shores  of  tho  said  Province  of  Nova,  Scotiu,  by 
Ljld  jIcAiiloy  and  Lauchlin  G.  Oanipbcll,  officers  of  the  cnstoms  of  Canada,  as  bo- 
Llialiiotoforleitnro  for  breac'.  or  violation  of  tho  said  conveqtion  and  of  tho  said 

Ircral  acts. 

Ilti.  Uuriiig  tlm  month)  of  April  and  May,  I88tt,  tho  said  Warren  A.  Doughty,  the 

Istcruf  tlio  said  ship  or  vessel  Ella  M.  Doughty,  and  tho  officers  and  crew  of  tho 

|ilslii|i  or  vessel  Ella  M.  Doughty,  wore  in  tliu  said  t  liij)  or  vessel  Ella  M.  Doughty, 

1  while  I'l!  and  they  and  tho  said  ship  or  vessel  Ella  M.  Doughty  were  within  3 

iriiw  miles  of  the  coasts,  bays,  creeks,  and  harbors  of  the  Province  of  Nova  Scotia, 

^i)t',i|iortioii  of  tho  dominions  in  America  formerly  of  his  lato  Majesty  King  Georgo 

Tiiiid,  'lid  now  of  Her  Majesty  Qucien  Victoria,  not  included  within  the  limits 

lilitdand  delined  in  the  said  first  article  of  tho  said  convention  sot  r-t  and  recited 

fihelirst  paragraph  hereof,  preparing  to  lish  within  tbo  nio.auing  of  tho  said  cou- 

Intionandof  the  several  acts  hereinbefore  mentiouer'.,  contrary  to  the  piovisions  of 

esaidcouvcntion  and  of  the  said  several  acts,  and  tin  said  vessel  Ella  M  Doughty 

J iier  cargo  wore  thereupon  seized,  within  :?  miles  of  tho  coasts  or  chores  of  the 

dProvincoof  Nova  Scotia,  by  Donald  McAnloy  and  Lauchlin  G.  Campbell,  officers 

[tlie customs  ot  Canada,  as  being  liable  to  forfeiture  for  violation  of  tho  said  con- 

Vtion  and  of  tlu*  said  several  acts. 

olie  Hon.  John  S.  D.  Thompson,  Her  Majesty's  attorney-general  for  tho  Dominion 
fi'auaila,  on  beh.ilf  of  Her  Majesty  the  Queen,  claims  the  condemnation  of  tho  said 
Ipmd  her  cargo  and  iier  gur.s,  ammunition,  tackle,  apparel,  furnituro,  and  stores 
hiolatiou  of  the  said  convention  and  of  the  said  several  acts. 

WALLACE  GRAHAM, 
•        Solicitor  for  the  Attorn^-Gencial  of  Ca7tada. 


No.  G5. 


bounbtv,  I 
Icri'.yoftbt 
}l.  Doiigbtyl 
|erc  wiiiiDf 
^ova  ScDti'J 


Mr.  Bayard  to  Mr.  Fhcljys. 

1.3(2.]  Department  of  State, 

Washington,  July  30, 1880. 

Sir:  Notwitlistaiuliiij^  tho  o.\i)res8  liiiigiia<j:e  of  Article  I  of  the  coii- 
htioii  between  tlie  Uiiitetl  States  and  Great  Britain,  concliKled  Octo- 
:ill,  ISIS,  by  which  it  is  provided  that  tho  inhabitants  of  the  two 
litnu'tinjf  countries  *'  shall  ha\'e  forever  in  comn:on    •    ♦    •     the 
jtrty  to  take  fi.sh  of  every  kind  "  on  certain  coasts  therein  described, 
'  aspart  thereof,  "  on  that  part  of  the  southern  coast  of  Newfound- 
I  winch  extends  from  Cape  Itay  to  the  lianieau  Islands  on  the  west- 
land  nortiiern  coast  of  Nev.'foundland ;  from  the  said  Cape  Kay  to 
jQuirpoii  Islands,  on  the  shores  of  the  Magdalen  Islands,  and  also 
|tlie  coast,  bays,  harbors,  and  creeks  from  Mount  .Jo!y,  on  the  south- 
coast  of  Labrador,  to  and  through  the  Straits  of  Belle  Isle,  and 
into  iioitliwardly  indefinitely  along  the  coast,  without  prejudice. 
Fever,  to  any  of  the  exclusive  rights  of  the  Hudson  Bay  Company," 
lave  to  day  received  tho  sworn  statements  of  the  captain  of  an 
|erieaii  fishing  vessel,  tlu)  Thomas  F.  liayard,  of  Gloucester,  Masa., 
lie  ctl'cct  that  ho  has  been  hindered  of  his  lawful  rights,  so  expressly 
M  by  llie  convention  referred  to,  '*  to  take  lish  of  every  kind  "  in 
^Uiirbor  of  Bonne  Bay,  on  the  western  coast  of  Newfoundland  and 

1  the  geographical  limits  hereinbefore  stated. 
ploseu  copy  of  the  affidavit  and  likewise  of  the  formal  notice  re- 
i«lliythe  master  of  theThomasF.  Bayard  from  tho  customs  officials  at 
ineBay,  whereby,  to  avoid  tho  seizure  of  his  vessel  bj  tho  local  au- 


430 


RIGHTS    OF    AMERICAN    FISHERMEN. 


thority  ol"  NewloniuUaiul,  lie  wiis  comiu'llod  to  abstiiin  iioiii  the  exercise] 
of  Lis  lawful  right  to  obtain  tish  for  bait  to  b<»  used  in  the  open  scalisii  I 
ing,  and  to  break  up  liis  voyage  and  return  home,  thus  sulTeriiig  TreaJ 
loss.  *    I 

The  aflidavit  of  Captain  IVIcEachern,  of  the  American  schooner  Jlaj.| 
cot,  of  Gloucester,  Mass.,  which  I  hand  you  herewith,  discloses  tliofactl 
of  the  threat  of  the  customs  officials  at  Port  Amherst,  in  the  Magdalenl 
Islands,  to  seize  his  vessel  should  he  there  obtain  fresh  fish  for  bait  iijl 
though  those  islands  are  expressly  designated  and  included  in  tiic  n'^ioil 
wherein  the  liberty  forever  to  take  llsli  of  every  kind  is  expresslyiicJ 
cured  by  the  convention  of  1818. 

Previous  attempts  or  suggestions  have  been  made  by  the  local  nt 
thorities  of  Newfoundland  to  inhibit  the  jiurchase  or  sale  of  fresh  lis) 
for  use  as  bait,  and  the  same  have  been  distinctly  disapproved  bjEeJ 
Majesty's  Government,  notably  by  the  Duke  of  Newcastle,  wheusecrel 
tary  of  state  for  the  colonies,  in  his  dispatch  of  August  3,  18C3,  to  tlifj 
governor  of  Newfoundland,  Sir  A.  IJannerman,  a  copy  of  wiiicli  voi 
will  find  at  page  111  in  the  public  document  (Ex.  Doc.  No.  84,  llousi 
of  IJepreseutatives,  Forty-sixth  Congress,  second  session)  sent  yoiil| 
this  mail.* 

You  will  ideaso  draw  the  attention  of  Her  Majest.Y's  secretary  i 
state  for  foreign  affairs  (Lord  Iddesleigh)  to  these  infractions  of  toatj 
rights,  and  retpiest  that  such  instructions  may  be  ,)romptly  issii.dl 
the  Newfoundland  oflicials  as  will  prevent  a  recurrence  of  such  wro 
to  the  lawful  pursuits  of  American  citizeiis ;  and  you  will  also  no 
his  lordship  that  remuneration  for  the  damages  incurred  by  tlmva 
sels  and  their  owners  in  the  cases  .referred  to  in  this  instruction  wi 
claimed  on  behalf  of  the  sufferers,  so  soon  as  the  amount  is  accurattll 
ascertained. 

I  am,  &c., 

T.  F.  BAYAKD.I 


[rnclusurcH.] 


1.  Ex.  Doc.  No.  84,  House  of  RcpiesciitativoB,  Forty-sixth  Coiif^retss,  Hecoiid* 
sion  (not  I'opriutcd  hertiwith). 

2.  Mr.  Woodbury  to  Mr.  Uavurd,  Boston,  July  2S,  1880,  with  iuclosures.    (.SecS 

m,  i».  187.) 


No.  GG. 
Mr.  Phelps  to  Mr.  Bayard. 

No.  351.]  Legation  of  the  United  States, 

Lomlon,  tiepUmher  13, 1880.     [lleceived  Seiitcniber  2i.| 
Sir  :  1  have  the  honor  to  transmit  to  you  herewith  a  copy  of  a  notes 
by  nio  to  Lord  Iddesleigh,  Her  Majesty's  secretary  of  state  f<ir  *"{*. 
aifairs,  under  date  of  September  11, 188(5,  on  the  subject  of  tliewij 
diau  fisheries. 

And  I  have,  &c.,  „,„„ 

'  E.J.  PHELPS 

*  This  document  comprisea   the  correspondence  in  relation  to  tlio  Fortonc 
occurrences. 


ItlGllTS    OF    AMKRICAN   FISHERMEN. 


431 


(Inclosuro  No.  1,  •with  Mr.  Flielps'a  No.  S."!!.] 

Mr.  Phelps  to  Lord  Iddealeigh. 

Lkgation  o.'i"  the  Unitkd  States, 

London,  /September  11,  1886. 
My  Lord:  I  have  the  honor  to  acknowledge  the  receipt  of  your  note  of  September 
(lu  tbe  subject  of  the  Ciinadiau  lisberics. 

I  received  also  on  the  Kith  of  August,  last,  from  Lord  Rosebery,  then  foreign  secre- 
.  jj  gopy  of  a  note  on  the  sanio  subject,  dated  July  23, 1886,  addressed  by  his  Lord- 

Jiip'  throiii;li  the  British  minister  at  Wushington,  to  Mr.  Bayard,  the_  Secretary  of 
itato  of  tlio  United  States,  in  reply  to  a  note  from  Mr.  Bayard  to  the  Britisli  minister 
fc(M:iv  10,  and  also  to  mine  addressed  to  Lord  Rosebery  under  date  of  June  2.  The 
ktireiucnt  of  Lord  Rosebery  from  office  immediately  after  I  received  his  note,  pre- 
Eeiited  a  continuance  of  the  discussion  with  him.  And  in  resuming  tlio  subject  with 
hoar  loidsliii),  it  may  be  proper  to  refer  both  to  Lord  Rosebery's  note  and  to  your 
fcffn.  In  doing  so  I  repeat  iu  substanco  considerations  expressed  to  you  orally  in  re- 
tent  interviews. 

Mv  note  to  Lord  Rosebery  was  confined  to  the  discussion  of  the  case  of  the  David 

AdaiiiSi  the  only  seizure  in  reference  to  wli  ich  the  details  lad  then  been  fully  made 
known  to  ine.  The  points  present(jd  in  my  note,  and  the  arguments  iu  support  of 
Jicni,  need  not  bo  repeated. 

So  answer  is  attempted  in  Lord  Rosebery's  reply.  He  declines  to  discuss  the  ques- 
<  involved  on  the  ground  that  they  are  "now  occupying  the  c^t+nntion  of  the 
mirisdf  law  in  the  Dominion,  and  may  possibly  form  the  subject  of  an  appeal  to  the 
Indicial  coniuiittoe  of  Her  Majesty's  privy  council  iu  England." 

lie  adds: 

"It  is  believed  that  the  courts  in  Canada  will  deliver  judgment  in  the  above  cases 
Jcry  lihortlv,  and  until  tlie  legal  proceedings  now  pending  have  been  brought  to  a 
»nclii9ion,  Her  Majesty's  Governnicnt  do  i»ot  feel  justified  in  expressing  an  opinion 
j\m  them,  either  as  to  facts  or  the  legality  of  the  action  taken  by  th«?  colonial  au- 
llioritics." 

And  yotir  lordship  remarks,  in  your  note  of  August  24,  "  it  is  clearly  right,  accord- 
k'to  jiractico  and  precedent,  that  such  diplomatic  action  should  bo  suspended  pend- 
jngtiie  completion  of  the  judicial  inquiry." 

This  is  a  proposition  to  which  the  United  States  Government  is  unable  to  accede. 

Tiio  seizures  complained  of  are  not  the  acts  of  individuals  claiming  private  rights 
kliielican  bo  dealt  with  only  by  judicial  determination,  or  whicli  depend  upon  facts 
jliat  need  to  bo  ascertained  by  judicial  inquiry.  Tliey  are  the  acts  of  the  authorities 
Iftiiiiada,  who  profess  to  bo  acting,  and  in  legal  elfect  are  acting,  under  the  author- 
ity of  Her  Majesty's  Government.  In  the  report  of  the  Caniidian  minister  of  marine 
md  lisiiories,  which  is  annexed  to  and  adopted  as  a  part  of  Lord  Rosebery's  note,  it 
tsaid: 

'The  colonial  statutes  have  received  the  sanction  of  the  British  rovereign  who, 
lid  not  the  nation,  isactnally  the  party  with  whom  the  United  States  made  the  con- 
lention.  The  officers  who  are  engaged  in  enforcing  the  acts  of  Canada,  or  the  laws 
If tbc  Empire,  aro  Her  Majesty's  officers,  whether  their  authority  emanates  directly 
pill  the  Queen  or  from  her  representative,  tlio  governor-general'" 

The  j^rouiul  Upon  which  the  seizures  complained  of  are  principally  justified  is  the 
;;ation  that  the  vessels  in  question  were  violating  the  stipulations  of  the  treaty 
lotwien  the  United  States  and  Great  Britain.  This  is  denied  by  the  United  States 
Buvininiout.  The  facts  of  the  transaction  aro  not  seriously  in  dispute,  and,  if  they 
W.could  bo  easily  ascertained  by  both  Governments  without  tlio  aid  of  the  judicial 
Tibimals  of  either,  and  the  question  to  be  determined  is  the  true  interpretation  of  the 

tfaty  as  understood,  and  to  be  administered  between  the  high  contracting  parties. 
,  Tliu  iiroposltion  of  Her  Majesty's  Government  amounts  to  this,  that  before  the  United 
llatcs  cau  obtain  consideration  of  their  complaint  that  the  Canadian  authorities 
l^itliont  justification  have  seized  and  aro  proceeding  to  conliscato  American  vessels, 
ri'snltof  the  proceedings  in  the  Canadian  courts,  instituted  by  the  captors  o"  the 

"ills  of  the  seizures,  must  bo  awaited,  and  the  decision  of  that  tribunal  ou  the  in- 
^rnatioDal  questions  involved  obtained. 

I I  lie  ratorpretatiou  of  a  treaty  when  it  becomes  the  subject  of  discussion  between 
»o  uovorninents  is  not,  I  respectfully  insist,  to  be  settled  by  the  judicial  tribunals 
I  either.  That  would  be  placing  its  construction  in  the  hands  of  one  of  tbe  parties 
'it.  It  cau  only  bo  interpreted  for  such  a  parpose  by  the  mutual  consideration  and 

cement  which  were  necessary  to  make  it.     Questions  between  individuals  arising 
jon  tbo  terms  of  a  treaty  may  bo  for  the  c jurts  to  which  they  resort  to  adjust. 
IVaestions  between  nations  as  to  national  rights  secured  by  treaty  are  of  a  very 

"letent  character  and  must  be  solved  iu  another  way. 


432 


RIGHTS   OF   AMElilCAN   FISHERMEN, 


The  United  States  Govciumeut  is  no  party  to  the  piocoediugH  instituted  bvtl  i 
British  authorities  in  Canada.  Nor  can  it  consent  to  bocouio  a  partj'.  TLo  proceeS' 
iugs  themselves  are  what  the  Uuitod- States  complain  of  as  imauthorized,  aswclU 
unfriendly.  It  avouUI  bo  iuconsisSout  with  the  dignity  of  a  sovereifru  power  to  k 
come  a  party  to  such  proceedings,  or  to  eeeli  redress  in  any  way  in  the  courts  of  aT  1 
other  country  for  what  it  claims  to  bo  tho  violation  of  treaty  stipulations  bytli. 
authorities  of  that  country.  ' 

Still  less  could  it  consent  to  bo  made  indirectly  a  party  to  the  suits  by  being  required 
to  await  the  result  of  such  defense  as  tho  individuals  whoso  property  is  implicated 
may  bo  able  and  may  think  proper  to  set  up.  j 

Litigation  of  that  sort  may  bo  indeliuitely  prolonged.    Meanwhile  fresh  8oizurej| 
of  American  vessels  upon  similar  grounds  are  to  be  expected,  for  which  redress  i 


in  like  manner  await  the  decisions  of  tho  local  tribunals,  whoso  jurit<diction  thocap- 1 
tors  invoke  and  the  United  States  Government  denies.  "^j 

Nor  need  it  be  again  pointed  out,  how  difi'erent  may  bo  the  question  involved  be- 
tweon  the  Governments  from  that  which  these  proceedings  raise  in  the  Canadian  conrtj 
Courts  in  such  cases  do  not  administer  treaties.  They  administer  only  tho  statutes  that 
are  passed  in  pursuance  of  treaties.  If  astatnte  contravene  the  provisions  of  a  treatv 
British  courts  aro  nevertheless  bound  by  the  statute.  And  if,  on  tlio  other  hand 
there  is  a  treaty  stipulation  which  no  statute  gives  the  means  of  enforcing,  tho  conit 
cannot  enforce  it. 

Although  the  United  States  Government  insists  that  there  is  no  British  or  colonial 
act  authorizing  the  seizures  complained  of,  if  the  British  courts  should  uoverthelca 
lind  such  authority  in  any  existing  statute,  the  question  whether  tho  statute  itself 
or  tho  construction  given  it  is  warranted  by-tho  treaty  would fttill  remain,  Andak 
the  still  higher  question,  whether  if  the  strict  technical  reading  of  the  treaty  m' 
be  thought  to  warrant  such  a  result,  it  is  one  which  ought  to  bo  enforced  betivnn 
so>  ^roigu  and  friendly  nations  acting  in  the  spirit  of  the  treaty 

Tho  United  States  Government  must  therefore  insist  that,  irrespective  of  thofiitrai 
result  of  tho  Canadian  lejcal  proceedings,  tho  authority  an(l  propriety  of  which  istlit 
subject  of  dispute,  and  without  waiting  their  conclusion,  it  is  to  Her  Majesty's  Got- 
ornment  it  roust  look  for  redrcoS  and  satisfaction  for  tho  transactions  in  question,  and 
for  such  instructions  to  tho  colonial  authority  as  will  prevent  their  repetition. 

While,  as  I  have  observed.  Lord  Ilosebery  declines  to  discuss  tho  question  of  tliii, 
legality  of  these  seizures,  tho  able  and  elaborate  report  on  tho  subject  itom  the  Cana- 
dian minister  of  inarino  apd  fisheries,  which  is  made  a  partof  it,  attempts  in  very  gen- 
eral terms  to  sustain  their  authority.     Ho  says: 

"  It  is  claimed  that  tho  vessel  (the  David  J.  Adams)  violated  thotrcaty  of  IH^aud 
consequently  tho  statutes  which  exist  for  the  enforcement  of  tho  treaty." 

It  is  not  clear  from  this  language  whether  it  is  meant  to  be  asserted  that  if  an  act, 
otherwise  lawful,  is  prohibited  by  a  treaty,  tho  commission  of  tho  act  becomes  a  viol 
tion  of  a  statute  which  has  no  reference  to  it,  if  tho  statute  was  enacted  to  carry onti 
tho  treaty,  or  whether  it  is  intended  to  say  that  there  was  in  oxisteuco,  prior  to  tk 
seizure  of  the  vessel  in  question,  some  statute  which  did  refer  to  tho  act  c 
of  ami  did  authorize  i)roceeding3  or  provide  a  penally  against  American  fishing  vessel 
for  purchasing  bait  or  su)>plies  in  a  Canadian  port  to  bo  used  in  lawful  fishing. 

Tho  former  proposition  does  not  seem  to  require  refutation.    If  the  latter  is  intended,! 
I  have  respectfully  to  request  that  your  lordship  will  havo  the  kindness  to  direct 
copy  of  such  act  to  bo  furnished  to  mo.    I  have  supposed  that  none  such  existed,  am 
neither  in  tlio  report  of  tho  Canadian  minister,  nor  in  tho  customs  circulars  orwarn' 
ings  thereto  appended,  in  which  attention  is  called  to  tho  various  legislation  ontI 
subject,  is  any  such  act  pointed  out. 

The  absence  of  suph  statute  provision  (dther  in  tho  act  of  Parliament  (.')D  Geo,  Ill|t. 
I'S)  or  ill  any  subsequent  colonial  act,  is  not  merely  a  legal  objection,  though  quite 
sutiicient  one,  'to  tho  validity  of  the  proceedings  in  question.  It  aftbrds  the  mostsatii 
factory  evidence  that  up  to  the  time  of  tho  present  controvoray  no  such  constrnctior 
has  been  given  to  tho  treaty  by  tho  British  or  by  tho  colonial  parliament,  asia 
sought  to  be  maintained. 

No  other  attempt  is  made  in  tho  rejiort  of  the  Canadian  minister  to  justify  tlieli 
gality  of  these  seizures. 

It  is  ap|iarcnt  from  tho  whole  of  it  that  ho  recognizes  the  ijecossity  of  thoproi: 
(Hiuctmcut  of  the  act  of  the  Canadian  I'arliament  already  alluded  to  iu  order  to 
lain  them. 

This  remark  is  further  confirmed  by  the  comniuuication  from  tho  Marquis  of  La: 
(lowne,  governor-general  of  Canada,  to  Lord  Granville,  in  reference  to  that  act,! 
nexed  liy  Lord  Rosebery  to  his  second  note  to  the  British  minister  of  .July  23,  l!l^i 
copy  of  which  was  sent  me  by  his  lordship,  in  connection  with  his  other  note  of  sai 
dale  above  referred  to 

I  <io  not  observe  upon  other  points  of  tho  minister's  report  notbearing  upon  thopoim 
of  note  to  Lord  Rosebery.    So  far  as  they  relate  to  the  communications  addreweo  * 


RIGHTS    OF   AMERICAN   FISHERMEN. 


433 


f  tb'Britisli  minmtcr  by  Mr  Bayard,  I  ho  Secretary  of  State  will  donbtlosa  make  sncli 
1  TMilv  as  umy  seem  to  liiiii  to  bo  ciillcd  lor. 

Ill  various  jHIilt  iub:<iinco8  AiiKuiciin  vessels  have  been  seized  or  driven  away  by  the 
woviucinl  authorities  whou  not  engaged  or  proposing  to  engage  in  any  illegal  em- 

'  ^  Sonio  of  thcso  cases  are  similar  to  that  of  the  Adams,  the  vessels  having  been  taken 

iKissesslon  of  for  pnrchaslng  bait  or  snpplies  to  bo  used  in  lawful  fishing,  or  for  al- 

i  Ucd  technical  breach  of  cnstom-honso  regulations,  wnero  no  harm  was  either  in- 

tcmlcd  or  committed,  and  nnder  circumstances  in  which  for  a  very  long  time  such 

tfcnliitions  biivobeen  treated  as  inapplicable. 

t    Iq  other  cases,  an  arbitrary  extension  of  the  three-mile  limit  fixed  by  the  treaty  has 

[ken  ftiinonnced  so  as  to  include  within  it  portions  of  the  high  sea,  such  as  the  Hay 

of  Fiiiulv,  tho  Bay  of  Chaleur,  and  other  similar  waters,  and  American  fishormea  have 

ken  iireveuted  from  iishiug  in  those  places  by  threats  of  seizure.     I  do  not  propose 

at  this  time  to  discuss  the  question  of  the  exact  location  of  that  line.    But  only  to 

[protest  against  its  extension  in  the  manner  attempted  by  the  provincial  authorities. 

To  two  recent  instances  of  imterforonco  by  Canadian  ollicers  with  American  lishor- 
[nicu  of  a  Homewhut  (liilercnt  pharacter,  I  am  specially  instructed  by  my  Government 
[toiisk  your  lordship's  attention,  those  of  the  schooners  Thomas  F.  Bayard  and  Mascot. 
Tlicso  vessels  were  proposing  to  fish  in  watora  in  which  the  right  to  lish  is  expressly 
Isccureil  to  Americans  by  the  terms  of  the  treaty  of  181H ;  the  former  in  Bonne  Bay, 
Ion  the  northwest  coast  of  Newfoundland,  and  the  latter  near  the  shores  of  the  Mag- 
1  diilcii  Islands.  i 

I  lor  this  purpose  the  Bayard  attempted  to  purchase  baitm  the  port  of  Bonne  Bay, 

Ikviug  reported  at  the  custom-house  and  announced  its  object.    Tho  Mascot  made' a 

[giniilar  attempt  at  Port  Amherst  in  the  Magdalen  Islands,  and  also  desired  to  take 

[oil  lioard  a  pilot.    Both  vessels  were  refused  permission  by  tho  authorities  to  purchase 

[kit,  iuid  tlio  Slascot  to  take  a  pilot,  and  were  uotiticd  to  leave  tho  ports  within 

[twiity-four  hours  on  penalty  of  seizure.     They  were  therefore  compelled  to  depart, 

[to  break  up  tbcir  voyages,  and  to  return  home,  to  their  very  great  loss.     I  ai»pond 

Iconics  of  tiio  allidavits  of  tho  masters  of  these  vessels,  stating  tho  facts. 

Vourlordsbip  will  observe,  upon  reference  to  the  treaty,  not  only  that  tho  right  to  iish 

II those  waters  is  conferred  by  it,  but  that  the  clause  prohibiting  entry  by  American 

iisluTmcii  into  Canadian  ports,  except  for  certain  specified  purposes,  which  is  relied 

Ion  by  the  Canadian  Government  in  tho  cases  of  tlio  Adams  and  of  some  other  ves- 

pIs,  liiis  no  application  whatever  to  tho  ports  from  which  tho  Bayard  and  the  Mascot 

lucre  cxcliuled.    Tho  only  prohibition  in  the  treaty  having  reference  to  those  ports  is 

jai;:iiiist  curing  and  drying  iish  there,  without  leave  of  tho  inhabitants,  which  tho 

Ivesseis  excluded  had  no  intention  of  doing. 

The  conduct  of  the  provincial  ofliccrs  toward  these  vessels  was  therefore  not 

merely  unfriendly  and  injurious,  bat  in  clear  and  plain  violation  of  tho  tonus  of  tho 

[treaty.   And  I  am  instructed  to  say  that  reparation  for  tho  losses  sustained  by  it  to 

|thco\vncr8of  tho  vessels  will  bo  claimed  V)y  the  United  States  Government  on  their 

Iklialf  aa  soon  as  tho  amount  can  be  accurately  ascertained. 

I  It  will  be  observed  that  interference  with  American  fishing  vessels  by  Canadian 
|autboritie8  is  becoming  more  and  more  frequent,  and  more  and  more  llagrant  in  its 
|ilis:c;^ard  of  treaty  obligations  and  of  the  principles  of  comity  and  friendly  intercourse. 
po  I'orbearanec  and  moderation  of  the  United  States  Government  in  respect  to  them 
bpear  to  have  been  misunderstood  and  to  have  l)een  taken  advantage  of  by  tho 
broviaeial  government.  Tho  course  of  tho  United  States  has  been  dictated,  not  only 
h  iiii  anxious  desire  to  preserve  friendly  relations,  but  by  tho  full  confidence  that 
pe  iutorpositiou  of  Her  Majesty's  Government  would  be  such  as  to  put  a  stop  to  tho 
nransactinns  complained  of,  and  to  afford  reparation  for  wh.at  has  already  taken  place. 
uho subject  has  become  one  of  grave  importance,  and  I  earnestly  solicit  tho  imme- 
piate  attention  of  your  lordship  to  tho  question  it  involves,  and  to  the  views  pro- 
Tfiited  in  my  former  note  and  in  those  of  the  Secretary  of  State. 
Tho  proposal  in  your  lordship's  note  that  a  revision  of  the  treaty  stipulations  bear- 
In;;  upon  the  subject  of  tho  fisheries  should  be  atteniptod  by  tho  Govornmont,  upon 
lliebasisof  mutual  concessions  is  one  that  under  other  circumstances  would  merit 
•nil reeoiye  serious  consideration.  Such  a  revision  w.is  desired  by  tho  Government 
►j  the  United  Statues  beforo  the  j)resent  disputes  arose,  and  when  there  wasareasoua- 
We prospect  that  it  might  have  been  carried  into  etfect.  Various  reasons  not  Avithin 
pcontrol  now  concur  to  make  tho  present  time  inopportune  for  that  purpose,  an(l 
jwatly  to  diminish  tho  hope  of  a  favorable  result  to  such  an  effort.  Not  the  least  of 
|km  is  the  irritation  produced  in  tho  United  States  by  the  course  of  tho  Canadian 
7«veriimeiit,  and  tho  belief  thereby  engendered  that  a  new  treaty  is  attempted  to  bo 
prcedupou  tho  United  States  Government. 

^t  seems  apparent  that  tho  questions  now  presented  and  tho  transactions  that 
■«  tlio  sabjoct  of  present  complaint  must  be  considered  and  adjusted  upon  tho  pro- 
Bionsof  the  existing  treaty,  and  upon  tho  construction  that  is  to  bo  given  to  them, 

8.  Ex.  113 28 


434 


RIGHTS   OF   AMERICAN  FISHERMEN. 


A  just  couBtructiou  of  fjicso  stipulatious,  aud  buc'i  as  would  consist  with  thodi 
uity,  tbo  interests,  and  the  friendly  relations  of  tlio  two  countries,  ouglit  uot  to  t 
difficult,  aud  can  doubtless  bo  arrived  at. 

As  it  appears  to  mo  very  important  to  these  relations  that  the  collisions  bctwMn 
tho  American  fishermen  and  tile  Canadian  ofittcials  should  torininato,  I  sujrgest  (o 
your  lordship  whether  an  ad  interim  construction  of  the  terms  of  tho  osistingtreatt 
cannot  bo  reached  by  mutual  understanding  of  tho  Governmonts,  to  ho  carried  or 
informally  by  instructions  given  on  both  sides,  without  prejudice  to  ultimate  claiin," 
of  either,  and  terminable  at  tho  will  of  either,  by  which  tho  conduct  of  tlio  busing, 
can  bo  so  regulated  for  the  time  being  as  to  prevent  disputes  aud  injurious  proceed- 
ings until  a  moro  permanent  understanding  can  be  had. 

Should  this  suggestion  meet  with  your  lordship's  approval,  porhiips  youmayln^ 
ablo  to  propose  au  outline  for  such  an  arrangement.  f 

I  am  not  prepared  nor  authorized  to  present  one  at  this  time,  but  may  horeafterlw 
instructed  to  do  so  if  tho  effort  is  thought  advisable. 
I  have,  <&c., 

E.  J.  PHELPS, 


(IncloBuro  No.  2  with  Mr.  PLolps'a  No.  351.  J 

Sworn  atatcment  of  James  McDonald,  master  of  the  Thomas  F.  Bayard,  dakd  Juhj  '&,w\ 
with  accompanying  notice  served  on  him  hy  N.  N.  Taylor,  officer  of  customs,  dated  Jiil 
12,  1886.  ' 

United  States  of  America, 

Commonwealth  of  Massachusetts : 

I,  James  McDonald,  of  Gloucester,  on  my  oath  do  say  I  am  master  and  parfcora 
of  tho  schooner  Thomas  F.  Bayard,  a  licensed  vessel  of  tho  United  States;  tbatshej 
sailed  witli  a  permit  to  trade  from  Gloucester  Juno  22,  on  a  trip  forLalibut,  W'i 
fished  on  tho  northwest  coast  of  Newfoundland,  near  Bonne  Bay,  where,  my  8upplj| 
of  bait  being  exhausted,  I  ran  into  tho  port  July  12  and  reported  at  tho  custoiahausfj 
stating  to  the  collector  that  my  purpose  was  to  buy  bait.    The  collector  immediatel,^ 
served  me  with  the  notice  hereto  appended  and  mado  part  of  this  affidavit,  1  had 
with  mo  a  copy  of  the  Canadian  Warning  of  March  5, 1886,  which  contained  the  clause 
2  of  the  treaty  of  1818.    This  I  slowed  to  tho  collector  aud  argued  that  I  had  tbj 
right  under  the  treaty  there  set  out.    In  substance  his  reply  was  that  he  badaa 
official  duty  to  perform  aud  would  not  permit  mo.  1 

Fearing  that  my  vessel  would  be  seized  should  I  remain  or  should  I  buy  bait  ortaka 
it,  I  determined  to  return  to  Gloucester,  as  my  trip  was  broken  up  by  reason  of  thea 
threats  in  the  notice  and  the  action  of  the  collector  in  refusing  to  recognize  tbo  righa 
secured  to  my  vessel  by  tho  treaty.  I  arrived  in  Gloucester  July  20.  Isaygrejj 
losses  aud  <laniagc8  have  inured  to  said  vessel,  her  owner,  .lud  crew  by  reason  of  1> 
ing  warned  off  said  coast  and  said  Bonno  Bay,  as  will  be  duly  mado  to  appear, 

JAMES  Mcdonald.  I 


Commonwealth  of  Massachusetts, 

Suffolk  ss:  ■ 

Boston,  Juli/  23,  M  j 

Then  personally  appeared  tho  above-named  James  McDonald  and  luadc  o.illi  tin 
tho  foregoing  statement  by  him  subscribed  is  true. 

CHARLES  G.  CHICK, 
Justice  of  the  I '(«('. 


(Inulosure  No.  3  with  Mr.  Pbeliia'a  No.  361.] 

Mr.  Taylor  to  Captain  McDonald. 

Bonne  nvY,JH?i/ 12, 1*< 

Sir:  lam  instructed  to  give  you  notice  that  the  presence  of  your  vessel  i"  tj 

port  is  in  violation  of  tho  articles  of  tho  international  convcnsion  of  1818  '^''Jy 

Great  Britain  and  the  United  States^  in  relation  to  fishery  rights  on  tho  coast  of  se< 

foandland,  aud  of  the  la^s  in  forco  in  this  country  for  the  enforccraout  of  tbo  ariicil 


KIGHTS   OI'^   AMERICAN   FISHERMEN. 


43S 


f  (ho  convention,  and  lliat  tlio  puicluiHo  of  bait  or  ice,  or  other  trausactiou  in  cou- 
"■ctioii  witli  lisbfiy  operatiouM,  within  ',i  miles  of  the  coasta  of  this  colony,  will  be  iu 
fiirtbcrviolatiou  oVtho  tonua  of  Haiti  couvcntiou  ami  laws. 
1  am,  &c., 

N.  N.  TAYLOR, 
Officer  of  Customs. 

Cant.  Jamks  McUonai-u, 

Schooner  Thomas  F.  Haijard, 


[iDclosiireKo.  4  witli  Mr.  I'belps'H  ^0.351.) 


Siror 


II  slattmcnt  of  Alexamler  McKavhern,  master  of  the  Mascot,  ^aled  July  27,  1886. 


I  STATK  of  MASSACllUSETrS, 

County  of  Essex. : 

Glouckstkk,  July  'J7,  1886. 

l!c  it  known  that  on  the  27th  day  of  Jnly,  in  tlio  year  of  onr  Lord  188(i,  before  iuo» 

I  Aaron  rursoiis,  a  notary  pnblic,  duly  cotuinisHioucd  and  sworn,  and  dwelling  at  Glou- 

astDi',  in  the  county  and  State  aforesaid,  personally  appeared  Alexander  McEachoru, 

[  M.sti'i'of  the  schooner  called  Mascot,  of  this  port,  who  deposes  aud  says :  That  ou  the 

lUilulayof  June,  18S(5A.  D.,  I  went  into  Port  Amherst,  Magdalou  Islands,  for  the  pur- 

I  ]insi;  of  bnyinfj;  bait,  but  as  soon  as  I  went  ashore  I  was  met  by  the  custom-house  offl- 

I  cials,  who  forbid  nie  from  so  doinj^,  stating  they  would  seize  my  vessel,  and  I  had  no 

ri;;lit  to  enjoy  any  privileges  Ikuo  except  to  get  wood  and  water.     I  informed  him 

lliat  I  wanic(l  to  take  a  ]tilot  so  I  could  find  a  spot  where  I  was  informed  the  Ashing 

was  {,'00(1.    Ho  also  said  if  I  shipped  such  i)ilot  or  laid  in  port  over  twenty-four  hours 

ihi'wuiili)  seize  my  vessel. 

[sKAi,.]  ALEX.  McEACHERN 


Before  mo. 


AARON  PARSONS,  N.  P. 


No.  07. 


Mr.  Porter  to  Mr.  Phelps. 

[No.  414.]  Department  of  State, 

Washington,  September  29, 1880. 
Sill:  I  transmit  to  you  herowitli,  for  your  informatioa,  a  copy  of  Mr. 
I  Bayard's  note  of  the  liSd  instant,  to  Sir  Lionel  West,  concerning  the  re- 
Iported  action  of  the  customs  officers  at  Slieep  Creek,  in  the  Straits  of 
jCaiiso,  ill  threatening  tbo  American  fishing  schooner  A.  E.  Crittenden 
jwitli  seizure  if  she  took  in  water.  Also  a  copy  of  Sir  Lionel  West's  re- 
iply  to  said  note. 
I  ani,  &c., 

JAS.  D.  POETEli, 

Acting  Secretary. 


[luclosorc.l 

'•  Mr.  Bayard  to  Sir  L.  West,  September  23,  1886. 
i.  8ir  L,  West  to  Mr.  Bayard,  September  25,  1386. 


(SeoNo.  40,  p.  47.) 
(See  No.  41,  p.  48.) 


43G 


BIGHTS    OF    ARIKUICAN    I'lSHEUMKN. 

No.  (JS. 

^[r.  Phelps  to  Mr.  Bayard. 


Lkgation  of  thk  United  Status, 
I,  October  12,  1S80.     [Received  October  2G 


No.  372.J 

London,  tfctooer  i-',  ifim.    [Keceived  Uctober 2C.] 
Sir:  1  liavo  llie  lienor  to  inclose  herewith  ii  copy  of  si  note  received 
by  uie  this  «lny  IVoiu  Loril  Iddesleigh  in  reierenco  to  the  Ciuiadiau  | 
fisheries. 

I  have,  &c., 

E.  J.  rnELPS. 


(IncloHuro  Willi  Mr.  I'liclpa'd  No.  372.] 
Lord  Iddcsldgh  to  Mr.  Vhclps. 

FoKEiGN  Okfick,  Odobir\{,\m.   . 
Sir  :  I  luivo  llio  honor  to  ackiiowlcdgo  the  receipt  of  your  nolo  of  tbo  lltli  ultimo. 
on  tlio  Buhjcctof  tlioCiiuadi.an  lisbcries,  and  I  beg  leave  to  acquaint  .voutliattho note 
18  under  tbo  careful  consideration  of  Her  Majesty's  Govoruinent  auil  tbat  an  auswfr 
will  iHi  returned  as  early  as  possible. 
I  bavo,  t&c, 

IDDESLEIGH. 


No.  69. 


Mr.  Bayard  to  Mr.  Phelps. 

No.  434.  J  Department  of  State, 

Washington,  October  20, 188(j, 
Sir:  1  inclose  herewith  for  your  information  a  copy  of  my  noteoftliej 
19th  instant,  to  Sir  Lionel  West,  concerninf?  the  soizmeot  the  Aincrli 
can  lishinj;  vessel  Everett  Steele,  of  Gloucester,  Mass.,  by  tlicCamuliaiij 
cutter  Terror,  on  the  10th  of  September,  1880,  in  the  harlior  of  Slielj 
burne,  Nova  Scotia. 
1  am,  &c., 

T.  F.  BAYAED. 


*  '  [Iiiclosuru.] 

Mr.  Bayard  to  Sir  Lionel  West,  October  19,  188(1.     (See  No.  44,  page  52.) 


No.  70. 
Mr.  Bayard  to  Mr.  Phelps. 

No.  40J.J  Department  of  State, 

Washinc  m,  N^ovembcrii,!^- 

Sir  :  On  October  7,  ISSG,  the  United  States  fishing  vessel,  tlij 
j\Iarion  Grimes,  of  Gloucester,  Mass.,  Alexander  Landry,  a  citizcu  o| 
the  United  States,  being  her  captain,  arrived  shortly  before  mid"ig!jt| 
under  stress  of  weather,  at  the  outer  harbor  of  Shelburno,  Nova  Scob" 


IIIGIITS   OP   AMERICAN   FISHERMEN. 


437 


The  iiiglit  was  stormy,  with  a  strong  head-wind  against  her,  and  I;er 
sole  object  was  temporary  shelter.  She  remained  at  the  spot  where 
she  aucljored,  which  was  about  seven  miles  from  the  port  ofShelburne, 
no  Olio  leaving  her  until  G  o'clock  the  next  morning,  when  she  hoistetl 
Htiil  ill  order  to  put  to  sea.  She  had  scarcely  started,  however,  before 
slie  was  arrested  and  boarded  by  a  boat's  crew  from  the  Canadian 
ciiiiHer  Terror.  Captain  Landry  was  compelled  to  i)roceed  to  Shelburne, 
about  seven  miles  distant,  to  report  to  the  collector.  When  the  report 
ffii8  made,  Captain  Landry  was  informed  that  he  was  fined  $400  for  not 
reporting  on  the  previous  night.  He  answered  that  t4ie  custom-house 
was  not  open  during  the  time  that  ho  was  in  the  outer  harbor.  He 
further  insisted  that  it  was  obvious  from  the  storm  that  caused  him  to 
take  shelter  in  that  harbor,  from  the  shortness  of  his  stay,  and  from  the 
ciicuinstances  that  his  equipments  were  exclusively  for  deep-sea  fishing, 
1111(1  that  ho  had  made  no  effort  whatever  to  approach  the  shore,  that 
liis  object  was  exclusively  to  find  shelter.  The  fine,  however,  being  im- 
poseil  principally  through  the  urgency  of  Captain  Quigley,  command- 
iiiffthe  Terror,  Captain  Landry  was  informed  that  he  was  to  bo  detained 
at  the  port  of  Shelburne  until  a  deposit  to  meet  the  fine  was  made.  He 
consulted  Mr.  White,  the  United  States  consular  agent  at  Shelburne, 
wboatonco  telegraphed  the  facts  to  Mr.  Phelan,  United  States  consul- 
general  at  Halifax,  it  being  of  great  importance  to  Captain  Landry,  and 
to  those  interested  in  his  venture,  that  he  should  proceed  on  his  voyage 
at  once.  Mr.  Phelan  then  telegraphed  to  the  assistant  commissioner  of 
customs  at  Ottawa  that  it  was  iin])0S8ible  for  (^ai)tain  Landry  to  have  re- 
pited  wliile  ho  was  in  the  outer  harbor  on  the  8th  instant,  and  asking 
thattlio  deposit  required  to  release  the  vessel  be  reduced.  He  was  told 
iiiropl.v  tliat  the  minister  declined  to  reduce  the  deposit,  but  that  it  might 
be  made  at  Halifax.    Mr.  Phelan  at  once  deposited  at  Halifax  the  $400, 

I  and  telegraphed  to  Captain  Landry  that  he  was  at  liberty  to  go  to  sea. 
On  the  evening  of  October  11  Mr.  Phelan  received  a  telegram  from  Cap- 
tain Landry,  who  had  already  been  keptfourdays  in  the  port,  stating  that 

j  "the  custom-house  officers  and  C  ptain  Quigley"refusedtoleLMim  goto 

I  sea.  Mr.  Phelan  the  ne;xt  morning  called  on  tlie  collector  at  Halifax  to 
ascertain  if  an  order  had  issued  to  release  the  vessel,  and  was  informed 

I  that  the  order  had  been  given, "  but  that  the  collector  and  captain  of  the 

j  erniser  refused  to  obey  it,  for  the  reason  that  the  captain  of  the  seized 
vessel  hoisted  tlie  American  flag  while  she  was  in  custody  of  Canadian 
otlicials."  Mr.  Phelan  at  once  telegraphed  this  state  of  facts  to  the  assist- 

,  iiiitcomuiissiouer  at  Ottawa,  and  received  in  reply,  under  date  of  August 
12,  the  announcement  that  "collector  has  been  instructed  to  release  the 
Grimes  from  customs  seizure.  This  department  has  nothing  to  do  with 
other  charges."    On  the  same  day  a  dispatch  from  the  commissioner  of 

;  customs  at  Ottawa  was  sent  to  the  collector  of  customs  at  Halifax  ro- 

I  tiling  the  order  to  release  the  Grimes,  and  saying  *'  this  [the  customs] 
'Iqiartinent  has  nothing  to  do  with  other  charges.    It  is  department 

I  ot  marine." 
The  facts  as  to  the  flag  were  as  follows : 
On  October  11,  the  Marion  Grimes,  being  then  under  arrest  by  order 

jof  local  oflicials  for  not  immediately  reporting  at  the  custom-house, 

jlioisted  the  American  Sag.  Captain  Quigley,  who,  representing,  as  ap- 
peared, not  the  revenue,  but  the  marine  department  of  the  Canadian 

jadiiiinistration,  was,  with  his  "cruiser,"  keeping  guard  over  the  ves- 
il, ordered  the  flag  to  bo  hauled  down.    This  order  was  obeyed;  but 

pbont  an  hour  afterwards  the.flag  was  again  hoistedjWhereupon  Captain 


438 


RIGHTS    OF   AMERICAN    FISHERMEN. 


Quiglcy  boarded  tlic  vessel  with  iiii  urmetl  crow  and  lowered  thoflaj 
himself.  The  vessel  was  liiially  releasi'd  under  orders  of  the  ciiHtoms 
department,  being  couipelled  to  pay  $8  costs  in  addition  to  tl  o  denosit 
of  $400  above  specified. 

The  seriousness  of  the  damage  inflicted  on  Captain  Landry  andthose 
interested  in  his  venture  will  be  understood  wJion  it  is  couHidorcd  ilidt 
ho  had  a  crew  of  twelve  men,  with  full  supplies  of  bait,  which  liinde 
teution  si)oiled. 

You  will  at  once  see  that  the  grievances  I  have  narrated  fall  under 
two  distinct  heads. 

The  first  concerns  tho  boarding  by  Captain  Quigley  of  the  Marion 
Grimes  on  the  morning  of  October  8tlu  and  compelling  her  to  go  to  the 
town  of  Shelburne,  there  subjecting  her  to  a  lino  of  $400  for  visiting  tlie 
port  without  reporting,  and  «letainingher  there  arbitrarily  foiirdiiv8,a 
portion  of  which  time  was  after  a  (leposit  to  meet  tho  fine  had  \m\ 
made. 

This  particular  wrong  I  now  i)roceed  to  consider  with  none  the  less 
gravity,  because  other  outrages  of  the  same  class  have  been  perpetrated 
by  Captain  Quigley.  On  August  18tli  last  I  J.ad  occasion,  as  you  will 
see  by  the  annexed  papers,  to  bring  to  tho  nolice  of  the  British  minister 
at  this  capital  several  instances  of  aggression  on  the  part  of  Captain 
(inigley  on  our  fishing  vessels.  On  October  19, 1880, 1  had  also  to  bring 
to  t}ie  British  minister's  notice  tho  fact  that  Captain  Quigley  had,  on 
September  the  10th,  arbitrarily  aviested  tho  Everett  Steele,  a  United 
States  fishing  vesso'  at  tho  outer  port  of  Shelburne.  To  these  notes  I 
liavo  received  no  reply.  Copies  aro  transmitted,  witl«  tho  accompany 
ing  papers,  to  you  in  connection  with  tho  present  instruction,  so  that 
the  cases,  as  part  of  a  class,  can  be  presented  by  you  to  Her  Majesty's 
Government. 

Were  there  no  treaty  relations  whatever  betweeu  tho  United  States 
and  Great  Britain,  were  tho  United  States  fishermen  without  any  other  i 
right  to  visit  those  coasts  than  aro  possessed  by  the  fishing  craft  of  any 
foreign  country  simply  as  such,  tho  arrest  and  bojirdiugof  the  (Jiinies, 
as  above  detailed,  followed  by  forcing  her  into  the  i)orfc  of  Sljclbunie, , 
there  subjecting  her  to  fine  for  not  reporting,  and  detainnig  her  until 
her  bait  and  ice  were  spoiled,  aro  wrongs  which  I  am  sure  Iler  Majesty's 
Governmeilt  will  bo  prompt  to  redress.    No  Governments  have  been  i 
more  earnest  and  resolute  in  insisting  that  vessels  driven  by  stress  of  J 
weather  into  foreign  harbors  should  not  bo  subject  to  port  exactions  I 
thf^n  the  Governments  of  Great  Britain  and  tho  United  States,    Solar 
has  this  solicitude  been  carried  that  both  Governments,  from  motives 
of  humanity,  as  well  as  of  interest  as  leading  maritime  powers,  have  | 
adopted  many  measures  by  which  foreigners  as  well  as  citizens  or  snln 
jects  arriving  within  their  territorial  waters  may  be  i)rotected  from  the 
perils  of  tho  sea.    For  this  purpose  not  merely  light-houses  and  light- j 
ships  .nre  placed  by  us  at  points  of  danger,  but  an  elaborate  lilesavinf; 
service,  well  equii)ped  with  men,  boats,  and  appliances  for  relief,  stndsj 
our  seaboard  in  order  to  render  aid  to  vessels  in  distress,  withoulreganl| 
to  their  nationality.    Other  benevolent  organizations  are  sanctioned  I 
(xovernment  which  bestow  rewards  on  those  who  hazard  their  lives  iiij 
the  protection  of  life  and  property  in  vessels  seeking  in  our  waterHJ 
rofuge  from  storms.    Acting  in  this  spirit  tho  Government  of  the  [Inited  1 
States  has  been  zealous,  not  merely  in  opening  its  ports  freely,  withontj 
charges  to  vessels  seeking  them  iu  storm,  but  in  insisting  that  its  own! 
vessels,  seeking  foreign  ports  under  such  circumstances,  and  exehi  f 


RKJIITS   OF    AMERICAN    FISIIERMKN. 


439 


sivelv  for  'ii«li  slioltor,  iiro  not  uiulor  tlio  law  of  nations  subject  to  cus- 

I  tom-iiouso  c'xiictions. 

Incases  of  vcshoIh  carriod  into  IJritiHli  portN  by  violoiico  or  stress  of  wcfttlior  [said 
llr,\V«bstcriii  iiiHtnictions  to  Mr.  l'vori>tt,  Jiiiio  1»8,  1842]  wii  inniHt  that  thcro  hIiuII 
i,>  nil  iiitorfcrt'iic'^  from  thu  liiiid  with  tlio  ruliitioii  or  piM'Honal  (;oiulitlou  of  tliom  on 
lioaril  aei'itnlin;;  (i>  tlio  lii\v8  of  tlicir  own  coimtry ;  that  vchkciIh  nntlcr  hucU  circuni- 

UiiiHCOsHliail  enjoy  thoeoininon  laWH  of  ho8i)i(ality,  Hiihjcctcd  to  no  force,  (entitled  to 
liavn  tln'ir  iniiuediiito  waiitH  and  neccHHiti(!H  reliove<l,  and  to  jiiu'.siu)  thoir  voyajjo  with- 

loiitninU'Htiilion. 

Ill  this  case,  that  of  the  Credo,  M\\  Whoaton,  in  the  Revue Franfaise 
idEtranfiirc  (IX,  345),  and  Mr.  Legard  (4  Op.  At.  Gen.,  98),  both  cini- 

miit  piiblicistH,  gave  opinions  that  a  vessel  carried  by  stress  of  weather 
[or  forced  into  a  foreign  port  is  not  snbject  to  the  law  of  such  port;  and 

I,  >  \vii8  siiHtained  by  Mr.  Bates,  the  umpire  of  tliceotnniission  to  whom 

lit'chiiiii  was  referred  (Hep.  Com.  of  185;},  244,  245): 

Tlii'iiimiicipal  law  of  l:]n{j;land  [ho  lie  said]  ennuot  auHiorizoaniagiHtrato  to  violate 

jiiii  l.nvof  iiiilioiiH  by  iiivudiug  witli  an  ariiiod  force  the  veHsel  of  n  fri«'udly  nation 

Itlmt  liiis  coimnitted  no  otl'olmo,  and  forcibly  dlsHolvinfj;  tho  rcdationH  which,  by  tho 

iuvs  (if  lii»  country,  tlio  captain  is  bonnd  to  presei-vo  and  <mi force  on  board.     TIioho 

|ri:;lit<,  sanctioned  by  tho  law  of  nationH,  viz,  tho  right  to  navigate  the  ocean  and  to 

Mil;  slinltcr  in  cane  of  di.strosHor  other  nnavoidable  circiimstanceH,  and  to  retain  over 

ihi  -hill,  lier  cargo,  and  passongerM,  (li(»  law  of  her  country,  nnist  b(^  respected  by  all 

[nali  IMS,  f(ir  no  in.lependent  nation  would  Kubniit  to  their  violation. 

It  is  proper  to  state  that  Lord  Ashburton,  who  conducted  tho  contro- 
I  crsy  ill  itH  diplomatic  stage  on  tho  British  side,  did  not  deny  as  a  gou- 
imlruli^  tlio  ])ropositiona  of  Mr.  Webster.  Uo  merely  questioned  tho 
iiili|ili('al)ility  of  tho  rule  to  tho  case  of  tho  Creole.  Nor  has  tho  i>rin- 
l('i|ile  ever  been  doubted  by  either  Her  Rlajesty's  Oovornment  or  tho  Gov- 
Imimoiit  of  the  United  States;  while,  in  cases  of  vessels  driven  by  storm 
inliospitable  coasts,  both  Governments  have  asserted  it,  sometimes 
lliv  cxtrciiio  measures  of  redress,  to  secure  indemnity  for  vessels  sutt'er- 
[iiig  under  such  (;ircumstauces  from  i)ort  exactions,  or  from  injuries  in- 
licted  from  the  shore. 

It  would  bo  hard  to  conceive  of  anything  more  in  conflict  with  tho  hu- 
jniane  policy  of  Great  Britain  in  this  respect,  as  well  a*  with  tho  law 
jot'iuitioiKs,  tlu,n  was  tao  condu(5t  of  Captain  (Juigley  towards  tho  vessel 
|iii(liic.sticu  on  tho  i.^'orning  of  October  8th. 

Ill  snch  coasts,  at  early  <lawn,  after  a  stormy  night,  it  is  not  tmusual 
[for boats, on  errands  of  reliof,  to  visit  vessels  which  have  been  strug- 
fcliiij;  witli  storm  during  tho  night.  But  in  no  such  errand  of  mercy 
Ivas  Captain  Quigley  engaged.  The  Marion  Gri  mes,  having  found  shel- 
jtordiuins  the  night's  storm,  was  about  to  <lepart  on  her  voyage,  losing 
]io  time  while  her  bait  was  i'resh  and  her  i<;e  lasted,  when  she  was 
'wiImI  by  an  armed  crow,  forced  to  go  7  miles  out  of  her  w.ay  to  the 
l]wt,aiid  was  there  uuder  pressure  of  Captain  (Juigley,  against  the  opin- 
m  origiually  expressed  of  tho  collector,  subjected  to  a  line  of  $400  witli 
pt,s,aiid  detained  there,  as  I  shall  notice  liereafter,  until  her  voyage 
as  substantially  broken  up.  I  am  confident  Her  Majesty's  Govern- 
Nt  will  concur  with  nio  iu  tho  opinion  that,  as  a  question  of  inter- 
Jiatioual  law,  aside  from  treaty  and  other  rights,  the  arrest  and  deten- 
[wiiiindcr  the  circumstances  of  Captain  Laiulry  and  of  his  vessel  were 
"violation  of  tho  law  of  nations  as  well  as  tho  law  of  humanity,  and 
lat  oil  this  ground  alone  the  fine  and  the  costs  should  be  refunded  and 
F  parties  siiflering  be  indemnified  for  their  losses  thereby  incurred. 
U  is  not  irrelevant,  on  such  an  issue  as  the  present,  to  inquire  into 
lie  official  position  of  Capta'n  Quigley,  "of  tho  Canadian  cruiser  Ter- 


*  ■ 


440 


ntGllTS   01;"  AMERICAN  PISIIERMEN. 


ror."  llo  was,  as  tlio  term  "Ciinadiun  cruiser"  used  l»y  hini  emihlcHoji 
to  conchule,  not  an  ofllcer  in  llor  MaJi'Htj'M  distinctivts  service.  UewMi 
not  the  commander  of  tv  revenue  cutter,  lor  the  head  of  the  customBsm  I 
ico  disavowed  him.  Yet  ho  was  arresting  and  boarding,  in  defiance o(| 
hvw,  a  vessel  tliere  seeking  shelter,  over-influencing  the  collpotorofthJ 
])ort  into  the  imposition  of  a  line,  hauling  down  with  his  own  liami  tliel 
Hag  of  Iho  United  States,  which  was  displayed  over  the  vessel,  aiidcnl 
forcing  arbitrarily  an  additional  period  of  detention  after  the  (IpponJ 
had  been  made,  simply  because  the  captain  of  the  vessel  refused  to  obey! 
him  by  executing  an  order  Insulting  to  the  flag  which  the  vessel  bortl 
Jf  armed  cruisers  are  employed  in  seizing,  harassing,  and  huniiliatin"! 
stormbound  vessels  of  the  United  States  on  Caimdian  coasts,  breakingl 
up  their  voyages  and  mulcting  them  with  fines  and  costs,  it  is  iiiiporl 
taut  for  reasons  presently  to  be  spccifled  that  this  Government  i 
be  advised  of  the  fact. 

From  Her  Majesty's  Government  redress  is  asked.  And  that  redress,! 
as  1  shall  have  occasion  to  say  liereaiter,  is  not  merely  the  indciniiiUci)-! 
tion  of  the  parties  suffering  by  Captain  (^uigley's  actions,  but  his  withj 
drawal  from  the  waters  where  the  outrages  1  represent  to  you  havetettl 
committed. 

1  have  already  said  that  the  claims  thus  presented  could  bo  abundl 
antly  sustained  by  the  law  of  nations,  aside  from  treaty  and  other  ri(;hts.| 
But  I  am  not  willing  to  rest  the  case  on  the  law  of  nations.  It  is  ossenl 
tial  that  the  issue  between  United  States  lishing  vessels  and  the  "miii 
Terror"  should  be  examined  in  all  its  bearings,  and  settled  in  regard  nod 
merely  to  the  general  law  of  nations,  but  to  the  particular  rights  of  thjf 
parties  aggrieved. 

It  is  a  fact  that  the  Ashing  vessel  Marion  Grimes  had  as  much  i 
under  the  special  relations  of  Great  Uritain  and  the  United  States  td 
enter  the  harbor  of  Shelburne  as  had  the  Canadiiin  cruiser.  Thofacg 
that  the  Grimes  was  liable  to  penalties  for  the  a))use  of  such  right « 
entrance  does  not  disprove  its  existence.  Cajitain  Quigley  is  certainlyj 
liable  to  penalties  for  his  misconduct  on  the  occasion  referred  to.  Cap 
tain  Landry  was  not  guilty  of  misconduct  in  entering  and  seeking  tol 
leave  that  harbor,  and  had  abused  no  privilege.  But  whether  liable  oij 
no  for  subsequent  abuse  of  the  rights,  I  maintain  that  the  riglitoffn 
entrance  i  .  >  that  port,  to  obtain  slielter,  and  whatever  is  incidcB^ 
thereto,  belonged  as  much  to  the  American  fishing  vessel  as  totheCS' 
nadian  cruiser. 

The  basis  of  this  right  is  thus  declared  by  an  eminent  jurist  and  statei 
man,  Mr.  E.  11.  Livingston,  the  first  Secretary  of  St.ite  appointed  by  thd 
Continental  Congress,  in  instructions  issued  on  January  7, 1782,  toDr| 
Franklin,  then  at  Paris,  intrusted  by  the  United  States  with  theaegoj 
tiation  of  articles  of  peace  with  Great  Britain : 

Tlic  nrcuments  on  which  the  people  of  America  found  their  claim  tofisliontlii 
hanks  of  Newfoundland  arise,  first,  from  their  having  once  formed  a  partof  tlioBri'J 
ish  Empire,  in  which  state  they  always  enjoyed  as  fully  as  the  people  of  Britaij 
themselves  the  right  of  lishing  on  those  banks.  They  have  shared  in  all  tl)o  «"'"■'] 
the  extension  of  that  right,  and  Britain  could  with  no  more  justice  have  cxclndw 
them  from  the  enjoyment  of  it  (even  suppoeing  that  one  nation  could  possess  It « 
the  exclusion  of  another)  while  they  formed  a  part  of  that  Empire  thau  tLejconl 
exclude  the  people  of  London  or  Bristol.  Jf  so,  the  only  inquiry  is,  liow  liavesj 
lost  this  right  1  If  we  were  tenants  in  common  with  Great  Britain  while  unitwl  wj 
hor,  we  stiJl  continue  so,  unless  by  our  own  act  we  have  relinquished  ourtitle.  n*j 
wo  parted  with  iRTltual  consent,  we  should  doubtless  have  made  partition  of  wj 
common  rights  by  treaty.  But  the  oppressions  of  Great  Britain  forced  u8toaseF 
ation  (which  must  bo  admitted,  or  wo  have  no  right  to  bo  indcpeiuiont);  mi 


KIOIITS   OP    AMERICAN    FISHERMEN. 


441 


111)1  ctirtaiiily  bo  contontlcil  that  tiioHo  nppn'HHhm.s  ubritlK")!  <>iir  ri^btH  «>r  navo 
iicwouisto  Uiitiiiii.  f)iir  rinlilM,  tlicii,  u^(^  not  iiivalidiitml  by  thit»  wiimration,  iiioro 
uirticularly  iih  wo  Iiiivo  kept  iiji  our  <liiiiii  from  tbo  coiiitiiciicomeiit  of  th«  wur,  iumI 
Ljcned  tlio  itttoin|it  oC  Oieat  Ilritiviu  tn  i^xoliido  uh  from  tbo  tlHlierioH,  ax  ono  of  tlio 

taiiseitofonr  rrtnniiiK  to  arrim. 

As  I  liiiil  nciaaion  to  sln)w  in  my  note  to  the  IJiitish  iniiiistcr  in  tlio 
cimooftlio  Evorctt  Htcole,  of  wliich  a  copy  in  liorotoanncxod,  tJiis  *'t(Mi- 
iiiicv  ill  coiiinioii,"  held  by  citizoiis  of  tho  United  States  in  t  lie  fisheries, 
tlicv  wero  to  "  continne  to  enjoy  "  niider  the  prcliniinary  articles  of  1782, 
iwffi'llas  under  tho  treaty  ot'jieaee  of  1783;  and  this  right,  as  a  right 
of  cntraiuH^  in  those  waters,  was  reserved  to  thcni,  though  ^vitll  certain 
limitations  in  its  use,  by  the  treaty  of  1818.  I  might  hero  content  myself 
ffitli  noticing  that  tho  treaty  of  1818,  herein  reciting  a  i)rinciple  of  the 
law  of  nations  as  well  as  ratifying  aright  previously  i)ossessed  by  lisher- 
men  of  tlieUnited  States,  expressly  recognizes  the  rightof  these  fishermen 
to  enter  tlie  "bays  or  harbors"  of  I  Tor  Majesty's  Canadian  dominions, 
"for  tlio  purpose  of  shelter  and  of  repairing  damages  therein,"  Tho 
extent  of  other  recognitions  of  rights  in  tho  sai.no  clanae  need  not  here 
kMli8ciis8e<l.  At  present  it  is  suftlcieut  to  say  that  tho  placing  an  armed 
mmr  at  the  mouth  of  a  harbor  in  wliicli  the  United  States  llshing  ves- 
sels aro  accustomed  an  <  I  arc  entitled  to  seek  shelter  on  their  voyages, 
siu'h  cruiKcr  being  authorized  to  arrest  and  boanl  our  fishing  vessels 
seeking  .such  shelter,  is  an  infraction  not  merely  of  tho  law  of  nations, 
bul of  a  Kolcnin  treaty  stipulation.  That,  so  far  as  concerns  tho  lish- 
eraieii  so  utfected,  its  (lonsequences  are  far-reaching  and  destructive,  it 
is  not  necessary  hero  to  argue.  Fishing  vessels  only  carry  provisions 
enongli  for  each  particular  voyage.  If  they  are  detained  several  days 
on  tlioir  Avay  to  the  fishing  banks  tho  venture  is  broken  up.  The  arrest 
and  detention  of  ono  or  two  operates  upon  all.  They  cannot  as  a  class, 
witli  their  limited  capital  and  resoui'ces,  .afford  to  run  risks  so  ruinous. 
Hence,  rather  than  subject  themselves  to  even  tho  chances  of  suttering 
the  wrongs  inflicted  by  Cajjtain  Quigley,  "  of  tho  Canadian  cruiser  Ter- 
ror," on  some  of  their  associates,  they  might  prefer  to  abandon  their 
just  claim  to  the  shelter  consecrated  to  them  alike  by  humanity,  ancient 
title,  tlio  law  of  nations,  and  by  treaty,  and  face  the  gravest  peril  and 
the  wildest  seas  in  order  to  reacli  their  fishing  grounds.  You  will  there- 
fore represent  to  Uer  Majesty's  Government  that  tho  placing  Captain 
Quigley  in  tho  harbor  of  Shelbnrno  to  inflict  wrongs  and  humiliation 
on  United  Statfts  fishermen  there  seeking  shelter  is,  in  connection  with 
otLer  methods  of  annoyance  and  injury,  expelling  United  States  lisU- 
erinen  from  waters,  access  to  which,  of  great  importance  in  the  pursuit 
of  tbeir  trade,  is  pledged  to  them  by  Great  13ritaiu,  not  merely  as  an 
nncieut  right,  but  as  part  of  a  system  of  international  settlement. 

It  is  impossible  to  consider  such  a  state  of  things  without  grave  anx- 
iety. You  can  scarcely  represent  this  too  strongly  to  Her  Majesty's 
Governmeut. 

It  must  bo  remembered,  in  considering  this  system,  so  imperiled, 
that  the  preliniuaries  to  the  article  of  1782,  afterwards  adopted  as  the 
treaty  of  17S3,  were  negotiated  at  Paris  by  Dr.  Franklin,  representing 
the  United  States,  and  Mr.  Eichard  Oswald,  representing  Lord  Shel- 
wirue,  then  colonial  secretary,  and  afterwards,  when  the  treaty  was 
hnally  agreed  on,  i)rime  minister.  It  must  be  remembered,  also,  that 
">rd  Shelburue,  while  maintaining  the  rights  of  the  colonies  when  as- 
sailed by  Great  Britain,  was  nevertheless  unwilling  that  their  independ- 
ence should  be  recognized  prior  to  tlio  treaty  of  peace,  as  if  it  woio  a 
concession  wrung  from  Great  Britain  by  the  exigencies  of  war.    His 


442 


RIGnTS   OP   AMERICAN   FISHERMEN. 


^vm\ 


position  was  that  tliis  recognition  should  form  part  of  a  treaty  of  par- 
tition, by  wbicli,  as  is  stated  by  tho  conrt  in  Sutton  v.  Sutton  (l  \xi%, 
&  M.,  675),  already  noticed  by  nie,  the  two  great  sections  of  the  Britisli 
Empire  agreed  to  separate,  in  tlieir  articles  of  separation  recognizing  to 
each  other's  citizens  or  subjects  certain  territorial  rights.    Thus  the  con. 
tinuancc  of  the  rights  of  the  United  States  in  the  fisheries  was  rcco" 
nized  and  guaranteed;  and  it  was  also  declared  that  the  naviffation of  I 
the  Mississippi,  whoso  sources  were,  in  the  imjierfect  condition  of  geo- 
graphical  knowledge  of  that  day,  supposed  to  bb  in  Britisli  'initoryj 
should  be  free  and  open  to  British  subjects  and  to  citizens  of  tiio  United 
States.    Both  powers  also  .agreed  that  there  should  be  no  further  pros- 
ecutions or  confiscations  based  on  the  war;  and  in  this  way  were  se  i 
cured  the  titles  to  property  held  in  one  country  by  persons  rotiiainitix 
loyal  to  the  other.    This  was  afterwards  put  in  definite  shape  hj  tk' 
following  article  (Article  X)  of  Jay's  treaty : 

It  is  agreed  that  BritlHli  subjects  who  now  lioid  lands  in  the  territories  of  tlic  Uiiitd  I 
States,  and  Atuerican  citizens  who  now  hold  lauds  in  the  (louiinion  of  Ilis  MajcBtv, 
shall  continue  to  hold  them  accordins^  to  the  nature  aud  tenure  of  their  respective 
estates  aud  titles  therein,  and  may  grant,  sell,  or  devise  the  same  to  wlinm  tliev  i 
jileaso  in  like  uianuer  a«  if  they  wore  natives ;  and  that  ueither  they  nor  their  lipjri  I 
or  assigns  shall,  so  far  as  may  respect  the  said  lands  and  the  legal  rouiodies  iiicideot 
thereto,  ho  regaidod  as  alieus. 

It  was  this  article  which  the  couvt  in  Sutton  v.  Sutton,  above  referred  i 
to,  held  to  be  one  of  the  incidents  of  the  "  separation  "  of  3783,  of  jior  \ 
petual  obligation,  unless  rescinded  by  the  parties,  and  hence  not  abro- 
gated by  the  war  of  1S12. 

It  is  not,  however,  on  the  continuousness  of  the  reciprocities,  roco? 
nized  by  the  treaty  of  1783,  that  I  desire  now  to  dwell.    What  I  am  I 
auxious  you  should  now  impress  upon  the  British  Government  i.s  tlie  | 
fact  that,  as  the  fishery  clause  in  this  treaty,  a  clause  continued  in  tlic 
treaty  of  1818,  was  a  part  of  a  system  of  reciprocal  recognitions  wliicli  | 
are  interdependent,  the  abrogation  of  this  clause,  not  by  consent,  biit  | 
by  acts  of  violence  and  of  insult,  such  as  those  of  the  Canadian  cruiser 
Terror,  would  be  fraught  with  consequences  which  I  am  sure  could  not 
bo  contemplated  by  the  •Governments  of  the  United  States  and  Great 
Britain  without  immediate  action  being  taken  to  avert  them.   Totiiej 
extent  of  the  system  thus  assailed  I  now  direct  attention. 

When  Lord  Shelburno  and  Dr.  Franklin  negotiated  the  treaty  of  I 
peace,  the  area  on  which  its  recognitions  were  to  operate  was  limited,  j 
They  covered,  on  the  one  hand,  the  fisheries ;  but  the  map  of  Canada  | 
in  those  days,  as  studied  by  Lord  Shelburne,  gives  but  a  very  imperfect  \ 
idea  of  the  territory  near  which  the  fisheries  lay.    Halifax  was  the  only  i 
port  of  entry  on  tne  coast ;  the  New  England  States  were  there  andt 
other  nine  were  provinces,  but  no  organized  governments  to  the  west! 
of  them.    It  was  on  this  area  only,  as  well  as  on  Great  Britain,  thattbe 
recognitions  and  guarantees  of  the  treaty  were  at  first  to  operate,  ^ft 
comparatively  small  as  this  field  may  now  seem,  it  was  to  the  prescr\> 
tion  over  it  of  certain  reciprocal  rights  that  the  attention  of  thonefjo- 
tiators  was  mainly  given.    And  the  chief  of  these  right.s  wore:  (1)  tlic 
fisheries,  a  counnon  enjoyment  in  which  by  both  parties  took  notliiu? 
from  the  property  of  either;  aud  (2)  the  preservation  to  the  citizens  orj 
srlyects  of  each  country  of  title  to  property  in  the  other. 

Sinc3  Lord  Shclburnc's  premiership  this  system  of  reciprocity  and  mu- 
tual co:ivenien(!e  has  progressed  under  the  treaties  of  1842  andlSt^soj 
as  to  give  to  IJer  Majesty's  subjects,  as  well  as  to  citizens  of  the  Unitw 
States,  the  free  use  of  the  river  Detroit  or  both  sides  of  the  ishmd  Bois| 


RIGHTS   Ow   AMERICAN   FISHERMEN. 


443 


UlaiK!,  and  between  that  island  and  the  American  juid  Canadian  shores, 
1  ail  the  several  channels  an<l  passajjos  between  the  various  islands 
■viii"  near  the  junction  of  the  river  St.  Clair  with  the  lake  of  that  name. 
Bvtiie  treaty  of  1840  the  principle  of  common  border  privileges  was  ex- 
tended to  the  Pacific  Ocean.    The  still  existing  commercial  articles  of 
>  treaty  of  1871  further  amplified  those  mutual  benefits  by  embracing 
m  nsooftlie  inland  waterways  of  either  country,  and  defining  cnlarge<l 
Dfiviioj^es  of  bonded  transit  by  land  and  water  through  the  United  States 
nr  the  benefit  of  the  in4iabitant8  of  the  Dominion.    And  not  only  by 
IreiUics  lias  the  <levelopment  of  Her  Majesty's  American  dominion,  es- 
eially  to  the  westward,  been  aided  by  the  United  States,  but  the  vig- 
orous contemporaneous  growth  under  the  enteri)riso  and  energy  of  citi- 
loiisot'tlie  Northwestern  States  and  Territories  of  the  United  States  has 
eii  productive  of  almost  equal  advantages  to  the  adjacent  i)ossessions 
bl'tlie  British  Crown,  and  the  favoring  legislation  by  Congress  has  cre- 
liteil  benefits  in  the  way  of  railway  facilities  which  under  the  sanction 
jt  State  laws  have  been  and  are  ireely  and  beneficially  enjoyed  by  the 
loliabitauts  of  the  Dominion  and  their  Covexmrnent. 
Under  this  system  of  energetic  and  co-operative  development  the 
astof  the  Pacific  has  been  reached  by  the  transcontinental  lines  of 
ailway  within  the  territorial  limits  of  the  respective  countries,  and,  as 
[liave stated,  the  United  States  being  the  pioneers  in  this  remarkable 
brofjress,  have  been  happily  .ible  to  anticipate  and  incidentally  to  pro- 
Botctlie  subsequent  success  of  their  neighbors  in  British  America. 
It  will  bo  scarcely  necessary  for  you  to  say  to  Lord  Iddesleigh  that 
lie  United  States,  in  thus  aiding  in  the  promotion  of  the  i>ro8perity, 
bliii  establishing  the  security  of  Her  Majesty's  Canadian  dominions, 
|laiiii.s  no  particular  credit.    It  was  ])roinpted,  in  thus  opening  its  terri- 
tory to  (Canadian  use,  and  incidentally  for  Canadian  growth,  in  largo 
peasurcby  the  consciousness  that  sucli  good  ofiices  are  part  of  a  system 
jf  imitnal  convenience  and  advantage  growing  uj)  under  the  treaties  of 
Mpc  and  assisted  by  the  natural  forces  of  friendly  contiguity.    There- 
>)re  ii  is  tl  at  we  witness  with  surprise  and  painful  apprehension  the 
pnitcd  States  fishermen  hampered  in  theirenjoyjnentof  their  undoubted 

i  in  the  fisheries. 

Tlic  liosi)italities  of  Canadian  coasts  and  harbors,  which  are  ours  by 
Inoiont  rij,'bt,  and  which  these  treaties  confirm,  cost  Canadsi  nothing  and 
p  productive  of  advantage  to  her  people.     Yet,  in  defiance  of  the  most 
oleiiin  oblj<>ati()ns,  in  utter  disregard  of  the  facilities  and  assistances 
anted  by  the  United  States,  and  in  a  way  especially  irritating,  a  de- 
fherate  ])lan  of  annoyances  and  aggressions  has  been  instituted  and 
ly exhibited  daring  the  last  fishing  season — apian  calculated  to 
Irive  these  fishermen  from  shores  where,  without  injury  to  others,  they 
|rosmite  their  own  legitimate  and  usel'ul  industry. 
It  is  impossible  not  to  see  that  if  the  unfriendly  and  unjust  system, 
f  wlfidi  the  cases  now  presented  are  part,  is  sustained  by  Ucr  Majesty's 
government,  serious  results  will  almost  necessarily  ensue,  great  as  is 
p  desire  of  this  Government  to  maintain  the  relations  of  good  neigh- 
«rliood.    Unless  Tier  IMajesty's  (irovernment  shall  effectually  check 
Ne  agffressions  a  general  conviction  on  the  part  of  the  jieoplo  of  the 
Pted  States  may  naturally  be  apprehended  that,  as  treaty  stipulations 
|i  liL'lialf  of  our  fishermen,  based  on  their  ancient  rights,  cease  to  be  re- 
acted, the  maintenance  of  the  comprehensive  system  of  mutual  com- 
Nial  acc(nnmodation  between  Canada  and  the  United  States  could 
lrca8onablvl)o  expected. 


444 


RIGHTS   OF   AMERICAN   FISHERMEN. 


Ill  contemplation  of  so  unliii  y  and  undesirable  a  condition  of  affai J 
I  express  the  earnest  hope  that  iJerMiiJesty's  Government  willtakeiini 
mediate  measures  to  avert  its  possibility. 

With  no  other  purpose  than  tho  i)reservation  of  peace  and  soothjul 
and  the  promotion  of  international  amity,  I  ask  you  to  represent  to  tkl 
statesmen  charged  with  the  administration  of  Her  Majesty's  Goveml 
mentthe  necessity  of  putting  an  end  to  the  action  of  Cainidian  oliiJaljl 
in  excluding  American  tisherinen  from  tho  enjoyment  of  tlicir  treatvl 
rights  in  the  harbois  and  waters  of  the  marittme  provinces  of  Britisif 
North  America. 

The  action  of  Captain  Quigley  in  hauling  down  the  flag  of  the  ITmteJl 
States  from  the  Marion  Grimes  has  naturally  aroused  iimch  lesont-l 
ment  in  this  country,  and  has  been  made  the  subject  of  somewbaterj 
cited  popular  comment;  audit  is  wholly  impossible  to  account  fors 
extraordinary  and  unwarranted  an  exhibition  of  hostility  and  {lisres|)t. 
by  that  official.    I  must  suppose  that  only  his  want  of  kDowIedgeol 
what  is  duo  to  international  comity  and  propriety  and  overheated  zeall 
as  an  officer  of  police  could  have  permitted  such  action;  but  I  am  conf 
fident  that,  upon  the  facts  being  made  known  by  you  to  Her  Majestv'si 
Government,  it  will  at  once  be  disavowed,  a  fitting  rebuke  be  adminis- 
tered, and  the  possibility  of  a  repetition  of  Captain  Qniglcy's  offenst 
be  prevented. 

It  seems  hardly  necessary  to  say  that  it  is  not  until  after  condeninJ 
tion  by  a  prize  court  that  the  national  flag  of  a  vessel  seized  as  a  prizJ 
of  war  is  hauled  down  by  her  captor;  Under  the  fourteenth  section  oi 
tho  twentieth  chapter  of  the  Navy  Eegulations  of  tho  United  States tlifl 
rule  in  such  cases  is  laid  down  as  follows: 

A  neutral  vessel,  seizcil,  is  to  wear  tho  flag  of  her  own  country  until  fllicigmlJ 
judged  to  bo  a  lawful  prize  by  a  competent  court. 

But,  a  fortiori,  is  this  principle  to  apply  in  cases  of  customs  seiznn 
where  fines  only  are  imposed  and  where  no  belligerency  whatever eii 
ists.    In  the  port  of  New  York,  and  other  of  tho  countless  harbors  of 
the  United  States,  are  merchant  vessels  to-day  flying  the  British 
which  from  time  to  dme  are  liable  to  penalties  for  violations  of  customi 
laws  and  regulations.    But  I  have  yet  to  learn  that  any  oificial,  assmnj 
ing,  directlj'  or  indirectly,  to  represent  tho  Government  of  the  Unitei 
States,  would  under  sucli  circumstances  order  down  or  forcibly  liaij 
down  the  British  flag  from  a  v'cssel  charged  with  such  irregularitjj 
and  I  now  assert  that  if  such  act  were  committed,  this  GovemmenJ 
after  being  informed  of  it,  would  not  wait  for  a  comi)laiut  from  GreJ 
Britain,  but  would  at  once  promptly  reprimand  tho  parties  concerned  if 
such  misconduct  and  would  cause  proper  expression  of  regret  to  I 
made. 

A  scrupulous  regard  for  international  respect  and  courtesj  slionll 
mark  the  intercourse  of  the  officials  of  these  two  great  and  friend!}  na 
tious,  and  anything  savoring  of  the  contrary  should  bo  uuhesitatiDglj 
and  emphatically  rebuked.  I  cannot  doubt  that  these  views  will  m 
ready  acquiescence  from  those  charged  with  the  administration  of  tii| 
Government  of  Great  Britain. 

You  are  at  liberty  to  make  Lord  Iddesleigh  acquainted  with  tliecoi^ 
tents  of  this  letter,  and,  if  desired,  leave  wth  him  a  copy. 
I  am,  sir,  your  obedient  servant, 

T.  T.  BAYARJ).| 

Edward  J.  Phelps,  Esq.,  &c. 


•(•oi  our  ane'.'.or  o 


RIGHTS   OF   AMERICAN   FISHERMEN. 

No.  71. 

Mr.  Bayard  to  Mr.  Phelps. 


445 


ilo.402. 


Department  of  State, 

Washington,  Noveiriber  20, 1886. 
Siu :  Ou  tlio  CMi  of  tUo  preseut  month  I  wrote  you  couceniing  the 
Itniitnieut  of  tho  United  States  fishing  schooner  Mariou  Grimes,  of 
JGioiieester,  Mass.,  on  October  7, 1886,  in  tho  outer  liarbor  of  Shelburno, 
hivii  Scotia,  by  Captain  Quigley,  of  the  Canadian  cruiser  Terror. 
I  1  received  yesterday  and  now  inclose  a  copy  of  the  statement  made 
Iniider  oatli  by  Captain  Landry  of  th^  Marion  (Iriines,  and  present  it  as 
jsiipplementary  and  confirmatory  of  ray  former  communication  on  the 

Isiibject. 

I  am,  &c., 

T.  F.  BAYARD. 


I,  Alexander  Landry,  master  of  sclioouer  Marion  Grinios,  of  Gloucester,  being  duly 
Itvti'ini,  do  depose  ami  say : 

TliiiC  on  Monday,  October  4, 188C,  I  sailed  from  Gloucester  ou  a  iishing  trip  to  West- 

jera  liiink.    Ou  tlio  nif'ht  of  Tlmrsday,  October  7,  tho  wind  blowinjj  almost  a  galo  from 

|tk' soiitlieast  and  a  Ireavy  sea  running,  wo  came  to  anchor  in  the  entrance  of  Shol- 

Iknio  Harbor  about  midnight  for  shelter.     Wo  wore  thou  fully  10  miles  from  tho 

Wora-lionse  at  Shelburno.    At  4.30  a.  m.  of  the  next  day  we  hovo  up  our  anchor  to 

poiitinuo  onr  voyage,  tho  wind  having  died  away  almost  to  a  calm.     Just  as  wo  bad 

■otourand'oron  tiie  bow  an  olTicer and  boat's  crow  from  Canadian  cruiser  Terror 

fffiiicb  laid  off  Sand  Point  some  3  miles  above  us)  came  on  board  and  told  mo  wo  must 

tome  to  anchor  at  onco  and  go  to  tho  custom-house  at  Shelburno  and  enter  and  clear. 

htonco  anchorod  tho  vessel  and  taking  my  boat  and  two  of  my  crow  started  for  the 

pstoui-liouso.    When  we  reached  tho  Terror,  Captain  Quigley  ordered  me  to  come  ou 

ward  his  vessel,  leave  my  boat  and  men,  and  go  with  him  in  his  boat  to  Shelburno. 

[arrived  at  tho  custom-house  at  about  8.30  a.  m.,  and  waited  until  9  a.  m.,  when  Col- 

Jector  Attwood  arrived.    I  then  entered  arul  cleared  my  vessel  and  was  about  to  pay 

jhc  charges  and  depart,  when  Captain  Quigley  entered  tho  ollice  .and  told  the  collector 

licou;^htnot  to  clear  my  vessel  as  I  had  attempted  to  leave  tho  harbor  without  ro- 

lortiuj,',  and  that  tho  case  should  bo  laid  before  tho  authorities  at  Ottawa.    Collector 

iltwood  then  withheld  my  papers  until  a  decision  should  bo  received  from  Ottawa. 

Itlicu  tried  to  iind  tho  American  consul,  calling  at  his  ollico  three  times  during  tho 

Bay,  and  was  unable  to  iind  him.     Hut  in  the  afternoon  found  a  Mr.  Blatchford  in  tho 

pisiirs  office,  who  informed  mo  that  my  vessel  had  been  fmcd  $400,  and  I  wired  my 

liwiitrs  accordingly.    At  4  p.  m.  returned  ^  'tk  Captain  Quigley  ou  board  tho  Terror, 

pil  when  on  board  he  informed  me  that  m^     ossel  was  fmed  $400. 

He  then  sent  a  boat's  n  ow  on  board  my  schooner,  telling  me  to  go  with  them,  but 
Btiaining  my  boat  and  t\\  •>  men,  and  ordered  me  to  take  my  schooner  up  to  Shelburno 
liloiice,  Wo  started  and  g  as  far  as  Sand  Point,  and  camo  to  anchor  for  want  of 
iriud  at  about  10  o'clock  p.  ,  and  alongside  the  Terror.  At  3  o'clock  a.  m.  on  Satnr- 
iay,  October  9,  accompaniet  ly  the  Terror,  we  started  again  for  Shelburno  inner 
larhor,  arriving  there  about  .  'clock  a.  m.,  and  then  tho  boat's  crew  left  us  and  my 
pi)  men  came  on  board  in  my  )at.  I  then  went  on  shore  and  found  the  Americau 
foiiBul,  who  informed  me  he  could  not  give  me  any  assistance.  During  Saturday, 
lay,  and  Monday  I  awaited  dispatches  from  my  owner  in  regard  to  the  ])aymeut 
F  tI.o  liuc.  Ou  Monday  morning,  it  being  tho  anniversary  of  my  birthday,  I  hoisted 
lie  American  flag  to  tho  mast-bead,  and  immediately  Captain  Quigley  (speaking  from 
luiMJeck  of  bis  vessel)  ordered  mo  to  haul  it  down,  which  I  did  ;  but  after  thinking 
p' matter  over,  I  concluded  that  as  no  regular  seizure  of  my  vessel  had  been  made, 
Fhroad  arrow  put  upon-'my  mast,  but  my  vessel  only  detained  until  a  deposit  of  tho 
P'liad  been  made.  Captain  Quigley  had  acted  beyond  his  authority,  and  acting  on 
PH  conclusion  I  again  set  my  flag  at  tho  mast-head.  Captain  Quigley  again  ordered 
W>  to  haul  down  the  Hug,  which  I  refused  to  do;  tipou  which  he  came  on  board  uiy 
F»l  with  eight  men,  and  asked  who  gave  the  authority  to  hoist  that  (lag.  I  reidied 
TOt  I  took  tho  authority  myself.    He  then  said,  "Well,  I'll  haul  it  down  myself," 


I  SI 


446 


lUGHTS    OF   AMKRICAN    FISHERMEN. 


which  I  forbid  him  to  do;  but  without  heodiiijj  mo  ho  iininodiatoly  hauled  down  ili  I 
Hag,  iinbeut  it,  uiirovo  tho  hallianlH,  and  passed  the  llaji;  to  mo.  I  passed  itbackn 
hiin,  tolling  him  as  ho  had  hauled  it  down  ho  better  take  charge  of  it  liinisilf  nl 
thou  ordered  his  mcu  to  haul  tho  vessel  into  tho  wharf,  which  they  did,  aiidColiectotI 
Attwood  came  on  bo.ard  and  put  a  broad  arrow  (/I\)  on  tho  mainmast  mul  placed  two! 
watchmen  on  the  wharf  to  watch  tbo  vessel.  On  Tuesday,  October  12,  at  10  u  m.  I 
Collector  Attwood  informed  um  that  the  vessel  was  released,  but  I  must  payfli(iiiiiiJ 
for  watching,  amounting  to  $8,  and  to  save  further  delay  I  did  so.  Oa  TiicsjIsvI 
evening,  October  12,  sailed  for  tho  Western  Bank  in  continuation  of  my  voyage,     l 


Witness: 

J.  Wauiikn  Wonson. 


ALEXANDER  X  LANDKY, 
mark. 


Massachusetts,  Essex,  ss  : 

NovEMBKR  13,  m. 
Personally  appeared  Alexander  Laudry  aud  mado  oath  to  tho  truth  of  tlieabovoj 
8tat<ement  boforo  bo.  , 

[SEAL.]  AAT.ON  PARSONS, 

Notary  PuMk. 


11! -MISCELLANEOUS.  SELECTIONS  FROM  CORUESPONi)ENCE 
I'lFTIlE  DEPARTMENT  OF  STATE  WITH  PARTIES  INTERESTED 
L\  AMERICAN  FISHING  VESSELS  MOLESTED  IN  CANADIAN 

WATERS. 


No.  72. 

Messrs,  Gushing  and  MoKenney  to  Mr.  Bayard, 

fTelogram.] 

Portland,  Me.,  April  9.    [Received  April  9.] 
Having  several  fishing  vessels  ready  for  the  Banks,  we  desire  to 
ikuowif  tlicy  cau  call  at  Canadian  ports  for  men  and  bo  protected  in 
isodoiug. 

CUSUING  &  McKENNEY. 


No.  73. 


Mr.  Bayard  to  Messrs.  CushinQ  and  MoKenney. 

[Tclogram.] 

State  Department,  April  9, 188G. 

The  question  of  the  right  of  American  vessels  engaged  in  fishing  on 
[tlie  high  seas  to  enter  Canadian  ports  for  the  purpose  of  shipping  crews 
Imay  possibly  involve  construction  of  treaty  with  Great  Britain.  1  ex- 
jpect  to  attain  such  an  understanding  as  will  relieve  our  fishermen  from 
tall  doubts  or  risk  In  the  exercise  of  the  ordinary  commercial  privileges 
lof  fi'iendly  ports,  to  which,  under  existing  laws  of  both  countries,  I 
{consider  their  citizens  to  be  mutually  entitled  free  from  molestation. 

T.  F.  BAYAliD. 


No.  74. 

Mr.  Woodbury  to  Mr.  Bayard. 

Boston  May  21, 188G.     [Iteceived  May  24.] 

Sir:  In  behalf  of  Jesse  Lewis,  esq.,  I  i  jclo&e  a  statement  by  liiin  aiul 

jthc  crew  of  the  D.  J.  Adams  of  the  damages  inuring  to  them  by  tbo 

jseiziiie  of  that  schooner  by  the  British  authorities  near  the  Gut  of 

jAmiiipolis,  and  her  detention  at  Digby,  for  an  alleged  violation  of  the 

44; 


4-48 


KIGIITS  OF   AMERICAN   FISHERMEN. 


couveutioii  of  1818  betwoeu  tbo  United  States  and  (lieat  Btiiaiii.  j[|., 
Lewis  employed  couu«cl  at  Halifax,  who  has  informed  Lim  tliuttbinj' 
are  "  two  suits  pending,  one  in  rc7n,  under  section  2,  imperial  act  1819. ' 
for  alleged  violation  of  the  treaty  1818,  act  of  1819,  and  the  Cauadian 
fishery  acts  of  1868,  1870, 1871;  no  proceedings  taken  yet  for  violatioa ! 
of  customs  act  other  than  seizure  and  detention  by  customs  officerat 
Digby.    The  charge  in  this  respect,  I  believe,  is  under  sections  25  and 
29,  Canada  customs  act,  chaj).  12, 1883.    The  other  suit  against  captai 
personallj^,  and  is  for  a  penalty  nnder  section  4,  imperial  act,  1819." 

The  information  I  have  from  the  master  is  that  the  Adams  was  ar-  \ 
rested  some  miles  from  the  town  of  Uigby  and  ordered  into  the  Lans 
downe  oy  an  armed  boat,  she  being  at  that  time  beating  out  of  the  gut  I 
against  a  head  tide  from  an  anchorage  five  or  six  miles  up  the  basiu  be ' 
yond  Digby,  and  was  in  the  i>ossession  of  the  captors  from  the  Lausdown 
before  she  changed  her  course,  and  headed  by  their  command  into 
Digby.    No  seizure  was  made  by  any  custom-house  officer  whilst  the  j 
master  controlled  the  vessel,  and  the  owner  and  master  are  in  profound! 
ignorance  of  any  such  proceeding,  or  of  the  grounds,  except  the  tele- 
gram which  I  cite  above,  and  his  counsel  in  Halifax  has  not  yet  been 
able  to  be  more  definite.    Mr.  Lewis,  through  his  friends,  has  furnlsbcd  I 
security  for  costs  to  enable  him  to  interpose  a  defense  in  tbo  admiralty 
court  against  the  libel  in  rem,  based  on  the  treaty  of  1818.    His  vessel 
had  been  lately  extensively  repaired,  and  he  has  no  means  to  bond  ber. 
Indeed,  as  it  is  in  the  i)ower  of  the  authorities  there  to  seize  her  over 
and  over,  it  would  be  impossible  to  know  in  what  amount  he  would 
need  to  find  security  before  he  could  get  the  vessel  out  of  the  bauds] 
of  the  provincial  authorities — out  of  their  local  jurisdiction. 

The  only  cause  of  seizure  avowed  is  that  the  master  "bought bait") 
somewhere  along  the  coast  and  received  it  on  the  vessel.    The  under- 
signed has  not  discovered  any  statute  forbidding  a  master  to  buy  bait] 
or  anything  else  in  a  British  Canadian  port,  nor  one  that  subjects  a  ves- 
sel of  the  IJnited  States  to  forfeiture  for  exporting  bait  from  such  ports,  I 
It  is  sui)posed  the  provincials  assert  the  doctrine  that  trading  in  tbeir 
ports  either  is  a  violation  of  the  treaty  of  1818  or  of  the  act  of  1819.  It 
cannot  be  that  a  private  person  can  in  the  inferior  courts  of  a  foreign 
country  undertake  to  defend  the  American  construction  of  thattrea^jj 
against  the  suit  of  the  Crown,  who  alone  is  imperative  in  its  courts  of  j 
admiralty  as  to  matters  of  treaty  or  maritime  privilege;  nor  can  it  be  j 
that  in  such  inferior  courts  the  consonance  of  the  act  of  1819,  with  the 
principles  of  the  treaty  of  1818,  or  the  law  of  nations,  can  be  put  in  issue  j 
by  the  citizen  of  the  United  States  defending  his  property;  it  is  only  j 
the  United  States  in  its  sovereignty  that  can  arraign  before  the  sover- j 
eiguty  of  Grcit*^^  Britain  the  question  whether  the  act  of  1810  conflicts  j 
with  or  impairs  tUe  American  right  nnder  the  convention  or  the  law  of  j 
nations.     My  client  would  not  humiliate  his  native  land  so  muchastoj 
ask  its  Executive  to  appear  by  counsel  before  a  local  inferior  trihiiialj 
of  the  other  party  to  the  convention  of  1818  and  submit  to  its  decision! 
any  question  afiecting  the  sovereignty  of  the  contracts  it  had  made  witli] 
Great  Britain.    It  seems,  then,  to  my  perhaps  imperfect  understanding 
of  the  principles  of  national  law,  that  my  client  must  rely  upon  his  own 
Government  for  defense  and  redress  for  the  outrage  upon  his  property,! 
and  he  requests  the  intervention  of  the  Executive  as  the  only  adequate! 
protection  he  can  have  against  the  aggressive  spoliations  of  his  prop-! 
erty  by  subordinate  British  ofticials.    It  is  proper  also  that  1  should  in- j 
vit(3  your  attention  to  the  evident  fact  that  the  cause  put  forth  is  thej 
alleged  shortcoming  of  the  United  States  in  not  living  up  toitsconj 


BIGHTS   OF   AMERICAN   FISHERMEN. 


449 


Lotion,  but  that  the  incident  is  the  exercise  over  the  persons  and  prop- 
Lyof  itrivate  citizens  of  the  United  States  of  an  absohite  control  to 
Mit  the  one  ami  punish  tlie  other  without  the  consent  of  the  United 
Btatcs,  and  without  even  this  country  having  agreed  to  the  interpreta- 
tons  shadowed  or  expressed  by  the  imperial  act  of  1819. 
I  have,  &c., 

CHAS.  LEVI  WOODBUEY, 

Counsel  for  Jesse  Lewis,  at  Boston. 


[Inolosure  No.  1  with  Mr.  Woodbnry 'a  letter  of  May  21,  1880. 1 
JDepoaition  of  crew  of  the  David  J.  Adams. 
In  re  sclioouor  David  J.  Adams,  of  Gloucester. 

.6,  the  undersigned,  on  oath  declare  and  say  that  we  were  members  of  the  crew 
iftlie  fishing scboouer  David  J.  Adams,  belonging  to  Mr.  Jesse  Lewis,  of  Gloucester, 

sex  County,  Massachusotts,  when  she  was  seized  at  Digby,  N.  S.,  May  7, 1886,  by 
,3  Canadian  Government ;  that  we  had  on  board  said  scliooner  David  J.  Adams  at  ■ 
Je  time  of  said  seizure  as  follows : 

Jponndsof  cod,  at'icents JlOO  00 

0  pounds  of  halibut,  at  10  cents 50  00 

lli  barrels  bait 12  50 

ItoDsice : 20  00 

Total.... 182  50 

16  value  of  $182.50 ;  that  one-half  of  the  same  belonged  to  us,  of  the  value  of 
J91,25,  That  we  have  lost  by  reason  of  said  seizure,  one  additional  trip,  making  two 

)st  to  each  of  us,  of  the  value  of  $25  each  trip,  or  $50  for  the  two  trips. 
I  Witness  our  hands  at  Gloucester,  May  18,  1886. 

Aldon  Kinney,  Master.  Joseph  Boucher. 

Isaiah  Roberts.  John  Brown. 

James  Swanesburg.  Frank  Arnesen. 

PjLroy  Prior.  Joseph  Hanley. 

John  Beaton.  Fred  Fischer. 

Bath  Makn.  Samuel  Hooper. 

E.  D.  Simmons.  Calvin  Cook. 


pTK  OF  Massachusetts,  County  op  Essex, 

Office  of  the  Police  Court  of  Gloucester,  Mass. : 
n,  Samiior  D.  York,  clerk  of  the  police  court  of  Gloucester,  the  same  being  a  court 
It  record,  iu  the  county  of  Essex,  State  of  Massachusetts,  having  a  seal,  do  certify 
lat  William  W.  French,  esq.,  was  at  the  date  of  the  certificate  of  the  annexed  in- 
Iniment  in  writing  a  justice  of  the  peace  iu  and  for  said  county  duly  authorized  ; 
pat  I  am  well  acquainted  with  the  handwriting  of  such  oUicor,  and  verily  believe 
pt  the  signature  to  said  certificate  is  genuine ;  and  that  the  annexed  instrument  is 
pcuted  according  to  the  laws  of  this  State. 

[In  testimony  whereof  I  have  hereunto  set  my  hand  and  affixed  the  seal  of  said  court 
lis  18th  day  of  May,  A.  D.  1886. 

[L.  8.]  SUMNER  D.  YORK, 

Clerk. 

>)MMOirWEALTH  OF  MASSACHUSETTS, 

Essex,  ss : 

Gloucester,  May  18, 1886. 
[Personally  appeared  the  said  Aldon  Kinney,  Isaiah  Roberts,  James  Swanesburg, 
poy  Prior,  Jolui  Beaton,  E.  D.  Simmons,  Joseph  Boucher,  John  Brown,  Frank  Ar- 
Nn,  Joseph  Hanley,  Fred  Fischer,  Samuel  Hooper,  and  on  oath  declared  the  fore- 
f ing  statement  by  them  subscribed  to  be  true. 
I  Before  me. 

WILLIAM  W.  FRENCH, 
8.  iJx.  113 oo  Justioe  of  the  Peace 


450 


RIGHTS   OF   AMERICAN   FISHERMEN. 


[Inclusnre  No.  2  with  Mr.  Woodbury's  letter  of  May  21, 1886.] 
Affidavit  of  Capt.  Jesse  Lewis,  of  the  David  J,  Adams, 


I,  JetiBe  LowiH,  of  Gloucester,  Essex  County,  and  State  of  MaHHacliiinnttg,  (Wli 
and  say  tluit  I  am  the  solo  owner  of  the  fishing  schooner  David  J.  Adams  seized 
the  Canadian  Govorninimt  May  7,  188(i,  at  Digby,  N.  S. ;  that  the  said  n'chooner 
worth  $5,000;  that  the  provisions  on  board  at  the  time  of  seizuro  were  worth  S'm'I 
that  there  was  on  board  40  tons  ballast,  worth  S80;  that  the  ice-houso  platform  ai 
gurry  pens  on  board  were  worth  $150 ;  that  the  :ir>  hogsheads  of  salt  ou  board  m 
worth  $00 ;  that  the  stores  and  furniture  for  same  on  board  were  worth$l25-  tlmtil 
boxes  and  fishing  knives  and  forks  were  worth  $25;  that  the  side  lauternsbiunatl 
lights,  and  signal  torches  wore  worth  $50  ;  that  2  water-casks,  5  barrels,  and  15  Sv 
barrels  were  worth  $25 ;  that  one  dory  and  oars  were  worth  1*15 ;  that  the  fishinc-goi 
6  dozen  lines,  leads,  snoods,  and  gear  wore  worth  $75;  that  the  nuulicino-ehest  w; 
■worth  $80 ;  that  all  the  above-named  poods  wore  on  board  the  Adams  at  the  time 
seizure  aforesatd ;  that  by  reason  of  saul  seizure  I  have  lost  the  profits  of  said  vdva 
of  the  value  of  $650 ;  that  I  claim  as  loss,  interest  from  the  date  of  the  seizure  Jlii 
7,  1886,  on  the  vessel  and  outfits,  and  intcicst  on  the  loss  of  the  voyage  from  June 
1B86;  that  I  have  paid  J.  H.  Murray,  United  States  consul,  on  account  of  thocrewi, 
said  Adams,  $302.96;  that  the  estimated  exi)eiises  of  the  admiralty  court  are  fJliii 
that  mytravoling  expenses  (advice  and  scrviceii  incurred)  are$120;  tlio  probable  lei 
services  to  be  pai<l  for  are  estimated  at  $1,000. 

I  was  born  in  Kittery,  Mo.,  and  have  lived  in  Gloucester,  Mass.,  forty  years;  thi 
there  was  on  board  1  compass,  worth  $40. 

JESSE  LEWIS, 


Commonwealth  of  Massachusetts, 

Essex,  88 : 

Gloucesteu,  May  18,  m. 
Personally  appeared  the  above-named  Jesse  Lewis,  and  on  oath  declared  the  aborj 
statement  by  him  subsribed  to  be  true. 
Before  me. 

WILLIAM  W.  FRENCH, 
.  Justice  of  the  hm.  j 


[Inolosure  No.  3  with  Mr.  "Woodbury's  letter  of  May  21,  1886.] 
Depositions  sltoioing  nationality  of  the  crew  of  the  David  J,  Adams. 

Gloucester,  May  18, 1886.  | 

I  declare  aud  say  that  I  am  a  native  of  Gloucester,  Mass. 

ALDON  KIWiEY.I 

I  declare  and  say  that  I  am  u  citizen  of  the  United  States;  that  I  have  Medf 
said  country  for  the  past  twenty  years. 

ISAIAH  ROBERTS,  j 

I  declare  aud  say  that  I  am  a  native  of  No  via  Scotia,  and  have  been  Ming  fral 
American  ports  for  two  years.  | 

JAMES  SWANESBURO.I 


I  declare  and  say  that  I  am  a  native  of  Brome,  Me. 

I  declare  and  say  that  I  am  a  native  of  Bath,  Me. 

I  declare  and  say  that  I  am  a  native  of  Breme,  Me. 

I  declare  aad  say  that  I  am  a  native  of  Booth  Bay,  Me.  „„ , 

JOSEPH  BOUCnERj 

I  declare  that  I  am  a  native  of  St.  George,  N.  B. ;  that  I  have  tislicd  from  Ameij 
can  ports  during  the  past  eight  years.  ^  j 


ELEOY  PEIOR.| 
JOHN  BEATON, 
E.  D.  SIMMONS. 


RIGHTS   OP   AMERICAN   FISHERMEN. 


451 


Idcclaro  that  I  iiui  a  native  of  Norway,  and  have  flHhed  from  American  ports  for 
(hfl  last  seven  or  eiglit  years. 
tbeuwiKo  b  FRANK  ARNESEN. 

I  declare  and  say  that  I  am  a  native  of  St.  George,  N.  B.;  that  I  hs.ve  fished  from 
American  ports  for  the  last  seven  years.  ^^^^^^  ^^^^^^ 

I  say  that  I  am  a  native  of  Germany  ;  that  I  have  fished  from  American  ports  for 

the  last  live  years. 

""  ^  FRED  FISCHER. 

Ideclaro  that  I  am  a  native  of  St.  George,  N.  B. ;  that  I  have  fished  from  American 
iwrts  iov  the  last  seven  years. 
^  SAMUEL  HOOPER. 


\  Commonwealth  of  Massachusetts, 

Eaaex,  88 : 

Gloucester,  May  18, 1886. 

Severally  subscribed  and  sworn  to  before  me. 

WILLIAM  W.  FRENCH, 

Justice  of  the  Peace. 

I  declare  and  say  that  I  was  horn  in  Maine,  and  am  a  citizen  of  the  United  States. 

CALVIN  COOK. 


No.  75. 
Mr.  Woodbury  to  Mr.  Bayard. 

Boston,  May  22, 1886.    [Eeceived  May  24.] 

Sik:  In  the  matter  of  Mr.  Lewis's  statement  of  damages  incurred  by 
I  tlie  seizure  of  the  D.  J.  Adams,  1  yesterday  transmitted  some  papers 
sent  me  from  Gloucester,  perhaps  without  as  mature  consideration  as 
tliey  should  have  received.  Mr.  Lewis's  claim  to  the  fish  caught,  as  I 
take  the  law  to  be,  is  that  of  owner,  but  the  law  makes  his  ownership 
a  trust  to  divide  among  the  sharesmen  their  share  of  the  net  proceeds 
I  of  the  fish  when  received  by  him. 

The  master  and  crew  appear,  claiming  their  loss  by  the  breaking  up 
jof  the  trip.  This  is  their  own  adventure,  and  I  must  not  be  considered 
las  their  counsel  in  this  matter,  nor  as  in  any  way  sanctioning  their 
htatement  as  to  their  citizenship,  residence,  &c.  I  have  to-day  froqi 
[Gloucester  the  official  fact  that  the  custom-house  at  Digby  have  seized 
Innder  the  sections  referred  to  in  the  telegram  quoted  in  my  last,  to- 
jgether  with  a  reference  to  sections  which  make  this  seizure  for  a  $400- 
[penalty  a  lien  on  the  vessel. 

I  learn  Mr.  Meagher,  the  counsel  of  Mr.  Lewis  at  Halifax,  is  in  town, 
land  hope  to  see  him  within  a  day  or  two  for  consultation,  and  will  ad- 
rise  the  Department  of  our  views  as  to  that;  meanwhile  we  are  hardly 
jripe  for  any  step  of  reclamation. 

I  beg  you  to  believe  that  Mr.  Lewis  and  myself  wish  to  conform  in 
^our  action  to  the  wishes  and  policy  of  the  Department,  and  to  rely  on 
[its  generous  efforts  to  protect  his  property. 
I  am,  &c., 

OHAS.  LEVI  WOODBURY, 
Counsel  at  Boston  for  Mr.  Lewis. 


452 


BIGHTS   OF   AMERICAN  FISHERMEN. 


No.  76. 

Mr.  Steele  to  Mr.  Bayard. 

Gloucester,  May  22, 1886.    [Received  May  24.1 
Sir  :  Learning  by  tolegrapbic  news  that  your  conHicloration  of  tbel 
provincial  seizures  has  been  somewhat  delayed  by  the  want  of  docuj 
mentary  evidence,  I  inclose  aflfidavits  this  niorninft-  received  from  East- 
port  relative  to  the  schooner  Jennie  and  Julia  of  that  port.    Tfcfyl 
were  sent  me  by  a  reputable  merchant.    1  am  in  no  way  interested  iQl 
the  vessel,  nor  do  I  know  who  are  her  owners.    If  there  is  any  service! 
which  the  members  of  the  American  Fishery  Union  or  its  officers  caul 
render  that  would  be  of  use  in  your  efforts  to  obtain  redress  froml 
Canadian  annoyances,  they  will  very  cheerfully  be  at  your  service. 
I  am,  &c., 

GEO.  STEELE, 
President  of  the  American  FxHhcry  Union. 


[TucloBtire  No.  1.] 
Statement  of  Capt,  William  R.  Farris,  master  of  schooner  Jennie  and  Julia,  o/EaitpwLt 

I,  William  H.  Farris,  master  of  the  scboonor  Jennie  and  Julia,  a  vfssel  of  the  Unite 
States  hailing  from  Eastport,  Mo.,  cleared  from  Eastport  on  17th  inst..  takingonti 
'  register,  crow  HhI  d  all  papers  required  for  a  foreign  voyage.  I  left  Eustporti 
about  4  o'clock,  p.  ..,  arriving  at  Dighy,  Nova  Scotia,  at  about  10  o'clock  of  the  fore 
noon  of  the  18th  inst.,  dropping  anchor  in  Digby  Harbor.  I  immodiatoly  wentii 
iMirt  reported  to  United  States  Consular  Agent  Stewart,  and  delivered  all  my  papersld 
bim.  After  looking  over  the  papers  Mr.  Stewart  informed  me  that  ho  did  not  think  m 
could  do  anything  for  me,  except  if  my  vessel  was  seized  or  cast  away,  be  could  senij 
myself  and  crew  home.  He  further  said  that  he  did  not  know  whether  he  «asrea|v 
pointed  under  this  new  administration  or  not. 

1  then  took  my  papers  from  the  consul  and  went  to  the  custom-bouse  and  foM^ 
tlio  door  locked.  Turning  from  the  door  I  met  the  collector,  Veits,  and  his  son  com 
ing  to  the  ofiice.  He  asked  if  I  was  Captain  Farris.  I  answered  that  I  was. 
said,  "What  are  you  here  for — bait !"  I  answered,  "  I  am  here  for  fresh  herring,"  HI 
said,  "Yon  can't  have  any."  I  then  asked  him  to  look  at  my  papers  He  examiner 
tliem  and  asked  what  I  had  this  kind  of  a  register  for.  I  answered,  ''After  statiigu 
the  collector  at  Eastport  what  I  wanted  to  do,  he  gave  me  these  papers  as  the  proiK 
ones."  The  collector,  Mr.  Veits,  then  said,  "You  can't  buy  fresh  herring  here  foraiii 
l)urpo80."  J 

I  said  to  him  that  I  had  two  smoke-houses  at  home  empty,  and  I  would  like  total 

fresh  herring  to  till  them  up.     He  answered,  "You  cannot  buy  herring  for  any  pari 

•jioso."  I 

I  then  said  to  him,  "  If  I  can't  buy  herring  I  will  take  my  papers  and  go  home' j 
and  the  collector  said,  "  No ;  wait  till  afternoon  and  then  I  will  let  you  know." 

At  about  3  o'clock  I  went  to  the  oustoni-house  again,  when  the  collector  told  i 
that  ho  had  telegraphed  to  b<'.idqMartor8,  but  had  received  no  answer. 

About  7  o'clock  p.  m.  the  collector  informed  me  that  ho  could  allow  me  to  eDt( 
my  vessel  but  could  not  give  a  clearance.  I  then  said  to  him,  "If  I  buy  onebirr 
of  fresh  herring  I  am  liable  to  seizure  "  and  the  collector  answered,  "  Yes." 

I  then  went  on  board  my  vessel  and  started  for  home. 

W.  H.  FARRIS, 
Master  Schoomr  Jennie  and  Mi*'] 


Subscribed  and  sworn  to  this  2d  day  of  May,  1886. 
Before  me. 

[L.  8.] 


GEOEGE  H.  HAYES, 
]S^otary  ?«"«■ 


RIGHTS   OF   AMERICAN   FISHERMEN. 


453 


[Tnoloiiire  No.  2.] 

Statevient  of  Arthur  Fani*,  vtate  to  the  schooner  Jennie  and  Julia, 

The  Jeiiii'*'  ^^'^  Julia  sailml  from  KuKtport,  Muy  17,  for  Digby,  N.  8.,  arriving  tlioro 
i  alHint  10  o'clocli  of  the  inoniing  of  tho  IHtli.  Inmiediutoly  after  dropping  anclior, 
i  iliecaiitaiii  wont  ou  Hlioro.  About  half  an  hour  after  a  steam  tug  came  alougHiUe, 
i  ami  a  niaii  on  board,  whom  I  afterwards  learned  wtt«  tho  collector  of  the  port  of 

Diebv,  took  out  a  noto-l)0ok  and  wrote  something  iu  it;  then  threw  a  lino  aboard, 
I  to  wliich  I  paid  no  attention.   He  then  asked,  "What  are  yon  doing  beret"   I  answemrt, 

•Wenre  here  to  buy  herring."  lie  then  asked  me,  if  I  did  notknow  we  were  violating 
1  ihelaw.  1  answered,  "No,  I  think  not."  He  tuan  asked  me  if  I  did  not  know  we  were 
'liiible  to  seizure.  I  then  told  him  that  we  were  under  rejrister,  and  had  cleared  for 
1  Dijjby,  to  return  to  Eastport  when  we  left  Digby.     Ho  then  asked  if  I  was  captain.     I 

told  liim  no,  the  captain  had  gone  ashore  to  the  custom-house.    He  tlien  asked  me 

nbt  we  were  doing  with  tishing-gcur  on  deck.  I  told  him  to  ask  the  captain  and  be 
I  noild  toll  him.    The  collector  then  said,  "  I  warn  you  not  to  buy  herring," 

ARTHUR  M.  FARRIS. 

Subscribed  and  sworn  to  before  me  this  20th  day  of  May,  1886. 
[L  8.]  GEORGE  H.  HAYES, 

♦  ■  Notary  Publio. 


I,  George  S.  Farris,  state  that  I  amoneof  the  crew  of  the  schooner  Jennie  and  Julia, 
I  andwtt9  present  during  the  conversation  between  the  collector  of  the  port  of  Digby 
hml  the  mate  of  the  Jennie  and  Julia,  and  state  that  the  foregoing  atUdavit  of  the 
I  mat*  is  correct. 

GEORGE  S.  FARRIS. 

Subscribed  and  sworn  to  before  me  this  20th  day  of  May,  1886. 

[1.8.]  GEORGE  H.  HAYES, 

Notary  Publio. 


No.  77. 


Mr.  Bayard  to  Mr.  Steele, 

Department  of  State, 
Washington,  May  26, 1886. 

SiE:  Tour  letter  of  the  22d  instant  has  been  received,  and  the  affl- 
jdavitssent  in  the  matter  of  the  application  of  the  Jennie  and  Julia,  of 
jEastport,  Me.,  to  purchase  fresh  herring  at  Digby,  Nova  Scotia,  will  bo 
Iplaced  on  file  and  duly  considered  in  connection  with  the  questions  in- 

Ivolved. 

Tbis  Department  will  be  at  all  times  most  willing  to  receive  reports 
jfroni  citizens  of  the  United  States  respecting  any  unusual  treatment 
jtliey  may  euct  unter  abroad,  and  duly  to  investigate  and  endeavor  to 
[remedy  any  alleged  diminution  of  their  lawful  rights. 
I  am,  sir,  &c., 

T.  F.  BAYARD. 

George  Steele,  Esq., 

President  of  the  American  Fishing  Union, 

Qiloucester,  Mass. 


'ir>4 


RIGHTS   OF   AMERICAN  FISHERMEN. 


No.  78. 

Mr.  William  H.  Jordan  to  Mr.  Bayard. 

Glouoksteb,  Mahh.,  June  4,  1886.  [Receivod  June  7.] 
Sir:  We  see  by  recent  dispatchea  from  Hiilifax  that  the  Canadian 
Government  propose  seizing  Hchooner  James  A.  Garflokl  whenever  tiny 
have  an  opportunity,  for  having  purchased  bait  and  ice  within  their 
jurisdiction  as  they  aUege.  The  captain  of  the  Garflehl  denies  their 
charge  of  pnrcliasing  bait  andjco,  but  that  will  make  no  difterence  about 
the  Hiiizure  of  the  vessel,  and  if  seized  will  be  condemned  whether  guilty 
or  not,  judging  from  our  past  experience,  as  we  had  a  vessel  seized  soine 
years  since  (schooner  A.  I.  Franklin)  and  condemned  for  alleged  viola- 
tion of  their  laws,  and  we  had  absolute  knoivlcdge  that  their  charge  was 
not  correct  in  whole  or  in  part.  What  we  want  to  know  is  this:  (Jan  we 
be  sustained  by  our  Government  in  resisting  capture  to  the  hest  of  oar 
ability,  where  we  are  sure  we  have  not  violated  their  laws,  and  so  in- 
struct  our  captains  ! 

We  have  another  case,  occurring  about  four  weeks  ago.  The  captain 
of  schooner  Annie  H.  Jordan  wished  to  purchase  bait  at  St.  Atidrews, 
New  Brunswick.  He  had  a  permit  to  touch  and  trade,  but  being  afraid 
of  trouble  he  anchored  the  vessel  outside  the  three-mile  limit  and  went 
ashore  in  a  dory  to  enter  vessel  at  custom-house.  The  collector  refused 
to  allow  him  to  enter  his  vessel,  and  ordered,  him  to  leave  forthwith, 
saying  they  would  have  nothing  to  do  with  his  vessel. 
Yours,  respectfully, 

WM.  H.  JORDAN, 
Secretary  American  Fishing  Union 

[Firm  o/Eowe  &  Jorilan). 


BACHUSKTTS, 


No.  79. 

Mr.  Steele  to  Mr.  Bayard. 

Gloucester,  Mass.,  June  5, 1880.    [Received  June  7.] 
Sib:  I  inclose  the  master  of  the  schooner  Alice  M.  Jordan's  affidavit 
for  your  consideration. 
Yours,  truly,  &c., 

GEO.  STEELE, 
President  American  Fishery  Union. 


lurrendered  Jiin< 


[Inclosare  No.  1.] 

United  States  of  America. 

IHatriot  of  Maaaachuaetta : 

I,  Alexander  Hains,  of  Gloucester,  State  of  Massachnsetts,  on  my  oath  do  say  that 
I  waH  master  of  the  schooner  Annie  M.  Jordan,  enrolled  and  licensed  at  Glonces- 
tor,  Mass,  when  she  sailed  on  a  fishing  voyage  for  cod  and  halibut  on  the  26tb  (I»y 
of  April,  A.  D.  1886,  and  further  say  that  before  I  sailed  I  applied  at  the  castooi- 
house  for  and  received  a  permit  to  touch  and  trade  at  foreign  ports  duiiug  my  said 
voyage.  .  l 

I  further  say  that  on  the  4th  day  of  May,  1886,  I  arrived  and  anchored  at  St.  An- 
drews, New  Brunswick,  in  the  Dominion  of  Canada,  and  went  ashore  to  the  custom- 


RIGHTS   OF   AMERICAN   FISIIERMEir. 


455 


„ii«i  at  thivt  port,  whoro  I  roporloil  my  nrriviil;  itpplind  to  tlio  coHuctiir,  or  p<^rNon 
l(iiri*iiti»jj  tlmi'.olloctor,  to  tmt«r  my  vohmoI  for  piir[Mmi)H  of  pnrclinHin<r  and  nzporl- 

Said  iwrwm  ri^fiim«l  to  rucoivo  my  juipcrH  and  admit  mo  to  an  «^ntry,  saying  my  i)a- 
lert  trerp  of  no  iirconnt.  I  aHltnd  wliy,  aiitl  Htatud  I  had  a  poiuit  to  tourb  and  trad« 
LntlielJiiiteil  Htiitt'H  iintlioritioH  at  01on(!eHt<ir. 

Itttxi  rttpli'd  to  mo  by  Haid  t^uHtoin-houMo  «)tll()or  that  it  niado  no  ditFerence;  uiy 
lt«4'l  liiid  no  liiisiiiuBs  in  th<!Ho  waterH,  and  that  hIio  wonld  bo  w^izitd  by  the  Canadian 
uthiirlticfl  if  hIu)  w»h  hero  wiiou  tlio  unttor  camo  into  port,  lioini^  tliUH  refubod  an 
Itrv,  I  rt>turui'd  to  n\y  v«'8H«l  and  hift  tho  port. 

1  lirriviMl  ia  Oloucotttor,  MaHH.,  May  2a,  18H0.  I  further  nay  that  damagn  to  my  voy- 
aiidloiw  hiiN  accrued  to  tho  ownoni  of  Buid  vohhoI,  Kowo  &.  .Jorthm,  of  GloneoH- 
fr,  from  tiu!  rel'iiMal  to  admic  her  to  an  entry,  nixl  I  furtlior  Bay  tiiut  I  ancdiored  in 
L|  jKirf mill  ri-nortod  in  j{ood  faith  for  purpoHO  of  trade,  under  tlio  iielief  that  tho 
f««ot'(>reftt  Britain  >{avo  to  vimHois  of  the  United  StatcH  all  the  privilejije  of  trade 
BddiMirt  from  British  North  Aunnica  which  BritiHh  vohhoIh  enjoyed. 
^  Af.EXANtJEU  IIAINS, 

Master  of  Schooner  Annie  M.  Jordan. 


IgACHUBRTTS,  ElStX,  M  » 

June  5, 1886. 
I  rNiiiitlly  appeared  Alexander  Hains,  and  made  oath  to  the  trnth  of  tho  above 

titi'iiifnt. 

I  Bf tore  me. 

[[SEAL.]  AARON  PARSONS, 

Notary  Public. 


flnoloBnre  Ko.  2.] 

Permit  or  license  to  touch  and  trade. 

Un.'ted  States  of  America,  District  op  Gloticesteu, 

Port  of  Glouoeater,  April  «(>,  1886. 
remiiMion  is  hereby  granted  to  A.  Hains,  master  of  the  Bchoqner  named  the  Annie 
[Jonlftn,  of  Oloncestor,  burden  iHj^d^  tons,  which  8choon«ir  was  liceuHed  for  carry- 
ton  tho  fishery  byD.  8.  Presaon,  collector  of  tho  district  of  Gloucester,  in  the  State 
[Masnachusetts,  on  the  4th  day  of  January,  1886,  to  touch  and  trade  at  any  foreign 
tor  place  during  her  voyage  presently  to  be  made. 
Given  under  my  hand  and  seal  the  day  and  year  above  mentioned. 

D.  S.  PRESSON, 
Collector,  Naval  Officer. 
lorrendcred  Juno  1,  1886. 


No.  80. 

Mr.  Steele  to  Mr.  Bayard.. 

Gloucester,  Mass.,  June  5, 188G.  [Received  June  7.] 
8iB:  I  take  the  liberty  to  write  to  you  in  regard  to  the  present  re- 
N  of  American  fisheries  with  England  and  her  provinces. 
Mfst  desire  to  call  attention  to  the  reciprocity  treaty  of  1854,  during 
m  the  Government  paid  fisherman  a  bounty  of  $4  per  ton,  which 
|8  an  assistance  to  us,  and  helped  in  part  offset  the  remittance  of 
jties  on  foreisu  fish  during  that  period. 

Spring  the  treaty  of  Washington,  which  expired  jy  limitation,  we 
Uip^^  ^^  l^ounty  from  our  Government,  that  having  been  abolished 
Mw,  and  we  felt  the  effect  of  the  second  reciprocity  treaty  more 
fii  the  one  covering  the  years  1854  to  1866  inclusive. 


466 


RIGHTS    OF   AMERICAN    FISHERMEN. 


We  liiive  no  occasion  t<>  ref^Tet  the  action  of  the  Govcvninciitiiiallnff.j 
in},'  the  treaty  of  Washington  to  oxiiire  l)y  limitation,  and  we  arc  alsol 
pleased  at  the  action  of  the  House  of  liepresentatives  in  K''iiiitiii"tiie| 
President  the  power  to  deny  to  foreign  nations  the  same  coniiiierciall 
rights  denied  us  in  their  i)ort8,  I 

If  it  is  the  i)leasui'e  of  the  President  to  use  that  power,  I  think  jJ 
would  meet  the  approval  of  every  person  interestiul  in  the  (isliinjr  inujl 
ness,  both  the  property  owner  and  the  individual  hshoniiiiii,hiitil'tliiiil 
power  to  i)ass  retaliatory  measures  the  President  docs  not  sec  littjl 
use,  we  earnestly  beg  that  the  settlement  of  so  important  a  iiiattcrwjll 
not  be  left  with  ministers  or  commissioners  to  arbitiate  on  our  existing 
fishery  rights  or  make  new  treaty  definitions,  because  we  have  mM 
that  diploma<;y  is  untrained  in  commercial  atfairs.  and  inciip;<b]enfai).I 
preciiating  the  business  and  commercial  effects  following  (contracts  conf 
cerning  them,  and  we  know  that  long  or  permanent  contracts  on  suchl 
sub,  ;cts  area  mere  gambling  with  interests  wliere  consequences 
rarely  be  foreseen  at  the  time  they  are  made. 

We  have  an  invincible  dread  that  in  such  negotiations  in  tliie  futiirel 
as  in  the  past  our  interests  would  be  .sacrificed  to  (janadian  interest*, 

We  think  the  jjowers  Congress  has  delegated  to  the  P'.eside'it  m^ 
enough  for  the  protection  of  our  rigiit  to  trade  with  Canadian  ports ij 
he  use  them  with  his  usual  firmness  and  sense  of  justice.  ISlioiild  i 
be  reluctant  to  do  this,  still  we  do  not  desire  to  obtain  inivileiies  ofl 
trade  by  another  treat3\  We  prefer  to  accept  the  presc-it  sitnatioii] 
even  if  more  seizures  and  more  exclusicm  from  Canadiii'i  portsarepraci 
liced  on  our  vessels  touching  there  for  trado.  We  had  better  \m 
twenty  vessels  or  even  fifty,  than  that  we  should  enter  into  anotiipij 
such  treaty  with  England. 

We  know  full  well  that  Canada  would  use  any  and  all  means, iioinat^ 
tti  how  barbarous,  to  drive  our  Government  into  a  reciprocity  treat,'^ 
again,  and  we  think  this  is  the  object  of  her  jireseut  condiu't. 

We  thank  you  for  furnishing  counsel  to  look  aft-er  the  individual  in j 
terests  at  the  trial  of  these  cases  in  the  acbniralty  court  at  llalitiiJ 
as  no  individual  ought  to  be  compelled  to  bear  the  burden  of  cases  oj 
this  nature  in  foreign  courts. 

I  desire  to  bring  to  your  attention  that  the  mackerel  Hectof  tlielnil 
ted  States  will  sail  from  about  the  15th  of  June  to  July  1,  fortliocast| 
ward ;  a  few  have  already  gone. 

The  Canadians  have  a  fleet  of  criiisers  as  they  say  to  guard  tlieiriluw 
mile  limit  from  tho  intrusion  of  our  craft,  but  as  we  think  toineyoij 
our  vessels  without  regard  to  the  distance  of  three  miles  from  the  shores 
Owners  here  instruct  their  masters  to  keep  out  of  the  tlircemilclimii 
in  good  faith.  It  is  American  property  that  js  at  risk  and  tlio  Auiericiij 
right  on  the  high  seas,  outside  of  the  three-mile  question,  that  is  to  I 
giuirded  from  encroachment. 

The  "men-of-war"  of  the  United  States  should  be  at  hiiad  toproj 
tect  our  flag,  our  citizens  and  their  jiroperty. 

Whfit  are  the  spoils  derived  from  the  confiscation  anddividing  of  tin 
prey  of  half  a  dozen  bait-buying  smacdis entering  their  jioits,  coriiparei 
to  the  chances-'  "»€  capture  among  three  to  five  hundred  sail  of  iniickej 
clmen  who  may  iawfully  fish  within  a  fathom  outside  of  tlie  threeuiij 
limit,  and  on  whom  Canadian  law  devolves  the  burden  of  i)root', tbaj 
where  they  lay  was  nu)re  than  three  miles  '?  Wiiilst  by  the  saaie  laj 
the  seizure  ih  primary  proof  that  the  prize  was  within  the  threemif 
limit.  If  a  hundred  sail  were  iu  sight  at  the  seizure,  what  means  h^ 
the  arrested  master  to  ascertaiu  their  names  to  obtaiu  their  testimofll 


RIGHTS   OF   AMERICAN   FISHERMEN. 


457 


'•II  iiini/.o  court ?  We  iU<M5onte?-t  to  live  by  the  tlireo-inile  limit  Uon- 
Lih  (Oimtnu'd  ;  1)ut  the  (iovornnicint  should  protect  us  in  our  hiwful 
I  ill,;  „f  it,  and  secure  to  us  an  lionest  construction  of  t!ie  treaty  clause. 
This  extract  from  a  letter  in  the  Boston  Herald  of  June  4,  188(i,  writ- 
Hen  from  Cape  Breton,  shows  the  aninuis  of  the  provincials  • 

Tlireo  Aiiioriran  mackerel  st^iners  piwuod  t.hroiij;li  tbe  straits  this  inoniiiiK  boiuid  for 
SoiiliHiiv.  Tlujy  will  be  clowely  watched  by  the  HowlottaudciiHtoins  otlicers.  The 
limiiiv  oil  a  Heiziiro  wDuld  amount  to  at  leait  $"^,000,  and  every  person  in  authority 

iilii'cdiisl  liiH  awake  ui<;lits  thinking  ho.v  ho  can  make  an  arrest,  of  .somt!  inilnc.ky 
lymki'i'  lislit'niiaii.  IfiiiitHcient  ground  is  given  there  i.i  not  aituiil)ti  lull-  what  Hcizuri's 
Ittillhi  iiiiult',  iwtlii'  bojiiity  is  a.  very  snltHtanlial  i^(!e^tiv(^  outside  of  the  credit  lo  bo 
Irainil  ilierefroin.     YankeeH  will  do  w^ll  to  be  cautious  and  avoid  "  the  apiicaraMco 

Ifiuluty  ofl  cent  per  i)ound  could  be  put  upon  fresh  and  salt  fish 
iuCaiiadiaiis  would  stop  their  overt  acts  and  be  brought  to  a  realizing 

Isfiise  of  the  commercial  rights  of  nations,  quicker  than  any  other  way. 
[he  tact  is  Canada  has  uothing  whatever  that  she  can  compensate  us 

[with,  for  Uie  privilege  of  the  markets  of  the  United  States  free  for  her 

fcsh. 

( aiuula  is  lighting  from  business  mot) .  j8  and  nothing  inore,  and  if 
L|m  succeeds  ill  bully'  jg  Jie  United  States  into  any  agreement  by 
jwliidi  slib  can  bring  in  her  tish  free,  said  lisU  untaxed  and  bounty  fed 
Iwitli  tisliing  gi(»inids  in  close  proximity,  while  we  are  heavily  taxed,  it 
[w mid  not  take  more  than  ten  or  twelve  years  to  wij>e  out  the  Atlantic 
|li>;i('ries. 

As  well  to  allow  English  men-of-war  to  enter  our  ports  and  destroy 
jdiir vessels  and  other  property,  as  for  us  to  see  the  humiliating  spectacle 
pfoiirtisbing  industry  passing  under  the  control  of  the  English  Hag, 
ilii'oii};li  Hie  default  of  our  Government,  an  industry  that  all  other  Gov- 
jeriiiiiciits  all'ord  ample  protection. 

.My  own  personal  experience  as  owner  of  twelve  fishing  vessels  ;  au 
jes|ii'rieiice  in  this  business,  on  this  coast,  in  the  Gulf  of  St.  Lawrence, 
fill  the  Newfoundland  coast,  and  on  the  Grand  and  Western  Banks, 
iliKvtIy  and  indirectly  since  .the  year  1848,  proves  to  me  conclusively 
pat  in  what  I  have  here  writtei.  I  voi(!e  the  sentiments  of  every  man 
itlie  iishing  business,  whether  owner  or  tishermau. 
1  aai,  respected  sir,  yours,  very  respectfully, 

GEO.  STEELE. 


No.  81. 


Mr.  Bayard  to  Mr.  Steele. 

Department  of  State, 

Waahbujton,  June  7,  188G. 
Sir:  I  have  to-day  received  your  letter  dated  the  5th  instant,  ac- 
panied  by  theaflidavit  of  the  master  of  the  fishing  siihooner  Alice 
J.'ioidaii,  of  Gloucester  Mass.,  alleging  tlie  refusal  by  the  collector  of 
[tnstimisat  the  port  of  St.  Andrews,  New  Brunswick,  to  idlow  the  entry 
t said  vessel,  duly  documented  us  a  fishing  vessel,  with  permission  to 
pi'h  iuid  trade  at  any  foreign  port  or  place  during  her  voyst^e,  theob- 
pt  of  such  entry,  as  stated  by  the  master  of  the  schooner,  being  the 
^iirohase  of  certain  merchandise. 

Althon<{h  not  disclosed  by  the  affidavits,  I  suppose  the  raerchaudise 
PB  questiou  was  fresh  fish  for  use  as  bait  in  deep-sea  fishing. 


458 


HIGIITS   OP   AMERICAN   FISHERMEN. 


J  bavo  miulc  instant  representation,  acscompanied  by  earnest  protest 
to  tbe  IJritisb  minister  at  tbis  ('ai)ital,  of  this  unlawful  withiioldincof 
commercial  riglits  from  au  American  vessel  and  her  owners,  and  of  the 
loss  and  damage  thereby  sustained,  for  which,  as  I  have  iuformediiiin 
the  Government  of  Great  llritain  will  be  held  responsible.  ' 

1  have,  &c., 

T.  F.  BAYARD. 
George  Steele,  Esq.,  Gloucester^  Mass. 


No.  82. 

Mr.  Bayard  to  Mr.  Steele. 

Department  of  State, 
WasMngton,  June  8, 1886. 
Sir  :  I  have  received  your  letter  of  June  5,  giving  at  length  yonr 
views  upon  the  present  "relation  of  American  fisheries  with  England 
and  her  urovinces." 

Y*^ur  discu.-olon  of  tlie  situation  is  comprehensive,  and  will  receive  dne 
consideration. 

The  chief  remedy  yon  propose— tiio  levy  of  a  tariff  duty  of  1  cent  per 
pound  upon  fresh  and  salt  fish — is,  of  course,  solely  for  the  ",ousidera- 
tion  of  Congress. 

The  object  and  earnest  endeavor  of  the  Executive  will  be  to  secure 
American  citizens  the  full  enjoyment  of  all  the  rights  under  treaties  an('. 
law  without  molestation,  and  no  c^'^^fj  to  that  end  hns  boea  or  will  be; 
lacking  on  the  part  of  those  chaiged  with  the  adininistratiou  of  the  | 
laws. 

I  am,  &c., 

T.  F.  BAYAUl). 
George  Steele,  Esq..  (iloucester,  Mass. 


No.  83. 
Mr,  Bayard  to  Mr.  Jordan. 

DiflPAnTMENT  OF  STATE, 
Washington,  June  8, 188(1, 

Sir:  Your  letter  of  the  4th  iii'-^ant  was  received  yesterday,  and  ttiiitj 
portion  of  it  which  relates  to  tiie  refusal  of  the  collector  of  tlio  inn 
St.  Andrews,  New  Brunswick,  to  sell  bait  to  the  captain  of  the  Aumt 
H,  Jordan  has  alreatly  been  made  the  subjecit  of  a  letter  from  this  Oe  , 
partment  to  George  Steele,  esq.,  president  of  the  American  Fisliiij  j 
Union,  of  whicli  you  sign  yourself  the  secretary. 

It  is  impossible  to  meet  ail  the  rumors  of  proposed  unl'iidiHlly  mt"'"] 
by  the  Gauatli.'in  authorities  towards  the  fishing  vessels  of  the  Unitedj 
States.    Each  case  will  be  properly  treated  as  it  k  ctually  o<;cur8. 

But  it  is  \ery  clear  that  as  the  United  States  expect  aud  require  ini- 
plicit  obedience  to  their  own  laws  within  their  jurisdiotlon,  and  Hevonij] 
ireufeheud  mid  yuui^k  iuiuible  resistance  by  individuals  to  their exioii 


RIGHTS   OV   AMEUICAN   FISHERMEN. 


459 


toll  ill  lik«^  manner  they  expect  their  citizens  and  counsel  them,Jwhen 
kliiii  loicis"  jurisdiction,  to  obey  strictly  the  laws  and  rcgulati^xw". 
iiiTP  in  force,  and  to  abstain  from  any  resort  to  force  as  a  x-emedy  ibt 
Bpnosed  injustice  or  irregularity. 

It  is  the  purpose  and  intention  of  those  charged  with  th6  execution 

til' law  of  the  United  States  to  see  that  law-abiding  American  citi- 

leus  are  secure  in  the  enjoyment  of  their  rights  everywhere  on  land  and 

Laud  when  such  rights  are  iuxaded  under  public  authority  to  obtain 

fedivss. 

I  am,  &c., 

T.  F.  BAYARD. 

hviLLiAM  11.  .Jordan,  Esq., 

Secretary  of  the  American  .Fishery  Union,  Qlon<!€ster,  Mans. 


No.  84. 

Capt,  Jesse  Lewis  to  Mr.  Bayard. 

GluITCESTER,  June  26, 1886.  [Received  June  28.] 
(Dear  Sir:  I  write  fcr  information  a^^  regards  the  seizure  of  my  ves- 
Jl,  the  schooner  David  J.  Adams,  by  Canadians.  What  I  want  to 
low  is  what  is  to  be  done,  whether  my  vessel  is  condemned  as  my  loss, 
]if  there  is  any  way  that  we  could  demand  a  trial  to  see  just  what  the 
naetiueuces  will  be,  or  why  I  cannot  bond  my  vessel  as  I  want  here 
luse.  I  am  a  poor  man,  and  that  vessel  is  my  only  8uj)i)qrt.  Non,  I 
Bnkitis  injustice  to  mo  as  matters  now  stand.  IMiMWO  answer  this 
per  soon,  aa  I  want  something  done  about  % 
Vours,  very  resmutiluUi', 


JESSE  LEWIS. 


Mr.  Bayard  to  Capt.  Jesse  Lewis. 

Departmen'"'  of  State, 
\}'ashington,  June  30,  1SS6. 
liB:  I  have  ypur  letter  dated  the  26th  instant,  stating  the  severe  loss 
p  oct^asioned  by  the  summary  seizure  by  the  Canadian  authorities, 
liiinapnlis  Basin,  Nova  Scotia,  of  your  fishing  schooner,  the  David 
Warns,  which,  as  you  say,  is  all  the  property  you  possess,  and  con- 
lutes  your  "only  support." 

ItismojM'V  lliat  I  should  inform  you  that  the  demand  was  made  upon 
Vlin(>»iii\u'nt  of  Great  Britain  for  the  release  of  the  vessel,  coupled 
|iiim>tiili>aliou  that  that  Goveniuumt  would  be  held  answerable  for 
Ptmaud  damage  caused  by  her  seizure  and  detention. 
four  case  coinniunda  my  sincere  sympathy,  and  ever  since  it  was 
^iglit  to  my  knowledge  has  had  the  constant  consideration  of  this 
piivtment  and  of  the  consular  officers  of  the  United  States  in  the 
niiiiou  of  (Jauada. 


460 


RIGHTS   OF   AMERICAN   FISHERMEN. 


s 


Mr.  William  L.  Pntnam,  of  PorMaiul,  Mo.,  in  coiijuiiction  witli  ',lrl 
treorjje  W.  Biddle,  of  Plnladclpliia,  has  been  engaged  by  this  Goven 
meat  as  its  counsel  in  respect  of  its  rights  and  duties  which  may 
brought  in  question  by  reason  of  tlie  seizure  of  your  vessel. 

If  you  will  coniTnunicate  with  Mr.  Putnam  ho  will  no  doubt  Kivevoni 
all  information  in  his  power  in  relation  to  the  laws  under  which  jonrf 
nropi'rty  was  so  seized,  and  suggest  what  steps  should  be  taken  fo  pro. j 
tect your  private  interest  in  the  premises. 

Moreover,  I  suggest  that  you  should  carefully  secure  evidence  of  all 
the  facts  connected  with  the  presence  of  your  ve.tscl  in  Annapolis  Ba 
and  of  the  absence  of  any  unlawful  act  or  intent  on  the  part  of  liernia 
ter,  crew,  or  owner,  as  well  as  proof  of  the  actual  loss  and  injury 
stained  by  you  by  reason  of  this  harsh,  and,  as  I  believe,  wholly  uni 
ranted  action  by  the  Canadian  officials;  such  evidence  to  be  obtaiuei 
and  preserved  as  the  basis  of  claims  for  year  remuneration. 

More  than  one  year  ago  I  sought  to  protect  our  citizens  engaged  i 
fishing  from  the  results  which  might  attend  any  possible  misunderstand^ 
ing  between  the  Governments  of  Great  Britain  and  the  United  States 
as  to  the  measure  of  their  mutual  rights  and  privileges  in  the  territo- 
rial waters  of  British  North  America,  after  the  termination  of  the  fisii^ 
ery  articles  of  the  treaty  of  Washington  in  June  last. 

It  seemeid  to  me  then  and  seems  to  me  now  very  hard  that  differeuo 
of  opinion  ^tetweon  the  two  Governments  should  cause  loss  to  the  hoiiesi 
cit  zenri  \\  hose  line  of  obiMlience  might  be  thus  rendered  vague  and  iineerl 
taui,  and  their  property  bo  brought  into  jeopardy.  j 

intluenced  by  this  feeling,  I  procured  a  temporary  arrangement  whicq 
secured  our  fishermen  full  enjoyment  of  all  the  (Canadian  fisheries,  I 
Iroiu  molestatiou  during  a  period  which  would  permit  discnssiou  of  j 
uhI  international  settlement  of  the  whole  fishery  question.  But  i 
(;ounsel8  prevailed,  andmyeftbrts  further  to  protect  the  fishermen  froij 
such  trouble  as  you  now  sufter  were  unavailing. 

To  secure  for  themful'  protection  in  the  enjoyment  of  all  their  jus| 
rights  aud  privileges  is  still  my  earnest  intent  and  object,  and  for  all 
losses  to  which  thoy  may  be  unlawfully  subjected  at  the  hands  of  tiij 
authorities  of  ^oreign  Governments  I  shall  seek  aud  expect  to  obtain  full 
redress.  I 

I  I'ogret  exceedingly  the  disturbance  in  their  long-customary  pursuiti 
and  the  serious  loss  and  inconvenience  attendant  upon  a  disputed  coa 
struction  of  laws  and  treaties  by  two  separate  Governments ;  and  I  triia 
that  I  shall  soon  bo  enabled  to  secure  such  a  clear  and  comprehepsir 
declaration  of  agreement  between  those  charged  with  the  admiuistn 
tion  of  the  two  Governments  as  will  define  the  line  of  their  rights  a» 
secure  from  molestatiou  those  American  fishermen  who,  obeying  tli 
injunctions  of  their  Government  respecting  subordination  to  the  !a« 
of  foreign  Governments,  keep  within  the  laws  of  their  own  country. 

lleparation  for  all  losses,  unlawfully  caused  by  foreign  authority,  i 
be  made  the  subject  of  international  pr'iscntation  and  demand. 
I  am,  &c., 

T.  F.  BAYARD,  j 

Capt.  Jessb  Lewis, 

Owner  of  the  ISchooner  David  J.  Adams,  Oloncester,  Mass. 

H.  Ex.  19 12       .    .  .  ^.  „  ,.,._.,.,,,.  .- ..  .-.-,. . 


RIGHTS   OF   AMEUICAN   FISUERMEN.  4G1 

No.  86. 
Mr.  Willard  to  Mr.  Bayard. 

ITclograra.] 

Portland,  Me,,  Jwfy  3, 1886.    [lieceivedJuly  4.] 
We  have  received  the  following  dispatcli  from  S]ielbui'ne,Nova  Scotia, 

Ito-dny,  viz : 

Cimhiii"  boarded  last  iiight  8   miles  from  custom-lioiiw..     RrouKlit  hero  Hoizod 
Ito-iiav.   CliarjjfO,  scekinj^bait  and  not  rt'iiortinj;  at  ciiHtom-lioiiso.     lliiyo  not  bonglit 
IjiivtliiDL'.    Wire  instructions. 
■"  •      ^  C.  B.  JEWETT. 

She  Mt  here  last  Tnes'^ay  with  the  uudorstandiiifj  you  had  settled 
[tlie  right  of  our  vessels  to  buy  bait.  How  long  are  we  to  be  tornieuted 
[io  tliis  kind  of  style  ?  If  it  is  to  continue  loug  we  should  prefer  to  haul 
lour  vessels  up.  It  seems  to  us  about  time  the  President  issued  his  non- 
lintercourse  proclamatiou  and  settled  this  thiug  one  way  or  the  other. 

Please  instruct  us  what  to  do  under  the  circumstances,  as  she  is  a 
haluable  vessel. 

E.  G.  WILLAED. 


^;\,:v ■■^;'  No. 87.  ;„,.'■-■,'='- -'..'"  i' 

Messis.  Gushing  and  McKenney  to  Mr.  Bayard. 

:  ■  ;'  [Teloaram.]  ,, 

Portland,  Me.,  July  3, 1880.    [Iteceived  July  — .] 
Our  schooner  City  Point  seized  in  Shelburne,  Nova  Scotia, for  taking 
[ill  water  and  allowing  men  ashore  before  rei>orting.    Please  give  in- 
jstractions. 

CUSEIING  &  MoKENNEY. 


-    :_    ■       No.  88.        -  -  ■;■  .  ■    ^;; 

Mr.  Woodbury  to  Mr.  Bayard. 

Boston,  July  7, 1880.    [Received  July  10.] 

Sir:  I  forward  twelve  affidavits  of  respectable  fishermenof  Glouces- 
ter laying  the  foundation  to  show  that  the  Canadian  authorities  have 
jhis  year,  without  notice,  radically  reversed  their  administration  of  laws 
Jwiud  American  bait  buyers  and  others.    That  thereby  some  of  our 
isliL'rmon  have  been  entrapped  and  seized  is  well  known  to  you.     I  ro- 
il a  duplicate  set,  for  use  in  case  a  suit  is  brought  for  a  penalty  of  $400 
Igainst  an  assumed  master  of  the  D.  J.  Adams,  which  the  customs  au- 
ihorities  allege  has  been  incurred. 
Iliaye  sent  these  in  the  expectation  that,  in  the  varying  phases  these 
pnadian assaults  on  our  commerce  assume,  these  facts  may  be  useful  to 
lie  Department,  if  not  in  the  matter  of  the  D.  J*.  Adams. 
I  have,  &c., 

,    CHAS.  LEVI  WOODBURY. 


462 


EIGHTS   OF   AMERICAN   FISHERMEN. 


[Inolosare  No.  1.] 

I,  Frank  Foster,  of  Gloucester,  Comniouw  Ith  of  Massachusetts,  in  the  Uoitt 
States  of  America,  on  my  oath  do  say  I  am  a  herman,  and  in  the  course  of  mycaj 
iug  during  the  last  fifteen  years  liave  entered  my  places  and  ports  in  Novaiioa 
for  the  purpose  of  buying  bait  to  be  used  by  ilio  vessel  I  was  on  in  the  ( 
fishery. 

I  further  say  we  wore  always  allowed  to  purchase  what  bait  wo  wanted  _„„ 
fore  this  year  I  never  heard  of  or  know  an  instance  where  such  vcHsel  lying  tol 
anchoring  within  the  three-mile  limits  of  tho  coast  for  such  purpose  was  required  t«j 

Eort  at  tho  nearest  custom-house,  or  to  make  entry  there,  or  was  warned  off.  I M 
cen  in  at  the  following  places  on  that  coast,  via :  Shelbui'ue,  Digby,  Grand  llaQai 
Bliss  Island,  Argyle;  and  further  says  not. 
[I..  8.1      ■  ^  .  FRANK  FOSTEE.I 

AARON  PARSONS, 

■    ,  -      ■'  ■■     ^     '•■  -^  Notary PMui 


■■   y.      [Incloanre  No.  2.]  •     -     ■ 

I,  Zebulon  Tarr,  of  Gloucester,  Commonwealth  of  Massachusetts,  in  tho  United  Stal 
of  America,  on  my  oath  do  say  I  am  a  fisherman,  and  in  tho  course  of  my  calling  di 
ing  the  last  thirty-one  years  have  entered  many  places  and  ports  in  Nova  Scotia? 
the  purpose  of  buying  bait  to  be  used  by  tho  vessel  I  was  on  in  tho  deop-sea  fishi 

I  further  say  we  were  always  freely  allowed  to  purchase  what  bait  we  wanted,] 
before  this  year  I  never  heard  of  or  knew  an  instance  where  such  vessel  lying  tol 
anchoring  within  the  three-mile  limits  of  the  coast  for  such  purpose  wasrequiredl 
report  at  the  nearest  cuotom-houRC,  or  to  make  entry  there,  or  wms  warned  off, 
have  been  in  at  the  follow  ing  places  on  that  coaet,  viz:  Canso,  Cape  North  Bay,! 


Anne,  Margaree ;  and  furtuer  says  not. 

Cl.8.] 


ZEBULON  TAB 

AARON  PARSONS, 

Notary  PMcM 


[Inclosnre  Ko.  3.] 

I,  John  Collins,  of  Gloucester,  Commonwealth  of  Massachusetts,  in  tho  United  St  J 
of  America,  on  my  oath  do  say  I  am  a  fisherman,  and  in  the  courHe  of  ray  callinj;  dl 
-Ug  the  last  thirty-seven  years  liave  entered  many  places  and  ports  in  Nova  Siotiai 
the  purpose  of  buying  bait  to  be  used  by  tho  vessel  I  was  on  in  the  deep-sea  fislierf 

I  further  say  we  were  always  freelj-  allowed  to  purchase  what  bait  wo  wanted.) 
before  this  year  I  never  heard  of  or  know  an  instance  where  such  vessel  lyinjjtd 
anchoring  within  tho  three-mile  limits  of  the  coast  for  .such  purpose  was  required] 
report  at  the  nearest  custom-house,  or  to  make  entry  there,  or  was  war  nod  off.  I  Li 
been  in  at  the  following  places  on  that  coast,  viz  :  Canso,  Georgetown,  YariiioDj 
Digby,  Cape  Negro,  T.nsket  Island,  Seatari,  Sydney,  Louisbuvg,  White  Head;  and 
thersays  not.  ,' 

(L.  8.]  JOHNCOLLIX^ 

AARON  PARSONS, 

Notary  M.ii'M 


fXncloanre  No.  4.] 

I,  Jeaae  Lewis,  of  Gloucester,  Commonwealth  of  Massachusetts,  inthoUnitidStJ 
of  America,  on  my  oath  do  say  I  am  a  fisherman,  and  in  course  of  my  calling"™ 
tlie  last  forty-five  years  have  entered  many  places  and  ports  in  Nov;i  Scotia  tor| 
purpose  of  buying  bait  to  be  used  by  the  vessel  I  was  on  in  the  deep-sea  Oshiiry.  i 

I  further  say  we  were  always  freely  allowed  to  purchase  what  bait  we  W3iiv«l,< 
before  this  year  I  never  hoard!  of  or  know  an  instance  where  such  vessel  l5""8 '1 
anchoring  within  the  threi-milo  limits  of  the  coasts  for  such  purpose  was  rej^'f*^ 
report  at  tho  nearest  custom-house,  or  to  make  entry  there,  or  was  warned  ""•  ' ' 
been  In  at  the  following  places  ou  that  coast,  viz :  Yarmoutk,  Cape  Negro,  llau 


RIGHTS   OF   AMERICAN   FISHERMEN. 


463 


in  the  Uniti 
ireeofmycii 
in  Nova  Scoa 
n  the  deep- 

■anted,  and  L 
isol  lying  tol 
8  required  toil 
led  off.  I  hail 
Grand  Maaai 

SK  FOSTER,! 

PARSONS, 
Votary  PuJli«  1 


he  United  Stall 
'ray  calling  dl 
I  Nova  Scotia  i 
deop-sea  fislieq 
I  we  wanted, ! 
easel  lying  to  J 
I  was  required! 
8  warned  off.  ] 
e  North  Bay,  i 

5UL0N  TAB 

PARSONS, 
Notary  Pvhlic- 


[m  COLLIil 

LARSONS, 

lUfotary  Mlii 


1 11-3  United  StJ 
ly  calling  diiil 
la  Scotia  for] 
|BeafiBb>!ry. 
■  we  warned,! 

Lael  lying '^ 
Iwas  rcquirej" 
Tnedotf.  '? 
I  Negro,  Halilj 


flielbnrne,  LiBCOinb^  Country  Harbor,  White  Head,  Canso,  La  Have,  Liverpool,  Rans- 
lierrv  Harbor,  Souris,  Georgetown,  Charlottetown,  Mancpeck :  and  further  says  not. 
'    [i,i.]  JESSE  LEWIS. 

AARON  PARSONS, 
Notary  Public. 


[IncIoBuro  Ko.  5.] 

I,  George  II.  Martin,  of  Gloucester,  Commonwealth  of  Massachusetts,  in  the  United 

States  of  America,  on  my  oath  do  say  I  am  a  lishorman,  and  in  the  course  of  my 

(ailing  during  the  last  23  years  have  entered  many  places  and  ports  in  Nova  Scotia 

I  fertile  purpose  of  buying  bait  to  bo  used  by  the"  vessel  I  was  ou  in  the  deep-sea  fish- 

[Irv, 
I  further  say  wo  were  always  freely  allowed  to  purchase  what  bait  we  wanted,  and 

j  before  this  year  I  never  heard  of  or  knew  au  instance  where  such  vessel  lying  to  or 
anchoring  withing  the  three-mile  limits  of  the  coast  for  such  purposes  was  required 
lo  report  at  the  nearest  custom-house  or  to  make  entry  there,  or  was  warned  off. 
Ihave  been  in  at  the  foUowinj^  places  on  that  coast,  viz :  Digby,  Brier  Island,  Tusket 
Island,  Pnbnico,  Barrington,  John's  Island,  Shelburne,  Liverpool,  Margaret  Bay,  Do- 
ver, Prospect,  Cat's  Harbor,  Isaac's  Harbor,  Liscomb,  White  Haven,  Cape  Cause,  St. 

[Peter's  Bay,  Louisburg,  Judique,  Svdney,  St.  Anne's  Bay :  and  further  says  not. 
[L8.]  GEO.  H.  MARTIN, 

''       '^:  ;■''   AARON  PARSONS, 

■    "  Notary  Public. 


rinoloanre  No.  6.] 

I,  James  T.  Simpson,  of  Gloucester,  Commonwealth  of  Massachusetts,  in  the  United 
[States  of  America,  on  my  oath  do  say  I  am  a  fisherman,  and  in  the  course  of  my  call- 
ling  during  the  last  fourteen  years  have  entered  many  places  and  ports  in  Nova  Scotia 
llbnhe  purpose  of  buying  bait  to  bo  used  by  the  vessel  I  was  on  in  the  deep-sea  fishery. 
I  1  further  say  we  were  always  freely  allowed  to  purchase  what  bait  we  wanted,  and 
llefori!  this  year  I  never  heard  of  or  knew  an  instance  where  such  vessel  lying  to  or 
uchoring  within  the  three-mile  limits  of  the  coast  for  such  purpose  was  required  to 
report  at  the  nearest  custom-house,  or  to  make  entry  there,  or  was  warned  off.    I  have 
been  in  at  the  following  places  on  that  coast,  viz:  Digby,  Qarapobello  Island,  St. 
Mrewe,  IJliBH  Island,  Grand  Manaii,  Beaver  Island,  St,  Mary's  Bay,  Yarmouth,  Cape 
[Pgro, Shelburne,  dnjii'  ha  Have,  Sarabro,  White  Head,  Canso,  St.  Petei-'s  Bay ,  Arichat, 
^msljurg,  Jjydpey,  fit-  Apflfi'fl  Day,  Poft  Hood ;  a«4  /nrt^ej-  says  not. 
[L8.]  r  ■-".y    r...      ..^  .        .,.        iTiMES  T. SIMPSON. 

AARON  PARSONS, 

Jlfotary  Public. 


[I, Simeon  McLoud,  of  Gloucester,  Commonwealth  of  Massachusetts,  in  the  United 

atcsof  America,  on  my  oath  do  say  I  am  a  fisherman,  and  in  the  course  of  my  call- 

ig  during  the  last  fourteen  years  have  entered  many  places  and  ports  in  Nova  Scotia 

It  tbe  purpose  of  buying  bait  to  be  used  by  tha  vessel  I  was  on  in  the  deep-sea  fishery. 

I^ljurthor  say  we  wore  always  freely  allowed  to  purchase  what  bait  we  wanted,  and 

Woif  this  year  I  never  Jioardof  or  knew  an  instance  where  such  vessel  lying  to  or 

Coring  within  the  three-mile  limits  of  the  coast  for  such  purpose  ,vas  required  to  ro- 

^ftcithe  nearest  custom-house,  or  to  make  entry  there,  or  was  warned  off.    I  have 

Vb  in  at  the  following  places  on  that  coast,  viz :   Wood  Harbor,  Groeu  Cove,  John's 

mA.  Rayton's  Island;  and  further  says  not. 

[[Li]  SIMEON  McLOUD. 

♦ 

_    -  AARON  PARSONS, 

Notary  Public. 


464 


EIGHTS  "OP   AMERICAN   FISHERMEN. 


ITncloaoro  No.  8.  | 

I,  Nathauiol  P.  Smith,  of  Gloucester,  Commonwealth  of  Massachusetta,  iutwl 
United  StatoH  of  America,  on  ray  oatli  do  say  I  am  a  flahorman,  and  in  the  course  of 
my  callinj;  during  tlie  last  thirty-llvo  years  have  entered  many  places  and  poruj 
in  Nova  Scotia  for  the  purpose  of  baying  bait  to  be  used  by  the  vessel  I  waa  on  in 
the  deei)-Rea  fishery.  I 

I  further  say  we  wore  always  freely  allowed  to  purchase  what  bait  we  wanted  1 
and  before  this  year  I  never  heard  of  or  knew  op  instance  where  such  vessel  lying  to 
or  anchoring  within  the  three-mile  linr  ts  o*  ti  j  coast  for  such  purpose  was  required  to 
report  at  the  nearest  custom-house,  oc  to  make  entry  there,  or  was  warned  off.  n 
liave  been  in  at  the  following  places  on  that  coast,  viz:  Digby,  Brier  Island  St. 

Andrews,  Cauiitobello  Island,  St.  John,  New  Brunswick,  W<^ymouth, Yarmouth,  Arg^V 
Pubnico,  Harrington,  Gaspo,  Capo  Negro,  Shelburne,  Liverpool,  Dover  Harbor,  Lun- 1 
enburg,  La  Have,  Prospect,  Sambr  >,  Halifax,  Beaver  Harbor,  Country  Harbor,  While 
Head,  Canso,  Sydney,  Arichat,  Louisburg,  Charlottetown,  Georgetown,  Souris  Cat 
cumpec,  Port  IJaniei,  Ship  Harbor;  and  further  says  not. 
[L.  8.]  NATHANIEL  P.  SMTH. 

AARON  PARSONS, 

Notary  Puhlk, 


(Inclosuro  Kg.  9.)  .' 

I,  Thomas  .Jones,  of  Gloucester,  Commonwealth  of  Massachusetts,  in  the  Unitidl 
States  of  America,  on  my  oath  do  say  I  am  a  fisherman,  and  in  the  course  of  my  calliii|;| 
during  the  last  fourteen  years  have  entered  many  places  and  ports  in  Nova  Scotia  for | 
the  purpose  of  buying  bait  to  be  used  by  the  vessel  I  was  on  in  the  dcc])-sea  h.shery. 

I  further  say  we  were  always  freely  ailowed  to  purchase  what  bait  wo  wantod/andj 
before  this  year  1  never  heard  of  or  knew  an  instance  where  such  vessel  lying  to  orj 
anchoring  within  the  three-mile  limits  of  the  coast  for  such  purpose  was  required  tnl 
report  at  the  nearest  custom-house,  or  to  make  entry  there,  or  was  warned  off.  l| 
have  been  in  at  the  following  places  on  that  coast,  viz :  Digby,  Brier  Island,  Campn-r 
bello  Island,  St.  Andrews,  Beaver  Harbor,  Bliss  Island,  Head  Harbor,  Yarnmntb.  St.j 
Mary's  Bay,  Grand  Manan,  Cape  Negi'o,  Shelburne,  Liverpool,  Dover,  Halifax,  Canso, j 
Sydney,  Jeddore  Harbor,  Ship  Harbor,  Louisburg,  Georgetown,  Souris,  Chaleur  Bay; j 
and  further  says  not. 

[L.8.]  ,  ,  ,     ,  THOMAS  JONES. 

'V  !  .:::'''':■  ;,../:       aaron paesqns, 

' .  ,  Notarij  I'Mk. 


'  ,  [Inolosnre  No.  10.] 

I,  Scott  Goyer,  of  Gloucester,  Coninionwealthof  Massachusetts,  in  the  United  S(»t<| 
of  America,  on  my  oath  do  sa,y  I  am  a  fisherman,  and  In  the  course  of  my  calling  dui 
ingthe  last  twenty-five  years  have  entered  many  places  ami  ports  in  Nova  Scotii 
for  the  purpose  of  buying  bait  to  be  used  by  th<  vessel  I  was  on  in  the  dccp-aea  fishery 

I  further  say  we  were  always  fretOy  allowed  to  purchase  what  bait  we  wanted, am 
before  this  yi?ar  I  never  he  ird  of  or  knew  an  instance  where  such  vessel  lying  too 
anchoring  witltiii  (he  three-mile  limits  of  the  coast  for  sneh  purpose  wasrequired  tore 
jtoi  I  at  (he  nenH'st  cnstom-bonse,  or  to  make  entry  there,  or  was  warned  otF.  Ihavl 
niM'uin  at  the  following  places  on  .that  coast,  viz:  Grand  Manan,  Head  Harbor,  Campor 
bello  Island,  Beaver  Harbor,  Digby,  Bliss  Island,  Brier  Lslaud,  Barrington.  CapeNw 
gro.  Prospect,  Cape  Canso,  Gut  of  Canso,  White  Head,  Halifax,  Liverpool,  Bhellniraoj 
UoorgedtwH,  Souris,  Charlottetown,  Malpeque,  Chaleur  Bay;  and  further  sa.vif  not. 

[L.8.]       '  IW^JOTT  GEYER. 

•  AARON  FMiHO 

■  Notarn  i 


fluoloRare  No.  II.) 


I,  Edward  Cantillion,  of  Gloucester,  Commonwealth  nt  M»ssaehu8ett8,iatheUnit« 
States  of  America,  on  my  oath  do  say  I  am  a  fisherman,  and  in  the  course  of  mycj^ 
ing  during  the  last  thirteen  years  have  entered  many  places  and  ports  of  ""^'.TTT 
for  the  purpose  of  buying  bait  to  be  used  by  the  vessel  I  was  on  in  the  deep-sea  nsneij 


KIOHTiS   OF   AMERICAN   FISHERMEN. 


4G5 


1  further  say  we  wore  alwayn  fiooly  allowoil  to  purohiiHo  what  bait,  wo  wauted, 
1  Hid  bcfure  thiti  year  I  novor  heard  of  or  know  au  iimtanco  whi^ro  such  vcshcI  lyiuff  to 
Ljj,„pl)„nii);  within  the  throo-niilo  limits  of  tho  coast  for  such  piirposo  was  roquired  to 
Irfiiort  at  tlio  iiourcst  ciiHtoni-houHo,  or  to  make  outry  there,  or  wiw  warned  oft".  I  have 
to iuftttiie  following  jilaocH  on  that  coast,  viz:  Grand  Manan  Inland,  Dighy,  Brier 
Island  St.  Miuy'**  l^'^y.  (Jiueu  Cove,  Yarmonth,  Shollinrnc,  Liverpool,  Cole  Harbor, 
I  Dover' Aricbat,  Canso,  Bodotiue,  St.  Anns,  Sydney;  and  further  sayH  not. 
I   n  8.1  EDWARD  CANTILLION, 

Hvhooner  Sylvester. 

AARON  PARSONS, 

Notary  Fublio, 


[L.8.] 


[Inolosuro  No.  12.J 

^^-  I.Jeffioy  F.  Oerroir,  of  Gloucester,  Conimonwealthof  Massacliusotta,  in  the  United 

SMITH.  ^Hsiaii'sol'Aiiiorica,  on  my  oath  do  say  I  am  a  fisherman,  and  in  I  lie  course  of  my  call- 

^liD'diiriug  the  last  fourteen  years  have  entered  many  places  and  ports  in  Nova  Scotia 

ifor  tlio  purpose  of  buying  bait  to  bo  used  by  the  vessel  I  was  on  in  the  deep-sea  fishery. 

i  fiirtlicr  say  wo  wore  always  freely  allowed  to  purchase  what  bait  we  wanted,  and 

111! iiw  this  yciir  I  never  hciard  of  or  knew  an  instance  where  such  vessel  lyin^  to  or 

lanrhoriHg  within  the  tlirco-mile  limits  of  the  coast  for  such  purpose  was  required  to 

ninri  lit  tbo  nearest  custom-house,  or  to  nuike  entry  there,  or  was  warned  off.    I 

lk\i'  liecn  lu  at  the  following  placeson  that  coast,  viz :  St.  Andrews,  New  '  'i  unswick ; 

p.Jubii,  New  Brunswick  ;   Digby,  Yarmouth,  B;  rrington,  Shelbnrne,  Li   crpool,  La 

Bave,  Luuciiburg,  Halifax,  Dover,  Aricbat,  Cama,  Bedeque,  St.  Anne,  Sydney,  Port 

flood,  Louisburg,  Charlottotown,  Souris,  Georgetown;  and  further  says  not. 

[L.8,]  JEFFREY  F.  GERROIR. 


AARON  PARSONS, 

.    Notary  Puhlio. 


,K'-''  ■ 


No.  89. 


United  Stat<| 

calling  dm 
Nova  ScotH 
ep-sea  fishcrj 

wanted,  ani 
lel  lying  too 

quired  totf 
doff.   Ibavl 
jrbor.Campi 
ton.  Cape  N* 

1,  Shelburaol 
er  sav9  not. 
GEYER. 


x^-JI 


■^i 


tarn  /'"*"*■ 


Mr.  Willard  to  Mr.  Bayard. 

Portland,  Me., 
July  7, 1886.  [Eeceived  July  9, 1886.] 
i  Deae  Sir  :  We  wired  you  the  i)articulars  of  the  seizure  of  our 
jehooner  George  W.  Gushing  by  the  Canadian  authorities.  As  yet  we 
lave  DO  reply  to  our  question  as  to  what  wo  should  do  in  the  matter. 
^e  suppose,  however,  that  y©u  are  giving  it  the  consideration  that  it 
ems,  aii(]  that  we  shall  hear  from  you  when  you  have  reached  a 
fitisfactory  conclusion. 

I  vessel  we  kejjt  tied  to  the  wharf  three  weeks,  and  only  allowed 

^r  to  go  after  we  understood  you  had  arranged  matters  ami  that  oui 

«els  could  have  all  the  privileges  that  we  accorded  to  theirs.    It 

lems  that  everybody  here  so  understood  it,«and  this  is  the  cause  of  so 

«ny  of  our  vessels  calling  at  Nova  Scotia  ports  for  a  week  i>ast.   They 

tityns  that  we  can  have  the  vessel  by  the  payment  of  a  fine  amount- 

!  to  about  $G00,  and  tliat  she  is  not  held  for  a  violation  of  the  treaty 

pi8,  but  for  violation  of  customs  regulations.    This  is  plainly  only 

:'t'":Ai, as  they  (orbid  our  vessels  the  privilege  of  entering  and  pur- 

pioj?  supplies,  as  we  understand  their  law,  by  the  reading,  it  applies 

Vessels  ill  Mie  coasting  trade,  but  if  it  applied  to  fishermen  there  has 

*nonly  a  teclj/iical  violation,  and  where  it  can  be  plainly  shown  that 

P*'  was  110  intent  to  evade  the  laws  they  ought  to  release  the  vessel, 

Iwir  Government  did  in  the  case  of  the  schooner  Sisters,  which  was 

|fl  tor  gross  i  gnorance  on  ihe  part  of  the  8kipi>er.    The  captain  of  this 

3.  E.K.  113 30 


466 


IUGHT8    OF    AMERICAN    F18HEKMEN. 


It 

It  ii. 


vessel  bus  been  pettiiip:  bait  and  i<!0  in  thtiir  ports  for  tliirty  years,  audi 
until  the  present  has  never  seen  the  inside  of  a  custom  \mm.  The«| 
vessels  have  always  entered  onr  ports  an<l  sold  fresli  Hsh,  f,r()t  mippliMl 
and  enjoyed  privileges  that  even  our  own  vessels  have  not  enjoyed,  biititl 
seems  that  they  are  determined  to  harass  our  lishing  vessels  in  liopestol 
drive  us  into  letting  them  have  our  markets  free,  which,  with  tbeboiiil 
ties  they  enjoy^  from  the  money  our  Government  paid,  they  cim  (lestroyj 
the  business  in  New  England  and  get  a  complete  monopoly.    Weclaiml 
that  It  is  not  an  actual  necessity  f(  r  our  .essels  to  procure  bait  and  uJ 
in  their  ports,  but  it  is  more  convcinient,  as  it  is  nearer  the  Mm 
grounds.    Only  such  vessels  engaged  in  the  halibut  fishery  ever  pet  bail 
there.    The  cod-fishermen  take  salt  bait  fVom  here,  and  besides  wetiir-l 
nish  their  cod  fishermen  in  the  spring  with  thousands  of  barrels  of  sail 
clams. 

While  we  think  that  these  are  m.atters  which  require  time  and  cau 
tion,  we  do  not  think  there  is  a  nation  on  earth  that  would  liave  stoodi 
"the  petty  bulldozing  that  this  Government  has  for  the  last  twenty  years,! 
and  we  are  of  the  opinion  that  this  matter  requires  more  Mian  ordiiiarvj 
attep>in»«  :ir.d  haste,  for  there  may  be  a  rupture  at  any  time  tliatmigiii 
involve  the  Government  far  more  than  it  could  by  pursuing  a  vi;,'oroiii 
policy.  C  ur  fishermen  are  getting  into  a  bad  frame  of  mind,  andiiieij 
like  these,  used  to  hardship  and  peril,  might  not  hesitate  to  do  most  any! 
thing.  Of  course  we  deprecate  any  such  measures,  but  they  are  uot! 
wholly  within  our  control. 

Everybody's  opinion  is  entitled  to  some  weight,  and  we  veuture  t«i 
give  ours  as  to  the  best  course  to  pursue. 

We  think  that  your  Department  ought  to  telegraph  the  Domiuiou 
Government  that,  inasmuch  as  the  vessels  seized  have  beeu  fi;iiiltyol 
only  a  technical  violation  of  customs  laws,  that  they  ought  to  release  tlii 
vessels  on  the  same  terms  that  our  Government  has  always  released 
theirs.  If  they  refuse  to  do  this,  then  the  President,  with  the  pofferj 
given  him  by  Congress,  should  give  them  notice  that  he  should  imme- 
diately issue  his  proclamation,  declaring  non-intercourse  in  all  matters] 
pertaining  to  the  fisheries,  and  that  from  the  1st  day  of  August  no  M 
from  the  provinces  can  belauded  in  the  United  States  and  none  exported] 
from  here  thence,  such  decree  to  remain  in  force  six  mouths,  unless] 
sooner  revoked. 

The  effect  of  this  would  be  to  bring  them  to  terms  very  quick,  as  tlieyl 
are  almost  wholly  dependent  upon  our  market  for  the  disposition  of 
their  fish,  and  without  this  i)rivilege  Nova  Scotia  is  almost  helpless 

For  the  honor  of  the  old  Democratic  party  something  must  be  doi 
Three-quarters  of  the  people  engaged  in  this  business  are  Democrats, 
and  they  have  been  made  so  by  the  actions  of  the  Kepublieaus  in  the 
past.  Wo  understand  that,  there  are  those  that  would  mauufiictureiM)' 
litical  capital  out  of  this  matter,  but  it  is  too  serious  a  thing,  and  tlieyi 
cau  easily  be  haudica])ped  by  vigorous  action  in  this  matter  by  yoiuj 
Department. 

As  a  faithful  defender  of  the  faith  these  many  years,  wo  pray  tbat  * 
may  see  one  of  the  ends  for  which  we  have  fought  brought  to  a  succe  -  j 
ful  issue. 

Please  do  not  leave  this  important  matter  to  assistants,  and  yon  ^ 
greatly  oblige  if  you  will  let  us  know  what  we  have  to  expect,  ami  i 
we  have  any  rights  which  Canada  is  bound  to  respect.  . 

This  is  a  private  letter  and  is  not  given  to  the  papers  for  publicajio 
an<l  if  you  will  give  us  a  reply  in  full  we  will  treat  it  as  conlideiitial. 
Yours  respectfully,  &c., 

^  •^'       '  E.  G.  WILLAEU. 


B10HTS  OF   AMERICAN   FISHERMEN.  4G7 

No.  90. 

Mr.  Bayard  to  Mr.  Willard, 

Department  of  Sta  te, 

Waahingtonj  July  1),  1886. 

Siu:  Your  telegram  of  the  3(1,  aud  your  letter  of  the  7tl>  instant, 
[g(„tjiijT  the  Heissure  at  Shelburne,  Xova  Scotia,  by  the  local  authorities 
loftliat  port,  of  the  srhooier  Gc  rgo  W.  Cushiuf?,  were  duly  received. 

lleloii  the  receipt  ol  either,  lit  .  ■«  of  this  seizure  had  been  received 
Ibytliis  Di'partmeiit  and  iustant  instructions  had  been  sent  to  the  cou- 
Isiilfciii'iiil  at  Halifax  to  proceed  to  Shelburne  and  obtain  full  knowl- 
M'ic,  of  all  ilie  facts  and  make  full  report  to  this  Department  of  the 
Icaiise  (»l  such  seizure,  and  the  nature  of  the  complaint  upon  which  such 
Ipweediiif,'  wen  founded. 

In  the  absence  of  such  authentic  information  it  is  impossible  for  this 
iDt'partment  to  take  any  action,  or  to  give  you  advice. 

As  the  contents  of  your  telegram  and  letter  disclonc,  you  are  well 
lanare  that  (luestions  are  now  pending  between  this  Government  and 
Ithiit  of  Great  Britain  in  relation  to  the  just  definition  of  the  rights 
loi'  American  lishing  vessels  in  the  territorial  waters  of  IJritish  North 
lAnieric». 

I  shall  relax  no  effort  to  arrive  at  &  satisfactory  solution  of  the  diflB- 
(ulty,  aud  in  the  mean  time  it  is  the  duty  and  manifest  interest  of  all 
lAniericau  citizens  entering  Canadian  jurisdiction  to  ascertain  and  obey 
Itlie  laws  and  regulations  there  in  force. 

For  all  unlawful  deprivation  of  property  or  commercial  rights  this 
iGomniiieiit  will  expect  to  procure  due  redress  and  compensation  for 
Itlic  imioteut  sufferers. 

Very  resi)ectfully,  yours,  / 

T.  F.  BAYARD. 


No.  91. 


Hon.  Mr,  Bo^ltelle  to  Mr.  Bayard, 


[Tologram.l 


r  House  of  Eepbesentatives, 

July  10,  1886. 

I  liave  just  received  a  dispatch  from  Eastport,  Mo.,  stating  that 
iiueiican  boats  after  herring  for  sardines  at  St.  Andrews,  New  Bruns- 
wick, \yer6  driven  away  last  night  by  the  Dominion  cruiser  Middleton, 
Nit  is  announced  that  no  American  boats  will  be  allowed  to  take  her- 
rng  for  any  purpose.  1  earnestly  invoke  the  immediate  attention  of  the 
pepartiucnt  to  this  matter. 

C.  A.  BOUTELLE. 


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EIGHTS   OF   AMERICAN   FISHERMFN. 

No.  02. 

Mr,  Bayard  to  Eon.  Mr.  BouUlle. 


Department  of  State 

July  lUi^lU. 

Dear  Sir:  I  hai'e  just  received  your  telegram  of  tliis  date,  stHtini 
that  you  l>ad  a  lispatch  from  E.-i.jtport,  Me.,  that  American  boats  alto! 
herring  for  sardines  at  St.  Andrews,  New  Brunswick,  were  driven  awavl 
by  the  Dominion  erniser  Middleton,  with  the  announcement  that  noi 
Americ£n  boats  will  be  allowed  to  take  herring  for  any  purpose.       I 

And  t J  this  you  invoke  the  immediate  attention  of  this  Department! 

On  the  2d  of  June  last  you  called  at  this  Department  in  corapanTi 
with  Senator  Hale,  of  Maine,  and  then  drew  my  attention  to  a  sluiilal 
threat  of  interference  with  the  purchase  of  small  herring  for  canningasl 
sardines  from  the  Canadian  weirs.  I 

On  the  same  day  I  made  representation  of  the  alleged  threats  to  tiel 
British  minister  at  this  capital,  and  drew  his  attention  to  the  alledl 
violation  of  lawful  commercial  intercourse  between  British  subjects' inl 
Canada  and  the  citizens  of  the  United  States.  I 

I  was  in  hopes  that  further  interference  with  a  recognized  and  legiti| 
mate  trade  would  be  prevented,  but  wilt  again  address  the  British  mini 
ister  on  the  su!>ject. 

It  will  assist  materially  in  all  such  cases  of  alleged  violation  of  cornJ 
mercial  rights,  if  accurate  and  full  statements  of  all  the  lactsineaclil 
case  are  procured  and  forwarded  to  this  Department  accompanied  bjj 
aiiidavits.  I 

A  great  deal  of  loose  rumor  and  sen  sational  statement  wonld  be  thnjj 
disposed  o^',  and  a  tangible  basis  be  laid  for  claim  for  compensation byj 
the  injured  parties. 
1  have,  &c.. 

T.  F.  BAYARD, 


No.  93. 

Mr.  Bayard  to  Mr.  Woodbury. 

Department  of  State, 
Washington,  July  13, 188fi. 
Sir  :  Your  letter  dated  July  7,  with  twelve  affidavits  of  Glouccstt 
tishermon  alleging  their  long-continued  custom  of  purchasing  bait  iij 
). laces  and  ports  in  Nova  Scotia  to  be  used  in  deep-sea  fishing,  has  Ih 
received,  and  shall  be  placed  on  flle  for  future  reference  in  connect 
with  claims  for  compensation,  growing  out  of  the  unlawful  preventioij 
of  this  usage  by  the  Canadian  authoritieii. 
I  am,  &c., 

.      .  '         T.  F.  BAYAED. 


RIGRTS   OP  AMERICAN  FISHERMEN. 


469 


Ko.  94. 

Hon.  Mr.  Bouttlle  to  Mr.  Bayar 

House  of  Representatives, 
Woskington,  July  14, 1886.    [Received  July  5.] 
Sib:  Acknowledging  receipt  of  your  letter  of  13th  instant,  stating 
[that  the  view  presented  by  me  will  receive  dne  consideration,  I  beg  to 
[inclose  herewith  the  affidavit  of  Stephen  R.  Balkam,  of  Eastport,  set- 
Itiug  forth  the  facts  of  the  refusal  of  the  commander  of  the  cruiser  Mid- 
dletoii  to  permit  him  to  purchase  herring  at  St.  Andrews,  New  Bruns- 
Iwick,  on  Friday,  July  9, 1886,  as  referred  to  in  the  telegram  forwarded 
[by  me  to  the  Department  on  the  10th  instant. 
I  ain,  &c., 

0.  A.  BOUTELLE. 


[Inoloanre.] 


I,  Stephen  R.  Balkam,  of  Eastport,  in  the  county  of  Washington,  Str.te  of  Maine, 

ion  oath  declare  that  on  Friday  morning,  Jnly  9,  188G,  I  was  at  St.  Andrews,  N.  B. 

|Mt  business  was  to  procure  lierring  for  canning.     I  am  employed  by  Hirtim  I'lanchard 

I&  Son.   The  Dominion  cruiser  Middleton  was  at  anchor  near  the  beacon  at  St.  An- 

jiirevfs.   A  boat  from  the  Middleton,  commanded  by  Capt.  William  Kent,  came  along- 

Itide  of  my  boat  and  asked  if  my  boat  was  American,  and  where  my  boat  was  owned.    I 

Iteplied  that  the  boat  was  owned  at  Eastport,  Me.    He  then  said  I  could  not  take  any 

TidTing,  and  if  I  took  any  would  be  liable  to  be  seized.    He  told  me  if  I  wished  to  get 

|erriug  I  must  get  an  English  boat ;  that  I  could  not  get  herring  with  an  American 

"loat.  It  had  been  my  practice  to  buy  the  herring  of  men  whc  caught  them  in  seines, 

jlliey  delivering  the  herring  in  the  gunwale  of  my  boat.    On  the  day  the  Middleton 

Irove  me  away  I  was  paying  $10  per  hogshead  for  the  herring.    The  mon  of  whom  I 

louglit  them  were  Dominion  fishermen.    The  captain  of  the  Middleton  then  left  me 

^ud  went  to  other  American  boats  and  ordered  them  away.    They  left  without  hav- 

iig  procMed  any  fish.    I  took  an  Engliih  boat  in  tow  that  had  taken  fish  from  the 

leine,  towed  her  into  American  waters,  then  took  her  fish,  and  came  to  Eastport.. 

STEPHEN  R.  BALKAM. 

Sworn  and  subscribed  before  me  this  12th  day  of  July,  1886. 

N.  B.  NUTT, 
Justice  of  the  Feace. 


No.  95. 


Mr.  Bayard  to  Son.  C.  A.  Boutelle. 

Department  of  State, 

Washington,  July  15, 1886. 

Sir:  I  have  your  letter  dated  yesterday  enclosing  the  affidavit  of 
Pteplien  E.  Balkam,  relating  the  circumstances  of  his  being  ordered 
Iffiiy  from  St.  Andrews,  New  Brunswick,  by  the  Dominion  cruiser  Mid- 
Ftoii,  Captain  Kent,  in  July  9th  instant,  and  the  refusal  by  Captain 
>eut  to  allow  the  deponent  to  purchase  flsh  caught  and  sold  by  (Jana- 
|iaii8  for  canning. 
The  affidavit  shall  be  placed  on  file  for  reference. 
^ours,  &fj., 

T.  F.  BAYARD. 


470  RIGHTS   OP   AMERICAN   FISHERMEN. 

No.  96.  / 

Mr.  Woodbury  to  Mr.  Bayard. 

Boston,  July  28, 1886.    [Eeceived  July  29.] 
Sir:  I  have  the  honor  to  enclose  for  your  consideration  tho  afiQdavit 
of  James  McDonald,  master  of  the  schooner  Thomas  F.  Bayard,  wLo 
has  been  illegally  driven  from  the  waters  of  Bonne  Bay,  on  the  north 
west  coast  of  Newfoundland,  in  direct  violation  of  the  treaty  of  1818. 
In  this  connection  I  would  refer  you  to  the  fact  that  the  British  Gov 
ernment  have  twice  declined  to  ratify  laws  of  Newfoundland  prohibiting 
the  sale  of  bait  (see  Executive  Document  No.  84,  Forty-sixth  Congress^ 
second  session.  House  of  Eepresentatives,  pp.  106-7):  once  whentlie 
Duke  of  Newcastle  was  minister,  and  again  when  Sir  M.  Hicks  Beach  was 
colonial  secretary,  in  1878.    In  1885  I  wrote  to  our  minister  at  Londoa 
requesting  him  to  ascertain  at  the  colonial  office  whether  since  1878  any 
law  of  NewfoundltT,nd  prohibiting  the  sale  of  bait  to  foreigners  had  been  i 
approved,  and  the  reply  furnished  him  was,  none  had  been.   Thisistlie  i 
only  instance  of  the  kind  from  Newfoundland  that  has  come  to  ray 
knowledge.    Captain  McDonald  sails  to-morrow,  but  proof  of  his  1( 
will  be  made  up  and  transmitted  to  the  Department. 

I  forwarded  some  time  since  some  evidence  as  to  the  collector  at ' 
Magdalen  Islands  denying  treaty  righcs  to  our  vessels.  I  inclose  I 
the  affidavit  of  A.  McEachem,  master  of  the  schooner  Mascot,  that  he 
was  denied  at  Fort  Amherst,  June  10th,  any  privilege  except  wood  and 
water,  and  also  threatened  with  seizure  even  if  he  should  take  a  pilot! 
The  Magdalen  Islands,  like  the  west  coast  of  Newfoundland,  are  by 
treaty  particularly  stated  to  be  places  where  the  common  rights  of  fish- 
ery on  land  or  sea  are  to  be  enjoyed  by  both  parties  to  the  treaty. 


I  am,  &c., 


OHAS.  LEVI  WOODBURY. 


[InoIoBores.] 

1.  Captain  McDonald  to  Mr.  Bayard.     Gloucester,  Mass.,  July  28, 1886.  (Printed] 
herewith.) 

2.  Sworn  statement  of  Captain  McDonald,  dated  July  28,  1886.  (Printed  as  in- 
closure  No.  1  to  Mr.  Phelps's  note  of  September  11  to  Lord  Iddesleigh.  See  ani«,  No, 
66,  p.  147.) 

3.  Sworn  statement  of  Alexander  MacEachern,  dated  July  27,  1886.    (lUl  See] 
ante,  No.  66,  p.  147.) 


,\%VU 


\  ,   1 


[Inolosnre  1.] 

Captain  James  MoDonald  to  Mr.  Bayard. 

Gloucester,  July  28, 1 
Sm :  The  schooner  Thomas  F.  Bayard,  of  Gloucester,  of  which  I  am  master  and! 
part  owner,  sailed  from  Gloucester  June  22  on  a  trip  after  halibut,  with  license iwl 
b-ade  permit.  My  supply  of  bait  becoming  exhausted,  I  entered  the  port  of  Bon 
Bay,  on  the  northwest  coast  of  Newfoundland,  for  tho  purpose  oi  procuring  a  sapp  yj 
of  iiait  ou  July  12.  Directly  on  anchoring,  I  reported  at  the  custom-hoase  to  the  coif 
lector  and  stated  my  object  was  to  buy  bait.  Mr.  Taylor,  the  collector  of  tl'*P"?j 
immediately  served  upon  me  a  notice,  which  I  transmit  herewith,  to  the  effect  that  tlw 
presence  of  my  vessel  in  the  port  was  in  violation  of  the  articles  of  the  conventioi' 


RIGHTS   OF   AMERICAN   FISHERMEN. 


471 


^f  Iftlf  niid  also  warned  nio  not  to  1)iiy  1>!iit.  Iliiving  a  coi)y  of  tlio  Ottawa  circn- 
liir  of  March  5,  ISWi,  with  n»e,  I  produced  it  and  read  to  the  collector  th«  treaty  claiiHO 
•i there  printed,  and  argued  with  him  that  I  had  the  treaty  right  to  come  in  hero.  His 
reply  was,  in  snbstance,  that  he  must  perform  his  duty  and  i)roveii1  me  from  buying 
kit!  I  returned  to  my  vessel,  and,  fearing  1  slionld  be  seized  if  I  bought  bait  or 
lishfd  in  tho  tliree-mile  limit  or  remained,  I  sailed  for  homo,  and  arrived  at  Glouces- 
ter Jnlv  20,  niy  voyage  being  broken  up.  and  having  a  small  fare.  I  left  one  of  the 
liest  chances  to  obtain  a  largo  fare  of  Ush,  that  were  very  j)lentiful  in  the  vicinity  of 
thi'  port.    I  eHtiniate  the  Iossoh  of  the  vessel  and  crow  at  $4,000.  ^';ughly. 

Ithoiiglit  it  proper  to  lay  this  matter  before  you  that,  if  I  had  the  right  to  fish  on 
tiiatcnaHt,  I  might  procure  recompense  and  damages  for  the  injury  done  my  voyage, 
lam,  &c., 

JAMES  Mcdonald, 

Master. 


No.  97. 


Mr.  Bayard  to  Mr.  Woodbury. 

Department  of  State, 

Washington,  July  30,  1886. 
Sie:  Ibeg  to  acknowletlge  your  letter  dated  July  28,  accompanied 
Ibytbe  affidavit  of  Captain  McDonald,  of  the  schooner  T.  F.  Bayard, 
laud  tlie  notice  given  him  at  Bonne  Bay,  Newfoundland,  and  also  the 
|affi(lavit  of  Capt.  Alexander  McEachern,  of  the  schooner  Mascot.  • 

Tliese  infractions  of  the  riglits  of  American  citizens  intended  to  be 
jgeciired  under  the  convention  of  1818,  have  been  duly  brought  to  the 
[notiee  of  tiie  British  minister  at  this  capital,  and  I  have  also  sent  copies 
[of  tlicse  papers  to  the  United  States  minister  at  London,  with  instruc- 
Itioiis  that  the  contents  of  the  same  be  made  known  to  the  foreign  office 
[in  order  to  prevejit  any  further  violation  of  the  rights  of  our  citizens, 
land  that  notice  be  given  of  the  claim  hereafter  upon  the  Government  of 
[Great  Britain  for  all  loss  and  damage  to  the  vessels  in  question  and 
[tbeir  owners,  when  the  same  shall  have  been  ascertained,  by  reason  of 
[tills  unlawful  action  on  the  part  of  the  authorities  of  Newfoundland  and 
[Magualen  Islands. 
I  am,  &c., 

T.  F.  BAYARD. 


No.  98. 


Mr.  Woodbury  to  Mr.  Bayard, 

Boston,  Jxdy  30, 1886.  [Received  July  31.] 
SiE:  Herewith  is  transmitted  ^he  affidavit  of  the  crew  of  the  schooner 
pomas  F.  Bayard,  relative  to  her  having  been  forced  to  abandon  her 
(shing  voyage  on  the  northwest  coast  of  Newfoundland,  and  return 
pome,  in  consequehce  of  a  warning  that  she  would  be  seized  by  the 
pre  authorities  if  she  fished  or  bought  bait  within  the  three-mile  limit, 
Tliieb  has  been  transmitted  to  the  Department.  My  information  is  that 
ne  schooner  has  sailed  on  another  trip. 
I  aw,  &c., 

CHAS.  LEVI  WOODBURY. 


472 


RIGHTS   OF  AMERICAN   FISHERMEN. 


'  fincloanrc.l 

Affidavit  of  cap    In,  and  crew  of  achoomr  Thomas  l<\  Bayard. 
Commonwealth  of  Massaciiusktts,  Essex,  ss  : 

Gloucestku,  Juhj  29, 188 
We,  the  uiulersigned,  on  oatli  ilodaro  and  sny  tliat  we  wore  thpiiiImts  of  the  crew  I 
of  the  schooner  Thonian  F.  Bayard,  of  the  the  i)()it  of  Glouoo.ster,  on  the  frii)  that 
oommenced  June  15,  1886,  and  ended  Jnly  19.  Wo  entered  Port  Mul^rruvp,  anil  wn 
informed  that  we  had  a  riglit  to  fiHh  in  tlie  northwest  coast  of  NtnvfouiKliainl.  fl'e 
entered  Bonne  Bay  July  12,  and  wore  forbid  to  buy  bait  or  to  fish,  and  retiiruBd  home 
with  but  a  small  part  of  a  fare.  The  iishermen  at  Bonne  Bay  were  anxious  tfl  sel' 
bait  to  U8  if  we  could  buy.  Wo  know  the  fish  were  there,  aiid  if  wo  had  been  al- 
lowed to  buy  bait  and  to  fish  should  have  procured  a  full  fare. 

Alkx.  McDonald.  Angus  McDonald. 

James  Langley.  Petek  McAlpin. 

David  Campbell.  Eugene  Nickerson. 

his 
Milton  +  Atkins.  William  Atklvsos. 

mark, 
his  his 

John  -f  McNeil.  William  +  De  Cortk, 

mark.  v  mark. 

his 

John  Mc^acheun.  Daniel  +  McCormice, 

mflrk. 

Commonwealth  of  Massachusetts,  Ussex,  ss : 

Gloucester,  July  29, 1886. 

Personally  appeared  the  above-named  Alexander  McDonald,  Angus  McDonald,' 

James  Langley  Peter  McAlpin,  Daniel  CaTnyd)ell,  Eugene  Niekerson,  Milton  Atkins,] 

William  Atkinson,  John  McNeil,  William  Do  Corte,  John  McEachern,  and  Danielj 

McCormick,  and  ouoath  declared  the  above  statement  by  them  subscribed  tobetrrfl,! 

[L.  8.]  AARON  PARSONS, 

Notary  I'uhlk, 


No.  09. 


Mr.  Bayard  to  Mr.  Woodbury. 

Department  of  State, 
Washington,  July  31, 1886. 
Sir  :  I  beg  to  acknowledge  your  letter  of  yesterday  accompanied  by  I 
the  affidavit  of  Alexander  McDonald  and  eleven  others,  member.softlie| 
crew  of  the  schooner  Thomas  F.  Bayard,  of  Gloucester,  stating  tiiej 
refusal  of  the  local  officials  at  Bonne  Bay,  Newfoundland,  to  permit j 
fishing  or  the  purchase  of  bait  on  that  coast. 

The  subject  to  which  this  paper  relates  received  due  attention yesterj 
day,  as  you  were  advised. 


I  am,  &c., 


T.  F.  BATAKD, 


,  .  No.  100. 

Mr.  Presson  to  Mr.  Bayard. 
'         '    V       ■  Collector's  Office, 

Gloucester,  Mass.,  August  9, 1880.    [Received  August  11.] 
Sir  :  I  am  requested  to  forward  the  inclosed  affidavit  of  Capt  Daujfil 
McDonald  of  schooner  Hereward,  of  Gloucester,  in  regard  to  his  de- 
tention at  Cape  Canso,  Nova  Scotia,  July  2. 
Very  respectfully,  &c., 

.    D.  S.  PRESSON, 


RIGHTS   OP   AMERICAN   FISHERMEN.  473 

[Inclosiire.] 

AJJidavit  0/  Captain  MoDonald,  of  the  adwoner  Htreward. 

Gloucester,  Auyuat  (>,  1880. 

I,  Daniel  McDonald,  raastor  of  American  schooner  Hereward,  of  GlouceHtor,  do 

(lopo8«  fttul  *"i.v  :  That  I  wei.t  into  Capo  Canso,  N.  S.,  with  my  vesst^l,  on  the  afternoon 

i  (if  July  'i,  i""i  w'l't  *o  the  cuHtom-honso  and  reported.    One  of  my  crew  went  on 

nborp without  authority  and  failed  to  return  at  night;  some  of  the  crew  thought  ho 

bad  (It'scrtcil  iind  oiiji;aged  another  man  to  take  his  place  (all  without  any  authority 

fniin  me),  but  li j  returned  the  next  morning. 

The  next  morning  the  collector,  Mr.  Young,  came  on  hoard  and  denumded  my  papers 

I  (ohargiiif{  riio  with  shipping  a  man).     I  gave  them  to  him,  and  he  kept  them  imtil 

I  lu.iiO  o'eloek  that  eve,  when  he  returned  them  to  me.    As  I  was  all  ready  to  sail  that 

Boruing,  it  detained  the  vessel  two  (2)  days  in  that  port,  as  the  next  day  was  Suu- 

"^"  •  DANIEL  M'DONALD. 

I  Massachusetts,  Esseic,  ss: 

August  6, 1886. 
Personally  appeared  D.  McDonald,  and  made  oath  to  the  above. 
Befow  me. 

[L.  8.]  AARON  PARSONS, 

>  ■  Notary  Fublic. 


No.  101. 
Mr.  Presson  to  Mr.  Bayard. 

CusTOM-HoTjsE,  Gloucester,  Mass., 
Colleotor''s  Office,  August  10,  1886.    [Eeceived  August  11.] 
Sir:  In  reply  to  your  telegram  of  5th  instant  I  inclose  affidavits  of 
iCaptaiu  Cminiughain,  of  schooner  Rattler,  and  his  passenger  and  crew, 
[ill  relation  to  their  treatmeuu  at  Shelburne,  Nova  Scotia,  on  going  in 
Itliere  for  shelter  on  3d  instant.         .  ,:-..' 

Very  respectfully,  &c., 

D.  S.  PRESSON, 
,  Collector. 


llncloBure.] 
Affidavit  of  Captain  Cunningham,  of  the  schooner  Battler.  .      • 

I,  Aiignstns  F.  Cunningham,  master  of  the  schooner  Rattler,  of  Gloucester,  being 
ply  sworn,  do  depose  and  say :  That  on  Thursday,  July  8j  1886,  we  sailed  from  Glou- 
ster  on  <a  mackerel  cruise.  On  Tuesday  August  3d  (having  secured  a  fare  of  mack- 
pel  and  while  on  on  our  passage  home),  at  7  p.  m.,  the  wind  blowing  hard,  the  sea  be- 
Pg  rough,  and  our  vessel  being  deeply  loaded,  with  two  large  seine-boats  on  deck, 
>e  piit  into  the  harbor  of  Shelburne,  N.  S.,  for  shelter.  Just  inside  of  the  harbor  we 
►tre  brought  to  by  a  gun  tired  from  the  Canadian  cruiser  Terror,  Captain  Quigley, 
tad  came  to  anchor. 

I  Immediately  a  boat  from  the  Terror  came  alongside  and  its  commander,  Lieutenant 
P^iiMtt,  asked  why  we  were  in  the  harbor.  My  reply  waa,  "  For  shelter."  Then  tak- 
wtlie  name  of  our  vessel,  names  of  owner  and  captain,  where  from,  where  bound, 
T  '"'"■  uiauy  fish  we  had,  and  forbidding  any  of  the  crew  to  go  on  shore,  he  returned 
» tliB  Terror  for  further  instructions. 

i  Buarding  us  again,  after  a  lapse  of  perhaps  forty-five  minutes,  he  put  two  armed  men 

1  ijoard  of  us,  asked  for  our  crew-list,  and  said  if  I  remained  until  morning  I  must 

WW  at  the  custom-house,  but  if  I  conld  sail  in  the  night  to  tell  his  men  to  lire  a  re- 

h/l  n,  A  ^*^  would  be  sent  to  take  them  off.    At  12  o'clock  that  night,  preferring 

risk  the  dangers  of  the  sea  to  the  danger  of  seizure,  I  ordered  the  anchor  hove  short, 


474 


RIGHTS   OP   AMERICAN  FISHERMEN. 


tlic,  iniiiiiHiiil  lioiHlod  prcpanilory  to  Huiliug,  uud  told  ono  of  tho  TeiTor's  iiicji  tofin>.  1 
involvtM-,  wliich  ho  did.  , 

Unciiiviiig  no  reply,  and  seeing  no  Higu8  of  life  on  board  tho  Terror,  I  onlcrod  tljercmi. 
ver  to  he  flied  again.  This  bronght  a  boat  from  the  Terror,  conimunded  by  Firm  Lien! 
tenant  Bennett,  who  hoarded  my  Hchooner,  gaveeach  of  the  two  men  on  boardan  cxini ! 
revolver,  an<l  told  me  the  orders  of  Cai»tain  Qnigley  were,  that  I  Bhoiiid  not  liavniliel 
port  nntil  I  had  reported  to  tho  customs  officer  at  Shelburno.  Upon  riH;ei]it  of  thw  I 
orders  I  payed  out  tho  chain  and  lowered  the  mainsail.  The  boat  wont  back  to  tlw  I 
'icrror  and  iniinedialoly  returned  with  Captain  Quigley  on  board.  f 

Ho  denied  the  permission  given  me  by  his  first  oflicer  to  sail  in  tho  night  and  nr- 
•1»  rod  me  to  go  to  Shclbnrne  and  enter  and  clear  at  the  cnstom-houso  there. 

I  asked  him  how  1  should  go,  as  we  were  8  miles  distant  from  tho  custoni-liniwe 
His  reply  was,  "I  don't  care,  sir,  how  you  go;  but  you  must  go  there;  and  on  your  1 
return  sliow  your  clearance  to  me  or  suffer  tne  consequences."    He  toy  mo  my  vewi  I 
was  in  charge  of  his  two  men,  and  to  them  he  gave  these  orders: 

*'  Gunner,  you  will  allow  the  captain  to  proceed  to  Shelbume  with  the  vessel,  com  1 
to  anchor,  take  his  dory  and  two  men,  no  more,  and  go  on  shore  to  enter.    Allow  tiiem  j 
to  bring  nothing  off  in  their  dory ;  and  if  a  man  pnts  his  hand  on  the  wheel  to  go  to 
sea,  chop  his  arm  off  or  shoot  him.  as  the  case  may  require." 

1  asked  him  if  the  law  was  not  verj'^  strict  that  did  not  allow  a  vessel  arriving  at 
night  after  office  hours  to  proceed  before  da.ylight,  and  why  the  law  was  enforceil. 
He  replied,  it  was  to  prove  that  Canadian  harbors  were  a  benefit  to  American  fishcrnien, 

At  daylight  we  got  under  way  and  started  for  Shelbnrne,  and  Lieutenant  Bennett  j 
and  four  more  armed  men  came  on  board.  We  arrived  at  Shelburno  about  4.;f0  o'clock  i 
a.  m.  I  went  on  shore  with  Lieutenant  Bennett  and  his  boat's  crew,  woke  up  Colkctor! 
Atwood,  who,  after  inquiring  of  the  lieutenant  if  there  were  any  charges  against  nie, ' 
entered  and  cleared  the  vessel. 

On  my  return  to  the  vessel  the  lieutenant  requested  me  to  exhibit  my  clearance,! 
which  I  did,  and  we  were  then  allowed  to  depart.  I  would  state  th.at  wlien  we  tinitl 
entered  tho  harbor  of  Shelbnrne  a  Canadian  vessel  entered  jnst  ahead  of  us,  amis 
was  unmolested,  sailing  at  her  pleasure  during  the  night,  which  showed  plainly  tlutl 
an  Am  iM-ican  vessel  was  not  accorded  the  same  treatment  in  Canadian  ports  Maul 
Canadian  vessels,  although,  as  the  collector  at  Halifax  informed  mo  in  June  last,  t!i«j 
same  laws  applied  to  Canadian  vessels  as  to  American  vessels. 

During  the  whole  difficulty  my  language  was  respectful  and  I  quietly  submitted tol 
the  detention,  to  tho  sarcastic  language  and  overhearing  conduct  of  Captain  Quigley,  f 
but  I  deem  my  treatment  and  detention  severe  and  unjust  and  an  outrage  upon  tlioj 
international  courtesy  that  should  exist  between  two  friendly  nations. 

A.  F.  CUNNINGHAM. 

I,  Lawson  C.  Rich,  of  Canton,  N.  Y.,  a  passenger  on  board  schooner  Rattler  witJ 
Captain  Cunningham,  do  depose  and  say  that  the  above  statement  of  Captain  Cunniag[ 
ham  is  true  in  every  particular. 

LAWSON  CARTER  RICH. 

August  o,  1886. 
Rich  and  made  oath  to  the  trathl 


Massachusetts,  Essex,  sg  ; 

Personally  appeared  A.  F.  Cunningham  and  L.  C, 
of  tho  above  statement. 
Before  me. 


AARON  PARSONS, 

Notary  Pullk. 


We,  William  Bowie,  Frederick  Brooks,  Charles  Lowry,  Charles  Hart,  George  ViJ 
bert,  John  Hart,  John  Lowry,  Daniel  McLean,  Alexander  O'Neil,  James  Levange,  and 
Martin  Guthrie,  of  the  crew  of  schooner  Rattler,  do  depose  and  say  that  the  above 
statement  of  Captain  Cunningham  is  tree  in  every  particular. 

Wm.  F.owiB.  John  LowmK. 

,        .         Fred.  Brooks.  Dan.  McLean. 

;     ;         '    .ii     '^  ■■■,:■..■■.-..■  K:\':'-.i:. .!''■.         CHARLES  LOWRY.  ALEX.  O'NeIL. 

■'■^M  '•■r--i^      ',.,;;,\i      .,•-,.:-  ^'vN    =    ■     CHARLES  HaRT.  JaMES  LKVANCE. 

•     :  George  ViBERT.  Martin  Guthkib. 

"  John  G.  Hart. 

Massachusetts,  Essex,  ss:  „  ,„. 

'  '  August  10,  ISeC. 

Personally  appeared  the  above-named  persons,  crew  of  schooner  Rattler,  and  mi 
oath  to  the  truth  of  the  above. 
Before  me.  „„„. 

[L.  8.]  AARON  PARSONS, 

*•        ■"  Notary  M^. 


niOIITS   OP   AMERICAN   FISHERMEN.  47 f) 

No.  102. 

Mr.  Vroinon  to  Mr.  Bayard. 

CusTOM-HousE,  Gloucester,  Mass., 
Collectors  Office,  August  14,  1880.  [Received  August  1(5.] 
Siu;  I  inclose  affidav' t  of  Oapt.  Keubeii  Cameron,  of  scliooner  Golden 
Ininil  of  this  port,  who  was  forbidden  to  enter  the  harbor  of  Port  Dan- 
lids,  N,  S.,  for  w-ater.  Tliia  being  a  clear  violation  by  the  (Canadian 
[(ioveruineiit  of  the  treaty  of  1818,  I  respectfully  submit  the  case  for 
lyoiir  coiisiilerittion. 

Very  respectfully  yours,  &c., 

.     D.  S.  TRESSON, 

Golkctor. 


[Inclosure.l 

Affidavit  of  Captain  Cameron,  of  the  schooner  Golden  Hind. 

I,Eeul)en  Caincrou,  luuHter  of  tlio  Amorican  schooner  Golden  Hind,  of  Gloncester,  do 

jjeposeaml  say:  Tliat  we  sailed  fiom  Gloucester  .Tnly  '^,  18H6,  bonnd  to  the  Bay  of  St. 

Lwrencc,  on  a  fisthing  voyage.    That  on  or  about  Jnly  23,  being  out  of  water,  started  to 

koiiit"  the  I5ay  of  Chaloiirs  (Port  Daniel)  to  fill  water.    At  the  entrance  of  the  bay, 

|oiiri)rfivoniile8  from  land,  was  mot  by  the  Canadian  schooner  E.  F.  Conrad  ;  an  ottlcer 

aiueou  board,  took  my  name,  name  of  vessel,  tonnage,  name  of  owner,  «&c.,  and  or- 

jlered  me  not  to  go  into  Bay  of  Chaleurs.    Ho  also  fuwiishod  me  with  a  printed  '*  warn- 

V,"  with  tills  indorsement  written  thereon :  *'  Don't  ontfer  the  Bay  of  Chaleurs,  N.  S." 

Ifterthis  warning  I  put  to  sea,  and  was  obliged  to  go  across  to  Tiguish,  P.  E.  I.,  to 

ptaiii  a  supply  of  v.iitor  for  use  of  my  crew. 

This  delivyed  nie  at  least  a  week,  and  the  loss  of  at  least  a  good  trip  of  mackerel, 

tediiriu};  that  time  another  vessel  from  the  same  firm,  in  five  days,  ou  the  same  hsh- 

Ib!!  j;rouuds,  took  4G0  barrels  of  mackerel,  and  caused  a  loss  to  my  owners  of  at  least 

Ivetiionsand  dollars  ($5,000). 

REUBEN  CAMERON. 

Master. 


We,  tbe  undersigned,  a  part  of  the  crew  of  the  schooner  Golden  Hind,  do  depose 
Wl  say  that  the  above  statement  of  Captain  Cameron  is  true  in  every  particular. 

JAMES  A.  POWELL. 
.  GILBERT  SMITH. 

August  13, 1886. 
Iassachusetts,  Essex,  ss: 

[Personally  appeared  Reuben  Cameron,  James  A.  Powell,  and  Gilbert  Smith,  and 
pafle  oath  to  the  above. 

"ore  me. 
[[■"S]  .  >-  •  AARON  PARSONS,  N.  P. 


No.  103. 

Mr.  Bayard  to  Mr.  Bresson. 

Department  of  State, 
Washington,  Augtist  18, 1886. 
ISm:  In  reply  to  your  1  tter  of  the  14th  instant,  inclosing  affidavits  of 
enbeu  Cameron,  master  of  the  schooner  Golden  Hind,  setting  forth 
N  he  was  forbidden  by  officers  of  the  Canadian  Government  from  en- 


•I'T 


47(5 


RIGHTS   OF   AMERICAN   FiSTlEUMEN. 


teriii}?  tin'  liiirbor  of  I'ort  DsniicOs,  in  tlui  I'ay  of  (vliiilciirs,  lortlienqf  i 
pose  orobtiiiiiiiifj;  watiT,  siinl  that  ha  was  i^onipcIUMl  to  niaki!  ii  vovaje 
to  JMiiice  Edward's  Island  to  obtain  such  .supply,  involviiijr  uwcek'sde^ 
hiy  and  consequent  loss. 

I  have  to  inform  you  that  innncdiate  protest  against  this  infraction  of  I 
express  treaty  rijjhts  and  violation  of  the  rights  of  coininoti  liospitalitv ' 
has  becMi  made  by  inc  to  the  British  minister  at  this  capital,  and  udtj. 
llcation  given  to  him  that  claim  will  hereafter  be  made  upon  tlictJov.l 
ernment  of  (Jreat  ]iritain  for  all  loss  iiicurred  by  the  unwarranted  actio 
of  the  Canadian  ofiicials  above  stated. 

Earnest  request  was  also  made  that  orders  should  be  issued  fortlnviili  I 
to  iu<'vent  a  repetition  of  sucli  unlawful  and  unfriendly  conduct  towimlj  j 
our  vessels  engaged  in  lishing. 
I  am,  &c., 

T.  F.  I3ATAKD. 

D.  S.  Presson,  Esq., 

Collector,  Gloucester,  Mass. 


No.  104. 


Mr.  Bayard  to  Messrs.  Gushing  and  MoEcnney. 

Department  of  State, 
Washington,  August  19, 188(1, 

Gentlemen  :  Referring  to  your  complaint  of  the  3d  of  July  last,  conl 
cerning  the  detention  of  your  iishing  schooner  City  Point,  by  the  Ca[ 
nadian  authorities  at  the  i)ort  of  Shelburne,  Nova  Scotia,  wliich  was  at] 
once  communicated  to  the  British  minister  here,  I  have  to  inform  vouj 
that  her  Britannic  Majesty's  Government  has  made  rejdy,  allegin;;  tliatj 
the  master  of  the  City  Point  committed  a  breach  of  the  customs  lawsoff 
the  Dominion  by  not  reporting  to  the  customs  authorities,  and  by  land! 
ing  part  of  the  crew  and  luggage.  It  is  further  stated  that  the  vessel| 
in  question  was  subsequently  released  on  deposit  of  $400. 

It  appears  from  this  reply  that  no  charge  of  violating  the  flsbiuglaws, 
or  infringing  the  treaty  was  made  against  the  City  Point,  but  that  tbej 
sole  allegation  is  the  failure  of  her  master  to  observe  the  customs  re?  j 
ulations  api)licable  to  any  vessel  resorting  to  a  port  of  entry,  and  couiiiiuj 
nicating  with  the  shore. 

The  United  States  consul-general  at  Halifax  will  be  instructed  tol 
watch  the  case,  and,  in  the  event  of  the  penalty  being  affirmed,  to  ascerj 
tain  the  laws  and  regulations  on  which  such  judgment  rests. 
I  am,  &c., 

T.  F.  BAYAED. 


No.  105. 

Mr.  Woodbury  to  Mr.  Bayard. 
Boston,  October  12,  188G.    [Received  October  13,] 
Sir  :  Herewith  please  find  the  affidavits  of  Captain  Kemp,  of  tlii 
American  schooner  Pearl  Nelson;  Henry  Cook,  her  owner;  WilliM 
Babino,  cook  and  steward ;  M.  N.  Giftbni,  cashier  of  bank,  relative  I 


BIGHTS   OV   AMKIUCAN   FISHERMEN. 


477 


hbe  detention  of  tliut  schooner  at  Aricluit,  and  the  exaction  of  a  diiposit 

lof|2(X)  by  tlio  authorities  an  the  (londitiou  for  her  reh>a.se.     What  stat- 

Lj,,. jjlm  liiid  violated,  if  any,  tlioso  interested  in  hor  have  been  nnr.hhi 

todiscovor.    Tlie  oidy  charj^e  made  was  that  a  part  of  her  crew  ha<l 

one  ashore  in  the  ni^ht  and  returned  in  the  uiorniii};. 

The  parties  interested  in  her,  believinpf  that  the  exaction  referred  to 

hiiHiii  violation  of  law,  and  of  their  rij;hts  as  American  citizens  in  call- 

[in''at  tlio  jMiit  of  a  friendly  nation,  in  stress  of  weather,  respectfully 

[drsire  the  protection  of  the  United  Htates,  and  that  the  danuiges  which 

lliiivc  iirisen  to  tlieni  b.v  the  illegal  seizure,  detention,  and  exaction  may 

1k' leiinlturml  to  them. 

I  have  the  honor,  &c., 

ClIAS.  LEVI  WOODBURY. 
Pr.  OWNER. 

'.  S.-Tlio  owners  have  transmitted  dui)licates  of  these  aflidavits  to 
!  consul  at  Halifax,  for  use  before  the  Ottawa  authorities,  for  remis- 

Igion. 


lInclo8ure  Ko.  1.] 

AffldaHt  of  Captain  Kemp,  of  the  schooner  Pearl  Nelson. 

fEAni.  Nelson,  U.  S.  A., 

District  of  Massaehusetta :  * 

I,  Munlock  Kemp,  of  Provincohiwii,  in  Massachusetts,  a  citizen  of  the  United  States, 
JDiiiuyimtii  doHJiy:  That  I  was  master  and  part  owner  of  the  schooner  I'carl  Nelson, 

iviwlof  the  Uiiiteil  States  dnly  licensed ,  188(5,  for  the  iisheries,  and  holding  u 

leriiiit  to  touch  iiiid  trade  during  the  existence  of  said  license. 

I  furtlior  nay  that  the  crew  of  said  vessel  were  shipi)edon  wages  at  Provincetown 

I  liostdu  for  a  tishing  voyage  to  the  Grand  Banks,  and  return  to  Provincetown  for 

Bisilmrgo.    Said  schooner,  with  license  and  pertnit  as  aforesaid,  sailed  May  29,  188H, 

Niil'iovincetown,  and  in  horpassagt*  home  touched  at  Arichat,  Cape  Breton,  driven 

^n tliere  liy  stress  of  weather.    Sailed  by  the  wind  from  Bank  Quero,  and  blowing 

ifsli  a  heavy  sea  running  and  foggy,  made  Point  Michanx,  'J  miles  from  Arichat. 

ho  vessel  was  deep;  her  dories  floated  on  deck  in  her  lee  waist;  wind  being  about 

«est  I  concluded  to  make  a  harbor  and  wait  for  better  weather  and  wind.    I  an- 

Imrert  the  vessel  in  Arichat  Harbor  at  11  p.  m.,  September  7,  188C.    I  had  lost  a 

jiau  on  the  Grand  Banks,  named  James  Sampson,  who  belonged  to  Arichat,  and 

I  wanted  to  laud  his  effects,  if  the  customs  ollicers  would  allow  mo  to.     Some  of  my 

fcrew  belouged  in  that  neighborhood.    William  Babino,  my  cook,  and  nine  others 

jf  the  crew  took  boats  off  the  deck  and  went  ashore  without  asking  my  ])ermis8ion. 

jsiiw  thoiD,  but  had  never  known  that  was  any  objection.     I  had  been  in  this  and 

kilier  British  North  American  ports  frequently,  and  witnessed  the  landing  from  my 

piiaud  other  vessels'  crews,  but  never  before  heard  such  landing  was  illegal  or  im- 

ro|icr.  These  men  took  nothing  from  the  vessel  with  them  nor  carried  away  any- 

fUmg  but  the  clothes  they  wore. 

Krnm  the  tiuio  I  left  Provincetown  I  had  been  into  no  port  any  where.     Next 

purniiij;,  after  my  arrival  in  Arichat,  at  8^  o'clock,  I  went  ashore  to  enter  at  the 

tiistonihmise,  uiul  found  it  closed.     I  called  at  9  o'clock  and  it  was  not  open.     I 

fm  U'^m  at  1  o'clock,  and  found  tho  collector  opening  the  office  door.    I  made  the 

toiliH' inward  report  to  him,  and  requested  permission  to  land  the  clothes  of  James 

^iiipsnn,  wlio  lad  been  lost  from  my  vessel  on  the  Grand  Banks.     He  told  me  ho  had 

rat  a  man  I'ur  me.    After  I  got  there  this  man  came  in.     Tho  otlicer  was  holding  my 

a|im  and  told  the  man  to  go  back  and  take  charge  of  tho  vessel.    I  asked  him  why 

slu'W  my  papers ;  he  replied,  ho  seized  her  because  I  had  allowed  my  men  to  go 

fshore before  reporting  at  the  custom-house;  that  all  ho  would  tell  me' wtus,  he  said 

Ic  would  telogriiph  to  Ottawa  and  lind  out  what  to  do  with  mo ;  and  he  did  telegraph 

pniediately,  About  5  o'clock  p,  m.  the  collector  received  an  answer,  and  told  me  to  de- 

pit  j'200  and  the  vessel  would  be  released.    Tho  collector  would  not  allow  nie  to 

m  this  dead  num's  clothes  nntil  after  I  had  paid  the  $:iOO  fine.     I  gave  tho  clothes 

j''""""l'-kecper  to  be  given  to  Sampson's  widow  or  friends.     I  came  ont  of  Arichat 

Mat  U  a.  m.  on  tho  8th  of  September,  1886,  having  bought  thei-e  one  bushel  of  po- 

Ptocs  with  the  collector's  permit  and  arrived  at  Pr oviucetown  Septoiuber  14,  18b6.    I 


47H 


UI0HT8   OF   AMERICAN   FIHHKUMEN. 


mtilod  from  Aridint  with  nil  my  crow  on  board  and  Imd  not  at  any  timn  intendt'du 
loiivc  liny  of  my  crow  ut  that  jiort.  Thoy  wcro  hin-d  men  Hhipped  to  \»\  ('.iHrliarwdn 
roturn  at  I'rovinrotown,  and  on  onr  arrival  tlioro  woro  all  paid  off  and  iliHcliiiriri-d  ' 

Honioof  tlio  (TOW  that  went  aHhoro  at  Aricjliat  rotnrn<Hl  ahoard  fWfaily  iwTiAUl 
and  all  woro  aboard  abont  tho  tinift  tho  vcssol  was  Hoizcd.  I  fjavo  tlioiii  noilioii*  I 
f  lnTi',  and  had  nono  inysclC.  1  furtlnT  say  I  di<l  r.ot  ontor  Arichat  with  any  iiil«ntio!| 
of  violating?  any  law  of  Uio  Dominion  of  Conad  >,,  nor  for  any  buHUinsH, hut  «)lg|j|^| 
cauHo  of  tho  HtrnHH  of  woatln.'  that  had  drivon  nio  thcTo.  It  was  nicnt  kindDMl 
only  that  jtromittrd  mo  to  ofl'or  to  land  Sampson'H  clothes  there  wlioro  his  friiDiiiI 
conUI  got  thom.  There  was  no  prolit  to  tho  veHsel,  ennv,  or  myHelf  expected  IqiqI 
iloinjj,  or  attempted  to  be  jjained  in  entering  the  jiort  of  Arichat,  other  than  sheli«| 
<ioni  MtreHH  of  weather  we  hail  been  nnder  from  Qn.ro  Bank.  ] 

If  any  revenne  law  of  Canada  waH  viol  vted  by  my  vohmoI  or  by  myself  tho  HanifWi,! 
(hnie  throngh  ignorance  and  inadvertence,  and  not  with  any  intention  todofrumiiiiJ 
ruvenuo  or  offend  tho  law. 

MURDOCK  KEMP, 


PerHonally  appeared  before  nie  Mnrdoek  Kemp,  at  Proviucetown,  State  of  Mm».| 
chnsottH,  United  States  of  America,  tliiH  liTtli  day  of  September,  188G,  who  subitctiwl 
and  nm<le  oath  to  tho  for>-going. 

[SKAI-.]  JAMES  GIFFORD, 

Notary  Mk. 


[Inolosuro  No.  3.] 
Affidavit  of  Henry  Cook,  mvvor  of  the  schooner  Pearl  Nehon, 

Personally  appeared  before  mo,  James  Gifford,  depnty  collector  of  custoius  at tbfl 
port  of  Provincotown,  in  tlie  District  of  Barnstablo  and  State  of  Massachusetts, thiil 
'ifith  day  of  September,  1886,  Henry  Coolt,  of  said  Provincetown,  who,  beiug  by  me  J 
dnly  sworn,  deposes  and  says  that  he  is  a  citizen  of  the  United  Stales  of  Aiueriia.aj 
resident  of  said  Provincotown,  and  managing  owner  of  the  schooner  Pearl  Nclsnn,! 
of  Provincetown,  of  which  Mnrdoek  Kemp  was  master  dnring  a  tishiug  voyaKitol 
tho  Grand  Banks  of  Newfoandland,  and  which  terminated  on  the  14th  day  of  thiil 
month  by  tho  arrival  of  said  vessel  at  this  port.  I 

The  affiant  fnrthor  deposes  that  [previonsf]  to  tho  sailing  of  said  vessol  to  tho  (iraiid  I 
Banks  he  gave  explicit  instrnctious  to  Captain  Kemp,  as  ho  also  did  to  five  othcrtDas-l 
tors  of  Bank  tishing  vessels,  to  not  enter  any  Canadian  port  on  said  voyage,  going  to  I 
or  coming  from  said  lishing  banks,  nnless  compelled  to  enter  by  disaster  to  tliovewll 
or  by  stress  of  weather ;  and  hence  tho  nnisters  were  not  supplied  with  any  funds  f;rj 
themselves  or  their  crews,  nor  anthorizcd  to  draw  drafts  on  mo  for  payuiont  of  crewil 
wages,  or  for  any  purpose  but  for  repairs  in  case  of  meeting  with  serious  disaster.   I 

Ho  also  deposes  that  tho  crew  of  said  vessel  Pearl  Nelson  consisted  of  fifteen  menl 
besides  Captain  Kemp ;  that  flvo  of  them,  viz,  Cyprian  Briand,  Henry  Bridiid,  E«ii»j 

Cardo,  John  McDonald,  and  William  Babiuo were  shipjjed  in  Frovmcfr I 

town,  and  the  l)alanco,  viz,  Alexander  Cardo,  William  Bondrot,  Albert  Robin,  Andrew  I 
Frazer,  Jeffrey  Landry,  Henry  Duong,  Henry  Sampson,  Alfred  Langley,  E.  II.  C.  Lisboi,  I 
Duncan  McRae,  and  James  Sampson,  wore  shipped  in  Boston,  and  were  engagedwl 
return  directly  to  this  port  from  the  Grand  Banks  at  tho  end  of  the  voyage;  and  thai  I 
excepting  James  Sampson,  who  was  reported  by  Captain  Komi)  as  lost  on  said  banks, I 
they  did  return  to  Provincotown,  and  wore  discharged  hero,  and  paid  each  one  by  I 
draft  on  the  First  National  Bank  of  Provincetown,  which  are  now  on  file  in  etid I 
bank.  I 

Tho  affiant  declares  that  if  Captain  Kemp  violated  any  law  of  Canada  in  witerui?! 
Arichat  on  tho  7th  of  September,  188G,  he  did  it  nnwititingly,  and  that  the  afflamj 
feels  that  tho  collection  of  tho  $'.'00  fine  impo,sed  upon  tho  Pearl  Nelson  is  iinwar-r 
ranted  by  the  circumstances  under  which  tho  entry  into  that  port  was  made. 

HENRY  COOK. 


•    .  ^-"     ;i  ;    >*  .'•      '•      [InoloanrelTo.  3.]  •  '  .  , 

,.,;.;.    .,     ,         Affidavit  of  Willaim  BaUno,  cook  of  the  Pearl  Nehon. 

Personally  a))peared  beforeme,  James  Gifford,  depnty  collector  of  customs  oftlieporti 
of  Provincetown,  district  of  Barnstable  and  Str.to  of  Massachusetts,  this  27th  dayoi 
of  September,  1886,  William  Babino,  who,  being  by  mo  duly  sworn,  deposes  and  wyif 


RIGHTS'  OF   AMKRICAN   FISHERMEN. 


470 


<>(«  intendodu] 
I  ''.inchargfdo,! 
•liHcliiir(f(Ni. 

rl.viui7o"d(Kk,| 

1  imy  intentim  j 

I,  l>lltH()l«|y|,^| 

ineru  kindn(«| 

expected  inn| 
:or  than  shtlt«| 

If  the  name  «ai I 
I  todofrauiltlKl 

OCK  KKMP. 


State  of  Ma»| 
who  HubDctiMl 

FFORD, 
Notary  i'uilic, 


:*  cnBtoiusatthel 
SHachusett!i,tliil 
10,  heiug  by  Die  I 
!8  of  America,* I 
)!•  Pearl  Nelson,! 
«biug  voyage  lol 
[4  th  day  of  thiil 

;sel  to  the  Graod I 

five  othcrmu-l 

oyage.Komgtoj 

Itertotlioveiwll 

h  any  fumls  (;t| 

|ymentofcre»'s| 

oiiH  disaster. 

[l  of  fifteen  ineij 

,  Ikiaiul,  Keoiiej 

[umI  in  ProvinM-j 

Kobin,  Andrew  I 

E.U.C.Li8l)oi,J 

ero  engaged  to  I 

lyage;  andthjij 

ou  said  banks, ! 

id  each  one  bv  I 

on  file  in  s»iiij 

lida  in  mtcim 
Ibat  the  affiiuiij 
Klson  is  unw»t-f 
Is  made. 
INRY  COOK. 


loinsofthepottl 
|iis:^7thdayo(l 
[■posesandMyil 


hllicitervtMl  as  <'<»<>k  <"'  the  Bchooiu^r  Pcuil  Ni'luon,  of  I'ioviiii'<!to\vii,  of  which  Miir 

y'  li |^,,„ip  was iiiaHtor,  (luring  a  llHhin^  voyaj^o  to  the  nrund  HimkHof  N<nvfoun(lhniA 

k  ilri'tiirii  to  IIhh  port  till)  preHtMit  tiHhiugHoaHon ;  that  h«  Hhippt-d  in  Niiid  vt'NHol  in  Hoh- 

fe  II  Slati'of  MasMuoliimuttH,  to  bo  diHchitixed  iu  Provitu-otowti,  in  Hiiid  State;  tliat  on 

II  liiiiiicwiiid  |iaMMiin<t  to  thiH  port  tin-  Huid  vt'Hsol  tuicoiintortHl  ii  Ht ronj;  hciid  wind  with 

lieavv  wa  iuhI  a  tliick  f»»K,  and  wliilo  otFtho  (!OuHt  of  Capo  llrtton,  N.  M.,  tho  wind 

pHiiig  still  ahi'i.d  with  tho  Hoa,  and  tlio  veMuel  making  Imt  litth^  hcatlway  towanlH  her 

Mination,  t'itptiiin  K«uip,  without  boforo  oxprcHHin).;  any  iiiKMirion  to  rnn  for  that 

larbor.  sailed  her  into  Arichat,  N.  8.    Arriving  thoro  ubout  11  o'clock  on  tho  nij^lit  of 

jfptenibt'r  7,  If^t'i  i"<l  liavinjj  auchort'd  tlic  vchmoI,  tho  alllant  and  nino  othcrMt>f  tlio 

Itrfwleft  the  vi'ssol  an<l  went  aHhore,  whore  he  ami  tlioothtTH  rciniiincil  tlie  rcHt  of 

Cbeiiigtit  without  pennisHion  of  thocnptain.     VVo  returned  to  tho  vcHMel  the  t'oHowin^ 

VdraiiiL',  ami  about  10  o'clock  that  forenoon  a  flUHtonm  otllcer  canio  aboard  the  I'oarl 

■fNiaud  sc./cd  lier  hooauso,  aH  ho  declared,  the  nioii  liad  landed  before  the  vohsoI 

liM npcrti'd  to  tho  cuHtom-liouHo  ;  that  after  the  captain  had  ])aid  a  tine  of  $'JUO  tho 

liessflwa.s  next  day  released,  and  Hi'ilod  with  all  lier  crew  on  l)onni  for  this  port, 

biiere  they  arrived  Soptomher  14,  188(5,  and  wore  hero  all  paid  oil'  iu  full  and  dis- 


Tbe  affiant  further  doposos  he  had  not  prior  to  tho  night  cf  ontorlng  Arichat 
leariltbe  captain  Hay  anything  about  entering  thero  either  for  tho  purpose  of  land- 
liiK  t'le  ciotiieii  and  personal  oftocts  of  JainoH  Sanipson,  ore  of  the  crew,  who  liad  been 
list  on  the  Grand  Banks,  and  belonged  to  Arichat,  or  near  there,  nor  lor  any  other  ob- 

tti. 

He  iiIdo  deposes  that  neither  he,  nor,  as  he  believos,  neither  of  theO  uicn  who  landed 
iiih  the  affiant,  took  with  them  any  goods  or  ritfectH  wh  itevor  aslioro,  nor  had  he  or 
liny  any  knowledge  or  suspicion  th-it  thoir  landing  was  in  violation  of  any  law  or 
V'uiution  of  the  Dominion  of  Canada. 

WILLIAM  ^'"'NO. 


I  [SEAL.] 


JAMES  GIFFORD, 
Deputy  Collector  of  Cutitomt. 


Personally  a,)poared  before  me  James  Gifford,  deputy  collector  of  tho  port  of 
•roviiic^town,  disti  t  of  Barnstable  and  State  of  Massachusotts,  at  said  Province- 
^itu,  this  27th  day  of  September,  188(5,  Moses  N.  Gitl'ord,  cashier  of  tho  First  Nat'onal 
in  Provincotown  aforesaid,  and  who  being  by  nie  duly  sworn,  doposob  and 
kys  that  ho  paid,  on  the  orders  or  chocks  of  H.  &,  S.  Cook,  a  firm  composed  of 
liury  Cook  and  Sylvanns  Cook,  of  this  place,  merchants  and  owners  of  fishing  ves- 
kls,  the  loUowiDg-namod  persons  the  following  sums  to — 


lenrySampsan $73  79 

jlexander  Cardo 113  70 

Mrey  Landry 11.^  r)2 

lyprianBriand ..  17195 

pimio  Cardo 80  44 

illiam  Robin 170  80 

iliredLangley 77  42 


Henrv  Duong $98  32 

Emygdio  A.  C.  Lisboa 118  19 

Duncan  McRae 97  40 

Albert  Robin 122  26 

William  Boudrot 119  44 

Henry  Briand 133  08 

Andrew  Frazor 117  70 


ithe  15th  of  September,  1886,  and  that  names  of  the  perso.'is  tlnis  paid  all  appear  aa 
wvoii  tho  shipping  articles  of  the  schooner  Pearl  Nelson,  of  Provincetowu,  signed 
lythem  at  Provincotown  and  Boston,  iu  May,  1880,  as  appears  by  said  articles. 

MOSES  N.  GIFFORD, 

Cashier. 


[seal] 


JAMES  GIFFORD, 
Deputy  Collector  of  Customs. 


:  -^''      No.  106. 
Mr.  i  aycrd  to  Mr.  Woodbury. 

Department  of  State, 
Washington,  October  15, 1886.    ' 
[Sir :  I  have  your  letter  of  the  12tli  instant,  accompanied  by  sundry 
Duavits,  statinj;  the  deposit  of  $200  by  tbe  ntaster  of  the  American 
«g  schooner  Pearl  Nelson,  under  the  compulsion  of  the  customs 


480 


EIGHTS   OF   AMERICAN   FISHERMEN. 


ofiicrvs  at  tlio  port  of  Arichat,  Cape  Breton,  tbe  grouDd  aliwfd  u 
tbis  action  by  tbe  oScials  at  Arichat  being  tbe  unlawful  landing  of  ty 
crew  of  tbe  Pearl  Nelson  before  reporting  at  tbe  custom-house.  1 
Tbe  case  will  be  presented  to  the  British  niinister  ^t  tbiscapiu 
and  notification  given  to  him  Uiat  compensation  will  be  demauded  f™ 
violation  of  the  treaty  privileges,  should  tb^  British  Governinent  k 
found  liable  for  bieacb  of  interuatiou'-d  duty  on  examination  of  thelai 
and  facts.  ,;-    .       .    - 

Your  obedient  servant, 

'  T.  F.  BAYARD. 


ii;W.' 


No.  107. 

Mr.  Steele  to  Mr.  Bayard. 

Gi-OircFSTER,  MASS.,  October  18, 1886.    [Eeceived  Oct.  20,] 

Sir:  Tbe  season  is  apt  aching  when  American  vessels  have  beeJ 
rtccustoniod  to  buy  herrin,,  at  the  Grand  Manan  Island  and  viciDitTj 
and  bring  them  to  Boston,  Gloucester,  New  Y'ork,  and  riiiladelpliiii.' 

The  present  position  of  the  DouKuion  Government  as  to  that  trad^ 
concerns  our  interests  greatly,  and  the  flsh  trade  desire  to  be  inibriD& 
whether  that  Government  now  considers  tbe  purchase  ot  herring : 
ojieu  to  American  vessels,  either  when  registered  or  licensed,  wlthperj 
mit  to  trade. 

We  do  not  wish  to  explore  their  power  of  seizing  or  detaining  thm 
vessels,  or  of  inliicting  tinc^.  If  they  object  to  our  vessels  continuing 
in  that  business,  we  prefer  to  keep  away  from  those  shores  until  thel 
Dominion  Government  is  better  advised. 

1  apply  to  you  for  tbis  information,  which  our  merchants  need,  because! 
I  know  of  no  other  mode  of  obtaining  it  in  a  reliable  shape. 


I  am,  &c. 


■       GEO.  STEELE, 
President  American  Fishery  Union. 


P.  S. — This  trade  in  winter  herring  has  been  carried  on  in  ourvesseijj 
almost  exclusively  for  many  years,  and  fifty  or  a  hundred  cargos  conje] 
in  usually  during  the  fall,  winter,  and  spring. 

They  are  largely  consumed  as  food,  and  to  some  extent  used  as  kitj 
in  our  winter  fishing  to  Georges  and  the  Banks. 

It  is  very  rare  for  a  British  vessel  to  bring  herring  to  our  port*. 


No.  108.  ^    ^   ' 

,    ^     Mr.  Bayard  to  Mr.  Steele. 

,  ....      r   ,u     Department  of  State, 

_         .^.^..--  .,- Wa:ihinrton,Ocioh>'20,im. 

SiE:  I  have  just  received  your  letter  of  the  18th  instai;f,  inquiring « 
me  wheth' .  American  fishing  vessels,  registered  as  such,  and  furnishedl 
with  license  to  touch  and  trade  in  foreign  ports,  can  proceed  to  Cana-j 
dian  ports,  there  to  purchase  and  bring  home  cargoes  of  liernng,  w*  • 
out  danger  of  molestation  by  the  local  authorities  of  th*:  lyomiuion. 


leouutries,  as 


RIGHTS    OF    AMERICAN    FISHERMEN. 


481 


ilELE, 

Union. 


As  vou  are  well  aware,  a  coustruction  has  been  placed  by  tLe  Do- 
Iminion  aatborities  upon  the  language  of  the  treaty  of  1818  between  the 
[united  States  and  Great  Britain  under  which  they  have  assuzned  to 
lexcliule  American  fishing  vessels  from  enLrance  into  certain  described 
f  ♦erritorial  waters  of  Canada  for  any  other  than  the  three  objects  in  the 
ttreatv  mentioned  -  shelter,  repairs,  and  to  obtain  wood  and  water — aud 
[liave  insisted  that  the  words  "  and  for  no  other  purpose  whatever"  were 
[to  be  rigidly  enforced  according  to  the  strict  letter. 

This  positiou,  I  need  not  say  to  you,  is  not  accepted  by  the  United 
ISiates,  but  is  repelled  and  denied,  and  that  thi^i  Department  is  now  en- 
ideavoring  to  secure  such  a  joint  interpretation  of  the  treaty  in  question, 
Icoiisideied  in  connection  with  the  subsequent  legislation  by  GreatBritaiu 
laDdtbe  United  States  creating  commercial  rights  in  the  citizens  of  both 
iwuiitritvs,  as  will  enable  our  vessels,  whether  engaged  in  fishing  or  not, 
Ito  enter  tbe  established  ports  of  entry  of  British  North  America  and 
liinreiiase  lawfnl  merchandise  of  any  character  in  open  market. 

Tbe  United  States  have  no  diplomatic  intercourse  with  Canada,  but 
Stomluct  all  such  matters  directly  with  the  imperial  Government,  through 
Its  minister  at  this  capital  or  through  our  own  minister  at  St.  James. 
This  rrtates  circumlocution  and  delay  which  is  unavoidable. 
It  is  my  object  to  relieve  the  question  of  the  rights  of  our  fishermen 
0111  all  uncertainty,,  and  to  obtain  such  a  conceded,  unambiguous,  and 
Clear 'lefinition  of  their  rights  and  duties  in  Canadian  ports  and  waters 
b  will  enable  them  to  pursue  their  )egitimat43  business  with  certainty, 
Jndin  this  duly  I  an  now  engaged. 
It  would  be  well  for  you  to  state  whether  the  vessels  so  sent  to  pur- 
base  herring  arc  to  be  manned  and  fitted  out  so  as  to  be  able  to  take 
Ish  or  to  trade  only. 

Wli"ii  1  have  received  your  answer  on  the  last  point  I  will  at  once 
l^ideavor  to  obtain  a  plain  response  to  your  reasonable  question,  and 
I  communicate  a  reply  at  the  earliest  i^racticable  moment. 
Respectfully,  &c., 

T.  F.  BAYARD. 


sed  as  bait| 
lortii. 


20, 18S6. 
iquiriiigofj 
I  furnishedj 
to  Cana-I 
ing,  f  itii-f 
QJuion. 


No.  109.  '  ■    .    " 

Mr.  Steele  to  Mr.  Bayard.  •  -  ' 

{iLOUCEbTEE,  Mass.,  October  25, 188G.    [Received  Oct.  27.J 

i  SiK:  I  havo  the  pleasure  to  iicknowludge  the  receipt  of  your  hitter 

Pted  Octobor  20, 

piy  original  inquiry  referred  both  to  vessels  und<ir  license  and  to 

|ose  sailing  under  a  register.    Your  letter  satisfies  the  inquiry  as  to 

p  licensed  for  the  fisheries. 

1  "0  still  desire  to  be  informed  «8  to  whether  vessels  under  registry 

T the  United  States  will  be  allowed  to  enter  it  Grand  Manan  and  other 

jirts,  and  load  and  export  herring  to  the  United  States. 

Jbuch  vessels  will  bo  manned  by  a  sailing  crew,  on  wag'js,  anri  not  by 

iMing  complement  of  sharetcen,  nor  will  they  carry  the  fishing  gear 

m  such  vessels  use  when  fishing  under  a  fishing  license. 

J-lie  fishing  interests,  I  assure  you,  appreciate  the  courtesy  of  your 

»r  to  procure  this  information  seasonably  for  them. 
1  reiDuin,  &o., 

GEO.  STEELE, 
I' resident  of  the  American  Fishery  Union. 

3.  Ex.  113 31 


'  i)-5-*h 


IV.-EXTENSION  OF  CERTAIN  FISHING  RIGHTS  UNDER  THl] 

TREATY  OF  WASHINGTON. 


No.  110. 


[  Senate  Ex.  Du«.  Ko.  82,  Forty-nintb  CongroHS,  first  scgRiou.J 

MESSAGE  FROM  THE  PRESIDENT  OF  THE  VNITED  STATES,  TUAWml 
j'nva,  /iV  RESPONSE  TO  SENATE  RESOLUTION  OF  o  AN  VARY  ■,,  l.*| 
INFORMATION  RELATIVE  TO   THE  EXTENSION  OF  CERTAIN  FlklSti 
RIGHTS  UNDER  THE  TREATY  OF  WASHINGTON. 

Jakuauv  12, 1880.— Head  and  referred  to  tlie  Cammittco  oo  foreign  Kelationa  and  ordered  to  i)«|irinlrt  I 

To  the  Senate:  "        . 

I  tratiismit  herewith,  in  response  to  a  resolution  of  the  Swiateof  I 
5th  instant,  a  report  of  the  Secretary  of  State  containing  all  tliiMunH 
spondeuceand  information  in  thecustody  of  his  Department  rchitivt.' to 
the  extension  of  certain  fishing  rights  and  privileges  under  the  treaivl 
of  Washington  from  July  1,  1885,  to  January  1,  188(). 

GROVEE  CLEVELAND, 
Executive  Mansion, 

Washington,  January  12,  1886. 


To  tho  President: 

In  compliance  with  the  resolution  of  the  Siuuite  of  January  5, 1881 
I  herewith  transmit  a  copy  of  all  the  corresi)ondence  between  tbis  M 
partmentaud  the  representative  of  the  Government  of  Great  Britain  il 
relation  to  the  extension  of  certain  fishing  rights  and  privilej^es  undcf 
the  treaty  of  Washington  from  July  1,  1885,  to  January  1, 11S8<'>. 

Ah  part  of  this  transaction  the  following  paragraph  of  your  late  uies 
sage  to  Congress  seems  appropriate  for  consideration  in  coiuiection  wit| 
the  correspondence: 

Tbo  termination  of  tho  fishing  c'lansea  of  the  treaty  of  Wasbinston,  iu  piiwiiaiij 
of  tho  joint  rosoliitiou  of  March  '3, 1883,  must  have  resulted  in  tho  abrupt  te»8alioiil 
tho  Istof  July  of  this  year,  iu  the  midst  of  their  ventures,  of  tbo  oiieratious  of  dtufj 
of  the  United  States  engajjcd  in  fis'iiug  in  British  American  watta's,  Imt  for  adw 
matic  understanding  reached  with  Her  Majesty's  (>overnnieut  in  Juno  last,  wIhtoI 
assurance  was  obtained  that  no  iiiterrnpti'm  of  those  operations  slionld  takepii^ 
during  the  current  fishing  season. 

Iu  tbo  interest  of  good  uoighborhood  and  of  tho  commercial  iutorcoiirseofadjat'fl 
communities,  the  question  of  North  Americafi  fisheries  is  one  of  iiuitli  iiii|iorfaiiq 
Following  out  the  intimation  given  by  mo  when  the  exteusory  arrangoiMt'iiral>o>'j 
scribed  was  negotiated,  i  recommend  that  the  Congress  jirovitlo  for  tbo  apiniintuj' 
of  a  commission,  in  wh>ch  the  Governments  of  the  United  States  nud  GrciitBriH 
shall  bo  respectively  represented,  charged  with  the  consideration  and  syttlnuieu'' "PI 
a  just,  equitable,  and  honorable  basis,  of  the  entire  question  of  the  iIhIiIur  rigniij 
the  two  Goverumer  ts  and  their  respoctivo  citizens  on  the  coasts  of  tlio  United  oi'" 
482 


RIGHTS   OF   AMERICAN   FISHERMEN. 


483 


DER  THE 


L|i British  North  America.  The  fishing  interests  being  intimately  related  to  other 
Keuiralqiu'stioDS  dependent  upon  contiguity  and  intercourse,  consideration  thereof, 
Ifuailtbtir  equities,  might  also  properly  come  within  tho  purview  of  such  a  commis- 
lii'  II,  iind  the  fullest  latitude  of  expresaion  on  both  sides  should  bo  permittiod. 

lii'Si)ectl'iilly  submitted. 

•  '     T.  F.  BAYARD. 

Department  of  State,  ;  '     •  •  ' 

January  12,  1886.  7 


AiiKEEMENT  BETWEEN  THE   UNITED  STATES  AND  GREAT  BRITAIN  RE- 
SPECTING THE  FISHERIES.    CONCLUDED  JUNE  22,  1885. 

NOTICE. 


,  TRASsmn 

ARY  fi,  l'!«,| 


I'lltok'iiralt^l 


MM  I  ate  of  tlw| 
all  the  corre- 
lit  relative  to! 
lor  the  treatj! 

VELAUD, 


iiiary  <'»,  ^^ 
iwecii  this  ^ 
Uit  Britain  i 
lvik'{:e8  uiul«| 

188t'. 
•bur  late  «ie< 
[miection  wil 

1)11,  ill  piiffiianj 
Tii,it  eessationi 
litioiiaiifi''''"! 
rimt  foratliPj 
lio  last,  wM 
[ivoiiltl  takeri«j 

|)iirse  i>n'<li '"■'■', 
lucU  iiuii'irtanfl 
Iroim'iitnl"'^'^'^ 

rtbe  apV"'"""; 
lid  Grcut  lln" 
rBettleuiei't.«P" 

llWiitiS'"'0 
llio  United  «"^ 


By  direction  of  tbo  President,  the  nndersigued,  Secretary  of  State, 

lerel.y  makes  known  to  all  whom  it  may  concern  that  a  temporary 

Biploiiiatic  njjrcement  has  been  entered  into  between  the  Government 

ftlie United  States  and  the  Government  of  Iler  Britannic  .Majesty  in 

Mm  to  tlie  lisiiinj*'  privilejjes  which  were  granted  by  tlie  fishery 

pauses  of  the  treaty  between  the  United  States  and  Great  Britain  of 

Bays,  1871,  whereby  the  privilege  of  fishing,  which  would  otherwise 

fcaveteriiiiuuted  with  the  treaty  clauses  on  the  Ist  of  July  i)roximo, 

bin  omit imu' to  be  enjoyed  by  the  citizens  and  subjects  of  the  two 

louiitries  engaged  in  lishing  operations  thronghont  tlie  season  of  1885. 

This  agreement  proceeds  from  the  mutual  goodwill  of  the  two  Gov- 

iriinii'iiis,  and  has  been  reached  solely  to  avoid  all  misunderstanding 

Inildifliculties  which  might  otherwise  arise  from  the  abrupt  termination 

tltlie  fishing  of  1885  in  the  midst  of  the  season.     The  immunity  which 

I  accorded  by  this  agreement  to  the  vessels  belonging  to  citizens  of 

he  United  States  engaged  in  fishing  in  the  British  American  waters 

|ill  likewise  Ite  extended  to  British  vessels  and  subjects  engaged  in 

Isliiiig  ill  the  watt-rs  of  the  United  States. 

[The joint  resolution  of  Congress  of  March  3,  1883,  providing  for  the 

irminatioii  of  the  fishing  articles  of  the  treaty  of  May  8, 1871,  having 

Waled  ill  terms  the  act  of  March  1,  1873,  for  the  execution  of  the  fish- 

li; articles,  iindthat  repeal  being  express  and  absolute  from  the  date 

I  die  termination  of  the  siid  fishing  articles,  under  due  notification 

Vn  and  luoclaimed  by  the  President  of  the  United  States,  to  wit, 

ply  1, 18S5,  the  present  temporary  agreement  in  no  way  affects  the 

pcstion  of  statutory  enactment  or  exemption  from  customs  duties,  as 

Uiiicli  the  abrogation  of  tho  fishing  articles  remains  complete. 

A-'liai't  ol  this  agreement,  the  President  will  bring  the  whole  quei^ 

on  of  the  tislieries  before  Congress  at  its  next  session  in  December,. 

bd  recommend  the  appointment  of  a  joint  commission  by  the  Govern- 

Viitsof  the  United  States  and  Great  Jiritain  to  consider  the  matter,  in 

le interest cf  maintaining  good  neighborhood  and  friendly  intercourse 

Itween  the  two  c  ;<untries,  thus  aflbiding  a  i)ro8i)ect  of  negotiation  for 

|e  development  and  extension  of  trade  between  the  United  States  and 

Jitish  North  America. 

ICopies  of  the  memoranda  and  exchanged  notes  on  which  this  tempo- 
rv  agreement  lests  are  appended. 

JKetercnce  is  also  made  to  the  President's  proclamation  of  January 
il985,  terminating  the  fishing  articles  of  tho  treaty  of  Washington. 
By  direction  of  the  President: 

T.  F.  BAYAKD, 
Secretary  of  State, 


484 


RIGHTS   OF   AMERICAN   FISHERMEN. 


Appendices. 

1.  Mr.  West's  memorandum  of  March  12,  1885. 

2.  Mr.  Bayard  to  Mr.  West,  memorandum  of  April  22,  1885. 

3.  Mr.  West's  memoranda  of  June  1:3,  1885. 

4.  Mr.  Bayard  to  Mr.  West,  June  19,  1885. 

5.  Mr,  West  to  Mr.  Bayard,  June  20, 1885. 

6.  Mr.  Bayard  to  Mr.  West,  Juno  20,  18&''). 

7.  Mr.  Bayard  to  Mr.  West,  June  22,  1885. 

8.  Mr.  West  to  Mr.  Bayard,  June  22,  ISOi. 
President's  proclamation,  January  31,  1885. 


1. — Mr.  WesVtt  memorandum  of  March  12, 1885, 

[  aletnoranduu.  — Confidential.  1 

The  fishery  clauses  of  the  treaty  of  "W  ashington  of  1871  will  expin 
ou  the  Ist  of  July  next.  It  has  been  represented  by  the  Canadian  Govl 
ernment  that  much  inconvenience  is  likely  to  arise  in  consequence,  nnj 
less  some  agreement  can  be  made  fbr  an  extension  of  the  period. 

When  the  time  comes  (Ist  of  July  next)  American  ships  will  be  acta! 
ally  engaged  in  fishing  within  the  territorial  waters  of  the  DominioD.j 
These  vessels  will  have  been  fitted  out  for  the  season's  fishing  and  liava 
made  all  their  usual  arrangements  for  fbllowing  it  up  until  its  tertniDal 
tion  in  the  autumn.  If,  under  these  circumstances,  tlie  provincial  of 
municipal  authorities  in  Canada  were  to  insist  upon  their  strict  rights, 
and  to  Compel  such  vessels,  under  pain  of  seizure,  to  desist  from  fishind 
considerable  hardship  would  be  occasioned  to  the  owners,  and  afeeliu^ 
of  bitterness  engendered  on  both  sides,  which  it  is  clearly  the  iuteresq 
of  both  Governments  to  avert. 

It  seems,  therefore,  desirable,  in  order  to  avoid  such  possible  coinJ 
plications,  that  both  Governments  should  come  to  an  agreement  uuden 
which  the  clauses  might  be  in  effect  extended  until  the  1st  of  JannaiyJ 
1886. 

If  this  were  done  the  existing  state  of  things  would  come  to  an  en^ 
at  a  date  between  the  fishery  season  of  1885  and  that  of  1886,  and  s 
abrupt  transition  at  a  moment  when  fishery  operations  were  being  car| 
ried  on  would  be  thus  avoided, 

Washington,  March  12, 1885. 


i 


2.— Mr.  Bayard  to  Mr.  West,  April  22, 1885, 

[Memorandum  of  April  22, 1885. — Peraonal.] 


Department  of  State, 
WasUngton,  April  22, 1885. 
Dear  Mr.  West  :  I  have  on  several  occasions  lately,  iu  conversatioj 
acquainted  you  with  my  interest  in  the  fisheries  memorandum  ^flu«[ 
accompanied  your  personal  letter  of  March  12. 

Several  informal  talks  I  have  had  with  Sir  Ambrose  Sbeahave* 
abled  me  to  formulate  the  views  of  this  Government  upon  the  prop 
tion  made  in  behalf  of  the  Dominion  and  the  Province  of  Newtoa 
land,  and  I  take  pleasure  in  handing  you  herewith  a  memoraDdai 


EIGHTS   OF   AMERICAN   FISHERMEN. 


485 


embodying  tbe  results.    If  this  suits,  I  shall  be  happy  to  conflrm  the 
arrangement  by  an  exchauge  of  notes  at  your  early  couvenience. 
"l  ani,  my  dear  Mr.  West,  very  sincerely  yours, 

T.  F.  BAYARD. 
The  Hon.  L.  S.  Saokville  West,  &c. 


MEMORANDUM. 

The  legislation  passed  by  the  Congress  of  the  United  States,  act  of 
1  March  1,  1873,  for  the  execution  of  the  fishery  articles  of  the  treaty 
[of  Washington,  has  been  repealed  by  the  joint  resolution  of  March  3, 
3,  the  repeal  to  take  effect  July  1,  1885.  From  that  date  the  effects 
[ottbe  fisheries  articles  of  the  treaty  of  Washington  absolutely  deter- 
jmiue,  so  far  as  their  execution  within  the  jurisdiction  of  the  United 
States  is  concerned,  and  without  new  legislation  by  Congress  modifying 
[oriiostponing  that  repeal  the  Executive  is  not  constitutionally  compe 
[tent  to  extend  the  reciprocal  fisheries  provisions  of  the  treaty  beyond 
|tlie  1st  of  July  next,  the  date  fixed  by  the  action  of  Congress. 

Mr.  West's  memorandum  of  March  12,  1885,  suggests  the  mutual 
[practical  convenience  that  would  accrue  from  allowing  the  fishing  ven- 
eres commenced  prior  to  July  1, 1885,  to  continue  until  the  end  of  the 
icasou  for  fishing  of  that  year,  thus  preventing  their  abrupt  termina- 
|tion  in  the  midst  of  fishing  operations  on  the  1st  of  July. 

It  has  been,  moreover,  suggested  on  the  part  of  the  Province  of  New- 
foundland and  of  the  Dominion  of  Canada,  that  in  view  of  the  mutual 
enefit  and  convenience  of  the  present  local  traffic,  consisting  of  the 
barchase  of  ice,  bait,  wood,  and  general  ship  supplies  by  the  citizens  of 
[lit  United  States  engaged  in  fishing  from  the  inhabitants  of  the  British 
Siincrican  fishing  coast,  the  usual  operations  of  the  fishing  season  of  1885 
khould  be  cobtinued  by  the  fishing  vessels  belonging  to  citizens  of  the 
Tnited  States  imtil  the  end  of  the  season  of  that  year,  and  that  the  local 
hnthorities  of  Newfoundland  and  of  the  Dominion  of  Canada,  in  a  spirit 
kf  amity  and  good  neighborhood,  should  abstain  from  molesting  such 
Isliermen  or  impeding  their  progress  or  their  local  traffic  with  the  in- 
kabitants  incidental  to  fishing  during  the  remainder  of  the  season  of 
|88o,  and  all  this  with  the  understanding  that  the  President  of  the 
Pnited  States  would  bring  the  whole  question  of  the  fisheries  before 
Congress  at  its  next  session  in  December,  and  recommend  the  appoint- 
ptof  a  commission  in  which  the  Governments  of  the  United  States 
H  of  Great  Britain  should  be  respectively  represented,  which  commis- 
lon  should  be  charged  with  the  consideration  and  settlement,  upon  a 
p, equitable,  and  honorable  basis,  of  the  entire  question  of  the  fishing 
iglitsof  tlie  two  Governments  and  their  respective  citizens  on  the  coasts 
ytlie  United  States  and  British  North  America, 
i  The  President  of  the  United  States  would  be  prepared  to  recommend 
Jc  adoption  of  such  action  by  Congress  with  the  understanding  that 
I  view  and  in  consideration  of  such  promised  recommendation  there 
lonld  be  no  enforcement  of  restrictive  and  penal  laws  and  regulations 
T  tlio  authorities  of  the  Dominion  of  Canada  or  of  the  Province  of  New- 
Pidland,  against  the  fishermen  of  the  United  States  resorting  to  Brit- 
">  American  waters  between  the  ls<;  of  July  next  and  the  close  of  the 
tsent  year's  fishnig  season ;  the  mutual  object  and  intent  being  to 
Pt  any  annoyance  to  the  individuals  engaged  in  this  business  and 
»uic,  and  the  irritation  or  ill-feeling  that  might  be  engendered  by  a 


486 


RIGHTS   OF   AMEEICAN   FISHERMEN. 


harsh  or  vexatious  enforcement  of  stringent  local  regulations  on  ttel 
fishing  coast  pending  au  effort  to  have  a  just  and  amicable  arrange  I 
ment  of  an  important  and  somewhat  delicate  question  between  the  two! 
nations.  j 

Public  knowlenge  of  this  understanding  and  arrangement  can  be] 
given  by  an  exchange  of  notes  between  Mr.  West  and  myself,  whicJ 
can  be  given  to  the  press. 


3. — Mr.  WesVs  memoranda  of  June  13, 18S5. 

I  Memoranda.] 

It  is  proposed  to  state  in  notes  according  temporary  arrfiigementi 
respecting  fisheries  that  an  agreement  has  been  arrived  at  under  cirl 
cumstauces  affording  prospect  of  negotiation  for  development  and  ei| 
tension  of  trade  between  the  United  States  and  British  North  Americi 

The  government  of  Newfoundland  do  not  make  refunding  of  duties  i 
condition  of  their  acceptance  of  the  i)roposed  agreement,  but  tbeyrelS 
on  it  having  due  consideration  before  the  international  commissioJ 
which  may  bo  appointed. 


4. — Mr.  Bayard  to  Mr.  West,  June  19, 1885. 

[Confidential.] 

Depabtiient  of  State, 

Washington,  June  19, 1885.  i 

My  Dear  Mr.  West  :  I  assume  that  the  two  confidential  memoraDd 
you  handed  to  me  on  the  13th  instant  embrace  the  acc«ptance  by  th 
Dominion  and  the  British  American  coast  provinces  of  tlio  genen 
features  of  my  memorandum  of  April  21,  concerning  a  temporaryj 
rangement  respecting  the  fisheries,  with  the  understanding  express* 
on  their  side  that  the  "agreement  has  been  arrived  at  under  circnnl 
stances  affording  prospect  of  negotiation  for  development  and  extensioj 
of  trade  between  the  IJnited  States  and  British  North  America." 

To  such  a  contingent  understai^diug  I  can  have  no  objection.  Indee* 
I  regard  it  as  covered  by  the  statement  in  my  memorandum  of  Mayl 
that  the  arrangement  therein  contemplated  would  bo  reached  "willit 
understanding  that  the  President  of  the  United  States  would  bring  tM 
whole  question  of  the  fisheries  before  Congress  at  its  nextsessionf 
December,  and  recommend  the  appointment  of  a  corarai.ssion  in  wli 
the  Governments  of  the  United  States  and  of  Great  Britain  shonlil 
respectively  represented,  which  commission  should  be  charged  with  I 
consideration  and  settlement,  upon  a  just,  equitable,  and  bouorabj 
basis,  of  the  entire  question  of  the  fishing  rights  of  the  two  Govfrj 
ments  and  their  respective  citizens  on  the  coasts  of  the  United  Statj 
and  British  North  America." 

The  equities  of  the  question  being  before  such  a  mixed  coniniis 
would  doubtless  have  the  fullest  latitude  of  expression  and  treatnuj 
on  both  sides;  and  the  purpose  in  view  being  the  maintenance  off 
neighborhood  and  intercourse  between  the  two  countries,  tbe  rer 
meudation  of  any  measures  which  the  commission  miglit  deem  nei 
sary  to  attain  those  ends  would  seem  to  fall  within  its  province,  i 
such  recommendations  could  not  fiil  to  receive  attentive  consideratKl 


RIGHTS   OF   AMERICAN   FISHERMEN. 


487 


I  am  not,  therefore,  prepared  to  state  limits  to  the  proposals  to  be 
brought  forward  in  the  suggested  commlssiou  on  behalf  of  either  party. 

I  believe  this  statement  will  be  satisfactory  to  you,  and  I  should  bo 
pleased  to  be  iu formed  at  the  earliest  day  practicable  of  your  acceptance 
of  tbeundtuvstanding  on  behalf  of  British  North  America ;  and  by  this 
simple  exchange  of  notes  and  memoranda  the  agreement  will  be  com- 
pleted in  season  to  enable  the  President  to  make  the  result  publicly 
known  to  the  citizens  engaged  in  the  fishing  on  the  British  American 
Atlantic  coast. 

1  have  the  honor  to  be,  with  the  highest  respect,  sir,  your  obedient 

servant, 

T.  F.  BAYARD. 
The  lion.  L.  8.  Sackville  West. 


5. — Mr,  West  to  Mr.  Bayard,  June  20, 1885. 

[Confidential.] 

■%  British  Legation, 

Washington,  June  20, 1885. 

My  Deaii  Mr.  Bayard  :  I  beg  to  acknowledge  the  receipt  of  your 
confidential  note  of  yesterday's  date,  concerning  the  proposed  tempo- 
rary arrangement  respecting  the  fisheries,  which  I  am  authorized  by 
Her  Majesty's  Government  to  negotiate  with  you  on  behalf  of  the  Gov- 
ernment of  the  Dominion  of  Canada  and  the  government  of  Newfound- 
laud,  to  be  effected  by  an  exchange  of  notes  founded  on  your  memo- 
raudiim  of  the  21st  of  April  last. 

The  two  confidential  memoranda  which  I  handed  to  you  on  the  13th 
instant  contain,  as  you  assume,  the  acceptance  by  the  Dominion  and 
the  British  American  coast  provinces  of  the  general  features  of  your 
above-mentioned  memorandum,  with  the  ixnderstanding  expressed  on 
their  side  that  the  agreement  has  been  arrived  at  under  circumstances 
affording  prospects  of  negotiation  for  the  development  and  extension  of 
trade  between  the  United  States  and  British  North  America,  a  con- 
tingent understanding  to  which,  as  you  state,  you  can  have  no  objec- 
tion,as  you  regard  it*  as  covered  by  the  terms  of  your  memorandum 
of  April  21. 

In  authorizing  me  to  negotiate  this  agreement.  Earl  Granville  states, 
as  I  have  already  had  occasion  to  intimate  to  you,  that  it  is  on  the  dis- 
tinct understanding  that  it  is  a  temporary  oiie,  and  that  its  conclusion 
must  not  be  held  to  prejudice  any  claim  which  may  be  advanced  to 
^  more  satisfactory  equivalents  by  the  colonial  governments  in  the  course 
j  of  the  negotiation  for  a  more  permanent  settlement.    Earl  Granville 
further  wishes  me  to  tell  you  that  Her  Majesty's  Government  and  the 
I  colonial  governments  have  consented  to  the  arrangement  solely  as  a 
mark  of  good  will  to  the  Government  and  people  of  the  United  States, 
and  to  avoid  difficulties  which  might  be  raised  by  the  termination  of 
the  fishery  articles  in  the  midst  of  a  fishing  season ;  and  also  the  ac- 
[ceptance  of  such  a  modus  vivendi  does  not,  by  any  implication,  affect 
the  value  of  the  inshore  fisheries  by  the  Governments  of  Canada  and 
Newfoundland.    I  had  occasion  to  remark  to  you  tl.  it  while  the  colonia  I 
governments  are  asked  to  guarantee  immunity  from  interference  to 
American  vessels  resorting  to  Canadian  waters,  no  such  immunity  is 


488 


RIGHTS   OF   AMERICAN   FISHERMEN. 


oflfered  in  your  menioraudum  to  Cauadian  vessels  resorlinp;  to  American] 
waters,  but  that  the  Uoiuiuion  Goverument  presumed  that  theaf,'reen)eDt 
in  this  respect  would  be  mutual.    As  you  accepted  this  view,  iTwould 
think,  be  as  well  that  mention  should  be  made  to  this  effect  in  the  notes 

Under  the  reservations,  as  above  indicated,  in  which  I  believe  yon j 
acquiesce,  I  am  prepared  to  accept  the  understanding  on  beiialfof! 
British  North  America,  and  to  exchange  notes  in  the  above  sense.      ! 

1  have  the  honor  to  be,  with  the  highest  respect,  sir,  your  obedient 
servant, 

L.  S.  SACKVILLE  WEST. 

Hon.  T.  F.  Bayard,  &c. 


s  ; :,  r^  0 Mr.  Bayard  to  Mr.  West,  June. 20, 1885. 

•  Department  of  State, 

Washington,  June  20, 1885. 

Sir  :  I  have  jast  received  your  note  of  today's  date  in  regard  tot.iel 
proposed  temporary  arrangement  touching  the  fisheries. 

Undoubtedly  it  is  our  clear  and  mutual  understanding  that  the  ar- 
rangement now  made  is  only  temporary,  and  that  it  proceeds  fromtliej 
mutual  good  will  of  our  respective  Governments,  and  solely  to  avoid  all 
difficulties  which  might  otherwise  arise  from  the  termination  of  the' 
fishing  of  1885  in  the  midst  of  the  season. 

I  understand,  also,  that  the  same  immunity  which  is  accorded  bytbisj 
agreement  to  the  vessels  belonging  to  the  citizens  of  the  United  States,} 
engaged  in  fishing  in  the  British  American  waters,  will  be  extended toj 
British  vessels  and  subjects  engaged  in  fishing  in  the  waters  ol'  tliej 
United  States.  Perceiving,  therefore,  no  substantial  difference  between! 
our  respective  propositions  and  these  statements  as  contained  in  our  j 
correspondence  on  the  subject,  I  shall  consider  the  agreement  as  em 
bodied  in  our  memoranda  and  the  correspondence  between  us  awl  as] 
thus  concluded  ;  and  public  notification  to  that  effect  will  be  given  ina] 
few  days  by  the  President. 

1  have  the  honor  to  be,  with  the  highest  consideration, sir, your obe] 
dient  servant, 

T.  F.  BAYAliD. 

The  Hon.  L.  S.  Sackville  West,  &3. 


7.— Mr.  Bayard  to  Mr.  West,  June  22, 1885. 

Department  of  State, 
Washington,  June  26, 1885. 
Sir  :  lu  compliance  with  your  verbal  request  of  this  morning  tbat  I| 
should  restate  part  of  my  note  to  you  of  tiie  19th,  I  repeat  thattbearj 
rangement,  whereby  a  modus  vivendi  on  the  fishing  question  has  been! 
reached,  rests  on  the  memoranda  and  correspondence  exchanged;  thatj 
your  memorandum  of  the  13th  instant  expressed  the  understanding  on  j 
vour  side  that  the  "  agreement  has  been  arrived  at  under  circumstancwj 


RIGHTS   OP   ABIERICAN   FISHERMEN. 


489 


aflbrding  prospect  of  »egotiation  for  development  aud  exteosit  ii  of  trade 
between  tbo  United  States  and  British  North  America  " ;  that  I  not  only 
had  no  objection  to  such  an  understanding,  but,  in  fact,  regarded  it 
38  amply  embraced  in  our  proposal  to  recommend  a  (ioramission  to 
tlciil  witii  the  whole  subject  in  the  interest  of  good  neighborhood  and 
intercourse,  and  that  tlie  recommendation  of  any  measures  which  the 
eommiasion  might  deem  necessary  to  attain  those  ends  would  seem  to 
tall  within  its  province,  and  such  recommendations  could  not  fail  to  have 
attoutive  consideration. 
Having  thus  not  only  admitted  the  proviso  of  your  memorandum  in 
vourowu  language,  but  gone  still  further  and  pointed  out  that  no  limits 
ffonld  be  set,  so  far  as  I  was  concerned,  to  the  proposals  to  be  brought 
forward  in  the  suggested  commission  on  behalf  of  either  party,  I  do  not 
see  bow  it  is  possible  for  me  to  give  any  stronger  assurance  that  the 
I  understanding  has  "  been  reached  under  circumstances  aflbrding  a  pros- 
!  ])ectof  negotiation  for  the  development  and  extension  of  trade  between 
I  the  United  States  and  British  America." 

I  have  the  honor  to  be,  with  the  highest  considenttion,  sir, 

T.  F.  BAYARD. 

The  Hon.  L.  8.  Saokville  West,  &c. 


8.— Mr.  West  to  Mr.  Bayard,  June  22, 1885. 

Washington,  June  22, 1885. 

SiE:  I  have  the  honor  to  acknowledge  the  receipt  of  your  notes  of 
|tlie20th  and  22d  instant  in  regard  to  the  proposed  temporary  arrange- 
linent  touching  the  fisheries,  in  which  you  state  that  it  is  our  clear  and 
jniataal  understanding  that  such  arrangement  is  only  temporary,  and 
jthat  it  proceeds  from  the  mutual  good-will  of  our  respective  Govern- 
jments,  and  solely  to  avoid  all  diificulties  which  might  otherwise  arise 
ifiromthe  termination  of  the  fishing  of  1885  in  the  midst  of  the  season. 
lAlso  that  the  same  immunity  which  is  accorded  by  this  Government  to 
|the  vessels  belonging  to  the  citizens  of  the  United  States  engaged  in 
:  in  the  British  American  waters  will  be  extended  to  British  ves- 
!  and  subjects  engaged  in  fishing  in  the  waters  of  the  United  States, 
1  that  the  agreement  has  been  reached  under  circumstances  afford- 
ling  a  prospect  of  negotiation  for  the  development  and  extension  of  trade 
|betweeu  the  United  ^.tates  and  British  North  America. 

As  therefore  there  exists  no  substantial  difference  between  our  re- 
jspective  propositions  and  the  statements  as  contained  in  our  corre- 
Ispondence  on  the  subject,  I  shall  consider  the  agreement  as  embodied 
|in  our  memoranda  and  the  correspondence  between  us  as  thus  con- 
cluded, and  shall  inform  Her  Majesty's  Government  and  the  Govern- , 
Jientfiof  the  Dominion  of  Canada  and  Newfoundland  accordingly. 
I  have  the  honor  to  be,  with  the  highest  consideration,  sir,  your  obo- 
iKsnt  servant, 

L.  S.  SAOKVILLE  WEST. 
Hon.  T.  P.  Bayard,  &c. 


490  BIGHTS   OF   AMERICAN   FISHERMEN. 

BY  TBK  PRRBIDENT  OF  TUK   UNITED  STATES  OF  AMZKICA. 

A  PROCLAMATION. 

Whereas  the  Treaty  couclu'led  between  tbe  United  States  of  Aiuerial 
and  her  Majesty  the  Queen  of  Great  Britain  and  Ireland,  coiicliKlpdntJ 
Washington  on  the  8th  (hiy  of  Mav,  1871,  contains  among  other  ArtidMi 
the  following,  viz : 

"  Article  XVIIl." 

"  It  is  agreed  by  the  High  Contracting  Parties  that,  in  addition  tol 
the  liberty  secured  to  the  United  States  fishermen  by  the  ConventioDi 
between  the  United  States  and  Great  Britain,  signed  at  London  on  tliej 
20th  day  of  October,  1818,  of  taking,  curing,  and  drying  tisb  on  cortainj 
coasts  of  the  British  North  American  Colonies  therein  defined,  tlieinf 
habitants  of  the  United  States  shall  have  in  common  with  tlio  subjcctJl 
of  Uer  Britannic  Majesty,  the  liberty,  for  the  term  of  years  nieutioudl 
in  Article  XXXIII  of  this  Treaty,  to  take  fish  of  ever>  I  iud,  exceptj 
shell  fish,  on  the  sea  coasts  and  shores,  and  in  the  bays,  harbors,  anj 
creeks,  of  the  Provinces  of  Quebec,  Nova  Scotia,  and  New  Enuiswickl 
and  the  Colony  of  Prince  Edward's  Island,  and  of  the  several  islaiidi 
thereunto  adjacent,  without  being  restricted  to  any  distance  from  M 
shore,  with  permission  to  land  upon  the  said  coast    and  shores  m 
islands,  and  also  upon  the  Magdalen  Islands,  for  the  purpose  of  drying 
their  nets  and  curing  their  fish;  provided  that  in  so  doing  tliey  donoi 
interfere  with  the  rights  of  private  property,  or  with  Britisli  fislierDieDj 
in  the  peaceable  use  of  any  part  of  the  said  coasts  in  their  occupancl 
for  the  same  purpose. 

"  It  is  understood  that  the  above-mentioned  liberty  applies  solely  t^ 
the  sea  fishery,  and  that  the  salmon  and  shad  fisheries,  and  all  othei 
fisheries  in  rivers  and  the  mouths  of  rivers  are  hereby  reserved  excli^ 
sively  for  British  fishermen." 

"Article  XIX." 

"It  is  agreed  by  the  High  Contracting  Parties  that  British  sub 
shall  have,  in  common  with  the  citizens  of  tlie  United  States,  the  lilj 
erty,  for  the  term  of  years  mentioned  in  Article  XXXIII  of  this  Treatj 
to  take  fish  of  every  kind,  except  shell-fish,  on  the  eastern  seacoastj 
and  shores  of  the  United  StJites  north  of  the  thirty -ninth  parallel  ( 
north  latitude,  and  on  the  shores  of  the  several  islands  thereunto  adjJ 
cent,  and  in  the  bays,  harbors,  and  creeks  of  the  said  sea-coasts  m 
shores  of  the  United  States^  and  of  the  said  islands,  without  being  r 
stricted  to  any  distance  from  the  shore,  with  permission  to  land  up 
the  said  coasts  of  the  United  States  and  of  the  islands  aforesaid,  fortll 
purpose  of  drying  their  nets  and  curing  their  fish;  provided  that, ins 
doing,  they  do  not  interfere  with  the  rights  of  private  property,  or wiU 
the  fishermen  of  the  United  States  in  the  peaceable  use  of  any  part( 
the  said  coasts  in  their  occupancy  for  the  same  purpose.  , 

"  It  is  understood  that  the  above-mentioned  liberty  applies  solely 
the  sea  fishery,  and  that  salmon  and  shad  fisheries,  and  all  other  lisl 
eries  in  rivers  and  mouths  of  rivers,  are  hereby  reserved  esclusivelyr 
fishermen  of  the  United  States." 

"Article  XX." 

"  It  is  agreed  that  the  places  designated  by  the  Commissioners  i 

pointed  under  the  first  Article  of  the  Treaty  between  the  United  Sta« 

and  Great  Britain,  concluded  at  Washington  on  the  5th  of  Jimetl^ 

npon  the  coasts  of  Her  Britannic  Majesty's  Dominions  and  the  Vm 


RIOIlTfl   OP   AMERICAN   FISHERMEN. 


491 


States,  as  places  reserved  from  the  coniiuou  right  of  flshiug  under  that 
Treaty')  sliall  he  regarded  as  in  like  manner  reserved  from  the  common 
rifflit  of  li«liiug  under  the  preceding  articles.  In  case  any  question 
gboiild  arise  between  the  Governments  of  the  United  States  and  of  Her 
jiritanuic  Majesty  as  to  the  common  right  of  fishing  in  places  not  thus 
designated  as  reserved,  it  is  agreed  that  a  commission  shall  be  aj)- 
pointed  to  designate  such  places,  and  shall  be  constituted  in  the  same 
uiaiiuer,  aud  have  the  same  powers,  duties,  and  authority  as  the  Com- 
niission  appointed  under  said  first  Article  of  the  Treaty  of  the  5th  of 

Juno,  1854." 

'  ^'Article  XXl." 

"It  is  agre'^d  that,  for  the  term  of  years  mentioned  in  Article  XXXIII 
of  tbis  Treaty,  fish  oil  aud  fish  of  all  kinds,  (except  finh  of  the  inland 
lakes  and  of  the  rivers  falling  into  them,  and  except  fisl:  preserved  in 
oil,)  being  the  produce  of  the  fisheries  of  the  United  States,  or  of  the 
Dominion  of  Canada,  or  of  Prince  Edward's  Island,  shall  be  admitted 
•iito  each  country,  respectively,  free  of  duty." 

"Article  XXII." 

"Inasmnch  as  it  is  asserted  by  the  Government  of  Iler  Britannic  Maj- 
esty that  the  privileges  accorded  to  the  citizens  of  the  United  States 
iiuiler  Article  XVIII  of  this  Treaty  are  of  greater  value  than  those  ac- 
corded by  Articles  XIX  aiid  XXI  of  this  Treaty  to  the  subjects  of  Her 
Britannic  Majesty,  and  this  assertion  is  not  admitted  by  the  Govern- 
ment of  the  United  States,  it  is  further  agreed  that  Commissioners  shall 
be  appointed  to  determine,  having  regard  to  the  privileges  accorded 
bythe  United  States  to  the  subjects  of  Iler  Britannic  Majesty,  as  stated 
iuArtieles  XIX  aud  XXI  of  this  Treatj^,  the  amount  of  any  compensa- 
tion which,  in  their  opinion,  ought  to  be  paid  by  the  Government  of  the 
United  States  to  the  Government  of  Her  Britannic  Majesty  in  return 
lor  tlie  privileges  accorded  to  the  citizens  of  the  United  States  under 
Article  XVIIl  of  this  Treaty;  and  that  any  sum  of  money  which  the 
m\  Commissioners  may  so  award  shall  be  paid  by  the  United  States 
Government  in  a  gross  sum,  within  twelve  months  after  such  award 
sball  Lave  been  given." 

"Article  XXIII." 

"The  Commissioners  referred  to  in  the  preceding  Article  shall  be  ap- 
liointed  in  the  following  manner,  that  is  to  say  :  One  Commissioner  shall 
be  named  by  the  President  of  the  United  States,  one  by  Her  Britaunic 
Miijesty,  and  a  third  by  the  President  of  the  United  States  and  Her 
Britannic  Majesty  conjointly ;  and  in  case  the  third  Commissioner  shall 
not  have  been  so  named  within  a  period  of  three  months  from  the  date 
when  this  article  shall  take  effect,  then  the  third  commissioner  shall  be 
nanieil  by  tiie  Representative  at  London  of  His  Majesty  the  Emperor  of 
Austria  and  King  of  Hungary.  In  case  of  the  death,  absence,  or  in- 
capacity of  any  commissioner,  or  in  the  event  of  any  Commissioner 
omitting  or  ceasing  to  act,  the  vacancy  shall  bo  filled  in  the  manner 
liereiiibefore  provided  for  making  the  original  appointment,  the  period 
of  three  months  in  case  of  such  substitution  being  calculated  from  the 
•lateof  tjic  happening  of  the  vacancy. 

"The  (Jouniiissioners  so  named  shall  meet  in  the  City  of  Halifax,  in 
tlie  Province  of  Nova  Scotia,  at  the  earliest  convenient  period  after  they 
liavebeen  respectively  named,  and  shall,  before  proceeding  to  any  busi- 
ness, make  and  subscribe  a  solemn  declaration  that  they  will  impar- 
tially aud  carefully  examine  and  decide  the  matters  referred  to  them  to 


492 


RiailTS   Oy   AMERirAN    FISUEKMEN. 


tlio  best  of  t'leir  jiul^jfinciif,  and  accordiii}?  to  jiiHtice  and  ((luity  an 
Bucl)  declaration  Hball  \m  entered  on  the  record  of  their  pioceediiigs. 

"Each  of  the  Ilipfh  Contracting  Parties  shall  also  name  one  person  to  I 
attend  the  Coinini.sHit)n  as  its  agent,  to  represent  it  generally  in  all  mat. 
ters  connected  with  the  Commission." 

"Article  XXIV." 

"The  proceedings  shall  bo  conducted  in  such  order  as  the  Commit j 
sioners  appointed  under  Articles  XXII  and  XXIII  of  this  Treaty  shall 
determine.  They  shall  be  boun<l  to  receive  such  oral  or  written  testi  I 
mony  as  either  Government  may  present.  If  either  Party  sLall  offerl 
oral  testimony,  the  other  Party  shall  have  the  right  of  cross  examiiia.j 
tion,  under  such  rules  as  the  CommiswionerH  shall  prescribe. 

"If  in  the  case  submitted  to  the  Commissioners  either  Party  sliall I 
have  specified  or  alluded  to  any  report  or  document  in  its  own  exclal 
sive  possession,  without  annexing  a  copy,  snch  Party  shall  be  bouii(l,i(j 
the  other  Party  thinks  projier  to  apjjly  for  it,  to  furnish  tliatrartj-ffithl 
a  copy  thereof;  and  eitlier  Party  may  call  upon  the  other,  through  thei 
Commissioners,  to  produce  the  originals,  or  certified  copies  of  any  pa- 1 
pers  adduced  as  evidence,  giving  in  each  instance  such  reasonable uutke J 
as  the  Commissioners  may  require. 

"The  case  on  either  side  shall  be  closed  within  a  period  of  six  moutbjl 
from  the  date  of  the  organization  of  the  Commission,  and  tlie  Commis 
sioners  shall  be  requested  to  give  their  award  as  soon  as  possible  tlicre  j 
after.  The  aforesaid  period  of  six  months  may  be  extended  for  tlirecj 
months  in  case  of  a  vacancy  occurring  among  the  Cornuiissionersundetj 
the  circumstances  contemplated  in  Article  XXIII  of  this  Treaty." 

"Article  XXV." 

"  The  Commissioner  shall  keep  an  accurate  record  and  correct  mini 
xxtea  or  notes  of  all  their  proceedings,  with  the  dates  thereof,  and  niayj 
appoint  and  employ  a  secretary  and  any  other  necessary  oflicerorc 
cers  to  assist  them  in  the  transaction  of  the  business  which  may  come] 
before  them. 

"  Each  of  the  High  Contracting  Parties  shall  pay  its  own  Comniisl 
sionei'  and  agent  or  counsel ;  all  other  expenses  shall  be  defrayed  bjj 
the  two  Governments  in  equal  moieties." 

"Article  XXX." 

"  It  is  agreed  that,  for  the  term  of  years  mentioned  in  Article  XXXIIII 
of  this  Treaty,  subjects  of  Her  Britannic  Majesty  may  carry  in  BritishI 
vessels,  without  payment  of  duty,  goods,  wares,  or  merchandise  fromj 
one  port  or  place  within  the  territory  of  the  United  States  upon  the  81.1 
Lawrence,  the  Great  Lakes,  and  the  rivers  connecting  the  same,  toj 
another  port  or  place  within  the  territory  of  the  United  States  aa  afore' j 
said :  Provided,  That  a  portion  of  such  transportation  is  made  tbroagbj 
the  Dominion  of  Canada  by  land  carriage  and  in  bond,  under  such  rules! 
and  regulations  as  may  be  agreed  upon  between  the  Government  of  flerj 
Britannic  Majesty  and  the  Government  of  the  United  States.  I 

"  Citizens  of  the  United  States  may  for  the  like  period  carry  in  UdMI 
States  vessels,  without  payment  of  duty,  goods,  wares,  or  merchandiMl 
from  one  port  or  place  within  the  Possessions  of  Her  Britannic  Majestyj 
in  North  America  to  another  port  or  place  within  the  said  Possessions;! 
Provided,  That  a  portion  of  such  transportation  is  made  through  th«l 
territory  of  the  United  States  by  land  carriage  and  in  bond,  under  Bad  j 


AIQHTS   OF   AMERICAN   FISHERMEN. 


4!).'{ 


CommiS'l 
frayed  bjl 


r'iu  Unitedl 


iron 


ghtbel 


riik's  iiiul  regulations  as  may  ho  agreed  upon  betwtnon  the  Ooverninont 

ilip  I'liited  States  and  the  Oovernmer.t  of  Her  Britaunio  Majesty. 

llie  (iovi  riiment  of  the  United  States  further  iMigages  not  to  impose 

export  tluties  oa  goods,  wares,  or  mercliamlisc  carried  under  this 

ulotbr()iit;li  the  territory  of  the  United  State-;  and  Her  Majesty's 

I  liovi'i'iimt'iit/ engages  to  urge  the  Parliament  of  the  Dominion  of  Canada 

ami  tlio  Legislatures  of  *^'»3  other  colonies  not  to  impose  any  exi)ort 

duties  on  goods,  wares,  or  merchandise  carried  under  this  articles  and 

the  Oovcrnincnt  of  the  United  States  may,  in  case  such  export  (luties 

arc  imposed  by  the  Dominion  of  Ciinada,  suspend,  during  the  period 

tiiatsucli  duties  are  imposed,  the  right  of  carrying  granted  under  this 

I  article  in  fiivor  of  tbe  subjects  of  Her  Britaunio  Majesty. 

"The  (iovernment  of  the  United  States  may  suspeiul  the  right  of 

carryiu},'  granted  in  favor  of  the  subjects  of  Uer  Britannic  Majesty 

1  aiider  this  article,  in  case  the  Dominion  of  Canada  should  at  any  time 

i  deprive  the  citizens  of  the  United  States  of  the  use  of  the  canals  in  the 

[  KiiilDoininion  on  terms  of  equality  with  the  inhabitants  of  the  Domin- 

i  iou, as  provided  in  Article  XXVll." 

"Article  XXXII." 

"It  is  further  agreed  that  the  provisionb  and  stipulations  of  Articles 
IXVllI  to  XXV  of  this  Treaty,  inclusive,  sliall  extend  to  the  Colony  of 
U'ewfoundland,  so  far  as  they  are  applicable.  But  if  the  Imperial  Par- 
liament, the  Legislature  of  Newfoundland,  or  the  Congress  of  the  United 
States,  shall  not  embrace  the  Colony  of  Newfoundland  in  their  laws 
ciia'^tetl  forearrying  the  foregoing  articles  into  etfect,  then  this  article 
siiall  be  of  no  effect;  but  the  omission  to  make  provision  by  law  to 
giveitefl'ect  by  cither  of  the  legislative  bodies  aforesaid,  shall  not  in 
[any  way  impair  any  other  articles  of  this  Treaty." 

And,  whereas,  pursuant  to  the  provisions  of  Article  XXXIII  of  said 

[Treaty,  due  notice  has  been  given  to  the  Gcernmeut  of  Her  Britannic 

Majesty  of  the  intention  of  the  Government  of  the  United  States  of 

America,  to  terminate  the  above  recited  article  of  the  Treaty  in  ques- 

ttion,  on  the  Ist  day  of  July,  1885 ; 

And,  whereas,  ])ursuaut  to  the  terms  of  said  Treaty,  and  of  the  notice 
JKiveu  thereunder  by  the  Government  of  the  United  States  of  America 
jtotbat  of  Jler  Britannic  Majesty,  the  above  recited  articles  of  the  Treaty 
lof  Washington,  concluded  May  8, 1871,  will  expire  and  terminate  on 
[tlie  Ist  day  of  July,  1885: 

Now,  therefore,  I  Chester  A.  Arthur,  President  of  the  United  States 
[of  America,  do  hereby  give  public  notice  that  Articles  XVIII,  XIX, 
XX,  XXI,  XXII,  X::iII,  XXIV,  XXV,  XXX,  and  XXXII,  of  the 
ITreaty  of  Washington,  concluded  May  8,  1871,  will  expire  and  termin- 
lato  on  the  Ist  day  of  July,  1885,  and  all  citi  iens  of  the  United  States  are 
liereby  warned  that  none  of  the  privileges  secured  by  the  .above  recited 
larticles  of  the  Treaty  in  question  will  exist  after  the  Ist  day  of  July 
JBext;  all  American  fishermen  should  govern  themselves  accordingly. 
i  Done  at  tbe  City  of  Washington,  this  3l8t  day  of  January,  in  the  year 
jof  Our  Lord  one  thousand  eight  hundred  and  eighty-five,  and  of  the 

jlndependence  of  the  United  States  of  America  the  one  hundred  and 

l&inth. 

[SEAL.]  CHESTER  A.  ARTHUE. 

%  the  President : 

Fredk  T.  Fkelinghuysen, 

Secretary  of  iState, 


EoTue  Ex.  78,  FoTty-ointh  Congress,  second  session. 


AMERICAN  FISHERIES. 


RE  I*  L  Y 


OF 


THE  SECRETARY  OF  THE  TREASUR!, 


TO  THE 


Resolution  of  the  House  of  Representatives  of  December  14, 1886,  callkjj 
for  an  interpretation  of  the  tariff  law  respecting  tlie  duties  on  fish. 


January  10,  1887.— Referred  to  the  Committee  on  Foreign  AflFalrs  and  ordered  to  be 

printed. 


Treasury  Department,  January  10, 1881, 
Sir  :  I  have  had  the  honor  to  receive  the  resolution  of  the  House  of  j 
the  I'iVn  ultimo,  making  inquiry  in  regard  to  the  "  interpretation  now 
given  by  the  Treasury  Department  to  the  tariff  law  of  eigbteeu  hun- 
dred and  eighty- three,  which  in  one  section  declares  that 'fish,  fresli, 
for  immediate  consumption,'  shall  be  free  of  tax  on  arrival  at  our 
seaports  or  lake  ports,  and  in  another  section  declares  that  'foreijiii- 
cangfit  fish,  imported  fresh,'  shall  be  taxed  at  the  rate  of  Hfty  cents  ] 
for  each  hundred  pounds,"  and  also  requesting  me  ''  to  transmit  to  j 
the  House  copies  of  all  official  correspondence,  opinions,  and  decisions 
bearing  on  the  subject,  together  with  a  statement  of  the  duties  collected  | 
each  year,  since  eighteen  hundred  and  sixty-five,  on  the  several  de 
scriptions  offish  caught  on  the  lakes,  or  the  Canadian  tributaries  thereof, 
and  also  on  the  several  descriptions  caught  in  the  North  Atlantic,  oron 
the  shores  of  the  islands  thereof." 

FROZEN  FISH. 

A  satisfactory  reply  to  these  inquiries  will  make  necessary  a  pre- 
liminary suitement,  and  an  exhibition  of  certain  details  couuected  there- 1 
with. 

By  the  tariff  law  of  1846,  there  was  levied  20  per  cent,  ad  valorem « 
the  foreign  value  of : 

"Fish,  foreign,  whether  fresh,  smoked,  salted,  dried,  or  pickled,  not  j 
otherwise  provided  for." 
494 


AMERICAN    FISHERIES. 


495 


The  same  schedule,  and  language,  were  preserved  in  the  tariff  law  of 
Il857  but  tbe  rate  wab  reduced  to  15  per  cent. 

The  tariff  law  ot  March  2,  1861,  levied  in  the  tenth  section  the  fol- 
Jlowing  rates: 

"On  mackerel,  two  dollars  per  barrel;  on  herrings,  pickled  or  salted, 
fone  dollar  per  barrel ;  on  pickled  salmon,  three  dollars  per  barrel;  on 
[all other  flsb,  pickled,  in  barrels,  one  dollar  and  fifty  cents  per  barrel; 
[on  all  other  /omgin-caught  fish,  imported  otherwise  than  in  barrels  or 
ihallbarrela,  or  whether  fresh,  smoked  or  dried,  salted  or  pickled,  not 
[otberwise  provided  for,  fifty  cents  per  one  hundred  pounds." 

Ill  its  twenty-third  section  that  law  declared  that  ^^  fish,  fresh  caught^ 
I/or  daily  consumption,''^  shall  be  exempt  from  duty. 

Then  began  a  perplexity  which  has  embarrassed  this  Department 
jup  to  tbe  present  day.    Some  one  at  the  port  of  entry  must,  under 

,r  clause,  decide  whether  or  not  the  fish,  entered  as  free  thereunder, 
[is  "fresh  caught,"  and  is  "for  daily  consumption."  Did  the  qualifi- 
[cation  "for  daily  consumption"  refer  to  the  "fish,"  or  to  the  catching, 
[ami  the  purpose  of  the  catching  ?  Who  can  correctly  pass  judgment  on 
jtbeniofire  of  the  fishermen,  or  of  the  importer? 

OuJuuelS,  1866,  this  Department  decided  (see  Appendix  A)  ihat 
[the  phrase  included  all  fish  imported  for  consumption,  while  fresh,  and 
jdiil  not  include  fish  imported  fresh,  but  to  be  afterwards  dried,  or 

kled,  or  cured  for  future  use.  "Daily  consumption,"  said  this  De- 
Ipartment,  twenty  years  ago,  means  consumption  "  within  a  short  time." 
iThat  view  seems  correct,  but,  nevertheless,  the  law  was  intrinsically 
[incapable  of  exact  execution,  inasmuch  as  it  might  be  diflicult  for  a 
[customs  officer  to  foresee,  or  foreknow,  the  intentions  or  purposes  re- 
[ferred  to. 

I  believe  that  the  fish  clause  quoted  above  h  jm  the  law  of  March  2, 

861,  and  which  levied  a  tax  on  fish,  stood  till  1870,  but  the  free  clause 
|to8  made  in  1870  to  read : 

^'Fislt,f)e8h,  for  immediate  consumption^^ 

The  substitution  of  "  immediate  "  for  "  daily  "  did  not  remove  the 
[perplexity. 

The  Tariff'  Commission  did  not  report  on  the  subject. 

The  tarift"  law  of  1883  taxcs  fish  at  our  seaports,  our  lake  ports,  and 
jon  the  frontier,  by  these  words  in  the  schedule  for  "  Provisions :" 

"Mackerel,  one  cent  per  pound. 

"Herriugs,  pickled  or  salted,  one  half  of  one  cent  per  pound. 

"Salmon,  pickled,  one  cent  per  pound;  other  fis h,  pickled,  in  bar 
[relH,o"e  cent  per  pound. 

"Foreign-caught  fish,  imported  otherwise  than  in  barrels  or  half- 
[barrels,  whether  fresh,  smoked,  dried,  salted,  or  pickled,  not  specially 
[enumerated  or  provided  for  in  this  act,  fifty  cents  per  hundred  pouuds." 

A  subsequent  section  declared  that  the  following  articles,  when  im- 
[ported,  shall  be  e-.empt  from  duty: 

"Fish,  fresh,  toi  immediate  consumption." 


496 


AMERICAN    FISHERIES. 


"Fish  for  bait." 

"Oil,  spermaceti,  whale  iiiid  other  fish  oils  of  American 
and  all  other  articleH  the  produce  of  such  fisheries." 

" S'irimps  or  other  shellfish," 

"Fish-souuds,  or  flsh-bladders." 

T'le  kinds  of  fish  just  described,  having  been  "  specially  enumerated 
or  provided  for"  in  1383,  were  thereby  taken  out  of  the  clause  levying  i 
a  tax  on/om«jrucaught  fresh  fish. 

What  has  happened  in  the  execution  of  the  free-fish  clause  during 
the  last  quarter  of  a  century,  whether  the  clause  required  ^^ daily'"  fn 
"imwerfmfe"  consumption,  is  exhibited  in  the  subjoined  Appendix  A, 
It  is  an  unsatisfactory  record  of  an  eflbrt  to  discover  and  execute  an 
intention  of  the  law-makers  which  was  so  ambiguously  expressed  as  to 
lead  to  doubt  and  dispute.  In  1877,  and  after  the  law  of  1870,  tlie  dii- 
culties  were  increased,  partly  by  roason  of  new  contrivances  for  the 
artificial  freezing  of  fish.  , 

At  first  it  was  doubted  by  coUectorf*  whether  or  not  a  fish  caught  in  win- 
ter, thrown  on  the  ice  and  frozen  stiff  while  lying  there,  and  imported 
in  that  condition,  could  be  a  "  fresh  fish,"  as  if  either  a  fresh  flsli  can- 
not bo  frozen,  or  a  frozen  fish  cannot  be  fiesh.    It  was  also  insisted  I 
that  a  fish  caught  in  summer,  "nd  frozen  by  an  artificial  method  coiild  i 
not  be  deemed  fresh,  even  though  as  fresh  as  one  frozen  by  the  natural 
coldness  of  winter  air  in  a  northern  climate.    Then  it  was  said  that  | 
the  produce  of  American  fisheries  could  not  be  carried  into  Canada,  | 
there  artificially  frozen,  and  afterwards  be  exempt  from  tax  when  entered  j 
at  our  ports.    It  was  argued  by  customs  ofiBcers  that  the  quantity  en- 
tered could  be  made  a  safe  test  of  "  immediate  consumption,"  as  if  ens-  j 
toms  officers  could  correctly  ascertain  and  decide  on  the  "immediate" ' 
buying  and  consuming  powers  of  the  people.    There  were  customs  offi- 
cers who  urged  the  Department  to  make  the  distance  of  the  probable  j 
place  of  sale  from  the  place  of  entry  a  test  of  "  immediate  consump- 
tion," as  if  transportation  from  Portland  in  Maine  toa  maik-^t  at  Boston  \ 
could  be  a  legal  test,  and  "immediate"  referred  to  place  rather  than 
time.    One  collector  thout,httw    ity  tons  of  fish  on  one  entry,  at  a  iwrt 
on  the  lakes,  could  not  be  for  "  immediate  consumption"  by  subsequent 
shipment  and  sale  in  the  great  markets  of  Chicago,  Philadelphia,  and 
New  Yo»  k.    It  could  not  be  affirmed  that  the  fish  thus  frozen,  whether 
naturally  or  artificially,  was  either  "  smoked,  or  dried,  or  salted,  or 
pickled."    If  freezing  deprived  the  fish  of  freshness,  it  could  not  well  i 
be  dutiable  as  "  foreign  caught  fish,  fresh ! "    What  sort  of  fish  was  it?  | 
Was  it  old,  stale,  and  decayed  fish  that  buyers  and  consumers  sought, 
bought,  and  would  eat  ?    The  contention  has  gone  on  for  well-nigh  a  I 
quarter  of  a  century,  nor  has  Congress  intervened  to  tax  irozeu  fish  by  j 
other  and  explicit  words  1 

In  June  last  the  interpretation  of  the  law  was  referred  to  the  Solicitor  j 
of  this  Department.  His  opinion,  subjoined  in  Appendix  A,  does  not  j 
relieve  the  enactment  frooi  difficulties  in  uniform  application  at 


AMERICAN   FISHERIES. 


497 


ortsucU  as  the  Constitution  commands.    If  a  collector  shall,  in  order 

)  secure  such  uniformity  at  every  port,  await  the  decision  of  this  De- 

nartment  after  an  exhibition  of  the  facts  surrounding  each  entry,  the 

U  might  become  anything  but  "  fresh." 

This  fish  clause  of  the  tariff  law  affords  a  pertinent  illustration  of  the 

Ud  there  is  of  revising  our  taxing  legislation.    The  draughtsman  of 

,  great  many  of  its  sections,  apparently  unable  to  set  down  clearly  his 

priwse,  and  his  own  idea  of  the  method  of  excuting  it,  has  thrown  upon 

bpraisiiig  or  collecting  oflBceis  the  work  of  ascertaining  the  intentions 

bf  importers,  or  the  uses  to  which  merchandise  can  be,  or  may,  there- 

lileriiut,  which  those  ofi&cers  are  unable  to  perform  in  any  reasonable 

lime,  or  in  any  satisfactory  way.    To  appraising  and  collecting  work  in 

practical  adibinistration  there  is  a  limit,  whicli  our  present  law  too  fre- 

bueiitly  ignores,  and  then  customs  officers  are  unjustly  criticised,  or  con- 

Pemned,  for  not  doing  such  work  properly. 

I  have  dwelt  upon  this  incident  in  our  tariff  legislation  because 

|t  makes  clear,  even  to  the  superficial  observer,  how  man's  inventions, 

iiid  improved  methods  of  rapid  communication  by  steam,  not  only 

owd  down  prices,  and  extend  the  saleable  area  of  one  article  after 

jiflther  year  by  year,  and  month  by  month,  but  even  modify  the  neces- 

iry  interpretation  to  be  given  to  classifications  in  our  taxing  laws.    One 

Inndred  and  three  years  ago — when  the  Treaty  of  Peace  was  signed 

jrliich  apportioned  the  British  empire  in  America  and  its  rights  of 

bing,  between  the  British  Government  rnd  the  thirteen  independent 

ucrican  States— railways  and  steam-engines  were   practically  un- 

nown,  aud  the  use  of  ice  as  now  applied  in  the  fishing  industry  was 

I  uuliuowu.    Even  half  a  century  ago  the  purchase  and  enjoyment  of 

•esh  fish  as  food  were  confined  to  places  near  the  spot  where  the  fish  were 

jaught.  Thus  it  has  come  to  pacs  that  ice  and  railways  have  changed, 

|veu  since  1870,  the  most  obvious  definition  and  the  strictly  literal  ap- 

[lication  of  the  phrase  in  oui  tariff  law,  "  fish,  fresh,  for  immediate  con- 

limption."    Such  causes  of  change  are  constantly  occurring  as  to  other 

licles,  by  reason  of  modifications  in  methods  of  production,  new  com- 

^Dations  of  component  materials,  new  nomenclature,  and  newcommer- 

I  classifications,  which  enforce  the  need  of  frequent  revisions  of  our 

^riff  law,  when  that  law,  instead  of  taxing  simply  a  few  articles,  re- 

pires  the  executive  to  levy  and  collect  multifarious  duties  on  so  many 

m.dreds  and  even  thousands  of  articles. 

I  The  United  States  Commissioner  of  Fish  and  Fisheries  says  in  his 
iport  for  1881: 

I  "In  the  earlier  years  of  the  American  fisheries,  and  in  the  greater 
pundanceof  inshore  fisheries,  with  a  comparatively  slight  demand  in 
Insequencft  of  the  small  population  of  the  country,  and  the  difficulties 
transporting  the  fish,  it  was  quite  possible  to  obtain,  within  easy 
cli  of  our  coast,  fish  enough  to  meet  all  the  requirements.  Now, 
Jth  a  population  of  fifty  millions  of  people,  the  great  decline  of  the  in- 
ore  fisheries,  and  the  ability  not  only  to  transport  fresh  fish  to  any 
a.  Ex.  U3 32 


498 


AMERICAN   FISHERIES. 


distance  inland  without  deterioration,  but  with  also  the  growingdemaaj 
for  salted,  dried,  and  canned  fish,  it  is  of  the  utmost  importance  tj 
every  facility  be  furnished  to  the  fishermen  in  the  prosecution  of  the! 
burliness." 

In  the  report  of  the  Commissioner  for  1882  it  is  said : 

<•  The    work  of  increasing    the  supply  of  valuable  tishes  in  tij 
waters  of  the  United  States,  whether  by  artificial  propigatiou  or  I 
transplantation,  although  very  successful,  may  be  considered  as  jeti 
its  infancy.    It  must  be  remembered  that   the  agencies  which  haJ 
tended  to  diminish  the  abundance  of  the  fish  have  been  at  workfJ 
many  years,  and  are  increasing  in  an  enormous  ratio.    This,  takenf 
connection  with  the  rapid  multiplication  of  the  population  of  the  Uii 
States,  makes  tbe  work  an  extremely  difficult  one.    If  tlie  general  ( 
ditions  remained  the  same  as  they  were  fifty  years  ago,  it  would  bel 
very  simple  thing  to  restore  the  former  c^-nilibrium. 

"  At  that  time,  it  must  be  remembered^  the  ....    Ms  of  preservatmai 
of  loholesale  transfer^  by  means  of  ice,  icere  not  Tcnoicn,  while  the  vmml 
quick  transportation  were  very  limited.    Hence,  a  small  number  of  I 
supplied  fully  the  demand,  with  the  exception,  of  course,  of  species  th| 
were  salted  down,  like  the  cod,  the  mackerel,  and  the  herrings,  (in 
ing  the  sbad.)    At  that  time  a  comparatively  small  quantity  snpplil 
the  demand  for  fresh  fish,  and  it  was  easy  to  more  than  meet  thed 
maud.    Now,  however,  the  conditions  are  entirely  changed." 

In  Appendix  A  will  be  found  "  the  official  correspondence,  opinioij 
and  decisions,''  on  the  subjef-t  of  frozen  fish,  the  record  of  which i 
disclose  to  your  honorable  body  the  vast  amount  of  labor  which  evj 
one  ambiguous  pbrase  in  a  tarifl^'  law  throws  upon  your  Treasury 
partment  and  its  customs  officers.    Our  existing  drag-uet  wartatj 
law  contains  not  only  one,  but  hundreds  of  such  phrases,  andthesea 
the  least  of  its  discreditable,  scandalous,  and  easily  remediable  imp 
fections. 

THK  PRODUCTS   OP  AMERICAN    FISHERIES  EXEMPT  FROM  DUTYJ 

The  clause,  already  (juoted  from  the  law  of  1883,  which  exempts f« 
seaport  taxation  all  fish-oils  of  American   fisheries,  and  "  all  otlj 
articles  the  produce  of  such  fisheries,"  has  a  large  bearing  on  tbej 
quiry  made  of  me  by  the  House.    That  exemption  stands  in  the  la* 
1883,  as  it  stood  in  the  Eevisod  Statutes,  excepting  tbe  immaterial^ 
ditloniu  the  former  of  the  word  "oils"  after  "fish."    Theenactmi 
is  in  il^e  law  of  March  2, 1861,  which  law  secured  the  freedom  of  sij 
articles  from  tariff'  taxes  down  to  the  Revised  Statutes.    The  tarifflq 
of  1857,  and  1846,  contain  the  clause  of  1861.    The  law  of  1841  decla 
that  "  whale  and  other  fish  oils  of  American  fisheries,  and  all  oti 
articles  the  produce  of  said  fisheries,"  shall  be  exempt  from  duj 
Before  1841  the  clause  does  not  appear  in  the  statutes,  and  yei  a  niai 
issued  in  New  York  by  Deputy  Collector  Lyon  in  1828,  and  anothei 
1832,  put  down  as  free;  "Fisheries  of  the  United  States  and  their  l| 
ritories, — all  products." 


AMERICAN    FISHERIES. 


499 


1  also  find  substantially  tbe  same  language  in  two  compilations  of  the 
I (,„,j|}- liiws— oue  by  Meyer  Moses  in  1830,  and  one  by  E.  D.  Ogden  in 
i  1840-  ami  still  another  compilation,  in  1828,  by  "  James  Campbell,  entry 
[clerk  custom-house,  Now  York,"  in  which  ho  enumerates  "tish  of  the 
fisheries  of  the  United  States  or  its  Territories,  free."    Mr.  Ogden  was 
forinauy  years  chief  entry  clerk  at  the  port  of  New  York,  and  a  com- 
piler of  the  revenue  laws.    In  his  edition  for  1840  he  cites  as  authority 
for  the  phrase  the  acts  of  July  14,  1832,  1840,  and  1841.    The  ex- 
1  iilanatioa  is  probably  this:  The  final  clause  of  the  first  section  of  act 
of  August  10, 1790,  levies  duties  on  a  plan  unlike  that  now  used.    It 
liixesatfive  per  cent,  ad  valorem  certain  classes  of  merchandise,  and  then 
Iresciies  from  taxation  certain  specified  cominodities,  "  and,  generally, 
1  articles  of  the  growtli,  the  product,  or  manufactures  of  the  United 
|S/fl(fs."   The  two  sentences  next  to  the  last  in  the  first  section  of  the 
{law  of  April  27, 1816,  impose  duties  "on  spermaceti  oil  of  foreign  fish- 
|iiij.',{aii(])  on  whale  and  other  fish  oil  of  foreign  fishing."    The  language 
[in  that  law,  as  to  the  products  named,  is  precisely  the  same  as  that  used 
|iu  the  present  tariff,  with  the  single  substitution  in  the  latter  ^*  of  Amcr- 
liMii fisheries "  for  the  words  "  of  foreign  fishing"  in  the  former.    My 
IcoDclusiou  is  that  only  the  products  of  foreign  fishing  having  been  pro- 
Ivided  for  as  dutiable,  the  products  of  American  fisheries  were  by  a  clear 
cation  exempted  from  duty  as  the  products  of  the  United  States. 
JTbat  they  were  the  products  of  the  United  States  is,  it  seems  tx)  me, 
jpttt  beyond  question  by  the  fact  that  bounties  were  paid  to  vessels  en- 
Igajjed  i»  American  fisheries. 
Ill  1830,  it  was  decided  by  Mr.  Justice  Story  that  when  whales  have 
»'ii  caught,  and  oil  has  been  therefrom  produced,  by  the  crew  of  an 
iiiiericun  vessel,  the  oil  is  not  the  product  of  "foreign  fishing"  and 
Jlutiable,  even  although  owned  by  aliens  when  entered  at  our  ports.  He 
aiil  that  the  inquiry  whether  or  not  the  oil  was  of  "  foreign  fishing" 
jicpemlcd  upon  the  nationality  of  the  vessel  when  the  whales  were 
aught  and  the  oil  extracted,  and  not  upon  any  subsequent  events. 
Ill  a  series  of  comparatively  recent  decisions  by  this  Department, 
«|)ie.s  of  the  tex<^  of  which  will  be  found  iy  AppenJix  B,  Fisheries 
(lave  been  defined  as  "  Amer^can^^  within  vhe  meaning  of  our  revenue 
^ws,  although  the  taking  of  the  fish  be  on  the  high  seas,  or  within  a 
lorcii,'!!  jurisdiction.    That  should  in  part  be  so  for  other  reasons  than 
Fere  assigned  in  those  decisions,  inasmuch  as  customs  duties  are,  in 
leiieral,  only  imposed  on  articles  when  imported  from  a  port,  or  place, 
pitliiii  the  exlusive  dominion  of  a  foreign  State,  which  could  not  be 
"iiilof  tish,  or  their  products,  arriving  from  the  ocean  where  the  fish 
he  caught. 

The  phrase  "  fisheries  of  the  United  States"  is  in  tho  first  ,ariff  law 
nacted  by  the  first  Congress  which  sat  under  the  Constitution,  and 
pe  test  of  American  fishing  has,  from  that  day  to  this,  uniformly  been 
r  "atioiiality  of  the  vessel,  regardless  of  the  place,  where  the  fish 
pre  taken.    Even  the  Treaty  of  Washington,  which  admitted  free  of 


500 


AMERICAN   FISHEKIES. 


duty  into  each  country  lish  of  all  kinds  being  the  produce  of  the 
eries  of  eitber  country,  excepting  flsli  of  the  inland  lakes  and  of  ttel 
rivers  falling  into  them,  left  fish  caught  therein  by  American  vesscJ 
entitled  to  free  entry  in  our  ports  as  foriherly.    Our  Supreme  CourtI 
declared  in  1870  that,  subject  to  the  paramount  right  of  navigation! 
(the  power  to  regulate  which  is  in  the  Federal  Government),  each  States 
owns  the  bed  of  the  tide  waters  within  its  jurisdiction,  and  niayapiiiJ 
priate  them  to  be  used  exclusively  by  its  citizens  as  a  common  fore 
tivating  and  taking  fish  if  navigation  be  not  impeded ;  but  the  treaty o^ 
1854  gave,  nevertheless,  to  British  subjects,  in  common  with  Americanl 
citizens,  the  liberty  to  fish  on  our  coasts  north  of  the  SOth  parallel o(| 
north  latitude,  and  the  treaty  of  1871  gave  the  liberty  north  of  tlie39thl 
parallel.    Those  treaties  having  fallen,  and  the  fishing  rights  of  Massal 
chusetts  on  her  coasts  having  returned  to  her,  she  may  permit  BritisW 
vessels  to  fish  on  her  coasts,  but  then  it  could  not  be  said  that  theifislij 
if  entered  at  our  ports,  hail  been  imported  from  a  foreign  port.  Bo| 
apart  from  such  an  improbable  incident  to  complicate  the  proposil 
tion,  it  maybe  safely  affirmed  that  all  fishing-grounds,  ^vhether  oij 
the  high  seas  or  on  the  Canadian  coasts,  secured  to  us  by  treaty  stipulai 
tions,  are  "American  fisheries,"  if  the  fish  are  caught  by  vessels  red 
ularly  documented  by  the  Treasury  Department.    In  that  sense  and  I 
that  end,  the  ocean  and  certain  Canadian  coasts  are  (under  the  treatie| 
of  1783  and  1818)  our  "  fishing-grounds." 

WHAT  VESSELS  ARE  AMEBIC  AN  VESSELS? 

In  this  relation — which  concerns  the  freedom  from  taxation  at  oq] 
ports  of  fish  products  taken  in  the  sea  or  on  Canadian  coasts,  andalsi 
concerns  our  j)ending  serious  differences  with  the  British  Government- 
it  is  inii)ortant  to  realize  what  constitutes  an  American  vessertlia 
capable  or"  enlarging  the  area  from  which  free  fish  can  ho  entered! 
our  ports.    Congress,  notably  by  the  enactment  of  July  C,  1881,  hai 
committed  to  the  head  of  this  Department  the  supervision  of  thocoiil 
mercial  marine  and  merchant  seamen  of  the  United  States,  and  of  tl^ 
decision  of  all  questions  relating  to  the  issue  of  registers,  enrollmeuti 
ai}d  licenses  of  vess  els,  and  to  the  preservation  of  those  dociiiiienti 
Whether  or  not  a  private  vessel,  claiming  to  be  American,  is  America^ 
and  entitled  to  carry  and  display  that  flag,  depends  solely  on  tlieelia 
acter  of  the  ship's  papers  that  it  carries  by  the  permission  of  Coneresj 
given  under  the  attestation  of  this  Department.     The  only  question  | 
this :  lias  the  vessel  conformed  to  the  laws,  not   of  a  foreign  couiiti 
but  of  the  United  States  ?    In  the  decision  of  that  question  her  i)ap 
must  be  prima  facie  evidence  against  all  the  world.    These  considen 
tions  are  elementary,  but  they  are  imoortant  now  as  defluing  what  i 
"American  fisheries,"  whose  products  are  in  our  ports  exem[)t  froj 
customs  taxes. 

The  section  of  our  law  which  authorizes  a  vessel,  licensed  for  carij 
ing  on  fishery,  to  "  touch  and  trade  at  any  foreign  port "  is  not  a  model 


AMERICAN   FISHERIES. 


501 


contrivance  for  modern  exigencies,  as  Cnnadian  local  oflQcials  intimate, 

;  has  been  on  our  statute  book  since  171).'>.     As  literally  reproduced 

liiisi'Ctioii  43(il  of  the  lievised  Statutes,  it  gives  the  inrmission  of  this 

JDepartinent  \o  any  vessel,  so  licensed  for  carrying  on  the  fisheries  of 

iTiiited  States,  to  enter  British  or  other  foreign  ports,  as  aconimer- 

jcinl  vessel,  and  to  there  enjoy  the  rights  and  privileges  accorded  to  ves- 

L'ls  of  llio  Ignited  States  sailing  "forCign"  under  a  register,  and  not 

jeugaged  in  the  fisheries.    The  permission  thus  given  to  fishing  vessels 

|to"touch  and  trade"  has  been  understood  by  this  Department  for 

warly  a  hundred  years  as  conferring  upon  the  vessel  a  right  to  land, 

^nd  to  receive  on  board  a  cargo  of  merchandise,  in  the  same  manner  as 

f  suo  were  not  engaged  in  the  fisheries.    On  the  return  of  the  vessel  to 

[the United  States,  she  is  required  to  make  regular  entry,  and  to  be  in 

pill  respects  subject  to  the  regulations  prescribed  for  vessels  arriving 

001  foreiftu  ports. 

MEDIiEVAL  RESTRTCTIO*rS  ON  FREE  NAVIGATION. 

The  stipulations  of  the  treaty  of  1815  only  applied  in  our  favor 
\a  Britisli  territories  '*  in  Europe.''^  If  they  were  applicable  now  to 
British'  territories  in  America,  the  present  differences  in  Uritish 
Uth  America  should  not  exist,  for  the  first  article  of  that  convention 
pdnresthat  "the  inhabitants  of  the  two  countries,  respectively,  shall 
laveliberty,  freely  and  securely,  to  come  with  their  nhipa  and  cargoes  to 
Isnch  places,  ports,  and  rivers,  in  the  territories  aforesaid,  to  whioii 
Jther  foreigners  are  permitted  to  come,  to  enter  into  the  same,  and  to 
bain  and  reside  in  any  partu  of  the  said  territories,  respectively." 
The  second  article  stipulates  that,  as  to  "  the  intercourse"  between 
lie  United  States  and  British  possessions  in  North  A  merica,  '^  each  party 
pall  remain  iu  the  complete  pos';cssion  of  its  rights." 
In  1827,  when  the  treaty  of  1815  was  extended  for  an  indefinite  time. 
be  United  States  struggled  iu  vain  with  England  for  a  more  liberal 
peaient,  or  a  more  liberal  interpretation  of  that  of  1815,  but  could 
ptain  neither. 

jSuch  liberty  of  access  by  American  vessels  to  British  colonial  ports  on 

icontiuent  was  the  subject  of  fruitless  negotiation  by  each  of  the 

(stsix  Presidents.    The  endeavor  was  continued  during  forty  years, 

^(l\ras  only  successful  in  the  hands  of  General  Jackson,  as  President, 

•  VanBureuas  Secretary  of  fetate,andMr.McLaneas  Minister  to  Lon- 

kii,andthenby  concerted  legislationrelatingat  first  only  to  the  British 

lestlndies.    It  having  been  arranged  that  there  Avould  be  legislation  at 

pdon  opening  to  us  the  British  colonial  ports  to  the  south  of  us  on  this 

Btinent,  Congress,  on  May  29,  1830,  authorized  7  resident  Jackson  to 

iclaimour  ports  open  "  indefinitely,  or  for  a  fixed  term,"  to  British 

«l8  from  the  islands,  provinces,  or  colonies  of  Great  Britain,  on  or 

w  the  JfortU  American  continent,"  and  north,  south,  or  east  of  the 

F«»l  States. 

«n  thereafter,  and  on  October  6, 1830,  President  Jackson  did  issue 
tproclamation,and  on  June  20, 1884,  Congress  again  reduced  tonnage 


502 


AMERICAN   FISHERIES. 


dues  on  Cauailiau  vessels  of  all  sorts  entering  our  ports.  By  8ucli  con- 
certed  and  reciprocal  legislation,  the  mediaeval  barriers  around  colonial 
possessions  in  America  by  which  the  mother  country  had  so  long  eudeav. 
ored  for  her  own  benefit  to  hamper  and  restrict  the  trade  of  the  colonies 
and  to  levy  differential  duties  in  favor  of  colonial  produce,  have  been 
brolvcn  down.  The  Privy  Council,  and  the  Governor-General  of  the 
Dominion  of  Canada,  while  conceding  that  Canadian  ports  are  now  open 
to  American  trading  vessels,  attempt  to  apply  that  mediycval  ami  ( 
carded  restrictive  system  to  American  fishermen  on  the  high  seas. 

In  1845,  after  many  years  of  effort  by  the  United  States,  England  I 
again  relaxed  the  rigor  of  the  restrictions  of  her  ancient  laws  of  trans- 
portation, as  applied  to  her  colonies,  and  the  two  countries  entered  j 
upon  a  new  period  of  prosperity  flowing  from  the  unhindered  carriage  I 
of  merchandise  in  bond  by  land  and  water.    That  legislation  covering 
the  British  North  American  provinces  began,  on  our  part,  on  March  j 
3, 1845.    In  184G  came  the  comprehensive  system  of  warehousing,  the 
general  features  of  which  are  now  in  force,   devised  and  perfected, 
during  the  administration  of  Preftident  Polk,  by  my  distinguished! 
predecessor,  Mr.  Robert  J.  Walker.    In  1849,  1850,  1854,  and  subse- 
quently, that  system  of  warehousing,  and  transportation  iu  bond  by] 
railway  and  steamboat,  has  been  amended  and  Improved  so  that  today 
we  of  the  United  States  and  they  of  the  Dominion  of  Canada  are  m\)-\ 
iug  the  advantages  of  an  international  organization  by  whicli  mer- 
chandise, whether  dutiable  or  free,  and  if  dutiable  without  paymentj 
of  duties  iu  ti'ausit,  can  ;f  entered  at  one  of  our  i)orts  proceed  imme-j 
diately  over  our  territory  to  Canada,  or,  if  landed  at  a  Canadian  port,; 
can  come  freely  to  its  destination  in  the  United  States,  or  can  pass  fromj 
one  of  our  own  ports  to  another  over  Canadian  soil,  and,  in  like  manner.  | 
from  one  Canadian  port  to  another  over  American  soil.    It  is  to  be  re-i 
gretted  that  the  British  Iforth  American  provinces  impede  and  impairj 
the  full  fruition  of  this  beneficent  system  of  international  iutercoursel 
and  transportation  by  unworthy  and  petty  spite  in  their  ports  against] 
American  deep-sea  fishermen. 

From  1812  to  1832,  the  aggregate  annual  traflSc  between  the  Unitei 
States  and  the  British  North  American    provinces  averaged  onlyj 
$3,257,153 ;  from  1832  to  1845  it  rose  to  $6,313,780,  but,  under  liben 
transportation  arrangements,  it  rose  from  1840  to  1853  to  no  less  auanj 
nual  average  than  $14,230,763,  leaving  in  our  favor,  during  tbat  perio(^ 
of  eight  years,  a  balance  of  trade  of  over  40|  millions  of  dollars. 

It  was  in  1845  that  England,  changing  her  colonial  policy,  mpH 
ered  the  Canadian  provinces  to  make  a  tariff  on  imports  to  suit  themj 
selves.  During  the  next  year  those  provinces  removed  the  barriea 
against  American  products  which  existed,  iu  the  form  of  differeutiar 
rates  iu  favor  of  British  products,  and  admitted  commodities  from  oni 
side  of  the  line  on  the  same  terms  as  commodities  were  admitted  coni^ 
ing  from  British  ports.  In  1849,  England,  having  by  her  Minister  ?f 
Washington  previously  communicated  with  the  Treasury  Departmefltr 


AMERICAN   FISHERIES:!. 


503 


bresented  a  further  proposition  for  a  further  reciprocal  relaxation  of 
oniuierciiil  restrictions  which  impeded  trade  across  the  boundary  line. 
he  administration  of  President  Fillmore  endeavored  to  promote  the 
ibject  for  which  my  predecessor  iu  this  Department,  Mr.  Robert  J. 
ffalkcr,  strove,  in  1846,  in  his  correspondence  with  the  British  Min- 
ister. 

This  good  result  of  only  a  partial  experiment  of  reciprocal  comity 

Ltnrally  led  to  negotiations  for  a  more  comprehensive  international 

angeracut,  atd  such  a  one  was  concluded  in  1854  by  negotiations 

londticteil  at  Washington,  on  our  side  during  the  administration  of 

Ipresiilciit  Pierce  by  a  wise  and  illustrious  statesman  and  citizen  of 

ifw  York,  Mr.  Marcy,  who  was  then  Secretary  of  State.    That  reci- 

liocity  treaty  was  in  force  till  1806,  a  period  covering  our  civil  war. 

Unikrits  influence,  the  aggregate  interchange  of  commodities  between 

selves  and  the  inhabitants  of  all  the  British  provinces— 'number- 

b  not  as  many  as  those  of  the  State  of  New  x'ork — rose  from  an 

Mual  average  of  a  little  over  14  millions  of  dollars,  in  the  previous 

light  years  to  over  33J  millions  in  gold  in  1855,  to  nearly  50  millions 

il856,  and  to  84  millions  in  the  last  year  of  its  existence.    During  the 

|iirteeu  years  the  British  provinces,  according  to  their  oflQcial  returns, 

nrchased  from  us  articles  valued  at  over  359J  millions  of  dollars  in 

(old,  and  we  bought  from  them  197  millions,  thus  making  an  iuterna- 

ional  trafiQc  of  nearly  556J  millions  of  dollars  on  a  gold  valuation. 

lean  but  think  that  if  that  treaty  of  1854  had  remained  in  force  till 

k  day,  the  two  peoples — divided  by  a  boundary -line  which  can  only 

m  difficulty  be  discerned  from  the  Arctic  ocean  to  the  Pacific,  from 

M  Pacific  to  Lake  Superior,  and  from  Lake  Ontario  to  the  Atlantic — 

[onld  now  be  one  people,  at  least  for  all  purposes  of  production,  trade, 

pd  business. 

JDuring  the  past  summer,  while  American  vessels,  regularly  docu- 
lented,  bave  been  excluded  from  the  hospitality  and  privileges  of 
adingiuCauadian  ports,  Canadian  fishing- vessels  have  been  permitted 
lelj  to  enter  and  use  American  ports  along  the  New  England  coast, 
kvebeen  protected  by  this  Department  in  such  entry  and  use,  and 
p  not  been  required  to  pay  any  other  fees,  charges,  taxes,  or  dues 
lanbave  been  imposed  upon  the  vessels  of  other  governments  similarly 
Mted.  The  hospitality  elsewhere,  and  generally  extended  in 
ritish  ports  to  Anjerican  commercial  vessels  has  not  been  less,  in 
ality  or  quantity,  as  I  am  informed,  than  the  hospitality  extended 
jBritish  vessels  in  American  ports ;  but  there  is  this  marked  differ- 
tbat,  while  this  Department  protects  Canadian  fishermen  in 
nse  of  American  ports,  the  Dominion  of  Canada  brutally  ex- 
pdes  American  fishermen  from  Canadian  ports.  This  dependence 
[port  hospitality,  as  between  this  Government  and  the  British 
pvernment,  iu  respect  to  vessels  of  either,  is  emphasized  by  the 
pntfenth  section  of  the  law  of  June  19,-1886,  empowering  the  Presi- 
W  to  suspend  commercial  privileges  to  the  vessels  of  any  country 


504 


AMEBIOAN   FISHERIES. 


denying  the  Haino  to  United  States  veasels.    Tbat  section  is  in  liarmonv 
with  a  section  in  the  British  navigation   law   Mhich  authorizes  tU ! 
Queen,  whenever  British  vessels  are  subject  in  any  foreign  coiiQtrvtu 
prohibitions  or  restrictions,  to  impose  by  order  in  council  suclj  prolii-  j 
bitions  or  restriiitions  upon  the  ships  of  8U(!h  foreign  country,  either  I 
as  to  voyages  in  which  they  may  engage,  or  as  to  the  articles  which  | 
they  may  imi)ort  into  or  export  trom  any   British  possession  in  any 
part  of  the  world,  so  as  to  place  the  ships  of  such  country  on  as  nearly  j 
as  possible  the  same  footing  in  British  ports  as  that  on  which  British  j 
ships  are  plaiced  in  ports  of  snch  country. 

KEVENUE  LAWS  AND  REGITLATI0N8. 

The  head  of  this  Department,  having  the  responsibility  of  enforc  j 
ing  the  collection  of  duties  upon  such  a  vast  number  of  imported  arti- 
cles, under  circumstances  of  so  lou  g  a  sea-coast  and  frontier  line  to  be] 
guarded  against  the  devices  of  smugglers,  should  not  bo  inclined  to  uii- 
dorestimato  the  solicitude  of  the  local  officers  of  the  Dominion  of  Can- 
ada to  protect  its  own  revenue  from  similar  invasion.    The  laws  fortheS 
collection  of  duties  on  imports  iu  force  iu  the  United  States  and  in  tliej 
Dominiou  of  Canada,  respectively,  will  be  found,  ou  comparison,  to  be! 
on  many  points  similar  in  their  objects  and  methods.    They  sboiildi 
naturally  be  similar,  for  both  had,  iu  the  beginning,  the  sam&eoinmoiij 
origin.    In  the  United  States,  Congress  has  divided  the  territory  of cachj 
State  by  metes  and  bounds,  usually  by  towns,  cities,  or  counties,  into  coif 
lection  dist^ricts,  for  the  purpose  of  collecting  Juties  on  imports,  andinj 
each  collection  district  has  established  a  port  of  entry  and  ports  of  de-j 
livery.    In  that  manner  all  our  sea-coast  frontier  is  subdivided  for  rev] 
enu©  purposes.    The  object  of  our  law  is  to  place  every  vessel  arriving 
from  a  foreign  port  in  the  custody  of  a  customs  officer  immediately  iipoit 
her  arrival,  in  order  that  no  merchandise  may  be  unladen  therefron 
without  the  knowledge  of  the  Government.    The  Canadian  law  is  inucli 
the  same  as  our  own  in  that  regard,  and  in  comparison  with  our  owi^ 
does  not  seem  to  me  to  be  unnecessarily  severe  in  its  general  provision 
Our  own  law  provides,  for  example,  (sec.  2774,  Eev.  Stat.,)  that- 

"  Within  twenty-four  hours  after  the  arrival  of  any  vessel,  Irom  au^ 
foreign  port,  at  any  port  of  the  United  States  established  by  law,  afl 
which  an  officer  of  the  customs  resides,  or  within  any  harbor,  inletj 
or  creek  thereof,  if  the  hours  of  the  business  of  the  office  of  the  ( 
officer  of  customs  will  permit,  or  as  soon  thereafter  as  such  hours  vil 
permit,  the  master  shall  report  to  such  officer,  and  make  report  to  thj 
chief  officer,  of  the  arrival  of  th  a  vessel ;  and  he  shall  within  lortyeig 
hours  after  such  arrival  make  a  further  report  in  writing  to  thecollectoi 
of  the  district,  which  report  shall  be  in  the  form,  and  shall  contain  aj 
the  particulars  required  to  be  inserted  in  and  verified  like  the  mai 
Every  master  who  shall  neglect  or  omit  to  make  either  of  such  repon 
or  declaration,  or  to  verify  any  such  declarations  as  required,  oi'  i 
not  fully  comply  with  the  true  intent  and  meaning  of  this  section,  sbs 
for  each  offence  be  liable  to  a  penalty  of  one  thousand  dollars." 


AMERICAN    FISHERIES. 


506 


Condemnation  does  not,  in  the  opinion  of  this  Department,  justly 
rest  uiwn  the  Dominion  of  Canada  bocanso  she  has  upon  lior  statuto- 
books  and  enforces  a  law  Himilar  to  the  foregoing,  but  bocauso  slie  re- 
fnsos  to  i)oriiiit  American  deep-sea  Ashing  vessels,  navigating  and  nsiiig 
the  ocean,  to  enter  her  ytOTia  for  tlio  ordinary  purposes  of  trade  and 
commerce,  even  though  they  have  never  attempted  to  (iNh  within  tlie 
territorial  limits  of  Canada,  and  intend  obedience  to  every  rccpiire- 
iiipiit  of  the  customs  laws,  and  of  every  other  law  of  the  port  which 
sncli  vessels  seek  to  enter.  American  flshing-vessels  duly  authenti- 
cated by  this  Department,  and  having  a  permit  "  to  touch  and  trade," 
sboulil  bo  i)orinitted  to  visit  Canadian  ports,  and  buy  supplies,  and  en- 
joy ordinary  commercial  privileges,  unless  such  a  right  is  withheld  in 
(iiir  porta  from  Canadian  vessels.  That  right  is  denied  by  the  Privy 
1  Ooiiiiciland  the  Governor-General  of  the  Canadian  Dominion,  upon  the 
ground  that  it  would  be  in  effect  a  pro  tanto  abrogation  of  the  treaty  of 
1813.  Tliat  contention  is  an  error,  in  the  opinion  of  this  Department,  be- 
I  canse  the  treaty  of  1818  has  no  application  to  the  subject-matter.  If  the 
right  claimed  by  this  Department  for  American  vessels  authenticated 
I  by  this  Department  were  conceded  by  Canada,  it  would  only  apply  to 
a  few  ports  established  by  law  for  the  entry  of  foreign  vessels,  and 
I  would  merely  enable  United  States  flshing-vessels  to  pursue  their  reg- 
I  iilar  busiuess  after  entry  into  or  departure  from  sucli  ports,  under  the 
same  rules  and  regulations  as  are  applied  to  the  commercial  vessels  of 
other  nations.  We  ask  that  American  fishing- vessels  shall  enjoy  hos- 
pitality ill  such  Canadian  ports  as  are  set  apart  for  the  entry  of  foreign 
vessels,  for  the  unlading  and  shinment  of  merchandise,  and  generally 
I  for  foreign  CDmmerce. 

This  Department  has  had  occasion  in  the  past,  and  may  be  compelled 

I  in  the  future,  to  seize  and  prosecute  to  forfeiture  foreign  as  well  as 

domestic  vessels  violating,  in  our  own  ports,  the  customs  law,  but  I  be- 

liiivetbere  never  has  been  in  the  past,  and  I  hope  there  never  will  bo 

iu  the  future,  such  passionate  spite  displayed  by  the  officers  of  this 

iGovernmeut  as  has  during  the  last  summer  been  exhibited  in  the  Do- 

piuion  of  Canada  towartl  well-meaning  American  fishermen.    Congress 

Ihas forbidden  the  Head  of  this  Department  to  prosecute  even  for  evasion 

joftarifif  law  unless  satisfied  of  "an  actual  iuteutiou  to  defraud."  . 

|lOSNAGE  OF  VESSELS  ENGAGED  IN  AMERICAN  FISHERIES,  AND  THE 
NATIONALITIES  OF  THE  FISHERMEN. 

Daring  the  periods  of  the  inquiry  made  of  me  by  the  House,  the  ton- 
jnaRe  of  American  flshing-vessels  of  over  twenty  tons  burden,  other 
[than  whalers,  will  be  seen  iu  Appendix  D. 

That  tonnage  reached  its  maximum  (203,459)  iu  18G3,  and  during  the 
Bnbseqnent  seven  years  diminish^  by  more  than  70  per  cent.  The 
pwest  number  of  tons  was  touched  iu  the  middle  of  the  period  be- 
tween the  expiration  of  the  reciprocity  treaty  of  1854  and  the  con- 
psiouof  the  treaty  of  Washington  of  1871.  The  falling  off  is  per- 
TO  to  be  attributed  iu  great  part  to  the  repeal  iu  18GG  of  the  laws 


50G 


AMERICAN    FISHERIES. 


iillowinj?  bounties  to  the  vessels  engaged  in  the  flsheries.  Uvtlmlaw 
of  18l.'{  tliere  was  pai<l  to  tlie  collector  of  the  district  wIuto  mucIi  vm. 
sels  belonged,  to  tl»e  owner  thereof  if  the  vessel  had  been  einplo.edat 
Hea  in  fishing  for  the  lerm  of  four  months,  and  for  each  ton  buiden 
a  Hpecillcd  sum,  not  to  exceed  $L*72  on  any  one  vessel  ft)r  oim  wumi),  of 
whit'h  bounty  I hree-eighths  accrued  to  the  owner  and  the  other  llvp 
eighths  to  the  several  llshennen.  In  1817  it  was  enacti-d  that  iln! 
lM)unty  shall  be  paiil  only  to  vessels  whereof  the  otllcers  and  at  least 
three  fourths  of  the  crew  shall  bo  citizens  of  the  United  StatM, 
or  persons  not  the  subject  of  any  foreign  prince  or  states  In  l,si!). 
soon  after  the  coii'ilusion  of  the  treaty  of  1818,  the  boiiiitics  were  in 
(Teased,  but  !kot  to  exceed  $3(50  for  each  vessel.  In  18G4  it  was  cnaiited 
that  the  bounty  shall  not  thereafter  be  paid  to  aiiy  vessel  luitil  satix 
factory  proof  shall  have  been  furnished  to  the  collector  of  ciiHtoinstiiat 
the  import  duty  imposed  by  law  upon  foreign  salt  has  been  paid  on  all 
foreign  salt  used  in  curing  the  fish  on  which  the  claim  to  the  allowauce 
to  the  bounty  is  based,  and  the  law  was  repealed  on  Juno  1*3,18(14 
(U.  S.  Stats,  at  Large,  vol.  13,  p.  201),  which  required  two  lliirdH  of 
those  on  board  to  be  American  citizens.  On  July  28,  18G(i,  all  laws 
and  parts  of  laws  allowing  fishing-bounties  to  vessels  thereafter  licensed 
to  engage  in  the  fisheries  was  also  repealed,  but  under  the  condition 
that  duties  shall  be  remitted  on  all  foreign  salt  used  by  such  vessels  in 
curing  fish.  It  seems  quite  probable  that  anticipation  of  the  enact 
ment  repealinar  bounties  induced,  in  great  part,  the  great  falling  olT  in 
tonnage  between  18G2  and  1809. 

The  best  estimate  that  can  be  made  by  this  Department  of  the  rcla 
tion  of  aliens  to  citizens  engaged  in  American  flsheries,  in  the  Iforth 
Atlantic,  other  than  whalers,  is  that  during  the  last  year  (1880),oftlie 
14,240  employed,  seventy-eight  per  cent,  were  American  citizens. 

PRESENT    CONDITION    OF    AMERICAN    FISHERIES,    AND    THE    SUM  OP 
DUTIES  COLLECTED  ON  FOREIGN  FISH. 

On  May  28,  1886,  and  in  furtherance  of  a  suggestion  made  by  our 
Fish  Commissioner,  this  Department  issued  a  circular  letter  of  in- 
struction to  collectors,  a  copy  of  which  will  be  fcand  in  Appendix  E, 
The  replies  received  have  been  transmitted  to  that  Commission,  and 
therefrom  valuable  facts  respecting  our  fisheries  have  been  obtaina', 
some  of  which  the  Commissioner  has  kindly  grouped  and  placed  at  my 
disposition.    They  are  respectfully  submitted  to  the  House  m  Api^n- ; 
dix  E.    In  Appendix  C  will  be  found  such  an  exhibition  of  tbedutis : 
collected  on  fish  as  the  records  of  this  Department,  for  reasons  set  j 
forth  in  the  Appendix,  make  available  for  immediate  presentation  to  | 
the  House. 

Respectfully,  yours, 

DANIEL  MANNING, 

Secretary  of  the  Treasurf 

The  Honorable 

The  Speaker  of  the  House  of  Representatives. 


APPENDED  A. 


VKOZKN  FISH. 


CusTOM-IIousK,  Boston, 

Colleotor'i  Office,  June  16, 1866. 

Hod.  HCOUMCCULLOCH, 

Seoretaty  Treamrtj : 

Sir:  The  act  of  March  2, 1801,  relatiuu  to  tInticHon  imports,  provides  in  aootion  10 

I  for  a  duty  on  "fresl J  fish  foreign  caught  not  otherwiso  provided  for."    Among  tlie 

iriiclej)  cnaniorated  in  section  23  same  act,  aa  exempt  from  duty  is,  "  Fish,  fresh 

caiiuht,  for  d'lily  con8umi)tion." 

Fresh  salmon  nnd  halibilt  in  sma  '  on  vititiiis  are  daily  brought  into  this  port  in 

British  ?e»8olsfrom  the  Provinces  uui.^.iotedly  for  "dally  consumption,"  but  with- 

ontaiiy/ormalevidouco  of  that  fact,  such  importations  have  boon  admitted  free  of 

I  dntv. 

The  appruisorH  hold  that  all  fresh  fish,  sa  impurtod  ir  British  vessels,  is  subject  to 
I  (laty  by  virtun  of  said  section  10. 

j  fboqnpstion  is  constantly  occurring,  and  there  being  a  ditTereiiceoropiiiion  amongst 
onm'ives  hero  as  to  the  construction  of  the  act,  wo  should  feel  much  relioved  if  you 
I  fonld  inve  a  decision  upon  the  question. 

Very  r<»fli)ectfully,  vour  obedient  servant, 

J.  M.  FISKE, 
Speelal  Deputy  Collector. 


TuKASuuY  Department, 

Washington,  D.  V.,Jme  lU,  1866. 

|Coi.a.i,n)u  OF  Customs, 

Boston,  Maes. : 

Sik:  V'liir  commuuication  of  the  lOth  inctant  is  received,  relative  to  the  duty  to  be 
;ii|ioM'(l  on  "fresh  lish,  foreign  caught,  imported  from  Canada  in  British  vessels." 
I;i  ri'i'ly  thereto,  I  would  respectTully  state  that  it  is  the  opinion  of  this  Depart- 
wn;  ih;it  by  that  provision  of  the  tariif  which  admits  to  free  entry  "fish,  fresh 
Icaaubt,  for  daily  consumption"  (section  23,  act  of  March  2,  18ol),  is  understood  to 
Ifinliraceull  lish  imported  for  consnmption,  while  fresh,  ia  contradistinction  to  such 
|xiiiii|;ht  bo  imported  fresh,  to  bo  dried,  pickled,  or  otherwise  cured  for  future  use. 
I  By  the  r'jraso  "daily  consumption  "  it  is  not  understood  that  the  fish  raust  be  used 
lontbodc.y  tliey  are  imported,  but  if  there  is  reasori  to  believe  that  the  fish  are  to  bo 
jnsed  within  a  short  time,  then  they  would  bo  entitled  to  free  entry,  notwithstanding 
llhefact  that  there  may  be  no  formal  evidence  that  they  arc  intended  for  daily  con- 
lioinption. 
By  order : 

I  am,  very  respectfully,  ' 

J.  F.  HARTLEY, 

Assistant  Secretary. 


Treasury  Department,  Office  of  the  Secretary, 

Washington,  D.  C,  January  22,  18C9. 
Thomas  RusdELL,  Esq.,  Collector  of  Customs,  Boston,  Mass.: 

Sir;  In  reply  to  your  letter  of  the  19th  instant,  the  following  dispatch  has  been 
Itbisday  sent  you  by  telegraph  : 
■  "Release  the  sch*  mer  Scud.    Further  by  letter." 

In  the  letter  referred  to,  transmitting  a  communication  from  Lorenzo  Wilson,  char- 
jttrerof  the  fishing  schooner  Scud,  you  state  that  the  schooner  arrived  at  your  port 
Iratlie  14th  instant  with  800  barrels  of  American-caught  herring,  salted,  and  that  the 
ptsflf  the  case  are  as  follcrws: 

mt  after  talt ing  a  fishing  license  of  Eostport,  with  liberty  to  load  and  trade,  the 
Kiiooner  sailed  to  St.  John,  New  Brunswick,  where  her  master  purchased  salt  for  the 
H.  Ex.  78 1  507 


50P 


AMERICA^   FISHERIES. 


voyage  (550  Backs),  witli  twenty-five  "  fiHliiug  ancliors,"  used  for  herring  iieta,  and 
mannfactnred  in  New  Brnnswick. 

She  then  cleared  from  St.  John,  bound  on  u  fishLug  voyage.    On  arrival  at  Boston 
the  master  sold  the  herring  and  lauded  them  without  a  permit.  ' 

The  master,  however,  reported  at  the  custom-house,  where  he  was  inl'oinied  by  the 
clerk,  that  he  was  not  required  to  enter  his  vessel,  she  being  under  a  lisbiug  license, 

You  state  that  you  are  perfectly  satisfied  that  the  parties  interested  acted  m  jriio,i 
faith,  and  that  they  believed  they  had  a  right  to  land  their  cargo  without  oiiti;,  ir 
permit,  or  payment  of  duties,  and  you  recommend  that  the  schooner  bo  allowill  to 
clear  at  once  without  any  proceedings  against  her. 

In  consideration  of  the  alleged  causes  of  her  detention  and  of  your  rccomiiieudiUion 
the  order  for  the  release  of  the  schooner  is  hereby  confirmed,  and  you  will  take  no 
steps  against  any  of  the  parties  to  enforce  legal  penalties  for  landing  the  ca";;o  with- 
out permit. 

You  say  farther  that  the  claimant  has,  by  your  direction,  made  entry  of  his  fish,  and 
made  special  deposit  of  the  amount  of  duties,  viz,  $820,  on  *\\q  ground  that  by  pur- 
chasing salt  in  a  foreign  port  and  mixing  it  with  the  fish  "he  rendered  his  whole  cargo 
datiablo. 

The  Department  Las  hitherto  decided  that  if  foreign  salt  is  used  without  tho  liuiits 
of  the  Unit.Hl  States,  in  curing  fish  of  American  catch,  the  fii>h  are  not  thereby  ren- 
dered dutiable,  nor  is  the  salt  so  consumed  liable  to  duty. 

If  salt  purchased  abroad  for  tho  curing  offish  is  not  consumed  in  the  curing,  but  is 
brought  into  an  American  port,  the  salt  wojld  then  bo  liable  to  duty,  but  tliofislioii 
board  cured  with  sucu  foreign  salt  before  importation  are  free  of  duty. 

You  will  accordingly  refund  tho  sum  deposited  with  you  by  the  claimant  in  pay- 
ment of  duty  8U])posed  to  have  accrued  on  the  fish  imported  in  the  Scud. 
Very  respectfully, 

H.  Mcculloch, 

Secretanj, 


Treasury  Dkpartment,  Office  of  tue  Secretaiiy, 

Washington,  D.  C,  June  4, 18*,'). 
Collector  of  Customs, 

Marquette,  Mich. : 

Sir:  I  am  iu  receipt  of  ycur  letter  of  tho  25tli  ultimo,  inquiring  whether  fisli  which 
are  caught  iu  Canadian  waters,  and  after  being  brought  into  the  United  States  are 
salted  and  packed  in  barrels  or  packed  in  ice,  are  subject  to  duty,  and  if  so,  at  what 
rates. 

In  reply,  I  \/ould  state  that  it  being  as.sumed  that  the  fish  you  refer  to  ere  caught 
from  the  inland  lakes  separating  the  Dominion  of  Canada  from  tho  United  Stato,^,  or 
from  tho  Canadian  tributaries  thereof,  the  same  are  not  exempt  from  duty  by  virtue 
of  the  treaty  of  Washington  of  July  4,  1S71,  and  section  2r)0(>,  Revised  3t.atutes,  in 
pursuance  thereof,  inasmuch  as  fisu,  tho  products  of  the  inland  lakes  and  tributaries, 
are  not  admitted  free  of  duty  rnidor  said  treaty  and  law. 

Tho  general  ))rovision8  of  the  tariff',  however,  allowing  free  entry  of  fresh  M  for 
immediate  consumption,  would,  unuertberulingof  fi'o  Department  giving  construc- 
tion to  the  law,  apply  to  fresh  fish  imported  into  the  United  States  to  be  consumed 
within  a  short  time  thereafter,  us  froKli  fish.  It  will  be  observed,  however,  that  as 
the  question  whether  the  fish  are  for  immediate  consumption  can  bo  absolutoly  veri- 
fied only  in  the  lif,ht  of  facts  occurring  after  they  have  been  ndmittiHl  to  free  entry 
and  have  passet.  from  tho  custody  of  tho  Government,  great  caro  and  circumspection 
will  be  required  on  the  part  of  oflicors  of  the  customs  to  see  that  there  in  no  abnsti  of 
the  privilege  conferred  by  the  law  iu  question.  If  you  have  any  valid  reason  to  uc- 
lievo  tliat  fish  are  being  admitted  to  free  entry  which  are  not  entitled  te  such  privi- 
lege, you  will  deny  free  entrj  thereof,  report  the  facts  to  the  Department,  and  await 
further  instructions. 

Ad  regards  the  fish  salted  and  packed  in  '  rv.rols,  I  have  to  stato  that  if,  as  t'le  De- 
partment infers  from  your  communication,  the  fish  aro  so  salted  and  packed  after 
importation,  they  would,  unless  coming  under  some  one  of  the  spacial  provisions  for 
different  kinds  offish,  including  that  above  referred  to  for  fresh  Lsh,  be  charge<l  wit'i 
duty  at  tho  rate  of  50  cents  per  100  pound:^. 
»  I  am,  very  respectfully 

CHA8.  F.  CONANT. 

Acting  Secretary 


A^MBBICAN  FISHEEIES. 


509 


Treasury  Departmbnt,  June  21, 1876. 

Sir:  I  have  tbo  h(  nor  to  acknowledge  the  receipt  of  your  letter  of  the  26th  ultimo, 
lujlDsiiigaioinmunication  from  John  O'Malley,  of  LaPointe,  Wis.,  making  the  fol- 
lowing iuqairics  i!i  regard  to  American  vessels  tishing  upon  Lalce  Superior,  viz : 

il)  Cnu  an  American  vessel  engage  in  fishing  upon  the  northern  shores  of  Lake  8u- 
inrior  ill  Ciiiiiuiiau  waters,  with  Auierican  twiuo  and  American  labor,  salt  the  fish 
upon  tlio  vessel  and  bring  thorn  into  the  United  States  free  of  duty  ? 

(i)  Does  an  American  vessel  engaged  in  fishing  or  the  coasting  trade,  on  clearing  for 
a  Canadian  port,  become  liable  .  i  tonnage  tax  t 

In  reply  to  tbo  first  question,  I  have  to  state  that  neither  tihe  treaty  of  Washington 
urn  any  other  treaty  with  Great  Britain  authorizes  American  fishermen  to  fish  upon 
thi)  northern  shores  of  Lake  Superior,  or  provides  thit  fish  there  caught  thall  be  en- 
titled to  free  entry  into  the  United  States.  Such  fish,  however  caught,  bjr  permission 
of  tie  Cauadian  government,  poxress  or  implied,  on  American  vessels,  and  salted 
tiicrein,  would  be  duty  free  on  entry  under  the  provision  in  section  2505  of  the  Ee- 
viiied  Statutes  for  "  the  produce  of  the  American  fisheries,"  and  the  decision  of  this 
Department,  contained  in  a  letter  to  the  collector  of  customs  at  Boston,  under  date 
of  the  22(1  of  January,  1869,  to  the  following  effect : 

"If  foreign  sali  is  used  without  the  limits  of  the  Uuited  States  in  curing  fish  of 
American  catch,  the  fish  is  not  thereby  rendered  dutiaMe,  nor  is  the  salt  so  used  lia- 
lile  to  dut;-. 

"If  salt  purchased  abroad  for  the  curing  of  fish  is  not  consumed  in  the  curing,  but 
il  bronght  into  an  American  port,  the  sal*  would  then  be  liable  to  duty,  but  the  fish 
of  American  catch,  cured  with  such  foreign  salt  before  importation,  are  free  of  duty." 

To  die  second  question  J  answer,  that  a  vessel  engaged  in  fishing  or  the  coasting 
trade  docs  not  become  liablo  to  tonnage  tax  on  clearing  for  a  foreign  port. 

Bnt  a  coafiing  vessel  so  clearing  directly,  or  a  vessel  entering  a  Canadian  port  on 
the  lakes  during  a  fishing  voyage,  woul  1  be  required  to  pay  the  tax  on  her  return  to 
tbo  United  States,  provided  It  had  not  been  paid  within  a  year. 
I  have  the  honor  to  be,  sir,  your  obedient  servant, 

CHAS.  F.  CONANT, 

Acting  Secretary. 

Hon.  T.  W.  Ferry, 

Prmdent  of  the  Senate. 


|J.M.  S.T  CcsTOM-HouflE,  Detroit,  Mrcn., 

Collector's  Office,  December  29, 1876. 
k\i:  I  iiave  the  honor  to  represent  that  the  question  has  been  raised  at  this  office 
!  _  M  whether  fresh  dsh  frozen  into  a  paiticular  shape  for  the  preservation  of  the  fish 

Mil  convenience  in  their  transportation  to  all  parts  of  the  United  States  are  dutiable 
I  upon  their  importation  into  the  United  States  or  entitled  to  free  entry  under  thfi  pro- 
I  visions  of  seetion  2505,  Revised  Statutes,  for  "fish,  fresh,  for  immediate  consumption." 

Tlie  preparation  of  the  fish  is  made  under  a  patent  process  owned  by  Messrs.  S.  H. 
I  DiTis  &  Co. ,  of  this  city,  which  patent  was  issued  from  the  Patent  Office  of  the  United 

"  es  April  6,  1875,  and  numbered  161596,  and  also  under  patents  issued  by  the  Gov- 
I  crainentsof  Canada  and  Newfoundland.  The  fish  are  frozen  at  any  time  of  the  year 
I  into  round  cakes  the  thickness  of  one  fish,  with  backs  up,  so  as  to  exactly  fit  into  a 

brrel,  seven  of  said  cakes  exactly  filling  ote  barrel.    In  this  condition  the  fish  are 

preserved  from  decay  and  in  afresh  state  for  any  length  of  time  required,  in  rooms  of 
[alow  temperature,  and  shipped  to  any  point  desired  in  refrigerator  cars  and  vans,  the 
I  patent  oa  which  is  also  owned  by  Messrs.  Davis  u,  Co.  Fish  so  prepared  are,  although 
I  rah,  in  110  sense  intended  for  immediate  consumption,  but  ou  the  contrary  are  in- 

teoded  to  he  retained  in  a  fresh  condition  for  s'uipment  and  future  consumption.  I 
I  »a8  yesterday  shown  a  cake  of  fish  prepared  by  the  process  above  mentioned  over  one 
Ijear  Hgii,  aud  they  had  the  appearance  of  being  as  fi'esh  as  if  newly  caught. 

A  large  quantity  of  fish  are  being  prepared  by- the  process  mentioned  ot  Amherst- 
[Irarg,  Ontario,  and  it  ic  the  intention  of  the  owners  to  import  a  portion  of  the  fish  so 

prepared  into  the  United  States  at  this  port  for  sale  in  the  markets  of  the  United 
I  States. 

In  view  of  the  foregoing  facts  I  have  to  request  that  I  bo  instructed  at  as  early  a 
Ijay  8«  possiblo  as  to  what  course  to  pursue  upon  the  importation  of  fish  prepared  in 
jiiie manner  above  referred  to,  whetlier  I  shall  admit  them  to  free  entry  as  "  fish,  fresh, 
•■or  immediate  consumption,"  or  demand  a  duty  of  50  cents  per  100  pounds. 
'■  am,  very  respectfully,  your  obedient  servant, 
n     ^    „  D.Y.  BELL,  Collector. 

Hon.  L.  M.  Morrill, 

Secretary  of  the  Treaturif,  Wa$liington,  D.  G. 


610 


AMEBICAN  FISHERIES. 


Fiah  frozen  for  transportation. 

Tkbasuby  Department.  January  3,  I877. 

Sir  :  The  Department  is  in  receipt  of  your  letter  of  the  29th  ultimo,  in  which  von 
ask  for  a  decision  as  to  whether  fresh  fish,  frozen  in  harrels,  imported  from  Cauila, 
are  exempt  from  duty. 

It  is  understood  that  the  fish  referred  to  are  caught  in  the  inland  lukeH,  and  con- 
sequontly  that  they  are  not  exempt  from  duty  under  the  Treaty  of  Washington  ami 
section  250G  of  the  Revised  Statutes, 

From  your  statement  it  appears  that  the  fish  are  frozen  in  harrels  under  a  procea  i 
which  has  been  patented  in  the  United  Statec>  and  Canada,  and  that  by  such  processthcr 
aro  preserved  fresh,  and  in  a  condition  fit  for  use  for  an  almost  indefinite  period  of  time, 
v.- hen  they  aro  kept  in  a  low  temperature.  It  is  also  understood  that  Hucb  iisharcnot 
imported  lor  dailj'  consumption  at  or  near  your  port,  but  aro  intended  to  be  trans- 
ported in  refrigerator  cars  (also  patented  for  the  purpose  of  carrying  these  fish)  tn 
dift'erent  parts  of  the  country  for  sale  and  future  consumption. 

Under  these  circumstances,  tbe  Department  is  of  opinion  that  the  fish,  wliou  im- 
ported .'n  the  condition  specified,  are  not  exerop'  from  duty  under  the  provision  for  I 
"fish,  fresh,  for  daily  consumption,"  which,  by  ^Jepartment's  decision  of  June  18 
1866,  was  intended  to  apply  only  to  fish  m  the  natural  condition,  intended  for  use  at ' 
or  about  the  time  of  importation,  ii^ut  are  dutiable  at  the  rate  of  50  ceuts  per  Md ! 
pounds,  under  the  provision  in  Schedule  F  for  "all  other  foreign-caught  fish,  '  '  '  j 
fresh,     •    »    *    not  otherwise  provided  for. 
Respectfully, 

L.  M.  MOEEII.L, 

Secrdari 

Collector  of  Customs, 

Detroit,  Mich. 


Detroit,  January  11, 1877, 
Hon.  L.  M.  Morrill, 

Secretary  of  the  Treasuni,  Washington,  D.  C. : 

Sir:  I  have  the  honor  to  state  that  I  have  this  day  filed  protest  with  the  colloctor | 
here  against  the  payment  of  $18,94  coin  assessed  by  him  upon  3,788  pounds  fresh  lisi 
imported  by  me  tliis  day.  They  aro  caught  in  the  Thames  River  near  Chatham,  ami] 
aent  here  for  immediate  shipment  to  New  York  for  consumption.  It  seems  to  mo  very! 
unjust  that  duty  should  bo  charged  upon  these  fresh  fish  for  immedinio  shipment  to] 
New  York,  Philadelpbia,  or  Cincinnati,  while  (as  the  collector  informs  me)  they  ami 
admitted  free  for  Detroit  market.  Tbese  fish  aro  thrown  into  barrels  and  leftouttol 
freeze  before  they  are  shipped.  I  am  also  occasionally  shipping  some  which  nrofrozenl 
by  patent  process  in  barrels  and  shipped  to  same  points  that  tliese  are,  and  claim  tliey| 
sLoufd  all  be  free,  same  as  heretofore:  it  being,  as  before  stated,  very  unjust  to  diyj 
criminate  between  this  and  other  markets. 

In  view  of  the  foregoing  fact«,  I  trust  you  will  authorize  a  refund  of  tlie  amouct  ei-j 
acted  and  also  instruct  tho  collector  to  admit  future  shipments  upon  free  entry, 
V"\r\  respectfully, 

T.  E,  MERRILL. 


Detkoit,  January  V.,  1877. 

Hon.  L.  .V,    '  i>URiLL, 

Secni^.!  ••  of  the  Trcasurij,  Washington,  D.  C. : 

Sir  :  I  have  the  hoaor  to  state  that  I  have  this  day  filed  protest  with  tho  colkloi 
of  customs  here  against  the  payment  of  $47,58  coin  assessed  by  him  upon  9,5ll 
pounds  fresh  fish  imported  by  me  this  day,  claiming  they  should  be  free  as  tbey  aif 
imported  for  shipment  at  once  to  Philadelpbia  for  immediate  consumption.  Anotliei 
reason  for  claiming  free  entry  on  the  particular  shipment'is  that  they  were  caught  J 
American  waters  and  taken  to  Windsor  and  placed  in  refrigerators,  where  tby .iT 
withdrawn  as  required  for  shipment  to  New  York,  Philadelphia,  and  other  pninis,  s| 
well  as  this  market.  It  seems  to  me  a  very  unjust  diacr'nination  against  citizen^ 
New  York,  Philadelphia,  Cincinnati,  «&c,,  that  they  must  pay  duty  upon  same  l«l 
i\  at  citizens  of  Detroit  would  be  allowed  free  of  duty,  as  the  collector  here  allo«j 
free  entry  upon  all  fresh  fish  which  are  to  be  placed  upon  the  market  lure  for  ooj 
s'jniptioi.. 

Wo  are  bringing  in  both  foreign  and  American  fish  daily,  some  fresh  caught  1 
some  from  the  refrigerators.    They  are  ail  frozen.    Those  that  come  from  the  remj 
erators  will  not  keep  as  long  as  those  fresh  caught,  and  must  of  necessity  be  consamef 


AMERICAN   FISHERIES. 


511 


usoon  as  possiblb  on  arrival  at  destination.    No  salt  or  other  matter  comes  in  con- 
tact with  those  frozen  in  the  refrigerators,  and  I  claim  all  should  bo  admitted  upon 
free  entry.    I  therefore  trust  you  will  autiicriza  a  refund  of  the  amount  exacted  and 
allow  free  entry  of  future  shipments. 
Very  respectfully, 

J.  B.  JESSOP. 


CusTOM-HousK,  Buffalo,  N.  Y., 

Collector's  Office,  January  15,  1877. 

Sir:  Messrs.  Jones  &  Trevallee,  of  this  city,  dosiro  me  to  submit  for  your  decision 
the  following  inquiry:  During  the  season  of  1876  certain  flsh  were  caught  by  fisher- 
men in  their  employ  at  WhiteOsh  Point  iml  Marquette,  Mich.,  in  the  American 
waters  of  Lake  Siiperior,  brought  in  vessels  to  this  port,  and  by  them  exported  to 
Port  Eyorbo,  Ontario,  fresh,  for  the  purpose  of  having  them  frozen  by  a  similar  pro- 
Mfflto  that  mentioned  in  letter  of  Department  to  collector  of  customs  at  Detroit, 
under  date  of  January  3,  1877  (H.  B.  J.). 
They  now  desire  to  return  them  to  this  port^  and  ask  if  they  can  be  brought  in  free 
of  duty,  under  section  1687  of  the  tariff,  which  provides  for  the  free  entry  of  the  pro- 
dncts  of  American  fisheries.    They  have  undergone  no  change  of  condition  except  the 
process  of  freezing  named. 
AJi  early  reply  is  respectfully  requested. 
Bespeotfully, 

R.  W.  DANIF,LS, 

Collector, 
PerC.  C.  CANDEE, 
'  Dtputg. 

Hon.  Secretaky  of  the  Treasubt, 

Washington,  D,  C. 


■  amount  a-\ 
I  entry. 


„  th«  colktol 
m  upon  9|51| 
■eeastbeyai^ 
ion.  AiiotlieL 
,-ere  caught  ii 
.'here  they  "tf 
■her  poiiite.  »l 
nst  citizen*  i| 
pon  same  lisT 
■^r  hero  alW 
here  for  o^ 

ihcttiigWi 
■om  the  rem  j 
beconsiianf 


Hayden.] 

TabASDRT  DUPABTMBNT, 

January  22, 1877. 
ILW.  Daniels,  Esq., 

Collector  of  Customs,  Buffalo,  N.  Y, : 

Sir:  The  Department  is  in  receipt  of  your  letter  of  the  15th  instant,  inquiring 
whether  fish,  caught  in  the  waters  of  Lake  Superior  within  the  jurisdiction  of  the 
United  StatcH,  and  consequently  of  domestic  production,  can  be  carried  to  Canada 
ind  bo  there  subjected  to  a  patent  process  of  freezing  for  the  purpose  of  preservation, 
with  the  privilege  of  free  entry  on  being  returned  to  the  United  States. 

The  process  referred  to,  you  state,  is  similar  to  that  mentioned  in  Department's  letter 
to  the  collector  of  customs  at  Detroit,  dated  the  3d  instant.  In  that  case  the  Depart- 
ment held  that  the  fish,  being  the  product  of  the  Canadian  fisheries,  was  not  entitled 
to  free  entry  either  under  the  treaty  of  Washington  or  the  provision  of  the  free  list 
for  "flsh,  fresh,  for  immediate  consumption,"  which,  under  the  rulings  of  the  Depart- 
ment, applies  only  to  flsh  in  the  condition  when  caught,  and  intended  for  use  at  or 
•iont  the  time  of  importation. 

This  process  being  thns  recognized  as  effecting  a  change  in  the  condition  of  the 

ith,  they  cannot,  on  being  returned  to  the  United  States  under  the  circumstances 
I  detailed  by  you,  be  admitted  to  free  entry  as  American  production  returned  to  this 
I  cooDtry  "  in  the  same  coudition  as  exported." 
'   By  order.  H.  F.  FRENCH, 

Assistant  Secretary. 

I'M. 8,]  Custom-house,  Detroit,  Mich., 

Collector's  Office,  January  17,  1877. 
SiB:  I  submit  the  protests  and  appeals  of  Mr.  T.  R.  Merrill  and  Mr,  J.  B.  Jessop, 
j  respectively  (Nos.  3024e  and  3025c),  from  the  decision  of  this  office,  assessing  duly  at 
I  tlie  rate  of  50  cents  per  100  pounds  on  certain  3,788  pounds  fresh  fish  imported  by 
JKul  Merrill  on  the  Uth  instant,  and  on  9,517  pounds  fresh  flsh  imported  ou  the  same 
jMybygnid  Jessop. 

I  Referring  to  Department's  decision  No.  22a5,  dated  June  4,  1875,  and  to  your  letter 
jM  (H.  B.  J.)  January  3, 1877,  addressed  to  me,  I  have  to  say  that  said  rate  of  duty 
j'»>  assessed  by  me  upon  the  importations  referred  to  for  the  reason  that  the  flen 
|»ere  not  imported  in  their  natural  condition,  and  were  not  intended  for  immediate 


512 


AMERICAN   FISHERIES. 


consumption  ut  or  near  this  port,  but  wore  iutemlod  for  sbipmout  to  New  York  aim 
Fbiladelpbui.  A  large  portion  of  tUo  fish  incUulod  in  tli4>  said  importation  Uy  Mr  J 
B.  Jessop  had  been  originiilly  frozen  in  particular  Bbajics  l>y  Ibo  jjateiit  prncissV 
ferrcd  to  in  my  letter  ot  (J.  M.  S.)  December  29,  187(5,  and  tbo  casksof  lish  go  n^ 
pared,  afleiward,  and  just  previous  to  importation,  broken  up  with  a  view  toovad-  \ 
lug  thi)  payment  of  duty  under  the  decision  in  Department's  sni'i  I'-tcrof  Januarr  '■ 
:J,  1877,  but  not  ko  broken  and  separated  as  to  render  them  unlit  for  Hliipmcnt  and 
preservation  for  a  rcasouablo  leupth  of  time.  The  remainder  of  Iho  fish  iu  Mr.  Jev 
sop's  importation  and  all  of  Mr.  Merrill's  importation  had  been  taken  from  thopem 
in  which  they  wero  kei)t,  packed  in  barrels,  and  then  exposed  to  the  cold  anil  solidly 
frozen  for  convenience  of  shipment. 

My  understanding  of  Department's  decision  in  said  letter  to  me,  dated  Jannarvli 
1877,  was  and  is  that  the  provision  of  law  authorizing  the  froo  entry  of  "fish,  f^ij  i 
for  immediate  consumption, "  is  intended  to  apply  only  to  fresh-caught  lish  in  their  I 
natural  condition,  and  in  such  quantities  as  is  reasonable  to  suppose  areforimme- 
diato  and  daily  consumption  at  or  near  the  port  whore  imported,  and  that  all  fish  ii'- 
ported  in  such  condition  and  quantity  as  to  warrant  the  belief  that  they  are  intended  I 
for  shipment  to  other  points  must  pay  duty  at  the  rate  of  50  cents  per  lOOponndi,  I 
whether  they  arc  frozen  under  a  patent  process  or  in  anyothor  mannorthat  will  pre- 
serve them  lor  and  during  shipment.  1 

I  have  the  honor  to  report  that  the  requirements  of  the  fourteenth  and  fifteenth  j 
sections  of  the  act  approved  June  30,  1864,  have  been  complied  with  by  the  ap  i 
pellants.  ' 

Very  respectfully,  your  obedient  servant, 

D.  V.  BELL. 

Collector. 

Hon.  L.  M.  Morrill, 

Secretary  of  the  Treasury, 

Detroit,  January  11,  lOT. 
Hon.  D.  v.  Bell, 

Collector  of  Customs,  Detroit : 

Dear  Sir:  I  hereby  protest  against  the  asses'^ment  of  one-half  cent  per  pound  on  1 
3,788  pounds  fresh  fish  imported  by  ine  this  day,  claiming  they  should  be  free,  beipjj 
for  immediate  consumption  on  arrival  at  New  York.  1 

They  are  caught  in  the  Thames  River,  near  Chatham,  and  sent  here  for  immediatt] 
shipment  to  New  York  for  consumption.    I  therefore  claim  the  amonnt  exacted] 
($18.94  gold)  should  bo  refunded. 
Very  respectfully, 

T.  E.  MEBEILL. 

Detroit,  January  11,1877, 
Hon.  D.  V.  Bell, 

Collector  of  Customs,  Deiroit: 

Dear  Sir:  I  hereby  protest  irgainst  the  payment  of  $47.58  gold  assessed  by  yo^ 
upon  9,517  pounds  fresh  fish  iriported  by  me  this  day  irom  Windsor,  claiming  M 
should  bo  free,  being  for  immediate  consumption  on  arrival  at  Philadelphia,  wheir 
they  are  to  bo  shipped  at  once. 

I  claim  also  they  should  be  free  for  another  reason,  viz,  that  they  are  tisU  caught ij 
Aracricaui  waters  in  Detroit  River,  and  are  placed  in  refrigerators  in  Win<l8or»iif 
withdrawn  as  we  require  them  for  shipment.  In  view  of  the  foregoing  facta  I  claia 
the  amount  exacted  should  be  refunded. 

Very  respectfully,  j.  b.  JESSOP. 

London.] 

January  23,1877. .. 
Collector,  Detroit : 

Sir  :  The  Department  is  in  receipt  of  your  letter  of  the  17th  instant,  transmittinl 
the  appeals  (3024e  and  3025c)  of  T.  R.  Merrill  and  J.  B.  Jessop  from  your  decisiol 
assessing  duty  at  the  rate  of  50  cents  per  100  pounds  on  certain  frozen  fish  ir 
ported  into  your  poit  from  Canada,  which  the  importers  claim  to  be  exempHf™! 
duty  under  the  provision  in  the  '*  free  list," for  "fish, fresh, for  daily  consumptioo. 

It  appears  that  the  said  fish,  which  are  the  product  of  the  inland  waters  of  unr 
are  not  imported  in  the  natural  stato  aor  intended  for  daily  consumption,  I'-'ti 
preserved  by  being  froztin  iu  barrels  by  a  patent  process  or  otherwise,  tor  thepori 
of  transportation  to  dis  ;ant  cities. 


AMERICAN    FISHERIES. 


613 


Under  these  circunistiuicea  the  fish  not  heinfj  "  freHli,  Jor  datly  consumption,"  but  in 
fict preserved,  tlie  De])art»ifint  concnrH  with  yoii  in  the  opinion  tliat  they  are  dntia- 
'leattherate  iiforeaaid  nndcjr  tho  piovision  iu  schetlulo  F,  for  "all  other  foreign 
wwehtfish    »    *    *    fresh    •     "     »    not  othorwiHO  provided  for,"  and  Dopartmont's 


iMtructions  to  you  of  the  3d  instant. 
Tonr  decision  is  therefore  -  flBrmod. 
By  order : 

Respectfully, 


H.  F.  FRENCH, 
Assistant  Secretary. 


CusTOM-HousE,  Buffalo,  N.  Y., 
Collector's  Office,  January  25,  1877. 

Sib:  Your  reply  of  the  23d  instant  (H.  B.  J.)  to  uiy  inquiry  of  the  15th  instant, 
I  whether  fish  caught  in  the  waters  of  Lake  Suprrior.within  the  jurisdiction  of  the  United 
1  States,  and  exported  to  Canada  for  the  purposo  of  heing  frozen  can  be  returned  to  the 
I  United  States  free  of  duty,  is  received. 

It  is  admitted  by  Messrs.  Jones  &  Trevalleo  that  under  decision  of  the  Department, 
I  in  letter  to  collector  of  customs  at  Detro;  c,  under  dato  of  the  3d  instant,  such  fish  cau- 
notbe returned  under  1482  of  the  free  list  as  Amori( m  productions  returned  to  this 
I  country  in  "same  condition  as  when  exported,"  but  i  laini  they  should  be  admitted  to 
Ifreeentry  under  the  provisioiiH  of  eecMon  2505  of  the  Revised  Statutoe.for  the  pro- 
Idnceof  American  ficleries,  and  Treasury  decisions  (S.  S.)  342  and  2872. 

A  decision  upon  this  point  is  respectfully  requested. 
Respectfully, 


W. 


lerC.  C. 


Hon.  Secuetary  of  the  Treasuuy, 

Washington,  D.  C. 


DANIELS, 

Collector. 
OANDEE, 

Deputy. 


(1079c.) 

sauif.]  Treasury  Department, 

Washington,  D.  C,  February  5,  1877. 

JCOLLECTOUOF  CUSTOMS,  Buffalo,  N.  T.  : 

Sir:  The  Department  is  in  receipt  of  your  letter  of  the  25th  ultimo,  renewing  the 
[question  whether  iish  caught  iu  the  waters  of  Lake  Superior  within  the  jurisdiction 
lot  the  United  States,  exported  to  Canada,  and  there  frozen  for  the  jjurpose  of  pres- 
[frvation,  can  bo  returned  to  the  United  States  free  of  duty. 

You  state  that  Messrs.  Jones  &  Trovalleo,  the  parties  at  whose  instance  the  inquiry 
[is made,  concede  that  the  nsh,  under  such  circumstances,  are  not  entitled  to  free 
leDtry  as  being  returned  to  the  United  Stateo  in  the  same  condition  as  when  exported, 
Ikt  claim  that  they  should  bo  admitted  to  free  entry  under  the  provision  of  the  free 
jlist  for  the  produce  of  American  ..jheries,  reference  being  made  to  Department's  de- 
Icision  of  January  22, 1865),  and  Juno  21,  1876  (S.  S.,  342  and  2872),  authorizing  the 
[free  entry  of  fish  caught  and  cured  without  the  limits  of  the  United  States,  as  sus- 
[taining  such  claim. 

In  reply  you  are  informed  that  the  fish  in  the  case  supposetl,  being  caught  in  the 
luatcrsof  the  United  States,  the  decisions  referred  to  do  not  apply;  and  being  of 
IdoinesMc  production  there  is  no  provision  of  law  authorizing  their  free  entry  on  their 
jbeing  taken  to  Canada,  and  thereafter  returned  to  this  country  in  a  condition  differ- 
|ent&nmthat  in  which  they  were  at  the  time  of  being  taken  to  Canada. 

By  order: 

H.  F.  FRENCH, 
Assistant  Secretary. 


CusTOM-HousE,  Detroit, 
.  Collector's  Office,  February  9,  1877. 
8m:  I  submit  the  protest  and  appeal  of  Mr.  C.  W.  Qautheir  (No.—)  from  the  de- 
Iwion  of  this  ofiBce,  assessing  duty  at  the  rate  of  50  cents  per  100  pounds  on  certain 
l&Mhflsh  imported  by  him  into  this  district  February  7,  1877. 

S.  Ex.  ll.*^ 3.1 


514 


AMERICAN   FISHERIES. 


Roforring  to  8f  >pi»oal,  I  liavo  tbo  honor  to  roport  that  the  roquircmontsofthe 
fourtoontb  and  uitccnth  sections  of  tho  act  approved  June  30,  1804,  liiivo  beeu  coi- 
plied  with  by  tho  appellant,  and  that  I  a.wessed  duty  on  same,  not  nii^urding  them  u 
**  lor  imnaediato  consumption,"  but  for  h1.  ipmont  in  tho  United  States  for  future  con- 
sumption. 
The  appeal  is  inclosed  horewitli ;  also  protest. 
Very  respectfully,  your  obedient  servant, 

T).  V. 


Hon.  L.  M.  MoKRiLL, 

Secretary  of  the  Treasury,  Washington,  D.  C. 


BELL, 

Colkcto'. 


Detroit,  /''e6r«a»i;  7, 1877. 
Hon.  D.  V.  Bell, 

Collector  of  Customs,  Detroit : 

Dear  Sir:  I  hereby  protest  against  tho  payment  of  $41.97, gold,  assessed  liyyool 
upon8,;j95  pounds  fresh  whitofish  imported  by  nie  this  day  for  shipment  to  Pbiiailel-f 
phia  for  immetliato  consumption.  I  claim  they  are  entitled  to  ftve  entry,  as  thevarel 
not  frozen,  either  by  patent  jirocess  or  otherwise  (see  Department  letter,  T,  B.  S.,  Jao-f 
uary  23,  1877),  but  are  just  taken  fresh  from  tlio  water.  I  pay  the  amount  in  ord«l 
to  get  possession  of  the  lish,  and  claim  it  should  bo  refunded. 
Very  respectfully, 

C.  W.  GAIJTHIEE. 


The  Secbetary  of 


Detroit,  February  7, 1877, 
Hon.  L.  M.  Morrill, 

Secretary  of  the  Treasury,  Washington,  D.  C.  : 

Dear  Sir:  I  have  tao  honor  to  state  that  I  have  this  day  filed  protest  with  th^ 
collector  of  customs  at  this  port  against  the  payment  of  $41.97,  gold,  assessed  l),v  bin 
upon  8,395  pounds  fresh  whitetish  imported  by  mo,  claiming  they  should  b«  free,  a 
they  are  fresh,  just  taken  from  the  water  and  not  frozen,  either  by  patent  proccMo 
otherwise.    Thoy  are  for  immediate  shipment  to  Philadelphia  in  the  same  condiliod 
in  which  they  are  in  at  present,  and  intended  for  immediate  consumptioa  on  arrival 
at  Philadelphia.    In  view  of  tho  foregoing  facts  I  trust  you  A\ill  authorize  arefunl 
of  the  amount  exacted. 
Very  respectfully, 

C.  W.  GAUTHIEE. 

Detroit,  Felmary  9, 1877.  j 
D.  V.  Bell,  Esq., 

Collector,  Detroit : 
J  Dear  Sir:  I  hereby  protest  against  tho  payment  of  $129.39  gold  assessed  byyoi 
upon  25,677  pounds  fresh  fish  imported  by  me  this  day,  claiming  they  are  entitled  tf 
free  entry  as  fresh  fish  for  consumption.    They  are  all  sold  and  delivered  to  iiartiej 
in  Detroit  under  contract  made  last  fall.    I  therefore  claim  the  amount  should  he  r 
funded. 

Very  respectfully, 

C.  W.  GAUTHIEB.I 

Bell.]  l;i<,BUUABYl7,1877.j 

Collector  of  Customs, 

Detroit,  Mich. : 

Sir:  Tho  Department  is  in  receipt  of  your  letter  of  tho  9th  instant,  submitting tIJ 
appeal  (3236c)  of  Mr.  C.  W.  Gauthior  from  your  assessment  of  duty  on  certain  m 
fish  imported  by  him  into  your  district  on  the  7th  instant.  .  . 

It  appears  from  the  appeal  that  the  fish  in  question  aro  fresh  an.  not  frozen,  eitbj 
by  patent  process  or  otherwise,  and  that  thoy  are  intended  for  shipment  to  Philw* 
phia  in  their  present  condition  and  for  consumption  on  arrival  there  while  fresh.  I 

The  fish  in  question  are  therefore  entitled  to  free  entry  under  Department sdeci 
jon  of  June  18, 1866  (see  Synopsis,  1865,  1867,  page  55),  and  you  are  authorized  I 
ac^nst'  the  entry  accordingly,  and  to  forward  a  certified  statement  for  therefimnj 
the  dui'es  exacted  thereon. 

By  order : 

^'"^'"^'^^y  H.  F.  FRENCH, 

Assistant  Seere>sri\ 


AMERICAN   FISHERIES. 


515 


Detroit,  Februta-y  21,  1877. 

D.  V.  Bkll, 

Colleolor  of  Customs,  Detrott : 

Dear  Sir  :  I  hereby  protest  against  tbo  payment  of  duty  assessed  by  you  npon  fresh 

fish  imported  by  mo  as  follows : 

February  15,  1877, 16,107  pounds,  at  one-half  cent  ccin $80  Ui 

February  Hi,  1877,  2,210  pounds,  at  one-half  cent  coin 11  05 

Total 91  60 

I  claimiog  they  should  be  free  as  fresh  fish  for  consuinittion,  and  that  the  amount  ex- 
j  Kted  should  be  refunded. 
Very  respectfully, 

C.  W.  GAUTHIER. 


Windsor,  Ontario,  February  26, 1877. 
I  The  Secretary  of  thb  Treasury, 

Washington,  D,  C: 

Sir:  I  hereby  wish  to  call  your  attention  to  the  collection  of  duties  on  fresh  fish, 
I  fhich  I  call  illegal,  and  demanded  of  me  at  the  ports  of  entry  in  Detroit,  Mich.,  and 

It  5Mj)«i«i(m  Bridge,  N.  Y. 
I  1  imported  at  the  places  set  opposite  tho  following  entries  fresh  fish  upon  which 

iM exacted  a  duty  of  one-half  cent  pe;r  pound  in  gold,  which  I  paid  or  caused  to  b© 
Ipiidnnder  protest,  to  wit : 


Where  paid. 


iDrtroit 

Do 

Do 

Do 

Do 

Do 

Do 

Do 

|8apeii8ion  Bridge 

Do"!!!;;!!!!; 


Date. 


1877. 
Jan.  12 
Jan.  28 
Feb.  1 
Feb.  7 
Feb.  8 
Feb.  15 
Feb.  15 
Fob.  10 
Feb.  12 
Feb.  17 
Feb.  20 


Paid  per 
pound. 


Cent. 


Amonnt. 


VounAa. 

9,439 

19,460 

2,110 

8,343 

25, 677 

14,780 

1,327 

2,210 

11,700 

21,660 

45,564 


Tiewithiu  fisliwere  all  fresh  fish,  and  were  intended  for  daily  consumption  and 
lircdto  be  sold  and  disposed  of  with  least  possible  delay,  as  they  would  spoil  in 
ishort  time.  Tho  entry  of  the  12th  January,  with  exception  of  1,717  pounds  of  tho 
Bth February  and  4,476  pounds  of  the  entry  of  February  20  at  Suspension  Bridge, 
Vera  M  fresh  from  the  river  Detroit.  I  know  that  other  parties  are  importing  fresh 
bh  free  of  duty  at  Detroit.  I  hereby  pray  that  the  duty  so  unjustly  collected  may 
'«i«tumcdto  mo,  and,  if  required,  can  send  additional  affidavits  to  substantiate  what 
[now  Bay,  that  all  of  these  fish  were  fresh  fish  and  liable  to  spoil  and  become  of  no 
line  in  a  short  time. 

I  remain,  yours  truly, 

C.  VV.  GAUTTIER. 

I  I,JohuL.  Nenr,  United  States  consular  agent  at  Windsor,  Ontario,  do  hereby  cer- 
lifythat  I  know  Mr.  C.  W.  Ganttier  to  he  a  truthful  and  reliable  person  and  the 
on  whose  name  appeal's  as  above  subscribed,  and  the  statements  above  set  forth 
»fa:  as  my  knowledge  and  belief  I  believe  thorn  to  be  true. 
Dated  Windsor,  Ontario,  February  26, 1877. 

JOHN  L.  NEUR, 
Consvlar  Agent,  United  States, 


United  States  Attorney's  Office, 

Eastern  District  of  Miciuqan, 
,    ,  Detroit,  June  13,  1877. 

"»>■  John  Sherman, 

Stcretary  of  the  Treasury : 

I  have  tho  honor  to  inclose  herewith  compared  copy  of  tho  decision  of  Judge 
<^n,  of  the  United  States  circuit  court,  in  the  case  of  Qauthier  v.  D.  V.  Beli, 


516 


AMERICAN   FISHERIES. 


collector  of  the  port,  iu  relation  to  the  importation  of  frozen  IIhIi.    The  case  wait  fuUt  j 
a    ued,  and,  as  you  will  see,  the  decision  heretofore  arrived  at  by  the  Department  j 
wud  sustained  by  the  court 
Very  respectfully, 

S.  M.  CUTCHEON, 
Vnited  Statta  AUvm). 

♦'Brown,  J.: 

"  Although  the  fish  in  question  are  frozen  in  barrels  or  in  largo  jpauH  in  a  solid  inai*  I 
or  cake,  I  think  they  are  still  to  bo  considered  as  fresh  fi^h.  This  torui  is  nhviootlr  I 
used  in  contradistinction  to  fish  which  are  cured,  salted,  smoked,  dried,  pickled, or! 
otherwise  rendered  capable  of  preservation  for  an  indefinite  lenytli  of  time.  TL»| 
testimony  shows  clearly  that  frozen  fish  retain  their  flavor  so  long  as  tho  tomporatun] 
is  preserved  below  tho  freezing  poiiit,  and  that  they  are  sold  in  the  niarkot  and  known | 
to  the  trade  as  fresh  fish. 

"  The  only  difficulty  in  this  case  arises  from  the  use  of  the  words  '  for  immodiate  con-  i 
sumption.'  While  I  am  strongly  inclined  to  the  opinion  that  fish  imported  iu  their  nat-l 
ural  state,  wlipther  to  be  sold  upon  the  market  at  the  place  of  importation,  or  to  be) 
shipped  to  distant  towns,  would  still  be  for  immediate  consumption,  I  think  the  f»otf 
of  their  being  frozen  iu  cakes  prior  to  their  importation  evinces  a  munifcst  intentioni 
that  they  shall  not  bo  immediately  consumed.  While  they  were  sometiraos  brokenj 
up  and  placed  at  once  upon  tho  market  at  Detroit,  they  wore  morefrequeutly  shipnedj 
to  Cincinnati  and  Philadelphia,  in  common  cars,  and  there  put  upon  tho  market  uutli 
sold.  It  was  shown  that  fish  so  frozen  could  bo  kept  for  months,  nnd  even  years,  wlthl 
no  material  loss  of  flavor  or  perceptible  decay,  and  that,  iu  the  winter,  it'was  uo  nn-j 
common  thing  for  them  to  bo  kept  for  two  or  throe  mouths,  the  lengWi  oftimo.ofl 
conrse,  depending  upon  tho  state  of  tho  weather.  Under  these  circumstances,  I  tbinJEf 
they  cannot  be  classified  as  fresh  fish  for  immodiate  consumption.  j 

"A  portion  of  these  fish  were  originally  caught  in  American  waters,  carried  to  Can-j 
ada  for  the  purpose  of  being  frozen,  and  a  bond  given  for  their  re-exportation  to  tliaj 
United  States.    It  was  claimed  that  oven  under  Schedule  F.,  section  2i)04,  these  wen 
exempt.    As  this  schedule  appMes  only  to  '  foreign-caught '  fish,  I  think  tlwflshiiii 
question  fall  within  the  provision  of  section  2.505,  page  486,  viz :  '  Articles  of  growthJ 
produce,  and  manufacture  of  the  United  States,  when  returned  iu  the  same  conditioi^ 
as  when  exported,  but  proof  of  identity  of  such  articles  shall  be  made  under  regnli 
tions  prescribed  by  the  Secretary  of  tho  Treasury.'    These  regulations  are  contains 
in  the  printed  copy  of  tho  general  regulations,  articles  37;M-W)  and  ;!77,  auditwai 
admitted  these  regulations  had  not-been  complied  with.    This  (vas  an  indiapenMbld 
prerequisite  to  their  admission  free  of  duty.  I 

"  It  was  not  the  intention  of  Congress,  by  the  use  of  the  words '  foreign-caught,'  ta 
place  domestic  fish  in  a  category  distinct  from  that  of  other  articles  of  homo  product 
tion,  or  to  dispense  with  the  proof  of  identity  required  iu  all  other  cases,  and  sontt 
cssary  to  prevent  frauds. 

"There  must  be  a  judgment  for  defendant." 


Treasuuy  Department,  March  0, 1877. 
Sir  :  I  transmit  herewith  the  appeal  of  C.  W.  Gauttier,  dated  the  26th  ultimo  {M 
3420e),  from  your  decision  assessing  duty  at  tho  rate  of  one-half  cent  per  pound  oi 
certain  fresh  fish  imported  by  him  into  your  port  between  January  22  and  Fcbrnaif 
16,1877.  i 

You  will  please  return  tho  inclosed  paper,  with  your  report  thereon,  at  an  earlydw 
stating  particularly  whether  the  party  or  parties  have  duly  complied  with  the  reiinirt" 
ments  of  section  2931  of  tho  act  approved  June  212,  1874. 
I  am,  voiy  respectfully, 

S.  I.  KIMBALL, 
Acting  Chief  Cld. 

D.  V.  Bbll,  Esq., 

Collector  of  Customs  at  Detroit,  Midi. 


Treasury  Department.  March  6, 1877.J 
Sik:  I  transmit  hftrewith  r  copy  of  an  appeal  of  C  W.'Gaiittier  dated  tb«26« 
ultimo  (No.  3420c)  from  your  decision  assessing  duty  at  the  rate  of  one-nalt  cm 
per  pound  on  certain  fresh  fish  imported  by  him  into  your  port  February  12, 1'.  M 
20. 1877. 


AMERlCAK  FISHERIES. 


517 


I  Yon  will  please  return  the  incloBcd  paper  with  your  report  thorcon  oi:     <  iirlvday, 
libiiuir  particularly  whether  thw  party  or  particB  liavo  duly  complied  ivith  the  re- 
lloireiiients  of  Bection  2il31  of  the  act  approved  June  22, 1874. 
'      I  am,  very  respectfully, 

'  S.  I.  KIMBALL, 

Actin^  Chief  Clerk. 
T.E.Ellswoutii,  Esq., 

Colkotor  of  Customs  at  Suaisenaion  Bridge,  N.  T. 


CusTOM-IIousE,  Suspension  Bridqe,  N.  Y., 

Collcctor'a  Office,  March  8,  1877. 


ReferriDR  to  your  letter  of  the  (ith  instant,  initials  "  H.  13,  J.,' transmitting 


lietter  of  January  3,  1877  (No.  3062),  and  accordingly  were  held  to  he  dutiable  at  the 
ateoflifty  cents  per  10(»  pounds. 

Tho  importations  made  February  12  and  17  were  entered  for  consumption  and 
Jdotiespaid,    Tho  importation  madoFebtaary  20  was  entered  for  transportation  in 
IboDil  to  New  York. 
Very  respectfully, 

T.  E.  ELLSWORTH, 
/  Collector, 

Hod.  Lot  M.  Morrill, 

Secretary  of  the  Treasury. 


Ij,  M.  S.]  CusTOM-HousE,  Detroit,  Mien., 

Collector's  Office,  March  8,  1877. 

Sm:  I  bave  the  honor  to  acknowledge  receipt  of  your  letter  of  H.  B.  J.,  March  6, 

pKJ,  inclosing  appeal  (No.  3420e)  from  my  decisions  assessing  duty  at  the  rate  of  50 

MteperlOO  pounds  on  certain  fresh  fish  imported  by  C.  W.  Ganthier  into  this  port 

krtween  January  12  and  February  1(5,  1877,  directing  mo  to  report  thereon. 

In  relation  to  the  eight  different  importations  included  in  said  appeal,  I  have  to 

■ytbat  tho  Grst  mentioned  ("January  12,  1877,  paid  i  cent  per  pound  on  9,439") 

low  not  appear  on  the  records  of  this  ofidce,  but  on  January  11,  1877,  there  was  im- 

wrted  by  J,  B.  Jessop,  a  partner  of  tho  appellant  in  the  present  case,  9,517  pounds  of 

bb  fish  frozen  under  a  patent  process,  upon  which  duty  was  assessed,  and  protest 

JiDd  appeal  iiled.   The  apx)cal  was  transmitted  from  this  ofHce  nnder  date  of  January 

jl'iltffT,  to  wliich  you  replied  in  letter  of  T.  B.  S.,  January  23,  1877,  sustaining  my 

iMtion.  The  two  succeeding  importations  ("January  28, 1877,  paid  ^  cent  per  pound  on 

|18,4u9  pounds;  February  1,  1877,  paid  i  'jiut  per  pound  on  2,110  pounds")  do  notap- 

Tear  on  our  records,  but  are  evidently  intended  to  represent  two  importations  of  fresh 

Ishmade  on  the  dates  mentioned  by  J.  B.  Jessop,  of  19,550  pounds  and  2,457  pounds, 

Mpectivelv,  upon  which  duties  were  assessed,  and  against  which  action  no  protests 

Ihvo  ever  been  iilod  iu  this  otiice.    The  fourth  importation  mentioned  in  said  appeal 

I'Febniary  7, 1877,  paid  i  cent  per  pound  on  8,343  poHnds"^  was  made  as  represented, 

protest  ami  appi^il  tiled  in  accordance  with  law,  and  a  refund  of  tho  duties  exacted 

itdered  in  your  letter  of  H.  B.  J.,  February  17,  1877. 

.The  four  succeeding  importations  referred  to  in  said  appeal  were  made  as  alleged, 
p:  ii5,677  pounds  on  February  8,  14,780  and  1,327  pounds  on  Febrnary  15,  and  2,210 
wunds  on  February  16,  against  tho  exaction  of  duty,  <m  which  protests  were  filed  in 
ta» office  in  accordance  with  law,  on  February  9  and  February  21, 1877,  anu  arehore- 
^■tb  submitted.  J'     »         » 

.  .^j'"*.the  exception  of  tho  first  three  importations  mentioned  in  said  appeal,  none 
P' tbe  fisb  were  frozen  under  a  patent  process,  but  were  all  more  or  less  frozen  in  the 
iKsnges  iu  which  they  were  imported,  and  were  shipped  to  New  York  and  Philadel- 
phia m  that  condition,  where  they  man  have  been  put  on  the  market  for  immediate 
Fjiisimiption,  or  they  may  have  been  sugar-cured  or  pickled  foi  future  consumption. 
fw  large  quantities  of  fish  shipped  from  Canada  during  tho  winter  to  New  York  and 
tt  n^"'"*"  ^'^^h  ^ia  this  port.  Suspension  Bridge,  and  Buffalo,  is  a  probable  indica- 
"ntbat  •hotish  are  intended  for  preservation  and  future  use,  and' not  for  immediate 

WBUinptlOl!. 

L:K''"''^i'ent  by  Mr.  Ganthier,  in  his  appeal,  that  the  fish  mentioned  therein  were 
R  f  f  rl^  the  Detroit  River,  is  calculated  to  mislead.  No  fish  are  taken  from 
r  """»t  River  in  the  winter,  from  the  fact  that  said  river  is  entirely  frozen  over 


618 


AMERICAN   FISEISBIEB. 


(Inrinir  thn  winter.  Mr.  Oaiithior  nndothor  llHhnrmun  altrnff  t.ho  Detroit  Rivorciii* 
thoir  liHh  during  tho  Huramor  and  fall,  cuidlning  them  in  petu  aloiii;  tiiu  riverkj 
until  such  time  ua  they  may  bn  wanted,  when  they  aro  taken  theretrdtn  niul  diinioJ 
of.  I  exacted  duty  on  tboao  fUh  imported  by  Mr.  Oautbior,  and  upon  iinnortutid 
of  a  aimilar  nature  by  other  lartius,  for  the  reason  that  I  held  that  tliu  provlsiong 
law  (sec.  2505,  Kov.Stat.)  exempting  from  duty  "fish,  fresh,  for  iiuniiHiiutocoiisuiiii* 
tion,"  and  the  various  decisions  of  tho  Department  thorouuder,  applitid  only  toioel 
importations  offish,  fresh-caught,  in  their  natural  condition,  and  m  .such  qunntitid 
as  would  bo  reasonable  to  suppose  wero  for  immediate  consumption,  aud  actinunix 
such  couali  uctiou  of  the  law  aud  said  duoisions,  I  have  exacted  duty  upon  nil  jmpon 
tiouH  of  fresh  fish  frozen  under  patent  procosaos,  aud  all  buoh  as  wuro  otliorwiiio  frr 
and  imported  iu  such  quantities  as  to  raise  the  presumption  that  tlmy  wero  notii 
tended  for  immediate  consumption  at  or  near  this  port.  The  onlyfruHh  flHh  Ilu3 
admitted  to  free  entry  within  tho  past  two  months  have  been  such  aH  wcru  iinpotu 
in  quantities  that  could  be  consumnd  whilu  fresh  in  this  market,  and  upon  thecnu 
of  which  tho  importer  should  subscribe  an  oath  to  tho  olFect  that  tho  tiitli  wore  fresi 
iu  their  natural  condition,  aud  were  intende<l  for  immediate  consumption  atoroei 
this  port  and  not  for  shipment. 

Tho  said  appeal  by  Mr.  Qauthier,  together  with  two  protests  covering  the  four  it 
portations  mentioned  in  said  appeal  as  having  been  made  on  tho  8th,  15th,  aud  ill 
of  February,  is  herewith  inclosed. 

I  am,  very  respectfully,  your  obedient  servant, 

D.  V.  BELL, 

Colkttor.i 

Tho  Secretary  op  tub  Treasury, 

Washington,  D.  0,\ 


Adams.]  *    Mahch  17, 18::,  j 

CoixECTOR  OF  Customs, 

Stttpension  Bridge,  N.  ¥. : 
Sir:  Referring  to  your  letter  of  tho  8th  instant  reporting  ou  tho  appeal (M 
of  C.  W.  Gauthior  from  your  assessment  of  duty  on  certain  fish  imported  by  him  iol 
your  port  on  tho  12th,  17th,  and  20th  ultimo,  you  will  please  iuform  tho  Deparliii«i 
whether  tho  requirements  of  section  2931  Revised  Statutes  have  been  complied  wij 
by  tho  appellant. 

Department's  letter  of  the  Gth  instant  particularly  requested  yon  to  fnrnitih  tliiaii 
formation. 

Respectfully, 

H.  F.  FRENCH, 
Jasialant  SccietitJiM 


CusTOM-HousE,  Suspension  Bridge,  N.  Y., 

Collector's  Office,  March  20,l«n.\ 

Sir:  Referring  to  your  letter  of  tho  17th  instant,  initials  "  H.  B.  J.,"  relative  toil 
appeal  (3420e)  of  C.  W.  Gauthior  from  tho  assessment  of  duty  on  certain  frcali  fish 
tills  port,  I  have  to  report  that  tho  importations  made  February  I'i  and  17  wcrocd 
signed  to  H.  J.  Gunn,  who  entered  the  same  and  paid  duties  thereon  ainountiDgl 
$166.60  coin,  February  19,  1877.  The  requirements  of  section  2931,  Kevised  Statii^ 
have  been  complied  with,  as  tho  protest  transmitted  herewith  was  Hied  in  thisoffi 
February  27, 1877. 

The  importation  mado  February  20  was  consigned  to  and  entered  liyJauiosl 
Feygon  for  transportation  in  bond  to  Now  York  and  no  protest  was  filed. 
Very  respectfully, 

T.  E.  ELLSWORTH, 

ColM'i 


Hon.  John  Sherman, 

Secretary  of  the  Treasury. 


April  2,  lOTJ 


Adams.] 

Mr.  C.  W.  Gauttier, 

(Care  of  John  H.  Jenks, ) 

Windsor,  Ontario,  Dominion  of  Canada : 
Sir:  The  Department  has  this  day  affirmed  tho  decisions  of  the  collectorsofcusW 

at  Detroit,  Mich.,  and  Suspension  Bridge,  N.  Y.,  assessing  duty  at  the  ™teoi""^.S 
cent  per  pound  on  certain  fish  imported  by  yon  at  Detroit  February  8, 15,  ana  lo,  i« 


AMERICAN    FISTIKRIES. 


510 


[  inJ  at  Siiiii"'i»H'«u  BridpB  February  I'i,  17,  and  20,  1H77,  an<l  declined  to  vutortaiti  ho 
I  j,||,.ijof  your  iiinicnl  ot  tho  2(i(h  nllinio  {'MiiOe)  iih  relatcH  to  j'our  entries  of  .lunuiiry 
1  'HtvA  Ftibruiiry  1, 1877,  ut  I)ntn)it,  and  of  February  '20, 1877,  at  HuHpoUHion  Itridgo,  ia 
(onueqi'C'co  of  your  failure  to  lllo  i)rot(mtB  therefor. 
Reapoctfu'lly, 

11.  F.  FRENCH, 

Aatittant  Secretary. 

I  jjjjni.]  AriuL  a,  1877. 

CoLiECTOB  OF  Customs, 

lietroil,  Mich.  : 

Sir:  Tho  Department  Ih  in  receipt  of  your  letter  of  the  8tli  inHtant,  veportiug  upon 
I  ihenppeal  (:i4'20c)  of  C.  W.  Oauttier  from  your  anseHaiuent  of  duty  at  the  rate  of  one- 
lalf  centpor  pound  ou  certain  fish  iniportud  by  him  into  your  port  January  28,  Feb- 
raary  1, 8, 1.'),  and  10  last,  and  claimed  to  be  entitled  to  free  entry  under  the  proviaion 
intbefrco  list.  Revised  StatutcH  for  "lish,  frcHh,  for  immediate  consumption." 
It  appears  from  your  report  that  it  has  been  tho  practice  at  your  port  to  admit  to 
[m  entry,  under  the  provision  of  law  above  cited,  such  fresh  lish  rnly  as  wore  im- 
ported in  (itianti  ties  that  could  be  consuuurd  while  fresh  at  or  near  your  port,  and 
that  tho  iinmonse  quantities  of  fish  imported  from  Canada  at  your  port,  Suspension 
Bridge,  and  Buffalo  for  shipment  to  Now  York  and  Philadelphia  is  an  indicatioa 
tiiatthflyaro  intended  for  preservation  and  future  use  aud  not  for  imniodiato  con- 
nniptioii, 
Tim  appeal  of  Mr.  Oauttier  covers  the  importation  of  162,209  pounds  offish  during 
thi'  inontlis  of  .January  an<l  February  last,  and,  upon  consideration,  the  Department  ia 
ofopiuion  that  such  large  importations  would  probably  not  be  consunuid  immediately. 
Yotir  assessment  of  duty  on  tho  importations  of  February  8,  l.i,  and  10,  1877,  is 
hereby  afDrmed. 

I   Inconsequence  of  the  failure  of  tho  imjiorter  to  file  protests  in  duo  time  on  their 
I  ffitrics  of  January  28  and  February  1,  1877,  1/ho  Department  declines  to  entertain  so 
j  bh' h  of  his  appeal  as  relates  thereto. 
By  order : 

Respectfully, 

H.  F.  FRENCH, 
Assistant  Secretary. 

I  Adams.]  Apnil.  2,  1877, 

I  Collector  OK  Customs, 

Suipension  Bridge,  N.  T. : 
Sir;  Tho  Department  is  in  receipt  of  your  letter  of  tho  20th  instant,  reportinp  fur- 
Itkron  tho  api)oal  of  C.  W.  Gauttier  from  your  assessment  of  duty  at  tho  rate  of  one- 
half  cent  per  pound  on  certain  (ish  imported  by  him  into  your  port  on  tho  12th,  17tb, 
I  and '2()th  ultimo,  and  claimed  to  bo  entitled  to  free  entry  un<lcr  the  provision  in  the 
|fr»ell8t,  Revised  Statutes,  for  "  fish,  fresh,  for  immediate  consumption." 
j  It  appears  from  your  report  of  tho  8th  Instant  that  the  fish  in  question  were  packed 
I  in  biirrols  ftnd  frozen  I)y  some  artificial  process,  and  that  duty  was  assessed  thereon  in 
JMcnrdiinco  with  Department's  decision  of  January  3,  1877  (S.  S.,  3062). 
I  Your  assessment  of  duty  on  tho  importations  of  tho  12th  aud  17tli  ultinm  is  there- 
jforf  affirmed. 

It  appears  from  your  report  of  tho  20tli  instant  that  no  protest  was  lodjted  for  the 
jentryot'tho20th  ultimo,  and  tho  Department  therefore  declines  to  entertain  so  ranch 
of  the  appeal  as  relates  to  that  entry. 
By  order : 

Respectfully,  '  H,  F.  FRENCH, 

Assistant  Secretary. 


[^•^•S.]  CusTOM-HousB,  Detroit,  Mich., 

Collector's  Office,  June  15,  1877. 
SiRt  Referring  to  the  appeal  (3420e)  of  C.  W.  Gauthier  from  my  asscMsment  of  duty 
l>ttbo  rate  of  fiO  cents  per  100  pounds  on  certain  fish  imported  by  hini  into  this  port 
IJannary  28,  February  1,  8, 15,  and  10  last,  and  claimed  to  bo  exempt  from  duty  under 
I'M  provision  iu  the  free-list,  Revised  Statutes,  for  "  fish,  ^resh,  for  immediate  cou- 
[("■"l"'™)  and  toDeiartment's  decision  thereon,  sustaining  my  action  {S.  S.  3181),  I 
IS?"'  ''onor  to  roport  that  after  said  decision  was  made  known  to  him  (Gauthier), 
Ijeconinienccd  suit  in  tho  United  States  circuit  court  against  mo  for  recovery  of  the 
I  tiM  BO  paid  by  him.    Under  stipulations  between  counsel  a  jury  trial  was  dis- 


iO 


AMERICAN  FISHERIES. 


ponscd  witli,  and  tho  <uin«  prcNcntod  to  tlio  court  (Judgo  II.  Urovvn)  in  pliaiiil)(>ti, I 
Tho  docisioQ  of  tho  court  ordering  ludgaient  for  dofctiduut  \a  horowif  li  inclowl.  i(l 
will  1)0  noticed  that  Judgo  Brown,  in  8iid  docislou,  inclines  to  tho  oiiinioii  tbatfMlii 
flah  imported  in  thoir  natural  condition  (not  frozen  by  patent  prnccNH  or  ntiicrffiieil 
would  1)0  ontltlud  to  free  outi'y,  without  regard  to  quantity  import*  d,  or  wLcthwl 
tboy  uro  intended  for  conNunijition  at  or  near  tho  port  of  importation,  or  intended  fori 
Hhipnient  to  distant  partH  of  tho  country.  I 

I  have  to  rcqucHt  that  I  bo  instructed  a«  to  whether  or  not  tho  Dttpartmentcoucnnl 
with  such  opinion,  and  if  I  Hhall  admit  to  frco  entry  all  i'rcah  flMli  miportcd  inthtit] 
natural  condition. 

I  am,  very  respectfully,  your  obedient  servant, 

D.  V.  BELL,  CoUtttw. 

Hon.  Jno.  Sueuman, 

Secretary  of  the  Trcamry,  Washington,  1).  C, 


CUSTOM-IIOUSK.  BUKFALO,  N.  Y., 

Collector's  Office,  JuneW,  1877. 

But:  UnoCQcial  information  has  boon  rec(;ivod  at  this  ofBco  tlint  the  United Statnl 
district  court  at  Detroit,  Mitdi.,  has  decided  that  imported  fresh  iiHh  packed  in  ice an| 
not  entitled  to  entry  as  iish  intended  for  immediate  consumption. 

I  respectfully  ask  to  bo  informed  if  tho  decision  above  referred  to  applies  to alll 

fresh  flsh  packed  in  ieo  imported  from  Canada.  I 

Dealers  in  this  city  import  fi?sli  iish  for  use  iu  this  market  within  a  sliort  tinje,] 

while  fresh,  which  are  car.ght  in  tlio  waters  of  Lake  Huron  conticuous  to  the  DomiD.J 

ion  of  Canada,  and  v;hich  are  packed  in  ice  for  preservation  while  In  transit  from] 

Godericb  and  other  places  in  Canada  to  this  port,  this  being  tho  port  of  importation,! 

It  has  been  the  practice  at  this  port  to  admit  such  iish  free  of  duty  as  boinf;  "freili| 

fish  for  daily  consumption"  at  or  near  tho  plac^  of  importation. 

I  am,  very  respectfully,  your  obedient  s  -vaut, 

JNO.  TYLEK, 
Collector. 

Hon.  Seorbtaby  of  the  Treasury, 

Washington,  D.  C. 


■'Sworn  to  bel 


Mr.  Swank.] 


[Enolosnre  Ko.  34.] 
(1079  0.) 


jcN«  27,  isn. 


Collector  C  U8TOM3,  B«/a?o,  ^.  r.: 

Sir:  This  DopRrtment  is  in  receipt  of  your  letter  dated  the  20th  instant,  stating 
that  dealers  in  Buffalo  import  iish,  for  use  in  the  market  of  that  city,  caught  in  tw 
waters  of  Lake  Huron,  contiguous  to  the  Dominion  of  Canada,  and  packed  iuiceBj 
preservation  while  in  transit  from  Godorich  and  other  plrces  iu  Caniula  to  sac^ 
market. 

In  reply  to  your  inquiry  whether  these  fish  are  subject  to  duty  under  the  ueciffloi 
recently  rendered  by  the  United  States  circuit  court  at  Detroit,  Mich.,  yon  are 'j 
formed  that  said  decision  related  in  express  terms  to  fish  only  which  have  beenfrozf 
in  barrels  or  in  large  pans  in  a  solid  mass  or  cakes  prior  to  importation. 

In  this  case  it  was  shown  to  tho  satisfaction  of  the  court  that  fish  so  frozen  couij 
be  hiipt  for  a  long  period  of  time  without  material  deterioration.  i  i  *k , 

Tho  mere  fact  that  fish  are  packed  in  ice  on  importation  ought  not  to  exclnue  tna 
from  the  operation  of  the  provision  in  the  free  list  for  *'flsh,  fresh,  for  immediate  con 
snmption."  Satisfactory  evidence  is  presented  that  they  are  intended  for  luimeaiaij 
consamption. 

T^ery  respectfully,  h.  F.  FRENCH. 

AtsiatantSwretari'i 


AMERICAN   FISHERIES. 


52J 


Fink,  Freih,for  Immediate  f'ontumption. 

TuKASURY  Drpartmrnt,  Maif  '£i,  ItiSQ. 

Tbe  attontiuu  of  tho  Dopartniont  linN  Iteini  ruceiitly  brought  to  tho  fact  that  l'r«Hh 
dill  are  RomotiiiiuH  udtnittml  frto  of  diitiuH,  on  tho  northern  frontierH,  iu  oxcesHive 
gatiititieH. 

Under  thn  oxiHting  regalationn,  iiunortatioun  of  flnh  which  will  not  probably  be 
conaiimed  iininediately  niUHt  bo  treated  an  dutiablo ;  thus,  in  tho  oaso  of  tao  importa- 
lldj  |,y  tt  person  of  \CtiM&J  r.osir.dn  n*-  T'>"t:-:  it,  tL^  ^vU»;.  ol"  th-.-  '•"''"••'••r  i:i  a-smjoaiug 
JnticBwaHulHrniisd. 

Tbt'DipartniiMit  Ih  inforniod  that  at  Hundimky,  Ohio,  fniHh  QhIi  canght  in  Cana<lian 
fjicrs,  viuyinj?  in  quantity  from  a  few  hundred  |)oun<lB  to  sovoral  tons,  aro  rocolved 
ind  M)l(l  to  tluulorH  fur  Hhipmout,  or  for  consumption,  and  that  sach  an  remain  on  their 
bunds  aineitlior  frozen  or  salted  for  future  nso. 

ItlmH  linrntuforo  been  tho  cuHtom  at  the  port  last  mentioned  to  allow  such  importa- 
tiuDAfreonf  ilutieN,  and  it  is  surmised  that  a  similar  praotico  has  prevailed  at  other 

ports. 

A9(ho  law  authorizes  tho  admission  free  «)f  "iish,  fresh,  for  immediate  consump- 
tion' imly,  duties  fchould  1)0  paid  on  any  considerable  surplus  whieh  may  be  preserved 
u  afoDisuiil. 

Ontheotitry  of  suoh  tttth  in  any  considerable  quantity,  if  ^ho  collector  of  customs 
ilia  doubt  whether  the  (juantity  is  excessive,  and  therefore  <lutiable  under  tho  regn- 
Ittiunit  established,  ho  will  require  tho  importer  to  fllo  an  aihdavit  in  the  following 
form: 


'I,- 


-,  solemnly  • 


•  that  tho  fresh  fish  imported  by  uie,  and  mentioned 


iu  the  unnexcd  eutry,  are  for  imuiediato  consumption,  and  that  no  portion  thereof  ia 
inl«ndeil  for  preservation  by  salting,  freezing,  or  otherwise. 

[To  be  signed.]        "■  . 

'Sworu  to  before  me  this day  of ,  188-. 

"  — _  — — _ 

"  Vepuly  Collector  of  Customs." 

If  in  any  case  the  quantity  is  so  large  as  to  repel  tho  conclusion  that  the  fish  is  for 
immediate  cousumption,  duties  will  be  levied;  and  when  it  shall  appear  to  the  col- 
lector that  a  portion  only  of  any  importation  should  be  admitted  free,  be  will  exact 
I  duties  npon  the  residue. 

The  attention  of  iiyportera  of  such  merchandise  will  be  invited  by  tho  customs 
I  cicmtothe  fact  that* any  fraudulent  action  on  their  part,  whereby  such  fish  shall 
be  illegally  imported  free  of  duties,  will  subject  them  to  tho  penalties  denounced  by 
,  Ihr  statutes  governing  suoh  cases. 

H.  F.  FRENCH, 

Acting  Secretary. 
CoLiRcTORS  OP  Customs  and  others. 


CaiCAOO,  December  26,  1885. 
Hon.  Daniel  Manning, 

Sccretari)  of  the  United  States  Treasury,  Washington  D.  C. : 
Will  you  Icindly  inform  what  the  duties  (if  any)  on  fresh  fish  from  Canada?    Wo 

I  »w  called  on  to  pay  at  Port  Huron  %00  on  a  car  load  of  frozen  smelts,  from  Now 
Branswick;  former  years  it  was  only  an  entry  fee.    Manitoba  for  past  two  years  has 

!  flooded  tho  western  country  with  their  fresh-water  frozen  fish  duty  free  to  injury  of 
dealers  and  home  lishormen,  and  propose  doing  the  same  this  winter.  Wo  have  never 
ncard  or  read  that  there  is  any  tax  imposed  by  our  Government  on  Canadian  fish  im- 
ported for  "immediate  consumption,"  but  in  fact  they  do  unt  go  into  quick  consump- 
liou,  hut  arc  held  iu  "freezers"  lor  speculation,  to  injury  of  fish  caught  in  United 
States  waters.  Many  of  these  imported  last  winter  were  salted  ut  Detroit  and  other 
Nnts;  some  hero.  Wo  understood  last  winter  Can.ada  intended  to  impose  a  one-half 
Mat  pound  export  duty  to  prevent  her  waters  from  being  exhausted.  American  fish- 
ermen cannot  fish  in  Canadian  waters;  the  rights  are  all  lot  to  Canadians,  but  they 
Kll  immense  quantities  of  fish  iu  this  country  to  the  great  damage  of  American  flsher- 

pien  at  different  points  on  the  lakes.  At  the  SauTt  Saint  Marie,  Michigan,  large 
jaantities  of  fish  were  shipped  from  there  caught  by  Canadians,  at  the  Lizards 
siands,  that  were  imported  here,  Detroit,  and  as  tar  as  Buffalo.  The  shippers  swear 
ineyare  for  "immediate  consumption,"  when  in  fact  their  condition  ia  such  mnch 
«i  It  has  to  be  salted  in  this  country  to  save  it  from  being  a  total  loss.  Will  you 
i*"'y  g'vc  us  proper  information  if  any  duties  have  been  imposed,  and  conditions  if 

Yours,  truly, 

LAFLIN  &,  CO. 


522 


AMERICAN   FISHERIES. 


Trbasuuy  Depautment.  Office  op  the  Secretaiiy 

Washington,  D.  C,  December  29, 1835 
Messrs.  IiAFLIN  &  Co., 

40  State  Street,  Chicago,  III: 
Gentlemen  :  In  reply  to  your  letter  of  the  2(ttli  instant,  yea  are  informed  that  while  ] 
fresh  fish  imported  for  immediate  consumptiou  are  entitled  to  free  entry,  yet  thatjt 
would  seem  that  such  provision  does  not  extend  to  a  car  load  of  frozen  smelts  which 
it  is  understood  are  imported  in  a  frozen  condition  for  the  purpose  of  preservation 
Fish  thus  imported  and  not  intended  for  immediate  cousumption  are  dutiable  at  the 
rate  of  50  cents  per  100  pounds,  un''jr  the  provisions  of  schedale  "G  "  T.  I.,  new 280 
for  "  foreign-caught  fish,    *    •    *    whether  fresh,"  &o.  ' 

In  case,  however,  you  dec' re  to  have  the  question  definitely  decided  by  the  Depart 
ment,  j-ou  can  submit  it  by  protest  and  appeal  under  section  2931  Revised  Statutej  I 
when  it  will  he  duly  considered.  ' 

Respectfrlly,  yours, 

C.  S.  FAIRCHILD, 
,  Assistant  Secretary. 

'  '  CuiCAGO,  Decemlc:  ''1, 1885. 

Dear  Sir  :  We  protest  against  your  collection  of  Grand  Trunlf  Railroad  on  oraboot 
the  26th  this  month,  of  a  duty  of  $90.70,  and  express  50  cents  on  a  car  load  of  nal«ni] 
frozen  smelts  shipped  by  W.  S.  Loggie,  Chatham,  N.  B.,  and  consigned  to  us,  the] 
sanio  being  intended,  for  immediate  consumption.     We  have  forwarded  a  duplicate  to  J 
the  Treasury  Cepattment  at  Washington. 
Yours  respectfully, 

LAPLIN  &  CO, 
United  States  Collector  of  Customs, 

Port  Huron,  Mich. 


Chicago,  Z)cc«ii6<t31,  188 
Hon.  Daniel  Manning, 

See'y  of  the  Treasury,  Washington,  D.  C. : 

DeAr.  Sir:  In  accordance  with  letter  dated  December  29,  1885,  from  the  Treasury  j 
Department,  numbered  2296  e,  we  protested  to  the  collector  of  customs  atPortHtiioDii 
Mich.,  against  charging  duties  on  smelts  consigned  to  ns,  and  inclose  n  copy  of  prol 
test  to  your  Depart.ment  for  consideration.  While  wo  do  not  claim  that  the  fish  willl 
be  or  are  immediately  sold  for  consumption  on  arrival  at  their  destination,  theyj 
are  us  much  so  as  ai>y  natural  frozen  fish  that  comes  in  from  Canada  in  th"  cost,  oJ 
Manitoba  in  the  wesc,  in  largo  quantities,  and  if  the  fish  from  Manitoba  are  free  dshi 
the  smelts  should  he,  as  eacli  arc  frozen  by  weather  and  not  in  pans  by  ico  and  salt  I 
Frozen  fish  imported  from  those  places  it  is  impossible  to  go  into  immediate  consump-l 
tiou.  They  arojjrcspri'cd  fish  really  by  freezing,  and  are  bought  so,  thatdifferent  hand-f 
lers  can  hold  them  in  •'  freezers  "  until  they  can  be  sold  at  a  profit,  or  during  a  supposed! 
scarcity  of  fresh-cought  fish,  and  they  pass  through  several  middle-men's  bands  beforeP 
reaching  the  consumers.  We  would  bo  glad  to  see  u  heavy  duty  on  all  Canadian  fish,  J 
but  if  other  importers  get  their  duties  remitted  by  protesting  in  time  we  wish  to  i» J 
one  of  them. 

Yours,  respectfully, 

LAFLIN&CO. 


Custom-House,  Port  Huron,  Micu., 

Collector's  Office,  January  9, 1886. 
Hon.  D.  Manning, 

Secretary  of  the  Treasury,  Washington,  IK  C: 

Sir:  I  am  in  receipt  of  your  letter  of  the  4th  instant  (J.  G.  M.), transmitting thj 
appeal  of  Lafiin  &  Co.  from  my  assessment  of  duty  on  certain  natural  frozen  r" 
imported  from  Chatham,  N'iw  Brunswick.  , 

In  this  case  the  requirements  of  section  2931,  Revised  Statutes,  have  bconcompliM 
with,  and  I  have  the  honor  to  report  the  appeal  is  apparently  b.ased  on  the  factth*^ 
the  fisli  are  "  natural  frozen." 

I  hold  that  th<3  particular  method  of  freezing  for  preservation  can  have  no  bearii 
upon  the  question  whether  fish  can  be  imported  free  of  duty.    These  importotioiifl 
are  never  in  less  than  oar- load  lots  of  from  20,000  to  30,000  pounds ;  being  in  sm^ 
quantitiec,  therefore,  as  to  preclude  the  idea  of"  use  at  or  abouttlie  tirao  of  iniportM 
tlon"— (S.  3062);  which  I  hold  properly  construes  the  term  "  immodiato  consnmp-j 


AMERICAN   FISHERIES. 


623 


•ion"  as  nseil  in  section  •250(>,  Revised  Statiitos,  thoy  can  bo  kept  for  months,  de- 
nfndine  upon  tlie  8*ute  of  the  weatlicr,  and  under  sucli  circumstances  cannot  bo 
fLsified  as  fresh  flsh  for  immediate  consumption.'"^  (United  States  Circuit  Court 
into  in  S.  3280. )  I  fail  to  perceive  tlio  fact  that  in  this  case  the  fish  were  artificially 
inm  makes  any  diflerence.  In  both  that  and  Laflin's  case  the  object  was  preseiva- 
tion  and  future  use.     (S.  3181.) 

But 't  seems  unnocesyary  to  pursue  the  subject.     By  section  6970  collectors  of  cus- 
toms are  instructed  that  fish  of  all  kinds,  the  produce  of  the  Dominion  of  Canada, 
imported  after  July  1,  1885,  are  liable  to  duty. 
Inelosnre  returned. 

1  am.  verv  respectfully,  your  obedient  servant. 

'       '  W.L.BANCROFT, 

Collector, 


Treasury  Department,  Office  of  the  Secretary, 

Washington,  I).  C,  January  20,  1886. 

COLLECTOK  OP  CUSTOMS, 

Port  Huron,  Mich. : 
Sw:  The  Department  is  in  receipt  of  your  letter  of  the  9th  instant,  reporting  on  the 
appeal  9340»»,  o*' Messrs.  Lafliu  &■  Co.  from  your  assessment  of  duty  on  certain  frozen 
smelts,' imported  by  them  from  Chatham,  N.  B.,  on  the  26th  ultimo.     You  report  that 
impcrtations  of  this  character  never  embrace  less  than  from  20,000  to  30,000  pounds 
offish,  and  that  the  quantity  imported,  and  the  fact  that  thay  can  be  kept  for  mouths 
in  this  condition,  precludes  the  idea  that  they  are  intended  for  immediate  consump- 
tion and  entitled  to  free  entry  under  the  provision  in  tlio  free  list,  act  of  March  3, 
18^3(1. 1.  new,  699),  for  "lish,  fresh,  for  immediate  cousumption." 
Your  assessment  of  duty  being  in  accordance  with  tho  Department's  decisions  of 
Jamiary  3, 1877  (S.  3062),  and  June  27,  1877  (8.  3280),  is  hereby  affirmed. 
Tho  fact  that  the  fish  in  question  are  frozen  naturally  and  not  by  artificial  methods, 
does  not  afifect  the  question  as  to  tiieir  being  intended  for  immediate  consumption. 
Respectfully  yours,     . 

C.  S.  FAIRCHILD, 

Assistant  Secretary, 


Laflin  &  Co.,  No.  40  State  Street, 

Chicago,  January  22,  1886. 
C,  S.  Fmiichild,  Esq., 

Assistant  Secretary  Treasury  : 
Deak  Sir  :  Yours,  340  m,  received  with  copy  to  collector  at  Port  Huron  on  our  ap- 
peal.  Wo  have  another  car  in  to-day  tho  owner  of  which  wishes  us  to  protest  against 
paying  duty,  but  we  think  it  useless.    There  arc  small  hits  of  1  ton  and  upwards  that 
tome  in  and  are  claimed  to  bo  for  immediate  conHUT„plion,  but  are  uot,  as  they  are 
sold  to  smaller  dealers,  or  held  till  retailed  by  importers,  and  cannot  claim  to  be  used 
npfor food  on  their  arrival.    We  ship  oysters  to  Manitoba;  tho  parties  there  claim 
they  pay  a  Canadian  duty  of  10c.  ])or  gallon  ;  tho  {(uantity  taken  at  a  time  is  for  more 
mmliatc  coiisiimptiou  than  any  lotw  of  Canadian  fisli  imported  into  this  country, 
Will  tim  same  ruling  apply  to  the  fresh  fish  caught  in  the  lakes  of  Manitoba,  nat- 
arally  ficueu  there  and  shipped  into  this  country  via  rail  at  Saint  Vincent,  Minn., 
o-the  other  line  of  tlie  Saint  Paul,  Minnesota  and  Manitoba  Railroad?  TheManitoba 
people  Keem  to  b'l  posted,  as  tbcsy  want  offers  for  their  fish  in  Winnipeg  against  their 
tlelivering  here  last  winter.    Some  parties  from  there  claim  thoy  pay  no  duty  on  de- 
liveries in  tho  East  via  Canada  Pacific  Railroad  and  Toronto;  largo  quantities  are 
claimed  to  be  imported  into  Buflalo,  to  the  damage  of  our  lake  fish. 
During  the  summer  heavy  fishing  is  done  in  Canadian  waters  at  the  Lizzard  Isl- 
ands, nortii  of  Sault  Stc.  Marie,  and  on  Huron  and  Georgian  Bay,  and  imported  in 
too  large  qnanf  ities  to  go  into  immediate  consumption,  but  is  held  in  this  scountry  as 
mdandke  from  three  to  ten  days  awaiting  buyeru  that  sell  again  to  dealers  before  it 
roaches  tho  consumer— many  of  them  having  to  bo  ««?icd  here  instead  of  on  Canadian 
poind,  to  escape  the  duty  on  salt  fish,  and  some  of  the  stock  is  artificially  frozen  and 
neld  for  winter  use  or  sale.    This  class  of  fresh  fish  is  packed  in  ice,  when  it  comes  in 
carsholdiiii;  from  1,000  to 2,400  pounds,  andsometimes  as  high  as  twenty  largocarsat 
one  shipment.    When  they  escape  duties  they  are  bad  competitors  from  our  own  fish- 
eries ;  as  thoy  got  a  class  of  labor  cheaper  and  get  their  twine  cheaper,  they  can  un- 
ilcraell  American-caught  fish.     During  the  winter  contracts  aro  usually  made  with 
the  heavier  Mienuen  on  both  sides  for  their  season's  catch,  and  tho  price  paid  the 
liiihernian  depends  partially  on  whether  those  fish  pay  a  duty  or  come  in  free. 


624 


AMERICAN   FISHERIES. 


The  Manitoba  fisli  mostly  como  iu  during  wiutera  in  car-lots  of  20,000  to  '000 
pounds,  but  thoy  aro  gradually  working  iii  to  shipping  iu  sumiuor  packed  in  ice  in 
fish  cars  like  those  via  Sault  Sto.  Marie.  If  you  can  give  us  any  information  regardini' 
duties  now  about  the  Manitoba  frozen  or  the  suniiner  cauglit  lash,  it  av ill  help  and 
benefit  us  and  fishermen  in  our  waters.  We  are  in  no  way  interested  in  lisbinr  and 
buy  all  we  handle.     We  heartily  wish  the  duty  was  1  to  2  ceuti  per  pound.        ^' 

Those  Canadians  flood  us  at  times,  making  dealers  and  home  lisheniieu  alike  lose 
money,  while  they  do  not  benefit  the  consumer  only  for  a  few  days  at  a  time. 
Yoursj  truly, 

LAFLIK  &  CO, 


TREASURY  DEPAnT.MENT,  OFFICE  OF  THE  SECKETARY, 

fVashington,  D.  C,  January  "^  188G. 
COLLBCTOR  OF  CUSTOMS, 

Saint,  Vincent,  Minn,: 
Sir  :  The  Department  is  in  receipt  of  a  letter,  dated  the  26tli  ultimo,  from  Messw 
Laflin  &  Co.,  No.  40  State  street,  Chicago,  111  ,  from  which  it  would  appear  tliatlanre 
quantities  of  fresh  fish  caught  in  the  lake.sof  Manitoba,  and  naturally  frozen  arc 
imported  at  your  port  free  of  duty  as  fresh  fisli  for  immediate  consnmptioii,  Avbe'ri'as 
they  are  not  in  fact  for  immediate  consumption,  but  are  intender^  for  sale  to  smallrr 
dealers,  or  to  be  held  for  retail  to  consumers,  by  the  importers.  In  connection  there- 
with, I  inclose  for  your  information  and  guidance  a  copy  of  a  letter  addressed  by  the 
Department  to  the  Collector  at  Port  Huron,  Mich. ,  on  the  20th  instant,  from  which  yim 
will  perceive  that  the  fact  that  fish  are  frozen  naturally,  and  not  by  artificiil  means, 
does  not  afiect  the  question  as  to  their  being  intended  for  immediate  eonsumptio)!, 

Your  attention  is  also  especially  directed  to  the  last  two  paragraphs  of  Department's 
decision  of  May  23, 1883  (S.  5729),  for  your  further  guidance  in  such  matters. 
Respectfully,  yours, 

C.  S.  FAIRCHILD, 
,  Assistant  Seeretarij. 


J.  G.  M.]  Treasury  Department,  Office  op  the  SiocRETAny, 

Washington,  D.  C,  January  30, 186G. 
Collector  op  Customs, 

Buffalo,  N.  Y.: 

Sir:  The  Department  is  in  receipt  of  a  letter,  dated  the  2Gth  ultimo,  from  Messrs, 
Laflin  and  Co.,  No.  40  State  street,  Chicago,  111.,  from  which  it  would  appear  that 
large  quantities  of  fresh  fish  canght  in  the  lakes  of  Manitoba,  and  naturally  frozen, 
are  imported  at  your  port  free  of  duty  as  fresh  fish  for  immediate  consumption, 
whereas  they  are  not  in  fact  for  immediate  consumption,  but  are  intended  for  sale  to 
smaller  dealers,  or  to  be  held  for  retail  to  consumers  by  the  impoi  iIh.  In  counectiou 
therewith  I  inclose,  for  your  information  and  guidance,  a  copy  uC  ii  letter  addressed 
by  the  Department  to  the  collector  at  Port  Huron,  Mieh.,  on  the  20th  instant,  from 
which  you  will  perceive  that  the  fact  that  fish  aro  frozen  naturally,  and  uol  liy 
artificial  means,  does  not  aft'ect  the  question  as  to  their  l)cing  intended  ior  immediate 
consumption.  Your  attention  is  also  especially  directed  to  tne  last  two  jumgraplis 
of  Department's  decision  of  May  23, 1883  (S.  5729),  for  your  further  guidance  m  micL 
matters. 

Respectfully,  yours, 

C.  S.  FAIRCHILD, 
Assistant  tlecnlanj. 


J.  O.  M, 


C  14,  1120i 
D  133-249. 


-'■I 


Treasury  Department, 

Office  of  the  Secretary. 
fVashington,!).  C,  ./(/HMar//;tO,lHSC. 
Collector  of  Customs, 

Saint  Vincent,  Minn.: 
Sir  :  The  Department  is  in  receipt  of  a  lettor,  dated  the  2f)th  ultimo,  from  Messrs, 
Laflin  &  Co.,  No.  40  State  street,  Chicago,  111.,  from  which  it  would  iippear  that 
large  quantities  of  fresh  fish  canght  in  the  lakes  of  Manitoba,  and  naturally  frozen, 
are  imported  at  your  port  free  of  duty  as  fresh  fish  for  immediate  consuinptioii 
whereas  they  are  not  in  fact  for  immediate  cons'-.mption  but  aro  intended  for  salet* 
smaller  dealers,  or  to  be  held  for  retail  to  consumers,  by  the  importers. 


AMERICAN  FISHERIES. 


625 


,  Inconnectidii  tlicrowitb,  I  inclose  for  your  inforrautioa  aud  guiduuco  a  copy  of  a 

."etto addressed  by  the  Department  to  the  collector  at  Port  Huron,  Mich.,  on  the  20th 

instant,  from  which  you  will  perceive  that  the  fact  that  fish  are  frozen  naturally,  and 

I  not  by  artificial  means,  docs  not  affect  the  question  as  to  their  being  intended  for  im  • 

I  mediate  consumption. 

I  I'onr  attention  is  also  especially  directed  to  the  last  two  paragraphs  of  Depart- 
ment'o  decision  of  May  23, 1883  (S.  .'J7'2y),  for  youT  further  guidance  in  such  matters. 
Respectfully,  yours, 

C.  S,  FAIRCHILD, 

Aasidtant  Secretary. 


I  J,  G.  M.— B 1 1-4G52.  I  Theasuky  Department,  i 

D  13&-144.         5  Office  of  the  Seckbtary, 

Washington,  D.  C,  January  30,  1"86. 

!Je88r8.LAFUN&Co., 

No.  40  State  street,  Chicago,  III. : 

Gentlemen  :  In  reply  to  your  letter  of  the  22d  instant,  you  arc  informed  that  the 
Department  cannot  i)ass  lipoii  tho  classification  of  "Manitoba  frozen"  and  "summer- 
cauijliffish  in  advance  of  their  importation,  and  in  the  absenco  of  jirotest  aud  ap- 
peal from  tlio  decision  of  the  collector  of  customs. 

The  question  whether  lish  are  fresh  and  for  immediate  consumption  must  be  decided 
ineaclicaso  by  the  collector  in  accordance  with  the  rulings  of  the  Department,  and 
the  facts  as  they  can  be  ascertained. 
Respectfully,  yours, 

C.  S.  FAIRCHILD, 

Assistant  Secretary, 


Laflin  &  Co.,  CniCAGO,  February  4, 1886. 

I  C,  S.  FAIRCHILD, 

Auistant  Secretary  of  the  Treasury,  Washington,  D.  C. : 

DearSiu:  Wo  inclose  protest  sent  United  States  collector  at  Port  Huron,  to  save 
I  Loggin  tbo  shipper,  should  other  parties  succeed  in  getting  their  duties  refunded. 
Wcaro  in  receipt  of  yours  aflQrming  the  decision  of  collector  at  Port  Huron ;  also  yours 
I  pf  January  20,  stating,  in  answer  to  onr  inquiries,  that  it  waa  for  the  collectors  at  the 
I  Manitoba  boundary  and  Sault  Sainto  Mario  to  decide  if  fish  (fresh  or  frozen)  in  largo 
!  were  subject  to  duty.    We  do  not  know  how  to  get  at  it  unless  wo  import  fish, 
hndifaduty  is  imposed  appcjil  lo  the  Department;  but  as  the  sellers  want  to  sell  at 
homo,  we  cnunot  agree  on  a  price  unless  avo  figure  a  duty  same  as  on  a  lot  of  smelts. 
Tliis  the  sellers  are  not  willing  to  do.    They  claim  they  are  shipping  fresh  iish  in 
211,000  lots  into  this  coimtry  free  of  duty.    Wo  do  not  know  where  the  customs  are  col- 
lected on  importations  from  Manitoba  into  this  country,  or  would  write  to  collector; 
ktit  seems  to  uh  if  the  Port  Ilnron  collector  is  right,  then  all  other  custom-houses 
Uonld  1)0  instructed  lo  collectsamodutieson  same  class  of  goods,   Ono  importer  claims 
kcould  brinjjhis  fish  from  Port  Huron  in  bond  to  hero.    In  such  case,  should  the 
Chicago        ctor  decide  they  were  entitled  to  free  entry,  they  wonld  come  in  free, 
while  tL<i     iliat  pass  at  Port  Hnrou  would  bo  at  a  disadvantage  of  one-half  c^nt 
perpound  (a  lar}j;e  disadvantage  to  a  wholesale  dealer).    There  can  bo  no  such  thing 
as  tons  of  tish  being  for  "immediate  consumption."    Fifty  or  a  hundred  pounds  fish 
I  might  bo  for  iniincdiato  use,  but  larger  quantities  usually  pass  through  many  hands 
I  before  reaching  the  consumer.     Cannot  this  matter  bo  taken  up  by  the  Department 
•nd  ii  decision  reached  that  will  apply  to  all  places  of  entry  from  Canada,  either  in 
fresh  or  frozen  lisli?    Wt%  aud  other  dealers  as  well,  cannot  conduct  our  business  in- 
hgently  whcu  tlie  matter  is  left  for  different  collectors  to  determine  Avhat  fish  shall 
j  cost  us,  or  what  wo  shall  sell  at,  as  Canada  fish  are  heavy  comjietitors  at  times.    A 
irge  amount  of  capital  is  invested  in  this  country  in  boats,  tugs,  nets,  freezing- 
houses,  and  largo  bodies  of  men  are  employed ;  all  of  which  is  useless  if  Canada  fisli 
;  can  come  in  free  and  undersell  us. 
The  lake  fishing  industry  of  the  United  States  is  much  larger  than  most  people 
arc  aware  of,  as  no  reliable  statistics  have  ever  been  published.    The  men  are  hardy, 
fearless  sailors.    Their  business  is  a  precarious  one,  and  none  of  them  average  more 
thanaUvingfor  themselves  and  families,  excepting  those  having  large  capital  that 
MheavUy ;  they  have  successful  years,  and  make  some  money  in  the  long  run. 
Yonrs,  respectfully, 

LAFIilN  &  CO, 


526 


AMERICAN  FISHERIES. 


J.  G.  M.— C  14-11788.  ?  Treasuky  Dkpartment, 

D 133-317.  J  Office  of  the  Secretauy, 

Washington,  D.  C,  FebruantS,  iggg, 

COLLBCTOK  OF  CUSTOMS, 

Port  Huron,  Mioh.: 

Sir  :  Your  assessment  of  duty  at  the  rate  of  ouo-balf  cent  per  yound  on  certain 
frozen  cod-fish  and  lierring  imported  into  your  district  from  Britisu  North  America 
being  in  accordance  with  Department's  decisions  of  January  3,  )**77  (8.  3062),  June 
27,  lb77  (S.  3280),  and  May  23,  1883  (S.  0721)),  is  hereby  affirmed  on  the  followin" 
appeals  submitted  by  you  on  the  2d  instant,  viz.:  ° 

2079o,  C.  A.  Ingalls,  SO  boxes,  per  G.  T.  U.  R.,  January  W,  188(5, 
2080O,  C.  A.  Ingalls,  87  casks,  per  G.  T.  R.  R.,  January  26,  1886. 
Respectfully,  yours, 

C.  S.  FAIRCHILD, 
Aaaiatant  Secretw^. 


G.  M.— C  14-11815. 
D.  13S-330. 


Treasury  Department, 

Office  of  the  Secretary, 
Washington, D.  C,  Fihrmry'J,  1866. 
C01J.ECTOR  OF  Customs, 

Port  Huron,  Mich.: 

Sir:  Your  assessment  of  duty  at  the  rate  of  one-half  cent  per  pound,  ou  tcrtain  i 
fro/'tt  smelts  imported  into  your  port  from  the  Dominion  of  Canada,  being  in  accord- 
am  o  with  Department's  decisions  of  January  3, 1877  (S.  3062),  Juno  27, 1877(8.3280), 
and  May  23,  1883  (8.  5729),  is  hereby  afiQrmcd  on  the  appeal  (2311o)  of  C.  A.  Ingalls  | 
per  rail  (car  No.  418),  January  4,  1886, 
Respectfully,  yours, 

C.  A.  FAIRCHILD. 
Assistant  Secretary. 


J.  G.  M,— C  14-12102.  }  Treasury  Department, 

D,  13;j-373,  5  Office  of  the  Secretaky, 

Washington,  D.  C,  February  12, 1886, 
Collector  of  Customs, 

Port  Huron,  Mioh. : 

Sib:  In  your  assessment  of  duty  at  the  rate  of  one-half  of  one  centperpouudon  j 
certain  frozen  trout  and  smelts  imported  into  your  district  from  Canada,  being  in  ac-  j 
cordanct  Avith  Department's  decisions  of  January  3,  1877  (S,  3062),  Judo  27,18?' 
(S,  3280o),  and  May  23,  1883  (S,  5729),  is  hereby  affirmed  on  the  appeals,  2733o  am 
2734o  of  C,  A,  Ingalls,  covering  importations  per  rail  (2,152  iiounda),  January  2i),18S 
and  20,100  pounds,  January  29,  1886, 
Respectfully,  yours, 

C.  S.  FAIRCHILD, 
Assistant  Secrctapj. 


Chicago,  February  9, 1886. 
Hon.  Daniel  Manning, 

iScvretarif  of  the  IVcasiirii,  Washington,  I).  C: 

Dear  Sir:  I  have  tbo  honor  to  call  the  Department's  attention  to  the  deiisioDgj 
which  have  been  made  upon  appeals  from  tbo  a-ssessmont  of  duty  at  Port  Huron  and  j 
elsewhere  upon  fresh  fish  imported  during  the  cold  weather  in  a  frozen  coDditioD.I 
from  Nova  Scotia  and  Canada,  for  immediate  consumption  in  the  largo  markets  of! 
the  country,  I 

Tho  collector  at  Port  Huron  has  been  following  a  decision  of  January  20, 1886,  npouj 
an  appeal  of  Laflin  &  Co,,  Chicago,  on  frozen  smelts  from  Chatham.  j 

Certain  clients  of  mine,  Messrs,  A,  Booth  &  Son,  J,  D.  McNab  &  Co.,G.  S.  Sloan,i 
and  R,  B,  Boak,  being  largely  interested  in  the  importation  of  fresh  lish  forimmcdi-j 
ate  consumption,  have  brought  in  several  largo  lots  of  smelts,  trout,  and  herring atj 
Port  Huron,  on  all  of  which  a  duty  h."s,been  collected,  principally,  as  I"™  j™:"! 
believe,  on  tho  ground  that  the  importations  "never  embrace  less  than  20,000  Ml 
30,000  pounds  of  fish,  and  that  tho  quantity  imported  and  tho  fa6t  that  they  can  Del 
kept  for  months  in  this  condition  precludes  the  idea  that  they  are  intended  for  innne-l 
diato  consumption."    (See  letter  of  collector,  Port  Huron,  January  I'J,  1886.)         I 

One  of  tho  principal  difficulties  experienced  in  securing  from  tho  Department  >| 
proper  decision  upon  an  appeal,  is  believed  to  be  tbo  failure  on  the  part  ot  apprai**''! 


AMEBICAN  FISHEBIES. 


527 


jcd  collectors  to  infonn  the  Department  of  the  facts  in  any  particular  case  fully  and 
i  nsucb  tt  manner  as  to  enable  the  Department  to  come  to  a  proper  nnderstaudiug  of 
i  ibequeetion  presented,     in  this  case  the  Department  has  been  led  into  error,  it  seems, 
OB  account  of  the  collector  having  stated  conclusions  formed  favorable  to  the  assess- 
Dient  of  duty  rather  than  a  fair  arrangement  of  facts,  from  which  the  Secretary 
conld/jome  to  a  decision  within  the  meaning  and  intent  of  the  law. 
With  a  view  to  obtain,  if  possible,  a  reconsideration  of  this  fresh-fish  question,  1 
Ka;E  the  honor  to  suggest  that  the  decisions  cited  in  Department  letter  on  Laliin's 
jppeal,  viz,  3062  and  3280,  do  not  apply  to  the  facts  as  they  exist  in  these  cases  to 
htMch  i  desire  to  call  attention.    S.  S.  a062  is  a  cast  of  fish  frozen  by  a  patent  pre- 
ierriD"  process,  by  means  of  which  they  may  bo  kept  for  a  long  time.    S.  S.  328C  and 
Jadge^Brown's  decision  are  upon  a  case  disclosing  the  fact  that  the  fish  had  been 
frozen  "in  barrels  or  in  largo  pans  in  a  solid  mas?  or  cake."    We  import  many  thou- 
sand pounds  of  such  fish  so  frozen  every  year,  and  have  never  objected  tj  the  pay- 
Lectof  duty  ihoreon.    The  fact  is,  and  the  collector  should  have  so  stated  to  the 
Department,  that  the  fish  of  Laliin,  Booth,  McNab,  Sloan,  and  Baak  are  taken  in  the 
mtereof  Halifax,  and  as  soon  as  they  are  out  of  the  water  freeze  stiff  on  the  ice, 
j  from  where  they  are  picked  up  and  merely  thrown  loose  into  barrels  and  boxes. 
iTkeyare  not  covered  with  wa*;er  and  frozen  in  the  barrels  or  boxes,  but,  as  I  say, 
I  each  individual  fish,  already  frozen,  is  thrown  into  the  barrels  like  so  many  pieces  of 
j  kindling  wood. 

I  Of  course,  it  is  only  during  very  cold  weather  that  the  fish  for  immediate  consump- 
ition  can  be  so  transported  and  got  to  market  in  large  quantities.  Almost  all  of  these 
[fill  are  sold  for  consumption  in  the  various  markets  which  are  supplied  from  Chicago 
[kg before  tEoy  arrive,  and  the  shippers  have  to  run  the  risk  of  getting  them  into  the 
linjiket  in  weather  cold  enough  to  preserve  them  fresh.  It  u  very  rare  that  we  have 
lievendays  of  continuous  freezing  weather  hero,  and  as  the  fish  arc  caught  in  a  muoh 
leolder  climate,  a  slight  thaw  often  ruins  large  quantities  of  them  even  before  arrival 
I  in  Chicago. 

I  The  collector  at  Port  Huron  is  in  error  in  stating  that  the  quantities  are  too  large 

Iforimmediato  consumption,  as  the  facts  will  show.    Messrs.  Booth  &  Son  are  believed 

[;obethe  largest  fish  dealers  in  the  United  States ;  they  have  fish  houses  in  all  of  the 

llarge  cities  of  the  West,  supplying  therefrom  the  hotels,  restaurants,  and  public  gen- 

leally,  and  the  supply  at  no  time  during  the  coldest  weather  is  more  than  equal  to 

[tlie  demand.    They  ship  from  Chicago  as  high  as  forty  tons  of  fresh  fish  by  rail  during 

liangle  week,  and  the  other  dealers  whoso  names  I  have  given  are  very  large  dealers 

linfiesh  fish.    They  never  salt  a  single  fish,  and  it  is  fair  to  assert  that  not  a  hundred 

iof  tlio  fish  imported  by  them  in  the  muunor  I  have  stated  are  kept  on  hand 

Ik  more  than  a  day  or  two.    They  are  not  sold  lO  curcrs  of  fish,  but  go  immediately 

Ito  the  tables  of  the  consumers  in  every  city  and  town  accessible  by  ran  from  Chicago 

IloDenTer.   These  importations  are  but  a  small  pavt  of  the  fresh  fish  daily  consumed 

liithiaand  adjacent  cities.    This  is  the  main  distributing  point,  and  of  course  the 

jcold  weather  is  availed  of  to  import  the  fish  in  the  freshest  condition  possible. 

I  This  is  not  a  doubtful  question,  and  one  which  justifies  a  decision  in  favor  of  the 

llreMary,  thus  to  compel  the  importer  if  aggrieveil  to  appeal  to  the  courts  for  cor- 

Itection.   The  law  doubtless  means  just  what  thotje  in  trade  and  commerce  mean 

Itiien  they  say  that  fish  are  fresh,  and  for  immediate  consumption,  viz,  that  they  are 

Ito  be  eaten  before  undergoing  any  process  calculated  to  preserve  them  for  future  con- 

■wmption,  either  of  salting,  freezing,  or  smoking.    It  cannot  be  that  Congress  in- 

Itndedfish  for  immediate  couLuraption  should  be  consumed  within  the  immediate 

precincts  of  the  custom-house.    They  are  brought  many  hundred  miles  before  being 

md  through  the  custom-house,  and  the  law  docs  not  limit  the  extent  of  territory 

liMch  they  many  traverse,  after  having  been  passed  through  the  collector's  office,  be- 

Ifotebein^  consiimetj.    These  fish  are  treated  as  perishable  and  are  not  admitted  to 

Itiie benefits  of  the  immediate-transportation  act;  hence  it  is  quite  clear  that  there  is 

IM  consistency  between  such  treatment  and  the  report  of  the  collector.    It  cannot  bo 

Impposedthai  the  law  is  so  absurd  as  to  refer  only  to  an  occasional  string  of.  fish 

|onght  with  a  hook  in  the  waters  about  Port  Huron,  or  within  range  of  the  custom- 

™8e  there.    The  importers  of  those  fish  are  merchants  employing  enormous  capital 

Uneir  business,  and  are  disposed  to  deal  fairly  and  honorably  with  the  Treasury 

apartment,  and  do  not  think  that  the  great  extent  of  their  business  should  be  made 

inound  for  depriving  them  of  the  privileges  enjoyed  by  those  who  are  able  to  import 

"Is  "   .^  P0uml8  of  fish  for  their  immediate  usj  at  the  place  of  importation. 

Here  18  no  uniformity  of  practice  in  this  business,  it  seems,  from  a  case  which  I  am 

Mormed  was  brought  to  the  Department's  attention  on  the  Massachusetts  coast.    Last 

immer  the  cargo  of  the  schooner  Neskletin,  of  Lockeport,  Nova  Scotia,  was  entered  at 

mcester,  Mciss.    It  eonyistad  of  fresh  halibut  for  immediate  consumption,  and  the 

^', '^'''>*«e8sed  duty  upon  it,  but  the  Department  ordered  a  reliquidation  of  so  much 

J^™  J*  ^'^^^  found  to  bo  fresh.    Some  portions  which  were  sold  to  smokers  were 

^*ed  a  duty.    We  hear  of  fresh  fish  for  immediate  consumption  being  imported  in 

«ea8tfim  ^aiU  in  large  quantities,  compared  with  some  of  which  our  importations 


528 


AMERICAN   FISHERIES. 


arc  quite  insignificant.  They  are  passed  as  free,  and  ver^y  properly  so.  And  we  do 
not  beliovo  the  Department  would  have  applied  the  decisions  3092  and  32ft0  to  theie 
cases  of  ours  if  the  collector  had  not  thrown  up  his  hands  in  holy  horror  at  the  idei 
ol  any  nation  being  able  to  consume  20,000  pounds  of  smelts  in  one  importatiou. 

Wo  do  not  want  to  resort  to  the  courts  in  these  cases.    They  are  too  plain  (or  arm- 
meut;  but  if  the  Department  will  consider  them  I  will  procure  sworu  statements  of  I 
the  extent  of  the  fresh-fish  traffic  in  Chicago  carried  on  by  my  clients,  and  transmit 
them  to  you  in  orderthat  you  may  bo  able  to  judge  whether  in  this  case  the  "pnn. 
jshmcnt  fits  the  crime." 

Awaiting  your  reply,  I  am,  very  respectfully, 

PERCY  L.  SHUMAN, 
Attorney  for  A.  liooth  etal 

J.  R.  L.] 

Treasury  Dbpartment,  Offick  of  the  Secretary, 
Waahingion,  D.  C,  February  13, 181 
Mr.  Pbrct  L.  Shuman, 

12  Borden  Block,  Chicago,  III. : 

SJ!'.:  The  Department  duly  received  your  letter  of  the  9th  instant,  relative  to  the  I 
assessment  of  duty  by  tho  collector  at  Port  Huron,  Mich.,  upon  certain  fresh  fish,  so] 
called,  imported  in  a  frozen  condition  from  Nova  Scotia  and  Canada,  for  alleged] 
immediate  consumption  in  the  large  markets  of  the  country.  After  a  careful  eonsidl 
eration  of  tho  arguments  submitted,  the  Dopavtraont  sees  no  occasion  for  any  action  j 
in  the  matter.  i 

The  question  as  to  whether  fresh  fish  are  for  immediate  consumption  is  ouoto  bcj 
determined  in  the  first  instance  by  the  collector  at  the  port  of  arrival,  who  must  lei 
guided  in  such  cases  by  the  circumstances  surrounding  each  importation  and  Depart-I 
ment's  decisions  heretofore  rendered  in  similar  cases.  It  is  the  opinion  of  thoDe-j 
partmeut  that  the  term  "immediate  consumption"  cannot  be  construed  to  haveaj 
different  meaning  for  the  several  reasons,  and  an  importation  of  fish,  so  extensive  ial 
quantity  as  to  require  days  for  its  distribution  to  the  various  markets,  and  whichf 
accordingly  could  not  be  considered  as  for  immediate  consumption  in  the  warmcrl 
season,  cannot,  by  reason  of  continued  low  temperature  at  another  season,  be  cousid-j 
ered  as  entitled  to  additional  privileges  in  consequence  thereof.  As  stated,  tho  coli 
lector  at  the  port  of  importation  must  be  the  judge  in  the  first  instance  as  to  whetiicrl 
any  particular  importation  falls  within  the  provision  of  the  free-list,  and  tho D«f 
partment  Ci:nnot  undertake  upon  a  general  statement  of  the  practice  in  snch  mattcra| 
to  establish  any  other  rule  for  his  guidance. 
RespeclfuUy,  yours, 

C.  S.  FAIRCHILD, 
Assistant  Secretarj. 


J.  R.  L.    C.  14-12523.  )  Treasury  Department, 

D.  133—382.  J  Offick  of  the  Secretary, 

Washington,  D.  C,  February  13,  IWC. 
Collector  of  Customs, 

Fort  Huron,  Mich. : 

Sib:  Your  assessment  of  duty  on  certain  fresh  fish,  being  in  accor'lance  with  1 
partment's  decisions  of  January  3,  1877  (S.  30G2),  Juno  27,  1877  (S.  3*280),  and  Mai 
23,  1883  (S.  5729),  is  hereby  affirmed  on  the  appeal  (9340m)  of  Messrs.  Laflin&Co| 
covering  an  importation  per  rail  (car  No.  1309)  January  19  last. 
Respectfully  yours, 

C.  S."  FAIRCHILD, 
Assittant  Seiretarij. 


J.  R.  L.     C.  14-12524 
D.  133—38^. 


Treasury  Department, 

Office  of  the  Secretary, 
Washington,  D.  C,  February  13,  M  j 
Collector  of  Customs, 

Port  Huron,  Mich,: 

Sir:  Your  assessment  of  duty  on  certain  smelts,  being  in  accordance  with  Depart 

mont's  decisions  of  January  3,  1877  (S.  3062),  Juno  27,  1877  (S.  32fl0),  and  Ma.T^ 

1683  (S.  5729),  is  hereby  affirmed  on  tho  appeal  (2306  o)  of  Summers,  MorriBon  &  ^^ 

covering  importations  per  rail  (car  No.  1565)  January  35  last. 

Respectfully  yours, 

C.  S.  FAIRCHILD, 
Assistant  Svcremi 


AMERICAN   FISHERIES. 


529 


Boston,  February  17,  1886. 
Ion  DASiKL  Manning, 

Secretary  of  the  Treasury,  IVahhinyton,  D.  C. : 
!  Sib:  On  the  I8tli  of  December,  1885,  we  imported  fi-oui  the  British  Provinces  100 
iirtclit mackerel  by  the  Boston  and  Maine  Railroud,  entering  the  same  at  thocnstom- 
loiisn  here  and  pay  i'lB  duty,  and  at  same  time  tiled  our  protest  and  appeal,  as  Las  been 
bcustom  on  all  entries  of  fish  since  July  last. 

lOn  the  ht  of  this  month  wo  vero  notified  by  tho  custom-honso  authorities  that 
iTarocentciociMiou  of  the  Treasury  Department  no  more  protests  would  bo  received 
lmiilt'mall''l"''l'''^*'""  °^  ^^^^  entries,  and  then  only  within  ton  days  of  said  liquidation. 
I  T(Hlay  we  are  notified  that  tho  protest  made  on  tho  above  entry  is  rejected,  and  as 
Lfntrywas  liquidated  February  1,  we  are  barred  from  renewing  the  protest,  tho 
b (lays  having  expired.  We  have  not  yet  received  from  your  Department  tho  cus- 
loDwn  notice  referring  us  to  tho  collector  hero'  for  a  decision  on  our  appeal  in  this 

tWe  would  rospoctfully  ask  whether  wo  should  bo  barred  from  our  right  of  protest 
10(1  appeal  under  the  above  circumstances. 
Kespcctfully  yours, 

EDWARD  T.  RUSSELL  &  CO. 

Halifax,  February  18,  1886. 
teASURY  Depaktment, 

Washington,  U.  S.  A. : 

I  Oullie  20th  January,  1886,  I  made  a  shipment  of  fresh  frozen  fish  for  immediate 
joDsumptiou  to  Chicago,  111. — invoice  No.  40,  value  f 330.10;  Mr.  Ingalls,  collector 
llPort  Huron,  through  whose  care  car  was  scut,  as  per  instructions  from  your  consul- 
pneral  and  railway  authorities.  On  the  car  arriving  at  Port  Hiiron  it  was  detained 
td duty  demanded,  which  my  consignee  in  Chicago  had  to  remit  to  Port  Huron  be- 
tre  your  author]  ties  would  allow  carlo  proceed.  This  caused  a  delay  of  several  days, 
fchichwill  he  a  heavy  loss  to  me  bcsido  the  duty  which  was  unlawfully  collected ;  but 
[presmne  it  will  bo  promptly  returned  to  mo  or  my  agent  in  Chicago  when  it  is 
loperly  hrought  to  your  notice.  An  early  reply  is  solicited. 
Yours,  truly, 

C.  W.  OUTHIT. 

Chicago,  2,  28, 1886. 
'S.  Fairciiim),  P.Hq., 

Amstant  Svc7rJary  Treamiry,  Washington,  2>.  C: 
I  Dear  Sir  :  \Vt!  h.avo  no  answer  from  you  to  onrs  of  February  4.  We  have  written 
Kiillectors  at  Saint  Vincent,  Minn.,  and  Sault  Saint  Marie,  Mich.  The  former 
[eciiles  that  lish  in  largo  quantities  are  subject  to  duty  of  JJO  cents  on  the  100th. 
I'lattersays  "  he  will  likely  continue  the  practice  of  passing  fresh  fish  free  for  im- 
«liate  cousuraption  until  otherwise  ordered  by  tho  Department."  The  fish  entered 
I  to  place  lor  import  to  United  States  are  in  such  quantities  as  to  preclude  the 
aof  iniuiodiate  consumption,  their  shipments  from  them  ranging  from  1,  2,  and  3 
^nstoiiO  touH,  twice  a  week,  to  this  i)ort,  and  probably  as  much  more  for  Detroit, 
Mo,  Cleveland,  and  other  places,  all  of  which  do  not  go  into  immediate  consumtj- 
Kbutpass  thiongli  several  liands  before  reaching  consumers.  Next  month  many 
TOrmen  conic  in  to  contract  their  season's  catch,  and  it  is  important  to  both  buyer 
idiioller  to  know  if  Canadian  fresh  iish  packed  in  ice  in  large  quantities  are  subject 
Mnty  or  not. 

jHopiug  for  an  early  reply,  we  are. 
Yours,  respectfully, 

LAFLIN  &  CO. 


[Ih.   C.  14-12,.')G().  )  Tkeasury  Department, 

D.  ISMIO.  5  Officb  of  the  Secretary, 

Washington,  D.  C,  February  17,  1886. 

CoLLECTou  OP  Customs, 

Bangor,  Me, : 

Sitt;  The  Dciiartment  is  in  receipt  ()f  your  letter  of  the  12th  instant,  reporting  on 
appeal  2;n0o,  of  the  Maiuo  Central  Railroad  Co.,  against  the  exaction  of  duty  at 
rate  of  25  per  cent,  ad  valorem,  on  certain  frozen  salmon:  imported  at  Vance- 
',m  your  district,  from  Canada,  on  tho  22d  ultimo,  tho  appellants  claiming  that 

Ptish  are  free  of  duty  under  the  existing  tariff  laws. 

S.  Ex.  113 34 


630 


AMERICAN   FISHERIES. 


The  Departiiioiithofl  bcrotofoie  docidod  that  frozen  Naluion  of  the  chaniclor  of  thow  i 
iu  quostion  are  dutinbh>  ou  importation  at  the  rato  of  ^  of  ono  cent  l>or^])o^nd  and 
you  will  80  instruct  your  deputy  iit  Vanccboro,  ' 

No  refund  of  the  difference  between  the  rate  properly  due  (4  of  ono  cent  per  pounil) 
and  25  per  cent,  ad  valorem,  the  rato  assessed,  can  bo  made,  as  the  appullnntshave 
not  claimed  the  correct  rato  in  their  protest  and  appeal. 
RcBpoctfully,  yours, 

W.  E.  SMITH, 

Assistant  Secnlar). 


J.  G.M.     li.  11-()25I.  )  .    I'UKAtJUllY  IJKl'AllTMKNT, 

D.  136-307.         ^  Office  of  tile  Skcuktary, 

Washington,  1).  V.,  Fcbruarij  23, 1886. 
Messrs.  Ei  T.  Russkli.  «fc  Co., 

J'.  0.  Box  5279,  Boston,  Maes. : 
Gentlemen  :  In  reply  to  your  letter  of  the  17tli  instant,  you  are  informod  that  thel 
Department,  by  letter  to  the  collector  of  customs  at  Boston,  dated  the  'Jth  instant 
declined  to  entertain  your  appeal,  2313  0-986,  covering  certain  salt  lisli  impcrtedj 
from  Canada,  for  the  reason  that  the  protest  therein  was  filed  prior  to  thedateofj 
liquidation,  and  that  duo  notice  of  Department's  acMon  was  forwartled  to  yourad-j 
dress  on  the  same  date. 

As  it  appears  from  your  own  statement  that  the  entry  in  the  case  yoii  refer  to  wajj 
liquidated  February  1,  on  which  date  you  wore  notified  by  the  custom-house  autiicrj 
ities  of  the  Department's  decision  that  protests  filed  prior  to  the  date  of  liquidatioDJ 
could  not  bo  entertained,  no  reason  is  perceived  for  reconsidering  the  action  of  the} 
Department  in  refusing  to  entertain  tho  appeal  iu  question. 
Respectfully,  yours, 

C.  S.  FAIllCHILD, 
Assistant  Secrtkn 


CusTOM-HousE,  Boston,  Mass., 

Collector's  Office,  February  2b,  \Si6. 

Hon.  Daniel  Manning, 

Secretary  of  the  lYcasurtf,  Washington,  D.  C. : 
Siu:  Respectfully  referring  to  Department  ittor  (J.  G.  M.)  of  tho  9th  instant,:" 
closing  tho  appeals  2312o-8o,  2313o-986,  231  lo-91o,  23I5o-75,  forwarded  witii  at 
report  thereon  on  the  5th  instant,  wherein  I  am  informed  that  said  appeals  cannoj 
be  entertained  under  Department  circular  of  the  23d  ultimo.  I  beg  leave  rcspectfullfl 
to  return  2313o-986  of  E.  B.  Russell  &  Co.,  wherein  tho  filing  of  protest  andliqnida'j 
tion  of  tho  entry  occurred  jnior  to  February  1  instant. 

Awaiting  the  further  direction  of  tho  Department  in  the  premises,  I  am,  sir,  yon^ 
obedient  servant, 

L.  SALTONSTALL, 

Colkdor, 


J.  G.  M.    C.  11-13238.  )  Tkeasuky  Department, 

P.  133-467.  S  Office  of  the  Skcketaby,      j 

Washington,  D.  C,  Fehrnary  25,  IBSt.  j 
Collector  of  Customs: 

Boston,  Mass.: 

Sir:  Your  assessment  of  duty  on  certain  salted  salmon  imported  into  younj^l 
from  Canada,  via  St.  Albans,  Vt.,  since  July  1,  1885,  being  in  accordance  with  m 
partment's  decisions  of  June  17,  1886  (S.  6970),  and  July  14,  1886  (S.  7020),  ishfreM 
afiBrmed  on  the  following  appecls  submitted  by  you  on  tho  19th  instant,  viz,  iitjl 
D.  W.  Job  &  Co.,  per  R.  R.,  February  11, 1386 ;  ^-^o,  E.  T.  Russell  &  Co.,  per  K.  IJ 
February  8,  1886. 

Respectfully,  yours,  ^„„  ,^ 

C.  S.  FAIKCHILD, 
Assistant  Secrttiri. 


AMERICAN  FISHERIES. 


531 


hll-C!?'!.  i  TBEA8URY  DKPARTMENT, 

In lULtii  \  Offick  of  tiik  Secbetaky, 

"•'*■     ^'  Wamngton,  I),  v.,  February  25,  ism. 

Ic  W.OUTIIIT,  Eh(|., 

118  to  120  Harrington  street,  Halifax,  N.  S.  : 
Sir:  Tbe Depart iiieiit  is  in  receipt  of  jour  letter  of  the  IStb  instant,  in  regard  to 
itheiniportatiou  at  Port  Huron,  Mich.,  of  frozen  iish  and  of  duties  levied  tbereon. 

In  reply  I  tnnwinit  herewith  a  copy  of  a  letter  dated  the  20th  ultimo,  addressed  to 
I  ihe  collector  of  customs  at  Port  Huron,  in  regard  to  a  similar  case,  and  have  to  in- 
form you  tliat,  lis  understood  by  the  Department,  the  action  of  the  coUectoi-  at  Port 
Huron  in  assess! ug  duty  upon  your  importation,  was  in  accordance  with  the  usnal 
I  practice  iu  siicli  cases. 
'       Respectfully,  yours, 

'  C.  S.  FAIRCMLD, 

Assistant  Secretary 


I  J,  CM.   C.  14-132C9, 
D.  1:18-15. 


■\ 


Treasuuy  Department, 

Office  of  the  Secretary, 
Washington,  1).  C,  February  27,  1886. 


IcoaKCTOR  OK  Customs, 

Port  Huron,  Mich. : 
Sib;  The  Department  is  in  receipt  of  your  letter  of  the  12th  instant,  submitting  the 
IfoiowiDj;  appeals  from  your  assessment  of  duty  on  certain  frozen  tish,  imported  at 
Ijourport,  viz:  '2944o,  C.  A.  Ingalls,  January  9,  1886;  294.50,  E.  W.  Bromilow  &  Co., 
Ijinnarv  26, 1B8() ;  2946o,  G.  C.  Sloan,  January  30,  1886;  2947o,  K.  B.  Boak,  January 
130,1^86;  29480,  K.  B.  Boak,  February  3,  18d0|  2949o,  C.  A.  Ingalls,  February  8,  1886. 
I  Von  report  that  the  importations  are  similar  in  character  to  that  of  Mr.  C.  A.  Ingalls, 
Itovered  by  the  Department's  decision  of  the  20th  uUiiro  (not  published). 

The  claim  of  the  appellants  that  the  Iish  iu  question  are  exempt  from  duty  under 
llie provision  in  the  free  list,  act  of  March  3,  1883  (T.  I.  new  699),  for  "fish,  fresh,  for 
■inimediate  consamption,"  is  therefore  rejected,  and  your  assessment  of  duty  thereon 
[iffirmed. 

Respectfully,  yours, 

C.  S.  FAIRCHILD, 

Assistant  Secretary. 


IJ.G.M.  C 14-13263.  ^  Treasury  Department, 

D 138-9.  J  Office  of  the  Secretary, 

Washington,  D.  C,  February  27,  1886. 

|C0LI,ECTOK  OF  CUSTOMS, 

Boston,  Mass. : 

Sir:  Your  assessment  of  duty  ou  certain  salted  cod  and  mackerel  imported  into 

onrporl;  from  Canada  since  July  1,  1886,  being  in  accordance  with  Department's  de- 

|ti!ion8of  Juno  17,  188.5,  8.  6970,  and  July  14,  1885,  S.  7020,  is  hereby  affirmed  on  the 

ippeal  29840-144  of  A.  S.  Vinsor  &  Son,  covering  an  importation  per  S.  G  Irwin, 

iDecembcr  28, 1885. 

Respectfully,  yours, 

C.  S.  FAIRCHILD, 

Assistant  Secretary. 


[J.G.  M.  C  141-3384.  >  Treasury  Depautmeht, 

D.  138-27.  J  Office  of  the  Secretary, 

Washington,  D.  C,  March  3,  1886. 

'OLIECTOR  OF  CUSTOMS, 

Marquette,  Mich. : 

Sm:  I  transmit  herewith  a  letter  from  Messrs.  Lalliii  &  Co.,  of  Chicago,  dated  the 
«h  nltimo,  in  which  it  is  stated  that  the  praclice  at  Sault  St.  Marie,  in  your  district, 
>o  admit  free  of  duty  as  "  fresh  fish  for  immediate  consumption,"  large  quantities 
frozen  fish,  ranging  from  one  to  twenty  tons  per  importation,  for  transportation 
Detroit,  Buffalo,  Cleveland,  and  other  places. 

1  also  enclose,  for  your  information  and  guidance  in  such  matters,  copy  of  Depart- 
inU  letter  of  January  20,  last,  to  the  collector  of  customs  at  Port  Huron,  Mich., 
eimilar  importations  at  that  port,  and  I  will  thank  you  to  return  the  first-named 
icloenre,  witli  a  report  thereon,  at  your  early  convenience. 
Respectfully,  yours, 

C.  S.  FAIRCHILD,     - 
Acting  Secretary. 


532 


AMERICAN   FISHERIES. 


J.  O.  M 


B  11-6805 
D.  136-375. 


■\ 


tukahury  dkrautmknt, 

Okkick  ok  THK  Skouktak,', 

li'anhin<jl(»i,  J).  C,  jWarcA  3,  Kjoo. 
Messrs.  Lafwn  &  Co., 

40  A'fttfo  street,  Chkago,  111. : 
Okntlemkn:  Tliu  Dopartniciit  ih  in  ri'(!«Mpfc  of  your  hitter  of  tim   Itli  iiltiini),  wit|  ] 
iiicli)8ure,  aud  iiImo  yonr  IcttiM* <lat«!(l  tlio  '-i8  iiUiiiKi,  in  tlio  iiiattor  of  tliti iillegixl  illcMlj 
importiitiouH  of  IVozoii  Imli  at  Kiiiill  St.  Alaric.  ] 

The  incloHuro  (appeal)  liaH  bcnn  forwardcMl  to  the  collector  at  Port  Huron,  Mich.  I 
for  his  report  thereon,  oii  rei-oi^it  of  which  the  matter  will  be  duly  di^termincd.  1 
Ilespcctiu)^  tlio  allegation  that  lish  are  illegally  iniporto<l  at  Sanlt  Kt.  Marie  vool 
arc  informed  that  a  commuuicatiou  has  this  day  been  uddrcHsed  to  the  vuliuctonifl 
said  district  at  Maninutte,  Mich.^  calling  for  a  report  as  to  the  practice  in  (|U('Htion  I 
on  receipt  of  which  such  steps  wdl  be  taken  as  are  necessary  to  secure  unitbriiiiUatl 
the  VArious  porta  of  importation  in  such  matters. 
Respect  fully,  yours, 

C.  8.  FAllit'lilLU, 

Acting  Secniarii. 


CUSTOM-IIOUHK,    boSTON,  MA88., 

VoUeclor'H  Office,  March  11,  lnnti. 

Hon.  Dyv^NiKL  Manning, 

Secretary  of  the  Treasurij,  Hashingtoii,  D,  C: 

Sir;  Respectfully  referring  t<)  Department  letter  (J.  G.  M.)  of  the  27th  idtimO|ii.| 
closing  a  copy  of  the  Dop.artnient's  decision  of  the  siOth  of  .January,  l^HO,  on  tbeapiHall 
(9340'")  involving  the  clasHif.cation  for  duty  of  certain  frozen  huu'IIh  imporliil  iiitJ 
the  port  of  Port  Huron,  I  desire  to  be  iuHtructed  whether,  under  said  decision,  li«h  iinl 
ported  in  a  frozen  condition  are  to  be  excluded  from  the  category  of  "llHh,  t'resli,  furl 
immediate  consumption,"  under  T.  I.,  Jieio,  6Ut),  irrespective  of  the  quantity  contaiiicjj 
in  uny  given  importation. 

The  Department  cites  S.  8.  30(52  and  3280  of  1877.  Was  it  the  intention  of  the! 
partment  in  its  decision  of  Janimry  20,  1886,  to  overrule  tliat  of  M:'y  2M,  18S){S.S.I 
5729),  or  is  that  to  be  regarded  as  still  operative  under  which  it  is  uu-l'srstooJ thuif 
iish,  although  frozen  naturally,  are  entitled  to  free  entry,  provided  the  quantity  is  iiutj 
"  BO  largo  as  to  repel  the  conclusion  that  the  Iish  is  for  immediate  eousnniptiou"!   I 

I  would  add  that  the  requirements  of  S.  8. 5729  have  been  rigidly  enforced  at  Ihi^ 
port. 

Very  respectfully,  your  obedient  servant, 

L.  8ALT0NSTALL, 

C'oWft'tor. 


boLlKCTOR  OF  ( 


f  OLIECTOII  OP  C 


J.  G.  M.    C  14-13854.  \  .  Thkasuky  Dkpautmknt, 

D.  138-103.  J  Okfick  of  tiik  Skcketauy, 

Washington,  J).  C,  March  12,  im. 

COLLECTOU  OF  Cu.sroMS, 

lioHlon,  MasH. : 
Sik:  In  reply  to  your  letter  of  the  9tli  instant,  you  aro  informed  that  itwiiHiiotthi 
intention  of  the  Department's  decision  of  the  2()th  of  .laniuiry  last,  concerning  II* 
classitication  of  frozen  smelts  imported  into  the  )»ort  of  Port  Huron,  Mich.,torevokJ 
the  decision  of  May  23,  1883,  under  which  tish,  although  frozen,  are  entitled  tow 
entry  (when  imported  in  limited  quantities)  as  tish,  fresh,  for  iriunediacecousiuiiiitioM 
It  is  only  when  fresh  fish  in  the  frozen  conditi*)n  aro  imported  in  exiensive  quantiticij 
and  for  purposes  other  than  immediate  consumption,  that  they  lire  excluded  fwi^ 
frfie  entry. 

Respectfully,  yours, 

C.  8.  FAIECHILD, 
Jsmtant  Secretir). 


J.  G.  M.     C  14-14002.  )  TuEABURY  Dei'AKTMENT, 

D.  138-124.  )  Office  of  tue  Skciujtarv, 

Washington,  D.  C,  March  li>,  im ^ 
Collector  of  Customs, 

Boston,  Mass. : 

Sm:  The  Department  is  in  receipt  of  your  letter  of  the  25th  ultimo,  returaiBg  t|| 
appeal  23130-896  of  Messrs.  E.  T.  Russell&Co.,  coveringtheir  importation  of  liernnj 
mackerel,  and  oil,  per  Muriel,  December  26,  1885,  which  appeal  the  Department, »■ 


AMERICAN   FISHERIES. 


533 


wtiT  of  tlio  t>th  ultimo,  rof  used  io  ontortnin  for  the  rooHon  that  it  nppears  fiom  tbo 
florsement  tiieroou  that  tlio  iirotust  iiml  iipptMil  liud  boon  filed  prior  to  the  liquiilii- 
1^11  and  con triiry  lo  the  rule  laid  down  in  Departmont's  dociHiou  of  January  23,  ISciti 

.!,  it  now  iippt'iirN  from  ♦''«  amonded  indorsement  on  Baid  protest  that  tlio  entry  was 

liiiiiidati'tl  •'"'"""'>'  1*''  1*^'^'^  ""'l  that  it  accordingly  does  not  fall  within  the  prohi- 

lliiion  of  till)  dccmion  aliovo  cited,  the.Dopartmeut  decides  that  the  appeal  can  be 

Your  ft.s.H('.sHiiient  of  duty  therefore  on  the  n<(<rchandiso  covered  thereby  beine  in 
jftiirdanco  with  Department's  deciHJon  of  Jnuit  17,  1885  (8.  fi'JTO),  and  July  14,  1885 
hW),  i«  litTcby  afllnned. 
KeHpflctfully,  yonrs, 

'  C.  S.  FAIIlcniLD, 

Aelittg  Htcrclary, 


IG.M.   C.14.    15477.)  Treasuuy  Dkpautmknt, 

i)  i;t8-274.  J  Ofkick  of  tiik  SEcnKTAUV, 

Wmhimjton,  It.  V.,  April  1,  1883. 

ICouKCTou  OF  Customs,  .  ■ 

Bangor,  Me. : 
Sii::  Your  uHHOSHniont  of  duty  on  certain  salted  salmon  imported  into  your  district 
Iftoni  Ciiiiiuin  siucu  .Inly  1,  1H85,  bcini;  in  accordance  with  Departnn.-nt's  decisions  of 
1(17,  IHwr)  (S.  (i97()),  and  .July  14,  1885  (8.  7020),  is  hereby  ailirmed  on  tho  appeal 
[ij;:l-) of  MeswH.  E.  T.  Kussoll  &  Co.,  per  railroad  via  Vanecboro',  March  <>,  188(>. 
Uespectfaliy,  yonra, 

C.  S.  FAIRCIIILD, 

Acting  Secretary. 


I.C.M.  C.14.  1546f 

1).  i;{8--27r). 


"■] 


TuEASUUY  "Department, 

Ofkice  op  the  Secuktauy, 

Washington,  1).  C,  April  I,  1886. 


ICoaECTOuoF  Customs, 

Boston,  Mass.  : 

Siu;  Your  asHcasnient  of  duty  on  certain  salted  mackerel  and  herring  imported  into 
knur  port  fniin  Canada  since  July  1, 1^'85,  being  in  accordance  Avith  Department's  de- 
JtK:)iinof  JiiiKf  17,  1885  (8.  (5970),  and  July  14,  1885  (S.7()20),  is  hereby  ailirmed  on 
111  lolliiwiii}^  appeals  submitted  by  you  on  the  2ljth  ultimo,  viz:  4()G0-182.  E.  T. 
iinsall  &  Co.,  per  "St.  Pierre,"  March  !),  1886.  4GG1-18;{.  E.  T.  Russell  &  Co., per 
"Linn  CDpo,"  March  5,  188(;.  4(J62-184.  Whitney  Pousl.-vnd  &  Co.,  per  "Louise," 
ilMchS,  lH8f). 

Rpspcctfullv,  yours, 

C.  8.  FAIRCHILD, 

Acting  Secretary. 


I.G.M.  C.14.  15483.)  Treasury  Depart.ment, 

D.  138-274.  5  Office  of  the  Secretary, 

Washington,  D.  C,  April  1, 1886. 
idiiKCTou  OF  Customs, 

(Saint  Vincent,  Minn. : 
h\\:  Yonr  assessment  of  duty  .at  tho  rate  of  .50  cents  per  one  hundred  pounds  on 
[ettain  frozen  lish  imported  into  your  district  from  Canada,  being  in  accordance  with 
Vrtiiicnt's  decisions  of  January  3,  1877  (8.  30(52),  June  27,  1877  (8.  328U),  and  Jan- 
iiiry'.*(i,  1886  (copy  furnished  you  on  the  30th  of  January),  is  hereby  anirmod  on  the 
fclloniiifr  appeals  forwarded  by  you  on  the  22d  ultimo,  it  appearing  that  tho  said  fish 
einiportcd  iu  such  largo  quantities  as  to  preclude  the  presumption  that  they  are 
rimuiediiite  consiniiptiou,  as  claimed  by   the  aitpidlants,  viz:   4G58o,  Sinclair  & 
pnaKan.afi.dOO  pounds  per  rail,  March  18, 1886 ;  472ao,  T.  H.  Jones,  24,000  pounds  per 
W.  March  18, 188() ;  472(io,  T.  II.  Jones,  30,000  pounds  i)er  rail,  March  20,  1886;  4726o, 
T.li.  Jones,  2i),000  pounds  per  rail,  March  20,  1886:  4726o,  T.  11.  Jones,  24,000  pounds 
fftrail,  March  20,  1886.  .  •      '       i 

Respectfully,  yonrs, 

C.  S.  FAIRCHILD, 

Acting  Secretary. 


534 


AMERICAN  FISHERIES. 


J.O.M.    C.  14.    16011.)  TnKASuiiY  Dkpartmknt, 

D.  138-311.  S  Offick  of  tiik  Hkcurtary 

WaBhington,  I).  V.,  .lj)ri<ti,'l88C 
Collector  of  Custohh, 

Fo.'t  Huron,  Mich. : 
Sir:  Your  aiwesHmoiit  of  duty  at  the  rate  of  50  cents  per  one  hundred  poinulitoi. 
cortaiu  fresh  ikh  (frozen),  chiiiried  to  be  exempt  from  duty  on  the  ground  tlintthi'f  I 
were  imported  for  iniuiediato  couHumption,  being  iu  accordance  witlt  Department'i 
decisions  of  May  U'.i,  ISKJ  (S.  57'i9),  and  January  20,  1880  (not  published),  i«  hereby 
atllrmed  on  the  appeal,  4u31o,  of  C.  A.  Ingalln,  covering  an  importation  of  V3HlJil 
ponnds,  per  "  Huron",  March  8,  1880.  '    < 

Kespectfuliy,  yonra, 

C.  S.  FAIECIIILD, 

Acting  Secretary. 


J.  G.  M. 
D 


C.  14.    16121. 
138-319. 


\ 


Treasury  Dkpaktment, 
Office  op  the  HECRETAnv, 
Waiihingion,  I).  (J.,  JpHll,  1880, 
Collector  of  Customs, 

Boston,  Mass.  : 
Sin:  Your  asBCssment  of  duty  on  certain  salted  mackerel  aud  alcwives  imported! 
into  vour  port  from  Canada  since  July  31,  1885,  being  in  accordance  with  Dopart-I 
meut's  decisions  of  Juno  17,  1885  (S.  6970),  and  July  14,  1885  (8,  7020),  is  hemb;! 
affirmed  on  the  following  appeals  submitted  by  you  on  the  2d  and  .'ith  instant,  vii:| 
Wj  K.  T.  Russell  &  Co.,  per  "  Linn  O'Deo,"  March  6,  I88<{ ;  VaV,  A.  Winsor&Son.l 
per  "St.  Pierre,"  Alarch  10,  1886;  ^^,  A.  Winsor  &  Son,  per  *'Linn  0'Dee,"March| 
13,  1886 ;  *^,  A.  Winsor  «fe  Son,  per  '' Annio  Simpson,"  March  10,  1880. 


Respectfully,  yours, 


C.  S. 


FAIRCHILD, 
Acting  Secrelar}. 


J.  G.  M. 
D 


C.  14.    16128, 
138-320. 


•! 


Treasury  Department, 
Office  of  the  Secretasv, 
Washington,  D.  C,  April  7, 18»fi, 
Collector  of  Customs, 

Chicago,  III. : 

Sir  :  Yonr  assessment  of  duty  on  certain  salted  mackerel  and  herring  iuiportvd  iiitol 

vour  port  from  Canada  since  July  1,  1885,  being  in  ajcordanco  with  Departmcnt'sl 

jlecisious  of  June  17, 1885  (S.  6970),  and  July  14,  1885  (S.  7020),  is  he.cby  afliruiedoij 

t?'e  following  appeals,  submitted  by  yon  on  the  'at  instant,  viz:  J??f .  R.  B.  Boak,| 

Ser  R.  R.,  January  20,  1886;  ij^j,  R.  B.  Boak,  per  "Huron,"  February  8,  im;  Hf}.! 
;.  B.  Boak,  per  "  Huron,"  February  8, 1886. 
Respectfully,  yours, 

C.  S.  FAIRCHILD, 

Acting  Secreiari 


J.  O.  M     C.  M-16704.  }  Treasury  Department, 

D.  138-391.  J  Office  of  the  Secretary, 

Washington,  D.  C,  April  U,  1886. 
Collector  of  Customs, 

Chicago,  III.  : 

Silt:  Your  .assessment  of  duty  on  certain  salted  mackerel  imported  at  your  poij 

from  Canada  since  July  1,  1885,  being  in  accordance  with  Department's  deinsionsa 

Jnne  17, 1885  (S.  6970),  aud  July  14,  1885  (S.  7020),  is  hereby  atfirmed  on  the  apr 

Hii  of  R.  B.  Boak,  per  "Linn  O'Dee,"  February  23,  1886. 

Respectfully,  yoars, 

^  C.  8.  FAIRCHILD, 

Acting  Secretary- 


AMERICAN   FISHERIES. 


535 


JO.M.    f!"    '''7W5 

1).  i:w-:W}. 


■i 


TUKAHUKY   DKI'AIITMKNT, 

OkKIOK  Olf  TIIK   SKCRKTAUY, 

n'athittijloH,  D.  v.,  April  14, 1886. 


loLLKCTOB  Olf  CU8TOMH, 

St.  Vincent,  Minn. : 
Siii:  YoiiruHHUsHinent  of  duty  on  i:«Ttiiiii  '^(),:)00  ixiiiiiilHor  fio/.i'ii  <iHh  iiiiportnd  ut  your 
wirtfroui  tlio|irovincnof  Muiiitoliit,  liciD^;  in  ncoordiiiuo  with  Dcpiirtrnoiil'H  riilinf{8of 
Jaiiniiry  ;i,  1^77  (H.  lUHW),  Jniiu  -J7,  1877  (8.  IfciHO),  and  Jiiiiimry '-iO,  lHHG(iiiipiibli8h(Ml), 
w h^reliy  "'"■'""'*'  *'"  *''"  "^IM"'"'  ^HTHo  of  MohsrH.  A.  Hootli  &  Soim,  Mnroli  20,  188(i. 
Kciin'otfiiHy,  yoiirH, 

'  C.  S.  FAIRCIIILU, 

Aciinij  Secretary. 

8t.  John,  Aiml  14,  1880. 
Tho  Skcretauy  of  TIIK  Treasury,  If'aMntilon: 
Sin:  I  nliipp<^<l  IV  eiir-lond  of  frozen  lierriii^j  on  Jiinniiry  IT),  (loi.Hi^ncd  to  Mossrs.  E. 
W.  llrowiilow  &  Co.,  of  Cliicuno.     After  Miey  arrived  at  I'orfc  Hnrou  tlio  collector 
fonid  not  allow  tho  car  to  procee<l  until  the  dntieN,  ainonntin^  to  $101.00,  woro  paid, 
wliicb  I  dill  puy  inidiir  protcHt.     At  t'lo  same  time  fro/i-n  herring  were  Iteinj;  admitted 
iiitothcUnitod  States  at  Kastport  free. 
Itbercforo  cannot  8e(^  why  a  tliHtinction  flhould  be  niado  between  au  iu1au<l  port 
and  a  sea-board  one. 

!  would  roHpoctfnlly  awk  for  a  return  of  tho  amount  of  dntioH  paid  by  mo. 
I  roinain  your  obedient  Hervant, 

O.  L.  YOUNG. 
Per  LANOAN. 


j  J.  0.  M.   B.  11-10928.  >  Trkasury  Departmknt, 

D.  140-32:i.  J  Officr  ok  tiik  Skcrktary, 

Wttshin(fton,  April  a4,  188G. 

G.LYoUNO,  EHq., 

Si.  John,  N.  n. : 
Sir,:  III  reply  to  yonr  letter  of  tho  14th  InHt.,  alloging  a  difference  in  the  classiflca- 
lioii  at  inland  and  neaboard  ports  of  frozen  herriuf;,  you  aio  informed  that  tho  action 
nfllie  customs  ollioials  at  tho  several  ports  is  governed  by  the  j)rovi8ion  of  tho  fac<»<- 
ii;  tariff  nets,  and  that  importem  u^nrlaveA  thereby  have  ainplo  remedy  by  protest 
indapiwal,  as  prescribed  by  section  21):U,  Revised  Statutes. 
1  will  stiito,  however,  that  frozen  horriiiK  aro  not  ipso  facto  dutiable  eitiier  at  East- 
fwrtorat  Port  Ilnroa,  their  non-dutiable  character  beinj;  dependent  upon  the  fact  of 
tbrirbeins  fresh  and  for  immediate  consumption. 

Otherwiso  they  are  dutiable,  and  tho  question  in  each  case  must  bo  determined  by 
Ihe collector  at  tho  port  of  importation,  subject  to  review  by  the  Department,  on 
protest  and  appeal  as  aforesaid,  it  import*  iv*  r'.a  deeiro. 
Respectfully,  yonrs, 

C.  S.  FAIRCHILD, 

Acting  Secretary. 


CusTOM-HousK,  Marquette,  Mich., 

Collector's  Office,  April  14,  1886. 
Bon,  Secretary  op  the  Treasury, 

Washington,  D.  C. : 

Sm;  Iliavo  the  honor  to  again  refer  to  D.  L.,  Mareli  I!,  last  (J,  G.  M.)  relating  to 

™  practice  at  Sault  Ste.  Marie,  in  this  district,  of  admitting  frco  of  duty  as  "fresh 

ten  for  iniinediato  consumption, "  large  quantities  of  frozen  lish,  for  transportation  to 

Detroit,  Cleveland,  Chicago,  and  other  places.     I  inclose  you  lierein  letter  from  tho 

ueputy  collector  at  Sault  Ste.  Mario,  under  date  of  Mcrch  11,  last,  reporting  fully 

« to  the  condition  of  tho  fish  so  imported.     I  also  inclose  heroin  letter  from  E.S.  B. 

eutton,  of  Sault  Ste.  Mario,  under  date  of  April  10,  last,  protesting  against  my  in- 

"'™''™8  to  tho  deputy  collector  of  that  port  to  a8.ses8  as  dutiable  all  importations 

plnsh exceeding  r)00  pounds  iu  amount.     I  would  respectfully  state  that  tlio  instruc- 

I tions  so  (;iveu  by  mo  were  made  to  conform  with  the  practice  at  Port  Huron,  Micb., 

Ps requested  iu  your  letter,  and  as  advised  by  the  collector  at  Port  Huron.    Asking 

j  your  cousiderntiou  of  tho  inclosures  heroin,  and  your  further  instructions  iu  the 

premises  if  you  have  any  to  issue, 

I        I  am,  respectfully,  yours, 

C.  H.  CALL, 

Collector. 


536 


AMERICAN   FISHERIES. 


J.  G.  M 


C.   15-681.  ) 
D 138-471.  ( 


Treasury  DErARTMENT, 

Office  of  the  Secuetary. 
Washington,  D.  C,  April  26,  m. 
Collector  ok  Customs, 

Port  Huron,  Mich. : 
Sir  :  The  Department  is  in  recoii»t  of  numerons  complaints  from  viuioua  parties 
against  tho  action  of  the  depiity  collector  at  Sault  Sto.  Marie,  in  UHscHsing  di'tvon 
all  importations  of  fresh  lish  exceeding  500  jionnds  in  quantity,  bronj^lit  to  That  imrt 
By  a  letter  dated  tho  14th  instant,  received  from  the  eolltictor  at  Marqnotte,  Midi. 
it  appears  that  the  deputy  collector  at  Sault  Ste.  Mario  acted  under  instructions givcii 
hy  the  collector  at  Martiuctto,  which  instructions  were  made  to  <'i)iiforiii  •\vitli  tiie 
practice  at  your  port. 

I  will  thank  you  to  give  this  matter  your  immediate  consideration,  and  fonvard  an 
early  reply,  stating  tho  practice  at  yonr  jiort  in  such  cases,  and  if  it  conforms  to  tliiit 
followed  at  Sault  Ste.  Marie,  to  state  your  reasons  and  authority  for  such  coiuse. 
Respectfully,  yours, 

C.  S.  FAIRCHILD, 

Acting  Secretary. 


Hon.  SECRET/ 


J.  G.  M.    C.  15-1508.  )  Treasury  Department, 

D.  141-7G.]         J  Office  OF  THE  Secretary, 

Washington,  D.  C,  May  5, 188C. 
Collector  of  Customs, 

Boston,  Mass.: 
Sir:  Your  assessment  of  duty  on  certain  salted  mackerel  and  alewives  imported  at 
your  port  from  Canada  since  July  1, 1885,  lioing  in  accordance  with  Departmeut's  de- 
cisions of  June  17, 1885  (S.  6970),  and  July  14, 1885  (S.  7020),  is  hereby  affirmed  on  the 
appeal  ^JV^  o  of  Messrs.  E.  T.  Rnasoll  &  Co.,  per  schooner,  Louise,  March  9, 188(i. 
Respectfully,  yours, 

C.  S.  FAIRCHILD, 

Acting  Secretar\j. 


J.  G.  M.  C.  15-2130.  ?  Treasury  Department, 

D 141-133.  ^  Office  of  the  Secretary, 

Washington,  D.  C,  May  14, 188C, 
Collector  or  Customs, 

J'liroit,  Mich. : 

Sir:  Enclosed  herewith  please  find  letters  dated  the  IGth  and  19th ultimo, received  j 
from  Messrs.  S.  H.  Davis  &  Co.,  from  'which  it  would  appear  that  iish  arc  being 
entered  at  your  port  free  of  duty  in  consignments  of  4  and  5  tons  each.    Also  that 
while  imported  herring  are  assessed  for  duty  when  imported  in  lots  larger  than  500  j 
pounds  each,  Avhitelish  and  trout  are  admitted  free. 

As  it  is  highly  important  that  tho  practice  at  the  several  lako  ports  should  ho  uni- 
form in  this  matter,  I  will  thank  yon  to  return  the  enclosure  with  a  report  from! 
yourself  stating  tho  pr.ictico  at  your  port  in  such  cases,  and  giving  your  reasons  and  j 
authority  therefor. 

Respectfully,  yours, 

C.  S.  FAIRCHILD. 

Acting  Secrekru. 


Detroit,  Mich.,  A})ril  19,  l^- 
C.  H.  Call,  Esq., 

Collector  of  Customs,  Marquette : 

Dear  Sir:  Wo  aro  informed  by  your  deputy  at  tho  "Soo"  that  lie  has  heenin-J 
structed  to  collect  a  duty  of  .'iO  cents  per  100  pounds  on  all  consignments  cf  fresh  f'' 
imported  at  the  "Soo"  over  500  pounds  in  weight. 

Is  this  order  intended  to  cover  whitefish  and  trout  for  immediate  cousumption,  or  j 
only  for  fresh  herring  T  We  were  led  to  believe  from  tho  toneof  his  letter  that  it ai»| 
covered  th/3  former,  but  wo  think  he  has  misconstrued  your  instructious. 

It  is  the  custom  of  the  collector  at  this  i)ort,  Mr.  Livingston,  to  levy  one-hall  wn'j 
per  pound  on  herring  in  larger  than  500-i)onud  lots,  but  he  iafornis  mo  that  white- 1 
fish  and  trout  will  be  this,  as  In  former  years,  admitted  free  of  duty.  He  also  infoni)s| 
us  that  tho  samo  rule  is  observed  at  Port  Huron  and  tho  districts  oast  of  here. 


AMERICAN   FISHERIES. 


637 


We  were  well  aware  of  the  law  exacting  a  duty  on  herring,  but  our  collector  knows 
of  no  Department  order  directing  a  duty  on  fresh  white  and  trout  in  any  quantity. 

We  are  quite  extensively  interested  in  importing  fish  (white  and  trout  only)  at  the 
"Soo"and  natiu-ally  wish  to  have  this  matter  adjusted  before  we  commence  opera- 
tions there,  as  it  would  be  a  serious  disadvantage  to  us  to  be  compelled  to  pay  a  duty 
there  while  our  competitors  are  entering  them  here  free. 

Trusting  that  if  your  deputy  at  the  "  800"  has  misconstrued  your  order,  you  will 
have  it  speedily  rectihed,  we  remain, 
Respectfully,  yours, 

'  S.  H.  DAVIS  &  CO. 


Dktkoit,  AIich.,  April  16,  1886. 
Hon.  Secretary  OF  TUB  Theasury, 

WasMnglon : 

Dkar  Sir  :  Wo  have  been  informed  by  your  deputy  collector  at  Sault  Saint  Mario 
that  he  has  been  instructed  to  r  >r,i-,  ♦;  a  duty  of  i  cent  per  pound  on  all  consignments 


of  fresh  fish  entered  at  that  pel 

We  wish  to  know  whether  ' 

confined  to  this  one  port  f    ^  * 

at  this  port  in  4  and  5  ton  eo;, 

We  are  extensively  interest 


-T500  pounds  in  weight  and  coming  from  Canada. 
:.  o'  -^r  isa  general  one  at  all  ports  of  entry  or  simply 
a:  k  l/Ccause  fish  are  now  being  entered  from  Canada 
'  n  V  3nt8  free  of  duty. 

ax,  the  "Soo,"  and  naturally  protest  against  paying 
duty  there  unless  the  same  tax  is  levied  at  all  other  points,  viz :  Cheboygan,  Port  Hu- 
ron, Detroit,  Cleveland,  Buffalo,  &o.,  all  of  which  ports  are  now  entering  fish  free  of 

dntv. 
Last  season  all  of  our  fish  from  Canada  (that  is,  fresh  and  for  immediate  con- 
sumption) came  over  free  of  duty;  and,  if  not  asking  too  much,  would  like  to  know  the 
canse  of  this  reversal. 

This  is  a  matter  of  serious  importance  to  us,  and  an  early  solution  of  our  trouble 
is  earnestly  solicited. 
Very  respectfully, 

S.  H.  DAVIS  &  CO. 


J, CM.]  Treasury  Department,  Office  of  the  Secretary, 

Washwgfon,  D.  C,  June  16,  1886. 
I  To  THE  Solicitor  of  the  Treasury  : 

Sir;  Paragr.anh  699  of  the  "free  list,"  act  of  March  3,  1883,  provides  for  the  free 

I  fiitrvof  "fish,  fresh,  for  immediate  consumption,"  while  paragraph  280  of  the  same  act 

provides  that  "foreign-caught  fish,  whether  fresh,"  &c.,  "not  si)ecially  enumerated 

I  nrprovideil  for,"  shall  be  dutiable  at  the  r.';te  of  fifty  cents  per  one  hundred  pounds. 

mler  the  fonncr  provision  a  practice  has  arisen,  at  most  of  the  frontier  ports,  of  ad- 

l  initting  to  free  entry  quantities  of  Canadian  fish  imported  in  cars  and  vessels,  frozen 

jMpacked  in  ice,  Avliich  are  intended  for  distribution  to  tho  various  large  cities  of  this 

jtonntrj-,  where  they  are  either  inuiiediatcly  disposed  of  or  placed  on  ice  to  bo  sold  with- 

joutfurtherprocess  of  preservation.    The  question  as  to  whether  (ish  so  imported  can  be 

I WDsidered  as  for  immediate  consumption  is  respectfully  submitted  for  your  considerat  i  ■  >n, 

ludin  this  connection  I  desire  to  state  that  the  practice  has  at  several  ports  srown  to 

Irach proportions,  ranging  from  500  pounds  to  several  tons  pershipment,  that  t.io  doter- 

Imination  liy  the  collector  in  such  inst.ance  of  whether  such  quantity  can  bo  considered 

jjs for  immediate  consumption  is  extremely  diCQcult,  and  has  resulted  in  a  wide  range 

|«f  decisions  at  the  several  ports,  unsatisfactory  alike  to  officers  and  importers.    The 

Iprovision  in  article  280  for  foreign  "caught  fish,  fresh,"  assessing  duty  thereon  at  the 

IWeof  fifty  cents  per  hundred  pounds,  would  seem  to  indicate  that  such  fish  when 

■imported otherwise  than  for  immediate  consumption  should  pay  duty.    A  rule  has 

i*en  suggested  to  the  effect  that  all  importations  of  fresh  fish  which  are  intended  to 

^preserved  in  ice  and  sent  in  refrigerator  cars  or  otherwise  to  other  localities,  and 

*nich  are  uot  intended  for  consumption  on  or  about  tho  time  of  importation,  and  at  or 

Nrtiieport  of  arrival,  should  be  held  as  dutiable  under  tho  paragraph  last  named. 

fwhasnot  boon  tho  practice  heretofore,  but  in  view  of  the  unsettled  condition  of 

InaiNiiito  which  tho  present  practice  has  brought  the  importation  of  fresh  fish,  your 

ffirioii  is  respectfully  requested  as  to  what  rnlo  can  safely  be  adopted  in  the  promises. 

Respectfully,  yours, 

C.  S.  FAIRCHILD, 

Acting  Secretary. 


638 


AMERICAN  FISHERIES. 


St.  John,  July  15  igag 
The  Treasury  Dspartment, 

Washington,  D.  C: 
Gentlemen  :  Oa  the  14th  of  April  last  I  wrote  you  concerning  a  car-load  of  fresh 
herring  shipped  by  me  to  Chicago  for  immediate  consumption  on  the  15tU  of  Jannarr 
present  year. 

They  arrived  at  Port  Huron  on  26th  and  were  entered  for  immediate  coDsnraption 

anu  duties  amounting  to  $101. CO  were  paid.  ' 

On  January  28,  C.  A.  IngallH,  acting  as  agent  for  the  consignees,  E.  W.  Bromibon 

&  Co.,  of  Chicago,  filed  protest  and  appeal,  which  the  collector  at  Port  Huron  in- 

forms  mo  were  forwarded  to  the  Department  at  Washington  on  February  19,  Iggfi, 

As  you  have  given  mo  to  understand  in  yonr  favor  of  24th  April  that  tho  dutiej  I 
would  bo  refunded  if  the  fish  were  entered  for  immediate  consumption  and  protejt 
duly  filed ; 

That  being  tho  case,  and  not  having  received  any  remittance,  Mr.  Murray, our  i 
A.  M.  consul,  advised  me  to  write  you  again,  and  consequently  have  taken  that  lib. 
erty. 

■  Yours,  respectfully, 

G.  L.  YOUNG. 


Treasury  Department,  Office  op  the  Secretaky, 

Washington,  D.  C,  July  20,  If 


J.  R.  L.     B  12-505.1 
D 144-270.         J 

Mr.  G.  L.  Young, 

St.  John,  N.  B.: 

Sir:  In  reply  to  yonr  letter  of  the  15th  instant,  yon  are  informed  that  the  protMtl 
and  appeal  of  Mr.  C.  A.  Ingalls,  covering  an  importation  of  frozen  herring  by  E.  W.  f 
Bromilow,  of  Chicago,  January  28,  1886,  was  duly  received,  and  tho  actLon  oft 
collector  at  Port  Hnron  in  said  case  affirmed  by  Department's  letter  of  February  21  j 
last.  I 

You  are  also  informed  that  the  "immediate  consumption"  required  by  tho  tariff  in  j 
order  to  enable  fresh  fish  to  be  imported  free  of  duty  is  not  complied  with  by  t 
withdrawal  of  fish  under  a  "consumption"  '^ntry,  but,  as  stated  in  said  letter, tlicj 
(lucstion  whether  sneh  fish  are  for  immediate  consumption  must  bo  determined  ineacli  j 
case  by  tho  collector  at  tho  port  of  importation,  siibject  to  review  by  the  Depart- 1 
nient,  as  in  this  case,  on  protest  and  appeal, 
Respectfnily,  yours, 

C.  S.  FAIRCniLD, 

Acting  Secretary. 


Department  of  Justice, 
Office  op  Solicitor  op  the  Treasury, 
Washington,  D.  C,  September  7,  ifi 

Sir:  I  have  considered  the  question  presented  by  your  letter  of  June  10  last, inre-j 
gard  to  the  rulo  that  should  govern  in  the  admission  to  free  entry  of  fresh  fish  fori 
immediate  consumption.  1 

In  the  free  list  of  tho  act  of  March  3,  188:?      '.  I.,  61)9),  provision  ia  madeforthel 
free  entry  of  "fish,  fresh,  for  immediate  consumption."    By  another  clause  of  fli«| 
same  act  duty  at  tho  rate  of  ijd  cents  per  100  pounds  is  assessed  (T.  I.,  280)  on  "for-f 
eign-caught  iish  imported  othei     ise  than  in  barrels  or  half-barrels,  whether  frfflbJ 
*'moked,  dried,  salted,  or  piokle>     not  specially  enumerated  or  provided  for  in  llisj 
act."    It  is  stated  that  a  practici    las  arisen  at  mostof  the  froutierports  of  admittinj 
to  free  entry  quantities  of  Canadin     fish  imported  in  cars  and  vessels,  frozen  or  packed 
in  ice,  which  are  intended  for  disti     ution  to  tho  large  cities  of  this  country,  where 
they  are  either  immediately  disposi d  of  or  placed  on  ice  to  be  pold  without  f"rtlierl 
procesb  of  preservation.    It  is  also  stated  that  a  rulo  has  been  suggested  to  thoeffectl 
that  all  importations  of  fresh  fish  intended  to  be  preserved  in  ice  and  transportMJy 
above  stated,  with  no  intention  of  consumption  on  or  about  tho  time  of  importatN 
and  at  or  near  tho  port  of  arrival,  should  be  held  dutiable  under  tho  provision  Is^ 
mentioned  herein.    The  question  as  to  the  meaning  of  immediate  consumption  witlifl 
the  intent  of  tho  act  of  Congress  is  adifflcult  one  in  this  connection.    Foreign-cansW 
fish  impirted  fresh  are  dutiable,  and  fresh  fish  imported  for  immediate  cou8«aipW| 
are  free  of  duty.    These  two  provisiora  must  bo  reconciled.    In  tho  taritl' act  of  Wfl 
the  language  applicable  to  the  free  entrj[  of  this  article  was  "fish, fresh, cauRUt-oj 
daily  consumption."    This  continued  until  tho  act  of  1870  included  it  in  the  '""*  'l 
as  "  fish,  fresh,  for  immediate  con8nmi)tion."    It  was  brought  into  the  Revised .  i»ty 


AMERICAN   FISHERIES. 


539 


[ .(,, according  to  tlio  latter  doscritption,  ftud  was  so  ra-enacted  in  the  tariff  act  of  1883, 
I  ^  j^  force.    By  tbo  use  of  tlio  term  "  immediate  "  uo  change  was  inteudcd  from  the 
I ibruier condition  expressed  ))y  the  term  "daily."    These  two  terms  are  iaterchange- 
jbleashere  used.    They  both  relate  to  eurreut  time.     Where  Congress  has  not  defined 
jineaning  of  terms  used,  or  has  not  limited  or  qualilied  them,  it  does  not  become 
„3 executive  officers  of  the  Government  to  limit  or  qualify  them  beyond  their  ordi- 
I  jjfjiy  accepted  or  popular  meaning.    The  fish  to  be  imported  free  must  he  fresh,  that 
iij,  not  salted,  smoked,  pickled,  or  i)reRerved.    'J"ho  fact  that  they  are  packed  in  ice 
I  liasno  significance  in  determining  this  (inestion.     Neither  does  the  quantity  in  any 
!  one  importation  signify  anything,  nor  the  distance  to  which  it  may  be  the  purpose  to 
i  transport  tbem.    The  collector  at  the  port  of  arrival  should  judge  from  all  the  cir- 
i  cnmstances  as  to  their  character  and  whether  they  are  for  imm(Mliato  consumption, 
1  tiiatis  whether  they  are  brought  into  the  coiintry  to  supply  the  present  demand  of 
I  tiie market;  whether  they  are  to  become  at  once  a  part  of  the  daily  food  supply  for 
the  people;  not  that  they  are  to  be  eaten  the  same  day  of  arrival  or  the  next  day, 
I  hot  ara  brought  in  with  this  exijcctation  or  possibility  in  view.    The  illustration 
given  by  the  collector  at  Detroit  of  large  importations  if  whitelish,  lake  trout,  &e., 
I  at  once  dispatched  to  different  large  cities,  viz,  Cincinnati,  Indianapolis,  Saint  Louis, 
I  lie,  ill  fish  cars  packed  with  ice,  to  be  laid  down  in  the  market  of  those  cities  and 
wldattho  earliest  possible  time,  Kcems  to  im-  to  afford  a  circumstance  favorably  dis- 
posing of  the  question  in  the  ])art  icular  case.    The  evident  object  of  the  special  pro- 
vision is  a  beneficent  one,  namely,  to  supply  the  immediate  necessities  of  the  people 
with  an  article  of  subsistence  easily  and  cheaply  procured.    And  this  consideration 
may  go  far  toward  solving  the  question. 

Whatever  doubt  th<!re  may  be,  however,  from  want  of  comprehension  in  the  lan- 
guage used  must  be  solved  in  I'avor  of  the  importer  and  consumer,  for  taxes  are  never 
to  lie  assessed  on  a  doubtful  interpretation  of  the  law. 

I  I  conclude  with  th  ^  remark  that  no  preciHo  rule  can  be  laid  down  which  liuaits  the 
qqjntity  of  the  fish  imported  or  the  time  iii  which  the  lish  are  to  bo  consumed.    The 
I  evident  purpose,  the  character  of  the  article,  and  the  circumstances  alone  mnst  be 
[considered  as  governing  the  customs  ofliccr. 
Very  respectfully, 

A.  McCUE,  Solicitor. 

TheSKCRKTAUY  OP   TIIK  TRKASUUY. 


[j.G.M.  c.  If).  i:?8r><>.  I 

\       D.  147-49.  i 


TuKAsuuY  Department, 

OfFICK   of  the  SECnETARY, 

Washin;,:o:i,  I).  C,  September  10,  1886. 

ICoLLECTOn  OF  CUSTOMS, 

7'or<  Huron,  Mich.: 

Sir;  Tho  subject  of  the  free  importation  of  fresh  fish  for  immediate  consumption 
|(T,  I,,  now,  699)  has  been  carefully  considered  by  tho  Departm9nt  with  a  view  to 
[seonring  nniforniity  in  the  practice  thereunder  at  the  several  ports  on  tho  northern 
I  frontier. 

Refeningto  yout  letter  of  April  '2i)th  last,  reporting  tho  practice  at  your  port  iu 
ImcIi  cases,  I  have  to  state  that  it  appears  from  a  ropo;  received  from  the  collector  of 
icastomsat  Detroit  (copy  herewith)  that  the  limitation  of  500  poiuids,  as  established 
jit liis  port,  applies  only  to  herring,  larger  qtmntities  of  which,  when  imported  at  his 
[port,  aio  presumed  to  be  intelwled  for  salting  or  preserving,  as  they  cannot  be  dis- 
jposcdofforiumusdiate  consumption.  The  n^wons  governing  his  action  would  appear 
jtobe  sufficient  at  his  port,  but  may  or  may  not  be  e([nally  apitlieable  at  ports  in  your 
Idistrict  or  elsewhere  on  tho  northern  frontier. 

The  s;inie  is  true  regarding  the  rule  at  that  port  admitting  whitetlsh  and  trout  to 
Sfw  entry  when  iuiponted  in  ^'anij  quantities."  No  positive  rule  can  be  established 
I'wtliftgnidauco  of  customs  oflicers  at  tho  several  i)orls.  They  must  in  each  instance 
iMgovv^rned  by  tho  facts  surroun'Ui.g  tho  importation  and  the  practice  <>f  importers 
MttbeirparticiiJarport.  ' 

I  T'loDenartuieiit,  however,  is  of  t'w  opinion  that  where  fish  cannot  be  utilized  in 
Ijlieqimiitltij's  imported  for  food  |v,rpo.ses  without  salting  or  some  process  of  preserv- 
jiBg  which  will  take  from  fJiem  tl'.;ir  distinctive  ehariii\ter  as  "  fresh  fish,"  duty  should 
|M  assessed.  In  such  condition  they  art^  not  lish  fresh  for  immediate  consumption, 
Ijnder  paragraph  t)99  of  the  free  list,  but  are  foreign-caught  fish  •  *  ♦  fresh,  • 
I       within  the  meaning  of  T.  I.,  new,  280. 

I  J"  <'*'i,cr  cases,  custonis  otlicors  mu  >t  be  go  vern"d  as  stated  by  the  facts  eurrounding 
I'M  particnlar  importation,  but  it  is  suggested  tiat  iu  assessing  duty  iu  such  cases 
Rttresliould  be  taken  to  make  tho  practice  correspond  as  near  as  possible  at  tho  sev- 


lW«Kl 


540 


AMERICAN   FISHERIES. 


As  a  general  rule,  fish  which  are  to  be  constniied  in  the  couaitiou  an  cauiilit  witi,  I 
out  salt'^ng  or  preserving,  may  be  considered  iiH  fiilliug  within  the  DioviHinnc  „jl 
paragtjjiph  (39^.  '  '"visions  ofi 

iCfespectfully,  yours, 

C.  S.  FAIRCHILD, 

Acting  Secretary. 


J.G.M,     C.15.     13858.)  TUKASURY  DEPAliTMEXT, 

D.  147-48.  S  Ofkick  ok  tui.;  Sicckktauy 

Washington,  J>.  C,  ^September  10, 1886. 

COLLECTOK  OF  CUSTOMS, 

Marquette,  Mich.:  j 

Sir  :  Enclosed  ple.-vse  find  copy  of  a  letter  addressed  to  the  collector  at  Port  Iliirnn 
respecting  the  clasgification  I'or  duty  of  importations  of  so-caUed  "frosli  fisli  for  jm! 
mediate  consumption." 

I  will  thank  you  to  liave  the  customs  officials  at  Sault  Sto.  Mario  iunl  otlior  ports inl 
your  district  instructed  to  conform  the  practice  at  their  port.s,  ho  faras  jmssiblc  totW 
views  therein  expressed.  ' 

Respectfully,  yours, 

C.  S.  FAIRCHILD, 

Acting  Secretarj. 


G.  M.    C.  1.5. 
D.  147-8.'). 


13927 


■I 


Treasury  Department, 
Office  of  the  Secrktary, 
Washington,  1).  C,  Septemba-  Ih,  18*. 
Collector  of  Customs, 

Fort  Huron,  Mich.: 

Sir:  In  reply  to  your  letter  of  the  9th  instant,  relative  to  the  dutiable  cJiaractei 
of  fresh  lish,  the  produce  of  fisheries  upon  the  Canadian  hanks  of  the  St.  Clair  liivcr; 
you  are  informed  that,  under  Department's  decision  of  J.;ne  17,  188.")  (S.  C969), siici 
"fish,  when  caught  by  American  citizens,  are  entitled  to  free  entry  as  liio  ijroiliict' oi 
American  fisheries  (T.  I.,  new,  749). 

No  other  or  further  rule  for  your  guidance  in  the  matter  of  the  classincationol 
fresh  fish  for  immediate  consumption,  v  hen  imported  by  others  than  Amerinnuiti' 
zeus,  can  be  given  than  is  contained  in  Department's  instructions  to  yon  of  tlii'i 
instant.     (See  par. .'),  Cir.  No.  124,  Sept.  11.) 
Respectfully,  yours, 

C.  S.  FAIRCHILD, 

Acting  Semkrij. 


CusTOM-IIousE,  Port  Hukon,  Mich., 

Collector's  Office,  Scplember  Hi,  m. 

EOBKTARY  OF  THE  TREASURY, 

Washington,  D.  C. : 

Sib:  I  have  the  honor  to  acknowledge  receipt  of  Department  letter  (J.  6.  M.),  datej 
September  10,  1888,  inclosing  letter  received  from  the  collector  at  Detroit  niioiitl^ 
subject  of  free  importations  of  fresh  fish  for  immediate  consumption,  the  object  of  tb 
communication  being  to  secure  uniformity  of  practice  thereunder  attlio  several  port 
on  the  northern  frontier. 

In  reply,  I  have  to  state  that  the  practice  at  this  i)ort  and  at  Detroit  appears  to  li 
the  same  so  far  as  affects  the  importation  of  herring,  viz,  to  j)eriiilt  freo  import^ 
tious,  for  reasons  stated,  of  any  quantity  not  exceeding  500  poiiiids. 

But.  contrary  to  the  practice  of  my  predecessor  here,  the  collector  at  Detroit p 
mitB  free  entry  upon  proper  oath  of  any  quautity  of  white  lish  or  trout,  npontlj 
ground  that  those  fish  are  more  valuable  in  a  fresh  state,  and  therefore  not  lilieM 
be  disposed  of  in  any  other  condition.  .      I 

Ho  turthor  states  that  they  are  imported  in  large  icci-boxcs,  placed  in  refrigeratj 
cars  ami  shipped  to  all  parts  of  the  country,  and  he  considers  fish  so  preserveil  aif 
shipped  to  New  York,  and  sold  on  the  markets  there,  to  be  as  much  "fre.sb  fish  lorn 
mediate  consumption  "  as  if  retailed  on  the  streets  of  Detroit. 

I  fail  to  find  anv  regulations  to  sustain  this  opinion.     On  the  contrary,  S.  S.Ih*'* 
3181,  directed  to  the  collector  at  Detroit,  as  well  as  8.  r)729,  seem  to  mo  toprecln^ 
such  idea. 


AMERICAN   FISHERIES. 


541 


The  case  Beeras  io  bo  ono  wliero  tho  Dopartmont  should  issue  positive  InstnictionB 
[•0  collectors  on  tlio  northern  frontier 

Imiclit  say  further  that  Wio  principal  importations  at  this  tiino  in  this  district  are 
I  insinall  lots  at  outlying  ports,  whence  they  are  shipped  to  Davis  &  Co.,  Detroit,  who 
Llacolhera  in  rofrigerator  cars  for  shiprneut  to  the  principal  cities. 

I  constrno  your  letter  as  answering  the  inquiry  upon  the  same  subject  contained  in 
I  iiT  letter  of  'September  9, 1 88G. 

■    Verv  respectfully, 

CHAS.  A.  WARD, 

Collector. 


Tkeasury  Depautmknt, 
Office  op  the  Secuetary, 
JVashington,  D.  C,  October  1,  1886. 


|J,G.M.   C.15.    14665. 
D.  147-200. 

IcouECTOR  OF  Customs, 

Tort  Huron,  Mich. : 

Sut:  Tho  Department  duly  received  your  letter  of  tho  16th  ultimo  relative  to  a 
[Tariauce  existing  between  the  practice  at  the  port  of  Detroit  and  that  hitherto  in 
hogneatyourport  regarding  the  importation  of  whiteflsli  and  trout  in  a  fresh  state, 
lad  for  immediate  consumption. 

ThoDepiirtment  is  unable  to  give  any  more  positive  instructions  than  wore  contained 
liDiisletterof  tho  10th  ultimo,  the  concluding  paragraph  of  which  states  that  as  a 
Ifeoeral  rule  lish  which  are  to  bo  consumed  in  the  condition  as  caught,  without  salt- 
jiDjo: preserving,  may  bo  considered  as  falling  within  tho  provisions  of  paragraph 

a»,  T.  I.,  new.' 

This  rule,  as  indicating  tho  more  recent  views  of  the  Department,  must  be  considered 
I  li  modifying  all  other  rulings  and  former  decisions  which  may  appear  to  bo  in  contlict 
[iherowitii. 

Respectfully,  yours, 

C.  S.  FAIRCHILD, 

Acting  Secretary. 


•  Thomas  F.  Bayard: 


LUBEC,  October  5,  1886. 


Deae  Sir  ;  I  write  to  you  for  information  in  regard  to  our  flsh  law.    I  wish  to  know 
Iwkther  herring  f-aught  in  Canadian  waters  and  brought  to  the  lines  in  Canadian 
[tots,  then  transferred  from  Canadian  boats  t6  American  boats  on  tho  lines,  exempts 
Ithemfrom  duties.    These  are  fresh  I  name.    Please  inform  me  soon  as  you  can 
Yours,  truly,  ^ 

*  T.  C.  ALLEN. 


IJ.G.MB.  12.    68^4.^  Treasury  Department, 

D.  148-215.  J  Office  of  the  Secretary, 

Washington,  ]).€.,  October  13,  1886. 
Mr.  T.C.Allen, 

Lubec,  Maine: 
Sir:  In  reply  to  your  letter  of  tho  5th  instant,  relative  to  the  dutiable  character 
ofhcrring  caught  in  Canadian  waters  and  brought  to  tho  liues  in  Canadian  boats 
iMtl  there  transferred  to  American  boats,  you  are  referred  to  the  collecior  at  Eastport, 
*,,  who  will  furnish  you  the  desired  information,  it  being  tho  rule  of  the  Depart- 
wntiiot  to  pass  upon  questions  of  this  character  except  when  presented  by  jirotest 
™  appeal  from  the  action  of  the  collector  on  bona  fide  importations. 
Respectfully,  yours, 

C.  S.  FAIRCHILD, 

Acting  Secretary. 


CusTOM-IIousE,  Bangor,  Me., 

Collector's  Office,  October  19,  1886. 

Sir;  Messrs.  Abbott  Brothers,  of  Dexter,  in  the  State,  are  engaged,  or  are  about  to 
!''?»(!o,  in  the  business  of  importing  into  the  United  States  fresh  flsh  of  difieront  kinds 

11  frozen  state. 


542 


AMERICAN   FISHERIES. 


Their  procoaa  of  .■>t">t«"-S'^>-  *b«  (isli  ia  to  Bfcore  thorn  in  rooniH  whitib  are  kept  ut  luw 
temperature  by  giiTvanizod  iron  i)ip'  s  which  are  filled  with  salt  and  ico.  This  mode 
offroezing  is  not  patented,  and  iMiin  invention  of  their  own. 

They  ojierato  at  Mangarco  Harbor,  Cape  Breton ,  and  they  wish  to  bo  informed 
whether  lish  prepared  in  this  manner  will  bo  liable  to  a  duty  of  one-b.ilf  a  cent  per 
pound,  the  same  as  those  jjrepared  or  frozen  by  patent  process  in  Canada. 
I  would  respectfully  ask  for  the  decision  of  the  Department  in  relation  to  tbiu matter 
Very  respectfully, 

D.  F.  DAVIS, 

Colkcior. 
Hon.  Skcketauy  ok  tuk  Tiieasuuy, 

Washington,  J).  C. 


.G.M.— C16-919. 
D  147-440. 


TiiEASunv  Depahtment,  Office  of  the  Skcketauy, 

Washington,  D.  C,  Octolxr'^,  \m. 


Collector  of  Customs, 

Bangor,  Me. 

Sib:  In  reply  to  your  letter  of  the  19th  instant,  relative  to  the  dutiable  character 
of  fresh  fish  frozen  by  a  new  nnpatented  process  which  it  is  proposed  to  import  at 
your  port  from  Cape  Breton,  you  are  referred  to  Department's  decision  of  the  lOtL 
ultimo  (S.  7746),  in  which  it  is  stated  that  customs  oihcers  must  be  govonied  hy  the 
facts  surrounding  each  particular  importation,  but  that,  as  a  general  rule,  fish  which 
are  to  be  consumed  in  the  condition  as  caught,  without  salting  or  i)rcservinj{,  may  be 
considered  as  falling  within  the  provisions  of  paragraph  699  for  "hsh,  fresh,  for  im- 
mediate consumption." 

The  fact  that  these  fish  are  to  be  frozen  by  a  process  different  from  the  patent  pro- 
cess heretofore  in  vogue  would  not  seem  to  all'ect  their  dutiable  character.  Frozen 
fish  which  have  been  intentionally  frozen  in  order  to  preserve  them  have  been  here- 
tofore hold  to  be  subject  to  duty — see  Department's  decisions  of  January  3, 1877(8. 
3062)  and  Juno  27, 1877  (S.  3280) — the  United  States  circuit  court,  in  its  decision  therein 
cited,  having  expressed  the  opinion  that  such  fish,  while  undoubtedly  fre.sU,  could  not 
be  considered  as  intended  for  immediate  consumption. 

This  rule  would  seem  to  apply  to  the  flsh  covered  by  your  letter  of  inquirji. 
Respectfully,  yours, 

C.  S.  FAIRCHILD, 

Acting  Secretarn. 

No.  65  Wall  Stueet, 
Neiv  York,  November  5, 1886. 
Hon.  Daniel  Manning, 

Secretary  of  the  Treasury,  Washington,  D.  C: 
Sib  :  As  attorneys  for  several  importers  of  fresh  fish,  we  desire  to  bo  iiil'omied,  if  not 
inconsistent  with  the  practice  of  your  Department,  of  your  decision  touching  the  mat- 1 
ters  hereinafter  referred  to.  I 

A  large  fleet  of  American  fishing  schooners  leave  Gloucester,  Mass.,  early  in  Decem- 
ber and  rendezvous  at  the  fishing  grounds  in  open  sea  off  Fortune  Bay,  Ncwfouml-  i 
land,  to  catch  herring.  Tho  crews  are  employed  in  catching  the  fish,  and  the  master, , 
if  opportunity  offers,  purchases  from  the  fishing  yawls  surrounding  the  fleet.  1m  i 
temperature  ranges  about  20  degrees  below  zero,  and  the  flsh  as  they  are  ciinghtaw  j 
allowed  to  remain  on  tho  deck,  and  in  a  short  time  are  frozen  stiff,  and  at  nightiall  I 
are  shoveled  into  the  hold.  As  soon  as  about  700  barrels  in  hulk  of  these  "Iresnj 
frozen  herring"  are  on  board,  the  schooners  leave  perchance  for  this  port,  where  tliej 
fish  is  immediately  unloaded  and  sold  to  hucksters  for  about  2  to  3  cents  per  pound.  | 
We  have  given  you  above  an  account  of  how  tho  "  fresh  frozen  herring"  are  taugMl 
and  brought  to  this  market,  and  we  desire  to  be  informed  if  you  do  not  consider  tjieMJ 
fresh  frozen  herring  "fish  fresh  for  immediate  consumption,"  and  as  8ucb/re«  V^'^'H 
Your  Department  has  lately  made  several  decisions  as  to  fresh  lish,  and  t"!^  "'p*| 
are  naturally  eomawhat  nervous.  They  have  been  for  nniny  years  past  admitteiiwi 
free  entry.  Do  you  know  of  any  reason  why  they  should  be  deemed  dutiable !  | 
Thanking  you  in  anticipation,  wo  are  sir, 

Your  obedient  servants,  &c.  „^„„ 

-  R.  J.  GODWIN  &  SONS, 

65  Wall  Street,  New  YorH. 


AMERICAN   FISHERIES. 


543 


J  (}  jj.  )  TnEASunY  Depautmknt,  Office  of  tub  SncRBTAnr, 

IniW-^'ji.  \  Washington,  L.  C, November  18,  188G. 

Messre.  R."  J-  Godwin  &  Sons, 
'  No.  05  ff  an  Street,  New  York,  N.  T. : 

Gentlemen  :  In  reply  to  your  letter  of  tlio  5th  instaut,  in  wlilch  you  enquire  as  to 

I  the  diitiahlo  character  of  borring,  wliicli  may  l)0  broufbt  to  American  ports  in  Ameri- 

I   p  (isliiiijr  scbooners  in  a  frozen  condition,  tbo  roHult  of  the  flab  having  been  left  over 

Dijhtnii  deck,  I  have  to  state  that  the  Department  does  not  make  a  practice  of  an- 

(wriiig  liypothetical  questions  of  this  chamcter. 

Icncloso,  however,  a  copy  of  Department's  decisions  of  September  10, 188G  (S.  7746), 

and  invite  your  attention  to  tho  last  paragraph  thereof. 

The  circnmstauccs  surrounding  each  importation  will  have  to  be  taken  into  con- 

liiieration  by  tbo  collectors  at  the  ports  of  arrival,  but  tho  fact  that  fish  are  frozen  is 

Dotsufflcient  in  itself  to  mako  them  dutiable  if  the  other  circumstances  surrounding 

I  liie  importatiun  tiro  sufiQcient  to  establish  tho  fact  that  they  are  imported  fresh  for 

I  immediate  consumption  (see  S.  7837). 

Rcspectfnily,  yours, 

C.  S.  FAIECHILD, 

Aoiwg  Secretary. 


APPENDIX  B. 

WHAT  ARK  AMKIilCAN  riSIIRIlIUS  f 

No.l. 

TiiEASURY  Department,  Office  of  the  Skcretary, 

IVasUngion,  D.  C,  August  13, 18*3. 
Collector  of  Customs, 

Salem,  Mass, : 

Sir:  In  roplj'  to  your  letters  of  tlio  8tb  luid  9tli  iiiHtfuil;,  ro(iuostiug  iiiBtructioiisinj 
regard  of  the  dutiablo  character  of  the  cargo  of  the  American  iisliiiifi,-  schooner  Isaac  j 
Eich,  which  cleared  from  your  port  ou  the  Slst  of  April  last,  I  have  to  say  that  tlicl 
portion  of  the  fish  caught  by  the  crew  of  said  vessel  or  by  men  employed  liytlicj 
c&ptain  for  that  purposo,  as  well  as  the  oil  extracted  therefrom,  is  i'reo  of  iliity  under  1 
the  act  of  March  2, 1861,  which  exempts  from  duty  "  Oil,  spermaceti  whalo  and  other  I 
fish  of  American  fisheries,  and  all  other  articles  the  produce  of  such  iislieries."  Thcj 
herring  and  other  portion  of  the  cavgo  purchased  by  the  captain,  and  not  caught  by} 
men  employed  by  the  captain  for  that  purposo,  cannot  bo  considered  us  tUo  produce  j 
of  American  fisheries,  and  are  therefore  not  exempt  from  duty ;  neither  is  the  Haltused  I 
in  curing  the  same  exempt  from  duty,  as  said  herring,  &c.,  where  not  taken  hy  a  ves-j 
sel  licensed  to  engage  in  the  fisheries. 

A  copy  of  this  letter  will  be  sent  to  the  collector  at  Boston,  where  the  salt  was] 
withdrawn,  for  bis  information. 
I  am,  very  respectfully, 

WM.  A.  RICHARDSON, 

Secretary. 


No.  2. 


COLLECTOK  OP  C 


Treasury  Department,  Office  of  the  Secuetauy, 

Washington,  I).  C,  Jmeil,  187(), 
Hon.  T.  W.  Ferry, 

President  of  the  Senate : 
Sir  :  I  have  the  honor  to  acknowledge  the  receipt  of  your  letter  of  the  2Gth  ultimo,! 
inclosing  a  communication  from  John  O'Malley,  of  La  Pointo,  Wis.,  making  the  loll 
lowing  inquiries  in  regard  to  American  vessels  fishing  upon  Lake  Superior,  viz;      I 

(1)  Can  an  American  vessel  engaged  jn  fishing  upon  the  northern  shores  of  Lalie| 
Superior,  in  Canadian  waters,  with  American  twine  and  American  labor,  salt  ihem 
upon  the  vessel  and  bring  them  into  the  United  States  free  of  duty  1 

(2)  Does  an  American  vessel  engaged  in  fishing  or  the  coasting  trade,  on  cleariDM 
for  a  Canadian  port  become  liable  to  tonnage  tax?  I 

In  reply  to  the  first  question  I  have  to  state  that  neither  the  treaty  of  Washmgtoai 
nor  any  other  treaty  with  Great  Britain  authorizes  American  fishermen  to  fish  up(inl 
the  northern  shores  of  Lake  Superior,  or  i)rovide  that  fish  there  caught  shall  hecnf 
titled  to  free  entry  into  the  United  States.  j 

Such  fish,  however,  caught  by  permission  of  the  Canadian  Government,  express  oq 
implied,  on  American  vessels  and  salted  therein,  would  be  duty  free  on  entry  iimlfrt 
the  provision  in  section  2.505  of  the  Revised  Statutes  for  "  the  produce  of  Amerwiu 
fisheries,"  and  the  decision  of  the  Department  contained  in  a  letter  to  the  colloetoi^ 
of  customs  at  Boston  under  date  of  the  22d  of  January,  1869,  to  the  following  clloii; 
"  If  foreign  salt  is  used  loithout  the  limits  of  the  United  States  in  curing  fish  of  Amnj 
can  catch,  the  fish  are  not  thereby  rendered  dutiable,  nor  is  the  salt  so  used  liaW' 
duty.  '  ■     inl 

"  If  salt  purchased  abroad  for  the  curing  of  fish  is  not  consumed  iu  t'l®  J"™^.'j:i 
is  brought  into  an  American  port,  the  salt  would  then  bo  liable  to  duty,  but  tue ««  ;" 
American  catch,  cured  with  such  foreign  salt,  before  importation,  are  free  ot  aut}- 

To  the  second  question  I  answer  that  a  vessel  engaged  iu  fishing  or  the  coa!.. 
trade  does  not  become  liable  to  tonnage  tax  on  clearing  for  a  foreign  port. 
544 


AMERICAN   FISHERIES. 


$45 


But  a  coastins  vessel  so  clearing  dirrcthi,  or  a  v<5S8el  entering  a  Canadian  port  on 
Ithe lakes  <luring  a  fishing  voyage,  would  bo  reouirod  to  pay  the  tax  on  her  return  to 
Itheriiitert  States,  pro/idod  it  had  not  beon  paia  within  a  year. 
I  liavo  tiie  honor  to  be,  sir,  your  obedient  servant, 

CHARLES  F.  CONANT, 

Acting  Secretary. 


No.  3. 


Tkeasuky  Depaktmknt,  Office  of  tiik  Skcketary, 

^  IVashinglon,  D.  C,  May  15,  1877. 

ICOLLECTOR  OK  CfSTOMS, 

Boston,  Maaa, : 
*ir:  Tlif>  question  has  arisen  in  regard  to  what  proof  is  accepted  by  collectors  of 
l(nst(in:s  to  sIk)w  that  oil  and  bone,  claimed  to  be  tho  products  of  American  fisheries, 
.really  such  products,  when  brought  into  American  ports  by  vessels  other  than 
Jfi* employed  in  the  catch. 

VM>els('iit('riiig  Saint  Lawrence  Bay,  on  the  Siberian  coast,  laden  with  tho  pro- 
Itictsiif  Amerieaii  flshorioH,  tluire  transshij)  their  cargoes  to  other  vessels.  There  is 
nwiiilar  ollicer  and  no  American  citizen  resident  there.  It  is  jtropoaed  to  have 
Ji«c,iiitaiii  and  mate  of  the  vessel  actually  catching  tho  cargo  certify  upon  thetrans- 
iliipiiunt  thi)  liicts  iu  the  case,  and  the  question  is  whether  such  certificate  can  be 
piipilv  accepted  as  conciusiTC. 

[hill  thank  yon  to  report  your  views  in  regard  thereto  at  an  early  date. 
Respectfully, 

H.  F.  FRENCH, 
AsBtBtant  Secretary. 


No.  4. 


'  '  Treasury  Department,  Office  of  the  Secretary, 

Washington,  D.  C,  September  1, 1877. 

loLLKCTOR  OF  CUSTOMS, 

San  Francisco,  Cal. : 
I  Sir:  I  iiicloHo  herewith  a  copy  of  a  letter  dated  the  30th  ultimo  from  Mr.  J.  M.  Bart- 
pt.  stiitiiijr  that  certain  cargoes  consisting  of  the  product*  of  American  fisheries  are 
m\n\  to  arrive  at  your  port. 

liie  following  tt'legrani  has  been  sent  to  you  to-day  iu  regard  to  the  matter: 
l"Allnw  frci  entry  of  merchandise  per  barks  Legal  Tender  and  Jenny  Pitts,  if  satis- 
hit  is  product  of  American  fisheries,  and  that  regulation  evidence  is  unattainable." 
JTlii'appliciition  is  favorably  indorsed  by  the  collector  of  customs  at  New  Bedford, 
Itbe  partita  concerned  propose  to  furnish  evidence  substantially  complying  with 
lit  required  hy  circular  of  the  lUth  of  June  last. 

|ShouU  there,  in  your  opinion,  be  any  good  reason  why  free  entry  of  tho  merchan- 
uhould  not  1)0  allowed,  yon  will  please  report  the  fact  to  tho  Department. 
Very  respectfully, 

H.  F.  FRENCH, 
AsBiatatit  Secretary, 


No.  4J. 

Office  of  the  Secretary, 

Washington,  D.  C,  April  20,  1878. 
(•T.W.Ferry, 

^»M  States  Senate: 
p.  I  have  the  honor  to  acknowledge  the  receipt  of  your  letter,  dated  the  15th  in- 
F.  inquiring  whether  a  citizen  of  Michigan  engaged  in  fishing  in  Lake  Superior 
pre  hmfish  upon  Canadian  soil,  and  afterwards  send  them  to  the  United  States 
™ steamers  plying  between  the  United  States  and  Canada. 

^  ^f^y  '".  *'"''®  fish  on  a  foreign  shore  in  certain  caaes  is  recognized  by  the 
wyot  Washing*    \,  and  such  curing  would  not  be  considered  by  this  Department 
^nnng  fish  of  their  right  to  free  entry  as  the  produce  of  American  fisheries 
»W!tion2a0.o  of  the  Revised  Statutes. 


8.  Ex.  U3 35 


546 


AMERICAN    FISHERIES. 


The  free  ontry  of  the  produce  of  American  flshitricH  brouffht  into  tli«  United  8tat«i 
from  a  t'oroixu  ])lac(),  in  a  vessel  other  than  tho  one  in  wliicli  the  tisli  were  taiiPu  li 
authorized  by  the  Uef^uliitiouH  t)f  this  Department,  of  wliich  a  copy  is  iiu  loged  w.. 
with,  for  your  further  information. 

Fish  caught,  cured,  and  imported  as  you  describe  may  therefore  ]m  admitted  to 
free  entry  if,  a<i  is  presumed  to  bo  the  case,  they  were  taken  in  a  vessel  enrolled  nod  j 
licensed  for  the  foreign  and  coasting  trade  on  the  northern,  northeustoru,  and  north. 
western  frontiers. 


Very  reapeotfuUy, 


JOHN  SHERMAN, 

Htcrelarji, 


No.  5. 


Trkabury  Department,  Ofeicb  op  the  Hecretapy, 

Uaghington,  D.  C,  Man,  14, 1878. 
Capt.  H.  M.  Nichols, 

Chelsea,  Maait.  : 

Sir  I  The  Department  is  in  receipt  of  your  letter  of  the  6th  iimtnnt,  stating  tbatj 
you  propose  to  fit  out  a  vessel  to  engage  in  taking  turtle  in  the  Gulf  of  Muxico,8Dd| 
inquiring  whether  turtle  so  taken  would  be  subject  to  duty  on  importation  into  the! 
United  States.  I 

In  reply  you  are  informed  that  the  free  list  of  tho  Revised  Statutes  exempts  froinj 
duty  spermaceti,  whalo,  and  other  fish  oil  of  American  tisheries  and  all  other  articleil 
the  produce  of  such  fisheries.  I 

Turtles  caught  by  vessels  properly  documented  under  the  laws  of  the  United  Statwl 
would  be  regarded  by  this  Department  as  the  produce  of  American  fisheries,  an 
therefore  free  of  duty. 
Very  respectfully, 

JOHN  SHERMAN, 
■  V  ,  Sforefsrj. 


■,.■';■,'.",  No.6. 

Treasury  Department,  Office  of  the  Secretary, 

liaBhington,  D.  C,  Xovemberl,  1878. 
Collector  of  Customs, 

Duluth,  Minn.: 

Sir:  This  Department  is  in  receipt  of  a  communication  from  Special  Agent  Johi 
Douglass,  stating  that  fish  caught  by  United  States  fishermen  in  United  States  vm 
sels  will  bo  imported  at  your  port  from  Prince  Arthur's  Landing,  Canada,  in  steainen 
and  their  free  entry  requested.     He  therefore  inquires — 

(1)  Whether  vessels  of  2.5  feet  in  length  may  engage  in  the  business  t 

(2)  What  proof  is  necessary  that  the  fish  were  caught  in  American  vessels,  tber( 
being  no  United  States  consular  officer  at  Prince  Arthur's  Landing  t 

(3)  Whether,  if  the  fish  are  cured  with  foreign  salt,  they  may  bo  admitted  free  I 
The  Department  has  to  state:  (1)  that  if  the  vessel  is  properly  docuiuented  (w  1 

vessel  of  the  United  States  her  length  is  not  material ;  that  if  not  so  doctimeDtedtM 
fish  wrould  be  dutiable  ;  (2)  that  the  proof  necessary  that  the  fish  were  canght  a{ 
vessel  of  the  United  States  is  specified  in  the  inclosed  circular  of  tlio  Departmeclj 
dated  the  13th  of  June,  1877 ;  and  (3)  that  the  fact  of  the  fish  being  cured  with  for] 
eign  salt  will  not  render  thtm  subject  to  duty. 


Very  respectfully, 
By  order : 


H.  F.  FRENCH, 

Assistant  Secntani.\ 


No.  7. 

Treasury  Department,  Office  of  the  Secketary, 

Washington,  D.  C,  fe6iourj/5,18W-j 

Collector  of  Customs, 

Eastport,  Me. :  . ,  ^ 

Sir:  The  Department  is  in  receipt  of  your  letter  of  the  25th  ultimo,  "^  ^"'^ -I 

inquire  whether  lobsters  caught  in  Cauadian  waters  by  fishermen  on  board  an  Awj 

can  vessel  licensed  for  tho  fisheries  may  be  cured  in  domestic  tin  cans  on  ooara  ^ 

vessel  and  brought  to  the  United  States  free  of  duty. 


AMERICAN    FISHERIES. 


517 


In  reply  V""  "rfi  inforii>«i'l  that,  in  tho  opinion  of  the  Dflpnrtmnnt,  neither  the  sbell. 
|Ubnorth«piit!kaK«*H  'n  qneHtion  would  be  Hubjoot  to  duty  under  any  provision  of  law 
Very  respt'ctfuUy, 
Brorden  H.F.FRENCH 

Aattatant  Secretary. 


No.  8. 


Treasury  Dkpartmknt,  Office  ok  the  Skciietary, 

IVnahington,  1).  C,  January  UO,  1882. 

I COLLKCTOR  OF  Cl'STOMS, 

Boston,  Mast. : 
Sir:  The  Dciiiir'iiiont  lias  duly  oonsidorod  tl\n  appeal  (7048  fl)  of  Messrs.  Wendell 
I i  Phillips  fi'f'iii  your  nsHcssnitMit  of  dnty  at  tlio  rate  of  one  dollar  per  barrel  on  132 
Ibirrelsof  iierri II jr  imported  into  your  port  from  8t.  Pierre,  Miquelon.      The  appell- 
Ijniiiolaiiii  ''i!)t  the  tish  in  question  were  canijht  in  Fortun"  Hav,  Newfonndland. 

Tlii-oiilv  (    idonce  in  8upi)ort  of  the  claiin  tliat  the  herrinjj  were  the  product  of  the 
|Sew(onn(ilaii(l  (islieries  consists  of  niemoriuida  on  a  cortiticate  from  the  foreign  ous- 
loms  oflicor  that  tlie  fish  were  of  English  catch. 
This  evidpiice  is  not  satisfactory  to  tho  Department. 

Itmimt  1)0  made  to  appear  by  competent  evidence  from  Newfoundland  by  what 
ItFusel  the  tisli  were  caufilit  and  what  her  nationality  was.  Also  that  tho  fish  were 
Ithe produce  of  the  fisheries  of  the  colony  of  Newoundland,  by  whicli  term  is  meant 
l&herN  carried  on  by  t  he  people  of  that  colony,  or  by  persons  authorized  by  its  laws. 
Sixty  days  from  date  will  be  given  to  the  appellants  to  produce  the  desired  proof. 
|l( not  produced  within  that  time,  your  assessment  of  duty  will  stand  affirmed. 
Very  respectfully, 

H.  F.  FRENCH, 

Acting  Secretary. 


No.  9.  ,,:  \      ,.^-    ,'.,•     -   i. -:,:•',/.. 

Department  of  Justice, 
Office  of  the  Solicitok  of  the  Treasury, 

yVaahinglon,  D.  C,  June  10,  1885. 
Sir;  I  have  the  honor  to  acknowledge  the  receipt  of  your  letter  of  the  Sth  instant, 
HlMstiiig  my  opinion  as  to  the  questions  presented  by  the  collector  at  Eastport,  viz : 
1.  After  July  I  next,  when  the  treaty  with  Great  Britain  of  May  8,  1871,  shall 
m  terminated,  will  fresh  fish  caught  in  foreign  waters  in  open  boats  of  less  than 
l«tons  burden  jwned  and  manned  by  citizens  of  the  United  States  be  free  of  duty, 
■Bilerparagraijh  74i)  of  tlie  tariff  act  of  18«3  f 

I '2.  Will  freeli  tish  taken  from  weirs  in  foreign  waters  by  boats  of  the  class  referred 
|o he  free  of  duty  under  that  paragraph  1 

i  It  is  provided  by  the  iu  t  aforesaid  that  the  following  articles  when  imported  shall 
exempt  frou  duty  :    •     ■•    »    "Oil,  spermaceti,  whale,  and  other  fish  oils  of  Ameri- 
B fisheries,  and  all  other  articles  the  produce  of  such  fisheries." 
lumlerstaud  the  term  American  fisheries,  as  used  in  the  paragraph  cited,  to  char- 
tmzethoso  carried  on  by  citizens  of  the  United  States. 

It  may  be  remarked  that  vessels  of  less  than  five  tons  burden  engaged  in  the  occu- 
ijiou,  if  uulieeused,  are  not  subject  to  tho  penalties  of  this  statute. 
Whether  the  ^vnt  are  taken  from  weirs  along  the  shore  or  caught  in  the  open  sea,  I 
™  thi'y  are  e(pially  tho  product  of  imerican  fisheries  if  so  taken  by  American 
ueas  engaged  iu  the  business. 

Accordingly,  I  answer  the  inquiries  of  the  collector  in  the  afiQrmative. 
Very  respectfully, 

A.  McCUE, 
-  Solicitor  of  the  TreMurjf. 

.  Daioel  Manning, 

Seeretary  of  the  Treasury. 


548 


AMERICAN   FISIIEHIES. 


Custom -HouBB,  OLoufKHiKit,  Mam 
Collector' a  Office,  Dtremkri,  IH 
Hon.  Skcrrtary  of  Trkasury, 

H'aahiiKjton,  D.  C: 
Sir:  TImi  Hcliooiuir  ArtlmrD.  Story,  which  oailcMl  from  tliiH  port,  utulrr  »  reiriMer 
boiiiuloii  a  i'mhiiiK  vuyii^u  lotlio  woHtoni  coaut  of  Nuwr<>uii«lliiiitl,  liaH  leluriitil  witbi 
cargootHall  horriii^^H.  Tlio  vomnoI  farritMl  Halt,  bai-relH,  H(^Ille  iiotH,  "nd  purt  iit' ucret 
Soveu  iiuMi  and  iitttH  went  hirod  ii,  Nuwfoiiiulliiiiil  to  aNHJHt  in  calcriiiiiiur  thi;  anfiit.  lanj 
of  *honi>inion  that  tlio  (lMh,liavinn  l»^^eu8alto(l  on  boaid  an  Auii-rican  vj'HHol.witliAiiifr. 
ican  Halt,  Ixtcanie  tin'  product  of  tho  American  tiNhfriuH,  ami  as  hiicIi  Nhonhl  he  ad- 
mitted duty  free,  and  I  think  waH  so  docidoil  by  Secretary  Mc^Culloch  in  \r*i\J,  HJvir 
IIU'A) ;  but  iinilin};  no  decinion  to  that  ctlbct  on  record  in  thlH  ofliec,  I  haw  (UMtwddiitv 
subject  to  yonr  decision,  wliich  theowuerH  have  paid  under  protest.  ' 

I  am,  very  respectfully,  yours, 

D.  8.  PRES80N, 

CoUtctor. 


Tkkahuuy  Department, 

Ofkick  of  tick  Skckktary, 
Washington,  D.  C,  Dtcmbvr  16, 1866, 
OOLLKCTOR  OP  CUSTOMS, 

Olouceater,  Mast.: 
Sir:  In  reply  to  your  letter  of  tho  7th  instant,  asking  whether  fish  hroiij,'lit,  jntnynnrl 
port  by  tho  schooner  Arthur  D.  Story,  which  bailed  from  your  port  on  a  liHlMii(r  voyj 
ace  to  the  western  coast  of  Newfoundland,  ami  has  returned  thence  with  unirjjoj 
wliich  had  been  taken  by  the  crew  of  tho  vessel,  with  the  assistance  of  men  and  iuMi 
hired  in  Newfoundland  for  that  purpose,  would  be    free  of  duty,  you  ant  infonid  j 
that  such  tish,  having  been  taken  by  an  American  vessel  licensed  for  tho  tiHliciics,  anj 
entitled  to  entry  free    of  duty  as  the  produce  of  Amoricau  fisheries,  under  T.  I,  ne»  j 
749,  and  the  principled  enunciated  in  Department's  decisions  of  February  *j,  18ii 
(8.  353),  August  13, 1873  (copy  herewith),  and  February  36,  1877  (S.  3l:ll). 
Respectfully,  yours, 

C.  S.  FAIRCIIILU, 
Assistant  Secretary. 


APPENDIX  C. 

DUTIES  COI,I.ECTKD  OX  FISH. 

'J'RKASuny  Drpahtment, 
Office  of  the  .Secretary, 
WaHhingtoti,  D.  C,  Dvcemher  13,  1«8(5. 

Sib;  PloaHo  pmparo  for  luo,  at  yonr  oarfi(»8t  coiivonienco,  a  Htiitpmont  showing  the 
I  wnuif  luoucy  collected  iiHdutioM  on  UhIi  ((liNeriiniiiatiujj  botwiMiii  freHh  and  uot  frosh), 
IjtiiMb  Atlantic  port,  oach  year  duriug  the  live  yoars  botbre  1854;  for  each  year 
IdnriiiK  tbo  trrm  of  Iho  reciprocity  treaty  of  1854;  for  each  year  during  the  period 
Iktwicii  till'  tirmiiiation  of  that  treaty  aud  the  beginning  of  the  treaty  of  Wn^hing- 
lloD,  ill  IH71 ;  tor  each  year  during  tJio  term  of  the  treaty  of  WaBhington,  and  also  for 
llkyi'iir  iHnti,  cau<r|it  in  North  Atiantiu  or  on  Canadian  or  Newfoundland  coasts  and 
limpitrti'd  in  forcjifti  vessels,  specifying  t*io  kind  of  lish. 
Itoiifctt'iilly,  yours, 

DANIEL  MANNING, 

Secretary, 

Hon.  William  F.  Switzlkii, 

Chief  of  Bureau  of  Statistics. 


Treasury  Department, 

Bureau  of  Statistics, 
Washington,  D.  C,  December  17,  1886. 
Boil.  Daniel  MANNiNa, 

Stcretanj  ^/  the  IVeasury : 
DearSik:  I  have  the  honor  to  acknowledge  the  receipt  of  your  letter  of  the  13th 
liistant,  asl<in^  for  the  amounts  of  duty  collected  on  imports  offish  caught  in  North 
Ailiiiuicoiou  Canadian  or  Newfoundland  coasts,  v.ith  the  following  distinctions: 
1)  Di.scrimiuafing  as  to  tho  amounts  of  duty  collected  on  imports  of  tish  fresh  and 
A  W't  I'rcsli. 

'■  '•iiitinjjui.'ihing  as  to  tho  amounts  of  duty  collected  on  each  kind  of  fish  im- 
|l».Mu:  111  Atlantic  ports  each  year, 
(3)  Sitecifying  the  duties  collected  on  each  kind  of  fish  imported  in  foreign  vesaels 
"itli  year. 

PERIODS  COVERED  BY  RECIPROCITY  TR«:ATIE8. 

Jlie  period  covered  by  your  inquiry  extends  from  1850  to  1886,  inclusive.  During 
is  lime  there  were  two  reciprocity  treaties  between  this  country  and  Canada :  First, 
iliat  of  ia')4,  proclaimed  September  11  of  that  year,  and  terminated  March  17,  1866; 
jKoml,  the  treaty  of  1873,  proclaimed  July  1  o"f  that  year,  and  terminated  June  30, 
B».  It  will  be  observed  that  a  portion  of  the  fiscal  years  1855  and  1867  is  embraced 
Fithin  the  provisions  of  the  reciprocity  treaties. 


as  to  THE  WATERS  WHERE  IMPORTED  PISII   ARE  CAUGHT. 

Lr'  »*f*fring  to  the  branch  of  your  inquiry  aa  to  tho  imports  of  fish  caught  in  North 

IV  ff  ""^  on  Canadian  or  Newfoundland  coasts,  I  have  to  state  that  the  records  of 
laoflicofnrniNh  no  information  as  to  the  waters  in  which  importetl  fish  are  takeh. 
Mi  A  '  ^^  statemente  furnished  embrace  the  imports  of  tish  from  the  British 
itui  American  Possessions  (excluding  British  Columbia  when  the  imports  therefrom 

je  won  Rtparately  shown  in  the  records),  as  being  the  nearest  approach  to  the 

'fonnitm  asked  for. 

.")49 


tt^ 


iSfiij 


550 


AMERICAN   FISHERIES. 


MAMXKR  IN  WHICH  BBCOBDS  OF  DUTIES  CO/LECTKD  OIT  IMPORTS  IIAVE  DEES  KEPT 

(2)  Prior  to  1867  no  complete  records  were  kept  of  the  amounta  of  duty  collected 
on  oacL  article  imported  into  the  United  States,  nor  have  records  been  kept  since  that 
period  as  to  the  amount  of  duty  collected  on  the  various  articles  which  are  imported 
from  each  country,  the  accounts  of  duties  collected  on  the  respective  article  imported 
being  only  kept  so  as  to  show  the  uaiount  of  duty  collected  on  each  article  imported 
into  the  whole  couninj. 

To  keep  au  account  with  respect  to  the  duty  coll  3cted  on  each  article  imported  from 
each  country  would  be  a  work  of  great  magnitud  j.  It  has  therefore  been  foimd  nec- 
essary to  estimate  the  amounts  of  duty  receivdl  on  the  gross  imports  of  ftsh  of  the 
various  kinds  imported  from  the  above-named  provinces.  A  portion  of  this  imported 
fish  is  subseqiiently  exported,  but  it  is  believed  that  the  amouut  is  inconsiderable, 

AS  TO   DUTIES   COLLECTED  ON  FKESH   FfSH. 

(3)  I  am  asked  to  discriminate  in  the  statements  furnished  between  the  amounts  of  j 
duty  collected  on  fish  fresh  and  fish  not  fresh.     Since  1861  fresh  fish  imported  for  J 
daily  consumption  has  been  free  of  dui.y.    Just  pri' r  to  that  date  -t  was  dutiable  at 
the  rate  of  15  per  cent,  ad  valorem,  but  the  records  of  the  imports  of  fish  prior  to  1861 1 
do  not  distinguish  between  the  fresh  and  cured. 

,       iS  TO  TUK  RECORDS  OF   IMPORTS  BY  Cn^fOMS  DISTRICTS. 

(4)  Inasmuch  as  the  accounts  of  imports  distinguish  only  .as  to  the  agj;regatevalM| 
of  all  imports  brought  into  each  district  in  American  and  foreign  Yessele,  respectively, | 
and  not  as  to  the  value  of  the  respective  articles  brought  in  American  and  in  foreign! 
vossels,  the  information  aa  to  the  duty  collected  on  fish  imported  in  foreign  resseln 
cannot  be  given.  « 

STATEMENTS  SUBMITTED. 

(1)  Table  A  shows  the  estimated  amount  of  duty  collected  on  imports  of  (isli  intii 
the  United  States  from  the  British  North  American  Possessions  during  each  yearfrou 
1850  to  1886,  except  when  the  reciprocity  treaties  of  1854  and  1873  were  in  force. 

(2)  Table  B  shows,  by  customs  district,';,  the  estimated  amounts  of  duty  collects 
on  imports  of  fish  into  the  United  States  from  the  British  North  American  Po* 
sions,  other  than  British  Colunibia,  during  the  year  ending  Juno  30, 1886. 

REMARKS  ON  TABLES. 

During  the  period  of  the  recii>rocity  treaties,  there  being  no  duties  colkcted  ontisl 
imported  from  the  British  North  American  Possessions,  those  yeart-'  do  not  apntarir 
the  tables. 

Probably  a  small  portion  of  the  herring  and  all  of  the  sardines  and  anchoTiaj 
should  not  bo  included  in  the  tables,  as  a  small  portion  of  the  former  and  perhaps  all 
of  the  latter  come  from  Europe  through  the  BHtish  North  American  Possessions, ba 
the  amounts  of  duty  collected  thereon  are  inconsiderable,  and  would  not  materiallj 
afieot  any  deductions  drawn  from  the  tables. 


•> 

1      Jt 

!( 

0 

:: 

a, 

: 

M 

( 

q 

J           '^ 

> 

ty 

IB),. 

*'i  143 

llfil.. 

8,0!).-) 

IKJ.'.. 

11,991 

IK).. 

■ii,m 

IW.. 

28, 2,57 

]»)  , 

20,398 

m. 

K. 

m. 

:   2,070  0(1 

97,59JO0 

■  51, 301  00 

IJTO.. 

INFORMATION  ASKED  FOR  NOT  FURNISHED. 

With  respect  to  your  inqiiiry  as  to  the  duty  collected  on  imports  into  each  porl 
Table  B  contains  all  the  information  that  I  can  furnish  at  the  present  time.  This  if 
formation  for  prior  years  not  being  in  priuted  form,  it  is  necessary  to  compile  it  fro( 
the  manuscript  records,  which  is  a  tedious  process.  The  information  cannot  be  giva 
from  1850  to  1855.  Such  of  the  records  as  antedate  the  orgauizatiou  of  this  Bureal 
in  1806,  are  incomplete,  having  been  kept  in  a  careless  manner  and  allowed  in  gref 
part  to  go  to  destruction,  . 

To  collate  simil.ar  information  to  that  in  Table  B,  from  the  manuscript  rccordM 
the  period  from  18()6  to  1873,  will  require  the  work  of  several  clerks  for  two  orthfl 
weeks,  as  only  those  skilled  in  the  accounts  can  work  upon  them.  Possibly,  1"'"!^!J| 
the  information  liero  furnished  may  be  deemed  sutflcient.  If  it  is  still  ^"S'"'*'' '?' 
information  similar  to  that  in  Table  B  be  compiled  for  the  years  from  1866  to  Kl\ 
will  undertake  the  work  and  perform  it  as  best  I  may  with  the  limited  clerical  totj 
I  have  fitted  for  the  work.  . 

The  calls  upon  me  from  Senators  and  Representatives  in  Congress  in  regard  tot 
tarift'  and  other  commercial  subjects  are  very  numerous  and  pressing  at  the  pros* 


AMERICAN    FISHERIES. 


551 


time,  when  th«y  are  entering  upon  a  tariff  debate.     In  order  to  auHwor  tbese  calls  it 
is  necessary  not  only  to  Iceop  up  tbe  current  worl£  of  this  office,  but  also  to  devote  a 
lar'e amoiint  cf  labor  to  the  preparation  of  tbe  information  asked  for,  all  of  which 
mesiny  i^orcc  to  its  utmost  capacity. 
Very  respectfully, 

VVM.  V.  aWITZLER, 

Chief  of  Bureau. 


^-Slatement  showinq  the  estimated  awomtt  ofdutii  collected  on  imports  offish  into  the 
Tmted  States  from  the  British  North  Jmerican  I'ossesniona  during  each  year  from  1850 
iol^&i,  except  when  the  reciprocity  treaties  of  1854  and  187;i  ratified  between  Great  Brit- 
ain and  the  I'nited  States  were  in  force. 


1 

e 

FISH, 

DRIED,  SMOKED, 

PICKLED.  ETC. 

• 

: 

i 
i 

a 
I 
W 

Mackerel. 

Salmon,  pickled. 

OTHKR. 

Anchovies  and  sar- 
dines, packed  in 
oil  or  otherwise. 

All  other,  not  else- 
where specified. 

Fish  of  aU  kinds. 

u 

! 

i 

> 

Pickled,   in 
barrels.  • 

.9x-» 
'A 

Total  daty. 

Bv\    1!  u'>  xn    *f,i  nni  8n!)'in  oo4  on  vt  jtts  en 

$«,  08r>  20 
4,  860  00 
iO,  954  00 
37,  075  80 
17, 169  00 
24, 479  20 

$106, 532  60 
152,850  80 

Ifil..    8,69.)  20     109,C9H60    17, '17  40 
W...  \VM  20       65,522  60   19,305  20 
IKl..  2^,931  40       05,843  20    18,8,58  40 
m..  26,257  411       94,183  20    18,615  40 
1855      on  sns  911       KR  451  40    16.570  00 

12, 479  «0 
8,  478  20 
17,380  80 
22,  591  20 
14,  533  40 

110,251  80 

169,080  60 

178, 816  20 

161, 432  20 

(Treaty  of  1854  in  force  from  September  11,  1854,  to  Match  17,  1866.} 


1 1*!. 


\m. 


2,070  00' 
(17.  ,'JSj  00' 
51,  :t01  00. 


1,002  00 
1  j5,  006  00 
8!),  310  00 


iKn..... 

IFJ..]OI,2UO  00; 
\W.i..   63,i)3J00 


1.5.-),  462  00 
179, 398  00 


1,464  00 
18,648  00 
19, 539  00 


9,  588  OO!  5,  255  95 
36,  943  00;  32,  529  71 
21,282  00  38,940  09 


$323  00 
36  50 
65  00 


383  00,$88. 940  25 
1,708  50  137,886  50 


$279, 439  25 
292,351  75 
300,  203  50 


10, 762  05 
340,758  21 
217, 437  09 
279,439  25 
292.  351  75 
300,  293  60 
308,  985  25 
372,  000  00 


(Treaty  of  1873  in  force  from  July  1,  1873,  to  July  1,  1885.] 


6.' 61.263  on,    101  778  00 


I 
9, 064  00  . 


0.5,  816  30     442  00 


38, 664  75 


lloul  125,  g«4  20  1, 103, 774  80  158,  085  40  150, 715  00l270, 065  8."'  3, 013  00  265,  i  Jl  60 


207,028  05 


872, 084  60  3, 3i:,  110  26 


*  Imports  from  Uriltah  Columbia  oxcladed. 


552 


AMERICAN   V1SUEKIE8. 


B. — Statement  ahoiving,  by  oustoms  distriota,  the  estimated  amount  ofduti  colkcledon  imn  - 
of  fish  into  the  United  States  from  the  British  North  American  Posaesaionn.  nihu  ■'' 
British  Columbia,  during  the  year  ending  June  30,  188C. 

[Nova  Scotia,  New  Brunswick,  Prlaoe  Edward  Island,  Newfoundland,  ami  Likbrador.i 


CUSTOMS  DISTRICTS 
INTO  WHICH  IM- 
PORTED. 


Atlantle  port*  (and 
Chicago). 

NewTork.N.Y 

BoBtou  and  Charlestown, 

Philndeiiihia,  Pa 

Baltimore,  Md 

ArooBtoi  \,  Mo 

Bangor,  A& 

Bn  rii  Rt  able,  Haas 

Chicago,  111 , 

Gloii'  'Ster,  Mass., 

Hachias,  lie 

Marblphead,  Mass 

Newarlt,  N.J 

Newbnri:port,  Mass 

Passamaiiuortdy,  Me — 
Portland  and  Falmoi-ith, 

Me 

Port;,  month,  N.  n , 

Richmond,  Va  

Saint  John's.  Fla 

Stoninirton,  Conn , 

Waldoborongb,  Me 


VMKI< 


••••«♦•«» 


FISH  SUBJECT  TO  DUTY. 


£ 


$10, 477 

25, 777 
45 


& 


OTHBR. 


i 
I 

§ 


I 


.111 


$25, 12''. 
65,  '.24 


114 

4 


1,782 
2 


796 
1,615 


2,485 


!$4,208 
3,556 


20 
2 

7,290 


2,436 


30 


208 


100 


4R,fl47   IIIMinn  I  B, 


122,170  00 
88, 300  80 


1, 70S  74 

JO  45 

1,  046  37 

1,232  00 

300  29 

11,  ^07  30 

0  52 


15, 846  75 

4, 317  35 
2  00 


4  18 


05, 055  75 


«  f  0) 

r   .* 

is® 

a'O  o 


< 


$434  40 


ii 

* 

"o"^ 

"s 

a  V 

S 

fe* 

1 

.3  E 

^ 

e  » 

c 

< 

1. 

W, 515  75  : $C5,;^;5J 

4,992  75  ' 137,600  551 

i iiwf 

i,73?:ii 

7  eo  , I33ii5l 

2,359  25  , 10.M:6!1 

i i  I'Si 


1  00 

14  00 

8, 139  2S 


434  40  114.038  50 


3,4<>2e)l 

ii,2o;sil 

053 1 

lOtl 

l((4l 

2i,90«i»| 

5,9;):  351 

in 

2,48i 
it 


.262, 5*0  SI 


[Quebec,  Ontario,  Manitoba^  and  the  Northwest  Territory.] 


Northern  liorder  ports 
(except  Chicago) 


8,218 


782 


160  65        7  00 


24, 626  25 


'|ffS^|s4|»»fftfiFPj«W»- 


34, 47!  Ml 


eH  on  Inipijr', 
»,  otkr  thn 


irador.l 


.|05,.'*i:5j 

.137,SM55l 
.1  45  001 
.  1,758  :»| 
.'  133ilSl 
,.i  10.9C7«| 
..'    1,232111 

..1  3,«:'?j 

..!  ll.SiiT 


,  '.I  I 

UtOl 

21,908  041 

5,93;  al 


.262,5(5  651 


84,4784 


APPENDIX  D. 

Tonnage  of  Jmerican  fishing  vessels  over  twenty  tons,  other  than  whale 


Poriod. 


lYear. 


ToDnage. 


FiTe  years  prior  to  treaty  of  1854 


1  Twlve  years  embracing  term  of  reciprocity  treaty  of  1854 


I  Tm  years  between  reciprocity  treaty  and  treaty  of  Washington. 


iFuTteetyeanembracing  term  of  treaty  of  Washington 


1850 
1851 
1852 
1S53 
1854 


1855 
1856 
1857 
18:>8 
185» 
1860 
1861 
1862 
1863 
1864 
1865 
1866 


1867 
1868 
1860 
1870 
1871 


1872 
1873 
1?74 
18(5 
1876 
1877 
1878 
1870 
1880 
1881 
1682 
1883 
1884 
1886 


1880 


Average 
for  period. 


143,  758  , 
138,015  ' 
]7.'>,  2U5 
150,84(1 
137,  235 


754, 053 


124,  553 
125, 703 
132,  001 
140,  490 
147, 047 
153,  019 
182,106 
203, 459 
157,  579 
148, 244 
100, 436 
89,  386 


1,  706, 123 


08, 207 
74, 763 
,55, 165 
82,612 
82,  902 


368, 649 


87, 403 
90,  542 
68, 490 
08, 703 
77,314 
n  678 
71, 6ti"  . 
66,  543  I  r 
64,935 
66,365 
67. 014 
84,822 
72,609 
73, 975 

1,  048, 453 

70,437 


150,810 


>      142, 177 


72,730 


74,880 


70,437 


563 


APPENDIX  E. 


,  No.  1. 

[Ciroalar.— Statlaticis  of  the  Fisherioa.— £f««  Circular  177  of  1885.] 


Department  No.  63, 
Bureau  of  Navigation 


n  J 


Treasury  Department, 

Office  of  the  Secretary, 

Washington,  D.  C,  May  28,  im. 
To  the  collectors  of  customs  and  others : 

It  is  represented  to  this  Department  by  the  Hon.  Spencer  F.  Baird,  Commissioner 
of  Fish  and  Fisheries,  that,  in  view  of  the  qnestions  arising  as  to  the  siiaping  aod 
negotiating  of  a  new  fishery  treaty  with  Cfreat  Britain,  atFectinf?  coloni.ii  watere 
in  North  America,  and  for  other  reasons,  it  is  desirable  to  have  at  hand,  available  for 
reference,  full  and  accurate  information  regarding  our  fisheries. 

A  large  percentage  of  the  product  of  the  fisheries  of  the  United  States  is  taken  by 
vessels  liconsed  for  the  fisheries,  or  the  coasting  trade,  and  the  owner  or  master  iu  each 
case  is  thoroughly  informed  relative  to  the  movements  of  the  vessel  and  the  quantity 
of  fish,  shell-fish,  and  other  products  obtained. 

It  is,  therefore,  directed  that  whenever  the  owner,  master,  or  agent  of  any  veeselof  | 
over  five  tons  burden,  engaged  in  the  capture  or  transportation  of  any  kiudof  flsh,  ' 
Bhell-fish,  crustacfD,  or  other  i)roducts  of  the  seas,  rivers,  or  lakes,  shall  present  binisclf 
at  the  custom-house  for  the  iJurpose  of  obtaining  or  renewing  his  marine  papers,  tbe 
collector  or  his  deputy  will  question  him  regarding  the  information  required  by  the 
blank  appended  hereto,  and  will  fill  out  the  blank  for  the  details  thus  obtained  and 
certify  that  it  is  correct.     The  statistics  should  include  the  period  covered  by  the  I 
papers  about  to  be  surrendered. 

On  the  first  day  of' each  month  the  collector  will  forward  by  mail  all  siicb  blanks 
filled  out  during  the  preceding  mouth,  addressed  to  "The  Commissiouer  of  Fish  and 
Fisheries,  Washington,  D.  C." 

Such  additional  copies  of  this  circular  as  may  be  necessary  for  your  use  will  be 
furnished  by  the  Bureau  of  Navigation  on  requisition. 

C.  S.  FAIRtHILD, 

Acting  Secretary, 


§0 


TREASURY  DEPARTMENT. 

Statistics  of  the  vessel  fisheries  of  the  United  States,  furnished  by 
customs  for  the  port  of .     Date  of  record, . 


-,  collector  ojl 


Name  of  vessel,  • 


rig. 


net  tonnage, - 


Present  value  of  vessel,  8 ;  value  of  apparatus  and  outfit,  f  — 

Hailing  port, ;  fishing  port, . 

Period  covered  by  papers  about  to  be  surrendered  or  renewed  began- 
and  ended ,  188 — . 


-,  188-, 


Name  of  owner  or  agent, 


P.  0.  address, 


P.  O.  address,  • 


Name  of  master, ,  _  .  _.  „ , 

Num^jrof  persons  on  vessel,  as  follows:  American  subjects  (white),  ^ =;Amen'j 

can  subjects  (colored), ;  British  provincials, ,'  other  foreigners, ——!| 

total, 

Naftie  separately  all  fisheries  engaged  in  during  period  covered  by  papers  men-j 
tioned  above. 


Where  fishing,  and  on  what  grounds.     . 

Kinds  of  apparatus  used.    . 

Date  of  starting  on  first  trip,     . 

Date  of  return  from  last  trip.    . 

Total  nunil)er  of  ti'ips  made. . 

How  long  idle  uuriug  period  covered  by  last  papers. 

554 


AMERICAN   FISHERIES. 


555 


Qnaiitity  of  flali  or  other  prodaota  taken  during  period  covered  by  last  papers,  as 
"pouudB  sold  fresh :  Mackerel, \  cod,  — ; — ;  halibut,  -; — — ;  herring. 


haddocli, :]  white-fish, 


lake  trout. 


haddock, :i  ."'"r.""?"'  ~  v.-     x 

other  fisU  (specifying  kinds  and  qualities), . 

Pounds  dry-salted  or  split  for  salting :  Cod, 


luonhadon  (bbls.), 


hake. 


„]li,(l; ;  other  fish  (specifying  kinds  and  qualities), , 

Barrels,  brine-salted  (seu-pucked):  mackerel ;  sea-herring,- 

,,|,1,1j)  . 1  lake  trout (i bbls.), ;  lake  herring (^ bbls.), 


haddock, 


white-fish, 
;  other  fish, 


Biishelsof  sbell-flsh:  Oysters  taken, 

^1;(,-,  . •  olamstransportedouly, ; 

Xiimbcr  of  lobsters :  Lobsters  taken,  

Gallons  of  oil  (specify  kind  and  quantity), 

Miscellanoous  products :  Seal-skins, 

ifv  kind  and  quantity), 


;  oysters  transported  only, ; 

scallops, ;  other  sholl-fish,  - 


clams 


lobsters  transported,  only  • 


sponges. 


other  products  (speo- 


Tolal  value  of  fish  and  other  products  taken,  before  deducting  any  expenses,  $ . 

Disposition  made  ot  fish  or  other  products  (where  lauded), . 

Estimate  of  pounds  of  above-named  fish  taken  within  three  miles  of  the  mainland 
or  islands,  as  follows: 

Mackerel, ;   cod, ;    hake, ;    haddock, ;   pollack, ; 

ljffij[i(rj  _ ;  menhaden  (bbls.), J  other  fish, . 

Totat  value  of  fish  taken  within  ttiree  miles  of  the  mainland  or  islands,  $ . 

Has  the  vessel  entered  foreign  waters  for  any  purpose  whatever  during  the  above 
period!  If  so,  please  answer  fully  the  questions  on  the  following  page ;  if  not,  they 
my  be  neglected. 

Uitks  of  Amencan  fishing  veaaeh  entering  foreign  waters,  especially  those  of  Canada, 
Newfoundland,  Iceland,  or  Greenland. 


Name  of  vessel. 


.f'g'. 


■ ;  not  tonnage. 


Nnmbor  of  weeks  actually  fishing  in  foreign  waters, . 

Where  finhing,  and  on  what  grounds,  . 

Kind  of  apparatus  used, . 

Total  quantity  of  fish  or  other  products  taken  in  foreign  waters,  as  follows : 
Pounds  sold  fresh:  Mackerel, ;  herring, ;  cod, ;  halibut,- 


iliiie-flsh, ;  lake  trout, ;  other  fish. 

Pounds  dry-salted :  Cod,  ;  hake, ;  haddock, 

other  tisb, . 

Barrels  brine-salted  (sea-packed) :  Mackerel, ;  sea-herring, 

(i-bl)ls.), ;  lake  trout  (^-bbls.), ;  lake  herring  (|-bbl8.), 

1  lisli, . 


■ ;  halibut. 


;  white-fish 
;  other 


Other  products  (state  kind  and  quantity),   . 

State  fully  the  quantity  of  each  kind  taken  within  three  miles  of  any  land,  and 

locality  where  liken, , 

Total  value  of  fisu  taken  in  foreign  waters,  $ . 

Value  of  portion  taken  within  three  miles  of  land,  $ . 

Money  paid  to  fi.reign  merchants  for  ice,  $ ;  bait,  $ ;  supplies,  $  ; 

I  pr,  ? ;  other  exin:uditures  and  repairs,  $ . 

Number  of  times  t  ntering  foreign  ports  for  shelter,  repairs,  bait,  or  supplies  during 

period  covered  by  Imt  papers, . 

Port  of , 

— ,  188-. 


1  certify  that  the  above  information  was  obtained  as  prescribed  by  the  circular  of 
I  the  Treasury  Departraej^t  dated  DeQember  16,  1885. 

Collector  of  Cuatoma. 


No.  2. 

lU.  S.  Commission  of  FialLOud  Fisheries.    Spencor  F.  Boird,  Commissioner.] 

Washington,  D.  C,  December  29,  1886. 

„  "'  deferring  to  your  letter  of  the  16th  instant,  asking  for  information  regarding 

^^1  fisheries  of  New  England  and  of  British  North  Ameridti,  I  take  pleasure  in 

•  'iDg  herewith  answers  to  the  various  questions  propounded,  with  the  exception 

ithp^v"^  I '^  '•^'P>  which  asks  for  the  total  tonnage  of  American  vessels  employed  in 

|M  .North  Atlantic  fisheries  in  1866,  the  total  number  of  men  thereon,  and  tho  total 


556 


AMERICAN   FISnERIES. 


value  of  their  catch.    The  comi)ilatiou8  necesaary  for  intelligent  estimates  ir 
nwer  to  this  question  are  nearly  completed,  and  the  results  will  bo  lorwaidedatthti 
earliest  practicable  moment. 
Very  rospecU'uUy  yours, 

SPENCER  F.  BAIRD, 

_       _,  -,  Commmioner. 

Hon.  Danikl  Manning, 

Secretary  of  the  'JYeasury. 


No.  3. 


3 

u 


Question  1.   "What  do  you  estimate  to  have  been  the  value  of  the  products  of  the 

British  North  American  fisheries  for  1885?" 

The  Canadian  fisheries  in  1885,  as  shown  in  detail  by  the  accompanying  tables 
furnished  occasional  or  continuous  employment  to  59,493  persons,  with  1,177  vessels 
and  88,472  boats.  The  value  of  these,  together  with  that  of  the  other  apparatus  ami 
capital,  including  shore  property,  gives  a  total  of  $G,(>97,459  employed  in  the  fislieriei 
industries,  with  a  total  value  of  products  amounting  to  |17,72:;J,973.18.  Tbotiilies 
from  which  the  summary  is  obtained  have  been  compiled  from  the  annual  report  ol 
the  Department  of  Fisheries,  Dominion  of  Canada,  for  the  year  1885. 

In  using  tho  fli^ures  it.  should  be  remembered  that  the  tables  include  not  only  the 
commercial  lisheries,  but  also  the  persons,  apparatus,  and  capital  employed  in  flshiiig 
for  local  snpply ;  and  probably  a  large  number  who  lish  only  to  furnish  food  for  their 
own  families.  This  class,  owing  to  the  lack  of  manufacturing  interests  and  the  char- 
acter of  tho  soil,  composes  in  many  l-»calitioB  u  largo  part  of  tho  population. 


^ 


IS 

0 

e 


n 


s 


a 
t 

a 


:   & 


^ 

t 

s 

i 

1 

: 

•3 

J 

5 

1. 

s 

5 

a 

< 

1 

^ 

S 

«. 

£ 

K 

c 

3 

? 

H 

a 

« 

A 

*. 

g 

tt 

0 

■S 

« 

; 

5 

V 

0' 

^ 

AMERICAN   FISHERIES. 


557 


mates  ir.  an- 
vnirted  at  tbe 


5AIRD, 

iifiwissioner. 


redacts  of  the 

inying  tables. 
h  1,177  vessels 
apiJaratus  ami 
in  lUe  flsheriei 
H.  The  tallies 
una)  report  ol 

le  not  only  tin- 
oyed  in  flsliiiig 
li'food  for  their 
8  and  the  char- 
iatiun. 


2 

I 

i 


^     5 


t      S 


'3  fe 


^1  i 

3 


C    £    X    V 


asssrJS 

bot-H  CO  woo 


(8        if    ■ 

S.S  S  «  2  « 

g-X  Ir:  t'-tJ 


^1 

a  3 

B 

0 


a 
I 


ift  ?e  OS  X'^  o 

•^  tfi  to  tfi  t'i  9 
»o>i--  —  ci^ 


"J  S  S  S  - 

ro'iji'i-Tsf—" 


e 


5 
e 

a 
a 


I 


i 

I 


i 


■  C^         t-*         rH 


I' 


»5  00 15  9S  S ' 

w  «  X  S  «  II 

09 1>  A  CI  CDC 


"«  2 ':  1 5  d 

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^  $  "  *  C'J  « 


^ 


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?r  o'eo"^  01*  r-T 
IrH        1-1 


I 


II 


il 


lew  • 

05  fe  m  S 


I ill 32 


i-- 


558 


AMERICAN   FISHERIES. 


^ 


e 

1 

o 
O 


.a 

a 

0 

"e 
O 


•c 


& 


1 

E 


I 


^ 

^ 


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Quention  2.  "Wlmt  uro  tho  descriptions  of  the  IIhIi— in  oonseqnonco  of  tlienreH»t  I 
hahitH  of  tho  ttnh,  tho  prt'8t>nt  nii'iiuMls  of  oatohinn,  drvinfj,  rurnif;,  nnd  \\rmn- 
injj — Aiiu'rican  tinhornion  tloMiro  to  tiiko  oitbur  in  tlio  jiiriHdJciioiiiil  of  watersof  i 
HritiHli  North  Ainoricii,  or  in  tho  opon  seu  or  open  baj'H  noar  tho  liritisb  tdlniiiii 

pOMHPHNifmsT" 

Prior  to,  and  during  tho  (IrHi  half  of  t  he  prowHit  contnry,  many  of  thf  Now  Enilinj 
vesHols  oiifjajifd  in  tho  oIlHhoro  tod  (ih  >iio8,  boini?  of  Huniil  hIzo,  found  it  ilwiirable 
to  Hsh  in  tho  vicinity  of  tho  nhoro,  whc  i  thoy  couhl  nnvko  a  hurhor  in  t^asoofnevtrt 
Btorms.  Owing  to  tlioir  mnall  tonuugo,  thoy  found  it  dillioult,  to  carry  Niitlicicntnnaa- 
titioa  of  codflHh  tn  nniko  a  trip  to  tho  inoro  distant  tlNliing  gronii(ii4  ])rolitnbli'  and 
many  of  thorn  Coiind  it  desirahlo  to  lan<l  and  dry  their  Huh  upon  tho  hhorog,  tliiiscD*- 
hling  tlioin  to  bring  homo  a  ninoh  huvror  ({uautity  is  a  result  of  tho  voyaijo.  At  that  I 
time  tho  majority  of  the  tlsh  wore  ix ported  to  ^  'in  and  tho  West  inuics,  aud tin 
methods  which  our  lnhernion  found  it  nocessary  m  adopt  in  drying  their  tisli  ontlu 
provincial  shoros  made  them  especially  udaptod  for  thcw*  markets. 

Since  1850  tho  small  vessels  engaged  lu  tiif  oflTsiioro  tisherii^s  have  been  Kraduallr 
replaced  by  larger  ones,  ami  thus  the  privih^go  of  fishin>;  for  cod  in  tho  vicinity  nf  thi  i 
shore  has  l)ocouio  loss  important,  and  as  the  codllsh  arc  more  abundant  on  tlm  offshore 
Banks,  twenty  to  two  Inindn  1  miles  iVoiu  land,  vesstds  engaged  in  thin  tiHlicrynou 
prefer  to  visit  these  localities;  and  titoyhavo  been  doing  so,  with  compinatiTelj  I 
few  exctptions,  for  tho  past  tifteen  or  twenty  years.  Tho  catch  of  these  vchscIs,  in- 
stead  of  being  exported,  is  now  to  a  great  extent  consumed  in  thi-'  country,  and  out 
market  at  present  calls  for  tish  cured  m  a  ditlerent  way,  so  that  t  h  priviji'jrc  <,(  dry. 
ing  and  ciuing  fish  on  Canadian  soil,  now  that  tho  vessels  are  large  enough  to  n  i«lilj 
carry  the  iindried  fish,  is  no  longer  of  any  advantage  whatevt^r  to  our  tiHiioriiion. 

Formerly  vessels  employed  in  tho  mackerel  lisherios  wito  provided  only  with  hand- 
lines,  and  tho  crows  caught  the  tlsh  from  tho  vessel's  deck.  When  fishing  in  this  wsy 
they  found  it  desirable  to  grind  up  fish  and  clams,  which  they  threw  in  Ifirjre  quanti- 
ties into  the  water  to  attract  tho  mackerel  and  keep  thoni  in  the  vicinity  of  the  veiwel. 
The  beet  resnlts  were  then  obtained  by  fishing  in  shoal  water,  as  the  bait  throwii 
overboard  could  not  sink  to  any  great  doi)tli,  and  the  entire  body  of  li-tli  wcrethni 
kept  near  tho  surface,  whore  they  wore  within  icfich  of  tho  liook  and  Iiui\  Aboni 
1865  purse-seines  were  introduced  for  the  capture  of  mackirol,  and  in  a  few  years  they 
came  to  be  generally  ado|)ted  by  vessels  employed  in  the  mackerel  fishery.  These  ant 
fished  to  best  advantage  at  some  distance  from  tho  shore,  and  tho  lishernicu  usiiallj 
avoid  shoal  water,  as  the  seines  are  liable  to  l)o  ruined  when  set  in  depths  where  ilii- 
It  ad-lines  may  chance  to  come  in  contact  with  the  bottom. 

During  earlier  years  the  halibut  fishery  in  tho  vicinity  of  i>rovincial  shores  wasof 
some  slight  importance  to  the  American  fishernien,  but  this  has  been  couliued  wholly 
to  deep  water,  many  miles  from  land,  since  187.'j. 

The  shore  herring  fisheries,  and  the  occasional  capture  of  certain  species  for  bait, 
vere  also  at  one  tiuio  of  value  to  fishermen  from  the  United  States;  but  (such  ad"- 
tided  opposition  on  the  part  of  tho  resident  Provincial  tisherraen  was  manifest  to  the 
exercise  of  the  privilege  of  taking  fish,  accorded  by  the  treaty  of  Wasbin};tou,thai 
the  practice  of  catching  their  own  supply  was  practically  abandoned,  and  the  fiihiT- 
inen  have  almost  without  exception,  since  tho  woll-known  difficulty  at  Fortune  Bay, 
Kowfoundland,  about  ten  years  ago,  purchased  their  cargoes  of  herring  from  the  local 
fishermen,  and,  where  these  had  no  suitable  apparatus  for  obtainins  saiiie,  havewr- 
ried  their  own  apparatus  and  hired  tho  provincial  fishermen  to  tnanipnlafo  it. 

The  mackerel  is,  then,  the  only  species  of  any  importance  visiting  Provincial  waters 
^•hich  Aiuerican  fishermen  at  present  desire  to  catch  within  three  miles  of  the  shore, 
or  indeed  within  a  much  greater  distance.  This  is  practically  tho  only  Provincial 
Bliore  fishery  in  which  our  fishermen  have  had  any  considerable  interest  since  \h 
ratification  of  the  treaty  of  Washington,  as  the  great  majority  of  our  vessels  em- 
l>loyed  in  other  fisheries  on  the  banks  off  the  Provincial  coast  seldom  fish  nearer  than 
twenty-five  or  thirty  miles  from  laud,  and  a  majority  of  them  secure  their  cargoM 
from  one  to  two  hundred  miles  from  shore. 

At  the  present  time  the  advantage  to  be  derived  from  any  privilege  of  fishing  within 
three  miles  of  the  Canadian  coasts  even  for  mackerel  is  comparatively  insignificant, 
as  the  results  of  the  season  ^"hich  has  just  closed  show  conclusively  that  ourvesseli 
■which  L.ive  fished  whollj^  ontslde  of  the  three-mile  limit  have  done  fully  as  well  ai 
the  Canadian  vessels,  which  have  had  the  op jortunity  of  fishing  everywhere,  withoni 
restriction  as  to  distance  from  shore.  '  . 

Question  3.  In  the  method  of  fishing  on  that  open  sea,  or  in  those  open  bays,  of 

preserving  tho  catch  and  sending  it  to  our  ports  for  a  market  now  desirable  for  oat 

Ameri     n  fishermen,  of  what  importance  is  the  right  to  enter,  in  a  commercial  way, 

British  ;olonial  ports  in  the  neighborhood  t  ,      , 

The  nature  of  the  occupation  of  fishing,  when  the  size  of  the  vessel  is  considerea 
renders  it  impossible  for  a  fishing  vessel  to  provide  against  all  contiugencies, 
leaving  the  home  ports  the  vessels  are  ordinarily  provided  with  what  is  snr"  "■ 


On] 


AMERICAN    FIMHKKIEa 


r,(\\ 


1  fiill  outfit  of  pruvinioiiH  iiinl  a]>piir)itiiH,  liul,  ii  Hciircit'.v  '•(  rtsh  may  tenilor  it  dc- 

■m! '(■  ilirtt  it  HlKiiililiiiiimlM  on  fho  Hsliiiijr-j;rmiiMl«  lonj{«*r  tliiiii  wnn  I'xpcrti'd,  or  it 

Lv be di'liVV''  ''V  lifttd  windH,  Htonns,  or  lloatiii^f  ii;«,  until  tlie  Hnjiply  of  jnovisioin 

rwattT  JH  t'xl>;iiist<!(l.      It  tlicn  l>cciMn<!s  coiiv<Miiflnt,  in  order   to   pn-vont  nctual 

bfcrinL',  timt  ll><<  '.'<'HS(d  Nlioiild  rrial<n  ii  Iiiirl)or  nnd  obtain  additional   c|nantiti('H. 

ulancfH  liiivn  occurred  dnrinK  tlio  proHniit  yoar  wlion  voshoIh  nhort  of  provisions 

vf  atlomptfld  to  reach  otio  of  onr  own  ports  to  obtain  a  snjjply  ratluir  than  incur 

^fijl(,ifnfliziiro  by  cnteriiiR  thoHO  of  Canada  for  that  j)nrpo,so. 

I  \L';iiu,  iKirtioiiN  ot"  the  vpsHiil's  <>»inipniojit,  Hncb  as  aiudiors,  rabl«>H,  flsh'ng  boata, 
'uiij,i|iiiijtii!tof <'aptiir(>, arc  liablnto  be  Io8tdnriii<jHtormy  woalhor, and  it  is  n  jjroat 
bvfiiit'iico  to  be  able  to  purrhaHo  new  material  in  tiie  nearest  provincial  port  rather 
Ian  to  incur  t  lie  loss  which  must  be  sustained,  ])rovided  the  vessel  is  obliged  to  return 
n  \ra('i'i('an  murkets  to  purchase  same.  This  is  trne  both  in  the  iistu>ries  carried  ou 
ifjr till' land  and  also  in  those  on  the  more  distant  tishinp  grounds.  This  season 
Lchincoiivcnii  <■<'  was  experienced  by  nuniy  of  the  vessels  enj;aKed  in  the  mackerel 
blifnficni  tlie  t. ,.  >  iiijj  of  their  Helnes  and  the  loss  of  their  seine  boats  in  heavy  we  itiier, 
(tinito  llie  rt'fiisiil  of  certain  Canadian  ofKlcials  to  allow  them  to  land  their  soinesfor 
lirposp*  of  repair  or  to  bny  new  boats  for  eonMnnuiK  their  lishinpiopt'rationH.  Many 
(them  were  provided  with  two  boats  and  some  carried  two  seinoH  to  pnard  against 
liciiciiiitinueiicii's,  but  in  a  immbcr  of  cases  vessels  so  ecjnipped  weroe(iually  incou- 
Wenml  with  the  others. 

JThf  "iilyopc'iNien  that  vessels  would  liavo  for  entering  the  harbor,  dun  to  the  methods 
^nti'i>f:viiiK ''"'''  would  be  for  tlii',  purpose  of  obi aiuin(»  either  salt,  barndsor  ice.  It 
Imetiims  happens  that  the  salt  is  dama;;ed  by  a  leak  in  the  vess(d,  or  that  a  doten- 
lonlii'Yiind  tlie  expected  time  causes  the  melting  of  tlie  ice,  and  it  is  important  that 
Jiirlisiii'niii'n  hlinuld  be  permitted  to  purchase  additional  ijnant  ities  in  Canadian  ports, 
LlbT  lliiiii  run  the  risk  of  losin;^  the  entire  cargo  <>f  fish  or  of  returning  with  only  a 
Hfliiltiip.  Tin'  iireseut  interpretation  given  to  the  treaty  of  1818  by  the  Canadian 
btlmrilics,  wliilo  it  might  allow  a  leaking  vessel  to  enter  a  port  for  repairs,  -would 
Ct allow  it  to  replace  the  salt  that  might  have  been  rendered  worthless  by  the  leak. 
JTlic  privili')j;(!  of  lauding  cargoes  of  lisb  at  provincial  j)ort8  for  shijjnu'ut  to  the 
iDitfd  StatcH  is  of  considerable  importance  to  vessels  engaged  in  the  macken;!  fishery, 
lutcfli'tle  value  to  those  employed  in  the  cajiture  of  other  species.  Vessels  are 
fciisfr,;i  li'd  to  land  trips  for  shipnmnt  and  to  immediately  resume  their  lishing 
mtimis,  MiiiH  saving  the  two  to  four  weeks  necessary  for  making  the  liouiewara 
tdrftiini  passage;  but  with  the  privilege  of  transshipjiing  cargoes  should  be  coupled 
latof  rclitting  at  the  port  where  the  iihh  are  landed,  otherwise  the  vessel  might  be 
lortiif  \ruvi8ioiis  or  apparatus,  which  would  rend<T  it  impos8il)Io  for  it  to  continue 
•  lisliiiii;  operations. 

[Mostnf  th.T  vessels  from  Gloucester,  Mass.,  engaged  in  the  offshore  cod  fisheries 
Vt« niiiili' a  practice  of  obtaining  fresh  bait  in  ])rovincial  itorts;  but  a  majority  of 
!l9 similarly  einploye<l  from  other  places  carry  salt  bait,  thus  being  entirely  in- 
[([Kiidciif  of  the  Canadian  supply.  The  chief  differenco  between  the  two  classes  is 
lattlieGloncrhter  vessels  iisli  -with  trawls,  while  the  crews  of  most  of  the  other 
(sselseiitch  their  fish  with  hand-lines.  It  is  claimed  by  certain  of  the  Gloucester 
fcettliat  llicy  get  more  and  larger  lish  by  the  use  of  fresh  bait,  but  the  fishermen 
kiiiliir  ports  have  found  their  own  methods  profitable  and  have  not  felt  disposed 
bfnlloff  (llonpcster's  examjilo  even  wlicu  they  had  free  access  to  Canadian  ports  for 
le purpose  of  oittainiiig  bait. 

lAl'ew  of  the  vessel-owuers  in  Gloucr ster  have  long  maintained  that  the  time  lost 
1  going  to  and  from  Provincial  porta  to  secure  bait,  and  the  temporary  demorali- 
klioii  of  the  crews  resulting  from  a  visit  to  these  porta  more  than  offset  any  ad- 
Wtagis  that  are  to  he  derived  by  the  use  of  fresh  bait,  and  urge  that  salt  bait 
lonld  be  foniid,  ou  the  whole,  more  j>  ofitablo;  but  as  a  considerable  percentage  of 
lenica  omployod  on  the  vessels  have  families  or  relatives  in  the  Provinces  they  have 
ptiniKdto  urge  u])on  the  owners  the  necessity  of  obtaining  bait  in  these  localities, 
Wit  Las  1)0811  diftieult  to  dissuade  them.  After  the  experience  of  the  present  year 
Jiitcaniinilier  of  other  Gloucester  owners  and  fishermen  as  well  are  convinced  that 
jisoD  the  whole  better  to  substitnto  salt  bait  than  to  continue  the  old  practice  of 
Fi"o'tlie  Blinks  in  the  midst  of  the  fishing  season  to  obtain  other  kinds  in  the  Pror- 
!«■  Tliat  this  opinion  is  shared  by  the  Nova  Scotia  fishermen  is  proven  by  the  fact 
ptlorbonie  years  they  have  been  in  the  habit  of  purchasing  large  quantities  of  salt 
lamifiom  dealers  at  Portland  and  other  towns  in  the  State  of  Maine  to  bo  used  by 
pfoiintliecod-fishcries. 
I^iocc  the  introduction  of  the  purse-seine  the  mackerel  fishermen  have  required  no 

[Intho  liiilibut  fishery  it  is  only  necessary  to  take  a  suflicient  quantity  to  last  one 
FtKO  days,  as  the  remainder  of  the  catch  can  be  obtained  on  refuse  fish  taken  on 
ptra\yU  with  the  halibut,  or,  if  necessary,  small  halibut  can  bo  cut  up  and  used 

'fbaiting  the  hooks.  •  . 

S.  Ik.  Hlj 30 


IMAGE  EVALUATION 
TEST  VARGET  (MT-3) 


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33  WEST  MAIN  STREET 

WEBSTER,  N.Y.  14580 

(716)  872-4503 


& 


5G2 


AMEEICAN   FISHERIES. 


In  tho  past  the  cod-flshermen  frequenting  Georges  Banks  have  at  certain  sea 
of  tho  year  obtained  their  bait  from  Canadian  ports,  but  the  experience  of  the  ir" 
ent  year  lias  proven  that  they  are  not  dependent  upon  them,  as  most  of  the  ve  spI 
have  obtained  their  supply  on  our  own  coast  with  comparatively  little  ditficulty  a  I 
frequently  with  less  loss  of  time  than  was  customary  when  visiting  localities  iuV 
Brunswick  and  Nova  Scctia.  '  ' 

I  fc  will  tlius  be  a^ien  that,  though  the  privilege  of  obtaining  bait  and  the  ice  iiecessarv 
for  preserving  it  in  British  North  American  ports  has  been  ?n  tho  past  and  niavtvw 
siiill  be  considered  a  convenience  t«  ctirtaJ.w  classes  of  vessels,  it  is  not  of  vital  im. 
portauee. 

The  agitation  of  the  question  of  bait  supply  haa  had  a  very  beatficial  iufljeuM 
upon  our  own  fishermen,  and  has  resulted  in  the  development  of  extensive  8liore  kit 
fisheries  aloug  the  coasts  of  Maine  and  Massachusetts,  which  give  prorjiige  of  being 
able  to  supply  in  large  part,  if  not  wholly,  tho  demands  of  our  entire  lifeet.  Durin? 
the  past  summer  the  experiment  of  shipping  bait  to  Boston  from  tbe  more  remote 
localities  on  the  coast  of  Maine  has  been  made  with  success,  and  the  costof  trani-i 
po-.tiition  is  not  high  euough  to  be  a  barrier  to  tho  continuance  of  the  biisiU 
If  this  practice  increases,  as  at  present  seems  probable,  it  will  doubtless  resiili  in  i 
great  saving  of  time  to  our  fleet,  which  has  often  in  tho  past  beer,  seriously 


uifon-i 


venienced  in  its  fishing  operations,  owing  to  the  time  consumed  in  sai li  11(5  from  portj 
to  port  in  search  of  a  supply.  The  Uu' ted  btat^s  Fith  Coi'imission  has  receutly  beinmi 
a  series  of  experiments  with  a  view  to  determining  the  practicability  of  ineserraj 
fresh  bait  long  enough  to  admit  of  its  shipment  from  Now  Ei;slan(l  ports  to  tiieileetl 
dshing  on  the  more  distant  banks,  but  the  work  is  not  yet  sufficiently  advauceil  lol 
warrant  an  opinion  as  to  the  probable  result. 
Question  4.  "The  same  question  in  regard  to  the  fishing  on  the  permitted  coasts. 

and  the  commercial  entry  in  the  prohibited  bays  and  harbors,  but  not  tor  lisliinn 

There  is  at  present  comparatively  littk  fishing  by  American  vessels  on  that  iiortioi 
of  tho  coast  to  which  free  access  is  given  by  the  treaty  of  1818 ;  but  vessels  lislmigiU 
that  vicinity  should  have  the  san.j  privileges  in  other  ports  as  are  accorded  tuottej 
vessels,  as  it  would  seem  nnwiseto  discriminate,  and  it  would,  pcihaiis,  owiujr  totU 
few  Battlements  of  any  importance  on  the  permitted  coast,  bo  more  couvenlentfM 
the  vessels  to  enter  ports  in  the  prohibited  districts  to  purchase  the  necessary  articis 
than  to  go  out  of  their  way  in  an  opposite  direction,  where  there  might  be  any  0^ 
certainty  of  securing  them. 
Question  5.    "What  is  your  estimate  of  the  total  tonnage  of  the  American  vessel^ 

the  number  of  fishermen  thereon,  engaged  in  the  Canadian  and  North  Atlantic  li 

eries  in  1386,  and  the  total  value  of  their  catch  ?" 

A  careful  estimate  of  the  extent  and  importance  of  our  New  England  vessel  &ij 
eries,  indicates  that  during  the  present  year  theie  have  been  1,95G  vessels,  aggregj 
ting  115, 130  tons,  with  crews  numbering  17,996  men  employed  in  the  various  seafisheriM 
The  fleet  is  estimated  to  have  been  divided  as  follows:  1,5^)0  vesjels  iu  thefooi'l 
fisheries,  215  in  the  shell-ilsh  and  lobster  fisheries,  177  in  the  capture  of  whales anj 
seals,  and  34  in  the  menhaden  fishery. 

The  1,530  food-fish  vessels  aggroguted  71,200  tons,  and  furni.  bed  employment  t 
14,240  men.  The  vessels,  with  their  equipment,  were  valued  at  nearly  $5,000,000,  an 
their  catch  is  estimated  to  have  sold  at  prices  to  fishermen  for  |4, 590,000.  Ofthl 
fleet  350  sail  were  engaged  in  the  oir-shore  mackerel  fisheries,  200  in  the  cod  fisheii 
on  Quersan,  Grand,  and  Western  Banks,  165  others  in  the  cod  fisheries  of  Georgc'sM 
Brown's  Banks,  and  the  remaining  750  in  the  miscellaneous  shore  and  off-shore  £il 
eries.  I 

The  off-shore  mackerel  vessels  are  the  only  ones  that  have  engaged  to  any  extent! 
catching  fish  in  the  vicinity  of  waters  under  British  jurisdiction.  Of  this  fleet,  aba 
one-halt,  or  possibly  a  slightly  larger  percentage,  have  fished  in  the  Gulf  of  St.  Laj 
rence  during  a  portion  of  the  mackerel  season,  the  remainder  of  these  vessels  harii 
remained  oft  our  own  coast.  J 

Below  are  given  two  tables,  showing  in  detail  the  extent  and  character  of  oiirNj 
England  vessel  fisheries  in  18d6.  The  figJires  as  there  explained  are  estiuiatcjl  W 
partial  statistics  furnished  by  collectors  of  customs  on  Treasury  circular  No,  (kl,P 
reau  of  Navigation,  and  from  special,  bnt  as  yet  unfinished,  investigation  liy  t 
United  States  Fish  Commission.  The  statemant  in  both  tables  are  therefore subj^ 
to  revision ;  but,  as  due  allowance  has  been  made  for  the  siatisMcs  not  yet  recem 
it  is  believed  the  totals  will  not  be  materially  changed  by  the  final  compilations 


AMERICAN   FISHERIES. 


563 


iaeficial  iiifliieoMJ 
tensive  shore  bait! 
1  proijiise  of  beinjj 
ire  iJcet.  Duringl 
tli(!  more  remote] 
the  cost  of  trans-] 
;e  of  the  business. ! 
lubtless  result  in  ii 
er.  seriously  intonj 
a  siiilinj;  from  port 
has  recently  ufgiui| 
lility  of  iiri'serviDif 
d  ports  to  the  fleel 
iently  advauceilta 

I  permitted  coiistiJ 
•ut  not  tor  tisliinn 
jels  on  that  jmrtioi 
at  vessels  tiahingiJ 
re  aeeorded  to  oiW 
;hap»,  owiujr  tothJ 
lore  couvenieiit  for 
16  necessary  artici«i 
e  might  be  any  m 

e  Americau  vessels 
North  Atlantic  isM 

England  veiiecl  fisbj 
I5G  vessels,  aggregi" 
various  sea  fisheriei 
jels  in  the  fooil-l 
ituroof  whales  aiil 


r  hk  estimating  hy  fishwies  the  total  number,  tonnage,  and  value  of  New  England  veteeU 
rinloyed  in  the  North  Atlantio  food-finh  fiaheriea  in  1886,  with  the  number  of  men  and 
'■akeof  apparatus  and  outfit  on  same,  and  the  total  value  of  their  catch. 

rrkMB  Mtimatcs  are  based  upon  partial  retams  from  collectors  of  cuatoms  on  Treasury  Circnlar  No. 
'^83  current  series,  and  upon  special  investigations  by  the  United  States  Fish  Commission.] 


Fisherien. 


Ofthore  mackerel  fisheries  •--••--- 
Codisheries  on  Qa<jreau,   Grand, 

t;d  Western  Banks..... 

Coilttsheriei'    on     Georges     and 

Brown's  Banks...... 

Ofiliore  halibut  flshories . ......... 

ilisodlaneons  shore  and  offshore 

toher'es 

Total -, 


llumber. 


350 

200 

163 
65 

7S0 


1,630 


Tonnage. 


30, 000 

16,500 

10,000 
5,000 

9,700 


71,200 


Value. 


$1,325,000 

765, 000 

640,000 
400,  000 

430, 000 


3,560,000 


Value  of 
apparatus 
and  outfit 


$520, 000 

330,  000 

200, 000 
IIO.'OOO 

260, 000 


1, 420, 000 


Number 

of 

men. 


5,500 

2,800 

2,000 
900 

3,040 


14,240 


Value  of 
catch. 


$875,000 

990, 000 

8,')0, 000 
750, 000 

1,125,000 


4, 590, 000 


i(rotl  to  any  extent! 

°  Of  this  fleet,  abol 
the  Gulf  of  St.  Uj 

these  vessels  havi 


564 


AMERICAN   FISHEEIE8. 


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13 
3 


AMERICAN   FISHERIES. 


5G5 


Onestion  6.  "  What  change  has,  in  your  view,  come  to  American  fisheiies  since  the 
last  fall  ye*r  ^^  *^®  Washington  treaty  in  regard  the  character,  quantity,  and  gen- 
eral features  of  that  industi^  t" 

There  has  heen  little  change  in  the  fisheries  other  than  the  mackerel  fishery  during 
the  past  year.  In  this  fishery  the  scarcity  of  mackerel  has  been  very  marked  and  the 
catch  has  been  much  below  that  of  the  average  year.  The  decrease,  however,  can  be 
ja  no  way  attributed  to  the  abrogation  of  the  treaty  of  Washington,  but  must  rather 
ie  accounted  for  by  natural  causes  which  have  aflfected  the  abundance,  movements, 
and  locality  of  the  species. 

For  several  years  prior  to  1886  mackerel  appeared  in  more  than  average  quantities, 
aod  for  eight  or  ten  years,  ending  with  1885,  they  have  been  much  more  plentiful  on 
our  own  coast  than  on  any  portion  of  that  of  British  North  America.  For  this 
reason  the  fleet  of  American  mackerel  vessels  visiting  waters  in  the  vicinity  of  British 
territory  has  of  late  been  very  small.  In  1885,  out  of  a  total  of  about  380,000  barrels 
caught  by  our  fleet,  only  26,000  barrels,  or  loss  than  seven  per  cent.,  were  taken  in  the 
vicinity  of  Canada,  the  quantity  obtained  within  .'ho  three-mile  limit  being  only  3,564 
barrels.  The  fact  that,  during  a  season  when  permission  had  been  given  to  allow  Amer- 
ican Vessels  tofish  anywhere  in  the  waters  of  British  North  America  without  restriction 
as  to  distance  from  snore,  less  than  one  per  cent,  of  the  catch  of  our  mackerel  fleet 
MSBecured  within  three  miles  of  British  territory,  and  that  more  than  ninety  Ihree 
per  cent,  of  the  total  catch  of  mackerel  was  obtained  \n  the  vicinity  of  our  own 
coast,  is  certainly  significant. 

During  the  present  year  mackerel  have  been  peculiarly  jcarce  in  all  localities, 
tliough  for  the  first  time  in  eight  or  ten  years  they  have  been  more  abundant  in  the 
I  Gulf  of  St.  Lawrence  than  oft"  the  New  England  coast,  and  a  lar^e  percentage  of  the 
American  vessels  employed  in  the  fishery  have  visited  that  locality.  The  catch  has, 
uarnle,  been  unusually  small,  but  the  price  has  increased  in  proportion,  so  that  the 
season  for  some  of  the  vessels  has  not  been  wholly  unprofitable.  The  limited  catch 
I  cannot  in  any  way  be  accounted  for  by  the  restrictions  placed  upon  our  vessels  within 
)  thrco-mile  limit,  for  their  catch,  as  previously  stated,  has  been  eqnal  to  that  of 
[  tlie  Canadian  vessels  that  fished  without  restriction  as  to  distance  from  the  shore. 

The  vessels  engaged  in  the  cod- fishery  have  met  with  more  than  avera^B  success. 
[ibis  is  partially  attributed  to  the  fact  that  the  squid,  used  for  bait,  have  been  very 
I  plenty  during  the  summer  and  fall  months  on  the  fishing  groui.  Ts.    It  has  not  un- 
I frequently  occurred  that  vessels  have  sailed  without  any  bait,  depending  upon  the 
[stpplythat  they  could  catch  on  the  Banks  upwards  of  a  hundred  miles  from  shore. 
JQnestion?.  "Your  Commission  has,  in  ita  annual  reports,  alJ'ided  to  the  diminished 
necessity  on  the  part  of  American  fishermen  to  go  to  British  North  American  port* 
or  waters  for  bait.    What  are  the  new  features  of  that  necessity  f " 
A  few  years  ago  the  United  States  Fish  C\)mmi88ion  obtained  frora  Norway  a  num 
Iber  of  gill-nets  suitable  for  catching  codliah,  and  used  them  with  success  in  the  cod 
Ifisheries  about  Gloucester,  Mass.    Similar  nets  are  now  made  in  this  country,  and 
\m  extensively  employed  by  the  shore  cod-fishermen  of  that  vicinity,  who  obtain 
l\ap  catches  by  their  use.    These  fishermen  formerly  depended  in  large  part  for  their 
lliait  upon  frozen  herring,  brought  from  New  Brunswick  and  Newfoundland,  but  where 
Mnets  are  used  bait  is  no  longer  reouired.    Thus  lar,  however,  gill-nets  have  not 
jbeenextensively  employed  in  the  capture  of  codfish  on  tho  more  distant  fishing  Banks. 
The  development  of  our  shore  bait  fisheries,  re forved  to  in  answer  to  a  previous 
jqatstion,  also  renders  our  people  less  dependent  upon  the  Provincial  supply,  and  the 
Toffing  sentiment  upon  the  part  of  certain  Gloucester  owners  in  favor  of  substituting 
lit  clams  purchased  in  American  markets  for  fresh  bait  obtained  in  the  Provinces, 
iems  destined  to  decrease  still  further  our  dependence  upon  the  Canadian  snpply. 
icanuot  bedeuied,  however,  that  there  are  still  a  large  number  of  vessels  that  would 
lonsider  it  a  convenience  to  obtain  bait  in  tho  Provinces,  provided  commercial  privi- 
iges,  nndor  proper  restrictions,  are  accoriled  to  our  vessels. 

(jnestiou  8.  "Your  Commission  has  also  alluded  to  inquiries  presented  by  it  in  respect 
to  the  general  vahio  of  the  inshore  Canadian  waters  to  American  fishermen,  and 
tlie yearly  value  of  tho  liberties  given  to  American  fishermen  by  the  WashinKtou 
treaty.  H.ive  you  ascertained  now  facts  of  public  interest  in  that  regard  which 
you  can  conveniently  communicate  to  mo!" 

Iiic  decreased  importance  to  American  vessels  of  the  inshore  Canadian  fisheries  has 
lesnltort— 

Jl)  From  tho  increased  size  of  our  vessels,  which  did  away  with  the  J>ecos8ity  of 

Ming  close  to  land,  where  harbor  could  be  made  in  case  of  storms,  and  of  landing 

B  the  vicinity  of  the  fishing  grounds  to  dry  their  fish  before  sailing  for  home  ; 

I  wirom  the  substitution  of  the  purse-seine  for  the  hand-lines  in  tho  capture  of 

paclieiel,  which  has  necessitated  the  fishing  in  deeper  water  and  at  a  greater  dis- 

^Dce  from  shore ;  and 

1  (3)  horn  the  change  in  the  location  of  the  mackerel  fisheries,  which  has  for  the 

i»«ttew  years  enabled  our  vessels  to  obtain  full  cargoes  in  the  vicinity  of  our  own 


-V     'I' 


566 


AMERICAN   FISHEBIES. 


coast,  instead  of  going  to  the  Gulf  of  St.  Lawrence,  where  they  formerly  met  rith 
better  success,  but  where  of  late  years — prior  to  the  present  season— thoy  have  fonmi 
fishing  unsatisfactory. 

This  recent  return  of  the  mackerel  to  the  more  northern  waters  should,  bowew 
not  be  considered  as  indicating  a  permanent  change  in  the  location  of  the  fishery  for 
within  a  short  time,  and  possibly  next  season,  tney  may  again  appear  in  greater 
abundance  on  our  own  coast;  and,  indeed,  the  study  of  the  movomenta  of  other  fishes 
renders  it  not  wholly  improbable  that  mackerel  ciay  at  no  distant  day  disappear  en- 
tirely from  the  Gulf  of  St.  Lawrence  and  from  other  portions  of  the  Provincial  shores 
■where  they  are  now  abundant.  ' 


'    ',      "'_■  No.  4. 

J..R.  L.]  Treasury  Department,  Decenifier  30, 1886. 

Sir:  In  reply  to  your  request  of  the  28th  instant,  in  which  you  desire  to  be  informed 

of  "the  value  of  ifierchandise  sent  during  the  last  fiscal  year  m  6ond— (1)  thiongh ' 

any  port  of  the  United  States  to  the  British  North  American  Provinces;  (2)ofiner. ! 

chandise  sent  iu  bond  from  one  of  our  ports  to  another  over  territory  of  the  Britigji  j 

North  American  Provinces ;  or  (3)  sent  in  bond  through  any  of  those  Provinces  to  the  | 

United  States,"  I  have  the  honor  to  report : 

(1)  That  the  statistics,  compiled  for  the  last  fiscal  year,  show  the  transit 
of  dutiable  uiorchaudise  to  British  North  American  Provinces  amount- 
ing in  viiluo  to $18,556,:63| 

And  also  of  non-dutirble  merchandise  amounting  to 1,684,; 

Making  a  total  ot 20,241,W9J 

This  represents  merchandise  arriving  at  United  States  seaports  en  route  to  Cana<li,l 
and  also  merchandise  arriving  at  frontier  ports  for  shipment  across  the  territory  of] 
the  United  States  to  other  frontier  ports.  '    j 

The  report  of  the  Bureau  of  Statistics  shows  $20,241,079  worth  of  "  transit" mer- 1 
chandise  shipped  (o  British  American  Provinces,  and  besides  $10,861,020  worth  of! 
"  in  tran.s:t "  merchandise  received /rom  the  British  American  Provinces.  What  proj 
portion  of  the  latter  amount  was  simply  transported  across  United  States  territorytoj 
another  Canadian  port  does  not  appear.  It  is  probable,  though,  that  t^e  greater] 
portion  of  it  was  transported  to  our  seaports  for  shipment  to  foreign  connfflos. 

In  reply  to  your  second  and  third  questions,  I  have  to  state  that  in  the  absence  on 
any  data  to  be  found  in  the  records  of  the  Department  the  annexed  telegram  was sentj 
to  the  collectors  at  the  various  frontier  ports  therein  named,  and  from  their  replies!^ 
appears  that  no  suflBcient  records  of  such  matters  have  been  kept  to  enable  them  t(^ 
give  satisfactory  reports  in  all  cases. 

The  collectors  at  Portland  and  Susjiension  Bridge  alone  give  any  values  in  responsi 
to  the  second  interrogatory  (viz, f  960,284  at  Portland,  and  $1,414  at  Suspension  BridgeJ 
while  the  collectors  at  Suspension  Bridge  and  Burlington  are  the  only  ones  failing tw 
report  as  to  the  third  question,  the  others  reporting  as  follows: 

Plattsburg -     $3",49| 

Portland 1.8 

Detroit 1*5,( 

Bufialo 41 

Port  Huron I.IW," 

Total l,408,i 

I  may  state,  however,  in  explanation  of  the  incompleteness  of  these  reports,  tba 
under  the  regulations  of  the  Department,  merchandise  of  domestic  origin,  andirf 
portecl  merchandise  in  bond  in  transit  from  one  port  in  the  United  States  to  moAt 
by  bonded  roufes  through  the  Dominion  of  Canada,  are  allowed  to  go  forwara  ( 
sealed  cars  without  special  bond  or  any  record  of  values  being  kept,  and  on  arriTl 
at  the  second  port,  if  the  se.Js  are  found  intact  and  the  provisions  of  tho  rcgnlatioj 
in  other  respects  have  been  duly  complied  with,  are  permitted  to  go  forward  totir 
destination  without,  hiirdcraucc,  no  record  of  values  being  deemed  necessary  at tW 
port  or  any  further  formality  than  the  due  inspection  of  the  seals  and  compansonj 
tho  conteiifs  of  the  cars  with  the  manifests.  j 

Respecting  merchandise  covered  by  your  third  inquiry,  that  is,  sent  in  bondturoiil 
aay  of  tho  British  Provinces  to  the  United  States,  it  would  appear  that  the  ctistoj 
officials  at  tho  frontier  ports  can  have  but  little  means  of  ascertaining  how  them* 


AMERICAN   FISHERIES. 


5G7 


fkandiso  passed  tlirough  tbo  foreign  territory;  their  duties  commencing  witli  the  ar- 
ivalof  the  i^oods  at  their  several  ports.     I  suggest,  therefore,  that  l.heir  telegraphic 
renlies  made  at  such  short  notice,  be  acrepte«l  with  caution,  although  no  leason  is 
known' at  this  time  for  dot  '  ting  their  accuracy. 
Very  respectfully, 

^  J.  G.  MACGREGOR, 

Chief  Customs  Division. 

The  SECRETARY  OF  THE  THEAStJUY. 


No.  5. 


Treasury  Department,  Bureau  of  Statistics, 

Ifashingion.  I>.  C,  January!,  1887. 
fHon.  Daniel  MANNiro, 

Secretary  of  th(  Treasury. 

Sir  ;  In  reply  to  yours  of  the  28th  ultimo,  I  hava  the  honor  to  forward  to  yon  tables 

1  (howin"  the  quantities  and  values  of  forcign-canght  fish  imported  into  the  United 

i  States  ?rom  the  British  North  American  Possessions,  other  than  British  Colombia : 

aleo  showing  the  quantities  and  values  of  the  flsh  brought  into  each  port  of  the  United 

i  States  in  Aiuercau  and  foreign  vessels,  respectively. 

Table  No.  1  shows  such  imports  of  fish  in  American  vessels  and  in  foreign  vessels, 
I  respectively. 

;  Tabic  No.  2  shows  the  aggregate  imports  of  each  kind  of  fish  brought  by  all  means 
I  of  traDRportatiou,  to-wit :  in  American  \  ossels,  in  foreign  vessels,  and  in  cars. 
From  these  tables  it;  appears  that  the  value  ol  fish  imported  into  the  United  States 
from  the  British  North  American  pos-sessions,  other  than  British  Colombia,  was  aa 
I  follows: 

In  foreign  vessels :  '    r     '  ■  .-.    ;       .    ■; ,, 

I Intouorlheru  'lorder  districts $89,654 

I  Into  Atlantic  districts 1, 093, 820 

Total  in  foreign  veSsols 1, 183,474 

la  American  vessels: 

I  Into  northern  border  districts 1 .15, 481 

[Into Atlantic  districts ;Vi3,210 

Total  in  American  vessels 508,691 

I Totalia  American  and  foreign  vessels l,69iJ,  i65 

[Brcnghtiacars 482,577 

Grand  total 2,174,742 

Very  respectfully, 

WM   F.  SWITZLER, 
■/>;   1.  Chief  of  Bureau. 


.■   ■* 


5(38 


AMERICAN  fisheries- 


No.  1. — Statement  showing  the  quantitieH  and  values  of  fixh  imported  info  tlir  Uniied  Stafn 

and  A  III (Ti can  reKKcln,  mjuciiiely, 
IIMPORTED  IN  FOKEIGN  VESSELS. 


FUKB 

OP  DUTY. 

1 
1 

1 

Customa  districts. 

Fresh. 

Lob. 

stei-M, 

All 

! 

Tol.1 

Salmon. 

All  other. 

or  1)10.    ""'"• 
servcil. 

free  of 
tlnty,  1 

[ 

ROBTHBIIX  BOnOKK  DISTIllCTS. 
Cane  Vincunt.  N.  T 

Poundt. 

Dollars. 

Ponndii. 
1, 073, 4U0 

1 

Dollam. '  Dnllam.  DoUari. 
42,006 

i 

nhimiro  III                           .   ... 



4.',  %, 

Dfitroif  Mich 

19,715 
5'tU,  000 
140, 055 
118,995 

280 

T)iilnth   Minn 

1  352 

» 

Genesee.  N.  Y. . . , 

5,9.")0 '..'  '!!."."!.■" 

2,08»:      1.C5U 

1,3JJ 

Miami, Ohio 

M^iflliifran  Mich............ 

230,  508 

5,298 

■ 

03wo*^iit(;lii(\  N.  Y 

Oaweiio.  N.  Y 

5(10 
118,500 

20 
2, 900 

;.9i«) 

Total 

f 

1,  741, 603 

61.750       1  U.IO 

ATLANTIC  DISTRICTS. 

BaltimoTP,  M<1 

BarnstaWc,  MaBs 



C(»Bton  and  Charlestown,  Mass 

44, 555 

0  930       IU3.  nil 

10  0891    '>!!  Klin    ')n  iTo 

Qlonroster.  MasH ............' 

^98,0(10 
1, 200 

2,C14 
50 

) 

■:,6iil 

MarWoliead,  Mass 

■* 

Newbnrviiort,  Mags 

Hew  Yoi'lf.  N.  Y    

ioo 

733, 942 

io 

7n:i'nnh 

10,' 232 
14,028 

"oi,oii"2,'jr 

14,147       :',7J4 

T^aAfinnifi<ino(U1v   Mtj. ^....a......... 

72, 59u'      fi<>n  .i.',4 

Kli  Jl!!  1 

Pliiladelpliia,  I'a 

97,847,     3,801 

101  fki 

Portaiuciith.  N.  H 

40, 000 

480 

4i(^l 



1 

1 

Waldoboro'   Mo          

3,518 

103 

i     1  n.i!i 

1  i:iii 

2U0 

'.'itil 

Total 

778. 597 

79,538]  2,705,182 

45,  390 

20J,814     31),  sen;  367,25. 

778, 597 

79,  530i  A.5:tfi  fU.I 

107, 152 

204,404     39.506i430,6S 

i 

' 

;:      ;        ,        •           '           IMPORTED  IN  AMERICAN  VESSELS. 

NOKTHKHS  BORDEB  DISTRICTS. 
Chicniro  111  

f iiivalioti'fti  Ohio ..,.. 

109,  821 

1, 817, 366 

240, 730 

78, 600 

43, 680 

20,  500 

992,881 

2,110,000 

1,841 
48, 130 
0,766 
1,808 
1  473 

I  f\ 

DfiVroifc  Mich 

48  \jM 

Dnlnth.  Minn 

D;fi9 



i,mI 

Oawe^iatrhie,  N.  Y 

OftWftiro  N.  Y 

t  JTM 

1  407 

lllffl 

24, 025 
19,  392 





24,H-V 

ig^xfl 

Total 

5,485,584 

104,962; :  iJW-^ 

ATLANTIC  DISTRICTS. 

Baltimore,  Mil 

Boston  and  Charlestown,  Mass 

frloiii^fstcr  Mass  ............   ......  .... 

'  '76,'466 

""6,'963 

• 

" '205,"  474 
115, 000 

'  6,8.31 
5,818 

1 

'li3,580   "21,'603 
1 

i4f,9l! 
5,tt 

MachiiiH.  Mo.........................   ... 

::. .. 

1 

Now  York.  N.  Y   

75, 000 

70,150 

80, 022 

100, 000 

]   ioo'     10.557 

17, 6^ 

1, 127 
?  13'{ 

iM 

PaRflaninnuoiUlv'..  Mo  ................   ... 

104, 848 

10,  370 

9.  k\\        393 

mm 

Fbiladelptiia,  Pa 

■755|...:::::| "m 

1 

Total 

181,248 

17,273       742,246 

17,763j  13^158 

21,990 

AfiroreEratB    

181,248|    17,2/3|  0,227,830 

122,725 

132,158    21,990 

Total  foreign  and  American  vessels. . 

959,  845 

90, 809  10,  704, 675 

229, 877 

336, 622 

61,602 

""i5,'ooo 

D 

Si'ooo 

::::;::: ;:: 

21,0001 


»0,400 
itll«7,632 

672 

lie 

»I8 

I,K1,245 

680,100 

131 
12 

.... 

3.'2 

36,680 

1,( 

..  .  . 

.... 

30 

AMERICAN   FISHERIES. 


569 


Vnilcd  SkUi 
8,  respcciireli/, 


frtm  tht  British  North  American  Posaeasions,  other  than  Brilith  Columbia,  in  Foreign 

itring  the  year  ending  June  30,  1886. 


IMPORTED  IN  FOREIGN  VESSELS. 


All 
other. 


Total 
fi  te  lit 
iliitj. 


.  Dnliari.  JhUan, 
.1 1  HM 


4,ra 


'"'5,'';m 

.■■"'.  -  j » 

'   :,9w) 

oO    .|    W,<«0 

1 

00     !i9,472 

•;6H 

'A 

ail  "2,':4" 

147       a,7J4 

u;,).' 

847      3,801 

101,  CM 

'."..       i,03J 
20C 

i.i;»: 

814    39,50(1',  3CT,25»' 
4C4"~39,50«;4aO,C;j 


DUTIABLB. 


Cod,  hadflock, 
hjkftand  pollock, . 
dried,  sraoketl, 
or  pickled. 


Herring. 


Dried  or 
Btnokod. 


fmtidi, 


j 
DoUari.,  Foundt. 


15,000 


6,000 


563  . 


180 


21,000         743 


8)6,400 
S,«i7,632 


C72 


65, 560 
2,151 


DolU. 


Pickled  or 
salted. 


Miiokerol, 
pirkled. 


£bls. 


86 
110 


1,457     1,436 
98 


67, 711     1, 655 


848 

5,063 
110,769  2,361,715   50,332 


948 
i,eU45 

e»,ioo 


322 

m 


20 

131,030 

12,602 


29 


300 


17 


1,649 


610 


23, 108 


310,623     6.659   10,207 
1,950,779  23,939        683 


400 


m,  155]  269, 022  4, 630, 065;  79, 848 


Iit69,135 


269,765  4,697,776  81,401 


1,015 


36,232 


37,881 


DoUs. 


BUl. 


359        412 
648 


8,076 


70 


4,053 


1,£ 


79, 334 


20,276 
1,539 


6,102 


455 


867 


DolU. 


8,934 
"2,'389 


Salnuon, 
piokled. 


BhU.  [  DoUt. 


6, 323 


10 


20, 415 


3 

12,  542 

1,044 

45 


2,485 


60 


123,397 


15 

64,228 

8,085 

225 


3,700 


114,240  36,544189,700 


119,193   37,411196,023   3,625   38, 


15!        134 


1,380  18,340 


2,149 
81 


3,625 


21, 681 
933 


38,988 


All 
other. 


Total 
duti- 
able. 


DoOi.  DoUi. 
666        666 
4,  8.'>6 
682 
212 


•  34 
212 


10,603  18,606 
98 
25 
90 


1,114  1,114 


12, 674 


26,248 


2,179 
5,063 
9,  012  390, 084 


6 
21  56 
14, 043  253,  317 
10.750  57,757 
225 
5,102 
4 
3,700 
3 
66 


37 


84,772  720.668 


47,446  752,816 


Akkto- 
gate. 


Dollart. 

43,  K)3 

4,858 

868 

1,564 

5,050 

23,239 

08 

6,333 

90 

20 

4,014 


^9,654 


2.170 

5,063 

479, 290 

2,614 

50 

6 

66 

329, 813 

162,.  17ft 

225 

100, 753 

484 

3,  700 

1,189 

266 


1,093,820 


1, 183, 474 


l,i 
1,4;] 

!   24,0.'if 
:    19,3 


i  104.8 


58o"2i;m,'wf.j}| 


S5'i 


021 


158 


"  .    l'.«l 
■393    1*.' 


21,996:jS9^ 

W8j^2'53, 
^2Tl,"i'21^ 


IMPORTED  IN  AMERICAN  VESSELS. 

30,680 

1,038 

1,265 

."5. 9.5S 

216 

930 

45 

7,271 

7,271 
1,841 

.....-■ 

4oi    i,  i62 

32, 979 
145 
665 

34, 141 

145 

665 

2 

82  271 

0,911 
2,533 
1  475 

30 

2 

1,467 
24  314 

1 

« 

289 
6  238 

280 
H  nn(! 

_ 

54,5, 260 

2,708 



•)7  308 



'A'w 

1,040 

545,200 

2,708 

1,660 

0,420 

216        930 

1  39,3(il    50,519 

155, 481 

1,088 

2,609 

236 

3,299 

8,056 

057 

"i,'075 

"39» 

"4,' 283 

5  oon 

3,299 

2;)9, 088 

42, 854 

136,103 
1129,093 

4,058 

74,710 
55,  ObO 

002 
1, 271 

"i6,'595  63,469 

i6,'659 

90, 709 

37, 03(i 

13 

0,719 
10.  5,53 

9,031 

1.232          13 

26    '""80 

13 

1*1, 232      f,.5<H 

270 

24, 376 

«3.4;0    10,  .553 

17.680 

113,342     2,OS4 

325, 129 

3,080 

113 

257 

174     1. 348 

14 

156 

1,798 

24,  .547 
755 

i429,47l 



1 

03,080 

453,  819 

6,162 

4, 37a 

13,  044 

10,  789,  64, 837 

412j     4,44U|  11,8.57  104.020 

:)53,  210 

it»,lK    64,120 

1, 001, 079 

8,930 

6, 042 

20,064 

ll.OOJJ  65.767 

412|    4,440   51,218  214,539 

508,  691 

,435,43- 

333,885 

5, 098, 855 

1 

90,331 

43, 923 

139. 257 

48,410  201,790 

4.037i  43,428  08,664967,3551,602,165 

570 


AMERICAN   FISHERIES. 


No.  2. — Statement  ihowlng  the  quantitUe  and  valuea  of  foreign  Jlah  imported  into  the  UMUi 

'A*  year  tndinf 


-, . 

rBu  or  ui'TT. 

1             III 

dutoms  dlatclota. 

Fresh  fish. 

Lob- 
•ters, 
canned 
or  pre- 
served. 

AU 
other. 

" 

Salmon. 

All  other. 

NOBTHBRN  BOBOBB  DIBTBICT8. 

ArooRtook,  Mo 

Pound*. 
1,711 

DolU. 

177 

Poundi. 

24, 800 

3, 903,  633 

1, 063, 400 

820, 781 

DoUt. 

178 

128, 879 

42,960 

18,127 

Dottt. 

DoUt. 

Dofii. 

1 

Boflhlo  Creek,  N.T.'. 

128,3:8 

*i.m 

4Q,2iS 
l,ffl7 
l,8«l! 

M,l»l; 
8,11^ 
5,9J(|i 

8,  on: 

5,298,' 
16,404, 
5,914 

iia 

19  ?>1 

Cnpo  Vincent,  N.  7....... ..... 

Chaniplain,  N.  Y 

Chicairo  111    

276,871 

28, 128 

1,887 
180 

C^iivalio^fi  Ohio        ..  ............... 

19,800 

io8 

150,011 
1,  902,  089 

1,643 
fi^  nn 

Detroit,  Mich 

Snlutb.  Mich 

270,728'      H.118 

Genesee.  N.  Y  ....................... 

147,205 

252,018 

2,161 

230, 608 

440, 083 

147,850 

43,686 

30,005 

2,115,999 

1,111,081 

127,411 

6,950 

8,427 

08 

6,208 

16,404 

6,014 

1,473 

1,487 

19, 391 

20, 924 

10,335 

Hnron  Mich  ......................... 

1,650 

Miami,  Obio 

Michigan,  Mich 

Minnesota.  Minn................. .... 

Niagara,  N.Y 

Oswetrtitchie.  N.  Y ................... 

Oswego  NY 

Superior,  Mich  ...«.•....•...•.....•. 

26,9241 
11  292 

Vorniout,  Vt.....  ••......  •••......... 

7,016 

800 

67 

Total 

805, 308 

20,893 

12,808,410 

353, 123 

8,784 

886,300 

ATLANTIC  DI8TBICT8. 

Baogor,  Me -. 

157,476 

18,687 

3, 583, 540 

108, 660 

226 

167 

127,610 

Damntiihle.  Masa  ...... ..>... 

Belfast,  Me 

200 
51,075 

200 

Boston  and  C  harleRtown,  Maaa 

120,056 

13,839 

1,238,485 

915, 050 

1,200 

23,820 

0, 241 

60 

140,889 

229, 12J  1 
9,241J  1 

Machias,  Mo ...................... 

50.1 

Marbleheatl   Mass  ............. .. 

1 

1 

NewlmrvBort  Moaa         -     ..... 

1 

New  York,  N.  Y 

100 
838,790 

10 
82,960 

778,099 

692, 976 

100, 000 

70,150 

ii,332 

17,060 

755 

M27 

80,6G8 
16, 168 

2,243 
3,147 

94,153 

1 

PasRaniaqiKiddv, Mo  ...•......•.•...■ 

119,3351 

PhilaiU'lpliia   Ta 

ll)2,77sl 

97,847      3,804 

Portsmouth*  N.  H 

40, 000           480 

4« 

flainttTohn'R  Fla 

■Waldoboro',  Me 

3,518 

103 

1,033 

1.13J 

Total 

1,117,322 

115,390 

7,423,018   172,028 

335,198,    61,609 

6M,^ 

Aeicreeate 

1, 422, 720 

144, 789 

19, 731, 437 

525,751 

338,982    61.669 

1,071,19J 

1 

AMERICAN   FISHERIES. 


571 


into  Ihe  VnUd 
the  {/Mr  «iuiiii| 


Slattifrom  the  Britinh  North  An^rican  Poaaeasions,  other  than  Britiah  Columbia,  during 


All 
other. 


ToUl 
free  of 
dntj. 


DoUt. 


DOi.  I 

SSSI 
128, 3:» 
4'>,t6e. 

40, 2U 
1,887 
1,611 

55,191 

8,  UK 

5,9J(> 
8,0rfi 

>^ 
5,298! 
16,404 
5,911 
1,47* 
l,487i 
19,?J1 
26,9'24 
11,292 


Cod,ha< 

DUTUDLB. 

Aggre. 
gate. 

Iduok, 
nnllnck. 

Herring. 

Mackerel, 
pickled. 

Saliyou, 
pickled. 

All 
otlier. 

TotJil 
duti- 
able. 

clriwl,  smoked, 
or  pirkled. 

Dried 
or  amuked. 

Pickled  or 
salted. 

Poundi. 
2,400 

DolU. 
113 

1 

PounJ*.  DolU. 
1, 600.        30 

libU. 
110 

DolU. 

355 

BbU. 
1 

DolU. 

BbU. 

DolU. 

DolU. 

30 

0,910 

6U1 

601 

1,880 

DolU. 

540 

9,910 

666 

780 

40, 803 

DolU. 
895 

138, 289 

1 

44 

5 

177 

31,511 

. 

43,  632 

2 

12 

47,035 

00,057 

1,405 

8,473 

738 

0,441 

42, 690 

1,841 

522 

1,  702 

30,  657 
857 

38, 443 
357 

93,640 



8,475 

5,9.50 

0,000 

""  i«6 

SOS 

1,048 

60 

178 

15,092 

17,696 

25,772 
98 

1 

25 

24, 258 

001 

25 

24,265 

661 

•-2 

5,323 

170 

■■; 

39,669 
7,575 

240 

18 

18 

74 

1,565 

1,487 

368 

762 

7,245 

1,403 

764 

8,007 
1,408 
5,166 

27, 398 

28,827 

20U 

■■■■l6 

23,500 

418 

15 

68 

53 

186 

880 

3,714 

16, 458 

9,010,  ^      334 

85,247 

1,913 

10,062{    36,302 

842 

6,814 

891 

8, 720 

00,640 

148,  810 

635, 119 

341, 748 
208, 626 

5,294 
3,013 

10 
3,045 

50 
80,  952 

15 
104 

134 

1,418 

"'9,'437 

5,478 

45, 4o2 

C,  063 

6,478 

173, 092 

5,003 

?oo 

048,          15 
216,400      5,063 

4 

17 

5,223,735 
2,241,460 

123,827 

36,227 

19 

2,430,425 

51,234 

25, 777 

87,390 

32, 012 

200, 307 

1,778 

20, 025 

19,  971 

500,  354 
36,  227 

in 

0 
4 

50 

260, 036 

67,  388 

225 

21,655 

4 

8,700 

35 

27 

3 

738.477 
45,468 

1,004 

09 

2 

e 

6 

4 

66 
14,063 
12,  567 

4 

56 

4117,477 
793,442 

137, 194 
14,586 

316, 523 
2,275,008 

400 

5,550 
27, 028 

4 

10,477 

796 

45 

1,615 

■  27,831 

1,796 

225 

5,102 

12,562 
1,218 

54, 308 
9,433 

2,149 
95 

21,581 
1,088 

3.i4  189 

186,  723 

980 

803,470 

124, 433 

4U 

2,485 

.' 

3,700 

3,700 
85 

838          29 

...... 

0 

27 

8 

1 

27 





1, 139 

13,489,372 

333,513 

5,579,030 

93, 632 

41,201 

125,  587 

50,047 

301, 050 

4,141 

44,840 

66,124 

954, 732 

1, 630, 023 

13,198,382 

333,847 

5,664,877  95,545 

51, 263 

161,959 

50, 889 

307,864 

4,532 

48,672 

155,764 

1,  lOJ,  551'2, 174, 742 

laiABURT  Dkpabtmkst,  Bubbau  of  Statistics, 

JanvMvy  7, 1886. 


WILLIAM  F.  SWITZLER, 

Ohu^  of  BureaH. 


Senate  Beport  Do.  1683,  Forty-ninth  Congpu,  second  sesiion. 

REPORT  OF  THi:  ClOMMITTi:!-:  ON  roiiKKlN  lilCLATIOXS  |.N 
RELATION  TO  THE  KKHITS  AND  INTKItHSTS  OF  AMKM. 
CAN  FISIIERIFS  AND  FISIIEIIMHN. 


Januauy  19,  1H87.— Onlorcd  to  1»«  iirliitcd. 


Mr.  Edmunds,  from  the  Committee  on  Foreign  Relations,  submitted 


tlio  following 


REPORT: 

[To  accompany  bill  8.  3173.] 

The  Committee  ou  Foreign  Relations  was  at  the  last  session  of  the 
Senate  instructed  to  make  Inquiry  into  the  matter  of  the  rights  and 
interests  of  the  American  fisheries  and  fishermen  by  resolution  in  the 
following  words : 

Eesolvtd,  That  the  Coramittoo  ou  Foreiga  Relations  bo,  and  it  hereby  is,  instructed  ] 
to  inquiru  into  tho  rights  of  American  iishiug  vessels  and  merchant  vohsuIs  within 
the  North  American  possosaions  of  the  Queen  of  Great  Britain,  and  whether  any 
rights  of  such  vessels  have  been  violated,  and  if  so,  to  what  e-tout;  that  said  com- 
mittee report  upon  the  subject,  and  report  whether  any  and  what  stops  are  necessary 
to  bo  taken  by  CongreBS  to  insure  the  protection  and  vindication  of  tho  rights  of  citi- : 
zena  of  tho  United  States  in  tho  premises ;  that  said  committee  have  power  to  send  \ 
for  persons  and  papers,  to  employ  a  stenographer,  and  to  sit  during  the  recess  of  the 
Senate,  either  as  a  full  committee  or  by  any  Bubcommittee  thereof,  and  that  any  such 
subcommittee  shall  for  the  purposes  of  such  investigation  bo  a  couiniitteo  of  the  j 
Senate  to  all  intents  dud  purposes. 

lieaolved,  That  thn  necessary  expenses  of  said  committee  in  said  investigation  be  j 
paid  out  of  the  appropriation  for  the  miscellaneous  items  of  the  contingent  fund  of  j 
the  Senate,  ujion  vouchers  to  be  approved  by  tho  chairman  thereof. 

Pursuant  to  this  authority  the  committee  has  proceeded  to  raaicetliej 
inquiries  directed  by  the  Senate,  so  far  as  it  was  practicable  to  do  dur- ' 
ing  the  vacation,  and  has  taken  a  considerable  amount  of  testimony  1 
which  the  committee  believes  to  be  of  much  value  and  importance  to  a  j 
proper  understanding  of  the  dififlcnlties  that  have  arisen  between  citi- 
zens of  the  United  States  and  the  authority  of  Her  Majesty's  dominicns  j 
in  North  America,  and.which  also,  as  the  committee  thinks,  bears  upon; 
other  questions  of  public  policy  that  can  be  readily  understood  by] 
those  reading  this  testimony. 

The  questions  touching  the  right  of  our  citizens  engaged  either  in  tiiej 
operations  of  fishing  or  commerce  in  the  North  American  waters  con- 
tiguous to  Her  Majesty's  dominions  depend,  of  course,  not  only  upon  I 
public  law,  but  upon  the  conventional  arrangements  that  have  iiitherto  j 
been  entered  into  between  the  United  States  and  her  Britannic  Majesty's] 
Government. 

Without  going  into  a  general  review  of  the  discussions  that  Lave  inj 
former  years  taken  place  concerning  those  matters,  it  is,  as  the  commit- 1 
tee  thinks,  sufQcient  to  now  treat  these  questions  as  they  areaflectedj 
by  the  principles  of  pubfic  law  and  by  the  i^resently  existing  treaty  be-j 
tween  the  United  States  and  Great  Britain  bearing  upon  the  subject. 

572 


AMERICAN   FISHERY   INTERESTS. 


nT.'j 


This  treaty  was  concUuletl  in  the  year  1818.  To  uudorHtaiul  its  just 
and  true  application  it  is  porliaps  proper  to  refer,  by  way  of  indncoment, 
totbe  state  of  things  tberotoforo  existing. 

The  treaty  of  peace  concluded  at  the  end  of  the  Revolutionary  war, 
ivMcli  acknowledged  tlio  independence  of  the  United  States,  provided 
iQ  its  third  article  that  the  people  of  the  United  States — 

shall  fontinuo  to  enjoy  nnmolestc  '  the  right  to  tako  flwh  of  every  kind  on  the  Grand 
Bank,  anil  on  iiU  t'lo  other  banks  of  Now  found  land  ;  also  in  tbo  Oiilf  of  Saint  Law- 
rencel  ftiid  at  nil  other  placeH  in  tlio  Hoa  where  the  inhabitants  of  both  countries  used 
atanv  timi!  liiTotoforo  (o  ilsh.  And  also  that  the  Inhabitants  of  the  United  States 
Khali  liavolili'Tty  to  lake  fish  of  every  kind  on  ench  idrfc  of  the  eoast  nf  Newfound- 
hind  an  liritisli  lishormon  shall  use,  but  not  tc  dry  or  euro  the  same  on  that  island,  and 
also  on  tlio  coasts,  l)ays,  and  ereeks  of  all  other  of  his  Bri  tannic  Majesty's  dominions 
inAnitTicii;  and  that  tho  American  llshcrmen  shall  have  liberty  to<lry  aiid  euro  (ish  in 
anvoftlio  UMNottled  bays,  harbors,  and  creeks  of  Nova  Scotia,  Magdalen  Islands,  and 
Lahrailor,  HO  long  as  tho  same  shall  reniain  nnsottlo<l;  but  so  eoon  ns  tho  samo,  or 
fitber  of  tbeni,  shall  bo  settled,  It  shall  not  bo  lawful  for  tho  said  fishermeu  to  dry 
(Tcnrft  tisli  at  Huch  settlement,  without  a  iirevious  agreement  for  that  purpose  witti 
the  iuliubitivuts,  proprietors,  or  possessors  of  tho  ground. 

This  article,  it  will  bo  observed,  recognized  an  existing  right  and 
practice  in  respect  of  American  lisliernien  exercising  their  calling  not 
only  at  sea  on  the  banks  of  Newfoundland,  but  in  all  places  in  the  sea 
within  what  would  be  strictly  British  waters.  And  it  will  be  observed 
also  that  this  treaty  said  nothing  on  tho  sub jec-fc  of  commercial  inter- 
course between  tho  people  of  tho  United  States  and  those  of  the  British 
provinces. 

Tho  next  treaty  was  that  of  1794,  by  the  third  article  of  which  it  was 
provided  as  follows : 

Itisagreed  that  itshall  at  all  times  bo  free  to  His  Majesty's  subjects  and  to  the  citi- 
ifiisoftho  United  States  and  also  to  tho  Indians  dwelling  on  eithersidoof  saidbound- 
jrylino[l)eingtho  land  boundary  lino  bot.veen  tho  United  States  and  tho  iJritish 
Provinces  of  North  America]  freely  to  pasa  and  repass  by  land  or  inland  navigation, 

I  into  tiio  respective  countries  of  tlio  two  parties,  on  tho  continent  of  America  (tho 
country  within  tho  limits  of  tho  Hudson  Bay  Company  only  excepted),  and  to  nav- 
i^te  all  tho  lakes,  rivers,  and  waters  thereof,  and  freely  to  carry  on  trade  aiid 
tommeico  with  each  other.  But  it  is  understood  that  this  article  does  not  extend  to 
the  almisHiou  of  vessels  of  tho  United  States  into  the  sea-ports,  harbors,  bays,  or 
creeks  of  His  MiijcNty's  said  territories  ;  nor  into  such  parts  of  tho  rivers  in  His  Ma- 
jesty's said  tenitories  as  are  between  tho  mouth  thor«.of,  and  tho  higlicst  port  of  entry 

Ifromthe  sea,  CAcept  in  small  vessels  trading  bona  fide  between  Montreal  and  Que- 
Iw,  tiuder  such  regulations  as  shall  be  established  to  prevent  tho  possibility  of  any 
frauds  in  this  icspect;  nor  to  tho  admission  of  British  vessoh  from  tho  sea  into  the 
tiversof  tbo  United  States,  beyond  the  highest  ports  of  entry  for  foreign  vessels  from 

I  tie  sea. 

A  later  article  in  the  treaty  of  1794  (Article  XII)  provided  that  for  a 
I  limited  period,  named  in  the  treaty,  citizens  of  the  United  States 
might  engage  in  carrying  trade  to  any  of  His  Majesty's  islands  and 
mrts  in  the  West  Indies  under  certain  conditions  named.    A  later  ar- 
ticle (Article  XIII)  provided  that  vessels  belonging  to  citizens  of  the 
United  States  should  be  admit.ted  into  all  the  seaports  and  harbors  of 
the  British  territories  in  the  East  Indies,  &c.    A  later  article  (Article 
XIV)  provided  that  there  should  be  between  the  dominions  of  His 
[Majesty  iu  Europe  and  the  territories  of  the  United  States  a  reciprocal 
I  perfect  liberty  of  commerce  and  navigation,  &c.    Another  article 
[(Article  XIII)  provided  for  admitting  American  vessels  in  distress  into 
allof  HiS  Majesty's  ports  on  manifesting  its  necessity  to  the  satisfaction 
I  of  the  government  of  the  place. 

I  So  far  as  the  present  question  is  concerned  the  foregoing  represents 
juiegtatecf  the  treaty  arrangements  between  the  United  States  and 
j  Great  Britain  down  to  the  close  of  the  war  of  181?.    By  the  treaty  of 

I  "     ii   '         "-  'i    "    ■■  '    'i  •  . 


i#Si' 


(:,.*     H 


w-m\ 


:.74 


AMERICAN   FISHERY   INTERESTS. 


1816,  following  the  treaty  of  peace  of  1814,  it  was  provided  in  Article  I 
that  there  should  be  between  the  territories  of  the  United  States  and  all 
the  territories  ot  his  Britannic  Majesty  in  Europe  reciprocal  liberty  of 
coniinerce,  &c. 

In  a  later  article  of  the  same  treaty  {Article  II)  it  was  provMled  that 
the  intercourse  between  the  United  States  and  His  Majesty's  posses- 
sions in  the  West  Indies  and  on  the  continentof  North  America  should 
not  be  affected  by  any  of  the  provisions  of  that  article,  but  that  each 
party  should  remain  in  complete  possession  of  its  rights  with  respect 
of  such  intercourse. 

No  other  article  of  the  treaty  touched  the  question  of  intercourse  be- 
tween the  Unittd  States  and  His  Majesty's  dominions  in  North  America. 

The  next  treaty  bearing  upon  the  present  question  war  that  of  1818, 
which  is  now  understood  to  regulate,  so  far  as  it  goes,  fishing  interests 
of  whatever  kind  of  the  citizens  of  the  United  States  in  the  territorial 
waters  of  the  British  dominions  in  North  America. 

All  of  this  treaty  that  bears  directly  upon  the  present  subject  is  con- 
tained in  Article  I,  which  is  in  the  following  words : 

Whereas  difforences  liavo  arisen  respecting  tlio  liberty,  claimed  liy  the  United  j 
States,  for  tbo  inbabitants  thereof,  to  take,  dry  and  cure  fish  on  certain  coasts,  bays, ; 
harbors  and  creeks  ct  his  Britannic  Majesty's  dominions  in  America,  it  is  agreed  be- 1 
tween  the  high  cont.  acting  parties  that  the  inhabitants  of  the  said  United  Stata  j 
shall  have  forever,  in  common  with  the  subjects  of  his  Britannic  Majesty,  tlio  libertj 
to  take  fish  of  every  kind  on  that  part  of  the  southern  coast  of  Newfouudland  which  J 
extends  from  Cape  Ra v  to  the  Ranieau  Islands ;  on  the  •western  and  northern  coastof  j 
Newfoundland  from  the  said  Cape  Ray  to  the  Quirpon  Islands,  on  the  shores  of  tlie  j 
Magdalen  Islands,  and  also  on  the  coasts,  bays,  harbors,  and  creeks,  from  Mount  JoIt,! 
on  the  southern  coastof  Labrador,  to  and  through  the  Straits  of  Belle  Me,  andj 
thence  northwardly  indefinitely  along  the  coast,  without  prejudice,  however,  to  any! 
of  the  exclusive  rights  of  the  Hudson  Bay  Company:     And  that  the  American  fish-l 
ermen  shall  also  have  liberty  forever  io  dry  and  cure  fish  in  any  of  the  unsettled 
bays,  harbors,  and  creeks,  of  the  southern  part  of  the  coast  of  NewfounCland,  above  j 
described,  andof  the  coast  of  Labrador;  but  so  soon  as  the  same,  o;  any  portion  tbere- i 
of,  shall  be  settled,  it  shall  not  be  lawful  for  the  said  fishermen  to  dry  or  cure  fish  at  such  j 
portion  so  settled  without  previous  agreement  for  such  purpose  with  the  inhabitants,  j 
proprietors,  or  possessors  of  the  ground.    And  the  Unit  ed  States  hereby  renounce  for-  j 
ever  any  liberty  heretofore  enjoyed  or  claimed  by  the  inhabitants  thereof  to  tal£e,dry,  j 
or  cure  fish  on  or  within  three  marine  miles  of  any  of  the  coasts,  bays,  creeks,  or  j 
harbors  of  his  Britannic  Majesty's  dominions  in  America  not  included  within  tliej 
above-mentioned  limits :  Provided,  however,  That  the  American  fishermen  shall  be  ad- 
mitted to  enter  such  bays  or  harbox-a  for  the  purpose  of  shelter  andof  repairing  dam- i 
ages  therein,  of  purchasing  wood,  and  of  obtaining  wat<^r,  and  for  no  other  purpoMi 
■whatever.    But  they  sha?!  be  under  such  restrictions  as  may  be  necessary  to  preventl 
their  taking,  drying  or  curing  fish  therein,  or  in  an^  other  manner  whatever  abus!ng| 
the  privileges  hereby  reserved  to  them. 

This  article  sets  out  with  stating  ♦he  precise  subject  with  which  ithaS 
to  deal,  vizr  that  differences  have  arisen  respecting  the  liberty  claimed 
by  the  United  States  for  the  inhabitants  thereof,  to  take,  dry  and  curej 
fish  on  certain  coasts,  bays,  harbors,  and  creeks  of  his  Britanniif 
Majesty's  dominions  in  America. 

Thus  it  will  be  seen  that  the  matter  to  be  dealt  with  was  a  claim  iri 
favor  of  the  inhabitants  of  the  United  States  to  do  certain  things  witbia 
the  territorial  dominion  of  His  Majesty,  and  not  a  matter  touching  ttj 
right  of  the  inhabitants  of  the  United  States  to  cruise,  fish,  or  doaaj 
other  thing  in  waters  that  by  the  public  law  of  nations  did  not  belong  W 
the  territorial  jurisdiction  of  His  Majesty.  The  matter  to  be  dealt  witH 
being,  then,  simply  that  affecting  American  fishermen  coming  witij 
the  territorial  dominion  of  His  Majesty,  it  was  provided  that  America« 
might  fish  on  that  part  of  the  southern  coast  of  Ne-ivfoundland  ffnic| 
extends  from  Cape  Ray  to  the  Eameau  Islpndsj  ard  on  thewesteu 


AMERICAN  FISHEBY  INTEEESTS. 


575 


and  northern  coast  of  Newfoundland  from  said  Cape  Kay  to  the  Quirpon 
Islands,  and  on  the  shores  of  the  Magdalen  Islands,  and  also  on  the 
coasts,  bays,  harbors,  and  creeks,  from  Mount  Joly,  on  the  southern 
coast  of  Labrador,  to  and  through  the  Straits  of  Bello  Isle,  and  thence 
northwardly  indeflnittly  along  tbo  coast,  without  prejudice,  however, 
to  any  of  the  exclusive  rights  of  the  Hudson  Bay  Company;  and  that 
the  American  fishermen  shouhl  have  the  liberty  to  dry  and  cure  lish  in 
anyof  ttie  unsettled  bays,  harbors,  and  creeks  of  the  southern  part  of 
the  coast  of  Newfoundland,  above  described.,  and  of  the  coast  of  Labra- 
dor, subject  to  noninterference  with  settlers,  &c. 
And  by  the  same  article  the  United  States  renounced  any  liberty — 

to  ta!:e,  dry,  or  cure  fish  or  or  wiibin  3  marine  miles  of  any  o*  the  coasts,  bays, 
creeks,  or  harbors  of  bis  Britannic   Majesty's  dominions  :u  America  not  included 
i  »ithintlie  above-mentioned  limits ;  prov'ded,  however,  that  th)  American  fishermen 
i  tliall  be  admitted  to  enter  such  bays  ov  harbors  for  the  purpose  of  shelter  and  of  re- 
pairing damages  thereii,  and  of  purchasing  wood,  and  of  obtaining  water  and  for 
'  no  oilier  purpose  whatever.    But  they  shall  be  under  such  restrictions  as  rray  bo 
j  tteamry  loprevent  their  takir  ■<  drying,  or  curing  fiith  therein,  or  in  any  manner  whatever 
iimg  theprMlcges  hereby  • .    rved  to  them. 

The  committee  is  of  opinion,  in  view  of  tnis  history  and  of  the  plain 

[language  above  quoted,  that  thi    article  was  intended  to  deal  and  did 

deal  only  with  th3  subject  of  the  admission  of  American  fishermen 

within  the  territorial  jurisdiction  of  his  Britannic  Majesty  as  defined 

by  the  public  la  w  of  nations. 

The  first  question  for  consideration,  then,  is  whether  the  pretension 
j  that  has  been  sometimes  asseiied  by  the  Government  of  Great  Britain, 
'M  American  lushing  vessels  or  others  have  no  right,  except  at  the  pleas- 
nreof  the  British  Goverument,  to  be  in  or  to  prosecute  lawful  pursuits 
[in  ihe  great  arms  of  the  sea  extending  between  parts  of  the  mainland 
[belonging  to  the  British  and  which  are  more  than  6  marine  miles  broad, 
1 13  well  founded? 

The  committee  cannot  doubt  that  any  such  pretension  is  ill  founded. 
[Itisplaia  that  such  a  pretension  is  an  invasion  of  the  principles  of  pub- 
jliclawDow  almost  universally  recognized  by  all  civilized  powers,  and 
lonewhich,  it  is  believed,  the  British  Government  would  be  indisposed  to 
laccede  towhcn  applied  as  against  its  subjects.    It  would  seem  to  be 
[clear  that  by  the  universally  recognized  public  law  arjong  civilized  na- 
s,  territorial  jurisdiction  of  every  nation  along  the  sea  is  limited  to 
|3 marine  miles  from  its  coasts  as  they  may  happen  to  be,  whether  em- 
[bracing  long  lines  of  open  coast  or  embracing  great  curvatures  of  seah 
jihore  which  may  and  often  do  almost  surround  vast  bodies  of  the  waters 
jofthe  ocean.    The  phrase  of  the  treaty,  therefore,  speaking  of  bays, 
Icreeks  and  harbors  of  his  Britannic  Majesty's  dominions,  must  be  un- 
derstood as  being  such  bays,  creeks,  and  harbors  as,  by  the  public  law 
l^fnations,  were  and  are  within  the  territorial  jurisdiction  of  the  British 
wernmeut.     The  committee  is,  therefore,  clear  in  its  opinion  tl'at 
ny  pretension  that  exclusive  British  jurisdiction  exists,  either  by  force 
f  public  law  or  of  this  treaty,  within  headlands  embracing  such  great 
"dies  of  water  and  more  than  G  marine  miles  broad,  must  be  quite  un- 
toable. 

Another  questien  may  arise,  in  respect  of  whether  American  fishing 

"" "'-  or  other  American  vessefs  may  lawfully  traverse  the  Gut  of 

pnso  i»  narrow  strait  connecting  the  waters  of  the  Atlantic  on  the 

TOheast  of  Nova  Scotia  and  Cape  Breton  with  the  waters  of  the  Gulf 

'Saint Lawrence  on  the  northwest).    This  strait  is  a  few  miles  long, 

much  less  in  some  of  its  parts  than  G  miles  wid**     It  is  naturally 


igK-..'    '-aixta 


676 


A^^B|C4|f  P}^I{|;§X  I|fT^|lESTS. 


navigable  for  aea-goinj;  vessels,  and  always  Las  been  navigated  and 
used  for  the  pasaajxe  of  vessels  ffofn  the  southward  into  Uio  Gulf  of 
Saint  Lawrence  and  bafk  again  southward  bj'  vessels  finding  it  conven- 
ient so  to  use  it. 

The  committee  is  of  opinion  that,  in  the  absence  of  special  treaty  ar- 
rangeuients,  such  straits  as  the  Gut  of  Canso  are  free  for  public  and 
peaceable  navigation  in  the  same  manner  that  the  seas  which  they  con- 
nect are.  A  comjiaratively  recent  and  notable  instance  of  the  appljca- 
lion  of  this  i)rinciplo  is  found  in  the  case  of  the  Simonoseki  Strait  in 
Japan,  connecting  tiie  Ooreun  Channel,  to  the  northwest  of  Japan  with 
the  Pacific  Ocean  on  the  southeast.  This  strait  at  one  of  its  points  is 
very  much  less  than  'A  miles  in  width ;  and  the  passage  of  mercantile  ves- 
sels of  the  United  States,  Great  Brita't ,  France,  and  the  ^Netherlands 
having  been  interrupted  there  by  Japanese  batteries,  &c.,  Japan  was 
compelled  by  these  four  Governments  to  make  reparation,  after  both 
British  and  American  vessels  of  war  had  forcibly  destroved  the  Japanese 
batteries. 

Of  course,  the  right  of  peaceful  ])assage  through  the  Gut  of  Canso  j 
by  unarmed  vessels  is  entirely  distinct  from  any  right  to  fish  or  do  any' 
other  tL'  ig  there  than  merely  to  pass  through.    And  if,  in  such  an  in- 1 
stance,  a  purely  fishing  vessel  of  the  United  States,  having  no  other 
character  whatever,  should  wish  to  pass  through  that  strait  from  one! 
part  of  the  sea  to  another,  it  is  i)resumed  that  it  would  hardly  be  insisted  j 
by  the  British  Government  that  such  a  passage  for  such  a  purpose  was  j 
prohibited  by  the  first  article  of  t'ae  ti-eaty  of  1818,  which,  aa  we  have  | 
before  stated,  was  applicable  only  to  the  roatter  of  taking  lish,  &c., on] 
the  specified  <!oasts  and  to  the  prohibition  of  American  fisherm^u  as  such  i 
to  enter  the  British  bays  or  harbors  for  any  other  purposes  ttan  those 
of  shelter,  repairing  damages,  purchasing  wood,  and  obtaining  water. 
The  general  right  of  passage  for  all  ves.'^.els  entitled  to  sail  the  seas  was 
not  in  any  way  mentioned,  and  it  must  be  presumed  it  was  not  intended] 
by  the  language  used  iu  the  treaty  to  limit  or  modify  such  rights. 

On  the  termination  of  the  reciprocity  treaty  of  1854  the  fishermen  of] 
the  United  States  were  remitted  to  the  first  article  of  the  treaty  of  1818,] 
already  cited,  for  the  definition  and  regulation  of  their  rights  iu  the  Brit- 
ish waters  therein  mentioned.    Between  the  period  of  t.io  teimiuation] 
of  the  treaty  of  1854  (namely,  18GG,)  and  the  treaty  of  1871  some  con-' 
siderable  difficulty  and  discussion  took  i)lace  concerning  the  questionj 
whether  the  3  mile  line  should  be  ascertaiued  by  drawing  the  same  froinf 
headland  to  headland  (as  across  the  Bay  of  Fundy  and  the  Bay  Cha- 
leur),  or  whether  it  should  be  drawn  3  miles  fro:n  the  actual  shores  of  j 
such  bays  and  headlands.    The  general  result  of  those  discussions  woiildf 
seem  to  have  been  an  acquiescence  by  the  British  Government  in  the! 
right  of  American  fishermen  to  fish  within  those  bays  and  exterior  toaj 
line  3  miles  from  the  shores.    By  the  treaty  of  1871  it  was  agreed  tm 
the  fi.shermen  of  the  United  States  should  have  the  right  to  fish  inshorel 
under  certain  limitations  therein  stated.    This  last  treaty  ^as  termil 
nated  through  the  action  of  the  United  States  on  the  1st  day  of  JuIyJ 
1885,  and  the  first  article  of  the  treaty  of  1818  again  came  into  opera| 
tion. 

Concluding,  then,  from  what  has  bgen  before  stated,  that  there  is  ud 
serious  difficulty  in  respect  of  the  question  where  Americau  fishermei 
can  ca  rry  on  their  operations,  it  would  seem  to  be  easy  to  know  precise!^ 
what  our  fishermen  may  and  may  not  do  in  the  territorial  waters  a' 
cent  to  the  British  dominions. 


AMFRICAN  FaSHEBY  INTERESTS. 


577 


lyiiattboy  may  do  may  be  stated,  as  follows: 

(1)  Tb  y  iiave  the  liberty  to  take  fish  '•  on  that  part  of  the  southern 

)astof  Newfoun'^land,  which  extends  from  Cape  Ray  to  the  liameau 

ilands." 

2)  They  have  the  right  to  take  fish  "  on  the  western  and  northern 
istof  Newfoundland  from  the  said  Gape  Eay  to  tho  Quirpon  Isl- 

ids." 

(3)  Also  "  oil  the  shores  of  tho  Magdalen  Islands." 

(4)  "Also  on  the  coasts,  bays,  harbors,  and  creeks  from  Mount  Joly 
in  the  southern  coast  of  Labrador  to  and  through  the  Straits  of  Belle 
[de,  and  thence  northwardly  indefinitely  along  the  coast,"  subject  to  any 
Bclnsive  rights  of  the  Hudson  Bay  Company. 

(5)  The  right  "to  dry  and  cure  fish  in  any  of  tho  unsettled  bays,  har- 
lots, and  creeks  of  the  southern  part  of  the  coast  of  Newfoundland,'' 
(fore  described,  and  of  the  coast  of  Labrador,  without  interfering  with 
^e  rights  of  settlers,  &c. 

(C)  The  right  of  American  fishermen  in  their  character  as  such  to  cn- 

rtliebays  and  harbors  of  Great  Britain  in  America  for  the  purpose 

k) of  shelter,  (&)  of  repairing  damages,  (c)  of  purchasing  wood,  (d)  of 

Itaining  water,  and  for  no  other  purpose  whatever. 

jBtttthey  are  to  be  under  such  restrictions  in  respect  of  their  entry 

|to bays  and  harbors  where  they  are  not  entitled  to  fish  '*as  maj  be 
mary  to  prevent  their  taking  and  drying  or  curing  fish  therein,  or 

kany  other  manner  whatever  abusing  the  privileges  hereby  reserved 

Ithem." 
)  things  that  by  this  article  American  fishermen  must  not  do  are  : 

1(1)  Fish  within  3  miles  of  any  of  tho  shores  of  the  British  dominions, 

icepting  those  specially  above  named. 

1(2)  Enter  within  this  3-mile  limit  except  for  the  purposes  last  stated. 

[The  American  fishermen,  in  their  character  as  such  purely,  must  not 

p  the  prohibited  waters  other  than  for  the  purposes  of  shelter,  re- 
ring  damages,  purchasing  wood,  and  obtaining  water ;  and  in  doing 
Jthey  are  subject  to  such  reasonable  restrictions  as  shall  be  ueces- 
r  to  prevent  their  fishing  or  curing  fish  in  prohibited  waters  or  on 
ed  shores,  and  thereby  abusing  the  privilege  of  entering  those 

fcteraforthe  necessary  purposes  stated. 

jWliat,  then,  are  such  necessary  restrictions  ? 

iFollowing  the  t'.eaty  of  1818,  Great  Britain  passed  the  act  of  Juno 

11819  (59  Geo.  Ill,  ch.  38),  on  the  subject  of  American  fishing  and 

pr  vessels  within  the  waters  of  the  British  dominions  in  North 

Nca,  which  provided : 

|1)  That  tho  British  King  might  make  such  orders  in  council,  either 

pctly  or  through  the  governor  of  Newfoundland  or  others,  as  shoidd 

[deemed  proper  and  necessarv  for  carrying  into  effect  the  j)urpose8  of 

Tifeliery  article  of  that  treaty. 

IH  prohibition  and  punishment  of  fishing,  &c.,  within  the  3-mile 

ft,  other  than  the  coasts  in  respect  of  which  the  treaty  provided  that 

^wans  might  fish. 

Forfeiture  of  vessels,  &c.,  found  fishing,  &c.,  within  the  prohib- 
pUits.  TLis  forfeiture  was  to  be  enforced  in  tho  ordinary  corrse, 
Ptiiocaso  of  forfeitures  under  thfe  revenue  laws. 
i)  That  American  fishermen  might  enter  any  of  the  bays  and  bar- 
Tti!  *^*'  ^rjtish  dominions  in  America  for  the  purposes  named  in 
ItTKity,  subject  to  such  restrictions  for  prev^entiiig  abase  of  that  priv- 
I« as  11  is  Majesty,  or  the  governor,  or  i)ersouexen,ising  tho  oflice  of 
ptiioriii  any  part  of  the  British  dominions  in  America,  might  make. 
S.  Ex.  113 37 


578 


AMERICAN   FISHERY   INTERESTS. 


(5)  That  if  any  person  should  refuse  +o  depart  from  such  bays.  &c,l 
on  the  requirement  of  the  governor,  &c.,  or  neglect  to  conform  to  anjl 
of  the  regulations  so  made,  ho  should  be  punished  by  a  fine  of  £200, 

The  next  legislative  act  touching  American  fishermen  appears  to  „ 
the  act  of  Prince  Edward's  island,  of  3d  September,  1844,  which  provick 
that  the  oflBcers  of  Her  Majesty's  customs,  &c.,  or  any  person  specialW 
holding  a  commission  for  that  purpose,  should  have  authority  to  go  oi 
board  any  ship,  vessel,  or  boat,  within  any  port,  bay,  creek,  or  liarborj 
in  that  island,  or  "hovering"  within  three  marine  miles  of  any  of  tlif 
coasts,  bays,  &c.,  thereof;  and  in  either  case  -freely  to  stay  on  boan 
such  ship,  vessel,  or  boat  as  long  as  she  shall  remain  within  suchporl 
or  distance ;  and  if  any  such  ship,  vessel,  or  boat  be  bound  elsewhen 
and  shall  continue  so  hovering  for  the  space  of  twenty-four  hours  aft^ 
the  master  shall  have  been  required  to  depart,  it  shall  be  lawful  fora 
of  the  above-enumerated  officers,  &c.,  to  bring  such  ship,  &c.,  intopori 
and  to  search  and  examine  her  cargo,  and  examine  the  master  upon  oatj 
touching  the  cargo  and  voyage ;  and  if  there  be  any  goods  on  boan 
prohibited  to  be  imported  into  this  island,  such  ship,  &c.,  andthecarg 
laden  on  board  thereof  shall  be  forfeited ;  and  if  said  ship,  &c.,  shall  b 
foreign  and  not  navigated  according  to  the  laws  of  Great  Britain  am 
Ireland,  and  shall  have  been  found  fishing,  or  preparing  tofisb,  ort 
have  been  fishing,  within  such  distance  of  such  coasts,  bays,  creeks,  o 
harbors  of  this  island,  such  ship,  &c.,  and  its  cargo  shall  beforfeitei 
and  if  the  master  or  any  person  in  command  thereof  shall  nottrnlya 
swer  the  question  which  shall  be  demanded  of  him  in  such  examinatioj 
he  shall  forfeit  the  sum  of  £100. 

The  act  then  provides  for  the  methods  of  investigation,  conden 
tion,  &c. 

The  Eevised  Statutes  of  Nova  Scotia  of  1851,  chapter  94  (which  vii 
have  re-enacted  some  earlier  act),  provided : 

(1)  That  officers  of  the  colonial  revenue,  sheriflfs,  magistrates,  or  aij 
other  person  duly  commissioned  for  that  purpose,  "  may  go  on  boai 
any  vessel  or  boat  within  any  harbor  in  the  province,  or  hovering  witl^ 
3  marine  miles  of  any  of  the  coasts  or  harbors  thereof,  and  stay  j 
board  so  long  as  she  may  remain  within  such  place  or  distance." 

(2)  That  "  if  such  vessel  or  boat  be  bound  elsewhere,  and  shall  ( 
tinue  within  such  harbor  or  so  hovering  for  twenty-four  hours  aftertj 
master  shall  have  been  required  to  depart,  anyoneof  theofiBcersabd 
mentioned  may  bring  such  vessel  or  boat  into  port  and  search  her  caij 
and  also  examine  the  master  upon  oath  touching  the  cargo  and  voyal 
and  if  the  master  or  i)erson  in  command  shall  not  truly  answer  J 
questions  demanded  of  him  in  the  examination  he  shall-  forfeit  £1(| 
and  if  there  be  any  prohibited  goods  on  board,  then  such  vessel  or  t 
with  the  cargo  thereof  shall  be  forfeited. " 

(3)  That  <'  if  the  vessel  or  boat  shall  be  foreign  and  not  navigaj 
according  to  the  laws  of  Great  Britain  and  Ireland,  and  shall  have  M 
found  fishing,  or  preparing  to  fish,  or  to  have  been  fishing  witlij 
marine  miles  of  such  coasts  or  harbors,  such  vessel  or  boat,  or  ci 
shall  be  forfeited. " 

It  then  provides  for  the  method  of  procedure,  &c.    This  proy 
was  re-enacted  in  the  Revised  Statutes  of  Kova  Scotia  by  the  provu 
act  of  May  7, 1858.    This  re-enactment  contained  in  its  tweuty-sef 
section  of  title  25,  chapter  94,  a  provision  suspending  those  pfirls 
relating  to  American  fi.shing  vessels  dnring  the  continuance  of  tiietf 

of  reciprocity  t!  1':-'51. 


AMERICAN  FISHERY   INTERESTS. 


579 


Xbe  committee  has  not  been  able  to  discover  any  orders  in  council 
bv  the  British  King,  as  authorized  by  the  act  (59  Geo.  Ill,  ch.  58), 
and  80  far  as  we  have  been  able  to  examine,  the  regulation  of  the  en- 
rance  of  American  fishermen  within  the  limits  wherein  they  were  not 
Entitled  to  fish  has  been  made  by  colonial  statutes  such  as  have  been 
bbove  recited.  That  of  Prince  Edward's  Island,  of  1843  (6  Vict.,  ch. 
i)  the  committee  thinks  fairly  illustrates  the  nature  of  legislative 
g'nlations  on  the  subject  down  to  the  reciprocity  treaty  of  1854,  and 
in  effect,  until  the  expiration  of  that  treaty  in  1860.    This  act  pro- 

rided: 

(1)  Proper  officers  were  authorized  to  go  and  remain  on  board  an 
merican  fishing  vessel  during  her  continuance  within  the  waters  where 
e  was  not  entitled  to  fish. 

If  thf/  vessel  was  bound  elsewhere,  and  should  continue  hovering 
ithin  the  3-mile  limit  for  twenty-four  hours  after  she  had  been  required 
depart,  then  the  officer  might  take  her  into  port,  search  her  cargo,  ex- 
iue  the  master,  &c. 

3)  If,  on  such  examination,  any  goods  should  be  found  prohibited  to 
imported  into  the  island,  there  should  bo  a  forfeiture. 
(4)  If  the  vessel  should  have  been  found  fishing,  or  preparing  to  fish, 
to  have  been  fishing,  in  prohibited  waters,  a  forfeiture  should  follow. 
It  will  be  seen  that  this  provision  carefully  excludes  the  right  to  seize 
id  proceed  against  an  American  fishing  vessel  that, had  come  within 
waters,  where  fishing  was  not  allowed,  for  the  purposes  named  in 
le treaty,  and  only  authorized  British  officers  to  require  the  vessel  to  de- 
t,if,  instead  of  coming  into  a  bay  or  roadstead  and*  coming  to  anchor, 
16  was  "hovering"  on  the  coast  and  within  the  prohibited  limits,  and 
vided  for  her  forfeiture  when  so  "  hovering  "  only  upon  its  being  dis- 
vertd,  on  an  examination,  that  she  had  contraband  goods  on  board,  or 
id  been  violating  the  provisions  of  the  treaty  by  abusing  the  privilege 
lier  entrance  and  shelter,  by  fishing,  &c.  And  in  all  these  cases  the 
"inary  modes  of  judicial  investigation  and  fair  play  were  provided  for, 
cept:  (a)  That  the  burden  of  proof  was  thrown  on  the  claimant  of  the 
iel  in  case  of  dispute  as  to  whether  the  seizure  had  been  lawful ;  (b) 
at  DO  suit  should  be  brought  for  an  illegal  seizure  until  one  month 
;er  notice  in  writing  had  been  served  on  the  seizing  officer  of  an  in- 
tion  to  sue  and  the  grounds  of  action ;  (c)  and,  further,  that  a  statute 
limitations,  in  respect  of  all  such  illegal  seizures,  of  three  months 
ily,  was  provided. 

The  committee  does  not  see  any  just  ground  of  criticism  of  those 

s  of  this  act  that  relate  to  the  conduct  of  American  fishing  vessels. 

iing  within  waters  where  fishing  w  as  prohibited ;  but  when  it  comes 

the  matter  of  just  and  reasonable  judicial  determination  of  any  ques- 

inarisiug,  the  committee  does  think  that  the  methods  and  limitations  of 

edure  were  harsh  and  unjust,  and  beyond  the  right  of  the  BritisL 

ivernment  to  provide,  under  its  authority  by  the  treaty  to  make  only 

i  restrictions  as  should  be  necessary  to  prevent  the  abuse  by  tlie 

aerican  fishermen  of  their  right  to  enter  non-fishing  waters. 

But  the  foregoing  species  of  legislation  has  been  considerably  im- 

ived  upon,  in  an  unjust  direction,  by  the  ^Dominion  act  of  the  22d  of 

.v,I368  (31  Vict.,  ch.  61),  which  authorized  the  officials  to  require 

jessel,  which  was  not  hovering  on  the  coast  but  which  had  come 

™  a  harbor,  to  depart  from  such  harbor  on  twenty-four  hours'  iio- 

and,  on  failure  of  such  departure,  to  bring  her  into  port,  for  that 

cause,  and  without  any  suspicion  or  ground  of  suspicion  that  she 

violated  or  intended  to  violate  either  the  treaty  or  the  laws  of 


''*,j 


■i-O;-  .;..:^v^!f  ;■-.■'  ■•  'iy^' 


680 


AMERICAN  FISHERY   INTERESTS. 


Canada,  and  without  any  limitation  as  to  the  length  of  time  she  might 
be  detained  in  port,  or  any  security  for  just  and  fair  treatment  of  the  I 
American  fishing  vei^sel  which  might  have  sought  shelter  in  such  bat- 1 
bor  or  come  there  for  any  of  the  lawful  causes  named  in  the  treaty. 

It  also  provided  for  punishing  the  master  if  he  failed  to  answer  any  j 
question  put  to  him  teuching  the  cargo  or  voyage.  | 

It  also  provided  that  the  consent  of  the  seizing  person  should  be  nec- 
essary in  order  to  enable  the  judge  of  the  admiralty  court  to  release  the 
vessel  on  proper  security. 

It  also,  as  in  the  case  of  the  former  act,  put  the  burden  of  proving 
innocence  on  the  claimant.  * 

It  also  provided  that  no  suit  should  be  brought  for  any  illegal  con- 
duct of  those  officers  uhtil  after  a  month's  notice  in  writing,  and  that! 
the  notice  should  contain  the  cause  of  action. 

It  also  provided  that  "  no  evidence  of  any  cause  of  action  shall  be] 
produced  except  such  as  shall  be  contained  in  such  notice." 

It  also  provided  that  every  such  action  should  be  brought  within  three! 
months  after  the  cause  of  action  had  arisen. 

It  also  provided  that  if  in  any  such  suit  judgment  should  begivenl 
against  the  seizing  person  and  there  should  be  a  certificate  of  probablej 
cause,  then  tho  plaintiff  should  only  recover  SJ  cents  damages  and  noj 
costs,  and  that  no  fine  beyond  20  cents  should  bo  imposed  upon  the  re-j 
spondent. 

On  the  12th  of  May,  1870,  the  Dominion  act  of  33  Vict.,  cb.  15,  n 
passed,  repealing  the  third  section  of  the  last-mentioned  act  on  the  sub 
jectof  bringing  vessels  into  port,  &c.,and  provided  in  lieu  thereof  thai 
any  of  the  officers  or  persons  before  mentioned  might  bring  any  vessel] 
being  within  any  harbor  in  Canada,  or  hovering  in  British  waters  withiJ 
3  miles  of  the  coast,  into  port,  search  her  cargo,  examine  her  masteij 
on  oath,  &c.,  without  any  previous  notice  to  depart,  which  had  beenre] 
quired  by  the  former  act.  So  that  an  American  vessel,  fishing 
sea,  being  driven  by  stress  of  weather,  want  of  wood  or  water,  ofl 
need  of  repairing  damages,  which  should  run  into  a  Canadian  harbo| 
under  the  right  reserved  to  it  by  the  treaty  of  1818,  the  moment  herao] 
chor  was  dropped  or  she  was  within  the  shelter  of  a  headland  wai 
at  the  discretion  of  the  Canadian  official,  to  be  immediately  seized  anj 
carried  into  port,  which  might  be,  and  often  would  be,  many  miles froa 
the  place  where  she  would  have  her  safe  shelter  or  could  obtain  hef 
wood  and  water  or  repair  her  damages. 

The  committee  thinks  it  is  not  too  much  to  say  that  such  a  pi^ 
vision  is,  in  view  of  the  treaty  and  of  the  common  principles  of  comiH 
among  nations,  grossly  in  violation  of  rights  secured  by  the  treaty  aij 
of  that  friendly  conduct  of  good  neighborhood  that  should  exist  li 
tween  civilized  nations  holding  relations  such  as  ought  to  exist  betwei 
the  United  States  and  Her  Majesty's  dominions. 

This  last  provision  was  substantially  re-enacted,  with  the  royal  aj 
proval  of  the  Queen,  given  outhe2Gth  of  November,  1886,  with  theadif 
tion  that  if  any  srch  vessel  had  entered  such  waters  for  any  purposenj 
permitted  by  treaty  or  convention,  or  by  any  law  of  the  tlnited  Kinl 
dom  or  Canada,  for  the  time  being  in  force,  she  should  be  forfeited,  f^ 

From  all  this  it  would  seem  that  it  is  the  deliberate  purpose  ot  ta 
British  Government  to  leave  it  to  the  individual  discretion  of  caclioj 
of  the  numerous  subordinate  magistrates,  fishery  officers,  and  cnstoi 
officers  of  the  Dominion  of  Canada  to  seize  and  bring  into  port  aj 
American  vessels,  whether  fishing  or  other,  that  he  finds  witlimnj 
harbor  iu  Canada  or  hovering  within  Canadian  waters.  The  statu 
does  not  even  except  those  Canadian  waters  in  which,  along  a 


AMERICAN   FISHERY   INTERESTS. 


581 


le  she  might 
tment  of  the 
in  such  hat- 
.6  treaty. 
I  answer  any 


part  of  the  southern  coast  and  the  whole  of  the  western  coast  of  New- 
touncUand,  they  are  entitled  to  fish,  to  say  nothing  of  the  vast  extent 
ofthecontiueutal  coast  of  Canada. 
The  committee  repeats  its  expression  of  the  firm  opinion  that  this 
lefjslation  is  in  violation  of  the  treaty  of  1818,  as  it  respects  American 
fishing  vessels,  and  in  violation  of  the  principles  of  comity  and  good 
nei''hborhoo(l  that  ought  to  exist  in  respect  of  commercial  intercourse 
ortTiecominpof  the  vessels  of  either,  having  any  commercial  charac- 
tpr.  within,  the  waters  of  the  other.  Had  it  been  intended  to  harass 
u  of  proving  ^JjQ^  embarrass  American  fishing  and  other  vessels,  and  to  mal;e  it  im- 
practicable for  them  to  enjoy  their  treaty  and  other  common  rights,  such 
leinslatiou  would  have  been  perfectly  adapted  to  that  end. 
The  instances  in  which  this  sort  of  legislation  has  been  applied  dur- 
ing the  last  year,  to  the  great  embarrassment  and  injury  of  American 
lights  and  interests — although  in  some  of  them  it  may  doubtless  appear 
thattliere  has  been  some  merely  formal  or  technical  violation  of  some 
Canadian  customs  stiatute  or  regulation — are  the  following: 

hrndi  denied  the  right  or  privilege  of  purchasing  coal  or  ice  or  of  transshipping  Jiah  at 
■  porta  of  the  Dominion,  or  refused  other  rights  or  privileges  therein. 


tiould  benec- 
;o  release  the 


y  illegal  con^ 
ting,  and  that 

etion  shall  bel 


it  within  three  I 

ould  be  Rivenl 
iteofprobahlel 
images  and  nol 
?d  upon  the  re-j 

ct.,  ch.  15,  n 
acto'iithesnb 
leu  thereof  thM 
ring  any  vessel^ 
h  waters  within 
ine  her  uiastea 
ch  had  beenre] 
;ssel,  fishing 
,a  or  water,  ol 
madian  harboij 
moment  her  an 

headland  m 
itely  seized  and 
lany  miles  froa 

ould  obtain  h«| 

jat  such  a  W 
tiples  of  comity 
W  the  treaty  f 
Ihould  exist ' 
Ito  exist  betwe 

iu  the  royal  aj 
JG  with  the  adfl 
lanypurposeDj 
lie  United  KinJ 
be  forfeited,  ^^ 
J  purpose  of  t« 
Itionofeachoi] 
Ijrs,  andcustoj 
L  into  port  »J 
Puis  witbina] 
L    The  statr 

Ti,  along  a' 


JweKw  (steamship)  donied  the  right  to  take  in  coal,  or  purchase  ico,  or  transship  fish 
ia  bond  to  the  United  States,  at  Piotou,  N.  S.,  July,  1886.    (II.  K.  Ex,  Doc.  No. 
19,  Forty-ninth  Congress,  second  session,  pp.  24-25,  4y-G0-6I.    This  Kop.,  3,  15, 
105.106.) 
'Men  Hind,  of  Gloucester,  Mass.,  was  refused  the  right  to  take  water  in  Port  Daniel, 
Bay  of  Chaleur,  July  23,  1886.    (H.  R.  Ex.  Doc.  No.  19,  Forty-ninth  Congress, 
second  session,  pp.  43,  47,  192-193.    This  Kep.,  162.) 
Kollie  Adams,  of  Gloucester,  Mass.,  Solomon  Jacobs,  master ;  his  water  supply  having 
become  exhausted  by  accident.  Captain  Jacobs  put  into  Port  Mulgrave,  N.  S., 
on  the  3l8t  of  August,  1886,  to  replenish  the  same,  but  was  refused  the  privilege 
of  buying  barrels,  and  notified  that  if  be  did  purchase  barrels  his  vessel  would  be 
seized.   A  serious  loss  was  occasioned  through  this  action.    (H.  R.  Ex.  Doc.  No. 
19,  Forty-ninth  Congress,  second  session,  pp.  45-46,  61-63.    This  Rep.,  88,  146.) 
||.i  Crittenden,  of  Gloucester,  Mass.,  Joseph  E.  Graham,  master.    Stopped  at  Steep 
Creek,  Strait  of  Canso,  July  21,  1886,  homeward  bound  from  the  open-sea  fishing 
grounds,  to  obtain  supply  of  water,  which  was  refused,  the  customs  ofiQcer  noti- 
fying Captain  Graham  that  if  he  took  in  water  his  vessel  would  be  seized.    (H. 
R.£x.  Doc.  No.  19,  Forty-ninth  Congress,  second  session,  pp.  47,48,  152.    This 
Eep.,  153, 196.) 

Mrl  Nekon,  of  Provincetown,  Mass.,  Murdock  Kemp,  master.  Was  seized  in  the 
harbor  of  Arichat,  N.  S.,  September  8, 1886,  and  compelled  to  pay  commercial  fees, 
but  was  denied  privileges  which  such  fees  are  paid  to  secure.  (H.  R.  Ex.  Doc. 
No.  19,  Forty-ninth  Congress,  second  session,  pp.  54-61,  193-107.  This  Rep., 
54,66.) 

unSayward,  of  Gloucester,  Mass-,  Medo  Rose,  master.  Was,  on  the  6th  of  Octo- 
H 1886,  while  in  the  port  of  Shelburno,  N.  S.,  refused  permission  to  buy  pro- 
visions, &c.,  sufficient  to  last  the  crew  on  the  homeward  trip  of  the  vessel ;  the 
vessel's  papers  were  retained  by  the  collector  for  an  undue  length  of  time,  &c. 
(H.  R.  Ex.  Doc.  No.  19,  Forty-ninth  Congress,  second  session,  pp.  58-59.) 
)n*\e  Seaverns,  of  Gloucester,  Mass.,  Joseph  Tuppor,  master.  While  in  the  port  of 
Liverpool,  N.  S.,  Captain  Qaigley,  of  the  Dominion  cruiser  Terror,  prevented  Cap- 
tain Tapper  from  landing  to  visit  relatives  in  Liverpool,  and  forbade  Captain 
Tnppert  relatives  from  going  on  board  the  Jeannie  Seaverns,  placing  a  guard 
aboard  of  her  while  she  was  m  thatport.  (H.  R.  Ex.  Doc.  No.  19,  Forty-ninth  Con- 
gress, second  session,  pp.  58-59,  and  60.) 

mand  Julia,  of  Eastport,  Me.,  W.H.  Farris,  master.    While  in  Digby  Harbor, 

wa  Scotia,  April  (!)  18,"  1886,  Iwas  denied  the  privilege  of  buying  herring. 

(H.B.Ex.Doc.No.l9, Forty-ninth  Congress,  second  session,  pp.  169-170.) 

PM  A.  Garfield,  threatened  with  seizure  on  opportunity ;   charged  with  having 

pnrcliased  bait  or  ice  in  Dominion  port  or  ports.    (H.  R.  Ex.  Doc.  No.  19,  Forty- 

lomth  Congress,  second  session,  p.  171. ) 

Wi.  Snow,  of  Gloucester,  Mass.,  Jeremiah  Hopkins,  master.    Subjected  to  con- 

itant  surveillance  in  harbor  at  Sholbnrne,  N.  S.,  by  Captaiu  Quigley,  of  Dominion 

muser  Terror,  who  finally  boarded  her  with  an  armed  guard,  took  Captain  Hop- 

BMashore  under  armed  guard,  and  threatened  him  with  trouble  if  he  revisited 

'  S"""" —    (This  Rep.,  pp.  135-136, 138. ) 


Bhelbume. 


582 


AMERICAN   FISHERY   INTERESTS. 


Highland  Light,  of  Provincetown,  Mass.    Soizod  off  tho  northeast  point  of  Prince Ed-j 
ward  Island  for  catchinj?  fish  vithin  ;{-niilo  limit.     (This  Rep.,  pp.  ;J4, 153,) 

Eliza  A.  ThoviH,  of  Porthiufl,  Mo.,  hiivinjit  mmo  ashore  at  Malpeqiio,  lutlen  witliafan 
of  lish,  tno  owniTH  \v»to  not  permitted  to  ship  homo  either  the  fisb,  boat*,  o( 
KeiiTes  by  vessels,  but  were,  after  delav,  compelled  to  ship  them  bv  rail  (Thi3 
Kep.,  pp.  259-260.)  "  ^  °1 

Veaaeh  seized  by  Canadian  authorilica  on  tho  charge  of  violating  the  fiahcry  reguhtmm 

the  Dominion. 

David  J,  Adams,  owned  at  Newbiiryport,  Mass.,  Aldon  Kinney,  master.  Seized  l 
Digby,  N.  S.,  May  7,  1880).  (Senate  Ex.  Doc.  No.  217,  Fort.y-ninth  Cougrcss,  linl 
session;  H.  R.  Ex.  Doc.  No.  19,  Forty-ninth  Congress,  second  session, pp. G,U,iaj 


128, 139, 130, 131, 13>,  133,  ):14,  135.  136,  137, 140, 141, 142,148, 149,150,164,163  in 
177,178e<«r<7.    This  Rep., p.  151.) 

Ella  M.  Doiight)/,  owned  at  Kennebunk,  Me.,  Warren  A.  Donghty,  master.  Seized 
Englishtown,  C. «.;  May  17. 1886.  Released  June  19, 1886 ;  bail,  ^,400.  Proci 
ings  for  remission.  (Senate  Ex.  Doe.  No.  217,  Forty-ninth  Congress,  lirst  sessi. 
H.R.  Ex.  Doc.  No.  19,  Forty-ninth  Congress,  second  session,  pp.  141,142,14:11 
14.5,146.     This  Rep., 255.) 

City  Point,  owned  at  Booth  Bay,  Me.,  Stephen  Koeno,  master.     Seized  at  Shelbm 
N.  S.,  Jnly  3,  1886.    Released  on  payment  of  $400,  alleged  fine.    (Senate  Ei 
Doc.  No.  217,  Forty-ninth.  Congress,  first  session  ;  H.   R.  Ex.  Doc.  No.  19,  Fort] 
ninth  Congress,  second  session,  pp.  44, 178, 193.    This  Rep.,  238.) 

George  W,  Cashing,  owned  at  Bath,  Mo.,  C.  B.  Jewett,  master.    Seized  at  Sholbni 
N.  S.,  July  3,  1886.    Released  on  payment  of  $400,  alleged  fine.    (SenateEiDi 
No. 217, Forty-ninth  Congress,  first  session;  II.  R.  Ex. Doc. No.  19, Forty-oinl 
Congress,  second  session,  pp.  142, 17S,  182, 184.    This  Rep.,  262.) 

C.  B.  Harrington,  owned  at  Portland,  Mo.,  John  Freilick,  master.  Suized  at  SI 
burne,  N.  S.,  July  3,  1880.  Released  on  payment  of  $400,  alleged  line.  (Sen 
Ex.  Doc.  No.  217,  Forty-ninth  Congress,  first  session.    This  Rep.,  '2&i.) 

Vessels  seized  iy  the  Canadian  tuthorities  on  the  charge  of  violating  commercial  or  Mij 

laws  or  regulations  of  the  Dominion. 

W.  D.  Daisley,  of  Gloncester,  Mass,  Seized  at  Souris,  October,  1886,  on  the  charge  til 
one  of  the  crew  had  landed  flour  at  Canso  in  tho  previous  August.  (TbisEej 
p.  197.) 

The  Druid,  of  Gloucester,  Mass.,  John  McQuinn,  master.    Sailing  under  registerj 
buy  fish,  not  to  catch,  and  having  ou  board  no  apparatus  for  fishing,  wa8tir| 
boarded  by  the  captain  of  the  Dominion  cruiser  Houlette,  with  armed  imh,  « 
oncedetained  two  nights  and  a  day  nnder  armed  guard  at  Malpequeon  acliaro 
technical  violation  of  customs  regulations ;  subsequently  released.    (This  I 
pp.  129-132.) 

More  Castle,  of  Gloucester,  Mass.,  Edwin  Joyce,  master.    Seized  at  Port  Mulfjravej 
the  Strait  of  Canso,  September  11, 1886 ;'  stripped  and  held  for  an  offense  allej 
have  been  committed  in  1884.    (This  Rep.,  p.  217  et  seq.) 

Vessels  detained  hy  Canadian  authorities  on  the  charge  of  violation  of  fishnj  or  tm 

regulations  of  the  Dominion  of  Canada. 

Joseph  Story,  owned  at  Essex,  Mass.     Seized  at  Baddeck,  Cape  Breton,  April  24, 1| 

released  April  25,  1886.     (Senate  Ex.  Doc.  No.  217,  Forty-ninth  Congress,  P 

session.) 
Matthew  Keany,  owned  at  Bath,  Me.    Detained  twonty-four  hours.    (Sen.  Ei. 

No.  217,  Forty-ninth  Congress,  first  session.)  . 

Hereward,  owned  at  Essex,  Mass.,  McDonald,  master.    Seized  July  3, 1836,  at  uj 

(Sen.  Ex.  Doe.,  No.  217,  Forty-ninth  Congress,  first  session;  H.  R.  Ex.  Doc. 

19,  Forty-ninth  Congress,  second  session,  p.  190.) 
Everett  Steele,  of  Gloncester,  Mass.,  Charles  E.  Forbes,  master.  Detained  in  tlie 

of  SholbHrne,N.  8.,  10th  September,  1886,  by  Captain  Quigley,  of  the  Terror,! 

boarded  the  Steele,  took  her  papers,  and  put  her  in  charge  of  a  policeman  m4 

following  da.y,  when  she  was  discharged  by  the  collector.    (H.  R.  Ex.  D""*"! 

Forty-ninth  Congress,  second  session,  pp.  52,  53,  54,  56,  153.    This  Kep.,  nm 

Vessels  warned  off  by  Canadian  authorities  on  ihe  ground  that  they  were  about  to  nm 
fishery  or  trading  laws  or  regulations  of  the  Dominion, 

Annie  If.  (or  H.)  Jordan,  of  Gloucester,  Mass.,  was  refused  entry  at  t!jjH',°9 
Andrews,  Now  Brunswick,  although  licensed  to  touch  and  trade,  i^}^'^  ' 
No.  19, -Forty  ninih  Congress,  second  session,  pp.  15,171-172,  1/5-1' • 
Rep.,  163.) 


AMERICAN   FISHERY   INTERESTS. 


583 


IjluHn  ^-  BraAley,  Rattler,  Eliza  Boi/nton,  and  Pioneer,  of  Gloucester,  Mass.,  were 
I  warned  by  the  sub-collector  of  customs  at  Cunso  to  keop  outside  an  iiuaginary  line 
drawn  from  a  point  3  miles  outside  Canso  Head  to  u  poiut  outside  St.  Ea^irit,  on 
the  Capo  Breton  coast,  a  distance  of  40  miles.  Tbis  lino,  for  nearly  i  ts  entire  cou- 
tinnamo,  is  distant  12  to  25  miles  from  the  coast.  (H.  R.  Ex.  Doc.  No.  ID,  Forty- 
uintii  ConRress,  second  session,  pp.  IG,  42,  44,  48-49,  5a-r)7,  120-123, 1'JO-l'Jl.    This 

,    Rep.,  IM,  19 J.) 

|j.,^^j,'_ /}a«ard,  of  Gloucester,  Mass.,  James  McDonald,  master;  warned  olF  by  cu8- 

toms  officials  at  Bonue  Bay,  Newfoundland,  July  12,  1880.     (11.  R.  Ex.  Doc.  No. 

19  Forty-iiintU  Congress,  second  session,  pp.  20-27,  40-47, 140-147, 1&0-151, 187- 

lti9.) 
|uj,j5(  of  Gloucester,  Mass.,  Alexander  McEacbern,  master;  warned  by  customs  ofll- 

cialsat  Port  Amberst,  Magdalen  Islands,  Juno  10,  188C,  that  if  fresli  bait  was  pur- 

fhased  vessel  would  bo  seized.    (H.  R.  Ex.  Doc.  No.  19,  Forty-ninth  Congress, 

second  session,  pp.  40-47, 118-119-120, 146-147, 150-152.) 

Vesaela  subjected  to  hostile  treatment  by  Dominion  ojjloiala. 

KitShilohmiA  the  Julia  Ellen. — While  these  vessels  were  entering  the  harbor  of  Llv- 
I  erpool,  Nova  Scotia,  Captain  Qulgley,  of  the  Canadian  cruiser  Terror,  lired  a  gun 
acroMthoir  bows  to  hasten  their  coming  to,  and  placed  a  guard  of  two  armed ."uen 
on  board  each  vessel,  which  guard  remained  on  board  uutil  the  essels  leftthe  bar- 
ber. (H.  K.  Ex.  Doc.  No.  19,  Forty-ninth  Congress,  second  ses,^.on,  fp.  44, 122-23. 
This  Kep.,  168.) 

Jf«rio»  Grimes,  of  Gloucester,  Mass.,  Alexander  Landry,  master ;  was  In  portof  Shel- 
bnrao,  Nova  Scotia,  October  11,  188(i,  under  detention  for  alleged  Infraction  of  cus- 
toms regulations,  and  while  so  there  Captain  Qulgley,  of  the  Dominion  cruiser 
Terror, compelled  Captain,  Landry  to  haul  down  bis  (the  United  States)  flag;  upon 
it« being  nm  up  a  second  time  Captain  Qulgley  wont  on  board  the  Grimes  and  hauled 
the  flag  down  with  his  own  hands.  (H.  R.  Ex.  Doc.  No.  19,  Forty-ninth  Congress, 
second  session,  pp.  124-25,  153-63.) 

It  will  be  seen,  from  the  correspondence  and  papers  submitted  by  the 

President,  in  his  message  on  the  subject,  of  the  8th  of  December  last 

lEx.  Doc.  No.  19,  Forty-ninth  Congress,  second  session),  and  from  the 

llestimoiiy  taken  by  the  eommittee,  that  some  of  these  instances  of  seiz- 

Ve  or  detention,  or  of  drivir.g  vessels  away  by  threats,  &c.,  were  in 

pear  violation  of  the  treaty  of  1818,  and  ihat  others  were  on  such  slen- 

per  ami  technical  grounds,  either  as  ajiplied  to  lishing  rights  or  com- 

nercial  rights,  as  to  make  it  impossible  to  believe  that  they  were  made 

ritlithe  large  and  just  object  of  protecting  substantial  rights  against 

■eal  and  substantial  invasion,  but  must  have  been  made  either  under  the 

ktimulus  of  the  cupidity  of  the  seizing  officer,  sharpened  and  made  safe 

]by  the  extraordinary  legislation  to  which  the  committee  has  referred, 

iliereby  the  seizing  officer,  no  matter  how  unjust  or  illegal  his  proced- 

|ire  may  have  been,  is  made  practically  secure  from  the  necessity  of 

makiug  substantial  redress  to  the  party  wronged,  or  of  punishment 

brelsethey  must  have  arisen  from  a  systematic  disposition  on  the  part 

If  the  Dominion  authorities  to  vex  and  harass  American  fishing  and 

per  vessels  so  as  to  produce  such  a  state  of  embarrassment  and  incou- 

[eniencfl  with  respect  to  intercourse  with  the  Provinces  as  to  coerce  the 

ynited  States  into  arrangements  of  general  reciprocity  with  the  Do- 

BinioD. 

Id  respect  of  general  reciprocity  the  experience  of  the  United  States 
Boring  the  existence  of  the  treaty  of  1854  was  such  as  to  load  Congress, 
Vith  great  unanimity,  to  terminate  it;  and  the  experience  of  the  United 
ptate^s,  under  such  so-called  reciprocity  as  was  provided  for  by  the  treaty 
plSil,  was  such  as  to  lead  both  houses,  with  very  great  unanimity,  to 
wininate  that.  Each  of  these  instances  continued  long  enough  to  show 
Wly  the  general  working  of  the  arrangement.  The  great  balance  of 
■ainand  advantage  appeared  to  be  In  favor  of  the  Canadians,  while  the 

"at balance  of  loss  and  disadvantage  fell  on  the  people  of  the  United 


584 


AMERICAN   FISHERY   INTERESTS. 


Indeed,  tlio  troiity  of  1871,  ho  far  us  it  related  to  the  fishories  itc 
WUH  based  upon  tlie  idea  that  the  rifjht  of  American  flshc^nnoii  to  lisll 
wiihin  3  miles  of  the  Dominion  wliorea  was  of  some  coiisiderablo  valiu- 
which  the  United  States  thought  would  bo  fully  compensated  l»v  admit- 
ting Dominion  fishermen  to  the  waters  of  the  United  States  anil  admit 
ting  their  fish  free  of  «lnty.  Notwithstanding  this,  by  the  inotliods  and 
results  of  settling  the  bahinco  of  iiecuniary  advantages  by  tlio  Ualil'in 
Commission,  the  United  States  paid  on  the  award  of  tliat  Oo-missionl 
(waiving  the  serious  question  of  its  irregularity)  $5,5()(),()()0.  So  stroii" 
was  the  opinion  of  the  United  States,  even  at  that  time,  that  this  award 
was  wholly  nnjust  in  fa(;t  that  it  is  understood  that  steps  were  taken  to 
invite  the  British  Government  to  terminate  the  fisheries  clauses  of  the 
treaty  of  1871  immediately  and  before  the  positive  period  of  ten  years 
had  expired,  but  it  could  not  be  accomplished.  1 

From  the  investigations  made  by  the  committee  during  tbo  last  sum  I 
raer  and  fall,  and  as  the  result  of  the  great  mass  of  testimony  taken  by 
it  and  herewith  returned,  the  committee  believe  it  to  be  clear,  beyond 
all  dispute,  that  the  right  to  fisk  within  three  miles  of  tbo  Dominioal 
shores  is  of  no  practical  advantage  whatever  to  American  lisUermen.i 
The  cod  and  halibut  fishing  has  been  for  many  years  almost  entirelj-j 
carried  on  at  long  distances  from  the  shores,  in  the  deep  waters, oiij 
banks,  «&c.;  and  it  is  believed  than  were  there  absolute  liberty  for  Amerl 
leans  to  fish,  without  restriction  or  regulation  of  any  kind,  within  tliroej 
miles  of  the  Dominion  shores,  no  such  fisherman  would  ever  think  of 
going  there  for  the  purpose  of  catching  cod  or  halibut. 

As  regards  the  obtaining  of  briit  for  this  class  of  fishing,  the  tcsti-j 
mony  taken  by  the  committee  in  its  inquiries  clearly  demonstrates  tbati 
there  is  no  necessity  whatever  for  American  fishermen  to  resort  toCauaJ 
dian  waters  for  that  purpose.  Clam  bait  is  found  in  immense  quautil 
ties  in  our  own  waters,  and  there  have  been  instances,  so  freqneutandj 
continuous  as  to  amount  to  a  habit,  of  the  Canadians  themselves  resort! 
ing  to  American  waters  or  ports  for  the  purpose  of  obtaining  it.  Tliel 
squid  bait  is  found  on  the  very  banks  where  the  fishing  goes  on.  Su 
that  the  instances  would  be  extremely  rare  when  any  Ameiicau  fishing 
vessel  would  wish  to  resort  to  a  Dominion  port  for  the  purpose  oi  buy| 
ing  bait  for  this  kind  of  fishing. 

It  was  also  proved  before  the  committee  that,  with  the  rarest  oxcepi 
tion,  it  would  bo  absolutely  injurious  to  the  i)ecuniary  interests  of  all 
concerned  for  American  vessels  to  resort  to  Dominion  ports  or  watersj 
except  in  need  or  distress,  for  the  time  taken  in  such  departures  from 
the  cod  and  halibut  grounds,  or  from  direct  sailing  to  and  from  thcii 
is  so  great  that,  with  or  without  t;ho  difference  of  port  expenses,  tini^ 
and  money  are  both  lost  in  such  visits. 

In  respect  of  the  mackerel  fishery  the  committee  finds,  as  will  be  seel 
from  the  evidence  referred  to,  that  its  course  and  methods  bavooflatj 
years  entirely  changed.  While  it  used  to  be  carried  on  by  vessels  tisl^ 
ing  with  hook  and  line,  and  sometimes  near  the  shores,  itisnowalmoi 
entirely  carried  on  by  the  use  of  immense  seines,  called  purse  seines, (T 
great  length  and  descending  many  fothoms  into  the  water.  This  jre^ 
is  very  exi)ensive,  aud  a  fishing  vessel  does  not  usually  carry  more  tlial 
one  or  two.  The  danger  of  fishing  near  the  shore  with  such  seines  is  j 
great,  on  account  of  striking  rocks  aud  reefs,  that  it  is  regarded  as  es 
tremely  hazardous  ever  to  undertake  it.  Besides  this,  the  large  school 
of  mackerel,  to  the  taking  of  which  this  great  apparatus  is  best  adaplej 
are  almost  always  found  more  than  3  miles  from  land,  either  in  grft 
bays  and  gulfs  or  entirely  oat  at  sea. 


AMERICAN   FISHERY   INTERESTS. 


585 


Tbero  will  bo  fotuul  accompanying  this  report  (see  Appenilix)  stato- 

1  ments  showiiij?  tbo  total  catch  of  mackerel  during  certain  years  iiiid  Mio 

Lartsof  tbo  seas  where  they  have  been  takeu ;  and  it  will  also  bo  seen 

from  tho  evidence  that  in  general  the  mackerel  fisheries  by  Americans 

iathcGulf  of  Saint  Lawrence  and  in  the  Bay  of  Ghaleur  have  not  been 

remuiicrativo. 

Iq  view  of  all  these  facts,  well  known  to  the  great  body  of  the  citi- 

IttMofthe  United  States  engaged  in  fisheries  and  embracing  every  va- 

Iriety  of  interest  connected  therewith,  from  the  wholesale  dealer,  vessel- 

jowucr,  ami  outfitter,  to  that  portion  of  the  crow  who  receive  the  smallest 

Ifhareof  tiio  venture,  it  must  be  considered  as  conclusively  established 

Itbat  there  would  bo  no  material  value  whatever  in  the  grant  by  the  Brit- 

lish  Government  to  American  fishermen  of  absolutely  free  fishing;  and 

lintbis  conclusion  it  will  be  seen,  by  a  reference  to  the  testimony,  that 

lall  these  interests  fully  concur. 

It  will  also  be  noticed,  on  reference  to  the  evidence,  that  it  appears  to 
jilioff  that  when  by  force  of  the  treaty  of  1871  Canadian  fish,  bot'  salt  and 
h,  were  admitted  to  the  markets  of  the  United  States  free  of  duty, 
JDofall  of  prices  to  the  consumer  took  place,  and  that  the  abrogation  of 
Itliedaty  simply  redounded  to  the  advantage  of  the  foreign  fishermen  or 
[the  foreign  dealers  in  fish  exporting  the  same  to  the  United  States ;  and 
kbatwhen,  on  the  Ist  of  July,  1885,  the  duty  on  salt  fish  was  revived, 
BO  part  cf  this  duty  was  borne  by  the  consumers  in  the  United  States, 
bd  that  tbo  cost  of  fish  in  the  United  States  was  not  at  all  affected. 
it  would  follow  that  the  Gums  received  into  the  Treasury  from  these  fish 
jdaties  were  paid  and  borne  by  the  Canadians  alone.  A  parallel  instance 
salso  found,  on  reference  to  the  testimony,  in  the  statements  of  gen- 
flemen  engaged  in  exporting  salt  fish  from  the  United  States  to  other 
Mantries  where  duties  are  imposed,  these  gentlemen  stating  that  the 
|iity  thus  imposed  upon  fish  came  out  of  their  pockets  and  not  out  of 
ilie  pockets  of  the  foreign  consumers. 

As  regards  commercial  and  other  friendly  business  intercoure  bw- 

leea  ports  and  places  in  the  Dominion  and  the  United  States,  it  is,  of 

joarse,  of  much  importance  that  regulations  afiecting  the  same  should 

1  mutually  reasonable  and  fairlj-^  administered.    If  an  American  ves- 

|el  should  happen  to  have  caught  a  cargo  of  fish  at  sea  a  hundred  miles 

istantlrom  some  Canadian  port,  from  which  there  is  railway  commu- 

licatiou  to  tbo  United  States,  and  should  be  denied  the  privilege  of 

ping  and  shipping  its  cargo  therefrom  to  the  United  States,  as  the 

anadians  do,  it  would  be  of  course  a  serious  disadvantage,  and  there 

i,it  is  thought,  nothing  in  the  treaty  of  1818  which  would  warrant  su(!h 

oexclnsion.    But  the  Dominion  laws  may  make  suCh  a  distinction,  and 

lis  understood  that  in  fact  the  privilege  of  so  shipping  fish  from  Ameri- 

jaa  vessels  has  been  refused  during  the  last  year. 

litis  also  inconvenient  and  injurious  that  American  vessels  of  any 

practer,  whether  engaged  in  fishing,  or  licensed  to  toucli  and  trade, 

Tpurely  mercantile  vessels,  should  be  unable  in  cases  of  occasional 

?!«S8ity  to  resort  to  Canadian  ports  for  the  purpose  of  buying  supplies 

[any  commodities  that  the  ordinary  laws  of  the  Dominion  allow  to  be 

lorted  at  all.    Several  instances  of  such  injurious  and  unfriendly 

iion  appear  to  have  taken  place. 

Pe  treaties  between  the  United  States  and  Great  Britain  on  the  sub- 

tof  intercommunication  and  the  rights  of  the  citizens  and  subjects  of 

B  one  in  the  ports  and  territories  of  the  other  have  not  included  the 

ptish  dominions  of  North  America  (with  possibly  certain  exceptions 

jto  intercourse  by  land),  and  such  intercourse,  strangely  enough,  still 


58G 


AMERICAN  FISHERY   INTERESTS. 


remnins  the  Hiibjeofc  of  loffi«lation  moroly  in  the  two  countries.  SacJ 
legislation  to  l)o  toIeral)Io  lmls^  bo  inntimlly  frioudly  and  reciprocal  and! 
Iav78  upon  the  subject  must  bo  adininistere*!  fairly  and  ffenerouslyamll 
not  in  a  spirit  of  carping  at  small  matters  or  in  any  other  wiso  In  aa| 
unfriendly  way.  The  committee  is  pained  to  believe  that  sticli  luw  not! 
been  tlie  course  of  British  legislation  or  of  administrative  pracMce.     ] 

In  view  of  all  that  has  taken  place,  the  committee  thinks  it  to  bo  tlijl 
duty  of  the  United  Staces,  in  a  Arm  and  Just  way,  to  protect  ami  (iJ 
fend  the  just  and  common  rights  of  tiio  people  of  the  United  States! 
whether  fishermen,  or  traders,  or  travelers,  or  all,  by  all  siicli  ineaHiircuj 
as  may  bo  within  our  power.  The  measures  the  committee  propose  tol 
this  end  rest  upon  a  principle  universally  recognized  as  right  ami  nccesi 
sary  in  the  intercourse  of  nations,  and  it  has  often  been  resorted  to! 
one  form  or  another  by  many  nations. 

It  is  recommended  tliat  the  President  of  the  United  States  he  itiveste 
with  the  power,  and  that  it  bo  made  his  duty,  whenever  ho  shall  he nat 
isfled  that  ni^ust,  unfair,  or  unfriendly  conduct  is  practiced  by  tlio Brit- 
ish  Gove-nraent  in  respect  of  our  citizens  and  their  property  within  [hi 
ports  or  waters  of  the  British  dominions  in  North  America,  todcuyta 
the  subjects  of  that  Governraont  in  British  North  America  and  theii 
property,  or  to  any  classes  of  them,  such  privileges  in  the  waters  auj 
ports  of  the  United  States  as  he  may  think  proper  to  name,  and  tof 
pend  in  respect  of  such  vessels  or  classes  of  vessels  or  such  property 
or  classes  of  property  of  the  subjects  of  such  Government  the  righto 
entering  or  being  brought  within  the  waters  or  ports  of  the  Unit» 
States,  so  that  he  shall  be  able  from  time  to  time,  as  each  eraerKond 
may  arise,  to  preserve  the  intercourse  between  the  United  States  anl 
that  Government  in  a  state  of  fair  equality.  The  committee  therefor! 
recommends  the  passage  of  the  bill  (S.  3173)  herewith  reported. 

The  committee  also  recommends  that  the  papers,  documents,  an 
maps  herewith  returned  be  printed. 

AH  of  which  is  respectfully  submitted. 

GEO.  F.  EDMUNDS, 
For  the  Commitk. 


|49th  Congress,  2d  scaalon,  S.  3173.] 

A  bill  to  authorize  the  President  of  the  United  States  to  protect  and  defend  the  righti^ 
American  fishing  vessels,  American  fishermen,  American  trading  and  other  retieU,  in  ( 
tain  cases,  and  for  other  purposes. 

» 
Be  it  enacted  by  the  Senate  and  House  of  Bepresenlatives  of  the  United  Statei  of  An 
in  Congress  assembled.  That  whonever  the  President  of  the  United  States  shall  be  J 
isfled  that  American  fishing  vessels  or  Aniericau  fishermen,  visiting  or  being  in  tM 
waters  or  at  any  ports  or  places  of  the  British  dominions  of  North  America,  are  J 
then  lately  have  been  denied  or  abridged  in  the  enjoyment  of  any  righta secured! 
them  by  treaty  or  law,  or  are  or  then  lately  have  been  nnjnstly  vexed  or  Larassedl 
the  enjofinout  of  sncli  .ights,  or  subjected  to  unreasonable  restrictions,  regulationf 
or  requirements  in  respfct  of  such  rights;  or  whenever  the  President  of  tbe  UniM 
States  shall  be  satisfieU  that  any  such  fishing  vessels  or  fishermen,  having  a  petfl 
under  the  laws  of  the  United  States  to  touch  and  trade  at  any  port  or  ports,  plawj 
places,  in  the  British  dominions  of  North  America,  are  or  then  lately  Iiavc  beenf 
nied  the  privilege  of  entering  such  port  or  ports,  place  or  i)lacps,  in  tlio  samu  maDiil 
and  under  the  same  regulations  as  may  exist  therein  applicable  to  trading  vcsselij 
the  most  favored  nation,  or  shall  be  unjustly  vexed  or  harassed  in  respect  therr 
or  shall  be  prevented  from  purchasing  such  supplies  as  may  there  be  lawfnllv' 
to  trading  vessels  of  the  most  favored  nation  ;   or  whenever  the  Presideut  on 
United  States  shall  bo  satisfied  that  any  other  vessels  of  the  United  States,.* 
masters  or  crews,  so  arriving  at  or  being  in  such  British  waters  or  ports  or  pi* 


m 


AMERICAN   FISHERY   INTERESTS. 


587 


Lrtlii BritiHii  dominions  of  North  America,  are  or  then  lately  have  been  denied  any 
|V[i,.,riviltign»  thoroin  aooon'.ed  to  the  vossoIh,  tholr  inuatera  or  crewH,  of  the  inoitt 
Ibvop^il  nation,  or  unjustly  vuxod  or  haroHsed  in  roHpoct  of  the  aanio,  then,  and  in 
liilber  or  ail  of  huoIi  caaea,  it  ahnll  bu  lawAil,  and  it  ahall  bo  the  duty  of  the  Proai- 
(fenliif 'li*  United  States,  in  hi»  diauretiun,  by  procluinatioa  to  that  efloct,  to  deny 
lenels,  their  inaNteri*  and  crowa,  of  the  Britiah  dominiona  of  North  America,  any 
I  „„ce into  the  waters,  porta,  or  nlacea  of  or  within  the  United  States  (with  auci: 
iMMp'wnsiii  roKard  to  vosaela  in  Aiatrosa,  atroas  of  weather,  or  needing  aupniiea  us 
llo the  President  aliall  aoem  proper^,  whether  auch  Teaaola  shall  have  oomo  directly 
IfroDi  »«i'l  Jominiona  on  anch  destined  voyaffo  or  bjs^  woy  of  aome  nort  or  place  in 
Imcb  dMtinwl  voyage  eiaewhoro;  and  also,  Ir  ho  think  proper,  to  aeny  entry  into 
lurportor  place  of  the  United  Htatea  of  freah  llah  or  suit  fish  or  any  other  i)n)duct 
lofaaid dominions,  or  other  eooda  coming  from  said  domtuiona  to  the  United  States. 
IThe  President  may,  in  hia  discretion,  apply  Huch  p-oola'nation  to  any  part  or  to  all 
■of  the  foregbing-uamod  subjects,  and  may  qualify,  limit,  and  renew  such  proctamu- 
ItloDfrom  time  to  time  as  he  may  doom  noocHsary  to  the  full  and  Juat  execution  of 
llhe  purposes  of  this  act.  Every  violation  of  any  such  proclamation,  or  any  part 
Itbereof,  is  hereby  declared  illegal,  and  all  veHsels  and  goods  ao  coming  or  being 
Ifithiii  the  waters,  porta,  or  places  of  the  United  States  contrary  to  such  ^)roclama- 
ItioDDbailbe  forfeited  to  the  United  States;  and  such  forfeiture  ahall  bo  ontorcod  and 
Ipmeeded  npon  in  tiioaamo  manner  and  with  the  same  efloct  as  in  the  case  of  vessela 
lot  |!oods  whose  importation  or  coming  to  or  being  in  the  wateraor  porta  of  thn  United 
|8t«tM  contrary  to  law  may  now  bo  enforced  and  proceeded  upon.  Every  peraon  wh<' 
lilull  violate  any  of  the  provisions  of  this  act,  or  such  proclamation  of  tho  President 
luixie  ill  parsnauce  hereof,  shall  bo  deemed  guilty  of  a  misdeoieanor,  and,  on  convic- 
Ition  thereof,  shall  be  punished  by  a  flno  not  exceeding  one  thousand  dollars,  or  by 
linpriBODment  for  a  terni  not  exceeding  two  years,  or  dj  both  said  punishiDODts,  in 
Itltediooretion  of  the  court. 


AMERICAN  FISHERY  INTERESTS. 


IF  THE  SENATE  OP  THE  UNITED  STATES. 


Testimony  taken  by  a  suhcommittee  {consisting  of  Senators  Edmwvh, 
Frye,  and  Saulsbury)  of  the  Committee  on  Foreign  Affairs,  under  tk  j 
folloioing  resolutions  of  the  Senate,  of  the  25th  of  July,  1886: 

Resolved,  That,  the  Committee  on  Forcipn  Eelations  ho,  anu  it  hereby  is,  instructed  1 
to  inquire  into  the  rig,  its  of  American  fishing  vessels  and  merchant  vessels  w itbin  I 
the  North  American  possessions  of  the  Queen  of  Groat  Britian,  and  whether  I'Dy  I 
rightsof  such  vessels  have  been  violated,  and,  if  so,  to  what  extent;  thiit  said  coni- : 
mi<^toe  report  upon  the  subject,  and  report  whether  any  and  what  stepb  aro  nece«iry  I 
to  be  taken  by  Corgress  to  insure  tho  protection  and  vindication  of  the  rightsof  citj 
izeus  of  the  United  States  in  the  premises;  and  that  said  committoo  Lavopow.rloj 
send  for  persons  and  papers,  to  employ  a  stenographer,  and  to  sit  during  the  rcccssof  j 
the  Sena+o,  either  ac  a  full  committee  or  by  any  subcommittee  thereof,  acd  thatanyl 
such  subcommittee  shsli  for  the  purposes  of  such  investigation  bo  a  committee  of  tliel 
Senate  to  all  intents  an<;l  purposes. 

Resolved,  That  the  necessary  ex]ienses  of  said  committee  in  "aid  investigation  bel 
pai'i  out  of  the  appropriation  for  the  raiscoUaneons  items  of  the  contingent  fund  ofj 
the  Senate^  upon  vouchers  to  be  approved  by  tho  chairman  thereof. 


TESTIMONY  OF  GEORGE  H.  WATTS. 

Boston,  Mass.,  September  30, 1886. 

GBOKGB  H.  WATTS  sworn  and  examined. 

By  Senator  EDMUNDS: 
Question.  What  io  your  ago? — Answer.  Forty-niuo  last  April. 
Q.  Where  do  you  reside? — A.  In  Charlestown,  Mass. 
Q.  What  is  your  occi^pation  ? — A.  Wholesale  tish  dealer  in  Bostoi|i 
Q.  How  long  have  you  been  in  that  business? — A.  It  will  be  seventwij 
years  the  Ist  of  December  coming;  I  think  that  is  about  tbo  time. 

FRESH  FISH. 

Q.  Do  you  deal  in  both  salt  and  fresh  fish?— A.  No,  sir;  oxclii<ivelJ 
in  fresh  flsh. 

Q.  What  kinds  of  fresh  flsh  chiefly  ?~A.  Cod,  haddock,  halibut,  maa 
erel,  blueflsh,  sword-fish,  hake,  cusk,  pollock,  and  flounders.    Those  iin 
the  principal  fish  we  have.      Of  course  we  have  eels  and  j/crcLau^ 
all  those  small  fishes,  that  we  deal  in  to  a  small  extent,  m  well 
herring  in  the  winter. 


AMERICAN  FISHERY   INTERESTS. 


589 


Q.  About  bow  many  diflfereut  vessels*  iu  rouutl  numbers,  copie  to 
deliver  tbeir  catch  to  you  in  a  season! 

The  Witness.  That  is,  taking  in  all  varieties  of  lishT 

Senator  Edmunds.  AI'  varieties. 

A.  I  sbould  say  at  least  four  hundred.    You  will  understand,  gen 
tleineu,  tbat  I  don't  mean  to  say  that  they  run  continuously,  but  we 
lave  that  many  different  vessels. 

Q.  About  what  would  be  the  average  number  of  persons  employed 

jii  a  vessel,  including  captain  and  all  hands? — A.  They  will  average, 

I  should  aay,  fifteen  men  to  a  vessel;  some  will  not  carry  more  than 

I  twelve,  while  others  might  carry  twenty;  I  don't  think  the  average 

I  woald  be  far  from  fifteen. 

Q.  What  portions  of  the  seacoast — and  by  "coast"  I  mea;i  all  the 

Jauks  from  the  south  to  the  extreme  northeast — do  all  those  vessels 

Lyjrf—A.  They  cover  all  the  fishing  territory  between  the  North  Bay, 

•  Nova  Scotia,  and  the  Grand  Banks,  Georges,  and  all  the  intermediate 

[fisbinjr  grounds  to  the  south  of  us. 

Q,  How  far  south  does  that  go? — A.  They  go  as  far  as  Pollock  Rrp 
laud  Cape  Hatteras.  Perhaps  I  may  be  in  error  about  that ;  I  refer,  of 
Iconrse,  to  the  southern  border  of  the  mackerel  fishing. 

Q,  What  is  the  southernmost  trip  taken  by  any  vessel  that  comes  to 
lyouheret— A.  Cape  Hatteras.  Fishing  is  only  of  short  duration  in 
jthe  spring. 

EXTENT  OP  FISHERIES. 

Q.  About  how  many,  should  you  think,  of  these  different  vessels  fish 

|it  some  time  during  the  season  in  waters  to  the  north  and  east  of 

United  States  territory? — A.  I  should  say  at  least  two-thirc'.s  of  the 

ithole  fleet  during  the  year.    Perhaps  I  can  explain  that  a  little  further, 

)  that  you  will  understand  it  more  readily.    Some  parts  of  that  fleet 

till  go  in  the  winter  after  frozen  herring;  many  of  them  will  go  down 

^hat  is  called  Fortune  Bay  and  Bay  of  Islands;  others  will  go  down 

(Grand  Manan,  opposite  Eastport,  Me.;  then  there  are  others  that 

ithe  spring  of  the  year  will  go  off  on  some  of  tho&e  grounds  adjacent, 

fter  codfish,  on  what  is  called  the  Cape  Shore;  Cape  Negro  is  another 

they  make ;  and  others,  of  course,  will  go  on  to  the  neutral 

[rounds,  the  Banks.    The  mackerel  fleet  will  go  all  along  the  northeast 

»ast  down  as  far  as  North  Bay.    I  think  that  is  about  tne  terminus. 

fliey  also  catch  some  halibut  in  those  waters. 

FISHING  SEASONS. 

[  Q.  What  is  the  mad  ATel  season  in  those  waters  1 — A.  Generally  from 
'«at  the  Ist  of  July  until  the  1st  of  September ;  that  is  what  they 
1  the  mackerel  season,  but  they  often  catch  them  later.  They  have 
Ngiit  them  this  year  until  the  last  part  of  September. 
IQ.  What  is  the  halibut  season  up  there? — A.  On  the  Banks  that  is 
perally  the  year  round.  Of  course  they  catch  more  in  the  summer 
N  ill  the  winter,  but  when  the  weather  is  not  too  boisterous  they  go 
Nyoarrouud. 

vl  Are  any  other  kinds  of  fish  taken  there  except  mackerel  and  hali- 
F-  Yes;  they  take  salmon  and  some  shad.  I  suppose  you  would 
Pt  call  them  ocean  t'sh,  although  many  of  them  arc  caught  in  the 


FISHING  LOCALITIES. 


^Theyaro  caught  within  three  miles  of  the  shore  line!— A.  Yes,  sirj 
■^atinany  salmon  are  caught  in  St.  John  Harbor. 


590 


AMEBICAN  FISHERY  INTEBESTS. 


Q.  You  do  not  get  any  s&lmon  or  haddock  to  speak  of  in  tho» 
wateil3? — A.  No,  sir;  I  don't  think  tliey  get  any  haddock  down  tkn 
CO  speak  of;  they  may  get  a  few  around  Digby. 


METHODS  OF  TREATMENT. 

Q.  The  codfish  our  people  catch>  up  there  are  salted  there,  are  thei 
not? — A.  Yes;  most  of  them  are  cured  in  the  vessel.  1 

Q.  Is  not  that  true  also  of  mackerel f — A.  Yes,  sir;  though  uo mackl 
erel  come  from  there  except  by  steamer.    We  have  had  one  steamer] 
called  the  Novelty,  that  has  run  four  or  five  courses.    She  was 
for  that  business,  and  generally  runs  four  or  five  trips. 

THE  CASE  OF  THE  NOVELTY. 

Q.  The  Novelty  is  the  vessel,  is  she  not,  about  which  there  hiis  beei 
some  difficulty  ?— A.  There  has  been  some  contrqversy;  I  hardly  t 
there  has  been  any  difficulty.  Captain  Jones  says  he  has  not 
molested  to  any  extent,  but  they  would  not  allow  him  to  land  to  gej 
coal.  They  claimed  that  coal  was  not  provided  for  by  the  langaagee 
the  treaty  allowing  vessels  to  land  for  wood,  water,  shelter,  and  t"i, 
pair  damages.  They  claimed  that  wood  and  water  were  all  that  rfai 
allowed  to  be  landed  for  under  the  terms  of  the  treaty,  and  they  woalj 
not  allow  him  to  take  in  coal.  He  tried  to  land  on  the  Magdalen  Island 
for  coal,  claiming  that  that  was  neutral  ground,  but  they  would  not  allo^ 
that. 

Q.  Is  Boston  the  home  port  of  that  vessel? — A,  No,. sir;  her  hoa 
port  is  Portland. 

THE  THREE-MILE  LIMIT. 

Q.  Tell  us  what  you  know  and  think  as  to  what  proportion  of  tbeJ 
fish,  before  the  expiration  of  the  last  treaty,  were  caught  within  tlj 
three-m^le  limit,  saying  nothing  about  the  headland  question.— A. 
have  made  some  inquiries  at  dift'erent  seasons  in  regard  to  the  fid 
caught  within  the  three-mile  limit,  and  although  I  do  not  speali  by  i\ 
thority,  yet,  as  nearly  as  I  can  ascertain,  the  amount  of  iish  caughtda 
ing  the  term  of  the  last  treaty,  twelve  years,  did  not  exceed  $764,0 
worth  in  the  markets. 

By  Senator  Frye  : 
Q.  Do  you  mean  as  sold  in  the  markets? — ^A.  Yes;  that  was 
market  value. 

By  Senator  Edmunds: 
Q.  What  do  our  vessels  have  occasion  (supposing  they  are  not  to  J 
inside  the  three-mile  limit)  to  go  inside  for?— A.  A  vessel  might  get o 
of  ice  when  fresh  fishing,  or  it  might  get  out  of  stores,  or  water,! 
something  of  that  description.    Aside  from  that,  nothing  butstressj 
weather,  I  should  suppose,  would  drive  them  in. 

BAIT. 

Q.  How  is  it  as  to  the  question  of  bait?— A.  Of  course  that  is  ac 
tingency  to  be  looked  at;  still  I  think  there  is  no  trouble  about  ourj 
sels  getting  all  the  bait  they  want  in  our  own  waters,  if  tlio  Canaa| 
ports  were  closed  entirely  so  that  they  could  not  go  iu  there  ataU. 


AMEEICAN    FISHERY   INTERESTS. 


•591 


Q.  Take  mackerel,  for  instance;  what  is  the  bait  used  for  them? — A. 
Ilhevare  not  taken  witL  bait,  but  -with  seines. 

I  Q.  The  great  mass  of  mackerel  are  now  taken  in  purse  seines? — A. 
I  Yea;  you  might  say  the  ontire  lot. 

Q.  What  kind  of  bait  is  used  for  halibut? — A.  Herring  to  some  ex- 
Itent,  but  squid  almost  ontii'ely.  Sometimes  they  take  out  salt  bait  if 
Ifreshbait  is  not  plentiful.  My  theory  in  regard  to  that  subject  in  that 
jourvessols  have  been  so  used  to  go  into  Canadian  portR  for  bait  because 
Itheycau  get  it  there  so  cheap,  that  it  has  done  away  with  them  taking 
la  supply  of  bait  with  them  when  they  sail.  They  are  afraid  to  go  for 
jbait,  for  fear  they  cannot  find  a  market  for  it.  I  think  herring  can  bo 
Itaken  in  our  own  waters  all  the  year  round. 

MENHADEN. 

Another  important  point  in  that  connection  is  the  menhaden  question. 
Ilf  onr  Government  would  look  at  that  question  as  we  look  at  it,  and 
Iprohibit  those  steamers  from  catching  menhaden  for  oil,  which  Jias 
riven  them  off  of  our  shores  almjst  entirely,  we  would  have  plenty  of 
menhaden  all  the  time.  But  these  steamers  begin  in  the  spring  and 
jeatcli  them  at  all  seasons,  and  grind  them  up  for  oil,  and  that  has  a 
IstroDg  tei  dency  to  drive  the  menhaden  from  our  shores. 

By  Senator  Fete  : 

Q.  Are  they  good  bait? — A.  Splendid  bait. 

Q.  You  would  prohibit  that  entirely? — A.  I  don't  know  as  to  that. 
Bat  it  seems  to  me  really  that  if  this  controversy  is  going  to  continue 
letween  the  two  countries  in  regard  to  tlie  fisheries,  we  ought  to  use 
[every  endeavor  and  evory  resource  we  have  to  procure  our  own  bait. 
(Steamers  go  out  and  catch  menhaden  and  porgies  expressly  for 
^il purposes;  the  steamers  are  built  for  that  purpose;  they  take  them 
1  large  quantities,  and  have  done  so  for  years,  until  the  last  year  or 
TO,  when  they  have  scarcely  been  able  to  get  any.  They  take  all  that 
iones  along  and  grind  them  up  for  oil.  Our  fishermen  of  course  have 
) go  without  that  bait,  from  the  fact  that  they  cannot  find  any.  If 
lomething  was  done  by  legislation  to  prevent  those  steamers  from  catch- 
ing menhaden  for  a  certain  length  of  time  we  would  have  them  back  on 
pr  shores. 

By  Senator  Edmunds: 
Q.  Would  not  the  effect  of  what  also  be  to  bring  in  the  olueflsh,  mack- 
eUndall  other  shcT*e  fish? — A.  I  should  not  be  at  all  surprised  if 
ki  would  have  some  e^ect  o    those  other  fishes.    We  now  get  almost 

^oblueiish. 

BAIT. 

Q,  What  kind  of  bait  is  found  on  the  Banks  and  up  to  the  northeast? — 
M  do  not  know  reallv  in  regard  to  that.  I  think  you  will  get  more 
Koraiatiou  on  that  subject  at  Provincetown  than  I  can  give  you,  as  T 
(ave  never  been  engaged  in  that  kind  of  fisherj'.  I  suppose,  however; 
Ntbey  use  the  same  bait  that  wo  do  in  our  business — squid,  herringj 
«(1  those  small  fish. 

i  Q.  Are  the  codfish  taken  with  salted  bait?- 
Nte  salt  bait. 

IQ.  They  have  salt  enough  in  the  sea  for  their  purposes  ? — A.  Yes. 
wydo  not  bite  herring  even  as  well  as  ibey  do  squid. 


-A.  They  are  very  loth  to 


592 


AMERICAN  FISHERY  INTERESTS. 


THE  MARKET  FOR  FRESH  FISH. 

Q.  Where  do  these  great  quantities  of  fr  esh  fish  go  that  pa&s  tbrough  ^ 
the  hands  of  yourself  and  your  fellow-dealers  hero  in  Boston f-A  I 
They  are  shipped  all  over  the  country,  fsir  and  near.    We  ship  them  as  j 
far  west  as  Saint  Louis,  and  even  at  times  as  far  as  Kansas  City.  We 
ship  them  all  through  the  western  part  of  New  York,  to  Michigau 
Wisconsin,  and  through  +ho  Canadas,  and  north  through  our  own  east 
ern  and  middle  States. 

THE  THREE-MILE  LIMIT. 

Q.  Can  you  tell  me  in  generpA  what  you  think  is  the  relative  propor- 
tion, say  of  mackerel,  that,  before  the  three  mile  treaty  expired,  wre] 
caught  within  the  three  miles,  to  those  caught  without?— A.  No, l| 
don't  think  I  can  tell  you  perhaps  as  well  as  some  gentlemen  can  at] 
Gloucester  on  that  point.    My  opinion,  however,  would  be  that  llieJ 
proportion  caught  inside  would  be  very  small ;  in  fact,  according  to  thej 
statistics,  that  must  be  so.    Again,  it  is  very  seldom  that  our  vesselsgof 
down  in  the  bay  for  mackerel  when  we  have  mackerel  iuor^-owu  \ 
The  bay  is  regarded  by  our  fishermen  as  the  last  resort  for  mackerei 
when  they  cannot  be  taken  nearer.    It  is  only  when  the  mackerel  arJ 
driven  inshore  by  dog-fish  or  blaeflsh,  or  some  of  the  larger  fishes,  thati 
you  can  catch  mackerel  close  to  shore.    They  mostly  keep  out  nnlesi 
they  are  driven  in  by  some  fish  obnoxious  to  them. 

.  Q.  How  would  that  be  with  the  cod  ? — A.  I  don't  think  that  our  menj 
go  there  often  for  cod;  1  do  not  think  there  are  many  cod  ou  the  shorej 
down  there;  I  never  heard  of  many  being  caught  alongshore;  tbea 
are  mostly  taken  on  the  banks  and  out  to  sea. 

Senator  Edmunds.  1  know  that  the  fishermen  on  the  north  sherd 
of  the  Bay  of  Chaleur  and  along  that  coast  go  oflF  into  the  bay  as  rauc^ 
as  ten  miles  to  catch  their  cod. 

The  Witness.  Go  down  to  Yarmouth,  and  you  will  find  them  outte^ 
to  twelve  miles  from  shore. 

Q.  Taking  the  results  of  your  observation  and  information,  wk 
would  you  consider  the  real  value  to  our  fishermen  of  the  right  to  f ' 
within  the  three-mile  limit,  saying  nothing  about  the  bal^  question  ?-i 
As  far  as  I  can  ascertain,  from  talking  with  our  most  intelligent  tislita 
men,  I  think  there  would  not  be  one  dissenting  voice  if  they  were  es 
eluded  entirely  from  the  three-mile  limit ;  that  is,  that  they  should  m 
go  within  three  miles  of  the  shore;  I  do  not  mean  within  a  liuodraffl 
from  headland  to  lieadland.  The  bluefish  that  are  caught  within  till 
three-mile  limit  are  no  account  at  all. 

Q.  Are  not  all  the  fish  along  our  coast  that  amount;  to  anytbinj 
caught  outside  the  three-mile  limit  ? — A.  Yes,  pretty  much. 

duties  01%   FISH. 

There  is  one  thing  perhaps  I  ought  to  state  in  regard  to  the  duties  ( 
fish.  I 

Senator  Edmunds.  That  has  a  bearing  upon  the  international  qnfl 
tion,  and  we  would  like  to  hear  your  views  about  that.  I 

The  Witness.  I  havo  studied  this  question  somewhat,  and  havefij 
lowed  the  legislation  of  Congress  with  some  particularity  as  far  asitli 
gone,  and  I  have  found  that  there  was  no  one  before  the  coumiiitie  j 
Washington  to  explain  to  that  committee  what  effect  the  duties  on  I 


AMERICAN  FISHERY  INTERESTS 


593 


from  a  foreign  port  would  Lavo  I'non  the  consumer.    I 
tbai  Mr.  "West  and  Mr,  Blackford,  of  New  York,  and  1 


think  I  saw 
tbai  Jlr.  uesc  ana  xur.  xjiacKuuu,  oi  xsew  xoik,  aiiu  i  think  one  or 
I  two  ft'oi"  Boston — I  think  Mr.  Jones  was  ofie  of  them — stated  to  that 
tommitteo  that  they  wanted  free  fish  becaut»e  it  would  cheapen  food- 
folies  to  tlie  consumer.    In  my  opinion  the  result  would  bo  entirely  dif- 
ferent.   The  imposition  of  a  dollar  a  hundred  as  duty  on  fish  coming 
into  our  market  would  not  have  the  effect  to  cheapen  fish  to  the  con- 
I  siiiiier.   Everybody  should  understand  the  question  as  we  see  and  know 
I  it  to  be.    The  retail  markets  all  over  the  couutry — south,  west,  north, 
.),ii)  east— always  have  a  stated  price  the  year  round  for  fish — a  cei'- 
tiiii  price  for  codfish,  for  haddoci*,  for  halibut  and  for  mackerel,  and 
Itliatis  tlie  price  that  they  continue  to  have  whether  they  buj'  cheap  o." 
Iilear.  Tliey  buy,  of  course,  at  wholesale,  like  myself,  as  a  rule.    But 
I  whereas  we  rise  and  fall  with  the  market,  as  the  market  is  sustained  by 
(tlie  quantity  that  is  brought  in,  they  have  a  steady  price  the  year  round. 
Jlfthey  iuc  worth  $1.50,  the  addition  of  $1  duty  would  make  them  sell 
jfor^L'ioO.    If  there  was  no  duty,  they  would  sell  for  $1.50.    But  the 
Itonsmner  lias  to  pay  the  same  price  with  '■•"  without  duty.    The  same 
Iprinciple  holds  ,-ood  with  reference  to  cod  .        "liaddock.    I  think  the 
IpartieswLo  made  that  statemeut  before  tue  committee,  that  free  fish 
|wu!(l  tend  to  cheapen  fish  to  the  consumer,  were  laboring-  under  a  mis- 
Ibike. 
Then,  again,  there  is  another  thing  which  is  going  to  be  of  very  great 
importance  to  the  Ushers  off"  our  coast,  if  our  Government  gives  them 
llielree  right  to  come  into  our  markets  with  fresh  fish  as  well  as  salt. 
|lsa\  it'  there  is  going  to  be  duty  on  either  let  it  be  on  l)oth.    Duties 
isiiltlish  will  not  help  you  if  you  leave  the  markets  o\wu  for  Iresh 
(Esh,  Ualifax,  St.  John,  Montreal,  and  Quebec  arH  great  railroad  and 
Keamboat  centers.     Now,  if  fish  are  allowed  to  come  into  our  country 
peit  will  bo  the  easiest  thing  in  the  world  to  distribute  those  fish  from 
lie  first  of  November  to  the  first  of  April  from  all  those  points  all 
llirough  om- country  at  a  good  deal  let5S  price  thau  we  can  buy '.;jMu 
Hrom  the  vessels  and  at  a  less  price  than  our  vessels  can  afford  to 
jatcb  them  for. 

FEESH  FISn  SHIPPED  TO  THE  WEST  AND  SUBSEQUENTLY  CUBED. 

Illie  duties  on  salt  fish  being  so  much,  fresh  fish  might  be  shii)ped 
rash  to  Chicago,  and  other  points  west,  and  there  cured.  How  are 
Wgoiugtostop  it? 

iQ.  That  is,  they  are  shipped  as  fresh  fish  and  cured  afterwards? — A. 
h]  shipped  for  immediate  consumption,  according  to  the  construction 
itliclaw,  but  when  they  get  there  they  are  put  into  salt. 

CANADIAN  DUTY. 

ITheCanadiaii  (Jovernnient  last  summer  passed  a  law  imposing  a  duty 

pieentsou  lish,  and  yet  I  ship  to  Quebec  or  Montreal,  having  to  pay 

W,^  ^r  50  cents  a  hundred.     I  can  illustrate  this  by  stating  a  trans- 

piou  that  took  piace  at  Yarmouth  last  spring.    Oue  of  our  vessels 

^tout  liaddocking  on  the  Georges  and  got  blown  out  of  her  course. 

You  moan  Yarmouth,  Nova  Scotia? — A.  Yes;  hi^  made  port  at 

fiiiuiiih.    lie  had  from  12,000  to  20,000  fish.     Of  course  he  did  not 

'"tto  keep  them  while  going  back  to  the  Banks,  for  fear  of  losing 

ttii,iuul  so  he  sold  them  in  Yarmouth  ;  1  think  he  got  $92  or  $0;3  Ibr 

ptlie  had.    Before  he  got  paid  for  them  and  got  away  the  custom- 

i  folks  came  down  on  him  and  made  him  pay  a  little  more  for  duty 

8.  Ex.  113 38 


594 


AMERICAN   FISHERY   INTERESTS. 


tlian  he  got  for  liis  fish.    The  purchasers  boxed  them  up  and  sold  them  ■ 
here  in  the  Boston  market. 

Q.  The  same  identical  fish  f — A.  The  same  identical  fish. 

By  Senator  Feye  : 
Q.  Do  you  know  what  he  got  for  them  ? — A.  I  think  it  was  $2.o6- 
they  were  scarce  at  the  time  when  they  happened  to  come  iu.  It  is  1 
quite  a  large  question,  of  course,  but  the  interest  at  stake  here  allaloD" 
our  coast  1  think  is  large  enough  to  justify  our  Government  in  taking! 
hold  of  it  with  a  proper  degree  of  earnestness.    We  have  $37,O()O,0(X)j 
invested  in  our  fisheries,  and  it  seems  to  me  wo  have  some  rigiit  to  proi 
tection  at  the  hand  of  our  Government. 


NATIONALITY  OF  FISHERMEN. 

By  Senator  Edmunds  : 

Q.  What  is  the  nationality  of  the  majority  of  these  fifteen  or  twenty] 
men  to  the  vessel  who  come  to  this  port? — A.  So  far  as  I  understand] 
it  1  should  say  that  they  are  about  half  Nova  Scotiamen;  perhaps  the! 
proportion  is  even  larger  than  that.  You  can  ascertain  tiiat  uiorej 
dcUnitelj'^  in  Gloucester.  There  are  some  very  progressive  men  in! 
Gloucester,  and,  it  you  are  not  acquainted  with  parties  there,  I  cau  givej 
you  the  names  of  some  gentlemen  who  are  large  owners,  and  wboaref 
interested  in  the  question  accordingly. 

Senator  Edmunds.  Before  you  leave  the  room,  please  write  tbeiii 
names  down  and  give  the  list  to  the  clerk. 

The  W^iTNESS.  You  will  also  be  able,  I  think,  to  obtain  mucli  inforniaj 
tiou  at  Portland. 

THE  fishermen's  SHARE  OF  THE  PROFITS. 

By  Senator  Frye  : 

Q.  What  proportion  of  the  estimjited  price  of  fish  do  the  flsberineoj 
themselves  get  f 

The  Witness.  You  are  speaking  of  our  own  fishermen  and  of  fislj 
caught  in  our  own  waters  ? 

Senator  Frye.  Yes. 

A.  To-day,  for  instance,  the  market  is  bare  and  prices  are  liigli 
Haddock  sold  to-day  as  high  as  $5  a  hundred. 

By  Senator  Edmunds  : 

Q.  Do  you  mean  a  hundred  pounds,  or  a  hundred  flsli?— A.  Ahuu 

dred  pounds.    We  paid  $5  to  tho  fishermen,  and  we  sell  them  for$5.5f 

By  Senator  Frye  : 

Q.  What  does  the  retailer  get? — A.  Different  prices  in  difien'i^ 
places ;  7  cents  a  pound  is  the  price  lor  haddock,  and  10  cents  forco' 

Q.  What  proportion  will  the  retail  price  bear,  on  the  average,  tl 
what  the  fishermen  get?  Will  the  fishermen  get  half ?— A.  Oli,  uo;  r 
suppose  they  do  not  get  over  one-third.  As  a  rule  the  lishermeu  gtj 
within  half  a  cent  of  what  the  dealers  get,  whether  the  price  is  liigli  i 
lov  .  Sometimes  they  get  more  than  the  dealers,  if  the  dealers  bappej 
to  buy  too  high. 

^^^C'n         FROZEN  FISH. 

Q.  What  do  you  know  about  the  freezing  processes  that  baveol 
taiued  in  the  last  ten  or  twelve  years?— A.  I  think  they  have  beeuj 
great  detriment  to  the  business. 


AMERICAN   FISHERY   INTERESTS. 


595 


Q.  Wluit  are  tlio  processes? 
lie  Witness.  You  mean  the  way  they  are  cured  7 
Senator  Frye.  Yes. 

A.  The  cold  air  acts  on  tbe  lisli  so  as  to  presevve  tUeiu,  the  same  as 
I  salt  does.  Kelrigerating  houses  are  built  in  which  the  fish  are  hung 
on  books  uutil  frozen.  The  interior  of  those  liouses  is  intersected  with 
cold-air  pipes,  and  over  the  top  of  the  interior  are  placed  ice  and  ialt. 
[These  pipes  rnn  into  the  freezing-room  and  reduce  the  temperature 
[down  to  a  point  considerably  below  zero  sometimes,  but  as  a  rule  from 
livetoteii  above  zero. 

Q.  How  long  can  those  fish  be  preserved  in  that  way  ? — A.  Just  as 
Ijong  as  tbey  can  be  kept  from  thawing. 

I  Q.  Suppose  a  cargo  of  those  frozen  fish  were  to  come  from  St.  John, 
bew  Brunswick,  in  a  car  ?— A.  When  the  weather  is  not  too  warm  you 
lean  keep  tbem  all  winter. 
Q,  Do  you  keep  them  in  refrigerators  ? — A.  JSot  in  the  winter  lime. 
Q.  In  the  summer.they  have  to  be  transported  in  refrigerator  cars  ? — 
|A,  Yes;  going  west,  they  generally  go  in  refrigerator  cars. 

Q.  So  that  a  cargo  offish  might  arrive  here  in  Boston  in  the  suuuner 
|ind  be  distributed  all  over  the  country  ? — A.  Yes. 

Q.  And  be  preserved  for  a  considerable  time  ? — A.  Yes.  There  is  no 
Itrottble  abort  keeping  fisli  after  they  are  once  frozen ;  they  will  continue 
|tokeep  as  long  as  they  can  be  kept  from  thawing. 

Q.  1)0  most  of  the  vessels  take  ice  ? — A.  Yes,  but  the  ice  does  not 
[freeze  tbe  fish,  it  only  serves  to  keep  them. 
Q.  What  do  you  do  with  them  after  you  get  them  in  the  Boston  mar- 
iett— A.  We  take  them  out  and  put  them  in  ice-boxes,  and  immediately 
jihip  them  to  the  parties  who  order  them. 
Q,  And  you  can  send  them  all  over  the  country  ? — A.  Not  in  the 
mmmer  time.    It  costs  more  to  ship  them  in  the  summer  than  in  the 
rinter. 

Q.  What  is  the  average  time  that  they  are  kept  fresli  in  the  summer, 

w  the  time  they  are  taken  up  to  the  time  they  are  consumed? — A.  1 

ihould  say  about  six  days  from  the  time  they  are  taken  frora  the  water; 

|liatis,  averaging  right  through,  all  kinds  offish. 

Q.  Then  it  is  six  days  after  they  are  taken  before  the  consumer  gels 

lem!— A.  Yes,  on  the  average. 

I Q.  In  tuo  w  inter  how  long  is  the  average  ? — A.  That  depends  on  the 
ate  of  tbe  fish.  Sometimes  fish  are  caught  in  extremely  cold  weather 
N  the  weather  freezes  them ;  such  fish  you  can  keep  a  long  time. 
[isli  that  are  brought  iu  in  ice  in  the  winter  will  not  keep  any  longer 
win  the  summer. 

[Q.  Suppose  a  cargo  of  halibut  frozen  comes  into  Gloucester  ? — A. 
>j  do  not  come  in  frozen.  You  cannot  freeze  halibut  with  any  ad- 
[antage;  that  has  been  tried. 

Q.  Suppose  a  cargo  of  frozen  hake  comes  to  Gloucester  ?— A.  We  may 
ite  frozen  hake  and  put  them  into  a  freezer,  but  no  hake  are  handled 
«i»  Boston.  We  have  had  cargo  after  cargo  from  ihe  Grand  Banks 
the  middle  of  January,  and  we  had  to  keep  them  until  the  middle  of 
arch  before  they  were  cleared  out. 

V'  You  spoke  of  supplying  the  West  as  far  as  Kansas  City  with  fresh 
O;  What  time  is  consumed  from  the  time  those  fish  are  taken  o.t 
'W  they  are  consumed  in  Kansas  City  ?— A.  Probably  ten  days. 
"They  can  by  their  freezing  processes  keep  the  fish  for  months  and 
»ntii8  before  tbey  send  them  out?— A.  Yes. 
^'  And  supply  the  market  as  they  i)leaso  with  frozen  fish  ?— A.  Yes. 


590 


AMERICAN   FISHERY   INTERESTS 


EXTENT  OP  FKESUFISIIING  INTERESTS. 

Q.  Have  you  any  idea  as  to  the  extent  of  the  fresh-fish  iwaiket  iutlm 
country  ?— A.  No,  sir;  I  cannot  give  you  any  reliable  information  n- 
cept  as  to  our  own  market.  Wo  handle  here  in  Boston  about  G0,000  (iOfl 
pounds  per  annum ;  that  includes  all  kinds  of  fresh  lish.  ' 

CURING    OF  FRESH  FISH  AFTER  LANDING. 

Q.  Your  idea  is  that  that  item  of  our  tariff  law  which  says  "  flsh  fresh 
for  immediate  consumption  "  ought  not  to  apply  to  any  of  these  frozen 
fish  ? — A.  Yes.  I  do  not  see  why  frozen  flsh  cannot  go  on  the  list  as 
cured  fisTi  as  well  as  salt  fish.  They  are  certainly  cured  for  preserva- 
tion,  are  they  not  ?    They  are  not  cured  for  immediate  consumptioi!. 

Q.  Suppose  a  cargo  of  halibut  comes  into  Gloucester  fresh,  and  is  i 
shipped  from  Gloucester  fresh  to  Boston  ;  is  there  anything  to  prevent ' 
those  fish  being  cured  in  Boston  ?  ' 

The  Witness.  You  mean  foreign  flsh,  from  Nova  Scotia  If 

Senator  Fryb-  Yes. 

A.  Well,  no,  sir;  there  is  nothing  that  I  know  of.    I  did  bear  tLis  j 
summer  of  a  Nova  Scotia  vessel  coming  in,  and  they  had  to  pay  Unties, 
but  i  am  hot  sufiflciently  versed  in  that  matter  to  give  any  accurate  in} 
formation  about  it. 

Q.  Is  there  any  way,  under  the  present  tariff  law,  which  admits  free  J 
of  duty  flsh  fresh  for  immediate  consumption,  by  which  you  can  prevent 
the  landing  of  fresh  flsh  and  their  subsequent  curing  ? — A.  I  do  not) 
know  any  possible  way.    Take  this  case :    We  had  shipped  to  us  from] 
Halifax  on  last  I\Ionday's  steamer  betwc  ju  113,000  and  114,000  mack- 
erel ;  they  were  bought  at  Halifax  by  telegraph.    We  buy  mackerel  acl 
cordinj^  to  their  lengths,  those  from  13J  inches  up  being  considereJj 
large.    They  telegraphed  that  the  flsh  were  from  ll|  to  13i.    We  orf 
dered  them,  and  they  were  shipped.    When  they  arrived  we  found  thatj 
there  were  370  barrels  of  those  fish  that  would  not  measure  ten  incbes.' 
Those  fish  could  not  be  kept  48  hours  after  they  arrived  here  unless 
there  was  something  done  with  them.     What  was  the  consequcncef| 
Those  flsh  were  canned.    Then  we  had  more  large  mackerel  tban  »ei 
could  sell  fresh.    What  were  we  going  to  do  with  them  ?    They  cost  usj 
a  high  price,  and  we  could  not  afford  to  lose  them.    We  bought  tliem 
for  immediate  consumption,  but  the  market  would  not  take  them.  Then 
were  more  fish  than  we  expected,  and  we  were  obliged  to  salt  those  lisU 
or  throw  them  away.    A  man  will  not  throw  fish  away  if  lie  can  savl 
them,  and  so  we  salted  them.    I  think  that  is  a  good  illustration  o| 
how  that  law  can  be  evaded. 


PEOPORTION   01 


FISH,  FRESH,  FOR  IMMEDIATE  CONSUMPTION. 

Then,  again,  how  can  they  make  a  man  responsible  for  flsh  bonglJ 
for  immediate  consumption  when  be  cannot  sell  them  at  all  ?   no\y  caf 
the  law  compel  payment  of  duty  in  such  a  case?    The  object  of  thi 
law,  as  we  look  upon  it,  is  not  to  compel  the  American  people  to  pffl 
duties,  but  it  is  to  make  the  people  who  ship  the  stock  here  pay  tlieif 
Is  not  that  the  construction  of  the  law  ?    The  fish  come  here  for  inini| 
diate  consumption,  and  we  have  either  got  to  be  at  a  loss  by  throwini 
them  away,  or  salt  them,  and  it  seems  to  me  that  under  such  circna 
stances  it  would  be  pretty  hard  if  we  were  eortli)elled  to  pay  diityC 
them. 


AMERICAN   FISHERY   INTERESTS. 


507 


Q.  nave  you  any  idea  what  proportion  of  ttsli,  tlie  year  roiiml,  brought 
iiifrosli  foriiniiKMliato  consumption,  aro  really  Hubsequently  canned  or 
^l,I.^.,^ f_A.  No,  sir;  1  could  not  j;ive  you  any  direct  inlbrination-  1 
know  of  many  lots,  and  there  are  many  lots  ii;o\ug  to  other  places.  There 
must  be  quite  a  large  percentage  that  are  subsequently  cured. 

Q,  Do  you  know  of  anything  which  ]>revents  a  Canadian  coming  into 
port  with  a  cargo  of  fresh  llsh,  admitted  free,  and  the  whole  cargo  being 
cured  subsequently  ? — A.  No,  sir;  1  do  not  iKnow  of  ajiy  law  now  exist- 
iii" thatcau  conipel  a  dealer  in  Gloucester  who  buys  a.  cargo  of  iresh  fish 
Irom a Cauadian  vessel,  and  cannot  use  them  fresh,  from  salting  them; 
nordo  I  know  of  any  law  that  can  compel  the  payment  of  duty,  if  the 
vessel  is  allowed  to  enter  and  sell  her  fish,  by  the  man  who  buys  the  fish. 


EFFECT  OF  DUTY  UPON  THE  CONSUMER. 

Q.  You  spoke  about  the  price  not  being  changed  by  the  duty.  You 
Uero  in  buNiness  before  the  treaty  of  1870,  weiciti  business  during  the 
existence  of  the  treaty,  and  have  been  in  business  since  it  expired  ? — A. 
I  Yes. 

Q.  Did  it  have  any  effect  upon  the  price  to  the  consumer? — A.  No,  sir; 
lot  a  particle. 

IpEOPORTION   of    DUTY  PAID    BY    FOREIGNERS  AND    BY   AMERICANS. 

By  Senator  Edmunds  : 
Q,  What  proportion  of  this  fish  duty,  while  in  operation,  do  you  think 
\khon  the  foreigner,  and  what  proportion  on  the  buyer  from  the  ship  1 
The  Witness.  The  fresh  fish,  you  mean? 
Seuator  Edmunds.  Yes. 

A.  1  do  not  think  there  Is  any  falls  on  either;  I  do  not  think  there 
Ihasbeen  any  duty  paid  on  fresh  fish.    So  I  say  that  is  where  the  law 
jworked  badly. 
Q.  Take  the  salt  fish  ? — A.  With  reference  to  salt  fish,  I  don't  see 

the  duty  has  made  one  cent's  difterence  to  the  consumer. 
Q.  That  is  what  you  stated ;  but  suppose.there  is  a  duty  of  half  a  dol- 
Ik  a  hundred,  who  pays  that  half-dollar?    Docs  it  come  out  of  the 
profits  of  the  wholesale  dealer,  or  of  the  man  that  brings  them  in  ? — A. 
|t tomes  out  of  the  foreigner  who  brings  them  in,  because  he  has  to  pay 
iednty  before  he  lands,  and  then  he  has  to  sell  his  fish  at  the  market 
fcrice  here. 
Q.  You  cannot  see  that  part  of  it  would  be  a  contribution  that  the 
gealer  makes,  and  the  other  part  would  be  a  contribution  made  by  the 
liermen  ?— A.  Well,  I  don't  see  how  that  can  be ;  I  don't  see  how  the 
fealer  can  contribute. 
Q.  Does  not  the  man  who  brings  iii  the  fish'say  to  himself,  "Now, 
Mtlhave  got  to  pay  half  a  dollar  a  hundred  on  these  fish,  I  must 
Mrge  the  dealer  a  quarter  of  a  dollar  a  hundred  more  than  I  otherwise 
Nd"!— A.  I  don't  think  that  would  hold  water;  I  never  saw  a  fish- 
™an  that  wouldn't  ask  all  that  he  could  get,  duty  or  uo  duty. 
Q.  Do  you  know  whether  the  wholesale  dealers  in  oalt  fish  have  paid 
Jy  more  on  the  average  since  the  duty  revived  than  before  ? — A.  I 
mk  they  have  bought  them  for  a  great  deal  less.    I  think  the  duties 
^ttheOaujvWpn  people  will  pay  oi;  the  flish  they  take  out  of  their  own 
»ple. 


r,98  AMERICAN    FISHERY   INTERESTS. 

PRICE  OP  OODPISn  AS  AFFECTED  BV  THE  TREATY  OF  1873. 


Q.  What  was  the  avoniffo  i>rico  of  codfish  at  wholesale  durin"  thel 
cxisteuco  of  the  treaty  of  18731— A.  I  can't  give  you  tlio  exact  ll'^ires' 
but  Georges  codfish  ran  all  the  way  from  $3.75  to  $7  i)er  quintai  ami 
Ban&  fish  in  the  same  proportion,  only  a  little  less ;  they  don't  brin^ 
quite  as  much.  * 

Q.  Since  the  treaty  terminated,  how  was  it  ? — A.  Since  the  treaty  ter 
niinated  fish  have  never  been  so  low  as  they  have  been  in  the  last  three  1 
years,  on  account  of  the  market  being  glutted  all  the  time;  there  basl 
been  more  than  could  be  consumed.  Georges  codfish  have  sold  as  low] 
as  $3.25,  and  Bank  at  $2.75,  and  I  have  known  them  to  Hell  as  low  a  J 
$1.25. 

Q.  You  say  the  market  has  been  glutted! — A.  Yesj  there  has  becDl 
either  less  demand  or  more  fish,  I  don't  know  which.  I  think  thedef 
mand  for  salt  fish  has  fallen  off  a  great  deal,  from  the  fact  that  tliej 
canning  business  has  increased  and  the  facilities  for  shipping  fresli  faiij 
have  increased.  Of  course  there  are  only  about  so  many  fish  consiiiiiwli 
of  all  kinds,  and  whichever  kind  increases  the  other  kinds  will  bedei 
creased  to  that  extent  in  the  quantity  sold.  It  is  my  opinion  that  the] 
increase  in  canning  fresh  fish  has  been  detrimental  to  the  sale  of  8alt| 
fish  and  has  decreased  the  quantity  that  would  otherwise  have  hwj^ 
salted. 

EXPORTATION  OF  FRESH  FISH  TO  CANADA. 

By  Senator  Frye: 

Q.  During  the  winter  months  of  last  year  how  large  a  sale  of  frcsl^ 
fish  did  you  make  in  the  Canadas? — A.  I  should  say  about  38 tons i)ej 
week. 

Q.  Howlarge  during  the  summer  months? — A.  In  the  summer  montli 
I  should  say  about  10  tons  or  20,000  pounds  a  week. 

DUTY. 

Q.  On  all  that  you  pay  a  duty  of  how  much  ? — A.  They  pay  tbedutj 

Q.  There  is  a  duty? — A.  Yes,  sir;  of  about  50  cents  a  hundred o| 
fresh  fish. 

Q.  When  you  send  it  there  you  pay  the  duty? — A.  No,  sir;  theypaj 
their  own  duty. 

Q.  That  duty  is  50  cents  a  hundred? — A.  Fifty  cents  a  hundred. 

By  Senator  Saulsbury  : 

Q.  Is  that  an  import  duty? — A.  It  is  an  export. 

Q.  If  you  export  them  they  are  subject  to  the  Canadian  duty,  aretbei 
not  ?— A.  We  never  had  to  pay  it;  they  have  always  paid  their owndj 
ties.  We  telegraph  the  price  of  our  markets  in  the  morning,  audtliff 
know  that  they  have  got  to  pay  half  a  cent  duty  op  it  when  they  boj 
We  ship  at  that  price,  and  they  pay  their  own  duties. 

By  Senator  Frye  : 

Q.  But  there  is  a  duty  on  all  fresh  fish  shipped  to  Canada,  under  tbel 
tariff  law?— A.  Yes  5  a  duty  of  fifty  cents  per  hundred  pounds.       j 

Q.  Of  course  that  exportation  is  all  to  the  Upper  Canadas?— A.  M(j 
treal  and  Quebec. 

Q.  Do  you  send  there  any  cured  fish  ?— A.  Very  little ;  once  iu  a  jvj 
just  a  little  J  not  enough  to  take  any  account  of.    I  think  you  wiUr 


AMERICAN   FISHERY   INTERESTS. 


599 


that  at  times  thoy  send  some  from  GIouccHter,  ami  I  rather  thiuk  from 
Portliiiul  also;  if  I  am  not  greatly  mistake!),  Jolin  Loverton  sent  some 
cousideriibio  quantity  of  salt  fish  there. 

CLOSE  TIME. 

Q.  Tlieic  is  j^»ending  before  Congress  a  i)roi)08ition  to  make  a  close 
tiiiieoii  niiu'kerel,  from  March,  1  think,  until  the  middle  of  June  or  first 
pf^i,lYf_A.  The  first  day  of  June- 
Q,  You  have  had  pretty  largo  experience  in  dealing  with  mackerel; 
wbiit  is  your  opinion  of  that  proposition? — A.  1  think  it  would  redonnd 
totlie  benefit  of  the  fishermen,  the  dealers,  the  vessel  owners  and  all, 
more  thau  most  anything  that  could  be  done,  from  the  fact  that  the 
mackerel  caught  in  the  spring  are  of  very  inferior  grades.  They  are 
caught  from  the  time  they  start  from  the  GulfStreamandare  destroyed 
bytheseiues.  The  schools  are  broken  up,  so  that  the  fish  are  driven 
off,  ami  by  tlic  time  the  fish  reach  their  destination  they  are  to  a  large 
esteut  uuilt  for  food,  and  they  only  cumber  the  ground,  as  you  may  say, 
and  take  the  i)lace  of  nice  stock  that  could  bo  sold  if  they  were  not  in 
tlie  market.  A  close  time  would  also  give  the  mackerel  a  chance  to  get 
I  back  on  their  old  spawning  ground  where  they  used  to  spawn  years 
ago.  I  cau  not  find  any  one  who  disagrees  with  me  on  all  these  points 
with  the  exception  of  two  or  three  parties  in  New  York.  This  testi- 
mony is  going  to  be  confidential,  I  understand,  but  1  would  not  like  to 
iiako  any  more  statements,  on  account  of  New  York,  for  I  deal  very 
kavily  in  New  York.  Mr.  Blackford,  who  is  one  of  the  fish  commis- 
sionftisiu  Now  York,  is  a  large  retail  dealer,  and  very  much  interested 
about  getting  the  first  fish  of  the  season.  Then  there  are  two  or  three 
firms  that  sell  on  commission,  to  whom  the  largest  part  of  the  fleet 
always  consign  their  cargoes  for  that  market,  and  they  sell  for  12*  per 
cent,  commission,  so  that  of  course  all  the  fish  Aiey  can  handle  is  for 
I  tbeir  pecuniary  benefit. 

Q.  What  time  do  you  say  the  mackerel  spawn  ? — A.  As  far  as  I  can 
[learii,  from  about  the  middle  of  April  to  the  end  of  May. 

Q.,Aud  you  would  interdict  fishing  during  the  whole  spawning  sea- 
Isont-A.  Yes ;  I  think  such  a  measure  would  bo  of  great  benefit.  The 
linackerel  begin  to  get  in  good  order  and  become  healthy  about  the  Ist 
lof  June.  1  do  not  think  any  fish  is  so  healthy  in  the  spawning  season 
I  as  afterwards.  Then,  if  we  could  have  close  time,  it  would  make  the 
j market  better,  the  people  would  be  better  pleased  with  the  fish  they 
jbay,  aud  there  would  be  more  general  satisfaction. 

Q.  So  your  opinion  is  very  decidedly  that  both  consumer  and  fisher-. 
Imau  would  bo  benefited  by  a  close  season  ? — A.  Yes ;  that  is  my  idea, 
Ibecause  the  fish  are  not  good  in  the  spring.  I  have  known  millions  to 
Ibe  taken  in  the  spring,  and  I  have  known  thousands  of  them  to  be 
jcarted  through  the  streets  so  nearly  decomposed  that  their  entrails 
here  hanging  out.  This  practice  is  something  that  we  here  have  been 
Italkiiig  against  for  years  and  years.  The  fact  is  just  this,  and  anybody 
iKiuseeit:  They  never  used  to  think  of  going  south  any  further  than 
po Man's  Land  for  mackerel,  and  ihen  about  the  time  they  had  got 
jtbrongh  spawning ;  but  one  would  become  a  little  more  energetic  than 
pnotber  aud  go  farther  south,  and  that  has  been  kept  up  until  they 
^ave  gone  south  of  Cape  Hatteras,  and  of  course  the  further  south  the 
"orerthe  fish  are.  In  consequence  of  going  so  far  south  the  percent- 
i'i  of  large  fish  taken  has  been  reduced  from  5G  down  to  6.  The  per 
outage  of  larere  fish  in  our  catches  of  mackerel  the  last  two  years  has 
otbeen  far  from  6  per  cent,  while  in  1868  and  1869  it  was  56  per  cent. 


coo 


AMERICAN   riSUERY   INTERESTS. 


1 


Q.  You  chiu'fyo  tJiat  rtMluction  to  takinj?  tlieru  in  tlui  H|»iiwiiiii"m.a.| 
bom! — A.  Yes  ;  I  ciiiinot  think  ot'uny  otluT  ivason  tor  it. 

Q.  Do  you  know  w^iat  is  tlio  k<"»'I'J»1  fooling  in  regard  to  tlmt  iikiihm 
Hition  ainon;;  the  men  who  arc  (U'aling  in  t\n\i  and  anion^'  the  tlslurniinj 
tliemHt'lvcst — A.  I  (lan  tdl  you  in  rogard  to  our  folks  Irto.    We  iinj 
un  UHHoijiation,  called  the  Fiesh  Fiwh  Association,  of  whicli  I  am c! air 
man.    I  called  a  nioetiuff  of  that  association  last  sprinff  for  tlio  cxiiivvsi 
purpose  of  j^ettiiifj;  the  voice  of  tlui  peoi)leon  that  <iuestiou.    Wctoulvl 
a  vote  on  it,  and  the  vote  was  unanimous  in  favor  of  hiiviiip;  iiiliM 
season  to  the  first  of  June,  and  (here  were  forty-three  linns  repreticiiiil 
in  the  nieetiug. 

By  Senator  8 AULbBDBY: 
Q.  You  speak  of  the  fishermen  here.    What  is  the  opinion  of  iiiej 
fishermen  who  are  engap;ed,  not  in  the  same  lino  of  fishing  that  yuiiri 
are,  but  who  are  engaged  principally  in  tho  summer  flsherios  aloiigtlia 
coast? — A.  As  far  as  I  know  I  have  not  yet  found  a  fisherman  of  anji 
grade,  with  one  exception,  who  was  not  in  favor  of  a  close  season,  anl 
he  was  a  Nova  Scotiaman,  one  of  those  men  who  want  to  get  alKiulol 
everybody  else.     But  the  cod-fishermen,  tho  halibut,  and  blue-fislarJ 
men,  and  all  tho  New  York  fishermen,  are  in  favor  of  a  close  .seasoii| 
because  it  helps  them  more,  and  by  having  it  these  poor  niaekcrel  an 
kept  out  of  tho  market,  and  they  have  a  better  chance.    I  saw  a  icpori 
that  some  New  York  gentiemeu  had  stated  before  some  committee  ni 
Congress  that  New  York  vea^sels  were  largely  engaged  in  tlio  Npiinx] 
mackerel  catching.    That  is  entirely  erroneous;  New  York  lias  not  oncj 
all  those  vessels  are  from  Gloucester,  Portland,  Cape  Cod,  and  Bostoii| 

By  Senator  Edmunds  : 

Q.  That  you  know  imsitively,  from  your  business?— A.  Yes;  tbe^ 
haven't  got  a  mackerel  boat  in  their  New  York  fleet. 

PRICES  OP  THE  EARLY  CATCH  OF  MACKEREL. 

By  Senator  Saulsbury  : 
Q.  What  is  the  difference  in  price  to  the  consumer  between  tbcst;  lis^ 
caught  in  the  spring  and  those  which  are  caught  by  yonr  iishers  ben 
in  the  regular  season  ? — A.  There  is  no  difference  in  the  price  to  tlij 
retailers.    I  have  seen  thousands  and  thousands  sold  in  Now  York  wlier 
the  same  price  was  charged  to  tho  retailers. 

By  Senator  Edmunds  : 
Q.  I  understand  you  to  say  that  yoa  are  familiar  with  the  New  Yor| 
market.    Have  you  sp  at  a  good  deal  of  time  there  ? — A.  Yes ;  I  bav 
spent  ten  conser.ttive  sj  rings  there,  and  bought  for  dealers  here, 
eluding  myself.    I  um  u,s  well  acquainted  in  Fulton  Market  as  in  lio 
ton,  I  think. 

By  Senator  Saulsbury  : 
Q.  Your  opinion  is  that  the  spring  catching  does  not  luakc  m 
cheaper  to  tho  consumer  at  any  season? — A.  Not  at  all.  If,  aslsai 
before,  the  retail  dealers  vvouUl  rise  and  fall  with  the  market  as  ti( 
wholesalers  do,  it  might  make  adifterence,  but  where  they  have  astate/ 
price  it  cannot. 

By  Senator  Edmunds  : 
Q.  And  they  do  have  that?— A;  Yes.    Go  to  our  market  to-day  "J 
inquire  the  price  of  mackerel,  and  you  will  find  that  they  are  from  tbra 


TESTIMONI 


AMERICAN   FISHERV    INTKBE8T8. 


noi 


III  live  (imoH  as  iii(;li  iiH  wo  hcII  tlium.  I  oaiinot  tUid  iiiiy  I'milt  with  that. 
1  .lilor  liiiM  tr'>t  to  tjct  coiiHidcnibly  more  than  lui  pays  for  thcrn  in 
jiilcr  to  livu ;  iio  liUH  to  drma  thciu  and  gut  thuui  np  lor  huIo,  un<l  then 

llierti'  o"'y  '**'** '"'  «»wM't»i''>  quantity. 
Q.  flu  niiKst  jtrovido  for  losses  every  day  t — A.  Yes. 

METHOD  OF  SHIPPING. 

By  Senator  Saulsbury: 

Q.  Mackerel  always  reach  the  country  in  ban  els.  Are  they  put  up 
latiiis  market  in  that  shape,  or  is  that  done  by  the  dealers  to  whow 
Umake  your  consignments? — A.  They  are  put  up  by  the  dealers  to 

Mil  we  sell.  Country  dealers  are  generally  supplied  with  barrels  and 
kjlf  barrels.  They  will  order  cod,  mackerel,  halibut,  and  b'ueflsh  all 
J (inc  package,  and  then  they  are  ])Mt  up  in  barrels.  We  ship  90  per 
ml  ol  our  Btoc^  in  cases,  about  uOO  pounds  to  the  case,  because  we 
Ibip altogether  by  wholesale.  The  llsh  are  put  up  iced  in  boxes  and 
tipped  as  freight.  We  use  in  our  store  from  35  to  50  tons  of  ice  per 
bfk  during  the  summer  season  in  which  to  pack  those  fish. 


TESTIMONY  OF  CHARLES  W.  WBIOHTINOTON. 

Boston,  Mass.,  September  30, 1886. 
ICHAHLES  W.  WEIGHTINGTON  sworn  and  examined. 
I  The  WiTNEsy.  I  want  to  say  at  the  beginning  that  I  come  here  very 
tluctantly,  but  under  special  pressure  on  the  part;  of  Mr.  Morritt.  I 
lave  felt  in  my  mind  that  it  is  perfectly  useless  for  me  to  attempt  to 
pence  the  thing  the  other  way.  for  it  has  seemed  to  mo  just  as,  if  the 
[bole trend  was  in  a  direction  against  reciprocity,  whereas  I  am  in  favor 
fit.  We  sent  on  a  committee  from  Boston  to  Washington,  but  it  seemed 
as  if  it  were  a  useless  thing  to  do,  in  consideration  of  the  way 
at  committee  were  met  at  Washington.  So  that  I  have  found  myself 
kstin  that  position  where  it  would  seem  that  the  only  way  out  was  to 
pesome  difticulty  or  some  trouble  come  u^),  and  then  ij;  would  find  its 
4  sulution.  I  certainly  um  in  favor  of  doing  justice  to  all  people  who 
i interested  in  vessels;  but  it  has  seemed  to  rao  all  the  time  that  if 
Je)  were  to  bo  protected  they  ought  to  be  protected  in  some  other  way, 
(any  other  way  could  be  devised.  If  I  were  interested  in  vessels  I 
Ippose  I  shonlil  say  thst  because  other  people  are  protected  I  ought 
]  lie  protected. 

By  Senator  Edmunds: 

ion.  Will  you  bo  good  enough  to  tell  us  where  you  live! — An- 
'tt.  1  live  in  Brookliue,  Mass. 

Q.  And  you  are  in  business  in  Boston? — A.  Yes,  sir. 
[Q.  What  is  your  age?— A.  I  am  47. 

•  What  is  your  occupation? — A.  In  the  wholesale  fish  and  canned- 
lis  business. 

,^.  Salt,  or  fresh  fish?— A.  Salt. 
{■  What  classes  of  fish  do  you  deal  in  ? — ^A.  Every  variety  of  salt- 
to  fish. 

And  canned  fish?— A.  Yes.    Of  course  those  are  fresh  fish,  and 
others  are  cured  fish,    1  deal  in  no  fresh  fish  except  canned  fresh 


602 


AMERICAN   FISHERY   INTERESTS. 


CANNED  FISH. 


Q.  Where  do  your  supplies  come  from  mostly? — A.  'Vhebulkofwhalj 
we  use  are  domestic  fish.  1 

Q.  What  kinds  of  fish? — A.  Codfish,  haddock,  mackerel,  herrine] 
hake,  halibat,  and  salmon — almost  every  variety  offish.  I 

Q.  Are  all  these  kinds  canned  as  well  as  cured  with  salt?— A.  XoJ 
sir;  the  principal  fish  which  are  canned  and  canned  here  are  freslf 
mackerel;  fresh  mackerel  is  about  the  only  fish  we  get  canned  hen 
Of  course,  we  can  tbem  in  a  groat  many  different  forms. 

Q.  For  the  domestic  mackerel — that  is,  those  taken  iu  Americaij 
waters  or  off  American  shores — what  is  the  mackerel  season  when  vou3 
fish  come  in  to  be  canned? — A.  The  vessels  sail  southward,  geueralll 
along  in  March  or  April,  for  the  fishing  grounds,  and  they  bring  theii 
in  in  the  early  part  of  the  season,  generally  to  New  York  .and  sometime) 
to  Philadelphia. 

Q.  What  time  docs  the  fishing  season  begin  that  brings  fresh  mad 
erel  here  to  you  to  be  canned? — A.  Some  seasons  we  have  mack 
brought  from  New  York  along  in  April,  I  should  think. 

Q.  LTuladen  at  New  York  and  shipped  here? — A.  Yes;  and  then l 
the  fish  come  farther  along  on  our  coast  we  get  them  iu  Boston  direci 

Q.  What  is  about  the  usual  size  of  mackerel  that  .are  canp'^Jf-4 
Generally  the  small  mackerel,  mackerel  that  would  be  classed  ac  m^ 
dium  No.  3. 

Q.  How  long  are  they  ? — A.  From  10  to  11  inches,  perhaps. 

Q.  And  that  is  the  chief  canned  fish  ? — A.  That  is  small  macketd 
Of  course,  we  do  can  other  mackerel  when  they  are  selling  at  a  prid 
that  will  enable  us  to  do  so.  Last  year  when  mackerel  were  soplenq 
ful  on  our  coast  we  canned  larger  mackerel. 

Q.  Do  you  can  them  yourselves? — A.  Yes,  sir. 

Q.  Do  you  put  up  cargoes  or  catches  from  what  may  be  ciiUed  Britij 
waters,  off  the  North  American  coast  ?— A.  You  know  we  are  b 
to  have  fish  fresh,  so  that  we  are  dependent  upon  near-by  places  ( 
getting  fish  iu  order  to  really  have  them  fresh  enough.  For  caunini 
purposes  we  have  to  have  them  fresh,  although  now  that  they  1 
this  steamer  they  can  bring  fish  from  the  British  waters  in  time. 

Q.  By  "this  steamer''  you  mean  the  Novelty? — A.  Yes;  there haij 
beea  fresh  fish  canned  this  year  that  have  come  from  Nova  Scotia. 

Q.  But  all  the  canned  fish  of  the  mackerel  kind  are  the  small  fisl 
are  they  not?— A.  Yes,  generally,  you  can  say  that,  with  someexc^ 
tions. 

FEEE  FISH. 

Q.  Then  how  does  the  question  of  free  Canadian  fresh  fish  affect  yoi 
interests  or  the  interests  of  those  with  whom  you  deal  ?— A.  It  may  j 
feet  us  somewhat  in  our  sale  of  these  American  sardines.    We  ftirDi^ 
capital  to  some  of  these  factories  along  the  coast  of  Maine,  and 
mortgages  on  them. 

Q.  But  I  am  now  on  the  mackerel  question. — A.  Ou  tho  macka 
question,  I  should  not  think  the  matter  of  free  fish  would  affect  ns  v^ 
much. 

SARDINES. 

Q.  And  what  do  you  say  about  tho  sardine  business?— >^.  Tli*' 
tories  engaged  in  the  sanlino  business,  you  understand,  are  up  w 
the  coast  of  Maine,  at  Eastport,  Joneaport,  and  along  iu  thatsecti 


AMERICAN   FISHERY   INTERESTS. 


fioa 


Tbusi' li^li  (onie  to  us  already  canned.    We  simi)ly  act  as  agents  for 
Idiepi'oH^'  *lowu  there,  and  sell  on  commission. 
Q.  And  tliey  are  always  the  small    herring?-— A.  Yes;  the  small 

llierriuf;. 

Q.  Never  the  email  menhaden  or  other  kinds  offish? — A.  No,  sir;  I 
loDderstand  not. 

Q.  How  many  iactories  do  you.  own  along  the  coast  of  Maiue  or  else- 
Ifbere  for  sardines? — A.  Yor.  go  down  to  Eastport  and  they  seem  to 
IkiDuumerable;  I  don't  know  actually  how  many  there  are,  but  ev^ry 
Kharfbas  its  factory.  Perhaps  Mr.  Frye  is  better  posted  on  that  sub- 
jki,  There  are  a  great  many  fa'tories  that  are  putting  op  these  her- 
ring or  sardines. 

By  Senator  Frye: 

Q.  Further  and  further  east? — A.  Yes ;  and  this  way.    Of  course 
iere  are  other  factories  all  along  the  Maiue  coast. 

SALT  FISH. 

By  Senator  Ed.viunds  : 

Q,  Do  you  deal  in  all  kinds  of  salt  fish? — A.  Yes. 

Q.  Where  do  your  salted  cod  usually  come  from  ? — A.  What  we  call 
bickle-salted  come  from  Provincetown.  I  suppose  you  understand  the 
listinctiou  between  dry-salted  and  pickle-salted;  they  are  all  cured. 
h  dry-salted  come  from  Gloucester,  a-nd  also  from  Portland  and  along 
|e coast  of  Maine;  and  then  this  year  we  have  had  cargoes  of  French 
ish  cured  on  the  island  of  St.  Pierre. 

Q.  Do  the  most  of  these  codfish  thafyou  deal  in  come  from  those 
lortheaetern  waters? 

The  Witness.  You  mean  from  the  Nova  Scotia  waters? 

Senator  Edmunds.  Yes;  and  the  British  Provinces. 

A.  We  have  a  great  many  fish  from  Nova  Scotia;  but,  as  I  said  be- 
pre,  the  bulk  of  the  fish  wo  use  are  domestic  fish. 
I  SeD:;tor  Edmunds.  I  am  now  speaking  of  salted  fish. 
I  The  Witness.  Well.  I  am  speaking  of  salted  fish. 


iHBEE-MILE  LIM1;T. 

I Q.  Do  you  know,  from  your  information  and  youi  business,  what  pro- 

prtionof  the  salted  fish  that  you  deal  in  {.re  taken  within  the  three-mile 

nit?— A.  That  is  a  question  that  I  cau't  answer;  I  do  not  know.    One 

f<le  claims  one  thing  and  the  other  another;  I  don't  know  what  the 

nth  really  is. 

PRICE   TO  THE   COifSUMEB. 

[Q.  How  has  the  price  of  fish  from  the  retail  dealer  to  the  consumer 
!en  affected  since  the  termination  of  the  treaty  ? — A.  At  present  it 
jiiist  be  very  much  higher,  becar>o  this  year  the  mackerel,  the  princi- 
j"!  fish  that  have  been  caught,  have  been  very  small  in  numbers.  I 
pin  Europe  six  weeks,  and  I  do  not  believe  that  there  were  500  bar- 
p  of  mackerel  caught  on  our  shores  all  the  time  I  was  away. 
1 Q.  How  does  the  price  stand  as  compared  with  two  years  go  ? — A. 

peoddsh 

IQ  1  am  now  asking  about  mackerel. — A.  I  should  say  that  it  must 
T^erymuch  higher,  because  the  prices  have  more  than  doubled  this 


r;oi. 


AMERICAN   FISriERY   INTERESTS. 


Q.  What  uro  tho  present  prices  of  salted  mackerel?— A.  ^„., 
mackerel  would  l»e  rated  somewhere  iu  the  neighborhood  of  $13  toil 
per  barrel  of  200  pounds. 

Q.  And  what  was  the  price  of  salted  mackerel  two  yours  ago  ?-a, 
should  think  somewhere  iu  tho  neighborhood  of  $4  or  ijsS,  perliaps. 

Q.  Can  you  tell  us  what  tho  retail  price  is  now  coiui.arwl  witii 


coiui-ared  withw 


years  ago  1! 
The  Witness 


You  mean  to  the  consumer? 

Senator  Edmunds.  Yes.   I  go  to  my  grocer  and  call  for  inackerelNo.l 
or  extra,  or  whatever  you  call  itj  can  you  tell  me  what  1  now  payforsaci 

A.  I  don't  know;  1  could  not  say. 

Q.  Do  you  know  what  it  was  two  years  ago? — A.  No,  sir;  Iu 
not  know  what  the  retail  grocer  or  fish  dealer  would  get  for  bis  laaci 
erel. 

Q.  Then  you  do  not  know  how  the  changed  condition  of  things  aitecl 
the  consumer  himself,  the  mau  who  buys  his  fish  to  eat? — A.  As  a  mi^ 
ter  of  actual  knowledge  I  have  not  bought,  ana  so  do  not  know.  Bj 
I  can  seethatif  a  retail  dealercannotto-day  buy  mackerel  from  me  und 
$16  that  I  was  selling  last  year  at  $8,  he  must  charge  a  hightr  pri| 
for  it. 

Q.  How  much  of  this  rise  in  price,  if  any,  do  you  think  has  been( 
fected  by  tho  changed  condition  of  things  since  the  termination  of  I 
treaty? — A.  That  certainly  must  have  had  its  effect;  how  much  Idoii 
know.  You  understand  that  this  year  our  vessels  h.i ved  ■  . uttlej 
nothing  along  our  shores;  there  has  been  a  dead  fall  ',  ,  audth 
have  had  to  go  away  up  the  Bay  to  get  their  mackerel,  so  tliat  it  1 
made  a  large  shortage  in  the  iimount  of  mackerel,  and  that  lias  cans 
a  very  large  increase  in  tho  price. 


DUTY. 


Q.  Take  the  question  of  duty.    When  there  is  duty  on  salt  fish,  wj 
bears  that  duty  ?    Do  you  and  the  people  you  deal  with, '  >oar  it,  or  I 
who  eat  the  mackerel,  and  do  they  bear  it  all,  or  what  part  of  it?--] 
The  consumer  .nust  bear  it  all,  I  should  think. 

Q.  You  think  the  producer  of  tho  fish  does  not  bear  any  partj 
it?— A.  If  I  get  the  fish  I  should  say  I  have  to  charge  uiy  protit, 
the  man  who  buys  from  me  has  to  charge  his  profit,  and  I  should  tli| 
it  would  all  come  upon  the  consumer. 

Q.  Upon  the  purchaser? — A.  Upon  the  purchaser  and  not  uponi 
seller.  In  consequence,  of  course,  we  have  not  suftered,  because 
have  our  prices  established  according  to  the  prices  we  p?y. 

EFFECT   OF  THE. TERMINATION  OF   THE  TREATY. 

Q.  tWhen  this  treaty  terminated  you  were  dealing  in  iinported sail 
fish? — A.  Yes;  and  domestic.    .  j 

Q.  Did  the  prices  instantly  advance  after  that?— A.  No;  they  Ml 
advance.  Of  course,  there  are  other  things  that  come  in  to  iuflueij 
you  know. 

Q.  I  understand  that,  but  I  want  tho  fact.— A.  The  fact  is  that  tj 
was  no  advance;  there  may  have  been  in  some  kinds  of  flsh,  bnt| 
general  there  was  not,  I  think. 

Q.  Immediately  after  the  1st  of  July  you  paid  precisely  the  «i^ 
price  that  you  did  before?— A.  I  think  there  was  a  large  qiiantil^ 
codfish  caught 


AMERICAN   FISHERY   INTERESTS. 


60.' 


Q,  1  am  not  on  the  rGasoning  about  it ;  I  want  the  fact. — A.  1  was  try- 
lii/to  think  of  the  different  articles,  po  as  to  answer  your  question.  I 
jiink  tliat,  oil  a(!COunt  of  other  tilings,  the  prices  did  not  advance. 
J  Q.  \\'\\o  bore  the  difference  of  duty  that  was  paid  in  that  case? — A. 
Idoirt think  the  flnh  came;  if  they  had  come  the  parties  in  Nova  Scotia 
loald  have  liad  tj  bear  it.  Of  course,  yse  know  that  in  the  long  run  it 
jinstbavc  atlected  the  price,  but  in  the  main  it  was  not  affected,  as  a 
Eatter  of  fact. 

;  Q.  Ill  the  loll  J?  run,  of  course,  it  affects  some.    What  we  want  to  get 

It  from  your  knowledge  is  which  side  of  the  liiie  was  affected— whether 

uas  tiio  Canadian  catcher  and  curer  of  fish,  or  whether  it  was  the 

[uierican  purchaser  and  consumer — and  one  point  in  that  would  be  to 

now  whether,  when  the  duty  was  put  on  en  the  1st  day  of  July,  when 

Jiedaj  before  tbe  price  of  cured  codfish  was  so  much,  the  wholosa?*^ 

rice  in  your  market  advanced  or  receded,  or  what  happened. — A    i 

tok,  as  a  matter  of  fact,  that  it  did  n^u  advance  because  of  the  large 

jtock  of  fish  that  was  caught  here,  and  those  people  could  not  send 

girlish  here  in  competition  unless  they  stood  the  diity,  and  of  course 

ley  would  dropout  of  the  business  if  they  coilld  not. 

[4  Orolsothty  would  reduce  their  prices  and  make  less  profits? — A. 

ky  could  not  afford  to  do  that.    They  would  have  to  get  out  of  the 

isiness.   But  these  people  who  desire  protection  certainly  would  feel 

atthey  would  be  protected  with  the  duty  on,  and  in  the  long  run  it 

Jnotbethat  the  consumer  must  pay  for  it.    The  thing  would  have  to 

nlate  itself  in  the  end, 

DTTTY. 

[Q.  What  we  are  trying  to  find  out  is  where,  so  far  as  y^u  can  under- 
aud  it,  the  actual  burden  of  the  impost  duty  falls  in  this  case.  For 
kn  years  or  so  fish  came  in  free,  and  now  for  a  year  and  a  little  over 
pyliave  not  come  iu  free,  and  somebody  has  had  to  pay  the  duty, 
Itlie  question  is  whether  it  was  the  catcher  of  the  fish  and  the  man 
liic  cured  and  dried  it,  barreled  it,  and  shipped  it,  or  whether  it  was 
|D,  the  wholesale  dealer,  who  purchased  it,  and  whether  when  you 
ircliased  it  you  charged  the  daty  to  the  retail  dealer,  and  so  on  down 
jitliecousunier,  or  made  less  profits. — A.  Of  course  it  does  not  come 
ion  us,  because  we  sell  according  to  what  we  pay ;  so  it  does  not  come 
m  us.  Where  there  is  a  largo  stock — as,  for  instance,  of  codfish  at  the 
ent  time— the  price  is  not  affected  at  present  by  the  duty,  because 
?r  M!.  alarge  catch  of  codfish  here  on  hand,  and  the  price  does  not 
"     ';n  the  codfish,  because  there  is  so  much  of  it  caught. 

lie  price  does  not  advance,  then  the  Canadian — and  I  take  that 
hort  one — is  out  of  pocket  50  cents  a  hundred,  or  whatever 
?— A.  Practically  they  are  not  sending  their  codfish  here. 
IQ.  There  has  been  no  importation  since  the  1st  of  July,  1885?— A. 
V»ill  uoi  do  to  say  no  importation,  but  the  present  price  is  so  lo\^,  that 
|f  taimdians  have  been  sending  only  special  kinds  of  fish,  which  are 
pe  wbat  wo  call  shore  fish.    The  Nova  Scotia  shore  fish  are  better  fed 
itlian  those  we  get  here,  a  better  class  of  fish,  and  will  bring  a 
wi  price.    Those  are  the  fish  we  have  beeii  buying  from  Nova 
Wia.  hut  an  ordinary  Bank  fish,  such  as  we  get  from  Provincetown, 
ii>)t  bring  so  good  a  price.  i 

K  Uidthe  prices  wh.ich  you  paid  on  these  previous  to  the  Ist  of  July, 
^!  advance  by  the  amount  of  the  duty  ?— A.  I  should  think  so. 
1 1011  being  a  dr.iler,  do  you  not  know?~A.  I  think  so.    If  I  had 
Mjnnk  before  me  I  could  tell  just  exactly  what  I  did  pay  last  year, 
Udo  not  remember  now. 


606 


AMERICAN   FISHERY   INTEEESTd. 


STATEMENT  OP  PRICES  OF  IMPORTED  FISH. 

Q.  Will  you  be  kind  enough  to  send  to  us  by  mail,  to  save  you  any 
further  trouble,  a  statement  which  shall  show  the  prices  you  paid  foreacll 
kind,  by  itself,  of  imported  salt  fish,  between  July  1, 1884,  andJnly] 
1885;  and,  secondly,  on  exactly  the  same  kind  of  fish  since  tbe  Istc 
July,  1885?— A.  Yes. 

Q.  During  those  years  have  your  newspapers  given  daily  or  weekl^ 
the  wholesale  prices  of  imported  fish? — A.  Yes;  I  suppose  they  pro. 
fessed  to  do  that.  But  I  think  you  could  depend  better  on  the  BostoJ 
Fish  Bureau  of  Statistics  for  inibrmation  in  regard  to  prices,  as  showS 
in  their  annual  reports. 

Q.  Are  you  a  member  of  that  bureau  ? — A.  Yes. 

Q.  Could  you  send  us  those  reports? — A.  Yes. 

RECIPROCITY. 

Tlic  Witness.  Before  I  leave  the  stand  I  would  like  to  state  that! 
want  reciprocity. 

Q.  State  why  you  want  reciprocity ,  what  effect  you  think  it  wilHavi 
upoii  the  ^ountry,  and  what  you  mean  by  it;  whether  reciprocity  i 
everything,  or  only  in  fish.  State  in  your  own  way. — A.  I  should s 
on  fish.  1  think  the  country  ought  to  get  cheap  fish,  and  my  idea,s 
I  have  already  expressed,  is  that  the  consumer  must  pay  for  the  dnti 
eventually.  I  believe  that  fish  are  for  the  poorer  classes.  Why,darin| 
the  last  two  or  three  years,  during. the  business  depression,  we liavi 
had  a  good  business,  because  the  fish  go  to  the  poorer  classes, and] 
think  those  poorer  classes  have  to  pay  the  duty. 

SENDING  FISH  TO  CANADA. 

We  have  had  a  trade  with  Canada,  sending  our  fish  into  Canada  froi 
Boston,  but  that  trade  has  all  gone,  as  you  may  say. 

Q.  Where  were  those  fish  caught? — A.  They  were  caught  in  ourofl 
waters ;  they  were  principally  domestic  fish  that  we  sent  into  Cauad 

Q.  What  Is  the  theory  of  that?  Why  is  it  that  we  import  CanadiJ 
fish  and  also  send  to  them  American  fish?  They  arc  all  the  same  kinj 
cod,  mackerel,  and  so  on? — A.  We  put  them  up  in  attractive s 
We  put  them  into  boxes  under  attractive  brands  and  in  shapes  tl» 
make  them  attractive  to  those  people.  They  do  not  know  how  to  d» 
down  there.  They  are  getting  on  to  it  lately.  Down  there  in  Xol 
Scotia  they  are  now  supplying  Mrntreal,  Toronto,  Hamilton,  Brocicvilj 
and  towns  all  through  Canada.  These  people  have  come  up  here  and  f 
into  our  factories  and  discovered  our  methods,  and  have  gone  baclc  tii^ 
and  are  now  supplying  their  own  markets  with  fish  put  up  somewij 
after  our  methods.  At  the  same  time  I  understand  that  the  peoplej 
Montreal  are  not  satisfied. 

RECIPROCITY. 

Q.  Go  ou  with  what  you  were  stating  about  the  whole  recipro 
question  as  it  appears  to  you. — A.  It  seems,  as  I  stated,  that  thee 
sumer  would  have  to  pay  the  duties  on  the  fish.    I  believe  that  tbi 
people  have  a  right  to  ask  for  protection,  under  the  circura8taaces,r 
cause  they  have  to  pay  protection  prices  for  things  that  enter  into  I 
construction  of  their  vessels.    If  I  were  in  their  place  I  suppose  I  sjoi 


AMERICAN   FISHERY   INTERESTS. 


607 


beeltbe  same  way.  But  I  think  this  is  aquestiou  with  reference  to  which 
be  are  liable  to  get  into  trouble  with  a  friendly  power.  It  seems  to  me 
iome  otber  way  ought  to  be  sought  for  protection,  which  wociU'  still 
iUowus  to  have  reciprocity.  Of  course,  as  far  as  we  are  concerned  in 
Mori  it  must  be  of  advantage  to  us,  because  we  are  more  distributers 
w  fish  than  we  are  producers  j  that  is,  we  do  not  so  much  fit  out  ves- 
ilsinBostou. 

Q  The  larger  the  source  of  supply  you  have,  the  better  it  is  for  your 
Easiness?— A.  Yes. 

EARLY  CATCH  OF  MACKEREL. 

By  Senator  Saulsbury: 
Q.  You  spoke  of  canning  mackerel.  What  is  the  effect  of  the  early 
atcbiiig  of  fish  down  the  coast?  How  does  it  affect  the  flsli  trade  gen- 
ally?— A.  1  think  that  in  ordinary  seasons  it  would  be  better  for  them 
otto  go  South  to  catch  mackerel.  In  the  first  place,  early  in  the 
ksoutliey  are  poor ;  it  is  their  spawning  season.  There  is  always  a 
lemand,  however,  for  the  poorest  fish ;  and  of  course  the  country  gets 
lie  poorest  lisU  in  that  way  because  of  the  fact  that  they  want  the 
kaptst  thing  they  can  get.  If  they  did  not  fish  South  early  in  the 
tiisoii,  then  when  the  mackerel  come  on  Northward  thej'  would  be  of 
letter  (luality  and  fatter. 

By  Senator  Edmunds: 
[Q.  And  more  of  them,  I  suppose  ? — A.  I  don't  know  that  there  would 
6  more. 

JQ.  Would  there  not  be  more  if  none  v.ere  caught  in  the  spring? — A. 

|es.  In  that  way  you  may  say  more  of  them,  and  the  fish  that  would 

( caught  and  inspected  would  be  a  better  class  of  fish,  and  of  course 

|io  country  would  have  the  benefit  of  consuming  better  fish.    If  they 

1  not  get  poor  fish  they  would  take  these  finer  brands  and  pay  the 

Itite  tor  them,  and  that  wonld  create  a  better  demand.    The  consumer 

jouldlike  a  better  class  of  fish  more;  he  would  bo  better  pleased  with 

[e  taste  and  quality,  and  he  would  buy  more,  and  there  would  be  more 

d,  it  seems  to  mo.    I  think  that  would  be  an  advantage. 

By  Senator  Saulseiry : 

[Q  You  say  the  country  wants  cheap  fish? — A.  Yes. 

W.  That  is,  of  course,  the  poorer  classes  of  the  country  ? — A.  Yes. 

|(J.  How  would  the  abandonment  of  the  spring  fisheries  affect  those 
«ple  in  reference  to  the  supply  of  fiah  ?  Would  they  buy  the  dearer 
Mf  they  could  not  get  the  cheaper  ? — A.  Of  course.  The  past  season 
sbeen unprecedented  in  regard  to  mackerel;  there  has  been  a  great 
Wy  along  our  shores.    Of  course  codfish  are  different.    I  think 

fctin  ordinary  seasons  we  would  get  good  fish  and  enough  of  them, 

|iecially  if  we  had  a  chance  of  getting  codfish  from  Nova  Scotia  too, 

ciuise  the  fish  from  there  would  help.    I  think  the  advantages  would 

[more  than  the  disadvantages.    Of  course,  in  one  way  you  would  get 

ppertish  perhaps  to  have  the  Southern  fish,  but  I  think  in  the  long 

I  it  would  be  better  for  the  country  not  to  take  those  fish. 

By  Senator  Edmunds  : 

Is  there  as  muith  nutrition  per  pound  of  these  poor  fish  as  per 
IDjlof  jjood  fish? — A.  What  makes  a  fish  good  is  not  size  but  quality. 
P  U  inches  long  may  be  better  than  one  15  inches  long,  because  the 
Ttfish  when  drossiid  may  all  dry  up. 


GOB 


AMERICAN   FISHERY   INTERESTS. 


By  Senator  Saulsbury  : 

Q.  Is  the  price  of  these  sjjriiig  fish  as  dear  to  the  consumer  as  of  tlii 
better  fish  which  are  put  up  later  in  the  season  ? — A.  The  iisharewn 
erally  very  cheap.    They  ottetj  catcli  hirge  quantities  of  tliem.  Tlid 
are  thousands,  1  was  going  to  say — yes,  there  must  bo  thousands- 
barrels  that  are  thrown  away  because  they  cannot  get  i)iice  cnoiiflni 
them  really  to  pay  for  the  trouble  in  getting  them.  " 

Q.  Then  I  understand  you  to  mean  that  the  spring  fish  arc  sold 
cheaper  rates  than  the  flsh  caught  later  in  the  season  ?— A.  Yw,si^ 
Of  course,  that  might  not  bo;  it  might  be  that  there  would  lK>solcf| 
caught  then  that  they  Avould  bring  a  higher  price. 

By  Senator  Frye: 

Q.  Do  you  think  that  "».ny  fish  that  is  bearing  8i)awn  is  good  to  oatf-j 

A.  It  don't  seem  so  to  me.    The  herring  that  come  to  our  shores  area. 

poor ;  we  do  not  get  any  fine  ones  except  those  that  come  from  }fovi 

Scotia  and  that  section. 


TESTIMONY  OF  THOMAS  A.  BICH. 


,.{  Boston,  Mass.,  September  SQ,\m. 

THOMAS  A.  EICH  sworn  and  examined. 

By  Senator  Edmunds: 

Question.  You  reside  in  Boston  ? — Answer.  Yes,  sir. 

Q.  What  is  your  occupation  ? — A.  Fish  business. 

Q.  What  is  your  ago  ? — A.  Fifty-nine. 

Q.  How  long  have  you  beeniu  the  fish  business  here?— A.  SincelS 

Q.  Do  you  deal  in  both  salt  and  fresh  fish? — A.  No,  sir;  saltfisb 
together. 

Q.  Do  you  deal  in  all  varieties  of  salt  fish  ? — A.  About  all. 

Q.  Where  do  the  flsh  you  deal  in  come  from  chiefly  ?    Where  aretlij 
caught  and  cured? — A.  They  come  from  New  England  and  Nova  i 
tia. 

Q.  About  what  proportion  comes  from  Nova  Scotiau  waters?-^ 
That  I  cannot  say. 

By  Senator  Frye  : 

Q.  What  do  you  mean  by  "Kova  Scotian  waters" — withiu  llie  tlin 

mile  shore  line  ?— A.  Oh,  no;  I  mean  the  Northern  waters.  Tksl 

tistics  show,  I  believe,  that  4  per  cent,  of  mackerel  were  taken  iuyoj 

Scotian  waters. 

EFFECT   OF  THE  ABROGATION  OF  THE   TREATY  OF  1870. 


of^ 


By  Senator  Edmunds:    - 

Q.  Can  you  tell  us  what  has  been  the  effect  of  the  abrogation 
treaty  of  1870  on  the  price  of  salted  flsh  in  this  market?— A.  Asa 
eral  thing,  I  do  not  think  it  has  had  any  eflect  at  all. 

Q.  What  becomes  of  the  question  of  duty  that  has  had  to  be  I 
since?— A.  1  think  the  duty  is  borne  by  the  Nova  Scotians cu^r ', 
think  there  is  no  question  about  it. 

Q.  What  nake.'^  you  think  so? — A.  For  many  reasons.  Tliepno 
governed  by  supply  and  demand,  largely  by  supply.    There  maj  l* 


AMEBICAN   FISHEBY   INTERESTS. 


609 


ftffo  kinds    '    «  are  possibly  affected  by  the  duty,  but  I  do  not  bo- 

ieve  that  an^  one  kiud  is  affected  to  the  extent  of  the  duty.    Neither 

)  I  believe,  as  Mr.  Wrightington  has  stated,  that  the  consumer  pays 

J  duty.   The  consumer  buys  oi'  the  retailer,  and  the  price  of  the  re- 

iiler  varies  very  little.    There  is  one  case  that  I  have  cited  a  num- 

jer  of  times  which  illustrates  it  as  well  as  any.    Last  season  there  was 

J  customer  of  ours  in  Baltimore  who  made  the  inquiry  particularly  with 

iis  object  in  view  in  regard  to  retailing.    Among  other  articles  she 

|old-l  say  "  she,"  because  she  is  a  woman — were  a  great  many  of  No.  2 

bore  mackerel,  which  she  sold,  I  think,  for  25  cents;  32(>  mackerel  in  a 

larrel  is  $40  a  barrel.    Now,  it  makes  no  differencci  to  her  in  her  retail 

mm  whether  she  pays  $G  a  barrel  or  $12,  for  $40  a  barrel  will  cover 

1  the  profit  she  wants.    It  is  just  about  the  same  with  every  other 

d  of  fish  that  is  retailed. 


ad  to  be  1)^ 
IIS  euii! 


EFFECT  OF  WHOLESALE  PEIOES  UPON  EETAIL. 

[  When  I  was  in  Washington  last  spring  with  the  committee  from  Bos- 

BD,  before  the  committee  of  the  House,  there  was  a  <^  mtlemen  present, 

I tliiuk  bo  was  a  Western  Senator,  talking  about  cheap  fish.    Said  he, 

cannot  understand  this  cry  about  cheap  fish.    Here  we  have  had 

1  fish  for  years,  and  yet  I  find  when  I  go  to  market  in  the  West  to 

fish  for  my  family,  the  cheapest  thing  is  a  herring  for  my  servant 

iris,  and  that  is  12|  cents  a  pound,  and  I  want  to  know  where  the 

Jteapness  comes  in."    That  illustrates  what  I  said  before — that  the 

liolesale  price  offish  has  very  little  to  do  with  the  retail  price.    The 

jetail  fish  business  is  peculiar;  in  fact,  it  is  all  retail  to  the  consumer 

rthe  reason  that  it  is  largely  used  only  on  certain  days.    That  prac- 

!  has  coine  to  us  from  Europe.    With  all  Catholics  iver  here  Friday 

Ish  day,  and  there  is  always  some  kind  of  fish  on  the  table ;  apd 

kery  one  who  has  gone  to  sea  knows  that  it  is  the  same  on  shipboard. 

lor  that  reason,  as  a  general  thing,  fish  do  not  enter  into  daily  con- 

pptiou  as  many  other  kinds  of  food  do.    So  that  it  comes  to  this : 

at  the  retail  dealers  have  only  tv^o  or  three  days  in  the  week  when 

fey  sell  mauy  fish.    This  tends  to  make  the  retail  price  of  fish  excess- 

,more  so,  I  think,  than  any  other  kind  of  goods.    And  it  is  iu- 

nably  so.   I  know  one  retail  fish  dealer  on  a  street  close  by  the  Tre- 

lont  House,  whose  price  for  halibut  is  25  cents,  year  in  and  year  out, 

D  matter  whether  he  pays  3  or  30. 

[Q.  lie  takes  his  average?— A.  Ho  takes  his  average.  I  have  looked 
that  thing  with  some  care,  and  I  do  not  believe  that  the  duty 
«t8  the  cousumer  except,  as  I  say,  once  in  a  while  on  some  particu- 
f  article  it  may  affect  the  price  to  the  consumer  slightly,  but  not  to 
J  amount  of  the  duty. 

SALT  FISH. 

I  Do  you  buy  these  salt  fish,  that  you  deal  in,  directly  from  the  ves 
*  that  bring  them  in,  or  do  you  buy  from  dealers  in  the  ^^rovinces! — 
I  The  imported  fish  come  here  principally  to  commission  merchants, 
'act  you  might  say  all  of  them.  The  opposition  to  the  duty  on  fish 
JiiMle  in  Boston  principally  by  commission  men  and  dealers  and  their 

COEREOTION  OF  ME.  WRIGHTINGTON'S  TESTIMONY. 

"ghthere  I  would  say  that  Mr.  Wriglitingtoii  mnde  the  remark  that 
"1  interested  in  vessels,  supposing  that  what  he  s".id  was  true.    But 

S.  Ex.  113 3U 


eio 


AMERICAN   FISHERY   INTERESTS. 


Of; 


he  did  not  know ;  I  am  not.    During  the  time  of  free  iish  we  bad  15 
18  vessels ;  quite  a  number  of  them  we  owned.    We  sold  tbein  all,  auj 
to-day  we  have  not  a  thousand  dollars  interest  in  any  vessel. 

EECIPROOITY. 

But  my  opposition  to  reciprocity  is  that  it  is  ruinous  to  the  fish  basj. 
ness  of  New  England.    You  gentlemen  can  be  but  little  aware  howl 
delicate  a  question  that  is  to  the  fishermen  of  the  coast — not  the  larger  I 
fishermen.    But  I  will  say  that  there  are  thousands  of  families  froaij 
Block  Island  to  Eastport,  living  on  the  islands  and  inlets  to  the  coast  1 
that  never  see  $200  in  a  year,  and  many  of  them  never  see  $150.  ]Ju;| 
with  a  little  garden  spot  and  with  the  fish  that  they  can  catch  audi  .! 
and  consume,  they  will  give  their  children  a  good  school  education,] 
dress  them  decently  and  comfortably,  and  this  reciprocity  question  is  a] 
serious  one  to  them.    Mr.  Wrightington  has  said  that  they  oiishtw 
be  protected  in  some  way.    That  is  a  very  strong  admission.    I  do  uo^ 
think  any  opposer  of  reciprocity  could  make  any  stronger  argumeuS 
against  it  than  that.    They  must  be  protected  in  some  other  way,saya 
Mr.  Wrightington.    This  is  a  serious  matter  to  these  families  livinjoa 
a  small  competence,  as  I  have  described. 

Q.  You  call  it  a  serious  matter  to  them.  The  inference  is  that  witli 
either  salt  or  fresh  fish  they  are  not  able  to  get  the  iame  prices  for  tw 
fish  that  they  catch  and  sell  to  the  wholesale  dealers  that  they  otberf 
wise  would? — A.  That  is  it,  generally. 

Q.  Of  course,  they  would  not  care  if  they  got  the  same  price  (oi 
their  fish  ? — A.  It  is  not  a  market  for  their  fish,  but  if  that  market i| 
supplied  even  at  the  same  price  they  cannot  afford  to  go  out 

Q.  If  it  is  supplied  at  the  same  price,  and  all  the  fish  they  briugan 
purchased,  then  what  would  you  say  ? — A.  But  that  is  not  always  till 
case.  Last  spring  the  fish  were  rushed  into  market  aud  left  over  oj 
Nova  Scotia  account,  a  great  many  of  them ;  I  mean  mackerel.  AnI 
more  mackerel  wc  j  sent  here  before  the  duty  was  put  m  than  Jli 
Wrightington  has  sold  together  with  what  are  on  hand  ivow  in  tii| 
city.    I  have  bought  them  as  low  as  $3.50  a  barrel. 

Q.  The  salted  imported  fish  you  buy,  do  you  purchase  tbroiighcon 
mission  houses  here,  or  by  correspondence? — A.  By  correspondenij 
almost  entirely. 

Q.  And  they  are  the  agents  of  dealers  in  the  Provinces  or  agents^ 
fishing  vessels? — A.  No ;  they  are  agents  of  merchants  and  vessel  on' 
era  both,  and  in  some  instances  of  catchers  largely  of  both  mackerj 
and  codfish. 

THE  INSHORE  FISHERIES. 

Q.  I  presume  you  have  not  much  knowledge  on  the  subject  of  tfi 
source  of  this  supply  that  comes  in  to  you,  whether  it  is  taken  inslioi| 
as  I  call  it,  or  outside  of  the  municipal  lines  of  the  British  Proviucef 

The  Witness.  You  mean  fish  caught  by  Americans? 

Senator  Edmunds.  No  ;  these  imported  fish. 

A.  No,  I  think  the  imported  fish  are  largely  caught  on  the  Gral 
Banks  and  other  banks  outside  where  our  vessels  go.  I  know,as| 
know  anything  that  is  told  me,  that  they  come  from  the  Grand  Banf 
from  the  Western  Bank,  St.  Peter's  Bank,  and  other  banks  up  ni  ttf 
region.  i 

Q.  What  portion  of  the  salted  fish  that  you  get  from  Americnn  vj 
sels  and  dealers  do  you  think  comes  from  the  inshore  fislieriesl 


AMERICAN   FISHEUY   INTERESTS. 


GU 


irel. 


agents  < 
•esselow 
mackcrl 


cct  of  i 
;u  inslioil 
'roviucei 


Ithe  Gi-ai 
ciiow,asl 
LndCanlf 
[up  ill  ^1* 

ericiin  ^\ 


The  Witness.  The  Nova  Scotia  shore  ! 

Seuator  Edmunds.  Yes;  and  all  along  the  British  Provinces. 

i.  I  gliould  say  not  any. 

Q.  Substiiiitially  not  any  at  alU — X.  Yes.  I  don't  know  how  close 
j  iusliore  the  flsh  are  canght  in  Labrador. 

Seuator  Edmunds.  It  is  not  very  close,  for  the  coast  is  dangerous. 

The  Witness.  Fish  are  caught  on  the  Ashing  banks;  there  are  their 
Ibauuts.  There  are  a  few  fish  canght  near  inshore  all  along  the  coast 
I  from  Ilatteras  as  far  north  as  you  please  to  go. 

Q.  That  is  a  small  proportion  of  the  catch,  you  think? — A.  Yes. 

BAIT. 

Q.  Have  you  any  information  on  the  subject  of  the  supply  of  bait 

jaadof  the  desirability  of  getting  it  within  the  British  Provinces  T — A. 

!Dly  general  knowledge,  but  my  opinion  is  that  we  had  better  be  with- 

nl  that  privilege  than  to  have  anything  like  rcoii)rocity. 

Q.  Dow  could  they  get  their  bait? — A.  They  could  take  it  with  them 

lor  catch  it  ou  the  banks. 

Q.  Do  you  think  bait  enough  could  bo  caught  on  those  shores,  to- 

Igetherwithwhatthey  could  take  from  here? — A.  Yes;  why  not?  There 

V different  kinds  of  bait.     Vessels  formerly  took  salt  mackerel,  and 

|tiiey  took  clams.    Cf  late  years,  however,  they  think  fresh  bait  is  bet- 

w,  and  I  suppose  it  is. 

Q.  The  mackerel  are  taktm  almost  entirely  in  purse  seines,  are  they 
[lott-A.  Yes,  But  even  if  the  subject  of  bait  arises,  and  all  is  admitted 
kt  they  assume,  it  always  seems  to  me  that  the  seller  is  the  party 
liiiefly  concerned,  more  than  the  buyer  generally  in  trade.  If  the  bait 
ibought  from  the  poor  people  on  the  coast  I  do  not  see  but  that  they 
iceiveasmuch  benefit  from  it  as  we  do.  I  cannot  see  that  the  bait 
Jaestiou,  even  if  it  is  all  that  they  claim,  is  any  better  for  us  than  for 
lietii. 

SALT  FISH. 

JQ.  How  many  tons  of  all  kinds  of  salted  fish  do  you  deal  in  iu  a 

iear!-A.  I  could  not  tell  that. 

iQ.  State  the  gross  amount  in  round  numbers. — A.  I  do  not  know 

pit  it  would  amount  to ;  it  would  be  a  mere  guess. 

[Q.  Is  it  very  considerable,  or  very  little — that  is  the  object  of  my  iu- 

fiy.  Wo  do  not  want  to  pry  into  your  private  affairs. — A.  It  is  a 

m  amount. 

iQ.  Where  do  you  sell  your  fish  that  you  deal  in? 

Tlie Witness.  Where  do  they  go? 

Seuator  Edmunds.  Yes. 

A,  All  over  the  United  States,  the  West  Indies,  and  Cuba. 

IQ.  What  kind  of  salted  flsh  come  to  this  market  to  the  greatest  ex- 

F?-A.  Mackerel  enter  largely,  I  should  suy. 

y  Are  there  more  tons  of  mackerel  than  of  codfish,  or  haddock,  or 

flock!— A.  I  should  say  so,  now ;  it  must  be  the  case ;  though  when 

pros  come  along  they  often  surprise  us. 

I)<.  And  the  mackerel  are  substantially  now  all  taken  in  nets  ?— A.  In 

BAIT. 

So  that,  as  you  understa'^d  it,  as  to  the  largest  proj>ortion  of  the 
pg.or  at  least  in  one  kind  of  fishing,  the  bait  question  would  not 

■«e at  all?— A.  No,  sir. 


G12 


AMERICAN    FISHERY    INTERESTS. 


Q.  BocnuKO  tliey  do  not  use  bait  T — A.  I  should  say  that  it  doescome 
iu  a  little,  because  they  want  bait  from  us ;  they  have  been  to  Porthind 
this  year  aud  bought  thousands  of  barrels  of  bait. 

Q.  But  not  for  inackoi'uH — A.  1  think  they  used  it  for  both  mackerel 
and  codfish,  but  principally  for  codtish. 

INTEKKATIONAL   TROUBLES. 

The  Witness.  1  would  like,  if  there  is  no  objwtion,  to  umlic  Komej 
reply  to  what  has  been  said  by  Mr.  Wrightiugton. 

Senator  Edmunds.  State  anything  you  wish. 

The  WiTNiiSS.  1  took  some  notes  of  Mr.  Wrightington's  reinarlcs;  be  j 
says  "  I  was  rather  glad  that  trouble  came  up." 

Mr.  Wkightington.  No,  you  misunderstood  me  entirely;  I  am  very] 
sorry  that  any  troubles  have  eome  up. 

The  Witness.  1  understood  you  to  say  that  you  were  glad  ibatj 
troubles  came  up  to  settle  this  matter. 

Mr.  Wrightington.  Oj,no;  1  said  that  the  only  way  thatwesetmedj 
to  be  able  to  get  at  any  settlement  of  it  was  just  from  the  troubles. 

The  Witness.  That  is  a  little  milder  way  of  putting  it. 

Mr.  Wrightington.  That  is  Ihe  way  1  did  put  it. 

The  Witness.  Then  I  will  assume  that. 

Senator  Edmunds.  Yes ;  that  is  what  he  said. 

Mr.  Wrightington.  It  was  perfectly  useless  to  talk  about  the  tiiiug 
on  any  other  basis.  1  said  that  it  seemed  to  me  that  the  committe 
that  went  tj  Washington  were  treated  in  such  a  way  that  it  apiicaredl 
to  mo  that  the  thing  was  all  cut  and  dried  the  other  way,  and  llialiB 
was  only  other  troubles  to  come,  and  which  wo  knew  must  come,  tliai 
would  bring  the  matter  under  discussion  in  a  way  to  settle  it.  Tliai 
was  my  idea. 

The  Witness.  I  think  that  parties  here  knew  that  they  were  going, 
aud  I  have  no  doubi  egged  it  on. 

Senator  Edmunds.  Never  mind  about  that;  that  is  of  noconsequeucej 
Any  considerations  you  wish  to  present  on  the  general  question  wj 
shall  be  glad  to  hear. 

premature  mackerel  fishing. 

The  Witness.  There  is  one  question  that  I  take  considerable  inten 
in,  and  have,  aud  that  is  this  southern  fishing  question,  which  1  am  giaj 
to  see  Mr.  Wrightingtou  and  I  agree  upou. 

Senator  Edmunds.  I  forgot  to  ask  you  about  that.    I  would  like  yoi^ 
views  upon  that  question. 

The  Witness.  He  says  he  canned  those  mackerel.    Tiiey  are  a  viij 
poor  fish.    Ho  would  not  eat  them,  and  neither  would  you  or  1.  Tiij 
premature  catching  of  mackerel  is  a  question  that  is  going  tobepn 
sented  to  Congress,  and  I  think  it  will  enter  somewhat  into  the  cousil 
oration  of  tli"*  reciprocity  question.    When  I  was  at  Washiiifitunj 
stated  to  the  committee  that  it  had  been  said,  rather  jocosely,  tb.,  t| 
menhaden  left  the  coast  because  of  the  restrictions  that  had  been  r 
upou  them,  and  that  it  would  probably  be  so  with  the  mackerel. 
stated  that  meuhadeu  were  becoming  so  scarce  on  the  Maine  coast  III 
parties  interested  were  taking  measures  to  remedy  the  difficulty,  ii| 
thai  a  law  had  been  passed  by  the  Maine  legislature  looking  in  tui'^f 
•ection,  but  that  it  was  too  late,  I  said.    I  stated  that  what  we  wauH 
to  do  in  regari^  to  this  southern  fishing  was  to  stop  that  before  wc  wfl 
also  too  late  on  the  mackerel  quest  ion,  and  that  from  the  outlook  at  ti 


amekacan  fishery  interests. 


GV) 


time,  wliicli  was  in  tlio  Hpriiig,  I  began  to  fear  that  wo  were  a  little  late 
iW  it  was.  The  result  has  shown  that  we  are  too  late,  that  is,  to  pre- 
vent the  thing.  The  thing  has  happened.  The  mackerel  coining  on 
mircoaHt  liiive  been  taken  niul  driven  away.  Some  Senator  asketl  mo 
if  tlio  ocean  was  not  wide,  v  ide  enough  for  them  to  go  to  another  poii>t 
wiien  driven  from  one  place.  That  may  be  when  the  fiwh  are  feeding, 
but  not  when  they  go  to  the  spawning  grounds.  They  have  n'gular 
spawuiiig  grounds,  which  are  narrow  and  restricted,  and  if  they  are 
driven  or  frightened  from  there,  the  number  continues  to  get  less  and 
less  every  year,  and  finally  they  cease  altogether.  This  is  the  bearing 
tliat  it  lias  upon  the  questions  before  you:  that  it  drives  away  the  flsh 
from  our  shore.  It  does  not  aifect  the  Nova  Scotia  cat(!h  so  much,  for 
tliereiison  tliat,  so  far  as  is  known,  the  bodies  of  mackerel  on  the  whole 
Atlantic  coast  do  not  come  up  by  Hatteras  and  Block  Island  and  along 
oursbore,  but  they  come  in  as  far  down  as  Sable  Island  at  about  the 
same  time  they  strike  in  here.  So  it  is  thouglit,  and  it  is  generally  be- 
lieved, that  there  are  bodies  of  mackerel  north  in  the  edge  of  the  Gulf 
stream  during  the  winter,  where  the  water  is  warm,  because  they  strike 
in  on  tbo  '  onthern  coast  at  the  same  tune  they  do  here.  But  there  is 
uo question  about  that  school  that  we  dej)end  ui)on,  nor  when  or  how 
tbey  will  come.  The  time  of  their  coming  hardly  varies  three  days  year 
after  year  at  Cape  Cod. 

Q.  Where  do  you  think  they  come  from? — A.  From  the  south;  how 
far  south  wo  do  not  know. 

Q.  Do  you  think  as  far  south  as  Hatteras? — A.  Oh  yes,  because  they 
arecanght  tbere,  and  they  have  been  followed  up. 

Q.  Tbo  fishing  fleet  that  begins  at  Hattems  follows  the  school  north- 
ward along  the  coast  until  they  get  u])  around  Cape  Cod? — A.  Yes,  and 
come  into  our  bay.  There  is  a  school  that  lirst  strikes  Cape  Cod  that 
does  not  come  into  our  bay  usually.  That  strikes  the  Nova  Scotia  shore 
at  about  Barrington.  But  as  regards  the  southern  lishing  it  can  be 
shown  conclusively  th.'it  that  enters  into  this  question  before  you  to- 
day, that  it  is  driving  the  fish  away  from  our  coast  and  putting  us  more 
and  more  into  the  hands  of  the  Nova  Scotia  people. 

Senator  Edmunt?s.  But  you  must  consider  that  the  coast  of  the  Car- 
olinas  about  Hatteras  is  as  much  our  coast  as  the  coast  of  Massachu- 
setts Bay;  so  that  would  not  seem  to  be  much  of  a  point. 

The  Witness.  I  do  not  understand  you  exactly. 

Senator  Edmunds.  You  say  that  the  catching  of  these  fish  down  at 
t  Cape  Hjitteras  so  early  prevents  their  coming  uj)  to  Cape  Cod. 

The  Witness.  Yes. 

Senator  Edmunds.  What  if  it  does?  The  flsh  that  are  caught  there 
I  arc  used  by  oar  people. 

The  Witness.  In  the  first  place,  they  are  good  for  nothing. 

Senator  Edmunds.  That  is  another  question. 

The  Witness.  And  in  the  next  place  it  prevents  the  flsh  coming  in 
herein  the  summer  time  when  they  are  feeding,  and  when  they  would 
be  good  flsh.  The  case  is  so  plain  to  me  that  it  may  be  that  I  do  not 
elaborate  it  sufiBcientlj\  The  proposed  law  restricting  the  cati^h  of  fisli 
names  tbe  Ist  of  June  as  the  limit.  As  far  as  I  am  concerned  I  should 
nave  preferred  the  Ist  of  July  as  the  limit.  The  argument  was  brought 
npby  Mr.  Miller,  of  New  York,  before  the  committee,  and  also  by  Mr. 
wnjamin,  that  we  were  very  anxious  to  have  theui  stop  catching  until 
luelstof  June,  and  then  we  could  catch  them  in  June  when  we  knew 
Ijliat  they  Imd  not  all  spawned  and  were  equally  poor.  But  I  should 
pave  prelerred  to  have  the  close  season  up  to  the  1st  ftf  July. 


614 


AMERICAN    FISHERY    INTERESTS. 


Q,  Alo  they  good  for  anything  immediately  after  they  have  got  l 
through  spawning  f — A.  They  recover  iu  ten  days  so  as  to  bo  quite  ma. 
able. 

UPAWNING  SEASON  OF  MAOKBREL. 

Q.  About  when  is  the  spawning  season  t — A.  About  the  last  of  June, 

Q.  When  they  are  engaged  iu  the  perlbrmance  of  that  function  they 

are  not  within  reach  of  tlie  netst — A.  Not  when  they  are  spawning- 

they  are  then  usually  on  the  bottom.  ' 


PRICE,  QUALITY,    AND  QUAl,riTY   OF  MACKEREL. 

Mr.  Wrightingtou  said  that  he  thought  that  mackerel  wore  higli  on  l 
account  of  the  duty,  and  that  two  or  three  years  ago  thoy  wore  $4  or 
$5  lower.  If  I  had  the  tables  hero  you  would  see  that  two  yeara  ago 
we  had  a  very  large  catch  of  very  poor  mackerel,  and  there  was  not  a 
demand  for  so  many  of  so  poor  a  quality.  That  was  what  affected  the 
price  largely.  At  the  same  time  it  cannot  be  denied  that  the  scarcity 
of  fish  this  year  has  been  an  element  in  determining  prices,  althongii 
the  prices  are  not  excessive.  The  rise  that  has  taken  place  in  the  kst 
six  or  eight  weeks  is  not  altogether  by  any  means  owing  to  the  scarcity] 
80  much  as  to  the  quality.  The  quality  has  improved,  and  therefore! 
the  price  has  also  improved ;  at  the  same  time  it  is  improved  somooD] 
account  of  the  scarcity. 

Q-  Do  you  think  the  general  quality  for  this  whole  fishing  season  1 
been  better  than  that  of  two  years  ago  ? — A.  The  general  quality  1 
been,  although  some  were  a  great  deal  better  and  some  a  great  deal! 
poorer  than  this  year  so  far.  The  best  mackerel  ar  auglit  on  carl 
coas.  when  we  catch  any,  and  we  have  always  caughf  i  before  tliisj 
year.  The  Nova  Scotia  mackerel  are  not  particula  ,  jd  fish  this! 
season ;  they  are  of  fair  quality  but  nothing  remarkable. 

Q.  How  late  are  the  mackerel  caught  on  this  coast?— A.  I  liavel 
known  them  to  be  here  until  the  middle  of  September,  though  8oiDe{ 
times  they  leave  in  the  latter  part  of  October. 

Q.  There  are  great  quantities  down  about  Vineyard  Sound  and  Gayj 
Head  t — A.  Yes ;  small  mackerel. 

Q.  Following  immense  shoals  of  herring  f — A.  Yes. 

Q.  Please  give  us  the  various  names  that  you  give  to  the  different 
kinds  of  mackerel,  and  the  different  numbers,  describing  the  quality  ofl 
each  kind,  from  the  poorest  to  the  best.— A.  The  inspection  law  olj 
Massachusetts — like  all  laws,  it  is  rather  ambiguous — speaks  of  Ko.I 
mackerel,  the  best  mackerel,  that  are  13  inches  and  over ;  those  arethej 
best  and  fattest.  No.  2  is  the  next  quality  of  fat  mackerel,  and  that  i 
from  11  to  13  inches.  The  next  lower  quality  is  No.  3,  from  lOtol^ 
inches.  And  the  rest  are  No.  4's.  I  don't  think  that  the  law  of  Massi 
chusetts  specifies  any  other  kinds. 

Q.  Except  Noa.  1,  2,  3,  and  4  ?— A.  Yes. 

Q.  And  No.  4'8  are  all  below  11  ?— A.  No ;  below  10. 

Q.  Does  that  grade  really,  in  the  trade  or  under  the  law,  come  don 
to  mere  tinkers,  as  you  call  them  ? — A.  Yes,  sir. 

Q.  All  ;ielow  10  inches  are  tinkers? — A.  Yes,  sir. 

Q.  As  a  fact,  do  they  pack  in  halt  a  fish  that  is  under  8  inches  longi- 
A.  I  have  seen  them  pretty  small.    I  havehad  them  this  year  l,400to( 
oarrel.     Now,  as  to  the  trade.    There  are  many  qualities  of  raackerej 
more  so  than  o*any  other  fish,  I  think.    The  trade  has  an  extra  mr 


AMERICAN  FlSltERY   iNTERESl'fl. 


cir> 


J  liloiitiT  iJX'sa,  a  larpfo  mesa,  uiul  then  a  mess.  Then  they  have  a 
l,|(i,iter  No.  1,  ami  evtra  larpo  No.  1,  and  an  extra  No.  1  ;  iiiid  then  they 
liiM' extra  No.  -'f",  sliore  No.  2'8,  u'ul  hay  No.  liV. 

0,  Ni».  -  is  i^oorer  than  No.  1  ? — A.  Notalv.ays }  it  may  often  be  only 
(litlt'niK'e  in  size,  the  qnality  hoing  the  sam**.  Then  lliere  are  nu*<Iinni 
>o,;i'ti,  inal  small  .Tm,  tinkers,  ami  No.  4*8;  then  there  are  larj^e  3'8, 
lariieiiKMliums,  and  larfje  2'8.  It  takes  all  those  ilistiiielions  to  meet 
ilio (loiiiiuid  that  is  made.  Two  or  three  years  a>,'o,  under  free  trade, 
\'i\H''Ss  were  sold  to  fio  to  Ilayti  tor  $11  and  $12  a  barrel, 

Q.  jlow  larjjo  wonld  those  lish  be? — A.  Tliirteen  inches  and  over. 
Al'icrwiu'ds  the  smsiller  lish  were  more  abundant,  in  this  time  that  Mr. 
Wri«liliiiKt<>a  speaks  of,  and  those  were  rather  preferred,  so  they  do 
Dot  like  large  3's  now. 

DUTY  ON  FISH. 

Under  reciprocity,  those  large  3'8  sold  for  $11  and  $1L*  a  Iwrrel ; 
Uliile  iiov,',  under  duty,  they  are  selling  for  $8.50.  So  that  1  do  not  see 
Itluit  tlKuluty  has  atteeted  those  much.  It  is  only  three  years  ago  that 
Itlievsold  toi'lll  and  $12. 

Mr.  WuiGnriNGTON.  Of  course,  the  quantity  has  something  to  do 
[witliit.iis  well  as  the  demand.    1  claim  fhat  this  must  be  so. 

The  Witness.  Now,  he  say.s  that  Nova  Scotia  peoj)lo  will  have  to  go 
loat  of  tilt!  business.  Excuse  uie  for  quoting  Mr.  Wrightington.  If 
Idaty  is  (loiiig  to  drive  the  Nova  l^cotia  people  out  of  the  business,  who 
lliveiniicli  more  cheaply  than  our  jieojde  cati,  what  is  going  to  result  to 
lour  lisbennen  if  we  have  free  trade  I  It  seems  to  me  that  we  shall  auflfor 
las  much  under  free  trade  certainly  as  Novj  Scotia  will  under  the  duty. 
jliionot  see  how  ho  can  argue  any  ditterently. 

Mr.  Wrightington.  With  a  large  supjdy  '.A'  fifili,  ol  course,  until 
jlliings  get  regulated  all  around,  those  people  must  get  a  low  price ;  but 
jeveiitually,  of  course,  they  must  get  a  fair  i)rice,  and  we  munt  get  a  fair 
price.  The  business  must  regulate  itself  on  the  basis  of  supply  and  de- 
liuiiud.  People  will  not  go  for  tish  unless  there  is  a  fair  price  awaiting 
llhem  ou  tl.'eir  return.    The  ability  of  the  West  India  market  to  consume 

ishaflects  our  market,  and  the  low  price  of  fish  has  a  bearing  on  the 
jibility  of  those  people  to  use  these  Nova  Scotia  fish. 

Si'iuitor  ED31UNDS.  Has  either  of  you  gentlemen  been  down  on  the 
jisbir,};  coast  of  the  British  Provinces  ? 

Mr.  Wrightington  and  Mr.  Kich.  No. 

The  Witness.  1  do  not  think  Mr.  Wrightington  lias  answered  this 

Raestion  iu  regard  to  the  relative  efl'ects  of  duty  and  free  trade  to  my 

Btisfactiou,  but  that  is  not  for  me  to  say. 


codfish. 

AsMr.  Wrightington  states,  codfish  were  never  sold  so  cheap  as  they 

IK  now. 

FISH  IN  BOND. 

Tliere  is  one  question  that  arisea-there,  in  regard  to  flab  in  bond.  The 
tetriiction  put  upon  it  by  the  Department  is  diftereut  from  what  it 
la.s !» few  yoars  ago.  Formerly  we  were  .allowed  to  pack  codfish  in 
^•"l  as  also  mackerel  and  alloways,  although  they  came  in  bulk.    If  I 

ifollect  aright,  the  theory  is  that  they  can  be  put  into  packages,  when 
Nuired,  tor  immediate  preservation.  The  English  (jrovernment  al- 
Rvs  construes  the  law  in  favor  of  the  merchant  j  oyr  Governmei»t 


616 


AMEEiCA.T   FiSlifcBY   iNtERESTfil. 


sometimes,  nearly  always,  seems  to  construe  the  law  against  us.  Wei 
"were  formerly  allowed  to  pack  codfish  and  other  kinds  in  packaceJ 
where  they  came  in  bulk,  for  shipment  ia  bond;  butfortbe  kstie?! 
years  that  has  been  stopped.    It  hjis  resulted  in  this :  tliat  the  NovJ 
Scotia  peoi)le  send  their  fish  here  in  bond  packed  for  shiiMncnt.  Ty 
can  be  done.    But  they  are  very  unreliable.    In  fact,  all  NovaSnuia 
packages  are  unreliable — codfish,  mackerel,  and  herring.    If  thelnliod 
question  enters  into  it,  they  get  all  tlie  labor  and  get  paid  for  it,  and  u 
get  nothing;  it  simply  passes  througi<  our  hands.    Whether  iuiyclianud 
will  be  made  in  that  respect,  I  do  not  know.    It  does  not  seem  to  ni^ 
that  it  would  afiect  our  fishing  interests  here  at  all. 

NOVA  SCOTIA  PACKING. 

Q.  What  do  you  mean  when  you  say  that  the  Nova  Scotia  packingii 
unreliable  ? — A.  I  mejvn  that  rio  kind  of  fish  that  Nova  Scotia  puts*iij 
can  be  relied  upon  without  a  thorough  examination. 

Q.  Eehed  upon  how? — A.  As  to  the  quality  and  kind.    I  liaveseej 
a  thousand  barrels  ot  herring'  landed  here,  and  sold  at  one  time,  tli,il 
had  300  barrels  of  them  hiUf  full  of  eel  grass,  paving  stones,  &e, 
have  also  had  packages  that  were  all  right  at  each  end,  but  were  iille| 
up  with  eel  grass  and  tho  like  in  the  middle. 

Q.  Do  you  open  and  repack  these  Nova  Scotia  packages  before  jo 
put  them  upon  the  market? — A.  Yes,  as  a  general  thing,  or  else  v 
amine  them  thoroughly. 

HEERIN&. 


In  the  matter  of  herring,  it  is  true  that  the  herring  we  Lave  on  the 
shores  are  not  fat ;  neither  are  the  majority  of  Nova  Scotia  lierriiiff  fal 
We  take  nothing  on  these  sliores  as  poor  as  Georges  Bay  lierriiijrc 
Dalhousie ;  they  are  the  poorest  that  car  be  put  up. 

Q.  Do  herring  enter  larj^ely  into  the  consum})tion  of  the  Uiiitel 
States  ? — A.  Yes ;  quite  largely. 

Q.  They  are  consumed  chiefly  m  the  large  cities  ?— A.  Yes. 

Q.  They  do  iiot  get  into  the  country  stores  ? — A.  They  arc  consuuiej 
chiefly  in  the  large  cities,  but  they  are  sold  all  over  the  (;oiii)try;  tli^ 
are  sold  largely  in  Virginia  and  North  Carolina  and  the  West. 

Q.  Are  they  smoked  ? — A.  O,  no;  pickled.  They  are  sold  largelj  i 
the  extreme  Northwest;  also  among  tne  Norwegians,  who  liavel 
accustomed  to  use  herring  at  home.  The  best  herring  wo  got  here; 
the  Labrsulor  herring,  and  their  shore  splits  are  very  good. 

Q.  Did  the  price  of  Labrvdor  herring  rise  immediately  after  tS 
termination  of  the  treaty  ? — A.  They  were  never  so  low  as  this  i 
winter  and  spring;  they  were  very  low.    Here  is  the  same  arguaia 
as  in  the  other  matter,  and  that  is  there  was  an  excessive  catcii,av(.J 
excessive  one;  they  were  sent  hero  in  large  quantities,  and  thejwrtij 
who  managed  the  business  managed  it  very  unskillfully.   Tiiey  f 
not  only  large  quantities  to  the  commission  men,  but  to  the  iium' tli 
like  to  make  a  large  outlay,  and  consequently  they  damaged  thomselP 
and  us,  too.    This  season  the  Labrador  catch. so  far  has  been  an  cutl 
iailurc.    I  have  not  heard  up  to  this  day  of  a  barrel  of  uerriii;;  m 
caught  on  the  Labrador  coast.    There  were  a  few  brought  in  yestcnU 
that  we"*^  caught  on  the  other  side  of  the  Straits ;  coMse(inently  m 
beiuf';  none  to  speak  of  tiiey  are  high.    They  are  worth  |(i  n  Iw""'!) 
stead  of  a  year  ago  at  this  time,  1  should  say,  |4  or  $4.i>0. 


AMERICAN   FISHERY    INTERESTS. 


017. 


Q.  That  is,  a  barrel  of  200  pouiulu? — A.  Yes;  but  the  duty  was  on 
them  the  same  as  now;  and  yet  to-day  Labrador  herring  would  sell  for 
$1)  a  barrel,  just  because  they  are  scarce ;  tuoy  would  sell  for  just  as 
ninch  as  if  they  were  free. 

Q.  Do  you  not  think  that  your  lish  bureau  tables  will  show  all  tlicse 
prices!— A.  I  think  so. 

Mr.  Wrightington.  I  think  so. 

STATISTICS. 

Q.  As  a  matter  of  infornaation,  we  would  like  you  to  send  us  reports 
for  three  or  four  years,  in  ordei.'  to  get  a  general  average. — A.  If  you 
go  to  Gloucester,  there  is  also  a  fish  bureau  there,  and  you  can  com- 
pare our  figures  with  theirs.  I  think  those  for  Boston,  however,  will 
give  closer  prices. 

CLOSE  TIME. 

By  Senator  Saulsbuey  : 

Q.  You  refer  to  the  spring  catch  of  mackerel,  and  I  understand  you 
j  are  in  favor  of  restricting  that  ? — A.  Yes ;  I  am,  decidedJy. 

Q.  They  are  caught  on  the  Southern  coast,  from  Hatteras  north- 
]  wardt— A.  Yes,  sir. 

Q.  How  long  do  the  mackerel  remain  on  the  Southern  coast? — A.  We 
I  do  not  know  where  they  go  in  the  winter  season.  They  leave  these 
j  waters  about  the  last  of  October,  their  leaving  depending  to  some  ex- 
j  tent  upon  their  feed,  or,  as  Professor  Baird  says,  the  temi)erature  of  the 
I  water,  or  both.  They  leave  from  the  last  of  October  to  the  middle  of 
j  December,  which  is  very  late. 

Senator  Edmunds.  Mr.  Saulsbury  was  asking  you  about  the  South- 
I  em  coast. 

The  Witness.  They  leave  here  and  go  down  the  Southern  coast  and 
I  op  by  Hatteras,  and  we  do  ni>.  hear  of  them  again  until  the  ')ext  season. 

Q.  (By  Senator  Saulsbury.)  How  long  does  the  fishing  Last  on  the 
[Southern  coast? — A.  About  the  last  of  March  they  are  found  off  Hat- 
teras, and  are  followed  by  our  vessels  up  the  coast,  getting  up  off  New 
York  the  last  of  April  or  the  first  of  May,  and  around  into  Massachu- 
setts Buy  by  the  m'.ddle  of  June.    So  they  last  about  two  months  from 
1  Hatteras  to  Block  Island. 

Q.  If  these  fishermen  be  deprived  of  the  opportunity  of  catching  fish 
Idnring  those  seasons  of  the  year,  what  other  opportunity  would  they 
I  have t 

Tbo  Witness.  What  flshermeu? 

Senator  Saulsbury.  The  men  engaged  there= 

Tlie  Witness.  By  asking  you  a  question  I  only  want  to  get  at  what 
j  you  want. 

j  Q.  Yoa  do  not  know  where  the  fishermen  are  from,  who  are  engaged 
[lu those  fisheries? — A.  I  am  not  aware  that  there  are  any  fishermen  oti 
|tliatcoast.    There  are  a  few  fishermen  on  the  Jersey  coast  who  fish  in 


SEINE  V8.  HOOK  AND  LINE. 

^ow,  I  Jo  not  objec  '^  *:g  i;atching  any  of  these  mackerel  with  hook  and 

It  is  catching  them  with  deep-sea  seines  to  which  I  object.    With 

.,      seines  you  surround  a  body  of  mackerel  of,  may  be,  500  or  iSOO 

I  Barrels;  of  those  500  or  800  barrels  200  or  300  are  saved,  and  the  rest 


CIS 


AMERICAN  FISHERY  INtfiREStS. 


are  thrown  away;  those  200  or  300  barrels  are  brought  in  and  half  of 
them  spoil  and  are  thrown  away.    When  I  was  before  the  committee 
in  Washington  the  bill  under  consideration,  I  think,  allowed  fishing  in 
row-boats  on  the  New  Jersey  shore  with  hook  and  line  of  i)erhaps25j 
feet.    The  Senator  from  New  Jersey  asked  if  I  bad  any  objection  to 
hook  and  line.    I  said  no,  not  if  people  chose  to  catch  the  fissh  that 
way  and  eat  them,  but  what  I  did  object  to  was  going  down  there  witli 
seines,  and  the  reason  1  gave  was  that  the  seines  frightened  the  lisb 
and  drove  them  away  when  they  were  on  their  way  to  their  spawning 
grounds.    The  large  vessels  fishing  with  hook  and  line  have  bait  ground  I 
as  fine  as  can  be,  and  that  is  thrown  overboard  and  they  fish  alongsideJ 
The  fish  in  that  case  are  fat,  and  if  anybody  chooses  to  so  catch  them! 
I  have  no  c'yection.    As  our  people  here  in  New  England  and  inthej 
North  are  the  only  ones  who  fish  exclusively  with  seines,  I  do  not  tbinki 
I  am  asking  anything  against  any  one  South.    I  have  said  that  our  peo-j 
pie  are  the  only  ones  who  fish  exclusively  with  seines;  I  should  make, 
one  solitary  exception ;  he  is  in  New  York;  and  he  is  opposed  to  SoutliJ 
ern  fishing.    Under  these  circumstances  I  do  not  think  I  amaskiugj 
anything  against  any  one  in  the  South.    Do  you  think  I  ami 

Senator  Saulsbury.  I  do  not  know,  of  course,  where  these  fislierl 
men  live.    I  simply  desire  to  know  whether  the  fishermen  who  desin 
to  fish  on  these  shores  would  liave  any  opportunity  to  catch  on  tlies^ 
shores  again. 

The  Witness.  Yes ;  every  opportunity  with  hook  and  line. 

Q.  I  understood  you  to  say  that  these  fish  are  on  that  shore  froiaj 
March  to  the  first  of  May  ? — A.  Yes ;  and  off  Block  Island  there  is  i 
seine  that  stays  set  all  summer.    It  is  not  only  the  destruction  of  tlid 
fish  and  driving  them  away  to  which  I  object,  but  it  is  also  ourowij 
fishing  with  seines  that  I  wish  to  prevent. 

Q.  1  suppose  if  there  was  a  market  down  there  the  fishermen  would 
have  seines,  and  many  have  them  already? — A.  From  my  knowledg^ 
of  the  business  I  should  not  suppose  they  would. 

By  Senator  Frye: 
Q.  It  is  a  pretty  expensive  business  ? — A.  Yes,  sir. 

By  Senator  Saulsbury  : 
Q.  If  the  men  down  South  found  it  profitable,  they  would  go  into  th 
business? — A.  This  is  no  shore  fishing,  you  understand.    Thisdeeps 
fishing  requires  largo  vessels  and  an  expensive  outfit.    A  vessel's  ou| 
fit  would  cost  from  $10,000  to  $18,000.    It  is  too  precarious,  and  itb^ 
been  called  a  lo'tery. 

UNCERTAINTY  OF  DEEP-SEA  FISHING. 

Gloucester  has  within  the  last  two  years  lost,  in  provisions,  vessel 
and  boats,  several  hundred  thousand  dollars  in  Southern  fishing.  Bl 
once  in  a  while  one  vessel  will  make  a  good  stock.  It  is  like  a  lottery^ 
one  loses  and  auoiber  makes  a  fortune. 


THE  QUESTION  OF  LOCALITY. 

There  is  nothing  against  any  locality  that  would  enter  into  thcca 
one  particle.  There  is  no  feeling  among  the  fishermen.  There  iaj 
desire  to  deprive  any  man  in  any  locality  of  his  rights. 

Senator  Saulsbury.  I  was  not  thinking  so  much  of  theflsbin?! 
tcrest  as  I  was  of  the  community  who  consume.    I  understand  tbati 


AMERICAN    FISHERY    INTERESTS. 


GIO 


Kins  of  spring  fis!  are  sold  cheaper  than  those  which  are  put  np  at  a 
later  season,  and  are  better  flsli.  If,  therefore,  you  take  away  the 
hrivilegeof  a  certain  chiss  of  supplyin«j  poor  people,  the  question  is 
fflietheryou  would  not  deprive  them  of  the  o/qmrtunity  of  purchasing 
anvfish  and  force  them  to  do  without. 
Mr.  Wrightington.  The  quantity  of  these  Southern  fish  canned  is 
very  small.    The  principal  use  they  are  put  to  is  to  salt  them  in  barrels 

and  packages.  "  , ,  , 

Senator  Saulsbury.  You  mean  that  in  that  iorm  tliey  are  sold  bet- 
ter and  at  a  lower  figure  than  the  fish  caught  at  a  later  .season? 
Mr.  Wrightington.  Yes,  sir. 

The  Witness.  I  wouhl  like  to  ask  Mr.  Wrightington  if  the  better 
mlity  of  maijkerel  are  not  sold  as  cheap  and  often  cheaper  than  the 
[early  ones.    That  is  the  case,  isn't  it? 

I  Mr.  Wrightington.  No;  I  <lon't  know  that  it  is.    Of  course,  the 
I  price  of  fresh  fish  is  determined  to  some  extent  by  the  quantity  on  iiand, 
as  well  as  by  other  considerations. 


TESTIMONY  OF  EDWIN  P.  COOK. 

Provincetown,  Mass.,  October  1,  18S0. 

EDWIN  P.  COOK  sworn  and  examined. 

By  Senator  Edmunds  : 
Question.  What  is  your  ago  ? — Answer.  Forty-three. 
Q,  Where  do  you  live  ? — A.  Wellfleet. 
Q.  What  is  your  occupation  ? — A.  Fish  denier. 

Q.  What  kind  of  fish  do  you  deal  in  ? — A.  Mackerel,  at  the  jiroseitt 
jnic, 

Q.  Have  you  ever  dealt  iu  any  other  kinds? — A.  I  have. 
4  How  long? — A.  I  was  in  the  codfi.sh  business  one  year. 

MACKEREL  FISHING. 

[Q.  Where  do  the  mackerel  come  from  that  you  d«'al  in? — A.  The 
lores  of  St.  Lawrence  Bay. 

[Q.  Have  any  vessels  from  your  place  been  up  there  this  year?— A. 
m  lew. 

[Q.  Did  they  have  much  of  a  catch? — A.  It  was  not  a  successful 
N)yage to thein  this  year.  There  was  only  one  vessel  that  brought  in 
*  '1  fare. 

INSHORE    FISHING. 

IQ.  Where  are  the  mackerel  generally  caught  up  there,  in  respect  of 
peinsliore  line,  ns  it  is  called  ? 

I Tlie  Witness.  Where  I  have  been  in  the  Bay  myself  ?    Do  you  mean 
|y  knowledge? 

iSenator  Edmunds.  Yes,  your  knowledge,  and  Jinformation  as  well. 
I  A.  I  have  been  up  there  three  years.    One  year  we  caught  the  most  of 
Hsh  off  Magdalen  Islands.    One  yenr  our  voyage  was  off  Cape  Es- 
jjiiiac  and  off  (3ape  Prince  Edward's  Island.  ' 

jQ;  IIow  near  the  shore  were  your  (iatches  made? — A.  Within   about 
'lof  slwre.    Off  Mscuminao  we  lishod  vei^y  near  the  shore. 


> 

'i- 

teh 

^l#lrl.i 


G20 


AMERICAN  FISHERY  INTERESTS. 


Q.  Did  you  fish  near  the  buore  because  the  fish  wore  there,  or 
cause  it  was  more  convenient,  or  why  ? — A.  The  schools  were  there  i 
that  time,  and  that  was  the  best  fishing,  of  course. 

Q.  How  long  was  that  ago  t — A.  That  was  18  years  ago. 

Q.  You  have  not  been  up  there  since  that  time  ? — A.  Not  since. 

Q.  What  is  your  information  as  to  where  our  people  fish  up  theret- 
A.  They  fish  on  the  same  grounds  I  have  named,  except  Magdalen  Isl 
ands ;  they  haven't  fished  around  there  this  season. 

BAIT. 

Q.  What  do  you  do  up  there  for  bait  for  mackerel,  or  do  you  flsiiwitl 
nets  entirely  t — A.  We  fish  entirely  with  seines. 
Q.  So  that  the  bait  question  is  not  a  disturbing  element?— A.  No,i 

CODFISH. 

Q.  Where  are  the  codfish  caught  up  there  that  yon  deal  int-A.j 
am  not  dealing  in  codfish  at  the  present  time.  I  believe  the  last  Iba 
was  caught  on  the  Grand  Banks. 

Q.  You  do  not  deal  in  codfish  now? — A.  No^  sir ;  I  do  not. 

4.  Where  are  most  of  the  codfish  taken  that  come  to  Proviuci 
town? — A.  I  have  the  only  vessel  in  the  place,  aud  the  only  one fi^ 
some  twenty-five  or  thirty  years. 


MAOK£REL. 


Q.  Your  vessels  are  all  mackerel  catchers  ? — A.  Yes,  sir. 

Q.  What  is  tue  character  of  the  mackerel  that  you  catch  np  thei 
compfired  with  those  caught  off  our  coast,  in  respect  of  quality!-^ 
They  are  not  so  good  as  our  shore  mackerel. 

Q.  What  is  the  reason?  Are  they  not  so  large  <*  so  fat!— A.  fhi 
are  sometimes  larger,  but  not  so  white  and  fat  as  our  shore  nia«kerel.| 


Q.  But  they  are  precisely  the  same  fish,  I  suppose  ?— A. 


Yes,  sir. 


FREE  FISH. 

Q.  What  is  your  information  from  all  these  fishermen,  and  what] 
your  own  knowledge  gained  from  experience  in  the  business,  in  reft 
to  the  effect  that  the  treaty  of  1870  had  upon  your  fisbinji:  inten 
that  treaty  giving  the  British  people  the  right  to  bring  in  tlsli  frcel 
A.  I  think  it  was  ruinous  to  the  business.    It  drove  me  out  of  one  brai^ 
of  the  business  entirely,  and  caused  me  to  lose  every  dollar  1 1 
into  it. 

Q.  What  was  its  effect  upon  the  retail  market,  so  far  as  you  kDo| 

The  Witness.  Shall  I  state  what  I  sold  my  fish  for? 

Senator  Edmunds.  Yes. 

A.  I  had  a  fare  of  fish  that  averaged  me  $2  a  quintal,  aud  fromj 
best  information  in  regard  to  the  fish  as  I  sent  them  into  the  markej 
that  is,  without  being  prepared,  skinned  or  anything  of  the  kind-tr 
brought  from  5  to  8  cents  a  pound;  and  the  fish  that  I  sold  tliatr 
skinned  and  put  into  boxes  the  parties  told  me  they  got  10  to  12c 
a  pound  for  at  retail.  I  was  selling  at  an  average*,  of  li  cAuts a iwj 
when  they  cost  me  3  cents  a  pound  to  catch  and  got  them  horacMr<^ 


AMEEICAN   FISHERY   INTERESTS. 


621 


Q,  Tba  effect  of  that  treaty  aud  the  practice  under  it,  then,  if  I  un- 
Beretand  you,  was  not  to  make  the  fish  any  cheaper  to  the  people  who 
btetbera,  but  only  to  undersell  you  in  your  tratle  with  the  wholesale 
tolerat— A.  Yes,  sir ;  and  to  overstock  the  market  and  give  us  no 
[pportuDity  to  combine,  as  other  industries  of  the  country  have  done. 

EXTENT  OF  THE  FISBUNG  BUSINESS  OF  IROVINCETOWN. 

Q.  About  what  quantity  of  fish  come  into  your  place  per  season  t 

The  Witness.  Of  mackerel? 

Senator  Edmunds.  Yes. 

A.  Tbis  year  probably  there  will  not  be  4,000  barrels. 

Q.  Take  it  for  ten  years  together,  what  would  be  the  average  ? — A. 
Asour  fleet  has  been  cut  down  nearly  one-half  during  the  last  ten  years, 
I  could  not  give  a  fair  estimate.  During  the  past  five  years  we  landed 
hbont  30,000  barrels  of  mackerel. 

Q.  About  what  fleet  have  you  ? — A.  About  thirty  sail. 

Q.  About  what  tonnage  ? — A.  They  will  average  about  70  tons  apiece. 

Q.  How  many  men  to  the  vessel  ? — A.  From  13  to  17. 

Q.  Do  they  make  more  than  one  voyage  a  year  usujJliy  ? — A.  In  the 
iiackerel  business  it  is  according  to  the  catch.  Some  years  we  have 
Rade  ouly  cue  trip  to  the  Bay  shores,  and  come  homo  and  quit  it. 

SEIZURE  OF  THE  HIGHLAND  LIGHT. 


Q.  Have  they  fished  in  the  Bay  of  Chaleur  this  year  ! — A.  Part  of 
k  fleet. 

Q.  Were  any  of  them  interfered  with  in  any  way  t — A.  One  of  them 
las  beeu  seized. 

Q.  What  was  her  name? — A.  The  Highland  Light. 
Q.  Where  was  she,  according  to  your  information,  when  she  was 
lized?— A.  Oflf  west  of  East  Point,  at  a  place  called  the  Chapels,  I 
hink. 

I  In  the  Bay  of  Chaleur  ? — A.  No ;  on  the  north  side'of  Prince  Ed- 
M's  Island.    The  northeast  point  of  Prince  Edward's  Island  is  called 
St  Point. 

:  Q.  Was  she  seized  at  sea,  or  where? — A.  She  was  seized,  as  we  un- 
ptand,  within  the  three-mile  limit. 

i  Q.  Have  any  of  her  officers  come  back  here? — A.  Yes,  sir;  her  cap- 
tain came  home. 

i  Q.  He  is  not  here  today  ? — A.  No,  sir ;  I  don't  know  as  he  is  in  town. 
i  Q.  Was  she  seized  on  account  of  fishing  within  the  three-mile  limit  ? 
^A.  She  was  lying  to,  as  vessels  usually  do  to  catcu  mackerel  on  the 
wok,  as  I  understand,  and  was  throwing  bait,  and  one  of  the  crew  was 
Wchiug  codfish. 

Q.  Is  that  the  only  vessel  from  your  place  that  has  beeu  interfered 
^tht-A.  Yes,  sir. 

THREE-MILE  LIMIT. 

I Q.  They  did  not  undertake  to  seize  any  of  them  foi-  fishing  outside  of 
[e tbreemilo  limit  in  the  Bav  of  Chaleur?— A.  No,  8»r;  thev  were 
Ferinterrupted  in  their  business. 

Vi  So  you  have  known  of  no  instance  this  year  where  the  headland 
neory  has  beeu  insisted  upon  ?— A.  No,  sir  j  not  a  case. 


iff  -5*^g 


622 


AMERICAN   FISHERY   INTERESTS. 


AVERAGE  QUANTITY  OP  MACTEBEL  TAKEN. 

Q.  I  do  not  know  bow  you  answered  my  qnestion — if  you  answered  I 
it  1  did  not  hear — as  to  the  aveiage  quantity  of  mackerel  taken  by  your  I 
fleet  in  ten  years. — A.  I  said  that  1  could  not  give  the  exact  averu'c 
but  there  was  one  year  that  we  landed  in  the  neighborhood  of  300(X) 
and  this  year  4,000.     Mackerel  fishing  is  very  uneven  fishing.      ' 

SALT  MACKEREL. 

Q.  Do  you  bring  any  fresh  fish  from  up  there  f — A.  No,  sir. 

Q.  All  salted!— A.  All  salted. 

Q.  All  salted  on  board,  I  suppose! — A.  Yes,  sir. 

PRIVILEGE  OF  LANDING. 

Q.  You  do  not  go  ashore  for  any  purpose  except  for  supplies,  I  sup.] 
pose  !— A.  No,  sir,  and  they  are  not  allowed  to  get  those. 

DUTY  ON  Fisn. 

Q.  What  has  been  the  effect  of  the  termination  of  the  treaty  lastyearl 
Do  you  get  any  better  j)rice8  for  your  fish  ? — A.  Last  year  at  tliis  time  I 
could  buy  fish  packed  for  $0.50,  or  $7  for  unculled  fish.  This  year  Ihafd 
paid  for  the  same  kind  of  fish,  unculled,  perhaps  not  so  good,  from  $l| 
to  $14. 

Q.  You  say  the  catch  is  not  nearly  so  great? — A.  Ifc  has  not  been, 

Q.  Has  the  retail  price  of  fish,  according  to  your  information,  riH 
on  account  of  this  duty! — A.  Yes,correspoudiugly.   There  is  not  somucli 
profit  made  on  fish  this  year  in  my  business  as  there  was  last,  tish  1 
ing  so  high. 

Q.  I  understand  that.    But  taking  the  people  who  buy  salted  macfc 
erel  from  the  grocer  in  Boston  orProvincetown,  oranywhere,ho\vmac^ 
more,  if  anything,  do  they  have  to  pay  on  account  of  this  duty?— A. 
think,  in  proportion  to  the  price  of  the  fish,  the  dealers  are  not  getting 
so  high  a  profit  as  they  did  last  year, 

Q.    We  understand  from  the  dealers  in  Boston  that  the  retail  pric 
to  the  people  who  actually  buy  the  mackerel  from  the  grocery  are  prettj 
much  the  same  all  the  time ;  that  there  i«  a  pretty  large  margiu,  i 
you  describe,  with  the  retail  people,  so  that  they  do  not  follow  tlie  risj 
and  fall  of  the  market  much  ! — A.  I  think  it  is  more  like  tliat  in  tli| 
fresh-fish  business ;  they  have  but  one  retail  price  for  fresh  codfish  tl 
year  round. 

CLASSIFICATION,   REPACKING,  AND   SHIPMENT  OF  MACKEEEL. 

Q.  Where  do  your  mackerel  go  that  come  to  this  port! — A.  New  Yorlj 
Boston,  and  Philadelphia,  and  some  few  to  Baltimore. 

Q.  Do  you  take  them  out  of  barrels  and  repack  them  ?— A.  Yes,  sij 

Q.  Are  they  assorted  at  the  time  they  are  first  taken  on  tbefis' 
ground! — A.  No,  sir;  they  just  catch  them  and  put  all  sizes  iu  one  barrd 

Q.  Then  all  the  classification  is  done  when  they  are  repacked!-^ 
Yes,  sir.    If  I  buy  them  I  recuU  them. 

NATIONALITY  OF  FISHERMEN. 

Q.  What  nationality  are  the  people  who  are  engaged  in  your  flectlj 
A.  The  captains  are  mostly  natives  of  the  town  or  of  Cape  Cod. 


AMERICAN    FISHERY   INTERESTS. 


G23 


Q.  Wliiit  T  mean  is  wbetlier  thoy  are  citizens  of  tlio  United  Stiitos,  or 
foni'iiers? — A.  Tlie  captJiius  are  obliged  to  be  naturalized  citizens,  and 
most'oF  the  crews  are  not  natives  of  the  town;  .a  great  many  are  for- 

I  figiiers, 
Q.  Where  do  you  get  them  ? — A.  We  pick  them  up  in  Boston  and 

I  some  iu  Nova  Scotia.  ^ 

COMPENSATION  OF  CREWS. 

Q.  Are  the  crews  paid  in  money,  or  do  they  receive  a  share  of  the 

jgh!— A.  They  are  paid  in  dilierent  ways.    Some  are  paid  by  the  thou- 

Isand  on  the  stock ;  that  is,  some  are  paid  $25  a  thousand,  some  are  paid 

)  forty-fifth  of  the  whole  stock,  and  the  remainder  goes  to  the  owner 

[tnd  the  vessel. 

DECREASE  OF  FISHING. 

Q.  Is  the  tishing  business  at  your  place  reviving  at  all  ? — A.  No,  sir ; 
litisdecliuing  every  year. 

Q.  What  is  the  reason  for  that  ? — A.  The  scarcity  of  fish.  Previous 
jtotbisyeiir  we  had  a  winter  business,  which  we  have  not  now.  Jf  we 
Iftillbada  winter  business  we  could  weather  these  bad  years,  and  get 
Ithroufsh  them  better  than  we  do.     Last  winter  was  discouraging. 

Q.  You  lost  your  winter  business  on  account  of  the  fact  that  there  were 
iDOtishofl'our  own  coast? — A.  No,  sir;  we  never  h  id  anything  to  do  with 
Ithe  Grand  Bank  business,  but  we  had  a  run  of  oysters  from  Virginia  to 
INew  York  iu  the  winter,  and  that  is  entirely  gone. 

Q.  That  is  gone  entirely  on  account  of  the  railroads  and.  steam8hii)s, 
|l suppose?— A.  Yes,  sir. 

MACKEREL   SEASON. 

Q.  What  time  iu  the  year  do  you  begin  mackerel  Ashing  ? — A.  We 
*gan  about  the  1st  of  June  this  year. 
Q.  Where?— A.  Off  our  coast.      • 

Q.  How  far  south  ? — A.  1  think  none  of  the  fleet  went  farther  south 
han  Block  Island. 

Q.  Aud  then  they  fished  northward  ? — A.  Yes ;  worked  to  the  uorth- 
M^Tith  the  fish. 

Q,  What  time  does  the  mackerel  season  begin  up  in  the  Bay  of  Cha- 
learaudiutUe  Gulf  of  St.  Lawrence  and  around  there? — A.  They  begin 
jcatch  tish  in  there  as  early  as  the  middle  of  June. 
Q,  Aud  how  late  does  it  continue? — A.  They  fish  in  that  vicinity  for 
fell  to  cau,  around  Cape  Breton  and  Sydney,  as  late  as  Thanksgiving 
iml  the  last  of  November.  The  shore-men  catch  fish  there  late  every 
|ear, 
Q.  I  meau  the  large  fishing  by  the  fleet.    How  late,  ordinarily,  would 

1  expect  to  get  a  fare  ? — A.  Our  people  usually  come  away  al)out  the 
likklle  of  October  if  they  spend  the  season  in  the  Bay. 
[Q.  Do  they  carry  supplies  enough  to  last  them  the  whole  season? — 

Yes,  sir;  for  the  trip. 
!Q.  luan  ordinary  tin\e,  a  fair,  average  fishing  trip,  how  long  would 
jie vessel  be  gone  from  your  port  to  make  her  fare  and  come  back? — 

1  liave  been  gone  on  a  500-barrel  trip  three  months,  and  made  a  suc- 

"  1  voyage  of  it. 

OUTFIT  OF  PROVISIONS. 

[Q- Do  you  ordinarily  fit  out  your  fleet  with  five  months'  provisions  I — 
■  ^OjSir;  three  months  is  the  longest  I  have  known. 


624 


AMEBICAN   FISHERY   INTERESTS. 


Q.  Is  that  the  usual  time  1 — A.  Yes ;  about  three  months. 

Q.  So  that  the  mackerel  vessels  would  Lave  very  little  occasion  to  i 
touch  for  supplies  of  food  ? — A.  Only  for  fresh  provisions,  potatoes  aud ! 
such  things. 

Q.  And  water  ! — A.  Aud  water. 

EECIPEOOITY. 

By  Senator  Feye: 

Q.  Do  you,  as  a  fisherman,  want  a  treaty  with  Canada  ? 

TLj  Witness.  Do  you  just  want  me  to  give  my  opinion! 

Senator  Feye.  Yes. 

A.  I  either  want  a  treaty  of  the  freest  sort  with  them,  or  I  want  I 
highest  tariff  placed  upon  fish,  one  or  the  other,  no  halfway. 

Q.  Which  do  you  prefer,  high  duties  on  fish,  or  a  treaty  which  admitej 
fish  free? — A.  I  would  take  my  chances  with  a  dutyonflshjSotbatthej 
Canadian  fish  could  not  bo  brought  into  our  market. 

THEEE-r.ILE  LIMIT. 

Q.  Is  it  any  special  object  to  you  to  fish  for  mackerel  withiu  the  tbree-l 
mile  limits  ? — A.  Yes,  sir. 

Q.  But  for  no  other  fish,  of  course  ? — A.  I  am  not  engaged  in  thecodj 
fishing. 

Q.  They  do  not  take  any  codfish  in  there,  do  they  ! — A.  No,  sir. 

Q.  You  would  like  the  privilege  of  fishing  withiu  the  three-mile limitf| 
— A.  I  would  rather  have  a  high  protioctive  tariff,  and  let  them  bavej 
their  three-mile  limit. 

EFFECT  OF  TEEATIES  OP  1854  AND  1870. 

Q.  You  spoke  about  the  decline  iu  your  fisheries  and  of  the  cuttin^l 
off  of  your  winter  business ;  do  you  know  what  effect  the  treaty  of  1810 
and  the  reciprocity  treaty  of  1854  had  on  the  fishermen  I  —A.  No,  sir. 


TESTIMONY  OF  JOHN  SWETT. 

Teovincetown,  Mass.,  Oetoher  1, 1886, 
JOHN  SWETT  sworn  and  examined. 

By  Senator  Feye  : 

Question.  Where  do  you  live? — Answer.  Wellfleet. 

Q.  How  old  are  you  ? — A.  Sixty-eight. 

Q.  What  is  your  business  ? — A.  Grocer,  at  present. 

Q.  Do  you  deal  in  fish  t — A.  No,  sir. 

Q.  Have  you  ever  been  a  fish-dealer  ? — A.  I  haven't  been  a  fis^ 
dealer ;  I  have  been  a  fisherman  for  thirty  years. 

Q.  In  what  capacity  ?— A.  From  cook  to  captain. 

Q.  What  kind  of  fishing  ?— A.  Mackerel  fishing  principally. 

Q.  From  what  year  to  what  year? — A.  I  came  ashore  about  1845  ;t 
fore  that  time  I  was  engaged  in  fishing  from  the  time  I  was  a  boy. 

Q.  From  1845  forward  you  were  engaged  in  the  fishing  bu8ines.slj 
A.  From  1845  back. 


AMERICAN   FISHERY    INTERESTS. 


G2r 


i» 


Q.  So  that  you  bavo  not  been  eugaged  iu  tlio  Ilsbiiig  businoss  since 

leitberof  tlieso  treaties  went  into  force  1 — A.  Not  actively,  but  I  bave 

livetl  in  a  fishing  commuuity,  and  of  course  bave  beard  of  everything 

goiug  on. 

'"  EFFECT  OF  TREATIES. 

Q.  Wliat,  iu  your  opinion,  was  tbe  effect  of  tbose  treaties  upon  our 
I  fisliiiig  interests! 

TLo  Witness.  Do  you  speak  of  this  last  treaty  of  ten  or  twelve  years' 
I  duration  T 

Senator  Frye.  Yes. 

A.  It  has  built  up  tbe  Nova  Scotia  flsberies  to  tbe  detriment  of  tbe 
IXcff  England  flsberies,  in  my  opinion. 

Q.  Why  do  you  say  that! — A.  Because,  in  my  opinion,  tbe  duties  tak(5n 
jffof  lish  gave  them  tbe  same  privileges  into  our  ports  that  we  bave  in 
|ibeir8,au(l  they  being  a  people  that  live  cheaper  than  ours,  their  vessels 
here  built  cheaper  and  manned  cheaper.  They  saw  that  that  was  their 
[tliance.  They  could  outdo  us  iu  our  own  markets,  for  tbe  reason  tiiat 
jtljt'ir  materials  were  cbeaper.  They  were  people  that  bad  not  got  up 
jtotbcbighest  standard  of  living,  you  might  say,  that  we  in  New  Eug- 
jlaml  bad.  They  lived  coarser,  and  they  could  come  in  and  outdo  us  in 
lour  markets. 

Q.  That  is,  they  could  afford  to  sell  cbeaper  than  you  could  att'ord  to 
Isell!— A.  Yes,  and  live  by  it.  It  is  probably  known  to  you  that  they 
jliave  built  up  large  flsbing  interests  iu  tbe  last  ten  or  twelve  years. 

EFFECT  OF  DUTY  UPON  THE  CONSUMER. 


Q.  Do  you  know  anytbing  about  tbe  retail  market  for  flsb? — A.  Not 
jtpecially ;  I  have  a  general  knowledge  of  bow  it  is  conducted. 

Q.  In  your  opinion,  would  taking  off  the  duty  make  the  flsb  cbeaper 

Itothe  consumer?    I  do  not  mean  to  the  wbolesaler. — A.  That  is  a  bard 

jfinestion  to  answer.    There  are  so  many  ways  of  doing  things  that  it 

pouldbe  doubtful  to  me  if  they  would  b    furnished  any  cheaper  to  ib") 

lonsnmer.    I  think  tbe  business  would  be  very  apt  to  be  so  managed 

Itkough  the  traders  and  dealers  that  tbey  would  not  get  their  fish  auy 

jclieaper. 

Q.  Who  is  the  direct  purchaser  from  tbe  Nova  Scotia  fishermen;  tbe 

iholesaler,  is  he  not? — A.  The  wbolesaler,  yes,  in  these  large  ports  like 

Boston. 

Q.  Both  fresh  and  salt  fish  tbey  sell  to  the  wbolesaler? — A.  Yes,  sir. 
Q.  And  then  the  wbolesaler  distributes  them  over  tbe  country  ? — A. 
fes,  sir. 

Q.  And  in  your  opinion  tbe  effect  of  the  duty  is  rather  upon  the  wbole- 
tethan  upon  the  retailer  or  consumer? — A.  Yes,  sir.  uj 


THE  FISHING  INTERESTS  OF  WELLFLEET. 

Q.  Do  you  know  bow  many  vessels-belonging  to  Wellfleet  are  engaged 
1  mackerel  fishing? — A.  I  thinL  we  have  about  thirty  sail  at  tbe  pres- 

|tDt  time. 

Q.  How  many  have  you  e^^v  bad? — A.  We  have  bad  as  high  as 
^glity  to  one  hundred.  At  that  time  tbey  did  not  average  so  large  as 
py  do  know.  But  our  fleet  is  very  much  reduced.  The  low  class  of 
Backerel  taken  these  last  two  or  three  years  has  made  the  business  very 

Vofitable. 

S.  Ex.  113 40 


G2G 


AMERICAN    riSUERY   INTERESTS. 


FIIEM  AMERICAN  MARKET. 

Q.  Stato  whether  or  not  the  liberty  of  our  market  to  the  Canadian 
doe«  not  render  the  business  a  little  more  uncertain  and  hazardous  tb;ui 
it  was  before  1 — A.  It  operates  in  this  way :  If  there  is  a  iarjje  catch  of 
mackerel  on  the  Nova  Scotia  sliores  or  in  the  Day  of  St.  LawroiMc, 
those  flsh  are  so  nunerous  in  places  up  and  down  tbo  Nova  Scoini 
shore  that  they  are  brought  into  our  markets  an«l  crowd  tlio  price  of 
our  fish  down  from  a  fair  remuneration  to  a  i)rice  that  is  not  a  li\  in;; 
one.  If  the  catch  is  small  in  the  Nova  Scotia  waters,  our  market  is 
kept  at  a  iair  kind  of  rate ;  but  just  as  soon  as  they  have  a  largi>  catcii, 
the  depressing  eflect  is  felt  on  the  prices  of  our  fish. 

Q.  So  tliat  the  tendency  is  to  break  the  market  between  the  fisbermeu 
and  the  wholesaler? — A.  Yes,  sir;  so  that  the  fishermen  cannot  get  a 
living  out  of  the  business. 

REMUNERATION  OF  FISHERMEN. 

Q.  Do  you  know  what  portion  of  the  retailer's  price  for  fish  tiio  fisli 
erman  actually  gets  ? — A.  Wo  will  say,  for  instance,  thi*t  a  vessel  mm  \ 
in  with  a  trip  of  mackerel  of  200  barrels.  The  captain  ,vill  sell  bin  caigo  * 
to  the  wholesaler,  say,  for  $10.  If  the  wholesaler  can  get  fifty  cents  or,(  i 
dollar  above  that  ho  considers  he  has  made  a  good  trade.  Tliat  is  about  I 
the  way  it  g02s.  Then  after  they  get  into  the  retailer's  hands  I  don't  j 
know  much  about  the  business ;  they  get  what  they  can,  I  suppose. 

Q.  In  your  opinion  does  th^  fisherman  get  over  two  fifths  of  the  iilti 
mate  price  of  the  fish  ? — A.  I  don't  know  as  I  understand  the  bearing  of  1 
that  question  exactly. 

Q.  Suppose  I  pay  ten  cents  for  a  mackerel,  as  a  consumer;  invouri 
opinion  does  the  fishermen  who  originally  caught  that  niafikerelgetj 
over  two-fifths  of  that  ten  cents? — A.  I  should  hardly  think  bo  did;  it] 
has  to  go  through  two  or  three  hands. 

THE  REMEDY. 

Q.  What  is  your  remedy  for  this  ? — A.  So  far  as  the  interests  of  tHj 
fishermen  of  New  England  are  concerned,  my  remedy  is  that  they  slioaldj 
have  the  control  of  their  own  market ;  that  is  to  say,  they  should  liavej 
the  preference  of  catching  fish  for  the  United  States  over  foreigner?.] 


THE  THREE-MILE  LIMIT. 

Q.  Suppose  they  should  let  you  go  in  and  fish  within  the  tbreemilft 
shore  line  if  you  let  them  send  their  fish  in  here  free ;  would  not  that  ben 
fair  trade? — A.  I  don't  think  that  would  help  the  price  of  fish  any  foij 
our  fishermen.  Our  fishermen  must  get  a  certain  amount  for  their  Mm 
order  to  make  it  remunerative  enough  to  follow  the  business;  if  then 
can't  do  that  they  must  abandon  it.  The  supply  of  our  market  byfoij 
eigners  tends  to  depress  the  market  to  such  a  low  standard  tbat( 
fishermen  cannot  survive. 

Q.  In  your  opinion  is  it  to-day  specially  desirable  to  fish  within  thejl 
three-mile  shore  lino?  I  do  not  mean  measuring  from  headland  tol   ' 
land ;  I  mean  within  the  3  miles,  following  the  sinuosities  of  the  sbore,- 
A.  1  think  it  amounts  to  very  little  to  us.    As  far  as  I  have  heard  tii^ 
reports  this  season,  I  think  the  fishermen  say  they  have  caught  ve^ 
few  fish  within  those  limits,  and  really  there  have  been  very  few 
within  those  limits. 


AMEltlCAN    F181IKUY    INTEKEST8. 
SEINE  VS.  nOOK  AND  LINE. 


627 


Q.  Wlicn  you  fished  for  mackerel  you  fished  with  hook  and  Unot— 

A.  Yes,  sir. 

Q.  Do  you  take  them  with  hook  and  line  now  at  all  ? — A.  No,  sir. 

q.  You  take  them  wi'h  purse  seines! — A.  Yes,  sir. 

y.  As  a  matter  of  fact,  is  it  not  dangerous  to  our  giant  purse  soinca 
to tish  within  three  miles  of  that  rocky  coast? — A.  It  is  very  danger- 
ous; tlie  seines  are  apt  to  be  torn  badly. 

Q.  Do  you  know  what  those  purse  seines  cost  ? — A.  They  cost  from 
$(i()Oto$800or$l,000. 

Q.  If  they  are  damaged  on  the  bottom  it  causes  serious  trouble,  does 
it,ioff_A.  Yea,  sir;  it  is  almost  ruinous  to  the  voyage.  We  had  one 
I  of  our  vessels  I  liat  went  down  into  the  Bay  of  St.  Lawrence  this  sea- 
jsoii;  she  arrived  there  just  in  the  nick  of  time,  when  mackerel  were 
)li'uty.  But  the  first  time  the  seine  was  thrown  they  tore  it  all  to  pieces. 
I  There  they  were  down  there  in  the  Bay  of  St.  Lawrence  without  any 
1  means  of  procuring  a  voyage. 

Q.  As  a  matter  of  fact,  has  not  the  invention  of  the  giant  purse  scmuc 
laud  that  method  of  fishing  entirely  broken  up  the  old  system  of  fishing  1 
I -A.  Yes,  sir. 

Q.  And  it  has  taken  away  the  usefulness  of  fishing  within  the  three- 
|iiiile shoreline  ofl" the  Canada  coast? — A.  It  has  really,  in  my  opinion. 

CLOSE  TIME. 

Q.  Our  flshermeujas  I  understand  it,  start  early  in  March  down  on  the 
iXorth  Carolina  coast,  and  use  their  seines  from  there  north ;yard. — A. 
lYes.sir.  Probably  it  is  known  to  you  that  there  have  been  but.very  few 
Imackerel  caught  on  the  New  England  or  Southern  coast  this  season 
|W(' attribute  it  in  a  great  measure  to  casting  so  many  of  th'jse  seines 
y  ill  the  season  down  on  the  Southern  coast.  That  has  a  tendency  to 
|tiirii  the  mackerel  farther  from  the  coast,  and  in  consequence  they  have 
m  driven  down  into  the  Bay  of  St.  Lawrence. 

Your  opinion  is  that  there  should  be  a  close  time  on  mackerel  1 — A. 

I  think  so, 
Q,  From  March  to  June  ? — A.  That  is  their  spawning  season.    The 

iheory  is  that  where  fish  spawn  therp  they  are  likly  to  return. 

SPAWNING  SEASON. 

Q.  I  suppose  that  you  do  not  regard  mackerel  as  good  in  the  spawning 
bason ?— A.  No,  sir;  they  are  very  poor. 
[Q'  What  time  do  you  think  they  get  through  spawning  ? — A.  In  the 

Mthof  June  they  are  pretty  well  through. 

IQ.  When  they  are  really  spawning  they  are  on  the  bottom,  are  they 

F'-A.  That  is  a  question  1  can't  answer. 

I I  You  do  not  ordinarily  take  many  mackerel  fro'u  the  first  of  June  to 
^etirstof  July  ? — A.  Well,  yes ;  considerable  many.    Some  seasons  not 

They  are  then  considered  to  be  about  on  the  coast  of  Maine. 

BAIT. 

IQ'  How  do  you  regard  the  importance  of  buying  bait  in  the  Canadian 
liters!— A.  That  seems  to  me  to  be  a  privilege  that  ought  not  to  be 


r?'>« 


AMKRICAN   FISHERY    INTERESTS. 


Q.  How  iini>ortuiit  is  it  to  you  T — A.  It  is  more  important  to  the  cod- 
tlHliurs  tliuii  to  the  niackerul men. 

Q.  I  am  talking  now  about  coiI-fiHliing. — A.  I  am  not  really  preparfil 
to  answer  that  question.  Tlieso  I'roviucctowu  people  can  answer  tiiai 
question  better. 

DUTY  ON  FISH. 


tliut 


By  Senator  Saulhdury  : 

Q.  1  understand  you  to  say  that  your  opinion  is  that  thu  Americuu] 
fisherman  ouglit  to  have  and  control  the  American  market  for  fl8li?-A.| 
Tliat  seems  to  mo  to  be  reasonable. 

Q.  This  year,  you  say,  there  has  been  a  very  small  catch  of  lish  on  «iiri 
coast! — A.  Yes,  sir. 

Q.  What  would  bo  the  eflect  upon  the  demaud  for  iish  if  tlieCana-j 
dian  fishermen  were  i)rohibited  from  sellinfj  here  by  such  atarilldiatj 
they  could  not  attord  to  do  itt — A.  You  see  that  it  has  operated  vcrr 
favorably  for  the  Canadians  this  season.    The  scarcity  of  maciicri'l oil 
our  own  coast  has  caused  the  price  of  mackerel  to  be  quite  bi^jli.  Tlieis 
fore  the  Canadians  have  been  able  to  pay  the  duties  and  i)riii};  tLeiij 
mackerel  into  our  market  and  realize  a  fair  remuneration.    It  tlicM 
liad  been  plenty  on  our  coast  this  season  they  couhl  not  have  done micj 
tt  thing;  nor,  if  the  prices  had  been  low,  could  they  have  afl'onld i 
pay  duties;  it  would  not  have  att'ordod  them  a  living  remuneration. 

Q.  I  want  to  inquire  whether  you  think  that  the  catch  of  lisli  in  ouj 
waters  would  be  sullicient  to  supply  the  demand  of  the  country  at  i 
seasons  for  mackerel? — A.  Well,  I  don't  know  about  that,  1  am  sun 
Of  course  wo  shouldn't  have  so  many  fish  as  we  should  if  thcforeigiien 
were  allowed  to  bring  them  in. 

Q.  And  that  would  necessarily  enhance  the  price  of  the  fish  f-J 
Well,  yes;  that  would  probably  bring  Iish  up  to  a  living  business  i^ 
our  fishermen. 

MACKEREL   FISHING  ON  OUR  SOUTHERN  COAST. 

Q.  Who  are  the  parties  that  do  the  principal  i)art  of  the /isLin}; (low 
on  the  Southern  coast?    Is  it  the  Northern  fishermen ?— A.  Ye.s,iiid 
Gloucester  furnishes  t'!'>  large  part  of  the  fleet  in  that  busiin-^s  m 
principal  part.    Portia  ;    also  lurnishes  a  part. 

Q.  And  your  opinion  is  that  that  work  drives  the  fish  out  80tliattiie| 
do  not  strike  our  coast  again  soon? — A.  Yes,  sir;  that  is  one  theory t 
have.    Not  only  so,  but  we  think  that  destroying  so  may  mackerel  wbej 
they  are  full  of  spawn  has  a  tendency  to  dimiiiish  the  quantity  of  f 


TESTIMONY  OF  BENJAMIN  D.  OIFFORD. 

Peovincetown,  Mass.,  October  1, 1)586.| 

BENJAMIN  D.  GIFFORD  sworn  and  examined. 

By  Senator  Frye  : 
Question.  What  is  your  busiuess? — A.  Deputy  collector  of  cnston 
Q.  Where!— A.  At  Chatham. 

Q.  Pow  long  have  you  been  deputy  collector!— A.  For  nine  jMrsj 
Q.  Have  you  statistics  of  the  fishery  fleet  from  your  port!— A.  U" 
not. 


AMERICAN   FISHERY   IKTERK9T8. 


629 


FISUINO   INTKREST  OP   OIIATIIAM. 

Q.  Can  you  state  goucrally  about  tho  ll«liiiin  lit'ot? — A.  Well,  so  far 
iistiiinqtH^'^tiou  under  consideiation  is  coiicernc*!,  our  ll»bermen  come 
tlii-re  very  little. 

[}.  1  iiH'jui  how  larfje  m  your  fleet  t — A.  About  twenty  vessels. 

Q.  VViw  it  ever  any  larger! — A.  No,  sir;  not  wifliin  my  kowIeUge. 

(l  Ar«  tliose  vessels  mackerel  lisliinfrf — A.  At  this  season  of  the  year, 
yen;  but  cod-tlshing  earlier  in  tlie  season. 

Q.  So  tlu'y  carry  on  botli  kinds  of  tlshing  t — A.  Yes,  sir. 

Q.  WluMe  «lo  they  take  the  cod  1 — A.  On  ChH)r}je'8  Shoals,  near  by. 

Q.  Tliiiy  do  not  take  the  cod  within  the  three-mile  limits,  I  take  itf — 
A.  No,  sir. 

BAIT. 

Q.  The  codfish  are  taken  with  baitt — A.  Yes,  sir. 
Q,  Wliat  kind  f— A.  Clams. 
Q.  Where  do  they  get  their  bait  t — A.  At  home. 
Q.  So  your  flshprmen  from  Chatham  do  not  desire  the  privilege  of 
toothing  in  the  British  Provinces  for  bait! — A.  No,  sir. 

MACKEBEL  FISHING. 

Q.  Where  do  they  commence  fishing  for  mackerel  T — A.  They  com- 
[  mence  on  the  coast  and  work  down  to  131ock  Island,  and  then  on  down 
the  coast  of  Maine  a  little  ways. 

Q.  ('ommencing  when  ? — A.  In  the  middle  of  summer ;  I  should  think 

I  about  July. 

THREE-MILE  LIMIT. 

Q.  Do  thev  fish  within  the  three-mile  shore  line? — A.  No,  sir. 
Q.  Why  not! 

The  Witness.  Do  you  mean  within  three  miles  of  our  own  coast! 
Senator  Fryb.  No,  the  Canadian  coast. 

The  Witness.  No  ;  they  do  not,  because  they  do  not  go  there  at  all. 
jOiily  one  of  our  fleet  has  been  there  this  season. 
Q.  Wiiat  was  his  catch! — A.  Ho  caught  sixty- two  barrels. 
Q.  Would  that  pay  for  the  voyage  ! — A.  No,  sir. 

SEINE  ^'ISHING. 

Q.  In  your  experience  within  the  last  ten  yefirs,  since  the  invention  of 
[giant  pnrso  seines,  is  there  any  profit  in  flshiiig  within  the  three-mile 
limits  of  the  shore  line  ! — A.  I  don't  think  there  is.  The  damage  that 
would  be  occasioned  to  the  property  would  be  sufficient,  so  far  as  I  have 
[understood,  to  make  it  unprofitable. 

Q.  There  is  great  risk  of  damage  to  the  seines  on  account  of  tlie  rocks 
I  in  the  shoal  water!— A.  Yes,  sir.  . 

I  Q.  And  only  one  of  your  fishermen  has  been  in  there  this  last  year  !— 
A.  Yes,  sir;  he  just  arrived  this  morning. 


TREATIES. 


Q'  Do  yon  know  how  it  was  when  the  treaty  was  in  force  ! — A.  They 
lave  never  been  in  the  habit  of  going  there,  to  my  knowledge. 


G30 


AMERICAN  FISHERY  INTERESTS. 


;^J*f::-.! 


Q.  So  that  there  is  nothing  that  your  fishermen  of  Chatbam  want  of 
Canada  ?— A.  Not  anything  at  all. 

Q.  Then  1  take  it  that  your  opinion  is  that  no  treaty  is  necessary!- 
A.  No  treaty  is  necessary.  ' '~ 

Q.  In  your  judgment,  what  would  be  the  effect  of  any  treaty  that  would 
admit  fish  free  ? — A.  I  only  gather  my  information  from  the  fishermen 
themselves ;  they  all  say  that  it  would  make  the  price  offish  so  low  tliat 
they  could  not  remain  in  the  business. 

Q.  I  suppose  you  mean  the  price  that  the  wholesaler  pays  to  tli  catch 
ors  ? — A.  Yes,  sir ;  what  they  realize. 

COST  OF  OUTFIx. 

Q.  Have  you  any  idea  what  it  costs  your  fishermen  for  an  outfit?- ! 
A.  Mo,  sir ;  I  don't  know  as  I  could  make  a  very  explicit  answer  to  that. 
We  had  a  new  vessel  built  last  year,  \vhich  I  think  cost  about  $7,OOo! 

Q.  What  was  her  tonnage  ? — A.  She  was  about  75  tons. 

Q,  Have  you  auy  knowledge  of  a  Canadian  vessel  like  lier  ?— A.  No 
sir, 

Q.  Do  you  know  the  difference  of  cost  between  Canadian  fishing  ves- 
sels and  ours  ? — A.  I  do  not. 

COD-FISHING. 


.  t^;.  .    - 


Q.  What  is  the  length  of  a  codfish  voyage  of  your  vessels !-A. 
They  go  out  Monday  morning  and  come  in  Saturday  night,  rijjht  along  j 
through  the  fishing  season.    They  go  from  home  off  on  to  Nantucket 
Shoals. 

Q.  They  do  not  fish  up  on  the  Banks? — A.  No,  sir;  not  on  the  Grand  | 
Banks  at  all. 

THKEE-MILE  LIMIT,  ETC. 

Q.  Do  you  know  the  length  of  a  voyage  for  a  fishing  cruise  to  thej 
Grand  Banks  ? — A.  No,  sir. 

Q.  Is  there  anything  special  that  you  know  about  these  fishery  mat 
ters  that  you  desire  to  state? — A.  No,  sir;  our  fishermen  at  Chatbani| 
were  all  away,  and  they  wanted  somebody  to  come  up  from  Chatham, 
and  so  I  undertook  to  come,  although  I  don't  profess  to  know  much  j 
about  it, 

Q.  In  what  you  say  here  do  you  express  the  views  of  your  fisher  j 
m«^n  i — A.  I  do,  so  far  as  I  know  them, 

Q.  The  views  that  you  have  learned  from  them  ? — A.  Yes,  sir. 
•:  Q.  Have  you  heard  any  expression  of  a  desire  on  their  part  for  tliej 
privilege  of  fishing  within  thoCanadian  threemilelimit? — A.  Thevdou'tj 
wa»*t  that,  I  put  down  the  words  that  the  captain  told  me  wlio  arrived! 
this  morning.  1  asked  him  about  that,  and  he  said  that  the  mackcrelj 
were  mostly  caught  by  the  fleet  this  year  outside  of  the  tin-ee-niile  limiftj 
and  that  he  caught  none  of  his  sixty-two  barrels  inside  of  that  limit. 

Q.  That  is  to  say,  outside  the  threpmJlo  limit  when  they  were  taiiingj 
them  off'  the  Canadian  coast  ? — A.  Yes,  sir. 


AMERICAN   T'I8ttK^.V   tNTEREST'S. 


oni 


TESTIMONY  OF  CAPT.  HENRY  COOK. 

PROVINCETOWN,  MASS.,  October  1,  1886. 

Capt.  HENRY  COOK  sworn  and  exainiued. 
By  Senator  Feye: 

Question.  Where  do  yon  live  ? — Answer.  Provineetown. 

Q,  How  long  have  you  lived  hero? — A.  I  have  lived  here  7Q  years 
next  November. 

Q,  You  were  born  here  ? — A.  Yes,  sir. 

Q.  What  lias  been  your  business  ? — A.  My  first  business  was  going 
to  sea  in  the  tishing  business  and  in  the  whaling  business;  for  the  last 
35 years  I  have  staid  ashore,  owning  a  fleet  of  whaling  and  fishing  ves- 

■     I  once  had  four  whaling  vessels,  but  Semmes  took  them  and  de- 
stroyed thon).    Previous  to  that  I  had  some  mackerel  fishermen, 'but 
that  business  seemed  to  all  run  out.    Since  1871,  the  commencement  of 
the  reciprocity  treaty,  it  was  not  a  profitable  business,  and  I  did  no: 
have  many  mackerel  fishermen ;  I  had  only  two  or  three,  and  as  it  was 
not  a  paying  business,  I  took  them  out.    Since  that  time  I  have  been 
j  in  the  codlish  business,  which  was  a  profitable  business  until  after  the 
I  beginning  of  the  reciprocity  treaty ;  since  then  it  has  been  dying  out 
I  by  inches. 

REOIPROOITY. 

I  believe  we  have  had  but  one  year  since  the  beginning  of  the  reci- 

[ptocity  treaty  that  we  have  made  anything  to  speak  of,  and  that  was  in 

I  think  in  1882  we  averaged  about  $4.50  per  quintal  for  our  fish, 

land  we  made  a  good,  fair  business;  wo  didn't  need  anything  better 

than  that.    But  since  that  time  and  for  the  last  three  years  niy  vessels 

are  every  one  in  debt  a  good  deal.    I  think  I  havn't  paid  the  captains 

J  a  dollar  for  the  last  three  years,  and  they  owe  me  $4,500.    They  are  not 

[able  to  pay  me  anything,  and  I  suppose  I  shall  have  to  lose  that. 

COST  AND  OUTFIT   OF  VESSELS. 

Q,  Select  one  of  your  best  vessels  and  give  me  her  name. — A.  The 
[largest  one  of  them  is  the  Lizzie  W.  Madison. 

Q.  What  did  she  cost? — A.  Seventeen  thousand  dollars. 

Q.  What  ivS  her  tonnage? — A.  Since  the  tonnage  has  been  cut  down 
jher  tonnage  is  187  or  188  tons. 

Q.  How  many  men  does  she  take? — A.  Twenty-two. 

Q.  Please  state  the  length,  on  the  average,  for  one  of  her  cod-fishing 
jtrips.— A.  They  average  about  three  and  a  half  to  four  months. 

Q.  What  is  the  cost  of  her  outfit  ?^A.  That  is  about  $3,000;  the 
pages  are  about  $3,000,  that  is,  for  this  year;  one  year  I  paid  $5,200 
pges;  that  was  the  highest,  and  this  year  is  the  lowest. 

,  Q.  What  would  they  be  paid  per  man?— A.  They  would  be  paid  $140 

or  the  three  months. 

BAIT. 

Q-  Do  your  vessels  fisli  on  the  Banks?— A.  Yes,  sir;  on  the  Banks  of 
fewfoundland  altogether. 

.  Q'  What  ani  your  necessities  about  bait  there? — A.  We  never  went  iu 
pithoutbait;  1  always  put  aboard  all  the  bait  wo  wanted. 


''^il 


632 


AMERICAN   FISHERY   INTERESTS. 


Q.  What  kind  of  bait! — A.  (  ms.  I  put  130  barrels  of  bait  aboard] 
the  Lizzie  W.  Madison  and  55  barrels  on  the  smaller  ones. 

Q.  So  that  you  never  found  any  necessity  for  buying  bait  on  the  Ca-I 
nadian  waters? — A.  No,  sir. 

Q.  Squid  are  better  than  clams,  are  they  not? — A.  Squid  are  betterl 
than  anything. 

Q.  Can  you  obtain  those  squid  outside  the  Canadian  waters  ?->\,| 
Yes,  sir;  on  the  Grand  Banks.  This  yoarthey  threw  away  all  the  bait] 
they  took  from  here,  and  which  cost  nie  $.'i,()00  or  $4,000.  Some  years 
there  are  no  squid  up  there  at  all ;  so  that  we  have  to  carry  the  clainsj 
from  here,  even  if  we  atterwards  throw  theui  away.  Wo  cannot  <'et| 
clams  without  great  expense.  If  the  squid  should  fail  any  one  year,! 
and  we  had  no  clams  for  bait,  it  would  ruin  tbe  voyage. 

Q.  Suppose  the  squid  did  not  fail  on  the  Banks,  and  you  bad  yourl 
clams  on  board  with  which  you  had  furnished  your  vessels,  would  yonl 
not  want  to  go  ashore  and  buy  squid?— A.  No,  sir ;  never. 

Q.  Then,  in  your  opinion,  there  is  no  necessity  of  our  fishermen huyl 
ing  bait  ? — A.  Not  at  all.    Our  Bank  lishermen  have  no  use  for  tbein.1 
Our  people  used  to  set  trawls  on  the  bottom.    About  25  years  ago  qaitj 
a  number  of  our  vessels  set  trawls  on  the  bottom,  with  a  lino  and  booksi 
attached.    The  clams  were  not  very  good.    Our  people  haul  fish  in  wit^ 
a  hand  line.    When  the  clams  were  not  good  then  they  would  have  I 
go  in  and  get  squid.    They  bought  these  squid  in  Newfoundland.  Bad 
they  don't  get  any  now. 

Q.  Your  opinion  is  that  the  privilege  of  buying  bait  is  not  worth  aiiyj 
thing? — A.  Not  anything  at  all. 

Q.  So  you  would  not  give  Canada  anything  for  it  ? — A.  No,  sir. 

THEEE-MILE  LIMIT. 

Q.  What  occasion  do  you  have  to  go  inside  of  the  three-mile  limit!- 
A.  None  at  all.    My  charge  always  was  not  to  go  inside  of  tbe  liiieij 
they  could  avoid  it. 

Q.  Tben  you  would  not  have  them  go  in  except  in  case  of  a  storm!- 
A.  No;  unless  an  accident  of  some  kind  happened,  or  it  became nectsj 
sary  for  them  to  go  in  for  repairs.    They  do  not  go  within  a  humlrw 
mUes  of  Newfoundland  or  any  of  the  land. 

.         V  LENGTH  or  FISHING  VOYAGE. 

Q.  Dow  long  does  it  take  to  go  from  Provincetown  or  Gloucester  ii 
the  Grand  Banks? — A.  Owing  to  the  weather;  I  have  known  tucratd 
go  in  four  days,  and  1  have  been  myself  in  eighteen  days  andtitteeij 
days. 

Q.  Do  you  make  more  than  one  trip  during  the  season  ?— A.  Ourvesj 
sels  here  do  not. 

Q.  Do  you  know  whether  the  Canadians  make  more  than  one  trip  > 
year? — A.  I  never  was  on  the  Banks  since  they  came  along  there, bnj 
I  know  from  my  captains'  reports  that  they  do  make  two  or  three  tripf 
They  do  not  get  very  heavy  trips.  They  live  so  much  nearer  the  Biinii| 
than  we  do  that  they  go  in  and  discharge  their  fish  and  go  out  again. 

RELATIVE  EXPENSES  Ol    VESSELS. 

Q.  Do  you  know  how  tbe  (tost  of  the  outfit  of  Canadian  vessels  con 
pares  with  ours? — A.  I  do  not;  but  1  know  that  their  vessels  don't  cor 
them  nearly  so  much. 


"i 


AMERICAN   FISHERY   INTERESTS. 


633 


Q  Do  you  know  the  difference  in  the  cost  of  the  two  kinds  of  vessels? — 
Ia  Yes,  sir.  I  have  paid  $4.S  a  ton  and  $45  for  bnildiug  vessels,  and 
Itlieyonlypay^lS. 

Q,  But  you  do  not  know  about  the  outfit? — A.  I  don't  know  about 

Itiieontfit. 

Q,  Do  you  know  about  their  sailors'  wages  ? — A.  I  do  not.    They  don't 

Ifoon  wages;  they  go  on  shares. 

Q.  lias  it  not  been  usual  with  our  fishermen  to  go  on  shares? — A. 

Theydo  in  Gloucester,  but  not  kere.    The  captain  takes  the  vessel  from 

sottsbarea.    He  takes  the  responsibility,  and  we  have  to  furnish  the 

[fpadstofltherout. 

By  Senator  Edmunds  : 
Q,  The  captain  hires  the  men? — A.  Yes,  sir;  and  if  there  is  a  mate,  he 
Ijraws  a  sbare  with  the  captain.    Tin  captain  draws  one-half  and  the 
[resgeltlie  other  half. 

EFFECT  OF   THE  TREATIES.    . 

Q,  You  have  been  in  the  fishery  business  for  a  long  while;  during  the 

ciprocity  treaty  of  1854,  and  also  during  the  treaty  of  1870,  down  to 

khe  present  time.    What  has  been  the  etlect  upon  the  fishery  business 

pf  those  two  treaties  admitting  fish  free? — A.  The  1854  treaty  did  not 

ffectus  at  all,  and  I  will  tell  you  why.    We  educated  those  people  for 

^iiig,  as  we  have  educated  every  nation  on  God's  earth.    Even  Portu- 

1  to  day  has  to  get  her  education  from  us,  and  the  French  today  fish 
fn  the  same  way  we  do,  with  the  same  gear  and  with  our  boats.  Wo 
Jiave educated  the  whole  world  to  fishing.  In  1854  those  jieople  were 
moslly  educated  in  Gloucester,  and  they  remained  in  Gloucester ;  they 
jdidnot  go  home.  But  in  1871,  wh^^n  the  duties  were  taken  oft'  and  fish 
»ere  allowed  to  enter  free,  pretty  much  the  whole  of  Gloucester  went 
Bownhomo,  and  they  built  over  600  vessels  in  one  year  that  they  sent 
novn  to  Nova  Scotia.  That  has  done  the  whole  business  for  us.  They 
jtere  educated  here,  and  then  went  home  and  built  a  whole  fleet  of  fish- 
Jig vessels;  and  when  they  got  more  fish  than  they  knew  what  to  do 
^ith,  tbey  shoved  them  in  here  to  choke  us. 

Q.  What  was  the  effect  upon  the  general  fishing  interests  of  Massa- 
ksetts,  80  far  as  you  know,  of  that  treaty  of  1870?— A.  The  effect  ia 
Ihat  it  has  driven  us  all  into  debt,  and  we  want  to  get  out  if  we  can. 

DUTIES  ON  PISH. 

Q.  Then  you  do  not  want  free  fish  '  -A.  No.  We  get  more  fish  than 
^eknow  what  to  do  with,  even  at  13  cents  a  pound,  when  we  can  sell 
hm  for  tJiat.  I  wrot<i  to  France  to  know  if  1  could  sell  a  cargo  of  fish 
here.  What  was  the  a'  swer  ?  "  Duties  are  so  high  that  it  would  be 
'  ISO."  And  therefort  they  starve  their  fishermen.  Season  before 
Bt  we  sent  four  or  five  c  goes  of  fish  to  Portugal  and  sold  them  'at  a 
[iir  compensation.  They  ought  about  $7  a  quintal.  But  we  did  not 
Foiirmoney  for  nine  to  twelve  months,  andwecould  not  do  withoutour 
Ney  so  long.  Their  way  is  to  sell  their  cargo  to  merchants,  and  then 
whavo  to  wait  there  until  the  fish  are  all  sold,  and  it  is  sometimes 
Jiree  months  before  they  will  give  you  your  money. 
IQ.  Uow  much  duty  did  you  have  to  pay  ? — A.  Two  dollars  and  fifty 
ptsin  Portugal,  and  two  dollars  and  fifty  cents  in  Hayti. 

By  Senator  Frye: 

I Q  Do  you  know  what  the  duty  is  in  Canada  on  cargoes  from  here  I— « 

'•titty  cents. 


G?>f 


American  FisrtERY  iNTEfeEstS. 


Q.  Did  .VOtl  ever  send  any  into  Canada  to  sell  ? — A.  1  have  carriei 
flsh  to  Ealifax,  small  flsh,  and  sold  them  there,  when  flsh  were  free 

Q.  Not  since  there  has  been  a  duty? — A.  No,  sir. 

Q,  What  country  is  open  to  your  fish  without  payment  of  dutvl-i 
J.  can't  find  any,  and  I  have  written  all  over  the  world.    I  can't  M 
anybody  but  what  wants  to  be  paid  for  them,  instead  of  paying  fortbi 
fisli.    We  can  send  some  to  Martinique ;  1  believe  the  duties  there  an 
not  very  high ;  but  that  is  a  French  port  and  is  crowded  with  Frend 
fish. 

Q.  How  large  a  fleet  is  the  French  fishing  fleet? — A.  I  dou't  knowl 
they  have  quite  a  large  fleet,  and  their  vessels  are  large,  8,000  to lO.fli 
quintals. 

COMPETITION  WITH  FRENCH  FISH. 

1  had  some  nice  fish  this  voyage,  which  1  cured  about  afortuighti 
three  weeks  ago.    (I  want  to  say  this  just  to  show  you  how  these  tliinl 
operate  with  us.)    I  went  to  Boston  with  those  flsh ;  they  were  dry  fisi 
not  in  pickle.    I  went  to  the  dealers.    They  didn't  want  any  drykshj, 
all ;  they  wanted  green  pickled  fish  to  cut  up  and  put  iu  boxes.  lja| 
I,  "Why?"    The  answer  was,  "Wo  have  got  plenty  of  French f 
our  store-houses  over  to  East  Boston."    They  pay  50  cents  per  quint! 
and  deliver  them  in  Boston.    Those  dealers  iu  Boston  want  to  kill  i 
out;  they  are  bitter  against  us.    I  have  a  good  deal  to  do  with  tliei 
They  want  free  fish.    They  gather  those  French  fish  and  put  tbem] 
storehouses.     So  I  had  to  sell  my  dry  fish  foi'$2  a  quintal,  and  tM 
bought  theirs  for  $3,  and  the  French  paid  50  cents  duty.   ButtB 
Frenchman  goes  home,  and  his  Government  pays  him  a  bounty  of  $:P 
quintal.     So  the  Frenchman  gets  $3  here  for  his  fish  and  $2  at  iioni 
which  makes  him  $5  gross;  and  that  is  more  than  we  ever  go-;, 1 1 
goinor  to  say. 

BOUNTIES. 

'   Q.  Our  fishermen  do  not  get  any  bounty  now? — A.  No,  we  don't w^ 
any.    1  always  went  against  a  bounty.    We  don't  want  to  fare  any  betj 
than  the  rest  part  of  our  people.    Give  us  the  same  privileges  as  c 
farmers.    Put  duty  on  our  fish,  the  same  as  you  give  protection  to  I 
l)ork,  and  j)otatoes. 

Q.  Canada  pays  a  bounty  to  her  fishermen,  does  she  not?— A.  TIj 
sav  so — out  of  what  she  got  from  us. 

Q.  Out  of  that  $5,500,000?— A.  Yes,  sir.  That  was  all  thrown  aw| 
I  was  down  to  that  court  at  Halifax,  and  I  never  saw  such  work  id  I 
life.  It  made  me  so  mad  I  didn't  know  what  to  do,  and  I  was  jns^ 
saucy  as  I  was  mad.  There  wasn't  anybody  in  Halifax,  none  of  I 
merchants  there,  but  what  told  me  before  the  case  was  decided,  "T 
Yankees  have  got  the  weather  of  us  this  time."  But  instead  of  t' 
we  had  to  pay  them  five  millions  and  a  half. 

TREATIES  WITH  ENGLAND. 

Q.  What  do  you  want  us  to  do  with  Canada  in  behalf  of  the  I 
men  ? — A.  l)o  nothing  with  Canada ;  leave  her  out.    She  only  wanti 
get  all  the  gold  from  us  to  send' over  to  England. 
Q.  What  do  you  want  us  to  do  with  Great  Britain  ?— A.  Let  heralij 
Q.  You  do  not  want  any  treaty? — A.  What  do  we  want  with  Canai 
Treaty !    No.    If  I  had  it  my  way  I  would  make  a  treaty  and  gets 
thing  out  of  them  for  that  five  millions  and  a  half.    What  have  t 
that  we  want? 


AMERICAN   FISHERY   INTERESTS. 


n.^.i 


ave  camejj 
■ere  free, 

f  MyUh 
I  can't  fini 
lyiug  for  thi 
ies  there  an 
with  Frend 

don't  knon 
5,000  tolO,(> 


a  fortnight^ 
w  these  tliind 
were  dry  fisi 
anydrytishi 
1  boxes.  Sal 
French.  M( 
its  per  quints 
want  to  kill! 
do  with  tbe^ 
nd  put  them  j 
lintal,  audtlid 
duty.  Bnttll 
L  bounty  of  If 
ud  $2  at  bon 
ever  go',,  I ' 


|o,  we  don't  d 

ofiireanytoa 

l)rivileges  as  ( 

otectiontol 

iiot!-A,  Tlj 

jill  thrown  awl 
^ucUworkinf 
Ed  1  was  jttstj 
Ifax,  none  of  f 
Is  decided, "  i 
instead  of  I 


Senator  Frye.  I  do  not  know  of  anything. 

The  Witness.  Enjjland  is  putting  railroads  tlirough  Canada,  so  that 

jheean  draw  $20,000,000  gold  a  year  out  of  this  country  to  go  right 

[back  to  England.     She  is  in  Mexico,  on  the  south,  and  in  Canada,  on 

i north,  drawing  gold  out  of  this  country,  the  same  as  she  did  out  of 
Itopt  and  every  other  country.  She  has  got  a  little  colony  here  and 
Vreall  over  the  world  to  draw  the  gold  out  of  every  nation  and  send 
bhome.    We  just  want  $2.50  duty  on  codfish  brought  into  this  coun- 

IJBESH  FISH. 

Q.  How  about  the  duty  on  fresh  fish  ? — A.  There  ought  to  be  a  strong 
btv  on  fresh  fish,  too. 

Q,  What  do  you  know  about  importations  of  fresh  fish  from  Canada? — 
1  don't  know  much  about  it.  I  only  know  that  it  affects  our  mar- 
let.  There  is  not  much  of  their  fresh  flsh  comes  in,  except  mackerel 

m  the  shore  of  the  Bay  of  Fundy,  and  lobsters. 

I Q.  And  halibut? — A.  I  guess  there  is  seme  halibut  comes  in.     I  never 

l0e\T  of  any  codfish  brought  in  ;  but  they  would  fish  for  codfish  and 

rive  out  our  fishermen  any  time;  I  know  that. 

Iq.  Do  not  our  vessels  that  go  for  fresh  flsh  take  ice  to  keep  the  flsh  ? — 
Ves,  sir. 

[Q.  And  they  bring  them  in  in  ice  ? — A.  Yes,  sir. 

REFRIGERATING  PROCESSES.  ,-, 

|q.  Are  they  then  deposited  in  refrigerators  and  sent  all  over  the  conn- 
fin  refrigerator-cars  ? — A.  Yes,  sir;  they  are  put  into  sugar- boxes. 

SALT  FISH  vs.  FRESH. 

iQ.What,  in  your  opinion,  is  the  effect  of  the  great  increase  of  fresh 

inpon  the  demand  for  salt  fish  ? — A.  It  affects  it  very  much  indeed, 

aiise  people  will  use  a  fresh  article  before  they  will  a  salt  one. 

I(j.  You  mean  it  reduces  the  demand  for  salt  flsh  ? — A.  Yes,  sir ;  the 

Imand  for  salt  fish  to-day  is  not  as  large,  in  proportion  to  our  popula- 

kas  it  was  forty  years  ago.    I  was  then  in  the  fishing  business,  and 

Vre  was  a  demand  for  all  our  salt  fish.    There  were  very  few  fresh  fish 

p.  Our  population  has  increased  threefold  in  the  last  forty  years, 

lypt  we  do  not  use  much  more  salt  codfish  than  we  did  then, 

Tlie  fresh  fish  have  increased,  and  the  salt  fish  have  decreased? — 
iTIiesalt  flsh  have  not  decreased,  but  their  increase  has  not  been  in 
jiportiou  to  the  increase  of  the  fresh  fish. 

FREE  FISH. 

Ij.  Tliese  fresh  fish  all  come  in  free  now,  as  you  understand  it,  from 

fCaiiadiau  waters? — A.  I  never  knew  them  to  fetch  in  any  codfish. 

You  have  known  them  to  fetch  in  fresh  fish,  have  you  not? — A. 


Lif  of  thefel 
jheonlywantf 

L.  Let  her  all 

Int  with  Canal 

Ity  and  get  ^ 
IWhatliavet' 


,sir 


smelts,  herring,  and  mackerel. 


Tliey  come  in  free  ? — A.  Yes,  sir.  That  is  done  away  down  on  the 
fwn  shore.  1  guess.  The  Southern  fishing  business  is  a  pretty  fair 
fm  nowadays  for  us. 

flBENCE    IN    COST  OF  UNITED    STATES  AND    CANADIAN  VESSELS. 

By  Senator  Saulsbury  : 
You  fipoke  about  the  difference  in  cost  of  Canadian  vessels,  as  com- 
"1  with  ours,  as  one  reason  why  they  could  flsh  cheaper  than  we 


G3G 


AMERICAN   FISHERY   INTERESTS. 


can.  To  what  do  you  attribute  the  diflference  in  cost  between  CanadiaJ 
vessels  and  ours  ? — A.  There  is  just  about  a  difference  of  one-third  \i 
the  cost  of  both  vessels  and  outfits. 

Q.  What  is  the  cause  ? — A.  It  is  because  their  country  is  not  so  mncli 
advanced  as  ours  in  their  manner  of  living,  and  also  because  of  thediffeil 
ence  of  cost  of  material  and  labor.  We  want  to  hold  up  our  labor.  W| 
dont't  want  a  man  to  work  for  50  cents  a  day.  I  have  hired  men  l 
work  for  me  down  there  for  80  cents  a  day,,  and  thoy  would  work  alldaj 
long  and  half  the  night.  For  such  labor  here  I  would  have  to  pay  | 
or  $2.50.  There  is  the  difference.  If  you  want  a  good  vessel  built heii 
you  must  have  good  workmen  and  you  have  got  to  pay  them  good  wagea 
A  man  can't  live  in  this  country  on  50  or  75  cents  a  day.  Their  mata 
rial  don't  cost  them  anything  hardly.  They  have  an  abundance  of  thaj 
kind  of  wood  of  which  they  build  vessels. 

By  Senator  Fete  : 

Q.  Theybuildthemlargelyof  softwood,  do  they  not?— A.  Theframd 
work  of  the  vessel  is  hard  wood,  but  in  a  great  many  of  them  the  planB 
ing  is  spruce,  soft  wood.  I  have  been  aboard  of  them  down  there  aa 
talked  to  the  boss  workmen.  It  costs  $18  a  ton  down  there  to  bnj 
those  vessels,  while  I  can't  get  one  ^uilt  here  in  these  hard  times  f 
of  $40  or  $45  a  ton.  We  don't  want  to  come  under  the  lash  to  live  ad 
be  compelled  by  our  Government  to  live  just  as  they  are.  I  can  remeq 
ber  when  we  here  in  Provincetown  did  the  same  kind  of  work  theys 
doing  at  about  the  same  cost.  The  first  vessel  I  knew  my  father  to  bnil 
here  only  cost  him  $24  a  ton.  But  it  is  very  different  now.  It  did  nj 
cost  me  half  as  much  to  live  forty  years  ago  as  it  does  now.  What  8 
we  going  to  do  ?  Have  we  got  to  fall  back  and  bring  up  our  children  j 
not  go  to  school,  or  not  give  them  clothes  fit  to  go  in,  and  give  tiiej 
hardly  anything  to  eatl  We  can't  stand  that.  We  will  clear  out  if  i 
can't  do  better. 


; },  *  TESTIMONY  OF  CAPT.  WILLIAM  MATHESON. 

Peovinoetown,  Mass.,  October  1, 1886| 
Capt.  WILLIAM  MATHESON  sworn  and  examined. 

By  Senator  Feye  : 

Question.  Where  do  you  reside  f—Answer.  I  live  here  in  Proving 
town. 

Q.  What  is  ynr  aget — A.  Fifty-nine. 

Q.  What  is  your  business  ? — A.  Fishing  business. 

Q.  How  long  have  you  been  in  the  fishing  business  ?— A.  I  havel 
in  the  fishing  business  for  thirty-five  years. 

Q.  What  kind  of  fishing?— A.  Ood-flshing. 

Q.  In  what  capacity  are  you  now  in  the  business  ? — A.  I  am  nowa 
here  for  vessels. 

Q.  How  many  vessels  ? — A.  Five. 

Q.  How  long  have  you  been  acting  as  agent  for  vessels !— A.  Ao 
ten  years. 

Q.  During  the  last  treaty  and  since  it  expired  ? — A.  Yes,  sir. 

Q.  What  class  of  vessel!  1? — A.  Schooners. 

Q.  Good  ones  or  poor  ones  ? — A.  Considered  decent  good. 


f 


AMEEICAN  FISHERY   INTERESTS. 


G37 


AVERAGE  COST  OP  FISHING  VESSELS. 

0  What  is  the  cost  of  any  of  them?— A.  About  $15,000. 

0  What  is  the  average  cost  per  ton  of  good  fishing  vessels  t — A.  I 
Ihaven't  built  .any  for  the  last  four  years.  The  last  one  I  built  1  paid  for 
|atthorateof$4Saton.  ,   ^    .   , 

I  6.  You  think  that  is  pretty  near  an  average  for  a  good,  first-class 
liisliiDi;  vessel !— A.  It  was  at  that  time. 

Q.  What  does  that  $48  include  ? — A.  The  hull  and  spars. 

Q.  What  does  the  finishing  up,  the  rigging,  and  all  that,  add  to  thatt— 
|a.  One-third  more. 

I  Q  What  does  an  outfit  of  one  of  these  75- ton  vessels  cost? — A.  The 
[oatfit  would  bo  about '$1,500  to  $1,700. 

Q.  For  how  long  a  trip  1 — A.  Four  months. 

COMPENSATION  OF  FISHERMEN. 

Q.  How  have  you  managed  those  vessels  for  the  last  ten  years,  as  to 
|ci«w  and  all  thitt  sort  of  thing  T — A.  I  hired  crews  by  the  trip. 

Q.  How  nmch  a  trip  I— A.  Different  wages, 

Q.  State  approximately. — A.  According  to  the  quality  of  the  men. 
jSoinetimes  we  give  them  as  high  as  $150  and  $160;  and  then  again 
lie  would  hire  a  poorer  class  man  and  give  him  $125. 

Q.  For  the  voyage  ?— A.  For  the  voyafre. 

Q.  You  do  not  catch  any  fish  on  shares  f — A.  No,  sir. 
By  Senator  Edmunds  : 

.  What  would  be  the  average  wages  for  a  voyage? — A.  For  such 
Vessels  as  you  ask  me  about,  the  wages  would  be  about  $1,500  to  $1,700. 

Q.  That  does  not  enter  into  what  you  call  the  outfit? — A.  The  outfit 
|isoiie  thing  and  the  wages  another. 

Senator  Edmunds.  That  is  what  I  supposed. 
By  Senator  Fe YE : 

Q.  Do  not  the  owners  prefer  the  old  style  of  going  on  shares  ? — A. 

Te can't  hire  men  very  well  to  go  on  shares;  business  is  so  bad  they 

reliable  to  fall  in  debt. 

Q.  Formerly  did  not  nearly  all  the  fishermen  sail  on  shares  ? — A.  Yes, 
isir;  when  times  were  good  they  liked  to  go  that  way. 

Q.  But  business  has  now  become  so  uncertain  that  you  say  you  have 

)liireyour  men  instead  of  taking  them  on  shares  ? — A.  Yes,  sir. 

Q.  What  effect  has  that  had  upon  vessel  owners  ? — A.  The  owners 

lave  to  bear  all  the  losses. 

Q.  Has  it  had  any  tendency  to  drive  them  out  of  the  business  ? — A. 


les,  sir. 


BAIT. 


Q.  Where  do  you  do  your  fishing  now  ? — A.  On  the  Grand  Banks. 
Q.  What  do  you  use  for  bait  ? — A.  Clams. 
Q.  Have  you  any  occasion  to  buy  bait  of  Canada? — A.  No,  sir. 
Q.  Have  any  of  your  captains  bought  bait  of  Canada  ? — A.  Not  of 
late  years. 
I  Is  clam  bait  suitable  ?— A.  Yes,  sir. 

THREE-MILE  LIMIT. 

I.  Q.  Suppose  you  could  get  squid  by  running  within  the  three-mile  shore 
p  of  Canada  U— A.  We  always  get  squid  on  the  Grand  Banks  wbeU' 

R  they  are  there, 


G38 


AMEKIUAN    FISHERY   INTERESTS. 


Q.  Then  vvhut  occasiou  have  your  vesselH  to  go  iiiisulo  tUc  three  miJ 
limits  ? — A.  They  don't  go  there.  j 

EFFECT  OP  THE   TREATY  OF  1870. 

Q.  What  was  the  effect,  upon  the  fishery  business,  of  tlio  treaty  ofl 
1870  (luring  its  continuance  ?— A.  It  has  been  a  ruinous  busiuessforua 
for  the  last  four  years.  Before  thiit  we  were  getting  along  very  welL 
The  last  four  years  have  been  hard  ones  for  us. 

Q.  The  treaty  expired  in  July,  1885.  How  did  it  aflect  j ou  the  liJ 
four  years  differently  from  the  first  six  years  of  the  treaty!— A.  M 
have  it  about  as  bad  to-day  for  prices  as  at  any  tjrae.  ] 

Q.  What  happened  four  or  five  years  agof — A.  The  busiuess  kepi 
declining  year  after  year. 

Q.  Did  the  Canadian  fleet  increase? — A.  Yes,  sir. 

Q.  And  did  the  supply  offish  they  brought  into  this  country  increase! 
— A.  Yes,  sir.  That  is  what  used  us  up.  For  two  years,  in  particulan 
they  built  a  terrible  sight  of  Canadian  vessels  down  there,  anclallweul 
fishing  two  or  three  trips  a  year,  and  put  their  fish  against  us.  Everj 
time  we  sent  fish  to  Boston,  New  York  or  anywhere  else,  the  news  woul| 
come  back  "  Here  is  fish  from  English  vessels  soiling  for  such  a  prio 
and  if  you  don't  sell  for  less  you  can't  sell  at  all." 

Q.  So  the  Canadian  fleet  commenced  increasing  largely  about  1880 1- 
A.  Yes,  sir ;  about  1880  largely.  I  don't  think  they  are  building  niaL^ 
lor  the  last  year  or  so,  but  before  that  they  went  into  it  rapidly. 

Q.  And  broke  you  down  rapidly  ? — A.  And  broke  us  down  rapidly 
filled  our  markets  full  of  fish. 


EFFECT  OF  DUTY  UPON  THE  CONSUMER. 

Q.  To  whom  do  you  sell  fish  ? — A.  Different  ones. 

Q.  Wholesalers? — A.  Wholesalers. 

Q.  You  do  not  retail  ? — A.  Nothing  of  any  account. 

Q.  Do  you  know  whether  the  duty  on  fish  affects  the  price  totheeoij 
sumer,  the  man  who  buys  of  the  retailer  ? — A.  I  couldn't  say  so  muc| 
about  that. 

Q.  What  do  you  want  of  Canada,  captain? — A.  We  want  them 
pay  a  fair  duty  on  their  fish,  and  give  us  a  chance. 

FRESH  FISH  AND  MODERN  REFRIGERATING  PROCESSES. 

Q.  How  about  fresh  fish  ?— A.  We  don't  want  fresh  fish  free  of  dutj 
cither. 

Q.  Why  not? — A.  Because  we  have  got  enough  of  our  own. 

Q.  State  whether  or  not  the  importation  of  fresh  fish  and  its  iucreasj 
consumption  do  not  decrease  the  consumption  of  salt  fish.— A.  Yf 
sir;  I  think  the  more  fresh  fish  there  is  the  less  salt  fish  we  shall  iis^ 

Q.  Does  not  the  fact  that,  under  modern  processes,  fresh  fish  can 
sent  all  over  the  country  in  refrigerator  cars,  affect  the  salt-fish  trada 
— A.  Oh,  yes ;  there  is  no  question  about  that.  _J 

Q.  So  that  your  desire  is  a  duty  on  both  salt  and  fresh  fish  ?— A.  Ya 
sir.  1 

Q.  How  large  a  duty  I  Is  the  present  duty  large  enough !— A.  i<| 
sir.  They  have  the  best  of  us  every  day  with  duty  only  at  50  centsj 
quintal. 


AMERICAN    FISIIEUY    1NTEKEST8. 


G3U 


IcOJlPARATIVE  COSr  AND  UUNNING  EXPENSES  OE  UNITED   STATES  AND 

CANADIAN  VESSELS. 

Q,  Ilowdo  tUey  get  tlio  best  of  U8? — A.  Tlicir  vessels  do  not  cost 
ImDie  than  about  half  as  iimcb  as  ours,  and  tbeir  expenses  are  low  all 
lllieffiiy  through  to  what  ours  are. 
Q,  IJo yon  know  about  tbeir  wages  1 — A.  Tbey  generally  go  on  sbarco, 
bilif  tbcy  malio  $o()  tbey  are  satisfied.     Fifty  dollars  is  no  aceount  to 
Lrineii.    A  man  can't  keep  a  family  on  tbat.     Down  tliere  tbey  bave 
llieir farms,  and  tbey  go  out  fisbing  in  suniuier,  and  if  tbey  get  $50  in 
jsli  for  their  tisbiug,  tbey  can  get  along  very  well. 
Q,  So  your  idea  is  tbat  on  account  of  tbe  low  prices  of  Mages  tbere, 
leir  manner  of  living,  and  tbe  low  cost  of  vessels,  togetber  witb  tbe 
leariiessof  tbe  Banks  to  tbe  coast,  it  is  impossible  lor  us  to  compete 
kith  them ?— A.  No,  sir;  it  is  not  impossible,  but  we  ougbt  to  bave  at 
Ltiulollar  duty  in  order  to  enable  us  to  compote  witb  tbem  on  fair 
Wms  to  us. 

I Q.  A  dollar  on  both  salt  and  fresb  fisb  ? — A.  A  dollar  on  botb  salt 
ml  fresh  fish. 

JQ,  Do  you  know  wbere  you  can  find  a  market  wbere  tbere  is  not  a 
|iitj!— A.  1  don't  know  of  any.    We  bave  to  pay  a  duty  everywhere. 

BOUNTIES. 

[q.  Do  you  know  whether  or  not  nearly  all  other  nations  i)ay  bounties 
p tbeir  flsher men? — A.  They  do  in  Canada,  and  tbey  do  in  France. 
[q.  Do  you  know  how  much  bounty  is  paid  in  Canada? — A.  I  bave 
rteu  heard  them  telling  about  tbe  bounty  tbey  were  getting, 
[ti.  So  much  to  a  boatman,  and  so  much  per  ton  to  the  vessel  J — A» 
|ts,sir.  •  ,' 

CONSTRUCTION   OP   UNITED  STATES  AND   CANADIAN  VESSELS. 

ItJ.  Are  the  Canadian  vessels  built  of  poorer  material  than  ours? — A. 

[es,  of  soft  wood.    Then  most  people  down  tbere  bave  large  tracts  of 
(1,1111(1  they  cut  their  shij)  timber  from  their  lands. 

jii.  They  plank  their  vessels  with  spruce? — A.  Sometimes  with  bard 
Itdou't  coat  tbem  but  $27  a  ton  to  construct  tbeir  vessels,  while 
pay  845  and  $48  and  $50. 

|Q.  A  great  many  of  our  fishing  vessels  are  built  of  tbe  best  white  oak. 
fthoy  not?— A.  Yes,  sir;  most  of  them. 

[Q.  What  is  tiie  average  cost  per  ton  of,  say,  a  70- ton  fisherman,  rigged 
lull  ready  for  seal — A.  If  they  were  as  high  today  as  tbey  were 

Iree  years  ago,  I  suppose  it  would  be  somewhere  in  tbe  neighborhood 

moilO  to  $8,500,  or  $100  a  ton. 

•  Do  you  know  about  the  rigging  and  fitting  of  Canadian  vessels  ?^ — 

l><ui)i)ose  that  costs  pretty  near  as  much  as  ours,  because  tbey  get 

kteat  deal  of  that  material  from  this  way.    I  don't  think  they  buy 

ft  at  any  less  cost  than  we  do.    Where  tbey  make  tbe  great  saving 

[OB  the  hull  and  spars. 

MACKEREL  FISHING. 

•Do you  have  anything  to  do  witb  mackerel  fishing? — A.  No,  sir. 
By  Souator  Edmunds  : 

■Is there  any  mackerel  fishing  going  on  from  Prorincetownt — A. 
bJtiSi  there  are  three  firms  in  this  town. 


uo 


AMERICAN   FISHERY    INTERESTS. 
CANADIAN  COMPETITION. 


By  Senator  Saulsbuey  : 

Q.  If  you  could  buy  your  vessels  as  cheap  as  the  Cauadians,  do  yon 
thiuk  you  could  compete  with  them  in  the  flshingbusiness!— A.  Wecaiil 
get  ineu  hero  as  low  as  they  do.  Men  are  cheaper  that  way,  on  accoiinl 
of  their  way  of  living.  When  we  come  to  lit  our  vcsseia  our  fittini 
costs  a  good  deal  more. 

Q.  The  cost  of  wages  and  provisions! — A.  Yes,  sir;  that  would  be  l 
great  deal  more.    So,  really,  if  flsh  were  $4  a  quintal,  wo  ought  to  liavi 
a  dollar  duty  to  compote  with  them,  for  they  would  do  as  well  on  $3i 
we  would  on  $4. 

Q.  If  that  $1  duty  was  sufficient,  so  that  Canadians  could  iiotaffoi^ 
to  send  their  flsh,  how  would  it  affect  the  market  ?— A.  TIic  fish  wonH 
not  rush  in  so  freely  as  they  do  now,  so  that  there  would  bo  a  cliJind 
for  us,  when  we  sell  fish,  to  get  something  for  them  to  pay  us.  Jlii 
as  it  is  now,  they  put  their  flsh  in  so  low  that  we  sell  at  u  loss  even 
time.  If  their  fish  did  not  compete  with  ours,  thero  would  be  a  cbanj 
for  us  to  live. 

EFFECT   OP  DUTY  UPON   TIIE  CONSUMER. 

Q.  I  am  sorry  that  the  increase  of  duty  docs  not  inure  to  the  beml 
of  the  fishermen  here,  but  my  inciuiry  had  reference  to  the  cons 
of  the  fish.  How  would  he  be  affected  by  this  tariff  of  50  cents orl 
upon  Canadian  fish? — A.  I  don't  think  it  would  make  much  ditleren 
to  the  fellow  that  uses  the  flsh.  I  guess  he  has  to  pay  about  the  saoj 
any  way. 

Q.  The  middlemen  pui    c  up  on  him  ? — A.  Yes,  sir. 

Q.  What  is  the  present  price  of  flsh  to  the  wholesaler— that  is,  whi 
do  you  get  for  your  fish! — A.  Wo  get  about  $2.25. 

Q.  What  does  it  cost  you  to  catch  them? — A.  It  costs  us  about $2.j 
t a  catch  them. 

By  Senator  Edmunds  : 

Q.  Two  dollars  and  sevonty-flve  cents  for  what  quantity  1— A.  Fo^ 
hundred  pounds.    That  is  the  way  we  are  doing  business. 


TESTIMONY  OF  CAPT.  MUEDOCE  KEMP. 
«<«»  Peovincetown,  Mass.,  October  1, 18 

Capt.  MURDOOK  KEMP  sworn  and  examined. 
By  Senator  Feye  : 

Question.  Where  do  you  reside  T — Answer.  Provincetown. 
Q.  What  is  your  business! — a.  Fisherman. 
Q.  In  what  capacity?— A.  Master. 

Q.  How  long  have  you  been  a  fisherman? — A.  About  iifteeu  or| 
teen  years. 
Q.  Where  do  you  fish  ?— A.  At  the  Grand  Bank  mostly. 
Q.  For  codfish  ?— A-  Yes,  sir. 


AMEltlCAN    FISIIEUV    1KTEUE8TS. 


041 


BAIT. 


Q,  What  is  the  bait  you  UHef — A.  Clam  bait. 

Q.  Did  you  ever  have  occasion  to  go  iu  to  buy  bait? — A.  IJot  of  bite 
I  years:  not  since  wo  commenced  carrying  clam  bait. 
Q,  llow  long  have  you  carried  clam  baitt — A.  For  tbo  last  six  years. 


THREE-MILK  LIMIT. 

Q.  Did  you  over  bavo  any  occasion  to  go  witbin  tbe  tbreo-milo  sbore- 
iiioforaiiytbingT — A.  No,  sir;  no  more  tban  for  harbor. 
Q.  Ill  a  storm,  or  to  repair  damages? — A.  Yes,  sir. 
Q.  Have  you  done  so  this  season? — A.  Yes,  sir. 

SEIZURE  OF  THE  PEARL  NELSON. 

Q.  What  veasel?— A.  The  Tearl  Nelson. 

Q.  Please  give  an  account  of  that  all'air. — A.  On  our  way  bome  we 
I  wilt  into  Aricbat,  Nova  Scotia,  for  barbor. 

Q.  hi  a  storm  ? — A.  Tbero  was  a  heavy  breeze  of  wind,  and  some  of 

I  my  crew  that  belonged  there  landed  there  that  night.    1  anchored  about 

11  o'clock  at  night.    I  went  ashore  the  next  morning  to  report  at  the 

IcDstorohouse,  and  of  course  tbe  custom-house  officers  stopped  iny  vessel. 

Q.  Seized  her  ? — A.  Yes,  sir. 

Q.  For  what  reason? — A.  For  letting  my  crew  land  before  I  entered 
Itliecustomhouse:  that  is  all  the  reason  be  gave  me. 

Q.  Wliat  caused  you  to  allow  them  to  land? — A.  1  didn't  know  it  was 
any  liann.    I  have  never  seen  or  beard  of  it  being  stopped  before. 

By  Senator  Edmunds  : 
Q.  Had  you  ever  done  that  before  ? — A.  I  h-xl  done  it  time  and  again, 
I  and  seen  everybody  else  do  it. 

By  Senator  Frye  : 

Q.  And  never  before  heard  of  anybody  being  troubled  about  it? — A. 
[  So,  sir. 
Q.  What  was  tbe  result?— A.  I  paid  $200  and  got  clear. 
Q.  You  paid  the  $200,  did  you  — A.  Yes,  sir. 
Q.  Did  they  give  you  any  law,  iCgulation,  or  rule? — A.  Yes,  sir. 
Q.  In  writing? — A.  Printed. 
Q.  Have  you  it  with  you  ? — A.  It  is  down  to  Mr.  Cook's  store. 

EFFECT  OF  THE  LAST  TREAQ'T. 

Q.  What  was  the  efi'ect  of  the  last  treaty  upon  the  fishery  business  1 
[-A.  The  effect  with  me  is  that  of  course  I  can't  get  a  living  at  it. 

Q.  How  many  men  do  you  +ako? — A.  Seventeen,  all  told. 

(l  Do  you  pay  them  wages? — A.  Yes,  sir.  Last  year  my  wages 
I  averaged  about  $130. 

Q.  For  a  voyage?— A.  Yes,  sir. 

Q.  How  long  a  voyage? — A.  I  was  gone  about  three  mouths  and  a 
I  bait'. 

Q.  What  was  your  outfit? — A.  I  suppose  Mr.  Cook  can  tell  you  that 
jbetterthau  I  can;  I  don't  know  as  I  know  real  well. 
I  Q.  What  was  the  result  of  your  operations  for  the  season  ? — A.  I  got 
|a  full  fare  of  fish. 

Q.  How  did  they  pay  you? — A.  None  of  them  are  sold  yet,  and  from 
|uie  outlook  now  it  is  not  likely  they  will  be. 
S.  Ex.  113 41 


642 


AMKltlC'AN    FISIIEUY   INTERESTS. 


COMPARATIVE  WAGES  IN  TUE  UNITED  STATES  AND  IN  CANADA. 

Q.  Do  you  know  what  tlio  diflfiTciiw  Is  between  tlie  wngcs  of  vouji 
men  uiul  (^unmlian  wages? — A.  The  diftereneo  is  that  my  men  aro  sun 
of  something  and  Canadian  men  arc  not  sure  of  anything,  for  they  onl* 
get  according  to  what  the  lish  fetch. 

Q.  Tliey  sail  on  shares! — A.  They  sail  on  shares. 

Q.  Will  not  your  men  sail  on  shares? — A.  We  can't  get  tlieiii  to  auij 
they  haven't  done  so  since  I  have  been  going  out  of  this  town— tluitiH. 
for  the  past  lifteen  or  sixteen  years. 

Q.  Ilave  you  any  idea  how  much  the  men  who  do  the  fishing  get  on 
of  a  season's  fishing  up  there  ?-"A.  They  get  from  $200  down  to  $10 
to  a  man  for  the  fishing  season. 

Q.  Our  men  averaging  about  $130,  as  you  say  ? — A.  Yos,  sir. 

Q.  Then  do  they  not  get  about  as  much  as  your  men  ?— A.  Tliere  i 
no  great  difiference. 

MARKETS  FOR  CAJfADIAN  FISH. 

Q.  Where  do  those  Canadian  vessels  carry  their  fish  to !— A.  To  th| 
ports  where  they  belong. 

Q.  And  then  where  do  they  carry  them  ? — A.  There  is  a  big  pile  i 
them  going  to  Boston,  New  York,  and  other  American  markets;  tsomd 
go  to  the  West  Indies. 

By  Senator  Edmunds  : 

Q.  They  do  not  run  them  straight  down  here  from  the  Banks  f-A^ 
No,  sir ;  they  first  land  in  the  ports  where  the  vessels  belong. 

Q.  And  are  sent  oft'  afterwards  ? — A.  Yes,  sir ;  by  the  vessels  tha 
catch  them. 

Q.  Then  the  vessels  that  catch  them  do  bring  them  down  here  some 
times  ? — A.  Yes,  sir ;  after  they  are  dried. 

COST  OF  CUBING  FISH. 

By  Senator  Frye  : 

Q.  You  bring  your  fish  in  here  ? — A.  Yes,  sir. 

Q.  What  do  you  pay  your  men  for  curing? — A.  The  cost  of  curing 
hero  is  one-eighth  of  the  fish. 

Q.  Do  you  know  what  the  cost  of  curing  in  Canada  is?— A.  Asfara 
I  can  find  out,  about  20  cents  a  quintal. 

Q.  About  what  proportion  would  that  be? — A.  There  is  no  great  (li^ 
ference  as  the  prices  are  now. 

Q.  Do  they  not  employ  women  and  children  to  do  their  work?— A 
Yes,  sir. 

Q.  What  do  you  employ  ?— A.  The  vessel-owners  here  employ  wha 
they  see  fit. 

Q.  You  do  not  know  what  the  difference  in  cost  is  between  the  wagej 
actually  paid  here  and  the  wages  actually  paid  there  In  the  curing  r 
fish  ? — A.  No,  sir ;  I  don't  know. 


dynamite  for  CANADA. 


Q.  What  do  you  want  Congress  to  do  with  Canada  for  your  benefitf-j 
A.  Blow  it  up  with  dynamite. 
Q.  You  do  not  want  free  fish? — A.  No,  sir. 


AMEKICAN    Fiairi-IIY    INTKKK8TH. 


043 


Q.  Is  (lu'io  anything;  Ihoy  run  jjivc  yoii  lor  which  you  will  be  willinjj 
',^iv«  Uiem  IVeo  fhsh?— A.  Ho,  sir. 
(j,  iHtluTuuiiy thing  thut  your  lltshcrnien,  tliu  inuu  liku  you,  want  of 

Itheiut— A.  No,  sir. 


TnUEE-MlLE  LIMIT. 


Hy  St'iiiitor  EDMUNDS: 
y.  Did  you  ever  flsli  for  mackerel  up  there  t — A.  No,  sir. 
1^.  Did  you  ever  fish  for  cod  inside  tlie  threo-iiiile  limit? — A.  When  I 
jkloiifjod  there  I  did. 
Q.  But  I  nieau  since  you  left  there  ? — A.  Never  since  I  left  there. 


TESTIMONY  OF  JAMES  A.  SMALL. 

rEOViNCETOWN,  MASS.,  October  1, 1886. 
JAMES  A.  SMALL  sworn  ami  examined. 

By  Senator  Frye  : 
Question.  Where  do  you  reside? — Answer.  In  rrovincetown. 
I  Q.  IIow  long  have  you  lived  here? — A-.  Seventeen  years. 

(i,  Wiuit  is  your  business? — A.  Outfitter;  I  do  a  general  outfitting 
Ibusiiiess  for  fishermen. 
Q.  Wbat  kind  of  fishermen  ? — A.  Mackerel,  principally ;  some  cod. 

EFFECT  OF  THE  TREATIES.  ETC. 

Q.  Stale  generally  to  the  committee  what  you  know  about  the  mack- 
lerel  fishing  during  that  17  years,  and  the  eflect  of  the  treaties,  and 
Batters  connected  therewith  pertinent  to  our  investigation. 
Senator  Edmunds.  And  where  the  flsli  are  caught,  whether  inside  or 
JButside  of  the  three-mile  limit. 
A.  The  mackerel  generallj',  for  the  last  17  years,  have  been  caught 
jiotbeXew  England  coast,  and  but  few,  as  far  as  my  experience  goes, 
itlieBayof  Chaleur,  and  a  large  proportion  of  those  caught  there 
Jave  heeii  caught  outside  the  three-mile  limits.    My  personal  experience 
Dtliat  matter  consists  in  having  gone  perhaps  a  half  dozen  trips  during 
Jiell  years,  those  trips  having  resulted  in  perhaps  a  thousand  barrels 
bfninckerel  caught,  half  of  which  have  been  caught  outside  the  three- 
pile  limit. 

I Q.  (By  Senator  Frye.)  What  is  the  reason  it  is  not  prudent  to  take 
Msh  within  the  3-mile  limit? 

[Senator  Edmunds.  That  is,  while  the  treaty  was  in  force  that  made 
jtlawfiilforyou  todoit. 

I  A.  While  the  treaty  was  in  force  we  could  not  do  it  lawfully. 
ISenator  Edmunds.  I  mean  while  the  treaty  was  in  force  which  ai- 
red you  to  fish  inside  the  three  miles. 

jTlie  Witness.  We  did  fish  inside  the  three  miles  when  we  wanted  to, 
ptas  a  general  thing  we  fished  outside. 

I  Senator  Edmunds.  We  wanted  to  know  the  value  of  the  deprivatiou 
Ije  privilege  of  going  inside. 
Jlie  Witness.  That  is  very  little. 
\^-  (By  Senator  Frye.)  Why  ?  Is  it 


not  because  the  method  of  fish- 


G44 


AMERICAN   FISIIEKY    INTERESTS. 


iug  has  been  changed  ? — A.  In  ii  great  measure,  yes.    Tliey  liNh  wit  J 
seines  now,  wLereas  formerly  tbey  fished  with  hoolc  and  line. 

VALUE  OF  TUE  FISUING  nUVILEGE  WITHIN   THE  TUKEEMILE  UMlfJ 

Q.  How  many  vessels  have  you  in  the  business? — A.  We,  Iiiivf^fuJ 
in  the  business  now,  and  we  have  averaged,  I  should  think,  about nrj 
sail  in  the  mackerel  business.  " 

Q.  When  your  vessels  have  fished  within  the  three-mile  sborc  1 
what  has  been  the  profit  on  the  mackerel  which  you  have  taken ! 

The  Witness.  I  don't  understand  the  drift  of  your  tjuestion.  J,si 
what  has  been  the  profit  on  these  particular  mackerel  tliat  we  taiiilii 
there?  ^^ 

Q.  What  has  been  the  result  of  your  fishing  operations  within  tl 
thre  -milo  limit? — A.  They  have  not  been  in  any  way  satisfactoij 
useful  to  us ;  they  have  not  been  to  our  advantage. 

Q.  ir  other  words,  then,  your  mackerel  cost  you  more  than  joiigoj 
for  them? — A.  My  experience  is  such  as  to  cause  me  to  believe  tliatj 
we  had  never  seen  the  Bay  of  Chaleur,  or  North  Bay,  it  would  liavi 
been  better  for  us  and  all  concerue<l  in  this  town.  1  think  it  wouii 
have  been  better  for  us  if  that  bay  had  been  closed  up  to  us  50  yeai 
ago.         „.^  ,    ^  „     ■  .^,^  ;^ 

COST   OF  FISHING  VESSELS  IN  UNITED  STATES  AND    JANATA. 

Q.  What  kind  of  fishing  vessels  are  those  mackerel  vessels  ?- 
They  average  70  or  75  cons. 

Q.  What  do  they  cost? — A.  The  last  one  we  put  in  new  in  1883 coi 
Wi  $10,000  equipi)ed. 

Q.  How  would  Canadian  vessels  cost  compared  with  that!— A.  !a^ 
not  able  to  say. 

THREE-MILE  LIMIT. 

Q.  By  the  way,  how  many  trips  have  your  vessels  made  within  tii 
3-mile  shore  line  in  the  last  5  years? — A.  I  should  say  tiiat  iu  tliel 
years  we  have  made  five  or  six  trips  to  the  North  Bay,  with  a  prodiij 
of  a  thousand  barrels  of  mackerel,  one-half  of  v/hich  were  caught  with 
the  three-mile  limit.  - 

Q.  During  the  whole  17  years? — A.  Yes,  sir. 

Q.  What  value  do  you  place  upon  that  privilege  of  lishiug  witii 
that  limit  to-day  ? — A.  No  value  comparatively.  We  can  get  aloj 
without  it. 

Q.  What  are  you  willing  to  give  to  Canada  for  the  privilege  of  fij 
Ing  within  that  limit?— A.  Not  a  cent.  They  should  pay  "s  ratif 
than  we  should  pay  them.    It  is  no  i)rivilegc  to  us. 


BAIT. 


"  H 


Q.  How  about  bait?  Is  it  not  a  privilege  to  bny  bait?— A.  Weliaj 
never  Lad  oc  •  ^sion  to  buy  bait  there. 

Q.  Do  you  think  it  is  necessary  for  cod-fishing  to  go  in  there  to  I 
bait  ? — A.  No,  sir. 

Q.  Is  there  anything  that  our  fishermen  need  there  except  shelten 
food,  and  water  and  chances  to  repair  ?•— A.  No,  sir.  We  ask  nop^ 
ileges. 


AMERICAN   FISHERY   INTERESTS. 


G45 


bt; 


:e-mile  ldiitJ 


tliat  \vc  tmidt 


FREE  FISH. 

Q.  Have  our  fisbcrme^been  in  tlie  habit  of  drying  any  fish  there  for 
Itbeiast  10  or  15  years  ?— A.  Not  to  my  knowledge. 

Q.  Do  you  know  any  of  our  fishermen  who  have  ? — A.  There  may 
have  bceii  some,  but  I  know  of  none  positively. 

Q,  What  do  you  think  Canada  has  that  she  can  give  us  for  the  right 
of  onr  market  free  for  her  fisli? — A.  She  has  nothing  that  will  oft'set 
that  privilege,  in  my  estimation. 

Q,  What,  in  your  judgment,  has  been  the  eflect  of  free  fl&h  under  the 

treaty! 

Tlic  Witness,  lieciprocity  of  1 S70  ? 

Senator  Frye.  Yes. 

A.  Its  tendency  has  been  to  open  a  market  to  them  and  to  increase 
lllii'ii  lleet  to  such  an  extent  that,  in  one  sense,  they  take  the  large  part 
if  nnr  market  for  their  fiah.  They  hav  seen  the  value  to  them  of  the 
Uu  market,  and  the  consequence  is  they  have  increased  their  fleet, 
lirom  tlie  tact  that  they  have  had  these  inducements  held  out  to  them. 

Q,  WLy  cannot  you  compete  with  them  ?-  -A.  Because  they  are  nearer 

the  fishing  grounds,  in  one  sense,  and  r'lCy  can  build  th«ir  vessels, 
if  I  understand  the  mat^jr  correctly,  very  much  cheaper  than  we  can. 

veiyihiiij;  that  goes  into  the  making  up  of  a  voyage  comes  to  them 
Iclicaper.  Everytliing  th.it  enters  into  the  construction  of  the  vessel  is 
liftiper  to  tbcni  than  it  is  to  us. 

Q,  Wliat  vffect  upon  the  fresh-fish  market  has  the  importation  ot 
[frosli  fish  free,  under  tho  construction  given  by  the  Treasury  Depart- 
Eeut,  had  ?— A.  I  think  it  has  been  injurious,  as  far  as  ray  observation 
koes,  and  as  far  as  I  am  able  to  learn. 

Q.  Have  jou  any  idea  of  the  ertent  of  the  fresh  fish  market  in  this 

uiitry!— A.  No,  1  have  not.    I  know  it  is  enormous,  not  only  on  the 

a  coast  but  on  the  lakes. 

Q,  What  do  you  do  with  your  niackoxvl  ? — A.  Salt  them. 

Q.  You  do  not  sell  fresh  mackerel  ? — A.  No,  sir. 

INCREASE  OF   CANADIAN   IMPORTATIONS.  '  , 

I', 

Q,  You  know  the  condition  of  the  market  after  the  Canadian  fleet  in- 

Msedsofor  the  last  five  years.    Have  yon  any  knowledge  as  to  how 

^ncii  the  importation  of  fish  was  increased  from  Canada  year  by  year? — 

i Xo, sir;  I  couldn't  give  the  amount.    I  am  not  versed  in  the  statis- 

PC9, 

i  Q.  Suppose  the  same  condition  of  things  should  continue  for  the  next 
b or  fifteen  years  that  has  been  in  force  for  the  last  five  years ;  what 
pkl  be  the  etlcct  upon  our  fishery  business  ? — A.  We  should  be  driven 
«it entirely.  It  has  been  going  down  for  three  years  steadily.  Wo 
aveiiot  made  both  ends  meet  in  any  branch  of  the  business. 
[Q.  Is  that  true  of  all  the  fishery  business  with  which  you  are  ac- 
Winted?— A.  That  is  true  of  all  that  we  have  any  interest  in  and  all 
piit  I  know  anything  about. 

By  Senator  Saulsbury  : 
[Q.  Have  you  information  as  to  the  number  of  Canadian  vessels  en- 
^ed  ill  bringing  fish  into  this  market  ?— A.  I  have  not. 
I Q.  About  what  percentage,  should  you  suppose,  were  brought  here 
^^anadian  bottoms? — A.  I  have  no  means  of  Knowing  that.    I  have 
|fver  studied  that  question.  :   .  ■      •.^^*  — 


r;4fi 


AMERICAN   FISHERY   INTEUKSTS. 


SiE- 


TESTIMONY  OF  JAMES  GI^ORD. 

Trovincetown,  Mass.,  October  ],im. 
JAMBS  GIFFOKD  sworn  ami  exjuuined. 
\\y  Senator  Frye: 

Qneslion.  What  is  your  business? — Answer.  Deputy  collector  of  ohh- 
toms. 

Q.  And  have  been  for  how  lonj?? — A.  For  18  years, 

Q.  Where  ? — A.  At  Provincetown. 

Q.  During  that  time  have  you  had  any  interest  in,  or  made  any  in 
vestigatiou  of,  this  fishery  matter? — A.  I  have. 

STATISTICS  SHOWING  THE  EFFECT  Or  DIFFERENT  TREATIES. 

Q,  Will  you  state,  in  your  own  way,  to  the  couunittee  yom  kiiowkdi;t' 
of  the  fishery  business,  the  effect  of  the  treaties  upon  the  businessol 
this  country,  &c.? — A.  I  will  state  that  I  have  examined  the  oflicjalic 
ports  of  Cana«la,  the  annual  reports  before  and  during  tlie  treaty,  ami  j 
also  the  auni;:;'  reports  of  our  Government  during  the  same,  time,  audi! 
have  compiled  from  them  some  statistics.     I  \vm^  the  reports  for  eaclij 
year  with  me,  but  for  the  nnko,  ot  nniking  a  brief  statoineut  ';>  tboj 
committee  1  have  jompi^ed  my  figures,  the  result  of  whi(!h  I  will  {;ivo| 
you.    I  will  first  give  you  the  products  of  the  lirifish  fi.slieiies, to  filiow! 
the  eftect  of  the  treaty  from  1872  to  1884,  and  the  amount  of  iinimrta  ] 
tions  into  this  country. 

In  18'72  the  value  of  IJritish  proibu-ts  was  $7,532,200.    Wo  iinportedj 
that  year  into  the  United  States  $i  >1^0,08l  worth. 

By  Senator  Edmunds  : 

Q.  That  is  fish  products  ? — A.  Yes,  sir.    Tiie  intervening  years  I 
not  give,  but  give  them  for  1884. 

Q,  Have  you  the  figures  tbi  the  intervening  years? — A.  I  have  tliefflJ 

Senator  lilipiUKna.  ^heu  make  up  a  table  and  give  it  to  th'^  stcuojji 
rahmn  to  Ue  \\v\\i-  i  piUt  of  your  testimony. 

TUte  WltNEHSI.  In  1884  the  value  of  British  products  was  $17,852,521^ 
we  imported  tlial  jear  $5,(533,560;  the  g.ain  being  in  pioduotsofGreaa 
Britain  $10,320,521,  and  the  gain  in  importations,  from  1872  to  1884,  iiij 
qluaive,  into  this  country  w.tt.  $4,013,455. 

Tlio  Increase  of  (Janadian  fishing  vessels  and  boats  during  the  saiii^ 
time  was  as  follows: 

In  1M3  the  fishing  vessels  number«Hl  i02,  .lud  fishing  l.oats  0,00 

tn  18)34  they  h.ad  992  fishing  vesseit!  and  12,772  boats,  a  gain  of  TiiKl 
s  Ills  o^  fishing  vessels  iind  3,703  '>oats. 

Tn  1883  the  l'rt)vince  (.f  Kova  Scotia  alone  added  143  (Isliing  sclioouj 
ers.  chiefly  bankers,  and  1,520  men,  to  her  already  large  fleet. 

And  in  this  connection  1  refer  the  committee  to  Report  on  tbeCaiia 
dian  Fisheries  for  the  year  1883,  page  21.    I  have  tbat  rei)ort  witli  \ti 

I  will  now  state  the  decrease  in  American  tonnage  during  tliesiiiuj 
period. 

In  1873  the  fishing  tonnage  of  the  United  States  was  109,51!)  tous. 

In  1884  it  was  82,565  tons,  the  loss  amountiug  to  2(),0r)4  tons. 

1  will  now  sjtato  the  decrease  in  the  number  of  fishing  vessels  iu  tlij 
Bix  ports  of  Cape  Cod,  that  is,  in  this  county. 


AMERICAN   VISIIEUY    INTERESTS. 


U1 


lector  of  (II V 


Q,  That  is,  the  district  of  Barnstable  1! — A.  That  iuoliulcs  the  whole 
I  ilijtrict  of  Biirnatablo.    . 

In  1873  the  number  of  vessels  belonging  to  I'roviueetown  was  190 
Lil.  (I  would  say  that  this  is  taken  from  the  official  records  at  Barn- 
jtalilo,  froii-  ^''*^  liitest  anthority.)    In  1885  there  were  US  sail. 

InWolltleet  in  I87;i  there  were  71.  sail;  in  1S85  there  were  47  sail. 

Dennis  biul  in  1875  40  sail,  and  10  sail  in  1885. 

(liatliara  had  IS  sail  in  1873,  and  ^0  sail  in  1885,  beingag.ain  of  two, 
I  ;iii(l  the  only  one  that  has  gainiHl  .  ,. 

Plymouth  had  one  in  each  of  those  years. 

Hyminis  had  one  each  year. 

Tlie  total  for  the  six  ports  in  this  district  was  200  sail  in  1873,  and 
|!KKisail  in  1885,  a  loss  of  GO  sail  and  12,000  tons  during  that  time. 

I  will  now  state  the  catch  of  vessels  belonging  to  Barnstable  County 
Itkt  fished  in  British  waters  during  the  treaty. 

By  Senator  Frye: 
Q,  What  do  you  mean  by  "British  waters" — within  the  three-mile 
liboreline?— A.  No;  inside  and  outside  altogether,  in  liritish  waters. 

By  Senator  Edmunds:  .  , 

Q,  That  is,  the  waters  of  the  Canadian  Provinces?— A.  Yes,  sir; 
[over  which  they  claim  Jurisdiction. 

Olio  from  Dennis  took  240  barrels  of  nuickorel  in  1879. 

Six  from  Welllieet  took  70  barrels  in  i88(),  none  in  1881,  none  in  1882 
iin(11883.    The  product  altogether  there  In  1884  was  185  barrels. 

Five  from  Provincetown  in  1884  took  500  barrels.  One  from  Prov- 
incetowu  took  200  barrels  in  1885. 

During  this  term  of  four  years  from  those  six  ports  there  were  10 
pssels  that  made  voyages  to  the  British  waters,  and  tlie^  took  a  little 
fcverllO  barrels.  I  should  say  that  this  yes^r  >ve  Uad  seyoiul,  but  t'^WO 
>islnitone  that  nuido  a  successftil  trip.       ^  ''    ^'^^  '^'' '  *''^  ^'^"  ■"^^' 

By  Senator  Frye  :  ;  .       i      .    ;..      ti       ; 

^  Q  Cau  you  toll  as  to  the  cost  ot  that  macKcrel,  wiieHier  iliey  paid 

prthelCveaselsf— A.  No,  sir. 

1 Q.  State  as  nearly  as  you  can  as  to  that. — A.  There  was  a  loss. 

pongst  the  10  voyages  there  may  have  been  two  or  three  that  were 
fliitable,  but  the  rest  suffered  serious  loss,  and  during  that  time  two 
sels  were  lost  from  this  port,  one  with  an  entire  crew,  the  loss  exiioed- 

jifliy  lar  the  gross  stock  caught  in  those  waters  during  that  time. 

THREE-MILE  LIMIT. 

By  Senator  Edmunds  : 
IQ.  You  spoke  of  one  vessel  this  year  fishing  in  British  waters ;  what 
Id  you  mean  by  that!— A.  There  was  more  than  that. 
[Q.  Do  you  mean  inside  the  three-mile  limit  1 — A.  No,  sir ;  there  were 
pe  vessels  from  this  port  this  year  in  the  British  waters,  all  fishing 
'shore,  and  they  brought  in  1 ,420  barrels,  an  average  of  about  158 
Irtels  to  ea(!h  vessel. 

U  Yon  do  not  call  the  Grand  Banks  British  waters  ?— A.  No,  sir. 
|Q.  You  mean  in  the  ne:"gliborhood  of  the  islands  at  the  mouth  of  the 
bwrence?— A.  No,  sir;  in  the  Gulf  of  St.  Lawrence. 

By  Senator  Frye  :  ,       .. 

|Q-  But  not  within  the  three  miles  f — A.  No ;  none  of  our  vessels  have 


..... ...  ,ii 


G48 


AMKiacAN  riSffEUY  inthhmsts. 


Mhm  Wittiri  im  tHfec-mllo  limit  this  year.    There  was  one  of  those! 


In  tte  t 
cak  of 


vcSHcis  I  speak  of  that  made  a  very  successful  trip. 

Q.  Did   those  10  vessels  during  that  time  fish  within  the  three- 
luile  shore  line  when  they  had  that  privilege,  or  did  they  take  most  of] 
their  iisli  outside  1 — A.  They  took  most  of  the  fish  outside. 


CANADIAN  ESTIMATE  OP  VALUE  OF  INSHOEE  FISHEEIES.         \ 

Itit  Just  allow  me  [o  quote  to  show  the  estimate  of  the  British  them- ' 
selves  in  regard  to  the  value  of  those  inshore  flshe-xes'.  | 

Q.  "What  do  you  (^iiote  from  t — A.  From  the  offtcial  report  of  J.  Ilim. 
ter  Duvar,  inspector  of  fisheries  for  the  Province  of  Prince  Edwards 
Island  in  1883,  before  this  treaty  was  made  or  had  been  mooted.  Tbisl 
Is  in  reply  to  an  accusation  made  by  the  fislierraen  there  that  the  seines! 
were  destroying  the  shore  fisheries  to  the  I  ook-and-liuers.   The  in  I 
specter  examined  the  complaint,  and  says : 

At  the  very  time  that  tbo  committee  of  the  International  Fisheries  Exhibitim  n  | 
about  to  induce  nn  Americau  fisliing  vessel  to  visit  British  waters  for  the  purim-i 
teaching  British  fishermen  the  art  of  seining,  continued  complaints  are  niado  to  i 
by  a  certain  class  of  line  Hahers  against  seining,  on  th-j  plea  that  the  use  of  the  scinoi 
(Scares  mackerel  from  the  hoolc. 

After  sliowing  these  complaints  to  be  groundless,  Inspector  Diivar| 
continues : 

Ifc  is  true  Home  Americans  seined  successfully  this  season  within  sight  of  land,  ktl 
as  a  general  rule  thoy  prefer  sea-room,  aud  usually  iind  their  schools  beyond  thesbal-j 

10W  waters  of  the  hook-and-liners.     «     *     »     Further  inquiry  shows  that  liook-aml-] 
Ino  in  shallow  water,  or  innhoro  fiHlijiip.  must  I'o  abandoned  by  British  fiebermcnJ 
lUd  that  seining  must  evuuiuaily  do  luu  fobnghieeil  htaotico  for  the  inain  umckerei 
fishing.  ^ 

He  adds  i 

Mere  Beino-l)oata,  and  merely  picking  up  stray  schools  within  the  threo-miio  CanaJ 
dian  limit,  will  be  found  quite  i  efficient.  Schooners  of  some  burden  would  take  lli( 
place  of  shore  boats,  and  would  scatter  themselves  over  the  Gulf,  as  do  tbo  AmciicaiiHi 

That  is,  if  the  British  fishermen  would  i)ursue  the  mackerel  fishini 
efficiently  they  imist  leave  the  inshore  suallo^7  waters,  and,  like  tlii 
Americans,  fish  off  shore,  in  the  deep  waters  of  the  gulf,  where  th^ 
body  of  mackerel  are  to  be  found. 

>  u.,  BAIT. 

The  matter  of  bait  has  been  alluded  to.  Provincetown  isthosed 
end  port  in  importance  in  amount  of  tonnage  and  number  of  vcsseli 
that  visit  the  Grand  Banks,  Gloucester  being  the  first  of  New  EuglandJ 
and  I  would  say  that  there  has  not  been  a  single  vessel  of  the  entiri 
fleet  of  this  i)ort  that  lias  touched  a  Canadian  or  British  port  for  haS 
this  season,  aud  that  within  the  last  flv^e  or  six  years  there  havchcej 
perhaps  on  an  average  two  vessels  that  have  gone  into  NcwfonD(llaD| 
to  purchase  squid.    It  will  not  exceed  two  v'essels. 

I  also  wish  to  call  attention  to  the  fact  that  the  Canadians  arc 
debted  to  United  States  for  bait,  as  well  as  our  vessels  to  them.  Therf 
is  a  large  amount  of  bait  jjurchased  by  them  from  Maine;  nif^stoff 
goes  from  Maine;  and  when  the  gentleman  who  furnishes  this  bait  wa 
here  this  spring  I  qU'.stioncd  him  about  this  matter,  and  he  told metlia 
the  total  yield  of  clam  beds  in  Maine  was  about  18,0Q0  barrels;  llmtw 
average  annual  sale  to  the  British  Provinces  wf^  f-  nno  or  7,000  barrel^ 
and  that  the  average  prici  for  the  Ijiat  five  yema  s.  ,u  '■',.""  per  barrr 
That  amount  will  go  a  great  ways  towards  '<a!;.(  i-.hig  ^ly  ni  /^i)veiiien(i| 


f':r.'^ 


J?o  -vvl;- 


v^:h'^M 


1 


AMtelliCAN   i^ISHERY    INTERESTS. 


fJlO 


TC(lorivc  from  not  being  allowed  to  procure  bait  from  them.  Tber*'  .s 
aclass  of  vessels  making  short  trips  for  fresh  fish  that  run  in  there  for 
bait,  but  tbey  could  be  supplied  from  Eastport  if  necessary:  they  could 
stocli  up  with  bait  at  Eastport  and  ice  it,  and  get  it  there  in  good  con- 
dition. 

Q.  So  that  in  your  opinion  there  is  no  necessity  for  any  American 
vessel  going  in  there? — A.  No,  sir. 

Q.  The  privilege  of  going  in  for  bait  is  not  worth  anything? — A.  No, 
sir.  Tlierc  is  another  inconvenience  and  sometimes  damage  connectesl 
with  it,  and  that  is  that  while  they  are  in  there  the  crews  frequently 
qtwl  tlieir  money  and  draw  upon  the  owners ;  so  that  it  is  generally 
lOiisidercd  undesirable  by  owners  for  the  vessels  to  go  in  for  bait. 


TRADINa  LICENSES  FOR  FISUERMEN. 


Bi 


By  Senator  Edmunds  : 

Q.  Have  any  of  the  fishing  vessels  that  have  left  this  port  or  this  dis- 
trict, 80  far  as  you  know,  since  the  treaty  terminated,  taken  out  any 
otliertban  mere  fishing  i)aper8'?  Have  they  taken  trading  papers? — 
A,  Yes,  sir;  we  have  five  fishing  vessels  that  are  now  laid  up,  and  one 
of  them  lias  been  laid  up  for  two  years,  a  good  vessel,  because  of  her 
niiiniug  in  trade. 

Q.  What  I  am  speaking  of  now  is  the  custom-house  papers  issued  to 
tliese  vessels.    They  ordinarily  take  a  fishing  license? — A.  Always. 

Q.  Have  any  of  those  vessels  having  these  fishing  licenses  that  have 
Couc  there  this  year  taken  what  I  will  call  commercial  papers — th:itis, 
tlie  same  sort  of  papers  as  a  vessel  would  take  that  wanted  to  go  to 
Xovii  Scotia  to  trade  ? 

■Senator  Frye.  What  you  call  a  permit  to  trade. 

k.  There  are  two  kinds  of  papers.    Fishing  papers  perult  them  to 

tisli,  of  course,  and  then  if  they  wish  to  go  coasting  they  take  out  a 

coasting  license.    If  they  are  going  to  trade  to  Nova  Scotia  or  any  ibr- 

I  eigii  port  they  take  out  a  register.    The  fishermen  who  thought  they 

were  liable  to  go  in  for  any  purpose  whatsoever,  to  re)>air  damages  or 

I  for  other  causes,  have  taken  permits  to  touch  and  trade. 

Q.  (By  Senator  Edmunds.)  As  well  as  being  registered? — A.  Yes, 
[  sir, 

Q.  You  speak  of  their  being  registered.    If  they  arc  going  in  for  the 
I  purpose  of  buying  ice,  for  instance,  would  you  call  that  trading? — A. 
No,  sir.    We  consider  a  fishing  vessel  has  authority  to  i)roeure  bait  or 
I  ai)}thiug  that  is  necessary  for  the  fishermen. 

By  Senator  Frye  : 

Q.  Under  the  permit  to  trade? — A.  Under  the  fishing  license. 
[Ilierehas  never  been  any  question  raised  on  that  point. 

By  Senator  Edmunds  : 

Q.  llave  any  of  these  vessels  taken  out  any  different  or  more  papers 

tiiisjeartlian  before?— A.  More  of  them  have  taken  out  permits  tt^ 

toucli  and  trade,  but  very  few  have  used  them.    I'erhaps  there  may 

jiiave  been  half  a  dozen  vessels  that  have  been  in,  either  going  to  or 

Icoiiiiiig from  the  Grand  Banks;  I  think  the  number  will  not  exceed 

jtliiif,  and  probably  will  fall  short  of  it, 

retail  and  WnOLESALE   PRICES  OP. FISH. 

,1  have  some  statistics  in  relation  to  the  retril  and  wholesale  prices  of 


^';.#    .,.,_V 


C50 


AMERICAN  FISHERY   INTERESTS. 


Senator  Edmunds.  We  should  like  tbcin  very  much. 

The  Witness.  I  took  paius  to  write  to  Kew  Orleans,  to  0 
Milwaukee,  New  York,  and  Philadelphia,  au'  saw  some  parties  irom 
Concord,  N.  H.,  and  some  fresh  fish  dealers  o  Boston,  who  were  here 
in  regard  to  these  prices,  Generally  we  kno\>  here  what  the  whole- 
sale price  of  fish  is  in  New  York.  The  prices  thus  asked  for  and  given 
were  for  December  in  1872  and  1873,  and  up  to  1885,  so  as  to  include 
the  years  before  and  after  the  treaty. 

Q.  Hare  you  the  prices  for  every  month  in  the  year,  or  only  Decem- 
ber ? — A.  I  got  only  for  December.  It  is  a  very  difficult  matter  to  get 
at  these  prices,  and  I  had  a  good  deal  of  trouble  to  get  them. 

Q.  You  have  the  prices  for  the  same  months  in  all  the  years  for  pur- 
poses of  comparison  ? — A.  fes,  sir.  1  thought  December  was  perhaps 
as  nearly  a  representative  month  as  any. 

In  Boston  fresh  cod  sold  in  1872  from  8  to  10  cents  retail;  No.  1 
mackerel  from  20  to  25  cents. 

Q.  Twenty  to  25  cents  a  piece? — A.  Yes,  sir.  But  the  other  item 
was  8  to  10  cents  a  pound. 

In  1885  I  found  the  prices  the  same  as  they  were  in  1872  and  1873. 

In  Philadelphia  in  1872  cod  sold  for  from  $0  to  $8  per  quintal;  the 
retail  price  of  No.  1  mackerel  was  18  cents. 

Q.  Do  you  mean  salt  mackerel,  or  fresh  ? — A.  I  moan  salt  mackerel, 

In  1873  the  prices  were  the  same. 

In  1878  cod  sold  at  from  5  to  (i  cents  a  pound,  and  mackerel  15  cents. 
I  will  state  that  in  that  j^ear  the  quality  of  the  mackerel  was  exceed- 
ingly poor,  and  that  accounts  for  the  low  price. 

In  1885  cod  retailed  at  5  to  G  cents  a  pound,  and  mackerel  were  18 
cents. 

In  Concord,  N.  H.,  in  1883  aiid  ISSi  cod  sold  at  10  cents,  as  also  in 
1885 ;  mackerel  sold  in  those  three  years  at  20  to  22  cents. 

Q.  Every  time  you  speak  of  the  price  of  mackerel  do  you  mean  b.v 
the  piece  ? — A.  Some  were  returned  by  the  piece  and  some  by  the  pouud; 
but  most  of  them  by  the  piece. 

Sell ator  Edmunds.  Then  when  you  speak  of  the  price  of  mackerel! 
hereafter  and  mean  to  speak  of  the  x^rice  per  pound,  say  so,  and  then  i 
we  will  understand  when  you  give  the  price  of  mackerel  only  that  yoii  j 
mean  the  price  by  the  piece. 

The  Witness.  In  Milwaukee  in  1873  and  in  1878  cod  sold  for  8  cents  j 
a  pound,  and  mackerel  at  20  to  25  cents  each. 

In  1885  the  prices  were  precisely  the  same — 8  cents  for  cod  autl20to| 
25  for  mackerel.' 

In  Chicago  in  1873  cod  sold  at  10  to  12  cents  a  pound,  and  mackcrelj 
20  cents  each. 

In  1878  they  sold  the  same. 

In  188G  they  sold  for  10  cents  a  pound,  and  mackerel  IS. 

In  New  Orleans  in  1872  cod  so'd  for  12^  cents  a  pound,  and  niackj 
erel  at  23  cents  a  pound. 

In  1873  cod  sold  for  10  to  12^  cents  a  pound,  and  20  cents  a  pomidj 
for  mackerel. 

In  1874, 10  cents  a  pound  for  cod,  and  20  for  mackerel. 

Q.  How   much  will  No.  1  salt  mackerel  ordinaril^^  weigh  ?— A. 
good  ma(5kerel  ought  to  weigh  a  pound  and  a  quarter. 
'   J^.  That  would  be  the  average  in  half  a  barrel?— A.  They  ongbtt(^ 
\^ei!,'h  that, 

J^'   1 878  in  New  Orleans  the  price  of  cod  was  10  cents  a  pound,  an^ 
m  17Ji 


AMERICAN   nSIIERY    INTERESTS. 


061 


In  1879  and  1885  the  price  of  cod  was  10  cents  a  pound  and  inackercl 
20  cents  a  pound. 
The  average  during  the  treaty  for  No.  1  mackerel  was  $10.01  per 

barrel. 
The  average  price  of  No.  1  mackerel  in  Boston  in  1871, 1872,  and  1885 

was  mMh 
Q.  For  each  of  those  years  ? — A.  Yes  sir. 

By  Senator  Frye  : 

Q.  Less  than  the  average  during  the  treaty  ? — A.  Yes.    It  was  $16.01 ' 
daring  the  treaty,  and  was  $12.84J  before  and  after  the  treaty. 

During  the  present  season,  to  show  how  this  thing  operates,  our 
vessels  have  been  to  Boston  with  fresh  cod,  and  could  not  obtain  25 
cents  a  hundred  pounds  for  them. 

Q.  Fresh  cod  in  good  condition  ? — A.  Fresh  cod  in  good  condition. 
At  the  same  time  they  were  retailing  for  8  to  10  cents  a  pound.  The 
truth  is  that  they  have  all  over  the  country  been  kept  up  at  the  high 
prices  that  were  established  during  the  war. 

Q.  You  mean  the  I'etail  prices  ?    A.  Yes. 

It  may  be  that  some  of  the  gentlemen  present  can  give  you  better 
(than loan  the  average  i)rices  for  codfish  in  Boston,  but  according  to 
the  best  information  I  have,  I  judge  they  have  not  been  over  $2  a 
quintal,  that  is,  112  pounds. 

Q.  That  if* the  wholesale  price? — A.  That  is  the  wholesale  priceduring 

I  that  time.    1  had  a  minute  somewhere  showing  what  the  wholesale  i)rico 

was  in  Philadelphia  during  this  time;  but  the  wholesale  price  was  not 

liiilf  these  last  three  years  in  Philadelphia  what  it  was  from  187.'3  up 

I  to  1884,  and  the  retail  price  is  unchanged,  or  is  a  trifle  lower. 


-ill 


■I 


EFFECT  OP  DUTY  ON  THE  CONSUMER. 

By  Senator  Frye  :  r 

Q,  Then  your  idea  is  that  the  duty  Las  nothing  to  do  with  ttio  con- 
hnmert— A.  Nothing  at  all.  The  fisherman  cannot  realize  the  cost  of 
lliiscatcb,  while  the  consumer  has  to  pay  these  large  prices.  Of  course 
Ithat  tends  to  destroy  consumption  and  operates  to  cut  it  off  largely. 

By  Senator  EDMUNDS : 

Q.  Your  conclusion  is,  then,  from  your  information  and  observation 

linthis  business — and  your  opportunities  certainly  have  been  very  good 

[-that  the  provisions  of  the  treaty  of  1870  and  1871  did  not  operate  at 

lalltotbe  actual  advantage  of  the  people  who  ate  the  flsh  t — A.  No^  sirj 

1  think  tbat  is  fully  demonstrated.  /  . .;_  '',  r;  ' . 

Q.  And  that  it  operated  to  the  disadvantage  of  the  men  wHo  flttea 

atlishiug  vessels  and  the  men  who  sailed  in  them? — A.  Yes,  sir.    The 

profit  is  really  reaped  by  the  middlemen,  by  the  dealers.    It  is  for  their 

dvantage,  undoubtedly,  to  have  free  flsh ;  they  invest  a  good  dea}  less 

money  aud  get  larger  profits. 

THE  COST   OF  CANADIAN  OUTFITS,  ETC. 

By  Senator  Frye: 

Q.  Yon  have  investigated  somewhat  the  cost  of  outfits,  and  of  snp- 

^ying  vessels,  and  generally  the  advantages  the  Canadian  has  over  usT 

^A.  I  have  a  little  statement  here  that  I  took  from  a  Canadian  captain 

pbo  happened  in  here  with  a  load  of  salt  flsh  Last  winter,  and  that  will 


G52 


AMEUlCAN  FISHERY   INTERESTS. 


perhaps  give  you  as  good  an  idea  in  reference  to  that  as  I  could  give 
you  in  any  other  way. 

By  Senator  Edmunds: 

Q.  What  kind  of  salt  fish  was  itf — A.  Cod. 

Q.  Dry,  or  pickled? — A.  Dry  fish,  exported  in  bond.  They  were  bonded 
*  here  and  exported,  because  they  could  got  them  so  much  cheaper  than 
they  could  get  our  fish,  although  the  fisli  were  rather  inferior  to  ours  jn 
quality.  In  this  statement  I  do  not  give  tho  li  uiie  of  the  vessel,  bocaiiso 
I  thought  if  I  gave  the  name  of  the  master  and  vessel  it  might  annoy 
the  captain  when  ho  reached  homo,  for  of  course  the  statcnieiit  1  make 
would  bo  known,  and  consequently  I  thoiight  it  prudent  not  to  state 
the  name  of  the  vessel. 

The  vessel  belonged  to  Yarmouth,  Nova  Scotia,  and  was  of  71)  tons 
burden.  She  made  two  trips  to  the  Banks  in  the  season  of  1885  and 
returned  with  2,400  quintals  of  codfish.  The  American  Kchooiier  lien 
jamin  F.  Rich,  of  Provincetown,  of  05  tons,  owing  to  the  greater  dis 
tance  from  the  fishing  grounds,  made  one  trip  the  name  season,  and 
brought  into  port  1,600  quintals  of  codfish. 

The  cost  of  the  British  vessel,  prepared  for  fishing,  was  $1,000,  nr 
$50.03  per  ton.  The  cost  of  the  American  schooner — 17  tons  less  tiian 
the  other,  prepared  for  fisliiug — was  $0,500,  or  $100  per  ton.  Tlie 
outfits  of  the  former — salt,  bait^ provisions,  and  fishing-gear,  together 
with  wages  paid  the  crew — amounted  to  between  $1,J)00  and  $2,00(1, 
The  same  items  cost  the  American  vessel  $3,025.  The  wages  paid  tlio 
British  crew  were  $75  to  $82  per  man.  Those  paid  the  American  crew 
were  from  $125  to  $190  per  man. 

Q.  That  is  for  the  whole  season? — A.  Yes,  sir.  The  season  is  one 
voyage  with  us.  If  our  vessels  are  gone  but  two  months  it  makes  no 
difference,  they  get  the  same  pay. 

Q.  The  British  vessel  made  two  trips  to  the  Banks? — A.  Yes,  sir. 

Q.  Is  that  $75  per  man  for  each  trip? — A.  I  understand  that  is  for 
the  entire!  season. 

The  Canadian  crew  were  required  to  prepare  the  vessel  for  sea,  to  re- 
ceive and  stow  cargo,  and  to  discharge  her,  and  wash  and  stack  or  store 
the  fish  on  her  return  to  port.  The  American  fishermen  did  not  per 
form  this  service.  The  crew  on  the  former  vessel  were  obliged  to  wait 
for  their  pay  until  the  fish  were  sold  and  money  for  them  received, 
whereas  the  latter,  the  American  crew,  were  promptly  paid  and  dis- 
charged on  arrival  in  port. 

The  curing,  drying,  and  handling  of  the  Caaadian  fish  was  done  by  j 
women  and  girls,  who  received  0  cents  an  hour  and  25  cents  by  the  day, 
The  curing,  drying,  and  handling  of  the  American  fish  was  done  by  j 
men,  who  received  from  20  to  25  cents  per  hour,  and  that  is  always  so, 

WAGES,  HOW  PAID. 

Q.  When  these  men  from  this  port  on  the  fishing  vessels  are  paid, 
are  they  generally  paid  in  cash? — A.  Yes,  sir. 

Q.  They  do  not  have  to  run  up  what  is  called  a  store  account!— So, j 
sir. 

Senator  Edmunds.  From  my  experience  in  Canada — and  by  "Can 
ada"  I  mean  the  whole  of  that  eastern  region — I  understand,  in  gen 
eral,  that  nine-tenths  of  all  these  British  fltiherraen  hardly  ever  see  a  I 
doll.ar  of  their  wages  in  cash;  that  they  have  a  store  aci^nnut,  justasj 
is  customary  with  some  operative  establi.shmenta,  where  goods  are  so 


AMERICAN   FISHERY   INTERESTS. 


653 


inerican  crew 


lit  very  IiikI^  prices,  and  the  operative  comes  out  at  the  end  of  tlio  year 
with  iiotliiii}?  due  liiui.  The  conscqueuce  is  that  the  outfitter  has  a  lieu 
ou  the  lishenneu  all  the  time,  and  the  amount  of  profit  that  is  made  by 
that  Caiiiulian  outfitter  and  vessel-owner  is  enormously  greater  for  that 
reason,  und  the  actual  wages  of  the  fishermen  are  very  much  less  in 
proportion  than  the  figures  you  give,  because  for  every  $75  that  they 
earn  tbey  get  not  more  than  perhaps  half  of  that  amount  in  real  value 
iu  goods,  whereas  our  men,  being  paid  in  cash,  can  buy,  like  everybody 
else,  at  the  lowest  cash  rate. 

Tho  Witness.  Our  men  are  generally  paid  in  cash.  This  vessel  I 
spoko  of,  tho  Pearl  Nelson,  arrived  one  day  and  the  men  were  paid  off 
the  iioxt,  and  that  is  the  custom.  Your  statement  confirms  i)recisely 
what  this  captain  told  nie,  that  they  were  obliged  to  take  a  considerable 
portiou  of  their  wages  in  stores.  It  is  to  the  interest  of  the  vessel- 
owners  for  the  men  to  go  on  shares,  but  it  is  found  impracticable  to 
get  them  to  do  so.  They  usually  carry  one  or  two  sliaresmon,  and 
sometimes  others  of  the  crew  will  go  on  part  shares.  But  the  men  here 
generally  have  families,  and  they  don't  want  to  take  the  risk.  They 
prefer  <i  fixed  sum,  so  tliat  they  will  know  how  to  make  tlieir  calcula- 
tions, and  so  that  when  there  is  a  loss  that  loss  will  fall  upon  the  own- 
ers, as  it  has  the  last  few  years. 

SUBSEQUENT  CUBING   OF  FISn  BROUGHT  IN  FROZEN. 

Uy  Senator  Frye  :     v 

Q.  I  want  to  call  your  attention  to  this  fresh-fish  business. — A.  It  is 
a  very  serious  matter  in  connection  with  tho  fisheries. 

Q.  Their  admission  free  of  duty  ? — A.  Yes,  sir;  there  is  a  very  largo 
amount  brought  in. 

Q.  You  remember  tho  language  of  the  tariff  act,  "  Fish,  fresh  for  im- 
mediate consumption  "  ? — A.  Yes,  sir. 

Q.  Under  that,  your  experience  shows,  does  it  not,  that  all  fish  come 
in  in  a  frozen  condition? — A.  Yes,  sir.  That  has  not  come  directly 
within  my  jurisdiction,  because  we  do  not  have  entries  of  that  sort.  But 
I  icuow,  iVoin  the  general  business,  and  our  own  reports  too,  that  that 
is  tho  fact. 

Q.  From  your  experience  in  the  custom-house,  is  there  the  slightest 
ilifficulty  in  bringing  in  a  caigo  t:^  fresh  halibut,  for  instance,  in  a 
tiozeii  coiidition  and  transporting  them  to  Boston,  New  York,  or  any- 
where else,  and  subsequently  curing  them  ? — A.  None  at  all ;  there  is 
nothing  to  hinder  it.  The  only  question  to  settle  at  the  custom-house 
IS  whether  that  fish  has  not  been  salted  or  cured  in  some  way.  If  it  is 
fresh,  that  is  all  we  have  to  consider. 

By  Senator  Edmunds  : 

Q.  Suppose  1  come  to-day  with  fifty  tons  of  frozen  salmon  into  this 
port  and  want  to  make  a  regular  entry,  what  would  you  do? — A.  Under 
the  ruling  of  the  Department  and  precedents,  I  should  be  obliged  to  en- 
ter them  free. 

Q.  You  would  consider  that  they  were  for  immediate  consumption  ? — 
A.  Yes,  sir. 

Q.  Suppose,  ff/fther,  that,  having  made  my  entry  and  paid  my  duty, 
I  take  my  fish  ashore,  put  them  into  ice-houses,  and  come  back  and  say 
^  you,  "  Now,  Mr.  Gifford,  I  have  got  clear  of  you  j  '  immediate  con- 
sumption' to  me  means  that  I  am  going  to  carry  that  stock  of  fish  to 
supply  the  shoresmen  here  just  as  long  as  I  can  keep  them  frozen;  tho 


H^B.* 


crA 


AMERICAN    FlSIIKltY    INTERESTS. 


last  one  inobably  will  not  bo  oiitoii  for  six  nioiilhs";  what  would  vou 
do  then? — A.  It  would  bo  beyond  my  jurisdiction. 

Q.  Although  I  told  you  tliiitl  intended  to  do  so! — A.  Yes,  sir. 

^  By  Senator  Fuyk  : 

Q.  Take  that  same  cargo,  and  is  there  any  difficulty  in  haimitortiii" 
it  to  any  point  in  the  country  under  the  present  system  of  refii}{eratui 
cars?— 'A.  Oh,  no. 

Q.  Is  there  any  dilliculty  in  keeping  uhem  for  months  ? — A.  No,  sir' 
they  are  just  as  niucli  preserved  as  though  they  had  been  salted. 

By  Senator  Edmunds: 
Q.  Practically  I  understand  you  to  mean  then — it  is  obvious  onougii- 
that  the  words  in  the  law,  "  for  immediate  consumption,"  aa  tofrcsli 
tish,  do  not  anjount  to  any  tiling  at  all? — A.  Not  to  anything  at  alitor 
lish  that  come  fresh. 

FRESH  Fisn. 

By  Senator  Frye  : 

Q.  Has  not  this  modern  process  of  freezing  lish  and  transportiugthcni  j 
over  the  country  in  refrigerator  cars  immensely  increased  tUecousump- 
tion  of  fresh  fish  ? — A.  Oh,  j^es. 

Q.  What  effect  has  that  had  upon  the  consumption  of  salt  lish!— A, 
It  has  decreased  it  very  much.  For  the  past  three  years  tlieyhavoj 
been  running  fish  through  to  Chicago,  both  dried  and  fresh.  They  used] 
to  have  a  pretty  largo  market  in  Chicago  for  our  fish,  but  in  thekstl 
three  years  that  mariiet  has  been  principally  supi)lied  by  the  (J<madiau| 
fish  run  right  through. 

,.,     ,,    -       ,        ,    ^         GRAY  AND  WHITE  HALIBUT. 

Q.  Is  it  a  fact  that  the  gray  halibut  is  the  halibut  that  is  smoked!-] 
A.  Yes,  sir. 

Q.  And  the  white  is  marketed  fresh  ? — A.  Yes,  sir. 

Q.  Is  it  also  true  that  the  same  cargo  of  halibut  will  have  portions  I 
that  will  be  gray  and  ought  to  bo  smoked  and  other  portions  white  j 
that  ought  to  bo  marketed  fresh? — A.  Yes,  sir. 

Q.  Then  would  not  the  result  be  that  part  of  an  ordinary  cargo  ought  j 
to  be  sold  as  fresh  and  part  as  smoked  ? — A.  Yes,  sir. 

Q.  What  uu  c;,ns  would  you,  as  a  custom-house  officer,  have  of  1juo«-| 
ing  thS-t  half  of  a  cargo  of  halibut  was  subsequently  smoked  and  ' 
of  it  was  sold  fresh  ? — A.  Even  if  I  did  I  don't  see  how  I  could  iiitcrj 
fere.    The  que  stion  is  whether,  when  the  entry  is  made,  the  cargo  coniesj 
within  the  terms  of  the  law  admitting  it  free,  and  if  it  does,  that  isi 
far  as  I  can  gc  with  it. 

Q.  Under  tlie  decision  of  the  Treasury  Department  in  tlie  caseatj 
Gloucester  you  understand  that  it  is  fresh  fish? — A.  Yes,  sir. 


TARIFF  ON  BOTH  SALT  AND  FRESH  FISH. 

Now,  in  rel.'ition  to  the  tariff,  I  don't  know  of  any  good  reason  why 
we  should  not  have  a  tariff  on  fresh  fish  as  well  as  salt.  The  Cauadian^ 
have  a  tariff  on  all  fresh  fish  that  come  into  their  country,  just  as  the? 
have  on  salt  fish.  Tlicir  tariff  is  a  cent  a  pound,  and  it  is  only  atair  tanj 
as  compared  with  the  duty  on  other  ])roducts.  Three  dollars  audnft;^ 
cents  would  only  bo  an  ordinary  aiid  fair  price  for  cod.  That  amounts. 
I  think,  to  only  about  13  per  ceno. 


AMERICAN    FIHIIERV    1NTKKE8TH. 


665 


Q.  Tlial  in  "  ii  tariff  lor  rovoiiue  only  "I — A.  A  tiirifr  for  rovomio  only ; 
that  would  perbai>8  bo  i\s  higli  ii  duty  us  would  bo  judicious  to  i»Uico 

uiiou  itt 

IN-SUOBE  PISUlNa  AND   O'J  HER   CANADIAN  PBIVILEOES. 

Q.  Do  you  know  auytliiug  that  mir  flalioruion  desire  of  Canada? — A. 
5o,  sir.  They  bavo  only  just  one  thing  that  is  of  any  8or<-  of  value  to 
u«,  ami  you  have  heard  what  that  is — tlie  privilege  of  going  in  there 
and  of  perhaps  purchasing  some  little  thin^  that  they  uuiy  be  out  of,  as 
a  matter  of  convenience ;  but  that  is  a  tri\  ,,il  matter.  So  far  as  trans- 
iwrtation  is  concerned,  I  think  we  have  in  some  cases  availed  ourselves 
of  the  privilege  of  transporting  home  the  catch  of  mackerel. 

Q.  Tbrough  Canada  i — A.  Yes;  to  IJoston.  But,  so  far  as  the  in-shore 
fishery  is  concerned,  it  is  not  worth  any  contention.  You  will  liud  that 
when  Mr.  Johnston  was  C'.iiiadian  secretary  of  inarino  he  stated  that 
the  shore  fishermen  wlio  are  pursuing  this  in-shore  fishery,  as  a  class  of 
men,  are  constantly  i)Oor  and  are  really  paupers ;  their  ( overnmeut  is 
continually  compelled  to  help  them.  Ue  says  they  spend  their  lives  in 
mending  old  nets  and  dogging  around  the  shores  without  accomplish- 
ing  anything. 

THREE-MILE  LIMIT.  ^ 

Q.  Do  you  know  the  fact  that  it  is  shown  by  the  statistics  that  dur- 
iiij;  the  twelve  years  of  the  treaty  the  average  number  of  our  vessels 
going  within  the  three-mile  limits  was  93^  a  year? — A.  I  have  not  ex- 
1  amined  that. 

Q.  Do  you  know  that  the  statistics  show  that  the  actual  cost  of  all 

I  the  mackerel  taken  within  the  three-mile  shore  lino  was  double  the 

price  obtained  for  them? — A.  I  should  judge  it  would  be,  from  what 

qierience  we  have  had  in  the  ports  on  the  Cape  here;  I  should  think 

it  would  cost  all  of  that. 

T 
AVERAGE  PAY  OF  FISHERMEN. 

Q.  It  strikes  me  that  you  told  mo  at  Washington — can  you  tell  mt 
JBow!— about  the  average  pay  that  fishermen  all  through  this  section  get 
Ik  a  year's  fishing. — A.  No.    I  think  likely  it  was  Mr.  Babson  gavo 

Ijouthat.  -    ^  '.>:,..,  -^'v: 

INSHORE  FISHING.  *   '    •        '. 

By  ^jcnator  EDMUNDS : 
Q.  lias  any  vessel  from  this  district  been  interfered  with  ? — A.  I 
lliink  Captain  Kemp's  is  the  only  case.    In  fact,  they  have  had  very 
Ittle  chance  to  intcfere  with  our  vessels,  because  they  have  been  kept 
mj.  This  inshore  fishery,  you  perfectly  understand,  is  of  advantage 
|o the  mackerel  catchers  only,  and  the  mackerel  interest  is  the  smaller 
Titercst  ot;  the  two.    So  that  with  our  fishermen  that  privilege  is  per- 
«tly  valu'^less.    We  have  never  sent  a  vessel  to  fish  inshore.    During 
« treaty  we  had  on  an  average  about  ten  codfish  vessels  that  fished 
m  British  waters,  but  just  out  of  sight  of  land. 
Q.  Mackerel  vessels  go  from  this  port,  do  they  not? — A.  We  have 
pteeun  'p,kerel  vessels;  nine  ot  then,  on  account  of  the  scarcity  of 
Fkerel  oii  our  own  coast  this  year,  have  gone  there,  and  one  of  them 
06  a  full  trip,  but  only  one,   ,We  have  averaged  about  one  vessel  a 


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23  WEST  MAIN  STREET 

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65G 


AMERICAN    FISHERY    INTERESTS. 


TESTIMONY  OF  OTIS  M.  KKfOWLES. 

After  tbo  adjouiuinent  of  tbo  subcommittee  at  Provincetown  on 
October  J,  J 880,  Otis  M.  Knowlcs,  ageut  for  tbe  Union  Fish  Company 
located  at  Proviucetowii,  made  tbe  following  statement,  not  under oatli' 
whicb  was  ordered  to  bo  embodied  in  tbo  testimony :  ' 

Tbat  bis  company  is  tbe  owner  of  several  mackerel  fisherwen*  that 
during  all  the  time  of  tbeir  ownership  none  of  them  have  ever  taken  a 
mackerel  within  the  three-mile  shore  lino  of  Canada;  thnt  ia  lb84  the 
Ashing  schooner  Emma  P.  Curtis,  Captain  Kich  commanding,  made  a 
nine  weeks'  trip  in  the  Bay  of  St.  Lawrence,  fishing  outside  the  three  i 
mile  shore  line,  and  caught  125  barrels  of  mackerel,  on  wliich  she  i 
stocked  $916.79 ;  tbat  during  the  same  time  and  tbo  same  length  of] 
time  tbo  schooner  Alice  captured  on  the  American  shore  950  barrels  ( 
which  she  stocked  $0,000;  that  also  during  tbo  same  time  and  the  samel 
length  of  time  tho  schooner  Stowell  Sherman  captured  700  barrels  on] 
the  Americac  shore,  stocking  $5,000. 


'  TESTIMONY  OF  S.  S.  SWIFT. 

S.  S.  SWIFT  also  ai>peared  under  the  same  circumstances  and  mad^ 
the  following  statement : 

Is  a  dealer  in  fish  and  oils ;  is  owner  of  fishing  vessels  at  i'rovino 
town,  Mass.,  and  is  largely  interested  in  the  foUoxving  naused  veSoeln;| 

Cost  of  schooner  Annie  R.  Konip ?14,892t 

Cost  of  schooner  F.  Woodruff 12^591  ;| 

Cost  of  schooner  Ellen  A.  Swift 12,()(JI ", 

Cost  of  schooner  Willie  L.  Swift ll,4ib^^ 

Coat  of  schooner  Leon  S.  Swift 12,'M  1^ 

Cost  of  schooner  Ethel  Swift 13,742  8| 

Cost  of  schooner  Nellie  Swift 11,116^ 

Cost  of  fish  stores,  ilake  y.irds,  lish  butts,  wharf,  &c.,  about 1/, 

105, 524 f 
Tha  oxiionso  to  run  his  baainess  was  about  $8,000  per  year. 

As  an  illustration  of  tbo  profits  of  the  business,  Mr.  Swift  seleito 
the  schooner  Nellie  Swift,  and  submitted  tables  for  the  years  1883,18^ 
1885,  and  1S80,  as  follows : 

Schooner  Nellie  Siti/t,  voyage  1883;  number  ti'dntala,  2,82[). 

Whole  stock J7,311( 

Groat  generalc 'i,(&ii 

4,6111 
One-eighth  making  ilsh i'di 

Amount  oil  added *25l| 

.■-',;.        4,7(j0| 
One-fourth  vessel's  part - 1,1*' | 

Small  general  bill , 9H{ 

Ctowb'  wages • !'i* 

Loss ,„.,,,....,..,„„--- I.l'H 


AMERICAN   FISHERY   INTERESTS. 

Verfsnart $1,11)0  12 

Q„j.pigbth  aud  oue-foiirteeuth  luakiug  lisli 54  '25 

1,244  37 

Sem>\'s  1j-1'S»  $^^-  ^  •'  "'terest,  |667. 01 ;  iusuraucc,  $889. 35 2, 425  22 

Loss 1.180  85 

Taxes  and  depreciation  not  considered  at  all.  '•,■-.      .  t  .'«.,•  • 

Schooner  Nellie  Suift,  1884 ;  numler  quintals,  2,55i. 

i  Stock H320  13 

I  Great  generals 2,239  10 

2,081  03 
le-eigbth  making  fish tl(V)  13 

■  •  •  1,820  90 

I  Anionnt  oil  added 387  59 

2,208  49 
I  One-fourth  veBsel'a  part 552  12 

.  1,656  37 

[Smallgcucrak 702  29 

954  08 
[Crew wages 3,9C3  25 

Loss 2,949  17 

[Vessel one-fourth  part -.. 552  12 

|lo88 on  making  fish 48  45 

503  67 
lYessel's  bills,  $1,189.24 ;  interest,  5l)67.01 ;  insurance,  $889.35 2, 745  60 

Loot 2,241  93 

Taxes  and  :l.epreciatiou  not  considcied. 

Jquiutals,  at  $2.10 $5,880  00 

{Breat  generals 1,768  18 

4,111  82 
lie-eigLth  making  fish -, - 513  97 

,       ^  .                             ,  3  597  g5 

Jmonnt  oil  added 348  75 

3,946  60 
M-fourth  part  vessel 986  65     . 

■    '        -                            •    2,959  95 
all  generals 934  65 

■       ^                   ■  r  8,025  30 

"wwages 2,635  00 

Loss 609  70 

I  part 986  65 

fence  one-eighth  and  one-fourf;eonth 93  97 

1.080  62 
iel'8 bills,  $1,100;  interest,  667.01;  insurance,  $889.35 2,656  36 

L«88 1,575  71 

8.  Ex.  113 4a 


058  AMERICAN   FISHERY   INTERESTS. 

Schooner  I^cHw  Swift,  1885;  quintals,  2,900. 

Whole  Btock.-..,. 17,256  5,1 

Great  generals l,7Gsii 

5,' 
One-eighth  making  fish | 

Amount  oil  addei* '^jg. 

5,221  ( 

One-fonrth  vessel's  part i^^c. 

Small  generals i;4i|| 

_                                  •  mi 

Crew  wages 2,995 1 

Profit 2:i)( 

Vessel's  one-fourth  part 1,31155 

Difference  one-eighth  and  one-fourteenth  making  fish ,„ .      107 1 

1,4SS 
Bills,  $1,189.24;  interest,  $667.01;  insurance,  $889.35 2,7456^ 

Loss 1,272  J 


TESTIMONY  OF  WILLIAM  F.  JONES. 


'  "■:  Boston,  Mass.,  Octo&cr  2, 1886.  j 

WILLIAM  F.  JOifES  sworn  and  examined. 

By  Senator  Edmunds  : 

Question.  What  is  your  age  1 — Answer.  Forty-four  years. 

Q.  You  reside  in  Boston  ? — A.  I  reside  in  Boston. 

Q.  What  is  your  occupation  ? — A.  I  am  a  member  of  the  firm  of  T.i 
Jones  &  Co.,  commission  merchants,  dealing  mainly  in  fish. 

Q.  How  long  have  you  been  in  the  fish  business  ?— A.  I  began  i 
1861,  but  was  out  of  it  for  a  time,  being  in  the  army  during  partoftlj 
war ;  then  I  have  been  in  it  since  1864  continuously. 

Q.  Do  you  fit  out  vessels  ? — A.  No,  sir.  We  are  commissiou  mej 
chants,  selling  fish  mostiy  from  the  British  Provinces,  though  we  del 
to  some  extent  in  American  fish. 

Q.  Where  do  your  principaJs  mainly  reside  in  the  British  rrovinces!^ 
A.  In  Nova  Scotia,  principally. 

Q.  In  what  kinds  of  fish  do  you  deal  ? — A.  All  kinds. 

Q.  What  is  the  largest  part  ? — A.  Mackerel,  codfish,  aud  Lerriug.j 

Q.  Fresh,  or  salt,  or  both  ?— A.  Salted  mainly;  a  little  in  fresb  fi^ 
but  not  very  much. 

EFFECT  OF  THE  TEEATY  OF  1870. 

Q.  What  was  the  apparent  effect,  on  the  fishery  trade  that  you  \^ 
engaged  in,  of  the  treaty  of  1870-'71,  when  the  laws  hatl  been  passea 
put  it  into  effect,  which,  I  believe,  was  about  1873;  was  it  notl-AJ 
began  July  1,  1875.    You  mean  if  there  was  any  change  at  that  tip 

Senator  Edmunds.  Yes. 


AMERICAN   FISHERY    INTERESTS. 


659 


A.  I  am  uot  uwaro  that  tlieru  was  very  much,  except  that  certaiu  of 
the  cheaper  grades  of  flsh  could  not  afford  to  pay  the  specific  duty.  It 
does  not  make  any  difference  ta  my  firm  whether  there  is  a  duty  on  flsh 
or  not,  provided  trade  is  good  and  fish  are  bringing  good  prices. 

Q.  lam  not  speaking  of  its  effect  on  your  business,  as  to  personal 
profits,  but  as  affecting  the  quantity  soW,  the  prices  obtained,  and  so 
on,— A.  The  larger  prices  for  flsh  were  obtained  about  the  close  of  the 
Tar  during  the  Inflated  period,  when  all  kinds  of  goods  brought  high 
prices.  The  prices  of  mackerel,  particularly,  change  greatly  from  one 
vear  to  another,  without  reference  to  the  duty.  For  instance,  the  price 
this  year  has  been  double  that  of  last  year. 

Q.  But  you  did  uot  observe  on  the  occasion  of  the  free  flsh  coming  in 
iu  force  that  the  prices  fell? — A.  They  fell  just  before  that  time,  and 
reaction  came  in  1871-'72.  Prices  had  been  exceedingly  high  up  to  that 
time— too  high ;  but  a  reaction  came,  and  there  was  a  very  large  decline, 
and  very  heavy  losses  were  sustained  both  in  the  winters  oi  1871-'72 
and  1872-'73,  just  before  this  treaty  came  into  v  peration.  So  that  I  don't 
think  that  any  difference  would  have  been  shown  by  the  introduction  of 
fish  free.  In  fact,  I  remember  particularly  the  testimony  before  the 
Halifax  Commission,  wherein  it  was  said  by  many  Nova  Scotians  and 
the  fishermt  ii  of  the  Provinces  down  there  that  to  them  it  was  a  very 
good  thing  ■,o  have  a  duty,  becaus'*.  they  got  so  much  better  prices  wheu 
fish  were  dutiable  than  they  did  during  the  years  1871  and  1872,  when 
fish  were  free.  That  was  simply  due  to  the  natural  operation  of  t'^e 
courses  of  trade;  but  they  thought  they  had  better  have  duty  on  be- 
i  cause  they  got  so  much  better  returns  from  their  flsh  during  that  time. 
That,  however,  was  the  inflated  period  during  the  war  and  just  after- 
i  ward,  when  prices  of  all  kinds  Wore  exalted. 

Q.  [That,  I  suppose,  is  not  your  opinion! — A.  No;  it  had  nothing  to 
I  do  with  it. 

Q,  That  was  a  delusion  I — /..  Take  this  year  and  last  year.  Last  year 
I  prices  of  all  kinds  of  flsh  were  exceedingly  low,  and  there  was  a  surplus. 
year  everything  except  codflsh  is  very  scarce,  and  the  prices  of 
[  everything  have  advanced  a  great  deal.  In  many  things  we  are  obliged 
today  to  go  to  Hajifax  or  St.  John,  and  to  pay  whatever  prices  they 
jchoosetoask. 

Q.  For  what  kind  of  flsh? — A.  For  herring,  mackerel,  salmon,  and  for 

had.  However,  the  capture  of  shad  does  not  amount  to  much  this  year. 
Ilnfact,  the  capture  of  pickle  fish  of  any  kind  this  year  is  the  smallest 
Jever  known. 

Q.  That  is  true  of  salmon? — A.  That  is  true  of  salmon.  Mackerel 
|«hich  last  year  brought  $5  at  this  time  are  worth  $10. 

Q.  Then  how  is  it  that  the  fishermen  think  that  they  are  having  a 
jhard  time?— A.  I  don't  know.  I  think  the  figures  prove  that  the 
jfisherraeu  are  not  injured  by  duty  on  fish,  because  during  the 

By  Senator  Frye:  '  "   -  -'^    •  ■"■  ''''''   ' 

Q.  By  the  freedom  from  duty  you  mean  ? — A.  Yes,  sir.  The  fishermen 
iMeuot  injured  by  the  freedom  from  duty,  because  during  the  thirty-one 
Ijears  before  1885  the  American  fishermen  made  all  their  profit.  I  have 
])otted  down  a  few  figures 

By  Senator  Edmunds:  •'  .    •  ,r 

Q.  Wait  a  moment.    I  want  to  ask  you  one  or  two  more  questions. 

'«o  not  think  you  quite  understood,  or  have  not  answered  my  last 

finestiou.    You  say  that  the  prices  of  fish,  they  being  scarce,  are  higher 

wsyearthan  last?— A.  Yes,  sir.    That  has  been  because  there  have 

till  fewer  flsh  caught. 


660 


AMERICAN   FISHERY   INTERESTS. 


PROFITS  OF  FISHERMEN. 


Q.  Hjivo  the  fisliermen  been  making-more  profit  this  year  than  last?- 
&..  No.  A  few  of  them  have  clone  fairly  well,  but  the  greater  part  of 
them  have  made  very  heavy  losses,  that  is,  in  the  mackerel  lisliinc 
In  the  cod  fishery  the  catch  has  been  large,  and  it  remains  to  be  provcli 
what  the  result  will  be.  My  own  opinion  is  that,  all  kinds  of  picklo 
fish  being  scarce,  the  consumption  of  codfish  will  be  increased  and 
there  is  a  hope,  which  there  was  not  a  month  or  two  ago,  that'tLey 
may  come  out  and  make  both  ends  meet. 

Q.  But  at  this  moment  the  fishermen's  operations  for  this  year  have 
not  been  fortunate? — A.  Very  unsuccessful  as  a  whole.  Mostoftbe 
mackerel  fleet  will  lose  a  great  deal  of  money;  it  won't  begin  t>  pay 
some  of  them  have  got  nothing.  ' 

Q.  Although  the  prices  have  risen? — A.  Yes,  sir. 


FISHERIES  STATISTICS. 


Senator  Edmunds.  Now  you  can  go  on  and  give  the  fignres  jouj 
spoke  of  a  moment  ago. 

The  Witness.  The  United  States  census  for  1880  gives  the  capital  j 
invested  in  the  New  England  fisheries  at  $10,937,607;  the  product  was 
$14,270,293.  I  deduct  ten  per  cent,  for  the  expense  of  doing  the  busi- 
ness; that  is  an  ordinary  allowance  in  general  business;  that  leaves! 
$12,843,264.  Take  40  per  cent,  for  the  share  of  the  vessels ;  that  is  tbel 
general  settlement  for  the  shares  of  vessels.  That  40  per  cent,  wonldl 
be  $5,137,305,  or  nearly  26  per  cent,  dividend  on  the  investment  in  the! 
New  England  fisheries.  That  is  from  the  last  census  report  I  have  seen,] 
for  1880.  But  the  years  1881, 1882,  and  1883  were  better  years.  TLerol 
were  larger  profits  made,  and  the  business  will  probably  show  betterj 
results. 

Q.  Why  do  you  stop  at  1883?  Why  not  bring  your  statemei.t  down! 
to  this  time? — A.  Because  in  1884  there  was  an  excessive  catch  of 
mackerel,  the  largest  catch  ever  known,  and  that  was  a  poor  yearj 
owing  to  the  large  catch. 

Q.  How  much  did  they  make  that  year? — A.  1  don't  think  they  made| 
anything  that  year. 

Q.  How  much  did  they  make  in  1885  ? — A.  I  don't  know ;  there  hi 
never  been  any  statement  made. 

Q.  Do  you  mean  to  say  that  you  can  get  figures  for  1883,  and  caiinotj 
for  1884  ?— A.  I  have  given  you  figures  for  1880,  and  I  say  those  are  tliaf 
last  figures  I  have  seen. 

Q.  You  spoke  of  1882  and  1883.— A.  I  say  I  know  that  they  wen 
better  years  in  the  fish  business,  but  I  cannot  give  you  the  figures. 
merely  say,  in  giving  you  the  result  for  1880,  that  $o,137,305  would 
amount  to  a  dividend  of  about  26  per  cent,  on  all  the  capital  invested 
in  the  New  England  fisheries,  and  that  was  considered  a  fair  year.  Bui 
the  years  1881, 1882,  and  1883  were  better  years;  prices  wore  higli^ 
and  more  profits  were  made. 

Q.  The  figures  you  have  given  us  for  1880  were,  after  all,  prol 
really  those  for  1879?— A.  No;  I  got  them  from  the  census  report f« 
1880.  I 

Q.  But  the  census  was  taken  in  Juno,  1880,  and  it  must  have  Iwj 
taken  on  the  product  of  1879.— A.  If  that  is  so,  that  makes  it  strongej 
for  J870  was  a  poor  year.    I  had  taken  it  to  bo  1880, 


AMERICAN  rlSHEftY   INTERfiSfS. 


tint 


Q.  It  can  hardly  be  possible,  I  should  think — A.  From  1S77  to  1879 
were  poor  years,  I  know,  in  the  mackerel  business. 
Q.  Yon  iiave  evidently  given  the  figures  for  1879,  notwithstanding 
Tou  got  tlicin  from  the  census  report  for  1880 ;  and  then  you  say  that 
the  succeeding  years  up  to  1883  were  better  still? — A.  Yes,  sir;  I  say 
iliatin  tliose  four  years  the  profits,  particularly  of  the  mackerel  fish- 
eries, were  exceedingly  large.    The  schooner  Edwi.rd  ]'j.  Webster  of 

,    ^  ^_  Gloucester,  stocked  $104,000  in  those  years  (''stocked"  is  the  term 

ago,  that  tliey  ^m  |,s(m1  in  tlie  business),  and,  in  dividing,  20  per  cent,  is  taken  for  expense 


r  than  last!- 
reater  part  of 
jkerel  tisliing. 
s  to  be  proved 
uds  of  pidle 
ucreased,  and 


this  yearliave 
.  Most  of  tbe 
begin  fj  piiy; 


lie  figures  youj 

;ives  the  capital  I 
the  product  was  I 
doing  the  busi- 
3ss;  that  leaves] 
sels;  that  is  tbe  j 
I  per  cent,  wonldl 
1  vestment  in  thej 
port  I  have  seen,! 
^er  years.   There] 
ibly  show  better] 

statement  downj 

.cessive  catcli  off 

as  a  poor  yearJ 

think  they  madi^ 

know;  there lia* 

1883,  and  caniioj 
say  those  are  th^ 

w  that  they  v^en 
ni  the  figures.  , 
-^,5,137,305  vfoulj 
capital  invest^ 
.a  fair  year.  Ml 

■ices  were  bigu 

I'ter  all,  probiibj 
census  report  tof 

must  have 
Lakes  it  strongel 


iiitittings,  &c.,  40  per  cent,  for  the  crew,  and  40  per  cent,  for  the  vessel ; 
there  is  over  $40,000  for  those  four  years  for  a  vessel  that  cost  some 
$!0,0()O  or  $12,000.    But  there  were  many  other  vessels  did  as  well. 
Q.  What  fisliing  was  she  engaged  in  ? — A.  Mackerel. 
Q.  Where!— A.  She  sailed  from  Gloucester. 

Q.  Where  did  she  catch  her  fish  ? — A.  Wherever  they  were ;  they 
iii;;lit  liavo  been  on  our  shores  or  in  the  bay,  probably  on  our  shores. 
Q.  Wore  you  agent  for  that  vessel  ? — A.  No. 

Q.  Have  you  been,  from  that  time  down  to  now,  the  agent  for  any 
American  fishing  vessels  ?— A.  No. 

Q,  So  that  whatever  your  information  is,  it  is  not  information  derived 
rom  your  personal  knowledge  of  business  transactions? — A.  No,  it  is 
[derived  from  the  statements  of  the  owners  of  these  vessels  made  to  our 
1  organization. 

Senator  Edmunds,    I  ask  you  this  question,  because,  when  we  go 
lover  to  Gloucester,«which  is  the  grand  headquarters  of  these  people, 
JTCsliould  call  their  attention  to  the  alleged  very  heavy  profits  that  are 
Dg  made  in  the  business,  and  therefore  I  should  want  to  know  pre- 
jcisely  what  you  mean  and  what  your  sources  of  information  are. 

The  Witness.  During  the  time  these  vessels  were  doing  so  well  they 
[wrevery  good  to  give  out  for  publication  the  results  of  their  trips. 

Q.  Was  the  case  of  the  Webster,  which  you  mention,  a  case  of  ex- 
jtniordinary  luck,  or  did  that  luck  apply  to  the  whole  fleet? — A.  The  case 
lof  tbe  Webster  was  probably  a  case  of  skill  on  the  part  of  her  captain. 
JHehas  got  a  positive  genius  for  catching  fish,  but  there  were  other  ves- 
Isels  that  did  nearly  as  well.  The  Nellie  M.  Rowe  was  fishing  the  last 
|two  years  and  she  made  $55,000,  which  was  really  better  in  proportion. 
Q.  Supposing  the  whole  number  of  vessels  to  be  a  thousand,  what 
|wnld  be  the  average? — A.  That  we  do  not  know. 
Q.  AVliat  do  you  think  it  would  be,  taking  the  whole  business  to- 
gether!—A.  I  haven't  any  means  of  knowing  what  it  would  be  for  the 
Vliole. 
Q.  You  do  not  mean  to  say,  then,  that  you  state  the  instances  of  the 
M)ster  and  the  Kowe  as  being  fair  samples  of  all  the  vessels  engaged 
itbe  business?— A.  Not  at  all;  I  merely  wanted  to  show  that  it  was 
issible  to  make  such  a  large  quantity  of  money.  ^  And  I  remember 
lliatthe  Commissioner  of  Fish  and  Fisheries,  in  his  report  published  in 
P3-I  cannot  quote  from  memory — after  mentioning  some  of  these 
~|rge stocks  of  vessels,  made  a  remark  something  like  this:  If  it  is  re- 
Nbered  that  these  vessels  fish  only  eight  mouths  in  the  year  at  the  ut- 
post,  and  most  of  them  only  from  four  to  six  months,  it  appears  that 
p  business  has  been  very  profitable  for  many,  and  that  the  greater 
prtof  the  fleet  made  fair  returns. 

[Q.  That  is  the  Canadian  Commissioner  you  8i)eak  of? — A.  No,  the 
[iited  States  Commissioner.    He  makes  that  statement  in  the  Report 
>Fi8h  Commission  for  1883. 


41?  i^ 


602 


AMfeRtCAN  FIStlKilY   INTERESTS. 


WHOLESALE   AND  RETAIL  PRICES. 

Q.  How  do  ibo  retail  prices  of  flsb  in  this  market  compare  witb  the 
wholesale  prices  f  What  has  been  the  advauce  per  i)ouiul,  or  per  cent. 
or  any  way  you  choose  to  state  it,  so  that  we  shall  undorstiiiul  itf-.A! 
I  don't  know  much  about  the  retail  prices. 

Q.  Do  you  know  anything  about  it? — A.  Well,  I  know  thut  that  is 
one  of  the  things  which  do  not  vary  very  much.  The  mackerel  market 
now  is  a  fluctuating  one,  down  one  day  and  up  the  next,  varying  con 
stantly. 

Q.  Take  it  last  week,  or  today ;  what  is  the  retail  j)rice  of  No.  1  mack 
erel  in  Boston? — A.  There  is  hardly  any  mackerel  eaten  in  boston 
Codfish 

Q.  Do  you  think  there  is  no  retail  price? — A.  I  suppose  there  is,  but 
I  don't  know  what  it  is;  I  never  bad  occasion  to  inquire,  I  know  that 
very  few  mackerel  are  eaten  in  Boston. 

Q.  Take  codfish ;  are  codfish  eaten  hero  ? — A.  Yes,  sir ;  I  sliould  say 
that  the  retail  prices  of  codfish  would  be  probably  from  0  to  8  cents  a  \ 
pound. 

Q.  What  grade  or  number? — A.  There  is  no  number  on  codfisb.  Itj 
is  8imi)ly  a  question  of  bank  lish  or  shore  fish. 

Q.  You  do  not  mean  those  that  are  skinned  and  put  up  in  boxes f- 
A.  No;  I  mean  the  whole  fish. 

Q.  What  is  the  wholesale  i)rice? — A.  The  wholesale  price  today isl 
about  $2.75  for  bank  fish  and  $4  for  the  best  shore  «fish  per  quintal  nfj 
112  i)ound8. 

Q.  Then  the  retail  price  is  more  than  double  the  wholesale  pricef- 
A.  Yes,  sir;  when  I  speak  of  the  retail  price  1  mean  selling  tbelishj 
singly. 

Q.  That  is  what  you  mean  by  "  retail"? — A.  Yes,  sir. 

Q.  So  that,  if  I  went  to  you  as  a  wholesale  dealer,  and  bought  112] 
pounds,  supposing  you  would  sell  me  a  package  at  the  wholesale  price,! 
and  then  1  sold  it  right  back  to  you — if  you  traded  with  me  as  a  grocer- 
you  would  pay  me  double  what  I  paid  you  for  it? — A.  About  double! 
but  you  must  remember  that  they  go  through  two  or  three  or  loardiff 
ferent  hands,  and  consequently  there  are  tliat  many  profits  on  thogooda 
Then  as  to  the  retail  price  there  is  a  dift'ereuce.     You  may  go  to  lilackj 
stone  street,  where  the  dealers  sell  to  the  poor  peo])le,  and  theydonoj 
get  the  profits  that  the  dealers  do  up  town  where  they  pay  liigb  renti 
and  expect  to  get  a  good  deal  more.    The  retailers  who  sell  to  tbepoore^ 
classes  would  vary  the  prices  of  fish  more  in  accordance  with  tbewholft 
sale  prices.    I  have  seen  them  quoted  down  there  at  very  reasonably 
i-etail  prices. 

!^&,4   •!  EFFECTS  OP  THE  TREATY  OF  1870-'71. 

Q.  You  did  not  observe  any  special  effects  upon  the  market  M 
taking  off  the  duty  under  the  treaty  of  1870-'71?— A.  It  resulted  prnlij 
ably  in  an  increased  importation  of  the  cheaper  grades  of  flsb. 

Q.  Now  let  me  come  to  the  termination  of  the  treaty  in  188.'),  ^m 
the  duty  was  put  on.  Did  you  observe  any  effect  on  the  market  froj 
that? — A.  There  was  a  very  considerable  falling  off'  in  the  importatioij 
during  the  first  three  months  of  the  year. 

Q.  How  as  to  the  prices? — iv.  The  prices  were  not  affected.  Wcha| 
here  last  year  a  large  supply  left  over. 

Q.  I  am  not  on  the  reason;  I  want  to  stick  to  that  particular  poj 
at  this  moment.    We  will  assume  then  that  the  price  immediately  a»^ 


AMERICAN    FianERY   INTERESTS. 


663 


wards  was  not  affected,  and  we  will  assiuno  that  there  were  some  im- 
portations, as  I  suppose  there  were?— A.  Yes. 

Q.  Then  the  foreign  importer,  the  producer  offish,  had  to  pay  his  50 
cents  or  $1  on  a  certain  number  of  pounds — I  have  forgotten  what  it 
vM'  out  of  whose  pocket  did  that  dollar  flnsilly  come?  If  the  price  in 
this'market  was  not  affected,  it  did  not  come  out  of  the  consumer  or 
American  middleman ;  then  it  must  have  come  out  of  the  foreign  pro- 
ilncer  must  it  nott  Ue  did  not, make  as  much  by  that  sum,  did  he? — 
,  A.  It  caino  out  of  him  for  the  time  being. 

Q.  In  that  case  it  would  bo  clear,  would  it  not,  that  it  must  have 

been  that  much  loss  to  him?— A.  It  came  out  of  him  on  the  things 

I  which  wo  have  on  our  shores.    You  must  understand  that  there  are 

i  some  kinds  and  grades  of  fish  that  come  from  the  Provinces  that  we  do 

ot  get  on  our  shores  at  all. 

WHOLESALE  AND    RETAIL  PRICES  OF  HERRING. 

Q,  Snch  as ^A.  Such  as  herring.    All  the  fat  herring  consumed  in 

liis  country  are  importations, from  the  Provinces. 

Q.  We  will  speak  of  herring.  Are  herring  graded  I — A.  They  are 
[graded  as  large,  medium,  and  small. 

Q,  Take  the  larger  herring,  which  are  the  best,  I  suppose? — A.  Yes, 
I  sir. 

Q,  What  was  the  wholesale  price  of  herring  during  the  season  of 
|li>'54  and  down  during  the  winter  of  1884? — A.  1  haven't  looked  up 
Itliose  points,  and  I  could  only  speak  from  memory.  I  should  say  $4.50 
IlKT  barrel. 

Q,  Bow  many  pounds? — A.  The  Massachusetts  law  does  not  provide 
[for  any  nnmbcr  of  pounds.  Say  200  pounds.  That  is  the  way  we  sell 
Iniaclierel. 

Q,  Have  you  the  retail  prices  for  herring  ? — A.  No. 

Q,  What  was  the  wholesale  price  of  that  same  kind  of  herring  in  the 
IsDuunerof  1885? — A.  It  began  at  $5  and  wont  down  during  the  spring 
jtotbe  exceedingly  low  price  of  $3. 

Q.  Which  spring? — A.  This  last  spring.  There  was  a  very  heavy 
'/  of  herring  last  year. 

Q,  So  tliat  on  herring,  so  far  as  it  appears  from  your  testimony,  the 

bntting;  on  of  the  duty  did  not  affect  the  wholesale  price  in  this  mar- 
ket'-A.  No. 

Q.  And  you  have  said  that  it  generally  does  not  affect  the  retail  prices 

ktall  as  to  any  kind  of  fish?— A.  1  speak  more  of  codfish.    I  do  not  know 

iliat  the  retail  price  through  the  country  is. 

'  Q.  I  am  talking  about  Boston;  and  Boston,  we  think,  is  quite  a  con- 
enible  part  of  the  country. — A.  Not  as  a  consumer  of  mackerel  or 

ferring. 

Senator  Frye.  I  suppose  that  when  this  witness  speaks  about  the 
sarket  for  mackerel,  herring,  or  anything  of  that  kind,  he  refers  to  the 
fholesale  price,  and  not  to  the  retail. 

1  The  Witness.  That  is  all  I  know  about.  Wo  sell  to  the  largo  ship- 
j(re,and  1  have  no  knowledge  of  retail  prices. 

|Senator  Edmunds.  Now  you  can  go  on  and  state  anything  else  you 
^ire  to.   You  spoke  about  some  reports. 

FISHING  TONNAGE. 

IThc  Witness.  I  was  going  to  say  that  the  statement  has  been  made 
Wour  fisheries  were  injured,  and  the  illustration  that  has  been  given 
imow  It  was  the  decline  in  the  tonnage.    The  dedino  in  the  tonnage 


'»*ii 


^ 


(u;  1 


AMERICAN    FISHERY    INTERESTS. 


waH  owinff  entirely  to  different  causes.  According  to  the  statistics  of 
the  United  States  Commissioner  of  Navigation,  the  average  tonnage 
during  tlie  yearg  1854  to  18G6,  which  was  the  period  of  the  reciprocity 
treaty,  was  155,179  tons. 

From  18G0  to  1873,  when  the  duty  was  imposed,  it  fell  to  89,034  tons. 

From  1873  to  1885,  during  the  operation  of  the  treaty  of  WasLinc 
ton,  it  fell  to  82,988  tons. 

Now,  the  average  tonnage  fell  during  the  time  that  wo  paid  duty 
something  over  (>U,000  tons,  and  when  we  had  free  trade  again  itoiilv 
fell  0,000  tons. 

Q.  Since  the  duty  was  reimposed  has  the  tonnage  increased,  or  di- 
minished?— A.  It  has  decreased  a  little  and  will  probably  decrease  a  i 
good  deal  next  year,  owing  to  poor  success.    If  you  follow  the  tbing  uji  ] 
you  can  see  very  closelj^  that  the  tonnage  engaged  in  fisheries  varies  | 
up  and  down  from  year  to  year  during  a  period  of  three  or  fouryearf, 
according  to  the  success  or  failure  of  the  lisheries.    I  remember  tliatiil  i 
1877,  1878,  and  1879  we  had  very  small  catches  of  mackerel,  and 
fleet  fell  off  a  good  deal.    In  1880  we  had  a  good  catch.    In  1881,  ami  | 
np  to  1884,  the  fleet  increased  considerably.    The  mackerel  fleet  in  18.SI 
was  298  vessels,  with  crews  numbering  4,258;  that  is.  New  England- j 
Massachusetts  and  Maine. 

In  1884  it  had  increased  to  301  vessels  and  5,017  men. 

The  cod-fishing  fleet  in  1881  was  004  vessels,  0,402  men. 

In  1884  it  was  769  vessels  and  8,778  men. 

Now,  I  think  1881  and  1882  were  the  profitable  years  on  account  of  | 
the  high  prices  of  codfish.    In  1883  there  was  a  very  considerable  in- 
crease of  the  cod-fishing  fleet,  an  increase  of  between  fifty  and  BixtyJ 
vessels  and  900  men.    That  was  the  improvement  for  one  year. 

EXPORT   TRADE. 

One  reason  why  I  think  our  fishermen  will  receive  more  damage  tban I 
benefit  is  on  account  of  the  export  trade.    We  are  going  to  sell  all  thej 
fish  that  are  exported,  and  we  have  a  very  considerable  trade  in  pro-l 
vincial  fish  with  Dayti.    Within  the  last  three  days  I  have  sold  3,0001 
quintals  of  codfish  in  bond  to  be  landed  here  to  be  packed  iuUoval 
Scotia.    That  is  a  distinct  injury  to  the  interests  of  American  labor,  to  dol 
the  packing  of  goods  and  to  furnish  the  casks  out  of  the  country.  Tbatl 
falls  partioularJy  upon  the  Maine  fishermen  rather  than  the  Massacbu-j 
setts.    Massachusetts  cod-fishermen  pickle  the  codfish.    That  swellsj 
them  up  and  inakes  them  look  white,  and  they  sell  some  salt  and  water! 
with  them  when  they  are  sold.    The  Maine  fishermen  dry  their  codfishj 
very  largely,  and  in  previous  years  they  have  relied  largely  upon  tbis! 
export  trade,  and  have  sold  a  large  part  of  their  codfish  to  be  exportedj^ 
We  are  now  competing  with  them.    My  firm  has  been  working  uptbafc 
business,  and  we  are  selling  very  large  quantities.    Mr.  Nickerson,oD 
Booth  Bay,  a  member  of  one  of  the  largest  fishing  firms  in  Maine,  toby 
me  three  days  ago  that  he  thought  the  effect  of  having  a  duty  on  lisW 
would  cause  him  a  loss  this  year  of  $5,000.    He  realizes  the  fact  tbat  \\\ 
is  going  to  hurt  him  very  seriously  in  his  sales  of  codfish. 

Senator  Edmunds.  Just  explain  how  that  is. 

CANADIAN  COMPETITION  IN  LABOR  AND  MATERIALS. 

The  Witness.  They  can  do  th  e  packing  a  little  cheaper  down  tberq 
in  Nova  Scotia ;  they  get  their  casks  cheaper  and  their  labor  cbeaperj 
On  codfish  it  is  a  very  close  thing,  and  a  matter  of  10  to  12J  cents r" 
quintal  wjU  result  in  turning  the  scale. 


1 


AMEHICAN  FISHERY  INTEHESTS. 


(k;:) 


Q.  If  tbcro  were  no  duty,  and  if  packing  can  be  done  cheaper  there, 
fhy  would  they  not  do  it  still  t — A.  Because  the  cnstomers  here  don't 
tketobuy  Nova  Sc^ytia  packing;  they  prefer  to  do  the  packing  them- 
selves, and  then  they  know  what  they  are  packing.  They  fear  that  if 
they  tnist  it  to  somebody  else  some  inferior  flsh  may  bo  put  in. 

Senator  Edmunds.  Taking  the  case  you  have  stated,  I  do  not  see — 
probably  it  is  because  I  do  not  understand  the  business — if  you  ca>i  find 
amarket  for  your  flsh  in  Hayti,  and  if  it  is  cheaper  to  pack. them  in  the 
British  Provinces  than  to  pack  them  here,  irrespective  of  the  question 
of  duty,  why  the  temptation  of  the  man  who  wanted  to  make  the  most 
money  out  of  it  would  not  be  exactly  the  same. 

The  Witness.  It  is  just  as  I  tell  you.  They  prefer  to  do  their  own 
packing.  It  has  been  a  very  difficult  matter  within  the  past  year  to 
get  thein  to  buy  these  Nova  Scotia  flsh  in  bond,  but  we  have  now  suc- 
ceeded aud  v,ve  now  selling  them  very  large  quantities.  It  may  work 
tliat  way  again,  supposing  the  duty  should  bo  taken  off.  But  in  the 
past,  before  the  duty  was  imposed,  the  Maine  aud  Nova  Scotia  fisher- 
men were  exactly  on  a  par  in  regard  to  the  sales  of  flsh  in  this  market. 

HAYTIAN  DUTY  ON  FISH. 

By  Senator  Frye  : 

Q.  Is  there  any  duty  on  flsh  in  Hayti  t— A.  Oh,  yes. 

Q.  How  much? — A.  I  don't  know  what  the  duty  is;  it  is  quite 
large. 

Senator  Edmunds.  Their  duty  is  the  same,  whether  the  flsh  come  from 
i  Xova  Scotia  or  from  Boston  T 

The  Witness.  Yes;  it  makes  no  difierence.  The  duty  this  year  has 
I  bad  a  distinct  effect  in  raising  the  prices,  because  the  catch  has  been 
|«gbt. 

IMPOETED  AND  DOMESTIC  HERRING. 

We  are  obliged  to  get  the  most  of  our  herring  from  the  Provinces, 

[because  we  don't  seem  to  get  a  supply.    I  have  compiled  some  figures 

forfive  years,  and  I  find  that  the  only  year  in  which  the  receipts  of 

domestic  herring  in  this  port  were  anything  like  those  from  Canada  was 

in  1880,  when  we  had  26,492  barrels  from  domestic  ports  against  29,000 

I  from  Canadian  ports. 

The  next  year  is  1881.  In  that  year  the  American  flsheries  only  pro- 
|(lnced  12,000  barrels  against  44,000  in  Canada. 

In  1882  there  were  10,500  barrels  from  domestic  ports  against  41,900 
I  from  Canada. 

Eighteen  hundred  and  eighty-three  furnished  9,121  barrels  from 
lAmerican  ports  against  84,650  Canadian. 

I  In  1884  the  domestic  receipts  were  7,885  barrels  against  65,000  from 
I  Canadian  sources. 

Senator  Edmunds.  When  you  say  that  this  year  the  duty  has  had  "  a 
Iflistinct effect" — I  believe  that  was  your  phrase — in  raising  prices  upon 
jherring,  you  mean  that  the  American  fish  product  find  fish  catch  made 
jtte market  price? 

The  Witness.  No,  not  on  herring  at  all.  We  only  catch  the  cheaper 
jNcs  of  herring  on  our  shrfres.    All  our  best  herring  must  be  ira- 

wed  from  the  Provinces.  We  have  no  other  sources  of  supply.  Last 
fear,  as  I  told  you,  there  was  no  supply.  This  year  they  have  got  a 
werate  catch.  l  ^  ^ 


^^■Miv 


fi(^f^ 


AMERICAN  FISnKRY   INTERESTS. 


EFFECT   OF  DUTY  ON  PBIOEB.  '    « 

When  we  want  to  buy  any  goods  wo  have  got  to  give  the  prices  tbat 
tbey  name  there,  and  then  a<ld  the  freight,  duties,  and  otijcr  expenses- 
then  they  Bay  to  us,  "If  you  want  (Isli  at  that  price,  you  can  have  them-'' 
otherwise  tlicy  won't  ship. 

By  Senator  Edmunds  : 

Q.  So  in  that  case  you  thiulc  that  the  duty  is  paid  either  by  tlio  wbole- 
sale  dealer  hero,  or  by  the  retail  dealer,  or  by  the  consumer,  or  by  all 
of  them  together,  as  the  case  may  be  f — A.  Yes. 

Q.  Do  you  know  what  cft'cct  the  wholesale  price  has  had  this  year 
upon  the  retail  price  t — A.  No,  I  don't  know.    It  must  be  higlicr. 

nERRINO. 

In  New  England,  as  I  understand,  the  herring  are  only  caton  by  the 
Irish  poprJatiou ;  I  don't  think  anybody  else  eats  them.  They  are  in 
the  habit  of  buying  herring  by  the  barrel,  I  fancy.  The  very  small 
shopkeepers  buy  a  single  barrel  of  l^erring  an<l  peddle  thorn  out  by  the 
piece. 

Q.  So  you  do  not  know  whether  the  peddling  out  to  separate  families 
of  hj'lf  a  dozen  a  day  has  raised  the  price  or  not? — A.  No.  Idou't 
come  in  contact  with  those  people  at  all.  Tlie  wholesale  dealers  aud 
jobbers  in  Boston  could  probably  give  you  information,  because  tliev 
are  in  communication  with  these  people  who  make  these  sales,  but  i 
don't  sell  in  that  way.    I  sell  to  the  wholcsaL'  dealer. 

Q.  You  sell  to  the  jobber? — A.  I  sell  to  the  jobber.  I  do  not  come  in 
contact  with  these  people,  and  do  not  know  anything  about  it. 

Q.  You  think  that  the  retail  prices  are  higher  ? — A.  I  think  the  retail  1 
prices  must  be  higher ;  herring  are  now  selling  at  $0.50  that  were  selliDg 
at  this  time  last  year  at  $4.50,  an  .advance  of  about  GO  per  cent.  Sol] 
think  the  retail  price  must  be  higher. 

Q.  The  retail  dealer,  however,  who  sold  out  hid  supplies  iu  very  small  j 
lots  to  families  and  was  making  150  per  cent,  profit,  might  make  profit! 
enough  on  the  whole  business  by  not  raising  his  prices,  followiug  the } 
wholesale  prices,  and  consequently  having  more  sales'? — A.  rossibiy, 

Q.  How  that  is  you  do  not  know  as  a  fact? — A.  All  I  know  is  that! 
the  jobbers  tell  me  that  it  is  difficult  to  sell  the  fish  at  the  high  prices;! 
that  it  diminishes  the  consumption ;  that  i^eople  cannot  attord  to  pavj 
those  high  prices.  The  Southern  trade  would  certainly  bo  very  muchj 
affected.  There  is  a  cheap  grade  of  herring  that  is  used  in  the  South.! 
Herring  worth  last  year  $1.40  per  barrel  in  Halifax  would  cost  here  abont j 
$2.75.  We  could  not  sell  those ;  they  would  not  take  them  oii"  ourTiands  J 
and  the  Southern  people  must  have  eaten  something  else.  This  yea^ 
we  know  that  they  are  beginning  to  want  them.  Herring  are  a  littW 
higher  in  Halifax.  When  business  is  generally  good  these  flsb  coma 
here  and  pay  duties,  and  a  profit  is  made.  More  than  half  the  fishwjj 
import  are  of  kinds  that  we  do  not  get  on  our  shores. 

'  ■  ■  CODFISH. 

In  the  pickle-cured  codfish  Massachusetts  has  no  competition  witl 
the  Provinces  at  all.  Their  fish  arc  nearly  all  dried,  and  of  those  driej 
fish  we  {ire  selling  this  year  the  larger  part  in  bond.  No  Bank  fish  f" 
coming  here  duty  paid. 


AMKUICAN    riHHEUY   INTEltESTS. 


no? 


Q.  Tlio  pickle-curcil  aro  all  dried  before  tlioy  are  sont  to  tbis  country, 
jretlioy  not?— A.  Tbcy  aro  dried  a  little,  not  niucb. 

Q.  Tbey  nro  driod  enough  to  pack  in  bales? — A.  Oil,  yes;  they  put 
tk'in  ill  l'o>;<'S'  They  are  the  Ush  that  a  {jreat  many  people  like  because 
ttipy  look  w  liitc.  They  are  really  not  so  good  a  iish  to  those  people 
kIui  really  know  what  a  good  codfish  is.  There  is  a  market  for  all  wo 
fiiiiliiin},'  into  this  country  of  the  best  class  of  llsh  from  the  Jlritish 
Pioviiiics,  ."cud  no  matter  how  low  the  prices  of  other  fish  may  go,  those 
I  lifnt  class  of  fish  will  always  bring  a  good  price.  The  best  grocers  in 
I  the  city  want  those  fish,  and  will  pay  for  them,  and  will  have  them; 
and  it  there  is  a  duty  on  them  we  have  to  make  a  larger  price. 

MACKEREL. 

So  with  large  mackerel.    My  firm  has  sold  a  gro.at  deal  of  mackerel 

I  toGloncestor  and  Portland,  and  oven  to  Provincetown.    Only  the  other 

ilay  1  sold  $1,000  worth  of  mackerel  to  go  to  Provincetown.    We  have 

always  liatl  a  largo  trade  with  Gloucester.     They  would  not  come  to 

[Boston  to  buy  fish  and  take  them  down  tlicre,  paying  freight  on  them, 

ifthey  could  get  such  mackerel  from  their  own  vessels. 

Q.  What  aro  those  mackerel  ? — A.  Larger  mackerel.  The  mackerel 
n  our  sliorcs  have  run  small  of  late  years. 

Q.  What  grade?— A.  They  are  No.  I's  or  largo  3's. 

Q.  Take  tliat  $1,000  worth  you  sold  lately  to  Provincetown ;  what 
I  grade  were  those? — A.  Those  were  fat  mackerel,  mostly  I's  and  2'8, 
Isomers. 

Q.  What  did  you  get  for  them  ? — A.  Wo  sold  one  lot,  uncullcd,  at 
||1U,50. 

Q.  Yoiulo  not  speak  of  uncuUed  mackerel  Jis  largo  mackiiel? — A. 
jlhey  are  large  and  medium,  not  inspected — mackerel  just  as  they  wore 
[canght,  largo  and  small,  the  larger  part  of  thorn  being  medium  size.    I 

old  some  to  Provincetown  for  $15  a  barrel. 

Q,  Were  those  sold  for  consumption  ? — A.  Yes. 

Q.  For  the  homo  trade  ? — A.  Yes,  for  the  homo  trade.  The  Provinoe- 
Itown party  wo  sold  to  is  an  owner  of  fishing  vessels;  ho  had  no  luck, 
land  some  one  of  his  partners  has  been  scouring  tho  coast  of  N'^'  "* 
IScotia. 


BOSTON  TRADE   WITH  PROVINCETOWN  AND   GLOUCESTER. 

Q.  As  I  understand  it,  that  Provincetown  sale  was  for  consumption 
jat  Provincetown  and  along  the  Cape,  and  tho  party  who  bought  from 
|vou  wanted  to  fill  an  order  ?— A.  lie  w  anted  to  pack  them  and  sell  them 
owkrever  his  orders  may  have  como  from. 

Q.  Is  not  the  same  true  as  to  Gloucester? — A.  Certainly.  This  is 
H  a  question  of  this  year,  because  they  have  been  doing  it  for  the  last 
pytars.  But  I  meau  to  say  that  when  they  come  to  Boston  to  buy 
mn  Scotia  fish  it  shows  that  tho  American  fishing  vessels  don't  catch 
I'l  tlie  fish  required  for  the  trade  of  tho  country,  not  oven  mackerel. 
I  Q-  Or  else  it  shows  that  those  dealers  at  Gloucester  and  Province* 
pu  want  to  fill  orders,  and  not  having  the  fish  for  that  purpose,  tho> 
pud  to  where  they  can  find  them  ?— A.  Exactly ;  that  is  all  I  sai\  It 
pws  that  they  do  not  catch  them.  If  their  own  vessels  caught  them, 
Fdthey  could  get  them  from  their  own  vessels,  fchey  would  not  come 
•oljoston  to  buy  them. 

Q.  If  they  had  them  at  the  particular  time  when  they  had  an  im-" 

wtant  order?— A.  This  is  lasting  right  straight  through  the  season, 


1  ■". 


GG8 


AMERICAN  FISHERY  INTERESTS. 


We  have  bad  large  customers  in  Gloucester,  own*  rs  of  fisLinpf  vessels 
who  have  been  customers  during  the  year  and  at  all  seasouaorthe 
year. 

Q.  A  steady  trade? — A.  Yes. 

Q.  Who  are  these  gentlemen  of  Gloucester  ? — A.  The  largest  firm 
and  the  one  we  fc-ell  the  most  to  is  the  firm  of  George  Perkius  &  Son?- 
and  we  have  sold  John  Pew  &  Won  some  mackerel,  but  not  very  receut- 
ly;  I  don't  think  we  have  sold  them  anything  this  year;  1  beliove  tlicv 
are  the  largest  vessel-owners  in  Gloucester;  they  certainly  claim  to  bo 
the  largest  tish  dealers  in  the  country  ;  I  don't  know  that  they  are,  and 
I  don't  think  they  are  quite  so  large  as  one  or  two  Boston  concenia,  l)ut 
that  is  the  claim  they  make.  Those  two  concerns  buy  the  largest  qiiari 
tity  of  mackerel  in  this  country.  John  Pew  &  Son  are  commission 
merchants. 

:  ,         '    .;■   ■    ■    ..:.,■■.       DUTY.  '■■  ■:    h,''/':  -        ■■    ',:-:, 

Q.  Suppose  the  duty  that  now  exists  had  been  taken  off  on  the  first 
of  July  last  past,  would  you  have  sold  these  lish  to  those  Gloucester 
people  for  any  less  ? — A.  I  i)resume  I  shouh^ ;  yes,  I  think  so. 

Q.  You  would  have  been  willing  to  break  the  market,  take  a  less 
price,  and  make  less  proiit  ? — A.  1  think  the  mackerel  from  Nova  Scotia 
would  have  come  here  at  an  oarlier  period.  The  duty  prevented  tjcui 
from  sending  the  mackerel  hero  in  the  early  part  of  the  season,  but  if 
the  duty  had  been  taken  off  that  would  have  brought  them  here  earlier, 
and  they  would  have  sold  at  lower  rates.  They  sold  them  tbcro  be- 
cause they  thought  there  was  no  chance  to  do  better.  If  there  bad  been 
no  duty  we  could  have  had  tho  usual  supply  earlier  in  the  serson,  but 
they  could  not  afford  to  pay  the  $2  duty,  and  so  they  did  not  scad  tlieir 
fish  here.  If  they  had  been  sent  here  our  dealers  would  have  all  got 
them  at  the  lower  prices,  and  consequently  could  have  afforded  to  sell 
them  at  lower  prices,  and  the  consumCiS  could  have  had  them  at  lower 
prices. 

Q.  When  the  prices  rose  sufQciently  to  enable  the  Province  nconle  to 
afford  to  pay  the  duty,  then  they  aent  them  here? — A.  Yes. 

:■'''-  NATIONALITY  OF  THE  FISHERMEN.  - 

Q.  Now  state  anything  else  that  you  want  to. — A.  I  don't  know  tbat ; 
there  is  anything  else  that  I  have  in  mind  to  say,  unless  it  is  on  tlie ; 
question  of  the  nationality  of  the  fishermen. 

y.  Vessel  owners  and  officers,  of  course,  are  all  Americans!— A.  A 
good  many  of  the  captains  are  Americans,  as  a  matter  of  form,  but  | 
they  reside  in  Nova  Scotia. 

Q.  But  they  are  American  citizens  ? — A.  They  are  American  citizens; , 
they  have  been  naturalized  as  a  matter  of  form,  but  a  great  many  of  j 
there  go  home  when  the  fishing  season  is  over  and  live  in  Tfova  Scotia  r 
1  Buppose  75  per  ccpt.  of  the  crews  of  American  vessels  are  not  natives 
of  the  United  States.    The  two  counties  of  In^  eruess  and  Cape  Breton, 
in  the  island  of  Capo  Breton,  and  Shelburne  and  Yaruioutb,in  Nova 
Scotia,  furnish  about  five  thousand  men  to  our  deet.    As  to  what  other 
localities  furnish  I  do  not  know.    The  cry  was  made  last  yeartbattliej 
fisheries  were  a  training-school  for  the  Navy,  but  that  was  so  absurd  j 
that  I  ^liought  it  worth  while  to  mention  it. 

COMPENSATION  OF  FISHERMEN. 

Q.  How  much,  if  you  knew,  do  these  fishermen  of  tlio  rrovinefS|| 
fishing  in  British  vessels,  make  in  u  season  1   I  mean  tlie  crew.— A.  Tliej 


AMERICAN   FISHERY   INTERESTS. 


nno 


crews  of  mackerelmen  go  on  t-hares.  The  cod-flsliing  crews  are  paid 
aU)ut  $!-•'>•  Tliore  is  anotlior  point :  Tlie  claim  is  being  made  that 
tijisis  in  tlio  interest  of"  American  fishermen.  Dining  the  time  of  free 
ipule,  before  duty  was  put  on,  tlio  fishermen  were  paid  from  $225  to 
^LMii  for  a  season,  but  that  has  been  cut  down  to  about  $125 ;  it  has 
cer'aiii'-y  been  cut  down  40  i)er  cent.  Tliuu  was  justified  by  the  condi- 
tion of  the  business.  Trade  vvas  languishing,  and  fish  wore  bringing 
low  prices,  and  they  had  to  cut  down  rhoir  prices.  So  this  shows 
ffbether  or  not  it  was  in  the  interest  of  the  fishermen  to  have  the  duty 

put  CD. 

Q,  You  Ijnow  a  good  deal  about  this  Nova  Scotia  business  and  the 

prices  paid  to  the  crews  of  British  fi^hermei:.    Do  you  know  in  what 

form  tlieir  wages  are  paid,  whether  they  are  paid  in  cash  when  they  ar- 

iriveiu  tie  ports  of  Shediao,  Charlottetown,  Halifax,  or  wherever;  or 

I  Joes  the  fisherman  have  a  running  account  with  the  fitting-out  man, 

audbavc  poods  charged  against  him  /or  the  use  of  his  family  and  him- 

,  and  tiicn  settle  at  some  time  or  other  ? — A.  I  suppose  he  has  an 

account  in  some  cases ;  it  may  be  one  way  or  the  other. 

Q.  Have  you  any  knowledge  about  that? — A.  No;  I  haven't  any  spe- 
I  cial  knowledge. 

Q.  The  British  mackerel  crews,  if  I  '^ndersi^and  you,  go  on  shares  I— 
I  A.  Yos,  auu  their  cod-fishing  crews,  too. 

Q.  I  thought  you  said  the  cod-fishing  crews  were  paid  in  cash  If — A. 
I  111  the  United  States. 

Q.  I  am  talking  about  the  Provinces. — A.  In  the  Provinces  very  few 
I  of  tbciJ,  80  far  as  I  am  aware,  are  paid  wages. 

Q.  When  you  were  speaking  of  codfish  just  now,  did  you  mean  Amer- 
iican!— A.  I  meant  American ;  1  meant  the  American  vessel-owners  had 
I  reduced  the  comp'^nsation  40  per  cent. 

Q.  Then  what  you  said  about  it  being  reduced  firom  $225  to  $125  ap- 
plied to  American  vessels? — A.  Yes,  sir;  that  is  about  what  they  have 
I  been  paid,  so  I  have  been  told. 

Q.  Now  I  understand  you  to  mean  that  all  the  provincial  fishermen 
go ou  shares?— A.  Almost  entirely. 

Q.  Substantially  ? — A.  Substantially.    .  ■ 

PIVISION  OF  PROFITS.  ,      ...    • 

Q.  Leaving  out  the  oflicers  now,  what  share  do  the  crews  get  ? — A. 
I  The  usual  division  is  40  per  cent,  for  the  vessel  and  40  per  cent,  for  the 

I  crew. 

Q.  Then  what  becomes  of  the  otaer  20  per  cent.  ? — A.  The  20  per  cent. 
lisexpenses  of  fitting. 

Q.  How  is  that  40  per  cent,  for  the  crow  divided  between  captain  and 
I  mate,  if  there  is  a  mate,  and  the  regular  fishing  hands? — A.  I  don't 
Ibow.  J  don't  think  there  iu  any  universal  rule  about  it.  1  think  some 
raptains  who  aro  better  fishermen  than  others — and  there  is  a  vast  dif- 
feionce  between  them,  you  know— get  better  pay. 
I  Q.  That  is  according  as  they  can  make  the  lay  ? — A.  Yes;  that  is  the 
I  Bsual  and  ordinary  division. 

KEPOETS  SUBMITTED.  ^ 

I  Q'  You  had  some  reports  you  wanted  to  submit,  did  you  not  say  f — 
jM  will  leave  them  with  you  if  you  wouiu  like  them. 
^.  Wuat  reports  aie  they?—  -*»..  They  are  reports  of  our  fish  bureau, 


5  (  Iff  8  111 


-I 
,1 


a 


mm 


G70  AMERICAN   FISHERY   INTERESTS. 

>  INCEEASE  AND  DECREASE  OF  CANADIAN  FISHERIES. 

By  Senator  Satjlsbuey  : 

Q.  You  are  engaged  in  the  fish  business  with  the  Provinces.  I  would] 
like  to  ask  you  whether  there  has  been,  within  your  knowledge  any 
very  large  increase  in  the  Canadian  fishing  fleet  for  the  last  few  years'f  I 
— A.  I  tried  to  get  statistics  on  that  last  year  from  the  inspector-gen- 1 
eral  of  fisheries  for  the  Provinces;  I  have  forgotten  his  name.  He  (li(i| 
not  have  any  very  complete  record.  Their  fleet  increased  considerablyj 
about  the  beginning  of  the  treaty  of  Washington,  but  last  yearithatj! 
fallen  off  considerably  since  1879;  1879  was  the  highest  point  itreacLed  I 
and  it  is  considerably  smaller  to-day  than  it  was.  From  1879  to  1883  it] 
increased,  and  fji  ice  that  time  it  has  fallen  oft".  But  they  had  not  {jot  it] 
figured  ui)  in  the  Dominion  of  Canada,  an<I  did  not  seem  to  have  full  andl 
complete  particulars.  So  far  as  he  did  give  nie  information,  however  ij 
should  say  that  it  increased  for  a  time  and  then  decreased.  ' 

Q.  Do  you  know  whether  the  cause  of  that  decrea&e  was  by  reason! 
of  their  sales  of  fishing  vessels  to  French  fishermen,  or  whether  it  wasl 
on  account  of '  ny  falling  off  in  their  busiuecs?  Do  you  know  wbetiierj 
they  have  made  any  large  sales? — A.  I  don't  know  whether  they  bavel 
made  any  large  ones  or  not.  I  have  known  of  instances  of  vessels  being 
sold  to  the  French,  because  I  have  had  drafts  sometimes  on  that  ac-i 
count,  but  I  haven't  particular  knowledge  as  to  the  number.  Tber/ 
are  very  few  Nova  Scotia  vessels  now  engaged  in  mackerel  fl 
that  has  fallen  off  very  much ;  they  used  to  send  a  great  many  vessel* 
into  the  Bay.  They  now  catch  them  with  hooks,  nets,  and  traps  froir 
the  shore.  Their  mackerel  fleet  has  fallen  to  almost  nothing.  I  don't 
believe  that  there  are  twenty-five  mackerel  sailers  in  Nova  Scotia  to 
day,  when  they  used  to  have  quite  a  considerable  fleet. 

,  ■ :   , ,;;     ;  ,    ,  ;  packing  in  bond. 

Q.  If  I  understand  you  aright,  you  attribute  the  fact  that  you  mad 
sales  of  fish  in  bond  here,  which  are  packed  in  Nova  Scotia,  to  tli^ 
tariff'  that  is  imposed  upon  the  fish? — A.  Certainly. 

Q.  You  think  that  the  present  tariff"  on  fish  has  had  the  effect  to  prej 
vent  the  shipment  offish  here  for  the  puri)ose8  of  packing?— A.  Yesj 
The  Treasury  laws  do  not  allow  packing  in  bond.    That  is  a  strict  conJ 
struction  of  the  law,  made  by  the  present  Secretary.    Formerly,  wbeij 
the  duty  was  on,  and  at  the  time  wheu  Judge  Kussell  was  collectors 
Boston,  he  took  the  responsibility  of  allowing  fish  to  be  packed  iu  bond 
The  law  says  that  neither  fish  nor  anything  shall  be  repacked  exeepi 
for  the  purpose  of  immediate  preservation.    1  hold  that  it  was  fortlif 
purpose  of  immediate  preservation,  inasmuch  as  the  fish  could  uot  1 
shipped  to  the  West  Indies  iu  bulk.    But  the  Treasury  construction c 
the  law  is  different. 

By  Senator  Fbye  : 
Q.  That  is  a  new  construction  ? — A.  Yes.  Their  con structiou  of  "iiq 
mediate  preservation"  means  that  the  fish  would  spoil  unless  packa 
We  could  not  say  that.  We  simply  say  they  could  uot  be  shipped ' 
the  West  Indies  in  bulk.  Being  shut  out  from  that,  by  that  rulin?,' 
are  now  having  fish  packed  in  Nova  Scotia  and  delivered  here  in  bonj 
in  casks. 

By  Senator  Saulsbuey: 
Q.  If  I  understood  you  aright,  the  result  of  that  is  that  it  deprivi 
American  labor  of  what  it  ought  to  have?— A.  Yes;  it  deprives  cool 


AMERICAN   PISUEUY   INTERESTS. 


G71 


ers  cask-makers,  packers,  and  men  employed  in  packing  flsU  of  the 
1'!jt  they  ought  to  have. 

Q.  If  you  can  form  any  idea  I  would  like  you  to  state  what  amount 
of  labor  is  *hu8  taken  away,  by  the  operation  of  this  construction  of  the 
law,  from  these  coopers,  packers,  and  other  laborers  you  mention. — 
A.  That  I  do  not  know.  The  fishing  business  is  not  a  very  largo  busi- 
ness compared  with  many  other  kinds  of  trade.  The  whole  of  the  lish 
business  of  Boston  is  perluipa  not  more  than  that  of  one  wool  house. 
It  is  a  small  business  in  itself,  but  then,  so  far  as  it  goes,  this  rnling 
does  deprive  these  men,  who  have  been  engaged  in  packing,  of  their 
labor. 

EFFECT   OF  INCREASE  OF  TARIFF. 

Q.  What  would  be  the  effect  upon  the  fish  business  of  an  iuciease  in 
the  tariff  ? — A.  It  would  make  it  easier  to  sell  in  bond.  As  far  as  the 
export  trade  is  concerned,  the  highci-  you  put  the  duty  the  easier  it  is 
to  advance  the  price  in  bond  and  the  more  facilities  you  have  for  un- 
derselling American  fishermen.  For  instance,  the  duty  being  now  50 
cents,  we  can  sell  codfish  packed  at  about  the  price  in  bond  that  they 
would  get  duty  paid.  If  the  duty  was  $L  wo  could  sell  them  50  cents 
per  quintal  cheaper  than  they  could  produce  them  duty  paid. 

FISn    EXPORl'ATIONS. 

Q.  About  what  i)ercentage  of  your  sales  of  fish  is  to  the  West  In- 
dies and  other  points  in  the  foreign  trade  ? — A.  We  have  no  foreign 
trade  ourselves,  but  we  sell  to  exporters.  I  have  never  made  any  esti- 
mate of  the  amount  of  fish  exported,  and  do  not  know  what  it  is. 

Q.  You  do  not  export,  yourselves  ? — A.  Very  rarely.  We  have  not 
done  so  for  several  years.  AVe  sell  to  e^iporters.  There  are  certain 
houses  in  Boston  and  New  York  that  have  this  business  with  Hayti. 
That  is  the  only  West  India  trade  wo  have  here.  Tlie  Hayti  trade  is 
the  main  foreign  trade,  and  there  is  considerable  of  that  in  Boston  and 
New  York. 

By  Senator  Frye  : 

Q.  To  what  countries  do  we  export  fish  ? — A.  I  say  to  Hayti. 

Q.  Do  we  not  send  some  to  France  If — A.  No. 

Q.  Do  we  not  to  Canada  ? — A.  We  did  export  some  to  Canada  be- 
fore the  duty  was  put  on. 

Q.  Do  you  know  of  any  country  to  which  we  export  fish  where  fish 
are  free?— A.  No.  As  I  say,  our  export  is  mainly  to  Hayti. 


BOSTON  FISH  BUREAU. 

Q.  I  want  to  ask  you  a  few  questions  i.bout  the  fish  bureau ;  1  think 
Mr.  Edmunds  did  not  ask  you  about  that.    What  is  that  institution  1— 

I  A.  It  is  a  trade  organization.    I  do  not  belong  to  it  at  present,  but  did 

U'styear.  I  went  out  of  it  thinking  I  was  going  to  change  my  busi- 
MSR.   It  is  an  organization  composed  of  fish  dealers  "ud  commission 

j  merchants.    Anybody  that  is  interested  in  the  fish  trade  can  become  a 

I  member. 

Q.  Then  it  is  not  limited  to  commission  merchants  ? — A.  Tho  major- 

|ity  of  them  are  dealers ;  the  commission  merchants  ar{.  in  the  minority. 

I  Q.  It  is  a  general  association  f — A.  A  general  association  of  the 

trade,  comprising  most  of  tlio  principal  dealers  and  commission  mer- 

iMants;  some  have  belonged  to  it  at  one  time  and  at  another. 


672 


AMERICAN   FISHERY   INTERESTS. 


out 


Q.  Mr.  EicU  doos  liot  beloujj  it  1 — A.  Not  at  present ;  he  went 
some  two  or  three  years  ago,  I  think. 

Q.  No  fishermen  belong  to  it,  I  suppose? — A.  No.  At  one  time  a  lew 
years  ago,  it  was  more  general,  and  we  had  mewbers  in  Wellfleet  and 
JProvincetown.  Then  this  Gloucester  bureau  was  gotten  up,  and  those 
men  wanted  to  go  into  that,  and  we  concluded  to  keep  ours  separato 
from  the  Gloucester  bureau ;  but  for  a  few  years  anybody  could  come 
in  who  was  interested  in  the  fish  business. 

COMMISSION  MERCHANTS. 

Q.  With  whom  is  the  bulk  of  the  commission  merchants'  trade  con  I 
ducted  ?  For  whom  do  they  sell  ? — A.  Some  of  us  almost  entirely  for  j 
I)rovincial  shippers ;  others  more  largely  for  American  imippers.         j 

Q.  Take  the  commission  merchants  altogether,  and  is  not  the  bulk  of] 
the  trade  with  the  Provinces  ? — A.  I  cannot  say  exactly.    The  domes 
tic  trade  of  commission  merchants  was  increasing  until  within  a  few  j 
years,  and  the  fishermen  had  to  go  to  market  and  sell  their  own  fish, 
but  they  are  giving  it  more  and  more  to  the  commission  merchants  I 
here. 

Q.  Are  not  a  good  many  of  your  commission  fish  merchants  Cana  | 
dians  ? — A.  No,  sir. 

Q.  Are  some  of  them  ? — A.  One  or  two  very  small  dealers  who  do  j 
not  amount  to  anything. 

'  LETTER  IN  THE  BOSTON  HERALD. 

Q.  Who  was  that  gentleman  whose  letter  appeared  in  the  Boston  j 
Herald  after  your  visit  to  Washington,  in  which  he  gave  instruction  to 
the  members  down  there  in  the  Provinces  as  to  what  they  ought  to] 
do? — A.  That  was  a  private  letter. 

Q.  It  was  published  in  the  Boston  Herald. — A.  It  was  a  private  let- 
ter, and  its  publication  was  a  great  breach  of  confidence. 

Q.  Then  you  would  not  like  to  say  who  wrote  it? — A.  I  would  not;  I| 
do  not  think  there  is  any  occasion  to  do  so. 

Senator  Frye.  I  do  not  require  it.  I  thought  I  would  like  to  know,] 
as  a  matter  of  curiosity. 


TESTIMONY  OF  EDWARD  T.  RUSSELL. 


Boston,  Mass.,  Odoher  3, 1886, 

EDWARD  T.  KCrSSELL  sworn  and  examined. 
By  Senator  Frye  : 
'  Question.  You  reside  in  Boston  ?— Answer.  Yes,  sir. 

Q.  What  is  your  business  ?— A.  General  produce  and  fish  commis 
sion  merchant.  •   . 

Q.  Are  you  a  member  of  the  bureau  ? — A.  Yes. 

Q.  How  long  have  you  been  a  member? — A.  Since  its  organization. 

Q.  How  long  have  you  been  a  fish  commission  merchant?— A.  Forty] 
years  nearly. 

free  fish. 

Q.  With  whom  is  the  bulk  of  your  business  conducted?— A.  It  isl 
about  equally  divided  between  the  Provinces  and  the  domestic  ports  of] 
Mt^ss^chusotts  and  Maine, 


AMERICAN    FISHERY    INTIiRESTS, 


G73 


lio  went  out  ^M  Q.  rii^n^o  state  whatever  you  desire  to,  toucliiii}?  the  relatione  be- 
^^iweii  United  States  and  the  rroviiices   with  reference  to  the  liwh 
|l,„ji„eBg._A.  I  wonhl   like  very  much  to  see  fish  from  the  British 
jProviiices  come  in  free.    I  think,  from  the  experience  I  have  had  during 
!  existence  of  the  two  treaties,  that  the  general  business  has  been 
Ijood.    Tlio  prices  obtained  for  our  domestic  lish  have  been  good. 
Iwillipcrliaps  a  few  exceptional  years  the  lisli  business  has  been  i)ay- 
liD"  about  the  same  as  any  other  business.    That  continued  until  1883, 
lltliinkit  was,  when  there  was  a  culmination  of  very  high  prices,  par- 
Iticiilarly  on  codlish.    Then  came  a  rapid  decline,  just  as  there  wus  in 
leverytliin};  else.    Low  prices  have  not  been  contined  to  fish  by  any 
Imtaiis,  bnt  have  applied  as  well  to  sugar,  Hour,  grain,  iron,  and  every- 
Itliiii;;.   Trices  liave  been  phenomenally  low.      I  would  not  go  so  far  as  • 
Ito  state  tliiit  I  would  hold  out  very  strongly  for  lisli  to  be  absolutely 
Ifreo,  if  it  was  thought  that  our  lishermen  needed  protection,  but  1 
lliardly  think  they  do.    I  do  think,  however,  that  they  need  to  bo 
Inilieved  froju  taxation  on  articles  that  enter  into  the  construction  of 
Itlievcssols  and  many  other  things.    I  would  rather  go  back  to  what 
jtlicduty  was  before  we  ever  had  a  treatj^  and  then  it  was  15  per  cent. 
15  per  cent,  is  a  pretty  wide  nuirgin  for  competition  to  over- 


Iconie,  and  that  is  fair. 

Q.  That  was  on  all  lish  ? — A.  On  all  fish,  dried  fish  and  pickled  lish 
lol'all  kinds,  as  you  will  see  by  the  old  tariif  act.     That  act  did  not 
lit,  as  the  duty  does  now,  the  importation  of  low-price'l  fish. 
fllicreare  a  great  many  kinds  offish  we  cannot  produce,  and  1  cannot 
the  necessity  for  the  duty. 

'  nEBRiNG.       'v/':\'^  .■,"':•;,  ^.J-   :.  ■:  ; 

Q  Sucli  as  what  ?    Name  them. — A.  All  kinds  of  herring — not  all 

lliiids,  there  may  be  some  exceptions;  but  all  kinds  that  are  what  you  call 

Ifoodiish,  particularly  for  this  part  of  the  country.      You  can't  catch  a 

jfiit krring ou  the  coast  of  the  United  States;  that  is  my  experience; 

liit'verknew  of  one  or  heard  of  one.    The  herrings  they  are  catching 

jouoiir  shores  and  bringing  into  this  port  by  the  thousand  barrels  every 

[day  are  not  the  kinds  of  fish  i)eoplo  would  call  eatable;  they  do  eat 

lttinu,but  they  are  consumed  principally  among  the  manufacturing  poi)u- 

|atioii  tliat  want  something  cheap.    On  the  coast  of  Labrador  is  caught 

lie  finest  herring  in  North  American  Avaters.    Last  year  tliere  was  a 

[ray  largo  catch,  upwards  of  50,000  or  00,000  barrels,  of  which  I  sup- 

pe  uearly  25,000  barrels  came  into  the  port  of  Boston,  and  wo  sold 

psiug  13,000  barrels  of  them. 

Q.  At  what  prices? — A.  We  began  at  $1.75;  then  with  the  dei)res- 

ion  accomit  of  the  great  quantity  and  with  the  depression  of  every- 

|liii)g  else,  they  went  down  until  we  finally  sold  this  spring  at  $2.25, 

ich  brought  the  shipper  in  debt;  one  of  the  shippers  owes  me  to- 

pay.  This  j'car  there  is  no  catch,  that  is,  wo  have  heard  that  the  catch 

ptlie  Georges  did  not  exceed  {>,000  or  0,000  barrels.    I  sold  one  little 

7»rgo  this  week  at  $6  a  barrel.    There  is  a  certain  quality  they  will 

weiftheypay  $10. 

EFFECT  OF  DUTY. 

Q.  You  do  not  charge  that  at  all  to  theduty  ?-— A.  I  charge  it  to  the 
■^Kity  of  the  market.    Of  course,  the  duty  makes  my  business  harder 

'do,  but  there  is  a  certain  quantity  of  business  to  be  done  here,  and 
[ aiu  going  to  have  my  share  of  it. 
8.  Ex.  113 43 


674 


AMKUICAN    FlSllICItY    INTEUKSTS. 


SALMON. 

Wo  cau't  {;et  any  salmon  in  this  country,  unless  \v<_'  brine  tliea 
across  from  Oregon  or  San  Francisco. 

Q.  Do  wo  not  get  them  from  tho  Pacific  coast? — A.  Oh,  jes-  IsaJ 
wo  do.  Bnt  those  salmon  do  not  compete  with  tho  northern  Kalinoii 
They  are  used  for  almost  an  entirely  different  i)ur])ose,  that  is,  adillJ 
out  class  of  people  T)uy  them.  It  may  perhai^s  bo  a  iiiero  faiicv,  1in| 
tho  great  Itidk  of  northern  salmon  imported  here  are  sinokod.  Jtist 
little  peculiar  that  a  man  will  buy  a  whole  salmon  bfcauso  it  IwlJ 
better,  that  is,  a  salmon  that  has  a  head  and  tail  on,  before  lie  )vill 
salmon  that  comes  from  Iho  Pacific  coast  that  is  cut  in  pieces  mij 
pressed,  with  tho  head  and  tail  cut  off,  and  that  will  never  briii<;g^ 
good  a  price  although  it  is  just  as  good  to  eat.  There  arc  some  few  c:^ 
coptions,  but  that  is  tho  rule,  which,  in  fact,  is  getting  to  bo  ubsolute.| 

By  Senator  Saulsbury  :         •  r     '  -2        ; 

Q.  Uo  tho  Oregon  canned  salmon  come  into  this  market?— A,  01i,yejj 

very  largely.  .      ,   ,  . 

By  Senator  Fit  ye: 

Q.  ])o  you  deal  in  frozen  salmon  ? — A.  Wc<lo  to  a  limited  exteut,f(il 
some  peoi)lo  who  ship  them  to  us.  Wo  take  anything  that  comes  toiij 
from  tho  Provinces, 

EFFECT  OF  DUTY  ON  THE  CONSUMEll. 

Q.  What  is  your  idea  of  the  effect  of  the  duty  on  tho  prices  to  tit 
retailer  and  to  the  consumer? — A.  It  is  pretty  hard  for  me  to  aiiswd 
that  question ;  in  fact,  I  have  never  been  able  to  fully  make  up  iiij 
mind.  Sometimes  it  stands  out  very  evident  to  me  that  llic  consuiii| 
l)ays  it,  and  thou  again  it  looks  tlui  other  way.  I  don't  wanttoexpreaj 
any  b])inion  about  it.  On  general  principles  I  do  not  like  toseeliig 
duties.  Tho  duties  we  have  on  fish  were  imposed  at  tlie  bcgimiiiis;^ 
the  war,  and  they  are  too  high. 

Q.  Your  general  idea  is  that  duties  should  bo  low,  not  only  on  fis^ 
but  everything  else? — A.  Yes;  but  1  say  particularly  so  on  fisli 
think  the  duty  is  altogether  too  high;  1  thiidi  $3  a  barrel  is  tooiuiic| 

-■■■■'"■'  FREE  FISH. 

Q.  Tho  Canadians  desire  our  market,  of  course ;  that  is,  they  desire  I 
send  in  lisli  free.  What  do  you  think  they  have  in  Canada  tofjivfi 
as  an  equivalent;  I  moan  for  the  benefit  of  tho  fishermen 'J-.-A.  Itlii^ 
entire  freedom  of  fisheries.  Here  are  some  figures  that  arc  aiitbo^ 
tativo.  This  is  the  weekly  summary  of  the  fish  bureau,  somctliini-'i 
get  every  Friday.  It  shows  the  importations  for  tho  week,  ami, 
course,  tho  imi)ortations  up  to  thiu  date  for  the  seavson.  llerc  arc  t| 
figures  for  tho  New  England  catch  of  mackerel  to  date,  from  the  bc?i| 
ning  of  tho  season  up  to  yesterday. 

Q.  The  season  beginning  in  March?— A.  In  April.  Tho  catch  wj 
C2,1I1  barrels;  of  that  quantity  51,825  barrels  were  caught  lu  Kntij 
waters. 

TUREE-MILE  LIMIT. 

Q.  state  what  you  mean  by  "  British  waters."— A.  I  mean  in 
Bay  of  St.  Lawrence. 

Q.  Not  within  tho  three-mile  shore  lino  f— A.  Oh,  no.    I  call  it  Ainq 
cau  waters  from  Block  Island  to  tho  Bay  of  Fuudy.    The  fish  caught  j 


AMERICAN    FISIIEUY    INTERESTti. 


075 


lilc'd  extent, fu| 
hat  comes  tot 


tourslioro  we  call  shore  fish,  though  you  might  sjiy,  witli  the  same  pro- 

nriety,  "iish  caught  in  American  waters."    Of  course,  the  great  bulk  of 

these  tish  arc  caught  almost  in  sigiit  of  Priiuie  Edward's  Island. 

Q.  But  not  within  the  threo-milo  shore  line,  following  the  sinuosities 

I  of  the  sboro  I — A.  They  say  ii  great  many  of  them  do  go  within  the  lira- 

I  its, but  I  never  saw  it  done. 

I  Q.  Do  you  think  as  good  fish  are  caught  within  the  limits? — A.  About 

I  Prince  Edward's  Island  I  do  not  think  as  good  iish  are  caught  within 

I  the  limit,  following  the  coast  lino.    This  is  my  individual  pi>inion,  which 

1  have  formed  after  talking  with  people  down  there  and  with  tisherraeu. 

CANADIAN   IDEA  OF  RECIPKOCITY. 


Q.  I  will  ask  you  what  their  idea  was  as  to  wjiat  they  had  to  give  i 
n  return  for  free  fish  ? — A.  I  think  that  if  they  give  us  free  Iish,  lisL 


us 

I  we  liave  had  them  under  the  last  two  treaties,  and  also  the  privilege  of 
Handing  Iish  and  refitting,  IL  would  bo  an  immenso  benefit  to  our  fisher 

I  men. 
Q.  Simply  landing  and  refitting? — A.  llefltting  and  lauding  fish.    I 

I  am  speaking  ]>articularly  of  the  mackerel  fishermeu  landing  their  fish 
at  iiorts  like  Georgetown  or  Charlottetowu  and  letting  them  come  on  by 
steamer  to  Boston,  and  then  taking  their  salt  in  barrels  and  going  back 


I  agaui, 


THE  MOLLY  ADAMS. 


I  had  an  instance  that  came  to  my  knowledge  last  year.    The  captain 

I  of  the  Molly  Adams  is  a  famous  mackerel  fisherman.    Last  year  they 

had  tlic  privilege  from  the  Canadian  (jovernnient  of  landing  their  fish 

I  and  forwarding  them,  and  that  man  sent  to  Boston  I  think  some  1,500 

larrels  in  that  way,  and  then  finally  came  homo  with  his  last  fare.    This 

jyear  1  tliiiik  he  has  made  but  two  trips,  and  he  has  had  to  lug  his  trij)8 

lioine,  and  I  think  ho  might  have  done  just  as  well  this  year  if  ho  had 

I  that  privilege  that  he  had  last  year. 

Q.  The  season  has  not  been  so  good,  has  it? — A.  There  have  been  a 
[good  many  mackerel  caught  down  there;  I  think  you  will  find  when 
vessels  get  back  that  the  Prince  Edward's  Island  catch  will  be 
[double  the  quantity  caught  the  year  before. 

CANADIAN   PRIVILEaES. 

Q.  Then  there  is  the  privilege  of  tfansi)ortation  through  Canada  ? — 
I  A.  Yes,  and  of  getting  their  supplies,  their  barrels,  salt,  and  ice.    When 

you  come  to  the  question  of  bait  for  fishermen  frequenting  ports  in  Nova 

Scotia  and  Newfoundland,  I  am  not  so  familiar  with  it.  Quite  a  num- 
[ber  of  correspondents  of  mine  in  the  British  Provinces,  notablj^  in  Nova 

"  itia,  have  been  in  the  habit  of  supplying  American  fishermen.  In 
[fact,  one  man,  who  has  been  in  the  habit  of  coming  here  every  fall  with 

'  i  collection  of  fish  that  he  has  caught,  and  which  I  sell  for  him,  said 
[tome  last  fall,  "  Mr.  Russell,  what  am  t  going  to  do?  I  have  got  a  big 
[iteliouso  full  of  ice,  and  what  am  I  going  to  do  if  your  fishermen  can't 

tome  itt  and  get  it?"  I  said,  "You  will  manage  to  sell  it  some  way; 
[tkey  will  get  in." 

By  Senator  Saulsbury  : 

Q.  I  want  to  inquire  whether,  if  an  American  ship  had  the  privilege 

I  of  landing  her  fish  to  be  transported  by  railroad  through  Canada  to  the 

jijuited  States,  she  could  not  make  a  better  catch  in  a  whole  season  than 

sue  can  now,  when  she  has  to  bring  her  fish  home  herself? — A.  The 

jcliances  are  that  she  might  quadruple  her  catch.    A  vessel  can  run  iu 


(;7(; 


AMEUICAN    FISUEliY   1NTEUEST8. 


from  ibo  flsbiug  grouiula  into  Souria,  tho  nearest  harbor,  within  an i 
hour  ami  bo  alougsido  of  a  wbarf,  ami  in  three  hours  more  slio  can  land 
tho  faro  of  mackerel  she  may  have;  perhapa  it  is  300  or  400baiTels. 
Three  daya  afterwarda  those  lish  cau  be  on  tlie  pier  iu  Boston,  and  tliai 
vessel  may  not  have  been  in  harbor  over  three  or  four  hours.  1 

Q.  What  is  tho  locaUty  of  tho  fishing  ground  you  refer  to !— A.  Uiffhtl 
off  Princo  Edward's  Island,  tho  northeast  corner  of  it,  and  betwociij 
there  and  Cai)e  liretou.    The  fish  are  plenty  there ;  they  are  now  mov 
ing  that  way  at  this  season  of  tho  year,  and  nccording  to  reports  in  tbej 
last  week  they  have  been  very  plentiful. 

nOOK  AND  LINE  AND  SEINE. 

Q.  ilow  are  these  fiah  caught? — A.  By  seines.    Occasionally  .some  oil 
the  vessels  aro  fitted  out  this  year  with  hooks  and  linos. 

By  Senator  Frye  : 
Q.  What  proportion  of  your  business  la  with  Canada  1— A.  I  think  i^ 
ia  about  half. 


TABULA  U    STATEMENT    SHOWING    WEEKLY    SUMMABY    OF    KECElPTsI 

BY  BOSTON  DEALEKS. 

Q.  Do  you  ilesire  to  make  tho  report  to  which  you  have  rofcrred  lu 
your  testimony  a  part  of  your  statement? — A.  A  gentleman  (lanie  inta 
my  oilico  to-day  and  said  that  some  of  tho  members  of  the  cominitteq 
here  would  like  to  have  some  of  these  reports. 

Senator  Edmunds.  I  think  Mr.  Jones  gave  ua  thoae. 

The  Witness.  I  heard  Mr.  Jonea  testify.    I  will  leave  these  iiainn 
with  the  committee,  any  way. 

By  Senator  Edmunds  : 

Q.  Was  that  table  you  have  in  your  hand  prepared  by  yourself  ?-Aj 
No,  sir;  it  waa  prepared  by  tho  secretary  of  tho  fish  bureau;  it  if 
prepared  every  Friday,  and  this  is  what  was  sent  to  my  olllto  )(^ 
terday. 

Q.  That  covers  what  period  ? — A.  From  the  beginning  of  tho  lisliiii| 
season  up  to  yesterday. 

Tho  witnesa  then  submitted  to  tho  subcommittee,  as  part  of  his  te^ 
timony,  tho  following  tabular  statement : 

Boston,  October  1, 18S0. 


Weekly  Muuiniary  of  rucuipla  by  Boa- 
toil  dcalora. 


Mackerel* barrels. 

Ileriiut; do.. 

Alowivoii do.. 

Salmon do.. 

Cod quintals. 

Hake do.. 

Haddock do.. 

Cask ...do.. 

Herrin  g .'boxes. 

Bloaters do.. 

Boneless do . . 

Mackerel do . . 

Lobsters do.. 


1886. 


From— 


nomo 
ports. 


1,060 


750 
150 

CO 

1,000 

215 

133 

01 


Foreign 
ports. 


2,707 

750 

07 

91 

381 


5,800 
303 


1,322 
100 


Total. 


3,857 

3,825 

07 

01 

4.223 

750 

150 

GO 

0,890 

418 

133 

1,383 

100 


1885. 


From- 


nome 
ports. 


4,757 
1,015 


9,101 

985 

110 

90 

0,170 

1,742 

808 

350 


foroign 
ports. 


1,931 
4,080 


5,710 


270 

"i,m 


ToliLl 


'Exports,  13S  banela;  imports,  025 barrels. 


AMERICAN   FISHERY   INTERESTS. 


G77 


I Fmh rowkeri'l  received  wook  wiillnR  October  1 

I iliikm  1  impi>it(!(l  from  Jiiniiary  1  to  <lato 

I  Kifkin'ilandwl  l).V  United  StotCH  licet  wook  ondlntj  October  1 
hetr  KiiMfinil  cutcli  of  mackerel  to  dato 


1886. 


JBarreU. 

1,086 
37, 102 

2,  on4 
CI,  211 


1885. 


ISarreli. 

1,831 

2.-.,  003 

13, 402 

272, 302 


1884. 


Barreli. 

3,873 

44,:i97 

34, 327 

334,028 


1883. 


liarreU. 

02S 

48, 400 

IK,  074 

147,  U30 


Isimlwbarrclrtof  Hay  mftckorcl  Inndod  to  dato 01,825 

IKimtKrliarrciDol'Hlioroniidnay  Inland  iiiackorol  landed  to  dato 0,386 

Total C1.211 

OODFISn. 

Tlio Witness.  There  is  one  other  point:  Wo  rcceivo  from  tlio  Prov- 
linces  from  500  to  1,000  barrels  of  eoilflsli — a  tlionsand  maybe  ratlier 
Iwgli,  tliongh  I  (h)ii't  know  that  it  is — every  ten  days  from  Newfound- 
lliiiiil.  Tlicy  mostly  go  to  New  York.  That  is  a  variety  of  llsh  not  made 
hitliiii  the  limits  of  the  U'  ted  States.  There  is  scarcely  any  salt  put 
Ton  them.  Tlioy  are  very  dry  and  very  hard,  and  are  mostly  used  for 
|iliip's  stores  on  long  voyages,  and  for  shipment  to  such  places  as  Cen- 
I Aiiicritia  and  A8i)inwall.  u-;;      .. 

By  Senator  Fryk  : 

Q.  Is  there  any  special  name  for  them  ? — A.   They  are  called  Ncw- 
taidhiml  hard-cured  lisli,  and  they  do  not  come  in  competition  with 
Anything  that  is  made  in  this  country.    I  have  just  ordered  some  from 
ifax.   Those  fish  will  cost  the  man  I  ordered  them  from  $4.50  a  quin- 
Wo  are  selling  these  domestic  flsli  all  the  way  from  2g  to  3J ;   3J 
JorGoorges  and  2|  for  pickled  bank. 

l]y  Senator  Edmunds  : 

Q.  Woiiltl  it  not  bo  possible  to  cure  fish  in  the  same  way  on  onr  coast  ? 
•A.  It  would  be  possible,  but  it  will  bo  one  or  two  generations  before 

t  is  (lone.  It  is  only  because  customers  have  got  in  the  way  of  lik- 
ktlicsc  green  fish  that  they  are  not  cured  on  our  coast.  That  is  all 
TO  is  to  it. 

Q.  What  is  the  duty  on  that  kind  of  fish? — A.  The  same  as  on  the 
flier  kind,  half  a  cent  a  pound. 

EXPORTATION  OF  FISH  TO  CANADA. 

iTlierois  cue  other  point  I  would  like  to  toucli  upon;  it  may  bo  that 

jotthavo  hat!  some  information  in  regard  to  it  at  rrovincetown.  I  think 

(am  safe  in  sayir.g  that  every  year  up  to  1882,  perhaps,  we  have  cx- 

pttcd  cotllish  from  Boston  and  Provincetown,  mainly  from  Province- 

Fn,  to  Halifax,  showing  that  there  has  been  a  higher  range  of  prices 

Tcodlisli  in  the  Provinces  than  there  has  been  in  the  United  States. 

Nisa  fact  which  you  can  easily  prove  by  statistics,  because  yoM  cau 

Nthe  clearances  of  fish  mainly  from  Provincetown. 

[Q.  How  would  the  imposition  of  our  duties  afl'ect  that  ? — A.  They  im- 

pc  the  same  duty. 

IQ'  Yes;  but  when  wo  export  there  we  have  to  pay  it. — A.  Yes;  but 

|ttc  was  no  duty  then;  that  was  under  free  trade,  of  course. 

|(J.  There  have  been  no  such  cxportations  since  the  treaty  ? — A.  No, 

%  Ithink  1882  was  the  last. 


•'II 


G78 


AMERICAN   FiailEnY   INTERKSTS. 


By  Senator  Fiiye  : 

Q.  They  imposed  duty  before  the  Wasbin}?toii  treaty  tcniiiuated  did 
tbey  not? — A.  There  was  a  duty  in  the  interim.  ' 

Q.  That  was  in  their  original  tariff  act,  was  it  not? — A.  I  think  so. 
I  think  tlio  dnty  tbey  impose  now  is  the  same  as  ours. 

By  Senator  Edmunds  : 

Q.  Leaving  the  question  of  dn^y  entirely  out  of  view,  bow  do  you  ex- 
plain it,  as  a  mere  matter  of  business,  that  flsb  should  bo  exported  to  j 
the  Provinces  from  Boston,  precisely  the  same  kind  of  flsh  that  tliev 
catch  and  cure  in  the  rrovincesl  Is  it  merely  because  there  happened  I 
to  be,  on  account  of  their  shipments  and  all  that,  a  special  order  or  want  J 
that  they  were  not  able  to  fill  at  that  moment,  or  for  wJiat  reason  !-A.| 
Probably  the  catch  had  not  been  so  largo  as  to  enable  them  to  siipply] 
all  their  demands.  | 

Q.  In  short,  their  market  was  bare  at  that  time! — A.  Yes,  they  liadj 
not  caught  enough. 

THE  WEST  INDIA  MARKET. 

The  British  Provinces  sui)ply  all  the  West  India  markets,  probiiblyj 
every  one  of  them,  with  the  exception  of  Ilayti  and  San  Domingo,  anil 
that  trade  is  with  the  United  States. 

Q.  Nearly  all  the  other  markets  arc  theirs  ? — A.  We  can  scud  tlicrd 
with  the  same  propriety  that  they  can ;  it  don't  cost  us  any  more;  biii 
tbey  have  had  that  business. 

Q.  Do  you  mean  that  British  fish  go  into  Jamaica,  for  instance,  at jiis| 
as  high  a  rate  of  duty  and  charge  of  every  kind  as  American  fisbt-i 
I  do.    Not  any  higher. 

Q.  That  is  the  way  you  understand  it  ? — A.  I  know  so.  I  have  friei 
it  in  Jamaica,  Barbadoes,  Trinidad,  and  Demerara.  Their  duty  n  ex 
actly  the  same  on  shipments,  whetlier  from  the  Provinces  or  from  tli 
United  States.  ,    ,.       ,      , 

By  Senator  Frye  : 
Q.  In  all  of  them  there  is  a  duty  ?— A.  Yes,  though  it  is  very  low  if 
some  places.  ^^^^        :         ;    ;   •; 

By  Senator  Edmunds  : 
Q.  So  that  wo,  witli  our  provincial  neighbors,  stand  on  exactly  tM 
namo  footing? — A.  Exactly  the  same  footing ;  there  is  no  dilfcrence. 


TESTIMONY  OF  EDWIN  R.  DE  lONG. 

Boston,  Mass.,  Oc/okr  2, 18 
EDWIN  II.  DE  LONG  sworn  and  examined. 

By  Senator  Edmunds  :  • 

Question.  State  your  age,  residence,  and  occupation.— Answer.  I  j 
nearly  53  years  of  age ;  reside  in  Boston ;  my  business  is  commissij 
business. 

Q.  In  what? — A.  In  fisb  and  general  merchandise. 

Q.  Both  salt  and  fresh  fish  ?— A.  Yes;  largely,  though,  with  salt  I 
very  little  fresh  fish. 


AMERICAN    FISHERY    INTERESTS. 


fi79 


Q.  Aie  youetiKafjc'diti  the  fishery  trade  as  a  vcssel-owiior  or  anything 
oftiiatsort?— A.  No,  sir;  I  am  not. 

{}.  Who  arc  youi  chief  principals  in  your  comuiissiou  business'? — A. 
At  tliii^  present  tiino  the  flsh  I  deal  in  come  largely  from  the  Provinces. 

Q.  V^onr  principals,  then,  are  Canadian  dealers,  vesael-owners,  and 
gon'iit-A.  Yea. 

cuRiNO  Pisn. 

Q.  FIdtc  anything  that  you  desire  to  the  committee. — A.  Wo  are  in 
fiivord  having  free  llsh,  and  I  do  not  consider  that  it  would  be  any  injury 
tooiirlishcrics  here.  A  largo  part  of  tlie  Ush  that  are  brought  hero  from 
tk Provinces  are  cured  differently  from  our  methods.  Their  codfish  are 
what  arc  called  kcnch-cured  (dry-cured),  suitable  for  the  West  Indies 
trade.  The  fish  cured  in  the  United  States  are  piclile-cured  flsh,  and 
not  suitable  for  export  trade. 

Q.  That  is  to  say,  they  are  i)ickled  in  barrels  or  tubs  aboard  the  ves- 
sel, and  are  brought  here  and  taken  out  and  dried  1 — A.  They  are  kept 
inpicklo  until  nearly  the  time  of  shipment,  then  taken  out  and  given 
about  three  days'  sun,  which  sin^ply  dries  the  surface.  Tlioae  flsh  are 
then  shipped.  That  one  thing  has  done  more  to  injure  the  salt-flsh 
trade  of  New  England  than  anything  else  that  has  ever  happened  to  it, 
unless  it  is  tlie  fresh-flsh  trade. 

Q,  Is  there  any  reason  why  our  people  cannot  dry  them  dry  ? — A.  No 
misou  whatever,  only  our  ushermen  ])it;]de  them,  and  give  them  about 
five  i)oiii!(ls  of  salt  instead  of  three.  The  bulk  of  them  cured  that  way 
I  become  sour  and  stinking  before  a  great  while. 

Q.  What  is  the  object  of  pickling  tliem  in  that  way! — A.  They  want 
I  to  sell  as  many  pounds  as  they  can. 

Q.  When  the  fish  are  caught  by  the  provincial  fishermen  on  the 

[Banks  they  picklo  then  tliero  in  the  same  way,  do  they  not? — A.  No, 

hir;  they  are  dry-cured.     The  provincial  people  take  those  flsh  out  of 

tlicliold  of  a  vessel  without  putting  them  in  pickle,  but  the  Americans 

1  picklo  them. 

Q.  When  they  are  flrst  caught  on  the  Banks  they  are  treated  in  the 
[same  way  by  both? — A.  I  don't  know  of  any  other  way  they  could  treat 
I  tlieni. 

Q.  Bii.t  when  they  are  carried  ashore  in  the  Provinces  they  are  thor- 

iuf!lily  ilried?— A.  Most  of  them.  There  are  a  few  pickled  flsh  there. 
|A  few  years  ago  Gloucester  had  all  the  fish.  They  wrote  to  my  custom- 
jers  in  the  Provinces  asking  them  to  pickle  cure  there,  and  bring  them 
jtoGloucester  instead  of  to  Boston,  and  they  would  buy  them;  and  there 
jwrea  great  many  cargoes  carried  to  Gloucester. 

Q.  >So  tiiat  tlio  dilterence  in  the  fish  of  the  two  countries  is  merely  a 
jiliflereiice  in  treatment  after  they  get  ashore? — A.  Largely;  yea.  The 
jkeiichcurcdllsh,  as  they  used  to  be  treated  fifty  years  ago  in  New 
jEiiglaud,  were  sweet  and  sound,  and  could  be  sent  to  the  West  Indies 
|w anywhere;  but  by  this  new  process  they  are  not  suitable  to  be  ex- 
ited. Ifthey  get  quite  dry,  the  first  moist  day  that  comes  they  will 
Igflwet;  they  take  the  moisture  very  quickly. 


PACKING  AND  EXPOliTING  IN  BOND. 


I  Boston  formerly  did  a  very  large  export  business  in  fish ;  \ve  supi)lied 

peWcst  Indies  very  largely,    liut  by  changes  of  the  law  and  by  allow- 

^?  provincial  fish  to  come  here  in  comjjetition  with  our  picklo  cured  flsh 

*ehavclarj::ely  lost  cur  trade.  When  Mr.  Benjflmin  F.  Bntlerwas  a  mem- 


'J80 


AMKUICAN    FiailEnv    INTEUEaTS. 


Imt  of  Coufrross  lni  pot  a  bill  invsacd  forhiddinj;  tlic  packing  of  foroinn 
Ut*h  in  boiitl  liorc.  The  lisli  wt'io  l)rou{,'lit.  in  bulk  in  tbo  vessel  mid  car- 
rit'd  to  Htore-houses,  and  previous  to  that  time  they  had  Ix'cii  pack;')!  in 
bond,  put  into  i)ackage8,  aiMl  exi)ortO(l  to  thoWest  IiidicH.  Mr.  ]5|,(|,.f 
jjot  a  l)ill  throuK'h  Con jjreHs  forbidding  i hat.  Thoelleetof  tliatliiwliwn 
to  drive  most  of  the  West  India  tra<lo  down  to  the  Provinces.  We  Imvi. 
not  had  tlu^  bencUt  of  it  here. 

t 

KENOII-OURED   AND   riOKLE-CUBED  FISH. 

Q.  IJut  that,  if  1  undorHtand  you  correctly,  really  results  frnm  tiipi 
cir<!iunstanee  tliat  the  fish  ani  not  properly  treated  wln'u  tliey  fjctlicn!  I 
— A.  Our  Aiiierican  catch.     Only  a  few  years  ago  I'loviiicctowii  or  j 
Ca])e(Jod  used  to  kenchcure  a  large  amount  of  her  llsh.    JJiitanian 
told  me  recently  that  there  probably  vouhl  not  bo  this  year  L*,000  (|nii|.  i 
lals  of  kench-(!ured  tlsh.     (iloucester  has  ken(!h  cured  her  lisli  for  many 
years.     Some  are  kench  cured  in  Maine  yet,  though  they  aie},'oiii;,'iiiinj 
pickle  curing,  as  they  get  the  same  price  for  5  ponn<ls  of  pickle  euml  as 
for  .'{ jwunds  of  kench-cured.    Many  people  don't  know  the  (IKHiviin, 
and  serN'init  girls  really  prefer  ])iclde-ciU'(Ml,  beeausc  tliey  arc  always 
soft  and  ready  to  pick  easily,  while  dry, -tianl  lish  would  he  hard  (n  get j 
ready  to  cook. 

NATIONALITY  OF  THE  FISHERMEN. 

Q.  State  anything  else  that  you  desire. — A.  In  my  dealings  wiihilioj 
Provinces  I  have  been  made  acquainte<l  with  the  nationality  of  our) 
crews  to  some  extent.  We  have  a  great  many  orders  sent  ns  iVoiu  tlioj 
Provinces.  These  American  vessels  leave  America  with  a  sullicioiitj 
number  of  men  to  go  to  the  Provinces,  and  there  they  ship  new  iiicii.aiiili 
then  aft(!r  the  catch  they  land  that  part  of  the  crew  before  retiiriiiii J 
home.  Those  men  tli.it  are  landed  down  in  the  Provinces  send  ordcml 
hero  on  the  American  fishing  houses  for  their  shares  of  the  proceeds  ( 
the  catch,  as  they  lish  on  shares  largely.  So  1  know  that  a  lar;,^!  iiiiiiii 
ber  of  men  in  our  vessels,  both  masters  ami  sailors,  are  simply  i)r()viii 
cial  i>co])le. 

Q.  IIow  can  the  masters  bo  so? — A.  They  take  out  papers  tobcconiq 
American  citizens,  but  whether  they  ever  complete  their  eitizeiisliipr 
do  not  know.  Some  claim  to  be  natives  of  the  United  States  wlicii  lluyJ 
.are  not.  I  have  known  a  great  many  nuisters  of  vessels  to  inaketlm^ 
claim  when  I  know  that  they  came  from  tho  Provinces. 


CUBING  AND   EXFOBTINO  FISH. 

At  tho  present  1  imc  our  fish  are  all  pickle  cured.  There  is  a  larpo  n 
port  demand  for  fish  to  go  to  the  West  Indies,  and  we  haven't  gotn.i)^ 

Q.  Why  do  they  not  take  them  out  of  pickle  and  dry  tlieni!-.\_ 
They  would  have  to  soak  them  all  out  again;  there  is  so  nincli  sail  id 
them  that  they  cannot  dry  them.  After  a  fish  is  once  pickled  it  isdil! 
ficult  to  be  dried  proi)crly.  They  claim  that  by  soaking  out  tin;  s;i 
again  it  can  be  done,  but  I  think  they  are  never  so  good  as  tlieori;,'iiiit 
kenchcured  fish. 

TRADE  RELATIONS. 

Tho  Witness.  ITavo  our  trade  relations  and  tho  vohuno  of  tiailj 
anything  to  do  with  tho  subjects  to  bo  considered  by  your  coinuiilt*  i| 

Somitor  Edmunds.  Yes;  overytuing  that  bears  upon  tho  gcmrij 
question. 


AMKniCAN   FISITRRY    INTKRKflTfl. 


nst 


Tiic  Witness.  Wo  sliij)  during  tlio  your  down  tlnn-o  about  $000,(M)0 
wnrtli  of  goods. 

Q.  Of  all  kinds!— A.  Of  all  kinds;  manufactured  Koods,  lh)ur,  boef, 
iwrli,  liii'd,  butter,  crockery  ware,  (Isliinjj:  tackle,  and  tishinn  Rcnr. 
Tliow  is  no  place  in  the  world  that  1  know  of  where  a  vessel  could  be 
fitted  out  HO  cheaply  as  at  Ho.ston  or  (llouiiester.  The  cod-lines  are 
uiailolKTc;  the  oidy  place  in  the  world  where  they  are  made.  I  don't 
know  of  another  jdace  where  they  make  cotton  cod-lines  that  are  used 
hv  our  llsliermen  ;  they  formerly  used  hemp  lines  that  came  froi..  Eu- 
rope, lint  tliey  are  not  used  at  all  now.  Their  cotton  duck  and  cordage 
Kclxuifild.  here;  their  beef  is  bought  hero  entirely,  and  pork  and  flour 
Inrndy;  also  lard,  and  the  oil-cloth  which  the  sailors  wear,  and  their 
rubber  boots;  fishhooks,  more  or  less;  in  fa(!t,  everything  used  aboard 
A  vessel  is  bought  here.     Wo  ship  tiiem  ourselves. 

Q.  To  be  used  by  IJritish  vessels? — A.  Yea,  sir;  entirely. 

.   ABTIOLES  EXPOUTKD   TO  CANADA. 

lean  give  you  some  of  my  orders  during  this  last  spring. 

Q.  You  can  state  them  in  n  general  way  .—  A.  J  take  them  alphabet 
ical'y:  Ai)ples  and  vegetables,  alcohol,  tishernu>in'8  leather  boots,  ship 
bread,  butter,  beans,  brushes,  rubber  boots,  stove-])olish,  coflee,  caudles, 
corn,  chocolate,  cotton  duck,  dry  goods  of  all  kinds,  cssonces,  ilour,  fur- 
niture, canned  goods,  groceries  of  various  kiiuls,  hardware,  tinware, 
lanterns  and  the  like,  jugs,  kerosene-oil,  mackerel-lines,  cod-lines,  cod 
liooks,  solo-leather,  Seychelles  and  Manila  cordage,  molasses,  uaila  of 
all  kinds — oak-nails  and  ordinary  cutnails;  oakum,  naval  stores,  sails, 
pitch  and  tar,  oa:s,  pork,  beef,  lard,  hams,  linseed-oil,  paints  of  all  kinds, 
copper  paluts  (for  coppor-painting  vessels),  peppers,  8j)ices,  hats,  caps, 
oil-cloth,  sugar,  what  you  call  patent  brass  bushings  for  blocks,  salt, 
tobacco  ^manufactured  and  unmanulactured),  tea,  tea-caddies,  trunks 
tiillow,  all  kinds  of  biscuits,  crackers  and  such  like,  brooms,  pails,  and 
ffooden-waro,  lami)s  and  glassware,  crockery- ware,  dory-boats,  papoi , 
and  Mapor  books.    Those  aro  about  the  leading  things. 

CANADIAN  CANNED  FISH.  '  '  ' 

Q.  You  were  speaking  of  canned  goods ;  aro  there  any  fish  canned  In 
[Canada and  imported  into  the  United  States? — A.  Yes;  in  the  Pro\ 

Q.  AVhat  kinds ? — A.  Principally  mackerel  and  lobsters;  those  are 

lie  two  main  articles. 

Q.  Do  you  operate  in  those  things  yourself? — A.  Yes ;  wo  have  some 
I foiisignincnts  of  them,  but  that  trade  is  very  small  with  us. 

Q.  Aro  the  processes  of  canning  goods  down  there  equal  to  ours  ? — 
JA,  The  peo])lo  there  who  can  goods  aro  mostly  Americans  who  have 
jutarted  lactories.  I  think  you  h.ad  a  gentleman  here  yesterday  or  to- 
|<li>y,Mr.  Pickett,  who  has  a  canning  factory  in  Cape  Breton.  I  suppose 
jthose  men  have  their  operatives  from  here,  and  I  should  suppose  the 
Iwrk  would  hi  done  in  the  same  manner  as  it  is  done  hero. 


TRADE  RELATIONS  AND  PROFITS. 


Wo  sell  about  $700,000  worth  of  goods  wliere  wo  receive  ])erhaps 

^200,000. 

Q.  Through  your  house  to  Canada  ?— A.  Yes ;  wo  have  sold  about 
iUOO,000  worth  of  goods  every  year  lately. 


G82 


AMERICAN   FISHERY    INTERESTS. 


Q.  What  is  tLe  general  rate  that  comniission  merchants  get  on  their 
operations  ? 

The  Wi7 NESS:  The  profits? 

Senator  Edmunds.  The  commissions  generally  chargerl. 

A.  Not  far  from  5  per  cent,  on  the  average  ;  sometiuicK  we  get'  Ics. 
than  that. 

Q.  Do  yon  deal  in  American  fish  at  all  ? — A.  1  have  not  recently;  tlmt 
was  the  first  thing  I  did  when  I  came  to  Boston.  My  first  cxperienw 
in  the  fishery  business  was  fitting  ont  Cape  Cod  fishermen,  and  I  ibl 
lowed  that  for  nearly  eleven  years. 

Q.  How  long  ago  did  you  leave  it? — A.  1  commenced  in  1855. 

Q.  And  continued  down  to  ISCG? — A.  Yes,  sir;  I  was  origiually  in. 
the  ship-chandlery  and  ship-store  business,  but  after  the  war  prices 
went  so  high  that  our  American  vessels  did  not  do  well,  and  1  was 
obliged  to  seek  other  business.    That  is  how  I  came  to  get  into  tlio  pro 
vincial  business. 

EXPORTS  NOT  REPORTED   TO   THE  CUSTOM-nOTJSE. 

Q.  Is  thorc  anything  else  you  wish  to  suggest? — A.  I  would  like  to 
speaii  of  exports.  Formerly,  under  the  reciprocity  treaty,  many  ves- 
sels would  go  to  the  Provinces,  carrying  fiour  and  other  nicrcliaudise, 
amounting  perhaps  in  bulk  to  1,000  barrels.  Those  vessels  .vercverv 
similar  to  our  State  of  Maine  coasters ;  the  captain  and  crew  all  bail 
orders,  and  each  was  ashore  buying  goods.  The  same  thing  is  done  to- 
day, more  or  less.  So  that  our  custom-house  here  has  no  correct  record 
of  the  export  of  goods  from,  hero  to  the  Provinces. 

Q.  Do  you  mean  that  those  things  that  the  captain  and  crew  bad 
orders  for  would  not  appear  in  manifest  ? — A.  Yes  j  and  a  large  amount  ■ 
of  goods  shipped  even  to  the  merchants  down  there  do  not  appear  to- 
day. I 

Q.  now  does  the  vessel  expect  to  clear  without  a  true  manifest  of  ber  i 
cargo?— A.  1  will  cxplai)i  that  to  you:  Say  we  have  a  vessel  ready  for] 
sea  to-day.    You  may  say  there  are  a  hundred  barrels  of  flour  on  ber. 
The  captain  will  go  into  the  custom-house  and  get  a  clearance  on  (lie] 
merchandise  simply.    After  he  gets  his  clearance  sometbing  may  bap- 
pen  preventing  him  from  sailing  immediately,  and  he  may  lie  liere  tbreo  | 
or  four  days  before  he  gets  oil",  during  which  time  he  may  take  on  board] 
a  number  of  articles  of  merchandise,  but  ho  will  not  go  near  the  eiistoni- 
house  again;  ho  siniply  goes  to  sea  with  his  maiiifest. 

Q.  When  he  comes  back  will  he  not  be  picked  up  ? — A.  No,  sir.  It] 
would  not  really  make  any  difierence  if  he  should  happen  to  be  boarded 
after  he  had  obtained  his  clearance  and  had  taken  on  hoard  llic  iddi 
tional  articles,  because  his  clearance  only  says  "merchandise."   It  don't  j 
say  whether  he  has  one  barrel  or  ten;  it  simply  says  "mercbandisc," 

i^.  That  (;learance  does  not  contain  a  copy  of  the  manifest,  bntdocsj 
h  e  not  have  to  i»resent  a  coi)y  of  his  manifest  to  the  (iustom-bouse  beforo' 
he  clears  ?— A.  Uq.  is  supposed  to  do  that.  15ut  there  will  bo  porbapsi 
twenty  merchants  making  shipments  by  that  vessel;  hat  and  cap  iiieii/ 
hardware  men,  and  dillerent  merchants  here,  who  have  bad  orders  t(^ 
send  goods  by  that  vessel;  the  captain  don't  kno"'  wliat  is  coming. 

Q.  liis  owners  and  agents  ought  to  kriow  wh.atthey  take  on  board,- 
A.  When  the  captain  comes  to  get  ready  to  go  to  sea  he  known,  bnt  lia 
never  takes  the  trouble  to  go  to  the  custom-honse  and  make  a  full  M 
complete  stfttement  of  any  additional  articles  that  ho  may  bavetakeij 
aboard. 


Q.  Tben  he  ( 
he  does;  but  t 
Q.  Suppose  1 
(licyconio  hae 
unef— A.  If  yo 
Q,  What  is 
don't  suppose  1 
and  obtains  his 
board. 

Q.  But  ho  ha 
clearauce.  The 
witb  that  araou: 
tbe  coasting  bu 
tbe  coasting  bel 
opsy  and  loose  ^ 
Q.  Yes;  butt 
some  of  the  ow 
sometimes  tbe  t 
tbe  fisbermeu. 
don't  know  how 
a  great  inconver 
edge,  a  great  mj 
sel,  by  wbich  he 
orbark,  or  what( 
invoices  coming  J 
Tbere  are  regula 
business.  They 
allstraigbt. 
Q.  Tbis  homo  I 
of  tbe  export  bus 
bpsf-A.  The 
very  little  businc' 
Q.  Is  tbere  arj 
Idon'ttbinkof  ji 

EFFECT  OF  FREE 

By  Seuatoi 
Q.  1  wonld  lik- 
"le  Provinces,  as 
liie  pfl'ect  of  free 
!!i^'  consumers  o 
business  since  18 
lias  been  greater 
«liat  we  call  free 
Q.  Do  you  mea: 
m  dealers  ?— A 
,  fccjuiso  I  tliink  t 
I  liav«  Lad  a  larger 
»c  bavo  si)pi)]iec 
I  provincial  port  sn 
y-  Your  idea  is 
{ Saged  in  selling  t 
qnintal  of  codfish 
TOerrcciproeitv 
JWbatisthe, 
out  tbo  country  f- 


t 


AMERICAN    FISHERY    INTERESTS. 


G83 


Q.  Tlien  be  docs  not  obey  tbe  laws,  does  be  ? — A.  No;  1  don't  tbiuk 
he  does;  but  tbo  captains  don't  know  much  about  tbe  law. 

Q.  Suppose  tbey  were  t?ugbt  a  iUtle  by  being  arrested  the  next  time 
they  conic  back,  would  not  that  be  an  advantage,  if  the  'aw  is  a  good 
y„ef_A.  If  you  wanted  to  carry  it  out ;  but  still  tbey  commit  no  crime. 

Q.  What  is  the  use  of  having  a  law  if  it  is  not  carried  out? — A.  1 
don't  suppose  he  commits  any  crime  when  he  goes  to  the  custora-houso 
iind  obtains  his  clearance  for  everything  that  he  knows  that  he  has  on 
board. 

Q.  But  bo  has  no  business  to  take  anything  afterwards  under  that 
clearance.  Tbe  idea  of  a  clearance  is  that  the  vessel  is  ready  to  depart 
with  that  amount  of  goods. — A.  Thav.  is  supposed  to  bo  the  idea.  But 
the  coasting  bup'uess  between  here  and  the  Provinces  is  the  same  as 
the  coasting  between  hero  and  the  State  of  Maine;  it  is  done  in  a  very 
my  and  loose  way ;  the  captains  are  not  educated  men. 

Q.  Yes;  but  do  not  their  owners  know  something  about  it? — A.  No; 
some  of  tbe  owners  are  farmers, and  don't  know  anything  about  it; 
sometimes  tbe  captain  owns  his  vessel,  and  sometimes  it  is  owned  by 
the  fisbenneu.  A  great  deal  ^^f  that  bnsi'iess  is  done  by  people  who 
don't  know  bow  to  make  up  a  good,  complete  invoice,  and  that  is  often 
a  great  inconvenience  to  us,  because  ihey  have  so  little  business  knowl- 
edge, a  great  many  of  them.  Perhaps  a  saw-mill  owner  owns  the  ves- 
sel, by  which  be  ships  a  little  lumber,  or  fish,  or  potatoes,  or  cord- wood, 
or  bark,  or  whatever  it  may  be.  Their  invoices  are  very  different  from 
invoices  coming  from  Europe.  I  do  business  in  the  island  of  St.  PieiTc. 
There  arc  regular  French  houses  there  with  whom  we  do  quite  a  large 
business.  Tbey  are  regular  mercantile  houses,  and  their  invoices  are 
all  straight. 

Q.  This  homo  business  I  can  reauily  understand,  but  I  am  speaking 
of  tbe  export  business;  though  you  have  explained  that  suflSciently,  p.^.r- 
haps?— A.  Tbe  people  in  the  Provinces  who  run  these  vessels  have 
very  little  business  knowledge. 

Q.  Is  there  ary thing  else  you  think  of  that  you  desire  to  state? — A. 
I  don't  think  of  anything  else. 

EFFECT  OF  FREE  TRADE  UPON  WHOLESALERS  AND  UPON  CONSUlVrERS. 

By  Senator  Saulsbury  : 

Q.  1  would  like  to  hear  your  reasons  for  the  eflect  of  free  trade  with 
the  Provinces,  as  stated  by  you.  1  want  to  call  your  attention,  first,  to 
the  effect  of  i'ree  trade  upon  the  fish  business  here,  and,  secondly,  upon 
the  consumers  of  fish  iu  this  country. — A.  I  have  been  in  the  fish 
business  since  1855,  and  from  my  recollections  I  should  say  that  there 
lias  been  greater  prosperity  in  the  fish  business  under  reciprocity,  or 
what  we  call  free  fish,  than  there  has  ever  been  under  the  tariff. 

Q.  Do  you  mean  to  apply  that  also  to  the  fishermen  as  well  as  to  the 
fish  dealers  ? — A.  Yes ;  1  think  our  fishermen  have  had  larger  returns, 
kmxsQ  1  tbink  the  quantity  of  fish  caught  has  been  greater,  and  wo 
liavo  bad  a  larger  export  trade.  Wo  have  done  some  business  in  fish ; 
»c  have  supplied  the  West  Indies,  instead  of  Ualifax  or  some  other 
provincial  port  supplying  them. 

Q.  Your  idea  is  that  it  applies  to  the  fishermen  and  the  merchant  en- 
3ged  in  selling  them  ?— A.  Yes ;  all  through.  What  I  mean  is  that  a 
qninfal  of  codfish  ot  the  same  quality  has  brought  as  much  or  more 
,  under  reciprocity  than  it  has  under  tarift". 

Q.  What  is  tbo  effect  of  the  tariff  upon  the  consumers  of  fish  through- 
I  out  the  country  ? — A.  I  was  also  going  to  state,  before  answering  the 


G84 


AMERICAN   FISHERY    INTERESTS. 


question,  that  the  law  of  supply  and  demand  seems  to  rej^ulatc  tin 
prices  largely.  Two  or  three  years  ago  we  had  fiesh  fish,  and  we  wert 
selling  codfisli  at  |G  to  $7  a  quintal.  Now  we  have  a  tarifl',  and  it  is 
difficult  to  sell  them  at  more  than  $2.  There  seemed  to  be  a  great  do 
mand  for  fish  about  two  or  throe  years  ago,  and  I  could  seUfive  ear 
goes  of  fish  more  easily  at  $0.50  or  $7  a  quircal,  accordiiijj  to  qnality 
than  I  can  to-daj',  with  u  tariff  on  lish,  at  $2.25  or  $2.50;  tiiere  wisii 
greater  demand  for  them  and  it  was  easier  to  sell  them  then. 

FISn,  KENCn-CURED  VS.  riCKLK-CURED. 

Our  people  arc  getting  these  pickle-cured  fish  cheaper  than  they  got 
them  two  or  three  years  ago,  but  T  clor't  co'isider  that  the  fisJi  tbeypt 
are  tit  to  eat.  These  pickle-cured  lish  are  just  about  the  same  qualily 
as  a  piece  of  salt  beef  would  bo  after  il  had  been  taktn  out  of  a  barrel 
on  a  hot  day  and  laid  around  for  two  or  three  days ;  it  would  stink.  \ 
piece  of  thoroughly  dried  beef  might  lie  around  six  months  and  lM^])('r- 
tiBCtly  sound ;  that  is  different.  I  wa°s  at  the  Grand  Pacific  Hotel  in 
Chicago  last  April;  being  very  fond  of  fish,  and  seeing  flsh-balls  imn 
tioned  on  the  bill  of  fare,  I  called  for  them;  but  when  I  put  a  pieec in 
my  mouth  I  got  it  out  as  soon  as  possible*  the  fish  was  actually  rotten. 
The  fish  I  carry  homo  to  my  house  are  diy,  kenchcured  fish,  and  they 
Jire  just  as  sweet  as  anything  can  be. 

By  Senator  Edmunds  : 

Q.  Do  you  carry  them  homo  from  your  store  ? — A.  A  fter  I  sell  a  cargo 
I  get  some  from  the  man  I  sell  to. 

Q.  Do  you  get  them  at  the  same  price  that  everybody  else  pays!- 
A.  Yes,  sir. 

Q.  What  do  you  pay? — A.  From  three  to  four  or  five  cents  a  pound; 
diflerent  prices.  I  have  just  sold  three  cargoes  of  kencli  fish  in  tbe 
last  sixty  days;  the  first  cargo  I  sold  at  $3. 

Q.  Do  you  mean  to  say  that  the  price  of  good,  sound  codfish,  kencli- 
cured,  at  the  groceries  in  Boston  is  only  three  or  four  or  five  cents  a 
pound? — A.  I  sell  to  wholesale  dealers;  the  retail  dealers  probably  get 
about  five  or  six  cents  a  pound. 

Q.  And  you  sell  for  how  much  ? — A.  Wo  do  not  get  over  $3  a  quintal, 

Q.  That  is,  the  retail  price  is  about  double  the  wholesale?— A.  Yes; 
just  about  double. 


NUMBER  UF    FACTORY    EMPOYlSS    GREATER 

FISKERMEN. 


THAN  THE    NUMBER  OF  ] 


I  would  like  to  say  one  thing  more.  There  are  more  than  twice  tbe 
number  of  people  in  the  United  States  manutacturing  the  kind  of  goml^ 
that  1  ship  to  the  Provinces  that  there  are  American  fishermen  coniin^ 
in  competition  with  the  Provinces.  The  goods  they  buy  of  us  for  lisle 
ing  vessels  and  such  like,  and  for  other  purposes,  give  twice  tlie  iiinii 
berof  men  employnuMit  here  in  their  manufacture 
wages. 

CANADIAN  TARIFF. 


give  theui  labor  luid] 


Q.  Do  you  know  the  date  of  the  Canadian  tariff  act,  wlicn  tliojj 
adopted  what  is  called  the  protective  system  ? — A.  T  can't  tell  the  diito;| 
it  was  some  six  or  eight  yes'rs  ago. 

Q.  What  effect  did  that  havo  upon  your  exportations  of  Amcricnni 
goods  to  the  Provinces? — A.  It  aCecteddry.  goods  more  than  anytliingi 


AMERICAN   FISHERY    INTERESTS. 


685 


else  I  bIiouUI  Biiy ;  bardwaro  and  agricultural  tools  still  contiauo  to  go 

tliere. 

Q.  Suppose  ifc  was  six  years  ago,  wbich  would  bo  1880,  tbat  tboy 
adoptetl  tbat  beavy  tariff;  can  you  tell  us  bow  iiiucb  your  own  expor- 
tiitionsfcll  off  iu  consequence f — A.  Tbey  bavcu't  fallen  off  any;  our 
trade  btw  increased  tbere,  for  wo  bavo  made  greater  (iffort,  you  migbt 
ij;iy.  1  bavo  a  man  traveling  tbero  all  tbo  tirae,  wbereas  formerly  I 
(lid  not  bavo  a  man  traveling  tbere. 

Q.  But  under  tbo  sauio  conditions  you  tbink  it  would  bavo  fallen  offt 
-A.  Some.  Take  it  vvitbiu  a  sbort  time ;  I  bavo  sold  in  Nova  Scotia 
two  carloads  of  wbat  tbey  call  James  Kirk's  Cbicago  soap,  altboutjb 
they  have  a  30  per  cent,  tariff  on  it. 

Q.  Kirk  advertised  bimself  into  glory? — A.  Yes.  IIo  makes  great 
effort,  of  course,  and  sends  out  sbow-bills  and  tbo  like.  Wo  still  sell 
Bianufiictured  goods  tbere. 

PROFITS   OF  COMMISSION  MERCHANTS. 

Q.  Do  you  do  all  tbis  exportation  business  on  commission  ? — A.  No, 
sir.  Wo  "get  a  j»rofit  on  a  largo  sbaro  of  it. 

Q.  A  profit  aside  from  your  commission  ? — A.  No,  sir;  wo  don't  cbargo 
my  eomnilssion  at  all  on  wbat  wo  sell;  but  wben  tbey  scud  a  cargo  bero 
jefoU  that  on  commission. 

Q.  And  you  actually  sell  to  tbem  tbo  return  cargo  and  make  a  i>rofit? 
-A.  Yes,  sir. 

Q.  lliive  your  profits  fallen  off  on  tbo  same  kinds  of  goods  since  tbo 
pasiirtso  of  the  Canadian  tariff  act? — A.  Tbey  bavo,  some. 

Q,  How  nmcb  ? — A.  I  cannot  say  tbat  it  bas  been  on  account  of  the 
CaiuKliau  tariff;  it  was  on  account  of  competition;  tbero  a: o  so  many 
ill  the  business;  tboy  are  cutting  liner  and  closer  every  day.  It  is  just 
the  same  here. 

Q.  If  you  choose  to,  merely  for  our  information,  you  may  state  wbat 
the  iirolits  arc  in  your  business,  and  wbat  you  would  consider  a  fair 
profit  to  make  in  tbe  export  trade ;  or,  to  make  it  straight  as  between 
lis,  liow  much  do  you  make  on  your  exportations  of  these  goods  you 
sell  f  You  need  not  answer  if  you  do  not  want  to. — A.  I  fear  wo  do  not 
I  average  over  2A  per  cent.;  on  some  goods  wo  get  5.  On  these  job  ca''- 
pes  we  perhaps  get  8  to  10  ])er  cent.  A  man  will  spend  as  much  time 
in  selliii}!;  8  or  10  barrels  of  flour  as  be  will  on  125  barrels. 

Senator  Edmunds.  I  sbould  tbink  it  would  take  more  time  if  be 
talked  it  up  well. 

The  Witness.  If  a  man  buys  iJOO  barrels  of  Hour  from  me  and  1  get 

-i  per  cent.  i)roiit,  I  sbould  bo  satisfied.    Take  tbe  article  of  kerosene 

il;  we  have  shipped  during  tbe  month  of  Septembcv  ])erbaps  2,500 
ilMiTclsof  that^aiul  perhaps  we  got  Gor  7  i)er  cent  on  that. 

Q.  When  you  say  2^  per  <!ent  on  flour,  if  you  bad  bad  tbat  flour  in 
j  stock  six  months  tbere  would  be  tbe  question  of  interest  to  consider? — 
I  A.  We  have  to  figure  tbat. 

Q.  How  long  do  you  generally  keep  flour  in  stock  !    When  you  re- 

[ccivcaii  order  for  a.tbousand  barrels  of  flour  do  you  generally  bavo 

t amount  on  band,  or  do  you  bavo  to  go  out  and  buy  it? — A.  Wo 

iil^ajs  have  more  or  Ices  on  band ;  we  carry  a  stock  of  flour,  and  then 
jorderwhatwe  have  not  on  band. 

Q.  In  making  your  2J  ])er  cent,  profit  you  cbargo  interest,  storage, 
m  all  that  ?— A.  Yes,  sir ;  wo  put  tbat  all  in. 

j  Q- So  that  your  2^  per  cent,  is  absolutely  good  ? — A.  Absolutely 
[Ijood  profit.  Of  course,  we  try  to  get  5  per  cent,  on  flour,  but  we  don't 
jways  get  it. 


(kS(; 


AMEKIGAN    FISHERY    INTERESTS. 


TESTIMONY  OF  HERBERT  C.  HALL. 

JJosTON,  Mass.,  Octolcr  2, 188C. 
IlEliBEUT  0.  HALL  sworn  and  examined. 

By  Senator  Edmunds  : 

Question.  What  is  your  age? — Answer.  Thirty-live. 

Q.  Wliat  is  your  .resideuee? — A.  Souiervillo,  three  mlleisout  of  tLe 
city;  1  do  business  in  Boston. 

(}.  What  is  your  occupation  ? — A.  Shipping  and  commission  mercbaiit, 

Q.  You  deal  in  what  sorts  of  goods? — A.  We  receive  most  of  the 
products  of  the  Provinces,  and  send  goods  down  there. 

Q.  13oyoudealii  iish^ — A.  Yes,  sir;  we  run  a  line  of  steamers  down 
there. 

Q.  What  kind  of  fish  do  you  deal  in? — A.  We  receive  all  kimlsofi 
salt  fish. 

Q.  Not  any  fresh  ? — A.  Generally  not  any  fresh. 

Q.  Then  you  get  salted  mackerel,  herring,  codfish,  pollock,  bake,  ai 
all  that  sort  of  thing? — A.  Yes,  sir. 

EECIPKOCITY.  ;% 

Q.  iState  to  the  committee  what  occurs  to  you  on  the  subject  thatyouj 
understand  we  are  considering.  You  may  state  your  views  and  givoj 
facts  within. your  knowledge  bearing  upon  the  fishery  question  \vi 
Great  Britain  and  Iho  Dominion. — A.  I  am  in  favor  of  a  rociprodly] 
treaty  between  the  two  countries ;  I  do  not  think  it  would  interfere  witiij 
our  fishermen  here  very  much,  even  if  free  fisliwere  allowed,  bccaii.se iij 
largo  ])art  of  the  fish  from  the  Provinces  Jire  different  from  the  llshtbatj 
are  produced  here. 

Q.  Ditl'erent  in  the  way  Mr.  De  Long  has  stated,  in  Imwg  kcDclii 
cured ? — A.  Most  all  the  fish  from  the  Provinces  are  kencbcuret!  andj 
dried,  and  most  all  here  are  pickle-cured.  Wo  get  large  fat  mackert'lj 
from  the  Provinces,  and  the  most  of  the  large  split  herring  come  fromj 
the  Provinces. 

Q.  Audthey  are  the  finest  varieties  of  each  kind? — A.  Yes.  We  rely 
on  that  country  for  our  suppiy  of  the  best  fish. 


•,       ,  -WHOLESALE  AND  RETAIL  PRICES. 

Q.  IJow  much  higher  is  the  wholesale  price  in  this  market,  for  iu| 
stance,  for  these  large,  fat  mackerel,  than  the  price  for  the  ordinary  NoJ 
3  mackerel'? — A.  I  don't  know  what  they  retail  for. 

Q.  I  am  speaking  about  the  wholesale  price. — A.  No.  1  is  worth  $1| 
to  $17. 

Q.  What  are  the  fat  ones  worth  ?— A.  The  extra-fat  ones  are  wort^ 
all  the  way  from  $20  to  $35. 

Q.  Is  that  the  kind  you  are  speaking  r^  as  coming  only  from  tlij 
Provinces? — A.  Very  few  are  procured  from  uriy  other  place;  alaif 
portion  of  the  No.  I's  come  from  the  Provinces. 

Q.  When  you  com'>  down  to  No.  2's,  what  are  they  worth !— A.  Frod 
$9  to  $12,  according  to  the  fatness.  1 

Q.  Where  do  the  largest  part  of  these  come  from?— A.  TboAmcrfl 
can  vessels  catch  most  of  them  down  in  the  Bay  of  Ohaleur,  anduow^ 
that  way,  and  some  arc  caught  around  hero. 


AMERICAN    FISHERY    INTERESTS. 


087 


TUBEE-MILE  LIMIT. 

Q,  rdoro  July,  1885,  do  you  know  where  the  larjjest  iiart  of  tbcse 
provincial  luackorel  came  iioni,  wlietlicr  inside  or  outside  of  the  three- 
luile limit? — A.  ^  could  not  say.  I  have  asked  a  great  many  iVom  the 
Provinces,  but  have  not  been  able  to  ascertain ;  a  good  many  of  those 
provincial  people  have  been  in  my  store,  and  1  have  often  asiied  them 
about  tliat;  they  say  they  catch  a  large  number  of  them  within  tiie 
llireoniile  limit.    But  that  is  only  hearsay. 

Q.  The  great  bulk  of  the  mackerel  are  now  caught  in  i)urse  seines; 
isiiottliat  so? — A.  Yes,  I  think  they  are.  For  the  next  month  they 
will  catch  llieni  at  the  Bay  of  Chaleur  and  around  in  that  region  in 
tnii>s;  1  do  not  ki  w  whether  they  will  do  much  seine-fishing  or  not, 
but  I  should  think  they  would  for  a  fortnight  yet. 

PRICES  UNDER  REOirEOCITY. 

Q.  Do  you  know  anything  about  the  retail  |)riccs  of  the  three  vari- 
eties of  iish  you  have  named — the  extra  fine.  No.  I's,  and  No.  2's? — A. 
No,  sir. 

Q.  Did  you  o.^o^»veany  dilference  in  the  prices  of  fish  in  this  market 
followiugthe  treaty  of  1870-'71,  which  made  them  free? 

The  Witness.  IJittereuco  in  the  price  ? 

Senator  Edmunds.  Yes,  the  price  at  which  you  sold  them  to  the  job- 
bers, 

A.  Every  year  the  price  changes  according  to  the  supply  and  demand. 

Q.  But  you  were  not  able  to  detect  anything  that  the  change  in  the 
law  cii'ected  1 — A.  As  it  has  happened,  the  prices  of  fish  have  been 
higher  during  reciprocity ;  I  presume  that  was  on  account  of  the  smaller 
number  of  fish  caught. 

Q.  You  do  not  suppose  that  reciprocity  made  them  higher ;  it  was  a 
question  of  quantity,  was  it  not  1 — A.  I  should  think  so.  But  1  should 
cousider  'hat  reciprocity  in  times  when  fish  were  scarce  would  equalize 
prices  better,  that  there  would  bo  no  extremely  high  prices. 

Q.  That  is,  there  would  be  a  larger  field  to  draw  from? — A.  Yes,  sir. 

Q.  But  whether  that  would  affect  tl'O  actual  consumer  you  do  not 
kuow,  if  I  understood  you  a  moment  ago?— A.  I  think  it  would  tend  to 
keep  prices  so  that  they  would  not  reach  any  extremely  high  limit. 


retail  trices  to  consumers. 

Q.  But  I  understood  you  to  say  that  you  did  not  know  how  tlieact- 
ual  retail  prices,  to  the  great  body  of  the  people  who  ^o  to  tbo  corner 
groceries  to  get  their  fish,  are  related  tr  the  wholesale  prices  at  wnich 
you  sell  I— A.  Fish  are  not  worth  so  much  in  the  Provinces  as  they  are 
lipre;  if  we  could  import  fish  from  the  Provinces  now,  fish  would  bo 
lower,  I  should  think,  but  not  much  lower. 

Q-  Do  you  think  they  would  be  any  lower  to  you  or  to  me  if  wo  should 
goto  Pierce's  grocery  down  here,  if  there  is  any  such  man — and  I  be- 
lieve tbero  is— and  wanted  to  buy  six  mackerel  for  breakfast  to-morrow 
moriiing1_A.  I  don't  know ;  I  should  think  they  might. 

Q.  You  think  ho  would  fall  accordingly  ? — A.  It  is  pretty  hard  to  tell 
tuat,  but  I  should  think  be  would. 

Q.  Do  you  know  what  is  the  general  custom,  rule,  and  practice  among 
these  retail  men  who  sell  to  families,  whether  they  regulate  themselves. 
P«  jobbers  and  wholesalers  do,  by  the  general  tone  of  the  market,  in  all 


G88 


AMKIUCAN    FISllEKY    INTERESTS. 


goods,  liko  cottous  ami  everything  else,  or  whether  they  hiiven  staiid. 
ard  price,  making  enormous  profits  at  some  times  and  smaller  at  others 
without  regard  to  the  wholesale  price  at  any  time  ?— A.  i  siiould  say 
they  would  lluctuato  with  the  prices  of  the  Avholesalers,  but  not  somiicli 
as  the  prices  of  the  wholesale  dealers. 

Q.  Ilave  you  any  knowledge,  or  have  you  observed  about  that,  oi  is 
that  only  a  logical  deduction  that  you  make? — A.  No,  only  where  I  live 
I  often  ask  the  price  of  lish. 

Q,  You  find  that  the  prices  do  go  up  and  down  some? — A.  Yes.  1 
think  the  fluctuation  with  the  wholesale  and  jobbing  prices  would  aU'ect 
the  consumer  to  a  di-gree,  but  I  do  not  think  the  fishing  interest  is  the 
only  interest  connected  with  this  nuitter.  We  run  steamers  down  East 
and  wo  take  everything — all  lines  of  goods  of  every  descriptiou. 


'  -^  TUADE  KELATIONS. 

Q.  What  is  the  name  of  your  lino? — A.  Yarmouth  Steauiship Com 
pany. 

Q.  To  what  provincial  ports  do  you  go  ? — A.  Yarmouth;  thatistbe 
nearest  i)roviucial  port  to  Boston. 

Q.  Is  Yarmouth  nearer  than  St.  Johu? — A.  Yes,  sir;  Yiuuiouth  is 
about  due  east  from  here. 

Dy  Senator  Saulsbuhy: 

Q.  What  is  the  distance  from  Uostou? — A.  Two  huiulred  audfoit}] 
miles. 

Q.  Ilow  largo  a  town  is  Yarmouth? — A.  About  7,000  or  8,000  iu  j 
habitants. 

By  Senator  Edmunds: 

Q.  What  i)roducts  do  you  bring  chiefly  from  Yarmouth?— A.  fisli, 
lumber,  and  potatoes. 

Q.  Pine  lumber  chiefly? — A.  Very  little  piuo;  about  all  tlieir  piuoj 
lumber  is  shipped  to  the  West  Indies  from  there.  Wo  get  somepiuoj 
from  there,  and  very  little  hard  wood. 

Q   You  get  fish,  lumber,  and  potatoes? — A.  And  spiling-wood. 

Q.  And  what  do  you  send  out  there  on  your  return  vogages?— A.  WaJ 
send  flour,  jneal,  provisions,  and  most  everythi''g.    We  do  not  Lave 
quite  such  a  variety  as  Mr.  DeLong,  but  wo  have  orders  for  everjthiiig.j 
The  business  has  changed  very  much,  however,  within  the  last  tfu 
years.    Before  I  went  into  the  business  my  father  was  dealing  witli 
the  Provinces  about  forty-five  years. 

Q.  Have  you  observed  any  particular  change  in  the  last  four  years^ 
— A.  Noc  a  great  deal,  only  1  think  the  amount  of  manufactured  go 
going  down  is  growing  less. 

CANADIAN  TAllli'F. 

Q.  They  put  on  a  heavy  jjrotcctive  tariftl — A.  They  put  on  a diitT| 
yes,  sir. 

Q.  And  you  think  that  has  caused  a  dimuuition  of  our  exportation 
of  goods  there? — A.  Oh,  very  much  indeed.  I  know  that  the  loweJ 
Provinces  are  very  desirous  to  deal  with  the  TJuited  States;  theyil| 
not  like  Canada.  1  know  they  express  great  dislike  to  tlio  Doniinioi^ 
and  would  rather  deal  with  this  country,  sending  up  their  goods  liert 
and  taking  back  cargoes  of  anything  they  want,  rather  than  to  get  f " " 
thing  from  Canada.    1  know  the  boot  and  shoo  trade  between  here  m 


AMERICAN   FISHERY   INTERESTS. 


fiSO 


tlje  luwcr  Provinces  bos  almost  died  out;  all  tbeir  boots  uud  bboes 
they  {,'et  from  Canada  now,  and  tbeir  dry  goods  and  tbo  larger  part  of 
evcrythinSj  altbougb  tbey  get  more  or  less  bero  of  all  kinds  of  goods. 
Still  the  demand,  of  course,  is  limited.  A  largo  i)art  of  tbeir  flour  tbat 
is  shipped  from  bero  now  is  Canadian  flour;  it  comes  bore  in  bond. 
That  is  on  account  of  tbo  duty  tbere.  If  it  was  not  for  tbo  duty  tbere 
TC  could  sell  tbem  American  flour  al  *  ogetber,  and  tbey  would  ratber 

liavo  it. 

Q.  Aiul  yet  I  suppose  you  know  tbat  a  great  deal  of  Canadian  wbeat 
tomes  to  tlio  United  States? — A.  Well,  I  sbouldn't  suppose  nuicb. 
Does  that  conte  across  duty  paid  If 

Senator  EDMUNDS.  It  comes  across  from  Manitoba  and  is  ground  in 
tbe  United  States. 

Tbo  Witness.  I  did  not  know  tbere  v/as  mucb;  but  I  sbould  tbink 
tliat  the  iini)ortation  of  wlieat  would  bo  a  benefit  to  tbo  Western  country 
instead  of  a  detriment  to  all  tbo  dealers  tbere,  because  it  would  draw 
tlie  trade  into  tbe  United  States  wbicb  goes  to  Canada  now. 

Q.  Yon  tbink  tbat  would  bave  a  tendency  to  diminisb  tbo  Canadian 
production  of  flour,  boots  and  sbocs,  and  all  tbat? — A.  I  tbink  it  would, 
because  the  Canadians  are  not  up  in  nmnufacturing  like  we  are  bere; 
lliey  cannot  compare  witb  us  at  all. 

Q.  And  yet  you  say  tbat  ratber  tban  pay  tbo  duty  on  American  boots 
anil  shoes,  lor  instance,  wbicb  are  very  flne,  altbougb  tbey  are  macbine- 
made,  they  take  tbo  Canadian  manufacture  of  tbose  articles  ? — A.  Tbey 
fed  bound  to  because  tboy  are  so  mucb  less  in  price.  I  forget  bow 
I  much  their  duty  is  now,  wbetber  it  is  17  per  cent,  or  35,  but  you  often 
sec  a  boot  aixl  sboo  store  down  tbere  selling  Boston  goods  entirely, 
!  liaviiig  nothing  but  American  manufactured  boots  and  sbocs. 

Q.  I  understood  you  to  say  tbat  tbo  boot  and  sboo  business  droi)ped 

fl  on  account  of  tbo  Canadian  tarili? — A.  It  dropped  off  almost  en- 
I  tircly,  but  I  know  tbey  buy  more  or  less  boots  and  sboes  from  us  yet. 

A  great  many  of  tbeir  people  will  not  bave  Canadian  goods  at  all. 
There  is  a  certain  demand  for  all  kinds  of  American  goods,  even  witb 
I  the  duties  paid. 

AMERICAN  GOODS  PREFERRED  IN  THE  rROVINCES. 

Q.  It  is  a  question,  is  it  not,  as  to  wbicb  tbe  man  prefers  in  regard 
[to  the  price  be  pays  ? — A.  Yes,  sir. 

Q.  If  bo  would  ratber  pay  $3  for  a  pair  of  American  boots  tban  $li 
[for Canadian  boots,  be  does  it? — A.  Yes,  sir;  1  tbink  American  boots 
[wiilJ  sell  at  a  bigber  price  down  tbere  tban  Canadian,  even  if  about 
Ithe  same  grade. 

I  Q.  Yes;  and  I  suppose  it  is  true,  is  it  not,  tbat,  supposing  tbere  wad 
jnhsolute  free  trade  between  tbe  two  countries,  a  great  variety  of  Ameri- 
|m goods  would  sell  in  Canada  at  a  bigber  price  tban  tbe  same  kind  of 
■  xlsof  Oimadian  manufacture? — A.  I  tbink  so;  tbey  will  pay  a  bet- 
Per  price,  because  tbey  I'ke  tbe  American  manufacture  better ;  tbey  are 
Tl)etter  tinisb  and  are  a  better  stylo  of  goods. 
Q.  Better  made  every  way  ? — A.  Yes,  sir. 

Q-  Made  with  more  skill  and  better  adapted  to  tbeir  purpose! — A. 
1*8)  sir;  tbe  Canadian  manufactures  a^*}  all  rougb. 

By  Senator  Saulsbury  : 
Q-  Do  you  know  wbat  is  tbo  average  duty  upon  sucb  products  of  our 
lonntry  as  go  into  tbe  Canadian  country?— A.  I  think  tbo  lowest  is  17^ 
H.  Ex.  113 U 


GOO 


AMERICAN    KISUIiUY    INTEUKHTS. 


per  cent.     I  liiivc  ii  c()i)y  of  ii  book  down  at  the  storo  that  1  will  let  you 
take,  and  that  will  give  you  sill  8uch  int'oruiution. 
Senator  Edmunds.  We  have  the  Canadian  hiwis, 

DECUEASE  OF  EXPOKTATIONS  OF  l''I«ll. 

The  Witness.  1  might  say  Jiero  that  the  export  of  li.sh  Inw  aliuost 
died  out;  not  altogether  died  out,  but  very  mueh  diminished. 

Q.  IJecauso  before  you  exported  Canadian  lish  which  were  keucii- 
cured  ?— A.  Yes,  sir ;  the  American  method  of  curing  litsh  is  not  desir- 
able. 

Q.  You  have  lost  that  export  trade  because  of  the  dillerence  betwein 
kenchcured  and  pickle-cured? — A.  Yes,  sir.    We  often  brin;,'  up  a  lot] 
of  codlish  from  Yarmouth  and  send  them  south  on  the  Metropoiituu  lino 
of  steamers  to  the  West  Indies.    But  formerly  the  trade  was  from  curj 
American  bouses  hero  direct. 

FREE  Fisn.    . 

I  think  a  treaty  could  bo  made  with  the  Provinces  to  allow  our  goods] 
to  go  in  there  free  by  allowing  free  fish  hero,  and  1  thiidc  it  would  bcasl 
much  benefit  to  the  United  ytates  as  it  would  be  to  the  JJoiniuioii.  11 
cannot  see  how  it  would  very  much  aliect  the  flshornjcn.  Several  ot  tlioJ 
Gloucester  dealers  have  told  me  that  they  are  more  afraid  of  iUh  frouj 
the  Provinces  being  sent  out  West  directly  to  Chicago  than  they  arc  oil 
fish  coming  in  here.  A  man  told  me — I  think  it  was  Mr.  liabsou-tbJ 
if  he  was  sure  of  the  fish  coming  to  Boston  or  Gloucester  through  tliel 
dealers'  harls  here,  and  not  going  out  West,  he  would  not  care  aiijtiiiiigj 
about  it. 

Q.  You  think  that  was  Mr.  Babson,  of  Gloucester  ? — A.  1  tbiuk  tliati 
was  Mr.  Babson ;  it  was  either  Mr.  Babson  or  a  man  with  Mr.  Pew,  I| 
forget  which. 

Q;  W^ho  was  the  man  with  Mr.  Pew? — A.  It  was  one  of  the  geutlemei^ 
who  were  in  Washington. 

Q.  (To  Mr.  E.  R.  DeLong.)  Do  you  think  it  was  Mr.  Babsou ! 

Mr.  DeLong.  I  think  it  was  one  of  the  Cunningham  firm. 

The  W^itness.  It  was  one  of  the  gentlemen  sent  on  to  Washiiigtouj 

C^.  I  suppose  ho  meant  by  that,  so  far  as  ho  was  concerned  individal 
ally,  that  if  they  could  control  tho  whole  business  here  be  would  uo| 
care? — A.  If  they  could  control  the  business  hero  they  would  uotcan 

Q.  That  they  would  make  more  money  under  free  fish  than  they  would 
under  tho  present  state  of  things,  I  suppose? — A.  They  were  only  afraifl 
that,  in  case  of  free  fish,  fish  would  bo  sent  from  tho  producers  iii  tbj 
Provinces  directly  to  the  consumers  out  West  or  to  tho  jobbers  out  WesJ 

Q.  And  that  tho  dealers  hero  would  lose  their  profit?— A.  YeSjSirj 
ho  thought  if  the  duty  was  kept  on  it  would  keep  them  out. 

RELATIVE    ADVANTAGES    OF    BOSTON    AND   TUB    WESTEUN  I'OUTiJ  0| 

DELIVERY. 

Q.  But  as  the  duty  is  tho  same  at  Chicago  or  Detroit  as  it  is  at  Gloa 
cester  or  Boston,  the  Chicago  or  Detroit  man  would  get  his  consignmeij 
direct,  just  as  well  under  tho  duty  as  without  it,  could  ho  not?— A.  " 
could  really;  but  when  a  person  is  sending  goods  through  tbo  coimti 
in  that  way,  and  there  is  a  duty  on  them,  there  is  a  great  deal  moij 
trouble,  expense,  &c.,  in  getting  them  there. 


AMERICAN    FISHERY    INTEUESXy. 


cm 


y,  llow  is  it  any  moro  trouble  and  t'xj)ciisc  to  pay  duties  at  Detroit 
ami  Chita  {JO  tbau  it  is  at  Boston? — A.  Sujjpose  the  lish  p>  thiongh  on 

niilioad  and  pass  tliroufjli  some  intonnediato  port  on  the  line- 

Q.  You  know  that  Chicago  is  a  port  oi'delivery,  and  so  is  Saint  Louis; 

(H)  it  could  not  make  any  dillerence  so  far  as  that  is  concerned,  couhl 

il!-A.  I  think  it  could. 

Q.  How? — A.  For  instance,  there  is  a  merchant  in  Saint  Louis  whose 

goods couio  to  him  in  bond  at  the  custom-house;  he  has  to  j)ut  those 

goods  tlirough  the  custom-house.    Supposinj?  he  lias  oidy  three  or  lour 

barrels,  it  will  cost  him  from  25  to  50  cents  a  barrel  to  do  il,  wlu>reas 

iftlieyiire  free  goods  they  are  entered  by  the  railroad  con)])any  and  go 

tlirou{;li  just  the  same  as  they  would  to  Dostou  or  New  York. 

Q.  But  I  am  on  the  point  of  the  tarift'  as  it  is  now.    Mr.  JJabson — 

taking  liiui  to  bo  the  niJin  you  refer  to — wants  to  keej)  it  so  because  it 

will  keep  Canadian  goods  from  coming  to  our  people  in  any  case.     My 

jwiiit  is  Avhethcr  it  would  make  any  diflerence,  with  the  lawstanding  as 

it  now  does,  whether  the  goods  were  sent  to  the  Saint  Louis  or  Chicago 

port  of  delivery  in  bondafter  they  had  crossed  theliuo  atPortllurou,  so 

farasthe  duty  is  concerned,  instead  of  coming  here,  the  custom-house 

laws  and  regulations  being  jirecisely  the  same! — A.  If  you  had  been 

tliron{;li  the  custoui-houso  you  would  know  the  reason. 

Q.  1  wish  you  would  tell  it  to  me. — A.  A  n:an  in  Saint  Louis  perhaps 

ordeislO  or  15  barrels  of  fish,  and  he  probably  knows  nothing  about 

tlie  customhouse  rnles  and  regulations;  the  custom-house  business  has 

to  pass  through  the  hands  of  difterent  clerks,  and   may  consume  a 

couple  of  hours,  c**  else  it  will  cost  him  something  to  get  somebody  to 

atteud  to  it  for  him. 

Senator  Edmunds.  That  I  can  understand. 

The  Witness.  But  if  they  go  through  free  the  entry  is  made  at  the 
border,  and  the  goods  are  delivered  thosame  as  they  are  here. 
Q.  Yes;  but  if  they  are  free  at  Chicago  or  Saint  Louis  the;^  are  free 
here?— A.  Yes,  sir. 

Q.  Then,  being  free,  what  is  to  hinder  the  Chicago  and  Saint  Louis 
men  from  getting  their  fish  directly  from  the  Banks  instead  of  from 
lieret— A.  Nothing  at  all. 

Q.  They  stand  on  equjil  ground,  the  Saint  Louis  and  Chicago  men, 

with  the  Boston  men  ? — A.  Not  exactly ;  a  Boston  inan  receives  a  whole 

cargo  of  lish,  one  or  two  thousand  barrels ;  if  that  uiany  fish  were 

'     L'dfroin  llaUfax  to  western  ports  of  delivery  they  would,  iierhaps, 

teshipped  to  fifty  diflerent  people,  and  each  of  those  persons  would  be 

iblijjedto  go  to  the  custom-house,  pay  duty,  and  spend  time. 

Q.  That  is  a  question  of  concentration  of  business? — A.  Yes,  sir. 

h  receivers  of  fish  here  who  would  have  the  large  cargoes  would  put 

icir  cargoes  through  the  custom-house,  knowing  all  the  ins  and  outs 

Mwhat  is  required;  whereas  the  man  out  West  who  takes  fish  as  a 

Md  of  supplementary  article  to  his  general  business  knows  nothing 

ibout  the  custom-house  ways  of  transacting  business,  and  has  either 

t  to  make  inquiries  and  spend  time,  or  else  get  some  clerk  or  broker 

doitforhiin. 

OUSTOM-UOUSE  BROKERS. 

Q.  Do  your  people  here  attend  to  their  own  business  with  the  custom- 
lOttse  directly,  or  do  they  employ  a  broker? — A.  We  attend  to  it  our- 

flvjs. 

Q.  Most  of  the  large  houses  do  ? — A.  A  good  many  do, 


>m 


Mi 


no2 


AMERICAN    FISHERY    INTEREST  5. 


Q.  A  good  iiiiuiy  havo  a  man  in  their  om[)loy  for  that  puiposol— a 
Yes,  for  nothing;  clso;  but  as  for  ourselves  wo  put  everything  through 
ourselves. 

Q.  You  do  not  employ  any  broker? — A.  No,  sir.  We  havo  so  many 
entries  at  the  custom-house  that  we  are  pretty  well  acquainted  with  it. 


TESTIMONY  OF  CAPT.  H.  B.  JOYCE. 

'■  "  Gloucester,  Mass.,  October  i,  im. 

Cax)t.  n.  B.  JOYCE  sworn  and  examined. 
By  Senator  Edmunds: 

Question.  "What  is  your  age? — Answer.  Thirty-nine. 

Q.  Where  do  you  reside  ? — A.  Portland,  Me. 
'    Q.  What  is  your  occupation  ? — A.  Fisherman.  * 

Q.  Of  what  vessel  are  you  in  command  at  this  time,  if  any?— A.  Tbo 
steamer  Novelty.  * 

Q.  Uow  large  a  vessel  is  that? — A.  Two  hundred  and  niiioty-seviD 
tons  gross. 

Q.  How  long  have  you  been  in  command  of  her? — A.  I  had  lier  tlio  j 
first  of  September  last  year. 

Q.  Uad  you  been  engaged  in  fishing  before  that  time? — A.  Yes,  sir; 
always  since  1  was  old  enough. 

Q.  What  kind  of  fishing? — A.  Up  to  the  age  of  twenty  I  was  mixed! 
in  with  both  cod  and  mackerel  fishing  in  the  season,  and  sitico  that  l| 

have  followed  mackerel  fishing  altogether. 

•  ■ 

three-mile  limit. 

Q.  Where  did  you  fish  for  mackerel?— A.  Usually  in  tlio  Bay  o^ 
Fundy  And  along  the  coast  of  New  York  and  New  Jersey. 

Q.  Did  you  fish  up  there  in  provincial  waters  during  the  existeucoofl 
the  treaty  of  Washington,  from  1873  to  1885?— A.  I  was  there  in  18?( 
for  three  weeks;  I  was  there  in  1878  for  seven  weeks;  I  was  there iij 
1880  for  five  weeks ;  and  I  was  there  in  1883  for  two  weeks. 

Q.  Was  that  the  last  time  yon  were  there  in  a  sailing  vessel?— A. 
was  there  this  season  about  eight  weeks,  I  think,  altogether,  iucliidiu^ 
the  passages  homo . 

Q.  Before  last  year  you  were  in  a  sailing  vessel,  I  suppose.— A.  Y« 
sir. 

Q.  During  all  these  years  you  havo  named  where  did  you  get  joii 
fish  up  there,  as  respects  the  inshore  three-mile  line?— A.  I  imajiiii 
I  didn't  fish  much  different  from  the  way  we  fished  this  year.  \\1 
fished  anywhere,  and  didn't  take  any  notice.  This  year  we  haveiil 
fished  within  that  three  miles,  so  far  as  I  know. 

Q.  A  sea-faring  man  can  judge  tolerably  well,  can  he  not,  whether  I 
is  inside  or  outside  of  that  limit?— A.  If  ho  takes  the  trouble  ho  c;^ 
measure  from  his  vessel,  but  it  is  quite  a  little  operation;  you  have  I 
make  a  line  and  get  your  bearing,  and  work  it  up  by  table,  aucl  if  a  mij 
is  very  busy  he  wouldn't  take  the  time.  i 

Q.  Canyouuot  judgebythe  eyei>retty  well?— A.  We  cau tell witli| 
half  a  mile. 


AMERICAN   riSTIERY   INTERESTS. 


cm 


Q.  If  you  allowed  half  a  mile  for  errors  you  would  feel  pretty  sure 
uj  to  your  locality,  whether  it  was  inside  or  outside  f — A.  Yes,  sir. 

Q.  What  proportion  of  the  llsli  you  took  up  there  this  last  year  did 
voii  tako,  or  what  proportion  do  you  know  of  beinp:  taken  by  other 
iislicrmen,  inside  of  the  three-mile  limits? — A.  I  don't  snpi)ose  over  a 

tenth  part. 

BAIT. 

Q.  What  has  been  your  way  of  getting  bait  for  cod  1  You  do  not  fish 
for inackcrol  with  bait  now,  1  believe'?— A.  All  the  flshing  I  ever  <lone, 
what  wo  call  IJank  fishing,  was  always  done  with  salt  bait,  and  1  think 
that  18  mostly  used  now.  Jt  is  cheaper  and  saves  time,  and  as  a  rule 
the  fishermen  get  as  many  fish  as  with  fresh  bait. 

Q.  Then,  if  I  understand  you,  there  is  really  no  object  in  going  into 
the  British  ports  up  there  for  the  purpose  of  getting  bait? — A.  Our 
mackerel  fishing  is  nearer  the  coast,  and  it  is  ofttMi  necessary  to  go  in- 
sidn  for  shelter  in  bad  weather. 

Q.  lam  not  speaking  of  shelter;  I  am  speaking  of  bait. — A.  <),  no, 
sir;  wo  don't  liavo  any  occasion  to  get  bait  up  there. 

THE  CASE  OP  THE  NOVELTY. 

Q.  Now,  tell  us  your  experience  with  the  Novelty  this  year;  how 
many  voyages  you  liave  made,  where  yon  fished,  what  liappened  to  you, 
and  so  oil  ? — A.  Wo  started  from  Portland  the  Jst  or  2d  of  July,  I  think, 
ami  wont  to  the  Gulf  of  St.  Lawrence  for  mackerel.  At  that  time  it 
liad  bpcii  circulated  in  the  newspapers  that  w^e  could  buy  supjilies  of 
one  kind  and  another  there  without  any  restriction  ;  so  we  left  tliis  coast 
to  go  up  there  with  only  the  balance  of  ice  and  coal  that  had  been  left 
on  11  cruise  on  this  coast,  and  we  were  some  thirty  to  forty  tons  short  of 
coal  of  what  we  ^leeded,  and  with  only  ten  to  fifteen  tons  of  ice  when 
weoiif;lit  to  have  had  thirty  tons.  Wo  went  directly  to  Pictou  to  get 
coal,  and  went  to  the  dock,  not  apprehending  any  trouble.  It  was  Do- 
minion Day  when  wo  got  there,  so  all  business  wis  closed  that  day. 
Ilie  next  day  I  went  to  the  custom-house,  and  they  gave  me  warning,  as 
tliey  call  it,  and  I  was  notified  that  we  could  not  get  coal  or  anything 
else,  and  that  we  must  proceed  to  sea  within  twenty-four  hours  from  the 
I  time  we  got  our  warning. 

Q.  What  kind  of  papers  did  your  vessel  have  ? — A.  A  fishing  license. 

Q.  Was  that  all? — A.  1  had  a  permit  to  touch  and  trade;  I  carried 
Itliatovcr  to  the  custom-house,  but  they  did  not  recognize  it;  they  said 
Itlie United  States  had  no  authority  to  claim  any  privileges  of  that  kind 
jforopr  vessels. 

j  0.  You  did  not  have  any  clearance  from  Porthunl  or  Gloucester  to 
[Pictou !— A.  No,  sir;  except  simply  that. 

Q.  Did  you  get  the  coal? — A.  No,  sir;  wo  went  away  without  it. 
jWo,  went  to  Cape  Prince  Edward's  Island  to  a  telegraph  oflice  and  re- 
jported  to  the  custom-house  here,  and  telegraphed  to  the  Department  at 
lOttawa  to  know  if  we  could  not  have  coal  delivered  us  outside  of  the 
|lirep  mile  limit ;  we  did  not  get  any  answer  to  that.  Parties  there  were 
pry  anxious  to  furnish  coal  to  us,  of  course  expecting  pay  for  it;  one 
pi  hud  a  vessel  load  of  coal  there,  and  ho  said  ho  would  deliver  us 
N  outside  the  three  miles  if  he  couldn't  inside,  and  in  case  that  was 

'"itrary  to  law  he  would  tako  it  over  to  Magdalen  Island  for  us.    The 

aptain  of  the  cutter  there  informed  mo  that  Magdalen  Island  was  a 
prw  port  and  that  wo  oould  buy  and  trade  there.  ,So  I  made  arrange 


I 


()04 


AMERICAN   FISIIIiRY    INTKHESTS. 


merits  to  that  effect,  luid  went  oil'  to  the  flwliiii;;  KroundH,  .md  waited  a 
week  or  ro,  bi:t  our  supply  of  coal  beiiiK  so  short  wo  couldn't  wait  very 
long.  Afi  er  wo  fjot  a  fare,  and  the  coal  not  yet  having  conic,  wo  Iwugbt 
some  twelve  or  flftccn  conls  of  wood  to  nuike  our  coal  go  us  far  as  poHni- 
bic,  and  in  that  way  wo  nuinag'xl  to  have  enough  to  g(it  liomowitli. 
When  wo  got  homo  wo  took  in  all  the  coal  and  ico  we  coidd  ('?xrry. 

Uy  Senator  FiiYE: 

Q.  The  second  tinio? — A.  Tho  second  tinio. 
J5y  Senator  Edmunds: 

Q.  Did  you  deal  at  any  Canadian  place  on  that  second  trii>T— A..  Yos 
wo  were  in  two  or  three  i)lace8,  and  in  every  instance  wo  wont  to  tilt' 
cuHtoni-houHO  and  reported.  At  Boston  I  notified  tho  nian  of  whom  I 
had  agreed  to  take  coal  delivered  at  Magdalen  Island  that  1  would  call 
at  Magdalen  Island,  and  if  ho  was  there  would  take  all  tho  coal  wn 
could  get.  But  when  wo  got  there  wo  found  u  vessel  tiioro,  and  wo 
were  notified  that  wo  couldn't  have  any  more  privileges  there  Uian  any- 
where  else. 

Q.  Is  there  a  British  custom-house  at  Magdalen  Island  ?— A.  Yes, 
sir ;  they  have  two  or  three  custom-houses.  They  have  a  custoinlioiise 
at  almost  every  place  that  has  anchorage.  So  I  told  the  party  that 
I  would  tako  the  coal  of  him  if  ho  would  take  it  outside  tho  three  mile 
limits,  but  ho  seemed  to  fear  that  he  might  bo  compromised  in  some 
way  if  ho  did  so,  and  wo  went  off  without  it.  Wo  managed  to  get  a 
small  faro  that  time  without  using  all  tho  coal.  Wo  fished  in  tho  pit 
twelve  days  on  the  last  two  voyages. 

Q.  Did  you  meet  with  any  further  difficulty  than  the  three  instaiicoa 
you  have  spoken  of! — A.  Wo  went  back  agairi  on  the  fourth  voyage, 
and  on  account  of  some  neglect  on  tho  part  of  tho  dealers  in  l]o8ton  w 
didn't  have  as  much  coal  as  wo  had  been  carrying.  We  found  after  we 
had  been  there  a  week  that  wo  were  not  going  to  have  much  time  tn 
stay  with  what  we  had,  and  so  I  had  an  idea  that  I  could  get  around 
them  any  way  and  would  get  some  more  coal.  But  the  authorities  mis- 
irusted  something  oi  the  kind,  and  the  new  cutter  met  us  and  ordered 
ns  not  to  transship  any  cargoes  in  British  waters  nor  to  touch  at  any 
Canadian  port  whatever ;  if  we  did  our  vessel  would  bo  seized.  There  i 
wasn't  much  of  anything  there  to  stop  for,  and  so  we  came  home  and 
haven't  been  there  since. 

Q.  What  did  you  understand  him  to  mef-n  by  "  British  waters"— in- 
side tho  threemilo  limit,  or  anywhere  in  tho  Gulf  of  St.  Lawrencet- 1 
A.  He  intended  to  convoy  tho  meaning  to  mo  that  ho  meant  anywhere 
in  the  Gulf  of  St.  Lawrence;  what  ho  had  to  back  it  up  with  I  don't  I 
know. 

Q.  That  is  what  you  understood  him  to  mean! — A.  That  is  wh»tl| 
understood  him  to  mean,  although  ho  might  have  laeant  to  mislead  mo.j 

Q.  What  was  tho  name  of  that  cutter?— A.  Tho  one  they  bought  in 
New  York.    I  didn't  see  any  name  on  her,  but  1  believe  she  is  called  iLoj 
Acadian. 

Q.  Do  you  remember  tho  name  of  tho  captain? — A.  Ilisuamcwasj 
Scott,  I  think.    lie  didn't  come  aboard;  he  hailed  ns.  j 

Q.  How  far  were  you  from  land  at  that  time  ?~A.  We  were  in  the  j 
Strait  of  Canso,  probably  half  a  mile  from  land. 

Q.  Ho  met  you  passing  through  tho  stniit  at  tho  time?— A.  Yes,  sir.j 

Q.  Under  way? — A.  Yes,  sir;  ho  followed  us  part  way  through. 

Q.  Does  your  vessel  carry  sails  so  that  you  couhl  sail  horincaseyonj 


AMERICAN   FISIIKUY   INTERESTS. 


(IDf) 


ffero  witliont  coal  I — A.  Not  ouoiij^li  (o  iiisiko  mndi  headway;  wo  were 
nriicticiilly  lielples-s  without  coal. 

1).  Tlio  cod  you  were  li.shin<(  for  are  taken  at  the  HankH  more  tlian 
thriH"  iiiih'M  oil'  Hhoro,  are  they  not  I — A.  It  is  lianlly  iu  Hifxh-tof  land. 

Q.  llow  many  in  your  erewi — A.  Altogether  from  .{5  to  40. 

q!  How  many  tons  burden  is  your  voHselt — A.  Two  hundred  and 
Diiicty-sevcn  gross. 

COST  OF  VESSELS,  AND  WAGES. 

Q.  What  does  it  cost  in  round  numbers  to  build  a  vessel  ready  to  sail 
on  a  fisliing  cruise  t— A.  Mine  cost  $;J0,000. 

(>.  What  would  bo  the  cost  of  a  7C,  80, 90,  or  100  ton  schooner,  sue  h  as 
isonliiiarily  uscdt— A.  All  tho  way  from  $8,00(>  t(»  $10,000. 

Q.  Are  your  men  on  ynur  vessels  paid  on  shares  1 — A.  Yes,  sir. 

Q.  Wliiit  share  does  an  ordinary  crow  get ! — A.  They  usmilly  take 
bl'l',  but  they  pay  certain  bills  out  of  their  part.  In  our  own  case  thoy 
fiiniish  llieir  own  board  and  bait,  and  i)ay  tho  wages  of  the  cook  .  .<! 
liroiiicii,  because  that  pertains  to  their  part;  and  then  tho  vessel  .  ir- 
iiislii's  the  steam  fishing  outfit. 


THREE-MILE  LIMIT. 

Q.  Suppose  the  treaty  ha<l  still  been  in  force,  so  that  you  would  not 
I  li;iv(,l)('i'ii  embarrassed  within  tho  three-mile  limit,  wouhl  j'ou,  so  far  as 
I voii  iiiidcrstand  tho  fishing  this  year,  have  fished  in-shore  to  any  ex- 
ttiit?— A.  1  don't  think  I  could  with  any  i)rofit.  I  might  have  done  so, 
jlKMaiisosoinetimes  it  is  more  convenient  to  fish  inshore,  but  if  wo  go 
1  further  out  we  are  very  apt  to  find  it  better.  In  fact,  the  bestfish- 
I  ill);  ill  tlic  (liiir  of  St.  Lawrence  this  year  was  from  5  to  15  or  20  miles 
I  off  sliore. 

TRESERVI-IG  FRESU  I'ISU  IN  ICE. 

Q.  Ilow  long  does  it  take  your  steamer  to  como  from  Magdalen  Isl- 
laiiils  to  (Houcester;  take  an  average  voyage?— A.  Wo  generally  uso 
I  about  four  days,  but  wo  are  obliged  to  save  on  coal.    Wo  could  make 

III' ilistauce.  in  four  days  with  much  less  coal  than  in  three. 

Q.  What  would  be  tho  average  tiiiiO  if  you  had  plenty  of  coaH — A. 
[Aliout,  three  days  if  wo  had  plenty  of  coal. 

Q.  Do  you  bring  in  your  fish  fresh  ■?— A.  Wj  did  ours.  Our  vessel 
|w;is  fitted  for  that  purpose. 

Q.  What  is  the  contrivarico  you  have  for  that  purpose  ? — A.  It  is  a 
\mm  of  slielves,  from  tho  bottom  to  tho  deck,  to  run  tho  fish  on.  taking 
|lluiii  from  tho  water-line.  When  wo  get  ono  set  full  it  is  takeii  away, 
i  wo  rim  on  another,  and  so  on  until  wo  fill  tho  space  full.  Tho  space 
|will  hokl  from  GOO  to  1,200  barrels. 

Q.  How  thick  will  they  lie  on  those  shelves ;  how  deep  ? — A.  About  18 
liiichos. 

Q.  Then  you  have  those  shelves  surrounded  by  ico? — A.  With  ice  at 
I'lie  bottom,  and  usually  one  or  two  courses  of  ice  between  and  arouud 
iipwlges,  loo. 

Q-  Have  you  found  by  experience  that  that  keeps  them  in  good  c^a- 
ilitioii!— A.  It  keeps  them  first  rate.  Tho  first  wo  I  rought  hero  we 
IwoiiKlit  in  (he  days,  and  tliev  compared  favorably  with  those  taken  the 

Q-  What,  is  the  ordinary  length  of  a  schooner's  voyage  from  Magdac 
N  Islands  here  ?— A.  I  think  somewhere  from  eight  to  ten  days. 


iU» 


G96 


AMERICAN   FISHERY    INTERESTS. 


Q.  Do  they  bring  fresh  mackerel  that  far  ?— A.  I  have  ouly.Leard  of 
one  instance,  and  tlie  fish  in  tbat  case  arrived  in  very  poor  order.  Tue 
inhabitants  there  ship  their  fish  overland.  By  that  means  they  arrive 
in  the  market  in  very  good  condition.  If  they  had  .any  facilities  and 
were  used  to  it,  they  could  get  tliem  around  here  in  less  than  four  days. 
"Wo  cannot  do  that  on  account  of  the  restrictions. 

TEANSSnirMENT   OF  FRESH  FISH  OVERLAND. 

By  Senator  Frye  : 
Q.  You  used  to  transship? — A.  Oh,  yes. 
By  Senator  Edmunds  : 

Q.  You  have  been  in  the  habit  before  of  landing  your  fisli  up  there  I 
and  sending  thein  around  by  rail? — A.  Y'es,  sir.  j 

Q.  Where  did  you  usually  land  them?— A.  At  a  place  called  Poiuti 
du  Chene,  the  terminus  of  the  Intercolonial  road. 

Q.  How  far  is  it  from  the  fishing  grounds  into  Point  du  Chcnc  1  Um 
far  is  it  from  Magdalen  Islands? — A.  It  is  much  nearer  tlio  fisLin;' 
grounds  than  Magdalen  Islands.  The  fishing  grounds  are  on  the  north 
side  of  Prince  Edward  Island. 

Q.  So  it  makes  a  short  run? — A.  Yes,  sir;  it  is  very  convenient  tlicrc, 

Q.  How  much  does  it  cost  per  hundred  i>oimd8  to  send  fresh  fisli  from  ] 
Point  du  Chene  to  Boston  ? — A.  I  think  about  80  cents  a  barrel. 

Q.  In  that  case  the  fresh  fish  are  put  into  barrels  ? — A.  Yes;  or  boxes.] 

Q.  With  ice?— A.  With  ice. 

Q.  And  those  barrels  are  headed  up  so  as  to  hold  the  ico  and  other  j 
contents  tightly,  I  suppose;  or  are  they  allowed  to  leak !— A.  They } 
ship  them  in  flour  barrels  and  boxes,  and  they  must  leak  more  or  less, 

Q.  The  continuance  of  tho  treaty  would  be  an  advantajjc  to  tlicj 
mackerel  fisheries  in  the  Gulf  of  St.  Lawrence  in  respect  of  thetlshcrj 
men  being  able  to  send  their  fish  by  rail  to  Boston,  assuming  tliJit  tlKvl 
had  not  any  right  to  send  tlieir  fish  in  that  way  now?— A.  Asfarasl 
salt  fish  go,  I  don't  thiidc  it  would  make  any  difterence. 

Q.  I  am  speaking  of  fresh  fish. — A.  It  would  enable  us  to  liave  anj 
equal  chance  with  them.  As  it  is.  they  have  tho  advantage  of  tlic  rail] 
road,  which  is  denied  us. 

Q.  Under  duty  you  stood  equal  in  that  respect,  for  the  reason  that] 
you  could  ship  an(l  they  could  ship,  and  neither  of  you  i)aid  any  dut.v.f 
Wlien  they  ship  salt  fish  to  come  that  way  they  have  to  pay  a  diit.vj 
but  they  ship  their  fresh  fish  now  with  .an  .advantage,  of  course.— A.| 
There  is  no  occasion  (o  ship  salt  fish^  because  they  keep  well  enough. 

Q.  It  is  cheaper  to  bring  them  homo  in  the  vessel  than  it  would  1)6| 
to  send  them  around  by  vail? — A.  About  as  cheap,  ^es. 

HALIBUT  AND  HERRING. 

Q.  Is  there  .any  halibut  fishing  up  there  within  tho  threcrnilo  liniij 
that  would  amount  to  anything?— A.  1  don't  think  there  is  a  grea^ 
deal.  They  did  some  fishing  about  tho  isle  of  Anticosti  and  about  St. 
Paul's  Island,  but  the  best  halibut  are  caught  on  the  Biinks  in  ver; 
deep  w.ater. 

Q.  They  get  a  great  many  on  tho  coast  of  Labrador  nowadays,  do 
they  not?  Do  you  know  how  far  off  shore?— A.  I  don't  Know  nrnclij 
about  th.at.       .  , 

Q.  Do  you  know  .anything  about  the  herring  fishery  np  tlierel-Aj 
Very  few  of  our  vessels  fish  for  herring;  I  don't  know  of  any.  As  9 
rule,  tho  herring  are  all  caiight  by  tho  inh.abit.anta  on  the  shores  tnerej 


AMERICAN   FISHERY   INTERESTS. 


697 


REFRIGERATOR  PROCESS. 

By  Scuator  Frye  : 

Q,  When  you  brought  in  your  cargoes  of  fresh  ilsh  where  did  yon 
selltbcm?— A.  In  Boston. 

Q,  What  did  you  get  for  cod  ? — A.  Wo  brought  no  cod ;  our  vessels 
brought  mackerel. 

Q.  What  did  you  get  for  them  ? — A.  Wo  got  7  cents  apiece.  It  takes 
about  290  lor  a  salt  barrel,  which  brings  the  price  somewhere  lii  the 
leijjborliood  of  $20  a  barrel. 

Q.  Wliat  do  they  do  with  the  fresh  mackerel  in  Boston? — A.  They 
rji-iet them  in  Boston,  Kcw  York,  and  the  manufacturing  towns,  r.nd 
idou't  doubt  but  they  ship  them  as  far  west  as  Chicago. 

Q.  Is  there  any  difticulty  about  shipping  those  fresh  fish  all  over  the 
country  in  refrigertitor  cars?~A.  Oh,  no,  if  they  can  get  them  below  the 
(reeziug  point;  but  in  hot  weather  it  is  difficult  to  keep  them  enough 
Mow. 

Q,  But  they  do  send  them  all  over  the  country  in  that  way,  do  they 
not?— A.  Yes,  sir;  they  do  in  the  winter  when  the  weather  is  favor- 
able. 

EFFECT  OF  DUTY  ON  GGJ^tJUIuER. 

Q.  Do  you  know  anything  about  tlie  retail  prices  of  these  mackerel! — 
|A,  We  sold  our  first  faro  for  7  cents,  and  they  were  retailed  for  25. 

Q,  So  far  as  you  know  is  the  retail  price  aftected  at  all  by  the  prices 
[jouget?— A.  1  don't  think  it  is. 

Q,  Then  if  there  was  no  duty  on  fish,  would  it,  in  your  opinion,  make 
[aaj  difference  in  regard  to  the  price  which  the  consumer  pays  for  his 
!-A.  I  don't  see  how  it  could.  The  supply  is  short  anyhow  this 
|8ea,«on,  and  perhajis  will  be  for  years, 

Q.  Take  it. in  an  ordinary  season,  and  would  the  duty  make  any  dif- 
jfereuco  in  the  price  paid  by  the  consumer  ? — A.  I  don't  see  how  it  could. 
Illie  difficulty  with  the  market  for  fresh  fish  is  that  we  can't  get  any- 
Itliingfor  them  hardly;  we  have  sold  t'>'^r:i  as  low  as  25  cents  a  barrel^ 
land  in  the  best  condition  too.  But  this  year  they  have  been  very 
JKarce,  and  the  price  has  been  correspondingly  high,  and  very  few  peo- 
Iple  could  use  them.    Wo  have  taken  all  that  could  be  had. 

By  Senator  Edmund.s: 

Q.  Twcnty-fi^e  cents  a  barrel  would  be  how  much  apiece? — A.  It 
"il  be  considerably  less  than  a  cent  apiece;  it  would  bo  about  seven 
[ofeightfor  accnt. 

Q.  There  are  two  or  three  hundred  fish  in  a  barrel,  I  suppose? — A. 
|fe,  sir. 

Q.  These  fush  that  you  got  7  cci.ts  apiece  for,  that  were  put  up  on 
fliesc  shelves  that  you  have  described,  were  they  great  and  small  just 
18  joii  took  them  out  of  the  sea  ? — A.  They  ran  very  nearly  JiU  one  size. 

Q.  What  grade  would  you  call  them  by  the  numbers  they  have  in 

Oboston  market? — A.  They  were  about  the  size  of  No.  1  mackerel. 


PURSE-SEINES. 


Ey  Senator  Frye  : 
Q-  You  use  the  purse-seine,  do  you  not? — A.  Yea,  sir. 
I Q'  Is  it  not  rather  difficult  and  dangerous  to  use  the  purse-seine 
Titliiii  three  miles  of  the  Canadian  shore-line  ? — A.  It  is  tlangerous  for 


008 


AMERICAN   FISHERY   INTERESTS. 


tbo  seiue,  but  parties  that  are  usoil  to  it  and  uudcrstand  tlio  tides  i;au 
fish  iu  quite  shoal  water.  lu  other  iustaaccs,  however,  parties  who 
might  be  called  experts  lose  their  seiues  entirely. 

By  Senator  Edmunds  : 
Q.  IIow  deep  into  the  water  do  those  purse-seines  go?— A  Tlicv 
take  bofctoui  at  130  to  140  feet.  -J 

Q.  From  20  to  25  fathoms  ?— A.  Yes,  sir. 

By  Senator  FrcYE : 
Q.  Do  these  purse-seines  close  over  a  school  of  mackerel?— A.  Ob,  no 
sir;  it  is  just  the  same  as  a  web  of  cloth.  You.  take  one  end  over  ami 
take  the  other  end  around,  and  it  makes  a  circle  around  tlio  e(l<?e  of 
the  fish ;  then  it  sots  up  edgewise,  because  one  side  is  floated  and  the 
other  sinks;  the  leaded  side  has  a  gailiering  string,  a  purse  line,  ami 
that  is  drawn  at  both  ends  until  tlieymeet;  then  after  tiio  ciicleis 
completed  it  is  pulled  until  the  bottom  is  closed  togetlier  and  tlu;  wliolo 
seine  is  bowlsliaped,  with  the  iish  in  the  bowl. 

COMPARATIVE    COST   OP  nsniNG    BY  AMERICANS  AND  CANADIANS. 

Q.  What  are  tlio  reasons  why  American  fishermen  cannot  coiiipcto 
with  Canadians  in  this  fishery  business  up  thcve? — A.  Tliose people  up 
there  do  most  of  their  fishing  from  shore ;  besides  being  fislienneii  they 
are  usually  farmers ;  their  fishing  is  done  with  hooks  nioniinjj  anil 
evening,  while  during  the  middle  o.      ">  day  they  attend  to  their  crops. 
They  tiike  these  little  boats,  tL.4f;  v-v..>  cost  from  $10  to  $15  apiece  ami  I 
carry  three  or  four  men,  and  go  ollshoro  and  fish  mornings  and  eveiij 
ings.    The  fish  np  there  don't  bite  in  the  middle  of  the  day  any  better  j 
than  they  do  in  a  brook  or  pond.    They  salt  the  fish  that  tlicy  catcliin  j 
this  way,  and  the  business  is  carried  on  in  that  way  all  along  the  coast,  J 
except  tliat  in  the  spring  they  fish  with  gill-nets.    Tlicy  have  fished 
there  for  years  witli  nets  in  much  the  same  way  I  have  described,  aiulj 
tlioso  fish,  after  being  salted,  are  sent  to  our  market. 

Q.  Then  tlieir  fi.sh  do  not  cost  Uicm  so  much  as  yours,  do  they?— A. j 
Not  so  much. 

Q.  IIow  do  their  vessels  compare  witliours  in  cost? — A.  I  tliiaktheyj 
get  their  vessels  np  about  30  per  cent,  cheaper  than  ours;  but  theothcrj 
expenses  they  have  are  not  so  different  from  ours,  only  they  can  get] 
their  crews  cheaper. 

Q.  IIow  much  cheaper  do  they  get  their  crows? — A.  I  think  theyaii| 
man  their  vessel  for  GO  per  cent,  of  what  w     ;;iii  man  ours  for. 

Q.  IIow  about  their  living? — A.  They<i  »■'"  !^/eas  well  asourpeoj 
pie.  Our  fishing  people  come  in  contact  \.  '<  '  'loso  who  live  iu  maim-! 
tacturing  towns,  and  of  course  our  fishing  ^<  -.•  ^  want  to  live  as  well| 
as  anybody  else,  and  if  they  can't  do  it  by  fishiu^,  iUey  wrjit  to  dosoiiiej 
thing  else. 

B(*UNTIES. 

Q.  Do  they  not  pay  bounties? — A.  I  understand  they  do  iu  some  ofl 
the  lower  Provinces  from  that  $5,500,000  that  they  got  from  us;  Idon'lj 
know  just  how  much  tho  bounty  is. 

SHARES. 

By  Senator  Edmunds  : 
Q.  Are  not  tlio  fishermen  employed  o:i(lieir  vcs.sols  paid  on  shares  ?• 
A.  Similar  to  ours;  in  fact  they  are  the  s.imo  men.    TheviMigafjeiiitli^ 


AMERICAN  FISHERY   INTERESTS. 


noo 


i  jiine  !)usiness  hero  as  boys  and  grow  up,  and  if  they  do  not  settle 
here,  thi^y  go  homo  and  get  vessels  tbere  and  carry  the  business  on  in 

I  tha^  way. 

Q,  The  owner  of  the  vessel,  when  the  cargo  is  brought  in  up  there, 
I  takes  the  whole  cargo  and  sells  it,  and  the  crews  get  their  share? — A. 

I  Yes,  sir. 

Q.  h  bo,  or  not,  usually  a  man  who  has  a  store,  where  he  sells  to  the 
ainiliesof  the  fishermen  what  they  want? — A.  Yes,  sir;  that  is  mainly 
I  the  case  about  the  Labrador  coast. 

Q,  That  is  the  case  around  the  Bay  of  Ohaleur  ? — A.  Yes,  sir. 

Q,  And  those  people  are  usually  in  debt  to  the  storekeepers,  are 
Itheynotf— A.  Yes,  sir;  they  are  a  more  dependent  class  than  our  fisli- 
lennen,  aud  do  not  coujparo  with  them  at  .all. 

Q.  Are  the  lower  Province  people  chietiy  of  English  or  Scotch  de- 

icentJ  Most  of  those  on  the  other  side  are  of  French  descent. — A. 
[Most  of  those  Provinces  were  settled  by  tho  French  to  some  extent,  and 
ICapeBreto  ,  I  understand,  was  settled  largely  by  the  Scotcli  who  were 
Imruedout  by  the  landholders  in  Scotland.  Jn  Prince  ICdward  Island 
jtlierc  arc  a  great  many  of  Scotch  descent. 

FREE  risn. 

By  Senator  Frye  : 

Q.  According  to  your  experience  as  a  fisherman,  what  has  Canada 
Itogiveusfor  a  free  market  for  her  fish?— A.  I  will  tell  you  what  the 
Iconiity  treasurer  of  Kichmond  County,  Capo  Breton  Island,  told  me: 
[tliat  of  the  taxes  he  gathered  in  he  took  $15  of  United  States  money  to 
|<1  of  Canadian;  sol  suppose  tliat  represents  where  they  get  their  in- 
»(!from. 

Q,  Undoubtedly  tiieir  income  comes  from  American  fishermen,  but 
[tliat  is  not  exactly  what  I  ask  you.  What  can  Canada  give  us  today 
t  the  fislicrmen  want  in  exchange  for  the  free  market  of  the  United 
Ncs !  What  do  you  want  of  Canada  for  which  you  are  willing  to  give 
(Canada  the  right  to  send  her  fish  to  the  United  States  free  of  duty? — 
Idon'tkuow  of  anything,  unless  it  would  be  the  right  of  transport- 
«ij our  fish  overland,  and  they  migiit  let  us  get  coal  at  a  lower  rate 
Rlian  we  could  buy  it  at  homo  and  talce  it  there  for.  But  this  is  only 
pe  year  out  of  thirteen;  in  the  other  twelve  years  we  could  have  done 
better  on  this  coastj  even  those  who  have  fished  on  our  own 
Jliores  have  done  better. 

STEAM  MACKEREL  FISHING. 

I Q.  And  so  far  as  coal  is  concerned  yours  is  the  only  vessel  that  is 

»j?igedin  mackerel  fishing  with  steam? — A.  Yes,  sir. 

I Q.  It  is  an  experiment  ? — A.  It  is  an  experiment. 

I  (J.  How  does  it  operate? — A.  Perhaps  it  bids  fair  to  operate  favora- 

|ly,bnttbo  circumstances  this  year  have  been  against  it. 

COMPENSATION  OF  FISHERMEN. 

I Q.  What  are  the  shares  of  those  fishermen  who  go  on  sailing  ves- 
F'-A.  They  give  the  crow  half,  only  their  crews  aro  not  sunject  to 
pir  board  bills  or  fireman's  account  the  same  as  ours. 

By  Senator  Edmunds  : 
IQ-  On  sailing  vessels  you  .would  not  have  any  fireman's  account,  I 
fl)pose!~A.  No,  sir. 


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700 


AMERICAN   FISHERY   INTERESTS. 


By  Senator  ¥ yre  : 

Q.  Tbe  owner  furnishes  the  outfit,  and  all  that  sort  of  thing  and  the 

boarding?— A.  Yes,  sir. 
Q.  And  the  sailors  get  half? — A.  Yes,  sir.  '''-^"''^'j m^'\ ■:':.: 

Q.  Does  that  includo  the  captain? — A.  No;  the  owner  of  tbe  vossel 

furnishes  the  captain,  I  believe.    lu  some  places  the  crews  are  paid 

partly  in  cash,  but  it  is  not  customary. 

By  Senator  Edmunds  : 

Q.  About  how  many  men  go  in  sailing  vessels  from  this  port!— A.  I 
From  15  to  20  for  each  vessel. 

Q.  How  much  do  they  ordinarily  make  in  a  year,  taking  ten  years! 
together  for  an  average? — A.  I  think  during  the  season  they  average  I 
somewhere  about  $30  a  mouth  for  good  seasons ;  this  season  they  lianlHl 
made  $5. 

Q.  Take  an  average  of  ten  years. — A.  The  average  would  be  in  tlial 
neighborhood  of  $30  a  month. 

By  Senator  Frye  : 

Q.  Have  you  any  idea  of  the  profits  of  the  owners  ?— A.  In  many 
places  they  have  been  out  of  pocket  in  the  last  ten, years. 

By  Senator  Edmunds  : 

Q.  For  how  many  months  would  the  average  of  $30  rnni— A.  Fo^ 
seven  months. 
Q.  That  would  be  $210  a  year?— A.  Yes,  sir. 

winter  occupations  of  fishermen. 

Q.  What  occupation  do  these  fishing  men  pursue  when  their  voyagei 
are  over? — A.  A  very  few  of  them  keep  at  the  winter  fishing;  perliap 
about  one-third  of  the  whole  number  only  keep  at  it  during  tlie  winter 
as  it  is  extra  hazardous. 

Q.  J)o  the  others  find  employment  in  *ho  winter? — A.  As  arnletM 
lie  by. 

INCREASE  OF   CANADIAN  FISHING  FLEET. 


By  Senator  Frye  : 

Q.  What  eflect  has  the  treaty  of  1870-'71  had  upon  our  flsberies; 
upon  the  Canadian,  within  your  observation,  as  to  the  increase  of  tli 
fleets,  &c.?— A.  Nearly  all  their  fishing  fleet  has  been  built  since  tliaj 
Several  years  ago  there  was  a  treaty  similar  to  this,  under  which  tlia 
prospered,  and  built  up  quite  a  fleet  of  vessels;  then  there  caiiiej 
change.  Jn  the  mean  time,  betveen  the  old  treaty  and  the  new,  M 
fishing  industry  died  out  and  their  vessels  were  sold  or  made  way  »il 
so  that  at  the  commencement  of  this  last  treaty  they  had  a  very  sinal 
fishing  interest  outside  of  the  States.  The  people  of  that  country  coin 
hero  and  engage  in  fishing  during  the  summer,  and  then  take  m 
jn'oflts  homo  and  live  during  t!jo  •winter.  But  free  trade  gives  thcr 
chance  to  live  and  do  business  at  home. 

Q.  lias  that  increased  their  fleet  immensely?— A.  Yes;  1  jmlfjotfl 
thirds,  if  not  nearly  all  of  it,  has  been  built  up  since  that  treaty  wa 
into  effect.  j 

Q.  Have  you  noticed  the  result  upon  our  fisheries  since  that  im 
went  into  effect? — A.  I  know  that  there  is  nearly  a  whole  year's  ca^ 
aheod  that  they  cannot  sell;  an  absolute  lailure,  like  this  year's  liiili'l 


AMEUICAN    FISHKRY    INTERESTS. 


701 


jjyes  11  cbauco  to  work  olT  the  old  supply ;  there  has  been  a  surplus 
ahead  lor  three  years. 

llEFlJlGEUArOE  TKOOESS. 

Q.  flow  about  the  increase  in  the  fresh-fish  business  in  tl-;  last  15 
Tears!— A.  I  believe  IZ  jk^,ics  ago  there  were  in  Boston  some  ten  or  flf- 
ieeu  linns  in  the  fresh  fish  business,  and  now — I  haven't  the  exact 
figures,  but  I  should  say  there  are  fifty  to  seventy-five  in  the  same 
biisiuess  in  Boston. 

Q,  So  that  it  has  increased  immensely  ? — A.  Yes. 

Q.  By  reason  of  the  processes  of  freezing  and  transporting  in  re- 
frigerator cars?— A.  Yes,  sir;  and  the  market  has  improved,  and 
transportation  is  much  more  perfect,  and  they  reach  markets  that  for- 
merly tbey  did  not  reach. 

Q.' Wliat  effect,  in  your  judgment,  has  that  had  upon  the  salt-fish 
business?— A.  It  has  greatly  reduced  the  demand  in  the  Northern  States, 
but  in  the  Southern  States  it  must  remain  nearly  the  same,  because 
tbey  cannot  get  at  the  fresh  fish. 

Q.  But  ou  the  whole  it  has  reduced  the  demand  for  salt  fish  "? — A. 
Yes, sir;  and  in  time  I  think  it  will  still  further  reduce  it. 

Q.  The  fresh-fish  business  has  increased  very  heavily  during  the  last 
I  six  years  of  the  treaty  ? — A.  Yes,  sir. 

Q,  In  your  opinion  it  will  continue  to  increase,  and  thus  still  fur- 
i  tber  att'ect  the  salt-fish  business  ? — A.  Yes,  sir. 


"  m 


I'll'.* 


FREE  FISH. 

Q  Then,  in  your  judgment,  what  would  lie  the  operation  upon  our 
I  fisbery  business  of  allowing  them,  under  the  item  in  the  tariff  bill,  "  fish, 
fell,  for  iuunediate  consumption,"  to  bring  in  all  these  fresh  fish  ? — A. 
In  ten  years  from  now  you  will  see  quite  a  change  if  the  past  treaty  ar- 
raugemeut  should  go  into  force  again,  anjl  they  would  undoubtedly 
jcoudiict  the  whole  of  the  fishing  industry  of  the  continent,  because  they 
lon't  have  to  live  under  the  same  conditions  we  do. 
Q.  So  that  you  would  look,  if  they  had  our  markets,  to  see  the  gradual 
jfxtiiictiou  ol'  our  fishery  business*?— A.  I  would.    In  fact,  if  I  continued 
jiii  tbo  business  under  now  treaty  regulations,  if  I  had  nothing  else  to 
jturn  to  in  this  country,  I  would  move  there  and  carry  my  business  over 
liei'o,  because  I  could  do  the  business  there  so  much  better. 
'i.  Do  you  think  that  v>^ould  be  the  result  to  our  fishermen?—  A.  I 
|ito. 

NATIONALITY   OF  FISHERMEN. 

Q.  What  proportion  of  the  men  from  New  England  engaged  in  the 
isbery business  are  American  citizens? — A.  I  don't  really  have  any 
Icliaiice  to  get  at  statistics  to  find  out.  I  think  the  most  of  them  go  from 
jtlie  State  of  Maine.  During  the  season  in  the  Bay  we  had  three  that 
Iwro  formerly  natives  of  the  Province  of  Nova  Scotia,  but  they  now 
f  ve  in  some  part  of  the  States. 

Q'  They  are  naturalized  citizens  of  the  United  States  ? — A.  Yes,  sir. 

TRANSSHIPMENT   OF  FISH   OVERLAND. 

By  Senator  Saulsbury: 
Q'  If  you  had  the  privilege  of  landing  your  fish  and  8hii)ping  them 
Py  rail  do  you  think  you  would  be  able  to  compete  with  the  (Janadians? 


I     m 


HI 


i  'i! 


f  '3 


702 


AMERICAN    FISHERY    INTERESTS. 


— A.  No,  8ii';  that  wouldn't  make  any  dillcrenco,  I  as,  as  long  at* 
the  privilcgo  remains;  and  in  fact  it  is  said  now  tlia  we  are  no  bettw 
off  by  the  abrogation  of  this  treaty,  so  far  as  fresh  fish  go.  Tliis  is 
an  exceptional  year,  however.  Nobody  was  i)repared  for  tiiis  year. 
Nobody  was  in  any  condition  to  manage  fresh  fish  except  my vsclf,  because 
I  have  this  steam  vessel,  and  by  means  of  the  quicker  transportation 
given  by  that  steamer  have  saved  time  which  amounted  in  the  aggre- 
gate  to  some  30  days  or  more. 

Q.  What  advantage  would  that  be  to  the  men  engaged  in  flsbingin 
schooners?  Could,  or  could  they  not,  if  they  had  that  privilege,  uiakc 
more  trips  than  they  do  make? — A.  J  don't  know.  It  would  require 
considerable  preparation  to  have  the  salt,  barrels,  and  other  necessaries 
at  the  railroad  terminus,  and  those  things  they  would  bo  obliged  to  buy 
from  Canada.  They  might  save  sometimes.  They  use  up  from  12  to 
18  days  on  the  round  voyage  between  the  fishing  grounds  and  Lome,  and 
they  would  only  use  about  4  to  G  days  the  other  way ;  but  they  would 
have  the  transportation  to  pay  as  well  as  the  largo  profits  ou  iliesup 
plies  they  would  have  to  buy  there.  So  that  the  gain  to  tbcin  would  i 
not  bo  so  very  much.  On  the  other  hand,  as  a  rule,  they  got  better 
prices  at  homo  wheii  the  fish  are  handled  from  the  vessel  than  tlioy  j 
would  to  take  them  off  the  ship  and  send  them  over  the  railroads. 

Q.  You  did  not  know,  as  I  understood,  what  proportion  of  tbe  men  \ 
engaged  in  our  fishery  business  were  native-born  Americans  ?— A.  No, 
sir;  my  own  experience  is  that  most  of  the  men  go  from  the  State ol'j 
Maine. 

CLOSE  TIME. 

By  Senator  Frye  : 

Q.  What  is  your  opinion  as  to  the  propriety  of  a  close  torin  up  to  tliej 
first  of  June! — A.  Of  course  their  net-fishing  and  trapilshing  on 
Nova  Scotia  coast  affect  the  supply  just  the  same  as  ours.  We  are  all  j 
at  work  on  the  small  fish,  and  we  all  would  bo  equally  benotitod  by  iil 
close  time.  I  don't  think  there  is  anything  to  be  gained  in  the  lougj 
run  by  trying  to  fish  for  mackerel  South. 

Q.  In  your  opinion  it  would  bo  better  to  have  a  close  tiiuc!-A, 
think  we  should  be  benefited  in  five  or  ten  years;  it  would  takonearlyj 
that  time  to  see  any  appreciable  benefit. 

Q.  Do  you  think  the  mackerel  8ui)ply  has  been  diminished?— A.  IdoJ 

Q.  By  takingthem  early  in  the  spring? — A.  Yes,  and  by  destroying  thj 
hatching-grounds. 

Q.  They  are  not  good,  I  take  it,  in  the  spring? — A.  Tbey  seem  t^ 
market  very  well  when  fresh;  they  are  not  good,  to  use  as  siilt  lisl^ 
They  are  similar  to  shad  and  other  kinds  of  fish  that  spawn  at  tba 
season. 

By  Senator  Saulsbuky  : 
Q.  Is  the  principal  i)ait  of  the  fishing  done,  from  dapo  natteras,l(^ 
instance,  to  opposite  New  York,  by  Northern  men? — A.  Yes, sir; ' 
these  Maine  and  Massachusetts  vessels ;  there  are  no  others  engiiga 
in  the  mackerel  fiaiiories,  that  I  know  of,  in  the  States. 

HABITS  OF  MACICEREL. 


sir;  we  know 


By  Senator  Edmunds  : 

Q.  What  time  do  the  mackerel  that  are  ready  to  spawn  come  m  ( 

the  British  coasts  up  there? — A.  They  come  in  during  tUo  montuj 


AMERICAN    FISHERY    INTERESTS. 


703 


June.  It  t'oniCB  later  than  our  season,  because  the  lisli  do  uot  got  aloDg 
go  goon.  Oil"  New  Jersey  and  New  York  they  are  with  us  in  April  and 
Mav.   It  takes  that  difference  in  time  to  make  the  passage. 

Q.  Do  you  think  the  same  schools  of  lisli  that  are  found  at  Capo  Jlat- 
terasgoou  northward  to  Block  Island  and  clear  ui)  to  the  British  coasts? — 
A.  Ob,  yes,  wo  know  they  do;  we  follow  them  day  after  day;  they 
easily  make  from  20  to  50  miles  a  day. 

Q.  So  that  from  your  ospitjrionco  you  think  it  is  perfectly  clear  that 
the  same  schools  move  along  the  whole  coast  to  the  northeast? — A.  Yes, 
sir;  wo  know  they  do. 

By  Senator  Saulsbury  : 

Q.  IIow  far  off  from  shore  do  these  schools  of  mackerel  that  you  have 
followed  usually  go  ? — A.  On  the  mai)  you  can  see  very  plainly.  When 
tlie.vare  running  in  spring  they  seem  to  leave  the  Gulf  Stream  and 
iiiiiico  directly  for  shoal  soundings.  In  the  winter  the  shoal  water  is 
coldor,  but  when  the  water  gets  warmer  they  make  for  deeper  water 

itli  aud  east  until  the  spawning  time  comes.  They  follow  the  shoal 
tsouudiuss  until  they  get  to  Maine,  Massachusetts,  or  Nova  Scotia,  and 
I  in  some  instances  I  +'  .nk  they  go  as  far  as  Labrador  to  spawn. 

By  Senator  Edmunds  : 

Q,  IIow  far  off  shore  down  at  Hatteras  and  along  the  Jersey  coas't  do 
[  Jim  ordinarily  get  the  most  fish  ? — A.  About  25  to  35  miles. 

Q.  Then  when  you  get  up  to  Block  Island  they  are  closer  in,  I  sup- 
I pose?— A.  No,  sir;  uot  often.  Some  seasons  there  they  run  CO  miles 
[oil' shore,  aud  other  seasons  thoy  run  within  5  or  10  miles  off'  shore. 

Q.  Taking  the  whole  eastern  coast  of  the  United  States  together, 
kliat  would  bo  the  distance  off  shore  that  you  would  expect  to  get  the 

great  bulk  of  mackerel,  if  you  were  going  to  fish  for  ten  years  right 
[along  ?— A.  I  should  imagine  it  would  be  about  40  miles  from  the  coast. 

THREE-MILE  LIMIT. 

Q.  So  ou  our  shores  you  would  not  count  the  three-mile  limit  as  of 
[anyvaluo  at  all  ? — A.  No,  sir;  but  then  there  arc  exceptions. 
Senator  Edmunds.  But  I  am  speaking  tf  it  in  a  general  way. 

By  Senator  Frye  : 
Q.  Is  tliat  true  of  British  water? — A.  No,  sir;  I  don't  think  it  is. 
iTlieir  coasts  make  differently,  somehow.  ,  After  the  mackerel  get  in 
Itliere  they  seem  to  be  driveii  in-shore  by  a  species  of  large  tish  that 
Iwrsucs  them  within  10  or  15  miles  of  the  coast.    At  any  rate,  we  don't 
poatside,  because  where  we  find  fish  there  is  no  occasion  to  go  further. 
Oar  average  distance  would  perhaps  be  5  miles  up  there. 
Q.  Suppose,  in  fishing  up  there  4  or  5  miles  from  the  shore,  outside 
^tlie  three  mile  shoreline,  you  run  across  a  school  of  mackerel  and  the 
piud  is  toward  tho  shore,  how  long  does  it  take  you  to  get  into  the 
pe-miloliniit?— A.  A  wind  like  ^hat  will  cause  us  to  drift  nearly  half 
•  mile  an  hour. 

Q.  So  that  before  you  could  gather  iu  your  school  of  mackerel  you 
N(l  bo  inside  tho  three-milo  limit  ? — A.  With  a  very  largo  school  we 
Foultl. 

TAKING  MACKEREL  WITH  I'URSE-SEINE. 

By  Senator  Edmunds  : 
[(J.  From  the  time  you  begin  to   swing  around  a  school  of  mackerel 
towlong  would  it  ordinarily  take,  in  weather  that  is  not  very  rough,  to 
pthem  up  so  that  you  could  put  your  ship  under  sail  aud  stand  oft"? 


704 


AMERICAN    F1811EUY    INTEUE8TS. 


The  Witness.  To  take  tliein  uboaril  ? 

Senator  Edmunds.  Suppose  you  wer>  drifting  in  toward  the  tliieo-l 
mile  limit.  I 

A.  It  takes  us  usually  about  twenty  Mnutes  to  get  the  fish  ready  fori 
removal  to  the  vessel,  and  then  wo  eau  handle  about  100  barrels  aiil 
hour,  with  a  very  active  crew.  I  should  imagine  they  would  consuiuol 
nearly  two  hours,  on  the  average,  however,  with  a  hundred  barrels. 

Q.  Can  you  not  get  under  way  until  they  are  all  in  ?— A.  No  sir* 
we  have  to  lie  still ;  wo  couldn't  move  50  feet  without  tearing  tlio  net! 
A  hundred  barrels  of  fish  is  a  very  heavy  mass,  and  we  arc  obliged  to 
use  as  light  netting  as  possible  on  account  of  convenience  iu  liaiidlinj;. 

Q.  How  many  fish  were  there  in  the  largest  number  you  over  took! 
in  one  haul,  if  you  call  it  a  haul,  with  a  purse  seine? — A.  Wc  havesiived 
GOO  barrels.  In  the  Gulf  of  St.  Lawrence  the  past  year  from  one  schoclj 
we  got  150  barrels.  The  schools  run  smaller  there  because  the  water  ijj 
shoaler. 


TESTIMONY  OF  CAPT.  EDWIN  T.  LEWIS. 

Gloucester,  Mass,  October  4, 188C. 
Capt.  EDWIN  T.  LEWIS  sworn  and  examined. 

By  Senator  Edmunds  : 

Question.  What  is  your  ago  ? — Answer.  Twenty-nine. 

Q.  Eesic'ence? — A.  Booth  Bay,  Me. 

Q.  What  is  your  occupation  ? — A.  Fisherman. 

Q.  Are  you  master  of  a  vessel  ? — A.  Yes,  sir. 

Q.  How  long  have  you  been  engaged  iu  fishing,  whether  as  master  o 
otherwise! — A.  I  think  about  fifteeu  years. 

Q.  Where  have  you  chiefly  couducted  the  business  ? — A.  Ilcre. 

Q.  I  mean  when  at  sea.  Where  did  you  catch  your  lisb !— A.  TIJ 
most  of  them  on  this  coast. 

THREE-MILE  LIMIT. 

Q.  Have  you  ever  fished  in  what  we  will  call  British  water,  tbat  is  t 
say,  in  the  Gulf  of  St.  Lawrence,  on  the  Grand  Banks,  &c.  ?— A.  I  ba^j 
fished  in  the  Gulf  of  St.  Lawrence. 

Q.  Did  you  fish  for  mackerel,  or  cod  ? — A.  For  urackerel. 

Q.  How  many  sea  ons  have  you  fished  in  the  Gulf  of  St.  Lawrence!^ 
A.  Since  I  have  been  master  of  a  vessel  I  have  been  there  tbrco  sei 
sons. 

Q,  How  many  while  not  master  ? — A.  Two,  I  think. 

Q.  Making  five  altogether? — A.  Yes,  sir. 

Q.  During  those  five  years  where  did  you  get  the  bulk  of  your  ma 
erelT 

The  Witness.  Inside  or  outside  the  three-mile  limits? 

Senator  Edmunds.  Yes. 

MAP. 

Q.  Have  you  seen,  before,  this  map  hanging  on  the  walloftbisrooa 
—A.  Yes,  sir.  | 

Q.  Can  you  point  out  to  us  about  the  places  where  you  fisbedt-j 
Yes,  sir.    [The  witness  did  so. J 


Q.  I'Voin  your  e; 
and  that  this  blue 
Yes,  sir. 

Q.  How  far  out  ( 

[  jearsf— A.  From  t 

Q.  Have  you  bee 

Q.  Have  you  ha( 

but  once,  going  anc 

Q.  Did  you  go  th 

y.  You  always  d( 

A.  Yes,  sir. 


Q.  liow  many  me 

Q.  Did  they  go  oi 

y.  All  the  liiacke] 

Q.  Tbo  share  is  t 

I  Tlie  shares  arc  the  i 

Igetvsasbare,  but  the 

Q.  About  how  mi 

I  iiavo  only  been  mas 

I  tare  made  an  avera/ 

Q.  For  hi)w  many 

Q.  Wbat  do  they  < 

[tlieui  do  anything;  t 


Q.  Have  you  been 
|ws  winter  fishing  oi 
Q.  You  fisb,  of  coi 
Q.  Do  any  of  our  1 
jerel  with  a  hook  and 
I  Q.  Do  you  go  fitted 
hegofitted  for  both 
Q.  Wby?_A.  Beci 
Q.  You  get  more  b' 
Q-  Why  do  you  go* 
■are  tiiues  when  you  ca 
l»o  lay  by,  Looking. 
Q-  What  depth  of  ^ 
liem  with  a  hook?—. 
'ifli  a  purse  seine. 
Q.  liut  tbey  do  no 

Np  around  the  ves 

Q-  III  that  case  wh\ 

~A.  We  do.  ^ 

?•  J,f' "  uow  speak 
-'•IheyshowattlK 
fij  when  they  don't  ( 
I  V-  And  haviuff  irot 
pecan.  "  ^ 


,  Q.  Taking  all  your 
'^"on.doyou  think 

S.  Ex.  113- 


AMERICAN    I'lSHERY    INTERESTS. 


70j 


Q.  From  your  experienco  do  you  uiulerstaiul  iliis  map  to  bo  correct, 
and  tliftt  tliiH  blue  represents  the  chief  inackeroMlshiug  grouiulsf — A. 

Yes,  sir. 

Q.  How  far  out  did  you  take  the  groat  bulk  of  your  flsh  in  the  flvo 
years!— A.  From  flvo  to  six  and  eight  miles,  probably. 

Q.  Uavo  you  been  up  there  this  year? — A.  I  have. 

Q.  Ilftvo  you  had  any  difficulty^ — A.  Not  any.  We  never  harbored 
but  once,  stoiug  and  coming,  except  in  stress. 

Q.  Did  you  go  through  tlio  Strait  of  Canso? — A.  Wo  did. 

y,  You  always  do,  I  suppose,  when  you  go  up  there,  do  you  nott — 
A.  Yes,  sir. 

COMPENSATION  OF  FISHERMEN. 

Q.  IIow  many  men  did  you  employ  this  year? — A.  1  had  17. 

y.  Did  they  go  on  shares? — A.  Yes,  sir. 

Q.  All  tlie  mackerel  men  do,  I  suppose? — A.  Yes,  sir. 

Q.  Tbc  share  is  the  same  as  Captain  Joyce  stated,  1  suppose? — A. 
JTlio  shares  are  the  same,  but  wo  goon  a  little  different  lay.  Our  crow 
gets  a  share,  but  they  have  a  few  expenses  to  pay  extra. 

Q.  About  how  much  do  they  make  on  a  ten  years'  average? — A.  I 
liavo  only  been  master  of  a  vessel  about  eight  years.  Probably  they 
I  kvc  made  an  average  of  $40  a  mouth  and  better. 

Q.  For  how  many  mouths? — A.  For  seven  or  eight  months. 

Q.  What  do  they  do  tho  other  four  or  five  months? — A.  Very  few  of 
I  tlicm  do  any  thing;  they  lie  by. 


nOOK  AND  LINE  VS.  SEINE. 

Q.  Have  you  been  a  mackerel  man  all  tho  time  ? — A.  All  the  time.  I 
[ifns  winter  fishing  one  winter,  haddocking. 

Q.  You  fish,  of  course,  with  a  i)urse  seine? — A.  Yes,  sir, 

Q.  Do  any  of  our  fishing  vessels,  to  your  kiiowledge,  fish  for  mack- 
Icrelwith  a  hook  and  line? — A.  They  do  very  little. 

Q.  Do  you  go  fitted  out  to  try  to  make  a  catch  that  way  ? — A.  Yes,  sir  j 
|iiegoflttt'd  for  both  ways,  but  wo  only  catch  very  few  on  tho  hook. 

Q.  Why?— A.  Because  wo  can't. 

Q.  Yon  get  more  by  seining? — A.  Yes,  sir. 

Q.  Why  do  you  go  fitted  out  with  hooks  at  all  yourself? — A.  There 
bre  times  when  you  can't  see  them ;  schools  don't  always  show,  and  thou 
|io  lay  by,  hooking. 

Q.  What  depth  of  water  do  you  generally  get  them  in  when  you  catch 

kiuwith  a  hook? — A.  Wo  fish  on  about  tho  same  ground  as  wo  do 
I  a  ]mrse  seine. 

Q.  But  they  do  not  show  on  tho  surface? — A.  No;  sometimes  wo 

fweep  arouud  tho  vessel  and  get  some  in  that  way. 

Q.  In  that  case  why  do  you  not  run  out  your  seine  and  take  them  in  ? 

-A.  We  do. 

Q.  I  am  now  speaking  of  hook  fishing.    When  is  it  you  risk  a  hook? 

-A.  Thoy  show  at  the  surface  when  wo  catch  them  wjth  tho  purse  seine, 

piiil  when  they  don't  do  that  we  touch  them  up  Avith  bait. 

Q.  And  having  got  them  there  you  purso  them  if  you  can  ? — A.  If 

'lean. 

THREE-MILE   LIMIT. 

Q'  Taking  all  your  mackerelmen  together,  according  to  your  obser- 
Wion,  do  you  think  that  the  right  to  fish  within  tho  three-mile  shore 


■..0.il 


S.  Ex.  113- 


-45 


7()(; 


AMERICAN   FISUEUY   1NTEKE8TS. 


liuo  in  ot  any  8ub8t.iuti;il  value  to  the  inackorel-Usliiiig  iiitciust  of  Um 
United  States? — A.  I  do  not. 

Q.  You  would  not  bo  willing,  thou,  to  have  tiio  United  States  ^'ivo  ] 
the  Canadians  any  valuable  privilege  in  returu  for  the  rifjbt  tolish 
within  their  three-mile  shore  liuet — A.  No,  sir. 

SALT  AND  FRESn  FISH. 

Q.  Do  you  carry  ice? — A.  Wo  do  now  on  this  shore;  we  never  car- 
ried any  that  fur. 

Q.  All  your  sailing  lishermen  use  salt  up  there,  I  suppoiol— A.  Yes  1 
sir. 

Q.  Do  you  assort  your  fish  before  you  barrel  tbein,  or  Uoy-mputj 
theui  all  together  antl  assort  them  when  you  get  houie?— A.  Wo  put 
them  iu  barrels  and  salt  them. 

Q.  Without  arranging  them  by  numbers? — A.  Yes,  «:r. 

Q.  IIow  long  does  it  take  you  to  run  from  Magdaleu  lalaiuls  hercf-j 
A.  It  will  take  from  eight  to  ten  days. 

Q.  How  far  is  it? — A.  About  700  miles,  I  should  say. 

Q.  You  cannot  make  more  than  100  railCo  iu  twenty-four  Iwiirs,  oiij 
an  average  ? — A.  Not  ou  an  average ;  no. 

NATIONALITY  OF  FISHERMEN. 

Q.  Of  what  nationality  are  the  crows  you  employ  ?— A.  Miiio  aroj 
Americans,  mostly  from  the  State  of  Maine. 

THREE-MILE  LIMIT. 

Q.  Do  you  find  Canadian  fishing  vessels  iu  the  Gulf  fishing  ou  thosauie  j 
grounds  where  you  fish? — A.  Yes,  sir;  they  fish  on  tho  saiuo  {.pounds | 
wo  do.    They  fish  iushoro  sometimes,  and  wo  do  not. 

Q.  But,  generally,  were  the  Canadian  vessels  chiefly  em|)loyed  iufislij 
iug  for  mackerel  inside,  or  outside  the  three  miles  ? — A.  This  year  tbeyj 
fished  with  us  all  the  season.  I  didn't  see  but  very  few  within  the tlircof 
milo  limit. 

Q.  They  take  their  fish  into  what  port? — A.  To  whatever  port  tbcyj 
sail  from. 

SALT  AND  FRESn  FISH. 

Q.  They  put  up  their  fish  in  salt  just  the  same  as  our  fishermen  do  t-| 
A.  Yes,  sir. 

Senator  Edmunds.  I  did  not  know  but  they  took  their  fish  fresh  aDd| 
carried  them  to  a  railway  somewhere. 

The  WlTinsss.  Not  that  I  know  of. 

Q.  They  get  their  salt  and  supplies  from  thoir  own  port  ?— A.  1 1 
I)oso  they  do,  except  I  beliovo  they  got  their  purse-seines  from  tliaj 
United  States. 


RELATIVE  COST  OF  UNITED  STATES  AND  CANADIAN  VESSELS. 

Q.  Are  the  provincial  vessels  about  the  same  size  as  ours  ?— A.  Aboulj 
the  same. 

Q.  And  schooner-rigged  ? — A.  Schooner-rigged. 

Q.  How  do  they  compare  in  cost,  so  far  as  you  know,  with  oar  ves| 
sols  ? — A.  They  only  cost  about  two-thirds  as  much. 


AMKliKJAN    I'lHIIKKY    INTHKKSTS. 
COMPKNHATION  Ol''   MBIIKUMKN. 


707 


(V  Do  tliuir  ineii  HhU  oh  Hliarcs? — A.  The  Haiiio  as  wo  do,  I  tiiitik;  I 
[iiii  not  M\iv. 
(J.  Tlioy  have  about  iJio  sanio  lay,  you  supposo  t — A.  About  the  MiiuiOi 

MACItEKEL  I-'ISUINO-. 

IJy  Senator  Frye  : 

Q.  What  (listanco  IVoin  shoro  have  the  bulk  of  your  uiackcrel  boon 
takt'ii  u|»  tliero  thin  yearf — A.  About  lour  to  six  miles. 

Q.  Taking'  it  through  tho  whole  length  of  the  eoast,  where  have  the 
bulk  of  tlio  mackerel  been  taken  in  our  own  waters  ? — A.  From  35  to  40 
miles  from  the  shore. 

Q,  111  ill!  your  nuuikerel  fishing  together,  where  have  you  taken  the 
bulk  of  your  lish,  in  American,  or  Canadian  waters? — A.  In  American 
waierH. 

Q.  Wliiit  proportion  in  American  waters? — A.  Nine- tenths. 

[)y  Senator  Edmunds: 

Q.  Is  that  true  of  the  great  mass  of  the  American  mackerel  fleet?— 
A.  I  don't  know  that;  I  have  no  experience. 
Seuiitor  Edmunds.  The  statistics  will  show. 

NATIONALITY    OF  FISHERMKN. 

IJy  Senator  Saulsbuby  : 

Q.  Uavc  you  any  means  of  knowing  about  what  proportion  of  tho 
Osbcniieii  are  native-borii  Americans? — A.  No,  1  have  not. 

Q.  Do  the  vessels  that  go  out  from  here  carry  part  of  their  crows  from 
tbeProviiiees,  or  do  the.A'  take  them  all  from  here,  as  a  general  rule? — 
I  A.  Now  they  take  them  all  from  here;  they  are  not  allowed  to  take  them 
I  down  there. 

Q.  They  are  not  allowed  to  employ  them  there  ? — A.  No,  sir. 

:.EEE  nsn. 
By  Senator  Frye  : 
Q.  Wliat  is  there  that  Canada  can  give  us  that  will  bo  an  equivalent 
I  for  the  privilege  to  them  of  sending  their  fish  into  our  market  free  ? — A. 

jTbere  is  nothing. 

BAIT. 

Q.  Have  you  need  to  go  in  there  to  buy  bait? — A.  I  don't  use  any  bait. 

Q.  Do  our  cod-fishermen  go  in  there  to  buy  bait? — A.  They  can  get 
[along  without  it  very  well. 

Q.  So  til  at,  so  far  as  you  know,  there  is  nothing  Canada  can  give 
pbicli  would  bo  regarded  by  you  as  an  equivalent  for  a  free  market  to 
tlicin!-A.  No,  sir. 


■>[<  4 1 


V-if 


i.i 


7US 


AMKKICAN    I'lHI' 


IN'I"i:UlvSTH. 


TESTIMONY  OF  CAPT.  RICHARD  WARREN. 

Gloucksteu,  Mass.,  October  \,  \m. 
Capt.  JllClJAltl)  WAitltEN  sworn  ami  oxiuniiicd. 

By  Senator  Edmunds: 

Question.  Wlicro  do  you  reside? — Answer.  In  CJIoucestur. 

Q.  What  is  your  occupation  ? — A.  Kisliin^'. 

Q.  Wliat  kind  otiisliinfj? — A.  Mju-kercl,  wholly. 

Q.  How  lonj;  havo  you  been  in  tlio  buisinesa'? — A.  '.^'hirtyllvc  jcmi). 

Q.  How  loufj  as  niastorl — A.  Twenty-six. 

Q.  Whereabouts  iiavo  you  llslu'd  mainly? — A.  1  have  dono  most  of 
my  llshiiifj  for  tlio  last  Jilteen  years  on  lliis  coast;  previous  totliutiii 
the  Gulf  of  at.  Lawrence. 

Q.  Prcviolis  to  1871  you  fishetl  for  how  nuuiy  years  iu'tho  Gulf  of  St, 
Lawrence? — A.  Ninirly  twenty  years. 

THREE-MILE  LIMIT. 

Q.  Takinjjf  the  St.  Lawrence  llsheries,  where  diil  you  ^ct  tho  bulk  of 
your  mackerel  as  respects  the  three-mile  shoreline? — A.  I  should  iud^'c 
that  for  tho  twenty  years  1  was  inside  the  Buy  of  St.  Lawrenco  I  liailly 
saw  tho  shore,  being  oil"  the  uorthwest  point  of  Prince  Itldward's  Islani 

Q.  You  were  a  good  many  miles  from  that  point? — A.  Yes,  sir; 
twenty  to  forty. 

UABITS  OF  MACKEIIEL. 

Q.  Do  tho  mackc'  v  there  have  the  habit  of  staying  about  tho  same 
particular  place  eai  r  ? — A.  At  that  particular  time  wo  were  liooli- 

ing,  not  seining,  anu  iiuit  used  to  be  a  very  choice  part  of  tho  St.  Law- 
reueo  for  us  to  llsh.  There  are  many  men  in  the  room  now  who  used  to 
fish  there — old,  experienced  men — and  we  iished  there  years  and  years, 


SUPPLIES. 

Q.  In  that  -*0  years  or  so  bow  many  times  in  a  season  did  you  tiiidit  \ 
necessary  to  go  into  any  British  port  for  supplies  other  than  wootl  and ; 
water,  and  for  shelter  and  to  repair  damages? — A.  I  don't  rccollcctdur- 
ing  my  first  ten  years  down  there  that  1  ever  went  in  for  supplies;  1  i 
might  possibly  have  done  so;  but  1  did  not  go  in  for  anything  luorctliau  | 
wood  and  water. 

nOOK  AND  LINE  VS.  SEINE. 

Q.  When  did  the  liook-and-line  fishing  from  vessels  chiefly  stop, audi 
you  take  up  the  purse  or  other  kind  of  seine  fishing? — A.  I  ])resuiin'j 
about  1875  there  was  quite  a  large  majority  went  to  seino  fishini;;  I| 
think  it  was  in  1875. 

Q.  About  Iiow  long  are  these  purse  seines? — A.  Two  huudred  I'atiij 
cms  and  upwards. 

Q.  How  deep? — A.  About  20  fathoms  deep. 

Q.  So  they  woold  touch  bottom  in  20fathom  water!— A.  Yes, sir. 

By  Senator  Frye  : 
Q.  What  do  they  cost?— A.  In  tho  neighborhood  of  a  thousand  dolj 
lars,  near  that. 


A:.!£UICAN  fishkry  intkuksth. 


700 


|{y  Senator  j'^dmundh: 
Q.  1  siippoHO  tlJOHo  8ciiieH  iini  iiiikIo  ill   tiiu  UiiitiHl  StUkt'H  by  ma* 
fl,j,n,ry f— A.  Yo8,  sir;  tlioy  aro  inado  i>rin(!ii)ally in  Boston;  some  are 
made  in  Gloucester  at  prosent. 

THREE-MILK  I.TMIT. 

Q.  T)i<l  you  (Ish  ill  tlic  St.  Lawrence  waters  during  the  existence  of 
tlin  trcivty  of  1871  f— A.  Yes,  sir. 

Q.  And  iliirinff  tliat  time,  if  I  understand  you,  you  fislied  outside  of 
tlio  tlireo miles  If — A.  There  wasn't  very  much  JlHliing,  either.  There 
were  very  few  fish  caught  while  I  was  there,  and  so  1  didu't  remaiu 
long;  I  came  out  after  I  was  there  a  short  time. 

Q.  I  lave  you  llsiied  there  since? — A.  I  fished  there  six  week.,;  nearly 
two  nioiiMis. 

Q.  Have  yjtfi  had  any  dilliculty  with  the  authorities  in  any  way  iure- 
fiard  to  your  vesseH — A.  No,  hsir;  I  haven't  visited  their  harlmrs;  I 
only  visiied  one  harbor  during  all  the  time  1  was  down  there. 

Q.  Did  you  see  many  Canadian  llshermcn  <lown  therel — A.  I  saw  a 
jjihhI  iniiiiy. 

Q.  Wliere  were  they  llsUing? — A.  In  the  same  waters  we  were  dur- 
iii;;  tlui  time  I  was  there ;  I  saw  more  or  less  of  them  every  day. 

Q.  I  slioiild  infer,  from  what  you  say,  that, like  our  vessels,  they  catch 
the  bull;  of  their  mackerel  by  the  present  methods,  with  seines,  and 
oiitsidc  the  three  miles? — A.  Wholly,  so  far  as  1  know;  very  few  mack- 
erel aro.  taken  by  Cana<lian  vessels  inside,  I  think. 

0  I'^ioin  your  knowledge  of  that  fishery  do  you  consider  the  right 
toi  .,011  iiiil  your  fellow-fishermen  to  catch  mackerel  within  three  miles 
oltlicsli'  '  of  any  substantial  value? — A.  O,  no,  sir ;  it  is  a  detriment  to 
IIS  to  };(>  iiKsliore.  That  coast  abounds  in  rocks,  and  the  waters  are  shal- 
low, especially  along  tlu)  east  coast  of  New  Brunswick  and  Prince  Ed- 
wiml  Island ;  and  it  is  a  detriment  to  go  into  those  shallow  waters,  for 
llioy  are  about  sure  to  lose  their  seines  or  tear  them  badly.  It  is  an 
advantage  to  us  to  keep  away  from  shore. 

Q.  The  water  is  deep  around  Magdvden  Islands,  is  it  not? — A.  No, 
sir;  it  is  shallow,  mostly. 

Ily  Senator  Fkye: 
Q.  It  is  looky,  is  it  not?— A.  Very  rocky. 


mp 


AVERAftK  VOYAGE. 

By  Senator  Edmunds  : 

Q.  How  long  does  it  take  you  to  make  a  voyage? — A.  Owing  to  cir- 
ciuiistances. 

Q.  Bat  take  an  .average  from  four  or  five  seasons  together,  what 
would  you  calcidate  to  be  the  necessary  time  from  the  Magdalen  Isl- 

mht 

The  Witness.  Making  the  passage? 

Senator  Edmunds.  Yes. 

A.  To  go  and  return  it  would  take  about  two  weeks. 

Q.  Thait  would  bo  a  round  trip?— A.  Around  trip;  that  could  bo 
'loiic  easily  in  fourteen  days. 

Q.  In  an  average  year  of,  say,  20  years  back,  how  many  voyages 
would  Ibo  Gloucester  schooners  be  able  to  make  up  there  and  back? — 
A.  It  is  pretty  hard  to  get  at  the  average,  because  they  differ  so  much. 


710 


AMERICAN   FISHERY   INTERESTS. 


Often  tlioy  make  tbree  voyuges  IVoui  here  to  tbe  Gulf  of  St.  Lawreiicu 
in  a  sailing  vessel  and  back  again. 

Q.  And  sometimes,  I  suppose,  tbey  do  not  make  more  than  ono!— A. 
Ye.s,  sir.    I  liave  made  four  by  landing. 

FREE  FISH. 

Q.  I  will  ask  yon  the  same  qnostion  that  Mr.  Frye  has  asked  tlin 
other  witnesses:  Is  there  anything  in  the  fishery  way  that  you  would 
consider  to  be  an  equivalent  tiiat  Canada  could  give  us  for  giving  Iicr 
the  riglit  to  market  both  salt  and  fresh  Ush  free  into  onr  ports?— A?  No. 

By  Senator  Frye: 

Q.  What  is  the  eflect  of  a  free  market  upon  our  fisheries?— A.  As  far 
as  1  understand  it,  we  certainly  would  be  obliged  to  haul  out  of  tlic  busi- 
ness in  a  very  short  time;  that  would  bo  the  case,  I  think,  witli  cverv 
oPiO  that  follows  it  here  in  this  part  of  the  country. 

Q.  Ill  your  opinion,  then,  in  ten  or  fifteen  years'  time  it  would  dpsfroy 
the  fishery  trade  of  our  country  ? — A.  Wiiolly. 

Q,  Would  you  go  over  there? — A.  We  sliould  be  obliged  to  11"  wo 
wanted  to  continue  in  the  fishing  business. 

RELATIVE  COST  OF  UNITED  STATES  AND  CANADIAN  VESSELS. 

Q.  Why  can  we  noL  compete  with  them? — A.  It  is  impossible  for  ii8 
to  do  it  on  account  of  the  difference  between  our  systems  of  produciiif; 
vessels  and  running  them. 

Q.  Such  as  what? — A.  They  have  a  very  diiferent  method  of  riiiuiiiij; 
them,  and  they  fit  them  out  differently,  and  the  crews  «loii't  expect  tlie 
same  living. 

Q.  How  much  more  sbouhl  you  sny  it  would  cost  to  build  our  vossijLs 
than  theirs? — A.  A  new  vessel  of  a  humlred  tons  can  be  built  there 
rejuly  ibr  sea  at  a  cost  of  $0,;>()(),  and  ono  of  ours  of  the  same  laiiuage 
would  surely  cost  f  10,000. 


OUTFITS  AND  COST   OF  LIVING. 

Q.  How  about  outfits? — A.  They  live  difierently.  We  got  tlicbest 
there  is  in  the  market,  in  tbe  shape  of  food  of  all  kinds,  to  putiiltoanl 
our  vessels,  but  they  go  under  a  different  system ;  they  can  eat  a  bam! 
of  herring  wiiii  .*,  relish,  at  which  our  fisberhien  would  turn  up  their 
noses.  Our  outfit  costs  nearly  onohalf  more.  They  get  Hour  very 
much  cheaper,  and  they  live  so  difierently  in  every  way.  Wo  use  ;t 
barrel  of  beef  every  twenty  days,  and  they  would  take  two  months  in 
consuming  it;  they  use  it  only  once  a  day,  when  we  have  it  ou  tlio  tabic 
all  the  time.    They  don't  have  any  luxuries  at  all. 

Q.  On  the  whole,  how  much  more  expensive  should  you  say  wonld  lie 
the  whole  cost  of  outfit  and  everything  else  for  an  American  vessel  tlian 
for  a  Canadian? — A.  F'nlly  one-third  more,  according  to  ni y  judffineiit. 

Q.  Do  they  have  any  advantage  of  yon  in  getting  their  niadcreltn  j 
market  more  quickly?— A.  That  must  be  an  advantage.  Tbeyhavcj 
not  commenced,  but,  so  far  as  my  knowledge  goes,  another  soiison  theyj 
will  supply  our  market  nearly  aiiogether. 


INCREASE   OF   FUESII-FISII  BUSINESS. 

Q.  What  do  you  know,  if  anything,  abont  the  increase  of  tiiofresli- 
fish  market  in  this  country  in  the  last  ten  years? — A.  1  know  it  hasin-j 


AMERICAN   FISHERY   INTERESTS. 


711 


creased  more  than  50  per  cent,  in  tlio  last  ten  years;  I  have  been  con- 
nected with  it  for  the  last  fifteen  years. 

Q.  What  efl'ect  has  that  had  upon  the  salt-fish  markef? — A.  It  has 
reduced  it,  of  course. 

Q.  Js  there  a  constant  and  growing  increase  in  the  use  of  iVosh  fish 
in  this  country?— A.  Yes;"  there  is. 

Q.  Caused,  I  suppose,  by  the  inijreased  convenience  in  the  transpor- 
tation of  fresh  fish  ? — A.  Yes,  sir. 

Q.  You  can  distribute  fresh  fish  now  all  over  the  country  by  rail  / — 
A.  Yes,  sir;  whereas,  a  few  years  ago  there  was  a  very  small  quantity 
I  of  fish  shipped  in  that  way. 

Q.  In  your  opinion  will  that  trade  continue  to  increase?— A.  I  don't 
lee  wliy  it  should  not. 

Q,  Do  you  think,  then,  that  the  Canadians,  under  the  item  in  the 
I  tiiriff  act,  "Fiijh,  fresh,  for  immediate  consumption,"  should  be  permitted 
Itosendin  all  these  frozen  fish? — A.  I  don't  suppose  they  ougiit,  but  it 
j  appears  that  they  have  been. 

CUEING  OP  PEESn  FISU  AFTER  ENTRY, 

Q,  Suppose  a  cargo  of  frozen  halibut  or  any  other  kind  of  fish  was 
Ibronglithere  and  landed  as  "Fish,  fresh,  for  immediate  consumption," 
the  wholesaler  who  buys  them  transships  them  to  Boston  or  New  York, 
I  does  ho  not? — A.  Yes,  sir. 

Q.  Is  there  any  way  for  the  custom-house  oflicer  here  to  follow  them 
I  in  order  to  see  that  they  are  not  cured  afterwards  ? — A.  There  is  a  way 
[to  follow  them,  but  certainly  I  have  never  known  anything  of  that  kind 
[to  transpire. 

Q.  They  can,  and  undoubtedly  do,  cure  a  great  many  of  these  fish  that 
[are  so  entered? — A.  I  have  not  the  slightest  doubt  of  it. 

Q.  If  the  market  is  very  strong  they  will  not  lose  them? — A.  No,  sir; 
llhey  euro  them.  The  fiish  can  be  brought  in  fresh  today  and  salted  to- 
Imorrow,  and  the  public  know  nothing  about  it. 

EFFECT  OF  THE  TREATY  OF  1870-'71. 

Q.  What  has  been  the  effect  of  the  treaty  of  1870-'71  upon  the  Ca- 
liadian  fisheries? — A.  I  haven't  had  much  experience  down  there  in  the 
pt  lew  years ;  I  have  only  been  there  one  or  two  years. 

Q.  What  effect  has  it  had  upon  our  business  hero? — A.  You  can  see 
|tliat;  every  day  without  asking  the  question. 

Q.  What  is  the  effect? — A.  The  amount  of  it  is  that  we  get  in  surplus 

I  liere  in  town  that  wo  can't  dispose  of. 

Q.  Js  it  driving  your  fishermen  out  of  the  business  ? — A.  Certainly ; 
lots  of  them. 

Q.  How  large  is  your  fleet  here  now  ? — A.  T  don't  know  how  large  it  is, 

DUTY. 

Q.  Wliat  do  you  want  of  the  United  States  Government  so  far  as  fish- 
te are  concerned?— A.  I  should  like  to  add  to  the  duty. 

Q'  Wliat  do  you  say  the  duty  ought  to  be  ? — A.  I  am  not  prepared 
"say  what  I  think  it  ought  to  be,  but  I  think  it  ought  to  be  enough  to 
pp  the  Canadian  fish  out  and  give  the  American  fishermen  a  chance 
Tolive, 

IQ.  Can  the  American  people  supply  the  American  market? — A.  I 
^luiiie  they  can ;  they  usually  did  before  Canada  got  a  fleet  of  flsh- 
iiifn  of  her  own. 


712 


AMERICAN   FISHERY   INTERESTS. 


Q.  Ill  your  opinion  should  there  be  a  duty  on  frozen  fish?— A.  Yes,! 
sir ;  there  should  be.  j 

Q.  Do  you  know  anything  about  the  retail  market  ?— A.  I  knnvl 
something  about  it. 

EFFECT  OP  DUTY  UPON  THB  CONSUMER. 

Q.  The  fishermen  sell  to  tlie  wholessvler? — A.  Usually,  yes. 
.  (i.  And  the  wholesaler  to  the  jobber.    Now,  what  is  the  (litrerciic<i 
between  the  price  the  fisherman  receives  for  his  fish  and  what  the  m 
Ruiner  pays  for  his  ? — A.  That  is  a  i)retty  hard  question  for  me  to  ai 
swor,  because  it  varies  so  much ;  of  course  there  is  some  considerabli^ 
difference ;  at  times  there  is  a  big  difference,  and  then  at  other  tiraa 
there  may  bo  less. 

Q.  Does  the  fisherman  average  more  than  two-thirds  of  the  price  paid 
by  the  consumer  ? — A.  Usually  not,  I  think.  That  is  putting  it  a  httlij 
small  perhaps ;  I  should  think  they  did  a  little  better  than  tliat. 

Q.  ]*'rom  your  experience  does  the  duty  on  fish  affect  the  price  of  I 
to  the  consumer ;  I  do  not  mean  to  the  wholesaler? — A.  Yes;  it  docs,  j 

Q.  How  ? — A.  I  don't  know  as  it  does  to  the  consumer,  cither. 

Q.  if  there  is  any  effect,  is  it  not  between  the  wholesaler  and  the fisk 
erinan? — A.  That  is  just  what  it  is  usually;  to  the  consnnier  I  don"! 
know  as  it.  makes  Jiny  difference. 

CLOSE  TIKti. 

Q.  What  do  you  say  about  close  time  for  mackerel? — A.  1  thuikJ 
would  be  a  good  plan  to  close  it  up  to  the  Ist  of  June,  or  better  still, | 
think,  to  the  1st  of  July. 

By  Senator  Edmunds: 
Q.  State  your  grounds  ior  thinkingso. — A.  On  account  of  the  scarcitj 
of  lish,  wliich  results  from  catching  so  many  flsh  early  in  the  scisoij 
and  catching  them  before  they  have  a  chance  to  spawn. 

By  Senator  Frye  : 
Q.  When  they  are  carrying  spawn  do  you  think  they  arc  as  {rood  J 
they  ought  to  be? — A.  No,  sir;  ofcourse  they  are  not  so  good.   Ofcoun 
fresh  fish  readily  find  a  market,  but  come  to  salt  them  and  they  arci 
of  as  much  value. 

By  Senator  Edmunds  : 
Q.  Is  mackerel  roe  over  eaten  as  shad  and  salmon  roe? — A,  Itiscatt 
quite  extensively,  by  New  York  folks  especially. 

HABITS  OF  MACKEREL. 


Q.  Do  you  think  the  same  schools  of  mackerel  go  North  from  UnM 
and  New  Jersey  all  along  this  coast?— A.  Oh,  yes;  there  isiiodoul 
about  that,  because  we  hii  vo  followed  them  from  year  to  year  right  aloij 
the  coast. 

FRESH  AND  SALT  FISH. 

By  Senator  Saulsbury: 

Q.  What  proportionof  the  fresh  flsh  that  are  thrown  upon  our  markej 

are  caught  in  American  waters? — A.  Well,  1  could  not  say,  W  ' 


AMERICAN   FISHERY   INTERESTS. 


7i;^ 


largest  part  of  ilicin  are  caught  in  our  waters,  tliat  is,  in  tbo  inackerol 

line. 

Q.  What  proportion  of  tbo  mackerel  that  arc  caught  between  Uatteras 
and  Salem  or  Boston  are  sold  as  fresh  fish,  and  what  proportion  are 
gold  as  salt  flsib,  so  far  as  you  can  form  an  estimate? — A.  I  really 
couldn't  tell ;  that  is  something  I  never  thought  of.  The  majority  wo 
have  caught  are  sold  salted,  because  it  is  only  for  two  months  in  the 
first  of  tbe  season  that  they  run  fresh.  Down  this  way  most  every  one 
gets  salt  fish  at  this  season,  but  in  tbo  early  season  most  every  one  gets 
Iresli  fish.  So  really  I  could  not  tell  what  proportion  would  be  sold 
fresh. 

SPRING  FISHING. 

Q.  Is  your  fleet  here  at  Gloucester  and  along  our  shores  here  engaged 
largely  ill  the  spring  fishing  from  Uatteras  northward? — A.  Usually 
there  arc  about  100  sails  of  vessels  engaged  in  that  business  from  this 
port  alone,  I  guess. 

RATIO  OF  FISn  CAUGHT  IN  rROVINOIAL  WATERS  TO  THOSE  CAITGHT 
IN  UNITED  STATES  WATERS. 

Q.  Can  you  form  an  estimate  of  what  i)roportion  of  salt  fish  for  sale 
in  our  markets  are  caught  in  the  British  waters  around  the  Provinces? — 
A.  I  presume  three-lifths  of  them  were  caught  there  this  year. 

Senator  Frye  (to  Senator  Saulsbury.)  By  "  British  waters"  you  do 
not  mean  within  the  three-fnile  shore  line? 

Senator  SAULSBURY.  Ko. 

Q.  Aro  the  tbree-flCths  you  speak  of  brought  h<^re  ami  thrown  upon 
the  market,  or  aro  they  brought  hero  in  bond  and  transhii>ped  to  some 
other  point  largely  ? — A.  Those  mackerel  caught  in  tiiat  vicinity  are 
fetched  hero  and  salted  and  shipped  all  over  the  country. 

Q.  Are  there  not  a  great  many  of  their  fish  that  come  here  salted, 
having  come  in  bond,  and  are  transhipped  without  paying  duty? — A. 
I  am  not  aware  of  that  fact;  it  may  be  so. 

NATIONALITY  OF  THE  FISHERMEN. 

Q.  Yoli  have  been  in  the  fishing  business  a  good  while  and  have  a 
general  knowledge  of  it;  what  proi)ortion  of  the  men  engaged  in  fish- 
ing from  our  ports  aro  native-born  Americans? — A.  1  should  judge 
somewhere  about  two-thirds. 
Q.  Have  any  of  our  vessels  been  in  the  habit  of  going  out  to  the  lish- 
iiij,' grounds  and  re8hii>pihg  men? — A.  They  have  been  in  the  habit  some 
I  jeurs  ago  of  going  down  to  the  Provinces  and  shipping  one  or  two  men 
I  or  four  or  five  for  each  vessel. 

Senator  Saulsbury.  I  understood  from  one  of  the  captains  that  that 
I  is  not  admissible  now. 
The  Witness.  No,  sir;  it  is  not.  y 

By  Senator  Fr YE: 
Q.  Do  they  not  allow  you  now  to  ship  other  men? — A.  No,  sir;  if  a 
[  iiwn  there  wants  to  go  a  fishing  on  one  of  our  vessels  ho  has  got  to  hunt 
"IMnonoy  enough  to  bring  him  to  this  end  before  he  can  ship. 


714 


AMEAICAN    FISIIKKY    INTERESTS. 


TESTIMONY  OF  CAPT.  JOHN  McftUIN. 


Gloucester,  Mass.,  October  4, 1886. 
Capt.  JOHN  McQUIN  sworn  and  examined. 

By  Senator  Edmunds  : 

Question.  What  is  your  ago? — Answer.  Sixty-two. 

Q.  Where  do  you  reside  ? — A.  East  Gloucester. 

Q.  What  is  your  occupation? — A.  I  have  been  ashore  mostly  for  the 
last  four  years ;  for  the  last  fifteen  or  sixteen  years  I  was  running  to 
South  America,  and  before  that  I  was  a  fisherman. 

Q.  What  business  have  you  been  engaged  in  aahore  for  the  last  four 
yoar«? — A.  Trading  and  fish  business. 

Q.  Do  you  know  of  any  importations  of  foreign  fish  froai  Lritisli 
ports? — A.  Tlireo  years  ago  we  brought  one  trip  from  tiie  British  Prov- 
inces. 

Q.  You  deal  almost  entirely,  I  suppose,  in  American  fish  ?— A.  Yos, 


sir. 
Q 

Q 


Bo  you  deal  in  all  kinds? — A.  I  am  out  of  the  business  now. 

You  did  deal  in  cod  ? — A.  Yes,  sir 

And  mackerel? — A.  Yes,  sir. 
Q.  Halibut? — A.  No,  sir;  not  halibut. 
Q.  llerring? — A.  Some  herring  j  very  few. 


nERBING. 


Q.  Is  there  much  herringbusinessdono  atthisport? — A.  Considerable 
in  frozen  herring  in  the  winter. 

Q.  Where  do  they  come  from? — A.  Some  of  them  come  from  down 
to  Grand  Manan,  and  some  from  Newfoundland. 

Q.  What  use  is  made  of  them  ? — A.  They  are  used  for  bait  partly, 
mostly  so  liere.  Some  of  them  are  peddled  out  for  consumption  in  New 
York  and  Boston.    A  good  many  are  used  in  Boston  for  bait. 

Q.  Those  that  are  used  for  bait  aroused  in  cod-fishing? — A.  Yes, coil 
and  halibut. 

Q.  How  extensive  is  that  winter  frozen-herring  business  ?  Or  are 
they  frozen  by  artificial  means  ? — A.  No,  sir ;  they  are  frozen  by  IVost. 
I  should  say  there  are  from  35  to  40  vessels  go  every  year ;  1  don't  know 
but  more. 

Q.  Where  are  these  herring  taken  at  Grand  Manan— inside  the  tlirco- 
mile  limit? — A.  Yes,  sir;  they  buy  them. 

Q.  These  vessels  that  go  for  them  go  as  trading  vessels  instead  of^ 
fishing  vessels,  do  they  ?— A.  Yes,  sir;  they  go  down  as  trading  vessels 
and  buy  the  herring  from  tho  natives. 

Q.  During  the  last  winter  have  some  of  your  vessels  gone  in  that  way  ij 
— A.  Yes,  sir. 

Q.  Did  they  experience  any  difliculty  with  tho  authorities  there  about 
coming  as  trading  vessels  ? — A.  I  think  not,  this  last  winter;  I  wasni 
there  myself,  but  I  didn't  hear  of  any. 

THREE-MILE  LIMIT. 

Q.  T  only  inquire  for  your  general  knowledge  and  observation.  ^^l'«'l 
you  were  engaged  in  the  fishing  business  where  did  you  ^''*'}''  J 
When  I  was  cod-fishing  I  fished  on  tho  Georges  and  down  on  wbatwa 


AMKUICAN    FISHERY    INTERESTS. 


715 


call  Brown's  Bank  ;  in  mackerel  lisliiiig  I  always  lished  in  North  Bay, 
the  St.  Lawrence. 

Q.  Which  side  of  Prince  Edward's  Island! — A.  I  always  fished  north 
of  the  island,  not  at  the  straits  at  all. 

Q.  How  many  years  did  you  fish  down  there? — A.  I  tliink  I  was 
(loTO  tbcrc  13  years. 

Q,  Wliat  was  the  last  year .  as  nearly  as  yon  <;an  remember "? — A .  1 8(>3. 

i^.  You  lished  substantially  most  of  the  time  during  the  period  of  the 
lexisteiiec  of  the  reciprocity  treaty  of  1854? — A.  Yes,  sir. 

Q.  Where  did  you  catch  your  fish — I  mean  tlio  bulk  of  them — in  re- 
siiect  of  the  three-mile  linef — A.  Wo  caught  a  very  small  portion  of 
tbeiii  iuside  the  three  miles. 

By  iSenator  Frye: 
Q.  You  caught  with  a  hock  and  lino  then? — A.  Yes,  sir ;  I  never  was 
Iseiiiiiig;  wo  fished  mostly  around  the  Magdalens,  around  Bank  Bradley 
liud  IJauk  Orphan. 
Q,  Wliero  did  the  other  American  fishermen,  during  the  time  that 
1  were  lishing  there,  catch  the  great  bulk  of  their  mackerel,  as  respects 
;iiishorc lino? — A.  I  should  think  they  caught  nine-tenths  of  them 
tsiile,  oil'  shore. 

Q.  AUhongh  you  were  then  all  hook  fishermen  ? — A.  Yes,  sir.    Wo 

jisi'd  to  bo  mostly  altogether  scattered  in  difterent  places,  in  bunches. 

Q.  Of  what  substantial  value,  from  your  knowledge,  experience,  and 

nervation,  do  you  regard  the  right  of  American  fishermen  to  fish 

liitliiu  three  miles  of  the  provincial  shores  ? — A.  The  w.ay  they  fish  now 

lor maciiercl  I  don't  think  it  would  be  worth  very  much,  because  they 

jure  apt  to  lose  more  than  they  gain  by  tearing  up  their  gearing.    In 

pet,  they  Can  fish  but  very  little  with  the  seines  they  have.    I  never 

p  tbciu  seine  until  this  year,  and  I  shouldn't  sui)pose  they  could  get 

jbiit  voij'  few  fish  iuside  the  three  miles. 

Q,  From  your  experience,  as  you  have  described  it,  it  was  not  of  any 

kery  essential  value  to  yon  during  the  time  when  you  had  the  right  to 

Isli within  the  three  miles? — A.  No,  sir;  it  was  not. 


•3  If 
■"Hi 


I 


''■fN 


BAIT. 

Q.  How  innch  better  is  fresh  bait  for  codfish,  say  herrings  that  come 
We  frozen,  than  salted  bait,  With  which  to  catch  cod  on  the  Banks? — 
[.  For  hand-line  fishing  around  the  Georges,  of  (!Ourse  salt  bait  ain't 
Jaccount,  hut  on  the  Banks,  to  go  trawling,  salt  bait,  clams,  ftr  hand- 
ines,  are  fully  as  good. 
IQ.  As  herring? — A.  Yes,  sir. 

IQ.  Where  would  you  get  j'our  clams? — A.  Down  East,  at  Tortland; 
pt  is  where  they  do  get  them  all. 

IQ.  You  do  not  depend  on  British  waters  for  clams ? — A.  No,  sir. 
«y  come  up  to  Portland  every  spring  arul  get  them  by  the  thousand 
""els  and  carry  them  down  there  for  the  Baidcers. 

HEERING. 

IQ-  During  the  dozen  years  of  the  treaty  of  1870-'71  that  expired  last 
"JMow  many  herring  for  food,  instea*!  of  for  bait,  were  taken  by 
jeriran  iishermcn  in  British  waters? 
|ilieWiTNKss.  Do  yon  mean  caught? 


^4i<4 


71  r, 


AMERICAN   FISHERY    INTERESTS. 


Senator  Edmunds.  Ciiu^ht  when  tlicy  wont  hcrriuK  fishing;;  idoM 
mean  wheniijcy  went  as  traders  and  bought  tbo  product. — A.  Isboiildni 
suppose  there  was  more  than  oue-tentli  caught  by  American  vessels. 

By  Senator  Frye  : 

Q.  Our  vessels  do  not  go  herring  fishing! — A.  Very  seldom.  Tlie 
buy  them  and  pay  the  money  for  them. 

By  Senator  Edmunds  : 
Q.  So  that  the  American  fishermen  have  so  far  no  interest  iu  tlieliei 
ring  fisheries  within  the  three  miles? — A.  No,  sir;  not  lor  catciiing. 

FIRST  CASE  OF  THE  DRUID. 


iwi 


-A.  I  tried  to  get  a  I« 


By  Senator  Frye  : 

Q.  You  have  been  down  there  this  summer  ? — A.   Yes,  sir ; 
down  there  between  two  and  three  weeks  in  North  Bay. 

Q.  Did  you  go  down  with  a  vessel? — A.  Yes,  sir. 

Q.  What  did  you  go  down  for? — A^  I  went  down  to  cany  suppl 
to  vessels  down  then;,  and  to  see  if  I  could  get  a  load  of  mackm'l 
bring  home. 

Q.  What  experience  did  you  have  down  there,  if  any?— A.  My 
perienco  was  I  didn't  get  a  load  of  mackerel  to  bring  home;  tlii 
wouldn't  let  mo  get  them ;  they  wouldn't  give  mo  any  privileges  at 
only  outside  the  three  miles,  the  same  as  the  fishermen  had. 

Q.  You  did  not  go  down  as  a  iisherman  ? — A.  No)  sir ;  1  was  iim 
register. 

Q.  What  did  you  try  to  do  under  register  f 
of  mackerel  to  bring  home. 

Q.  Where  did  you  try  ? — A.  I  tried  down  there,  but  the  first  liad 
I  went  in  they  stopped  mo  and  kept  mo  three  days. 

Q.  On  what  pretense? — A.  Because  they  said  I  had  no  business  tlii 
that  is  what  the  captain  of  the  cutter  said.  I  cleared  for  tlio  Magi 
lens ;  I  hadn't  reached  there. 

Q.  But  you  had  a  register? — A.  Yes,  sir. 

Q.  Were  you  not  permitted  to  buy  anythiug? — A.  Yes,  sir;  I  coi 
buy  anything,  but  1  wasn't  permitted  to  bring  anything  aboard  llicvj 
sel;  they  wouldn't  allow  mo  to  handle  a  barrel  aboard  tlie  vci 
wouldn't  allow  mo  to  handle  the  hatches,  had  an  armed  guard  aboai 
]'  wasn't  anchored  two  hours  before  they  had  an  armed  guard  aboi 

Q.  Did  you  show  them  your  papers? — A.  Yes,  sir. 

Q.  What  did  they  have' to  say  about  them?— A.  Tlicy  said  I  liad 
business  there,  because  1  was  in  Malpeque,  and  I  was  going  to  flioM] 
daiens. 

By  Senator  Edmunds  : 

Q.  What  date  was  that?— A.  That  was  August  18,  ISSfi,  I  tliinkl 
liave  the  date  at  home. 

Q.  .Do  you  know  the  name  of  the  cutter  that  held  you  ?— A.  Tlio  1 
lette. 

Q.  Do  you  know  the  name  of  the  captain?— A.  I  don't  know] 
name.    [A  bystander  said  that  the  name  of  the  captain  was  Norwl 

Q.  Had  you  on  your  vessel  at  that  time  .any  purse-seino?— A-  mj 

Q.  Any  stock  for  fishing;  hand-lines,  or  anything  of  tliekin'!" 
No,  sir ;  I  had  salt,  barrels,  and  provisions. 

Q.  Any  bait  for  cod-fishing? — A.  No,  sir. 


AMERICAN   FISHERY   INTERESTS. 


717 


Q,  You  liful  !>*>  fisljing  outfit  of  any  l<iiult — A.  No,  nir ;  not  for  uatcli- 

Imr  Hi. 

0,  You  had  a  rcfjisterT— A.  Yes,  sir. 
a  Aud  closued  I'roni  hero  1 — A.  For  the  Mapfdalen  Islands,  Harbor 

10  Dar. 

Q.  VVliilc  you  wore  in  tliero  and  these  people  wore  having  you  under 
mml,  were  any  of  our  American  fishing  vessels  coming  in  towards  you 
lomssovcr  their  cargo? — A.  The  first  night  I  got  into  the  harbor  there 
ras  quite  ii  large  ileet  in  there,  but  when  the  captain  of  the  cutter  camo 
iboiiril  and  tliere  was  quite  a  number  of  skippers  aboard  he  drove  them 

IWilV. 

Q,  Do  jou  moan  to  say  that  ho  Avould  not  allow  them  to  stay  aboard 
our  vessel?— A.  Yes,  sir;  ho  drove  them  away. 

Q.  How  di<l  ho  drive  them  away  ? — A.  He  told  them  to  get  out  of  the 

liii,  toget  out  of  the  vessel,  that  they  couldn't  stay  there;  that  is 

luttlio  polito  way  he  told  them. 

Q.  Ilavo  you  represented  these  circumstances  to  the  State  Depart- 
fceut  at  Washington  ? — A.  No^  sir. 

By  Senator  Frye  : 

Q.  What  was  the  name  of  your  vessel? — A.  The  Druid. 

By  Senator  Edmunds  :  ■• 

I Q.  Wliat  was  she ;  a  schooner  ? — A.  Yes,  sir. 

Q.  A  vessel  like  a  tishing  vessel  ? — A.  Yes,  sir ;  she  goes  to  the  Banks 
ivery-year. 
I Q.  Was  she  your  vessel  ? — A.  Yes,  sir. 

Q.  You  were  her  owner  ? — A.  Yes,  sir. 

I Q,  How  long  were  you  in  that  place  under  snrveillauce? — A.  1  lay 
|ieri!  two  nights  and  a  day.     lie  wouldn't  let  mo  go  until  ho  tele- 

aplid  to  Ottawa ;  ho  had  to  go  back  on  the  islanti  to  telegraph  to 

OTtaiu  whether  he  should  seize  me  for  being  down  there  witli  supplies 
fcrAiiierican  tisliermen,  and,  as  far  as  I  could  find  out,  the  answer  came 
pok  to  let  1110  go,  but  to  see  that  I  did  not  receive  any  thing  inside  of 

I  throc-niilo  limit.    So  the  next  morning  when  ho  went  out  I  had  to 

y]  lie  wouldn't  allow  me  to  stay  in  the  harbor  any  time ;  I  had  to  go 

Ihen  the  rest  of  the  vessels  went. 

|Q,  lie  would  not  allow  you  to  remain? — A.  No,  sir. 

jQ.  And  you  were  a  merchant  shij)  ? — A.  lie  wouldn't  allow  me  to  re- 

laiii,  and  I  had  to  go. 

|Q.  What  did  you  do  after  you  got  out? — A.  I  used  to  go  out  and 

1  around  amongst  the  lishermen,  and  when  they  wanted  anything  1 
lonld  let  them  have  it  outside  tho  threomilo  limit,  if  I  had  it. 
]Q.  Did  you  finally  take  on  a  cargo? — A.  Wo  got  200  barrels  from  one 

laii  to hiinff  home;  that  is  all  we  got.    If  1  hadn't  been  interfered  with 

le first  night  1  got  in  1  think  I  might  have  got  tho  biggest  part  of  the 

Vl;  but  of  course  when  tho  fleet  went  out  they  scattered,  and  most 

Kvbody  was  under  the  impression,  from  seeing  the  armed  guard 

™,  that  I  was  seized,  and  so  the  most  of  them  came  off  home  with 

leir  lish,  not  knowing  what  had  become  of  me. 

IQ.  IJad  yon  goiio  into  that  bay  with  any  previous  uuderstauding  with 

lynl'thesovet^'-nlsT— A.  No,  sir. 

IQ'  Uad  they,  to  your  knowledge,  been  notified  that  you  would  bo 

?rcon  that  occasion  or  about  that  time? 
!  Witness.  Who?    Tife  cutters? 

[Senator  Edmunds.  The  fishermen. 


;!'•' 


,  -yil 


-^m 


718 


AMKUICAN    FlSIIKliV    INTEUE.S'4'S. 


A.  SouiD  of  tboiu  might  lisivo  heard  of  it.  Thtsro  wjis  one  \imv\  km 
hero  that  I  tohl  I  was  {Xoinj;  down.  Tlio  most  important  object  I  lnui 
in  {joiiiff  dow 


that  I  thouij 


fix  that  cruiso  Avas  to  Kui)ply  the  vessel  I  had  tliero  inyself 
lit  I  could  relieve  and  save  her  from  cominj'  back  liomiv 


that  was  partly  my  object  in  fjoinf;. 

Q.  Did  you  find  her? — A.  Yes,  but  she  didn't  have  any  llsli ;  sbeliad I 
had  hard  luck. 

NATIONALITY  OF  FISHERMEN. 

By  Senator  Feye: 

Q.  Are  you  the  owner  of  fishing  vessels? — A.  Of  that  oiieamliiartJ 
owner  of  another  vessel  that  is  in  the  bay  seining. 

Q.  Do  you  lit  them  out  for  fishing  every  season?— A.  I  scud  llien],l| 
don't  fit  them. 

Q.  Do  you  know  about  the  markets  for  fish  ? — A.  Well,  no,  sir;  li 
don't  know  much  about  them. 

Q.  What  is  the  nationality  of  the  crews  of  your  vessels  ? — A.  1  sliuuld 
think  about  three-fourths  of  them  are  Americans. 

Q.  What  proportion  of  them  are  natifralized  citizens  of  the  Uuittd 
States?— A.  I  don't  know. 

Q.  That  is,  you  think  three-fourths  aj"')  native  Americans?— A.  Na 
tives  and  naturalized. 

CANADIAN  rilI"V«LEGES. 

Q.  From  your  experience  down  there  is  there  any  equivalent  in  th(| 
way  of  ])rivilege  that  Canada  can  give  us  in  return  for  a  fieoniarkcq 
for  her  fish  ? — A.  No,  sir. 

Q.  What  is  there  that  our  fishermen  need  down  there  that  they  bav^ 
not? — A.  Nothing  except  the  privilege  of  buying  provisions. 

Q.  Provisions  alone  ? — A.  Yes,  sir. 

BAIT. 

Q.  They  can  get  along  without  buying  bait,  can  they?— A.  Yej<,sirj 
Q.  So  that  you  do  not  regard  it  as  a  necessity  to  go  within  tti^ 

three-milo  limit  to  buy  bait  f — A.  No,  sir;  I  do  not.    1  think  wheieii 

benefits  one  it  damages  two  by  buying  it. 

INCREASE  OF  FRESH  FISH. 

Q.  Has  the  fresh-fish  market  increased  immensely  the  last  ten  yoar8| 
— A.  Yes,  I  think  it  has. 

Q.  By  reason  of  easy  transportation  in  refrigerator  cars,  &c.!-4 
Yes,  sir. 

Q.  Has  that  decreased  the  salt-fish  market  ? — A.  I  think  it  has. 

Q.  Is  that  fresh-fish  market  increasing  all  the  time  ? — A.  Yes,  1  tiiii^ 
it  is. 

Q.  Fresh  fish,  whether  frozen  or  not,  are  admitted  free  of  dutyno^ 
under  the  construction  of  the  old  law  ? — A.  Yes,  sir. 

Q.  So  that  Canada  has  a  free  market  to  that  extent?— A.  Yes, sir.j 

Q.  What  proportion  of  our  fresh  fish  are  brought  in  here  by  CanadI 
do  you  think?— A.  I  don't  know  as  I  can  tell.  They  are  incrcasii-iJ^ 
fast  that  I  don't  know  that  I  could  come  anywhere  near  it. 

WHOLESALE  AND  RETAIL  PRICES. 

Q.  Do  you  think  that  the  duty  imposed  upon  fish  has  any  effect  ap 
the  market  to  the  consumer  ?— A.  No,  sir ;  I  don't  think  it  has. 


GLOUCESTE] 


AMERICAN    FISHERY    INTERESTS. 


711) 


Q.  Whiit,  iu  your  judginont,  is  the  proportion  of  tlio  rotiii4  prico  to 
the  price  that  tlio  flsborraon  got  T — A.  I  slioukl  think  two'liftbs  to  three- 

Q.  Aud  the  fisherman's  prico  is  paid  by  tbe  wbolesalor  ? — A.  Yes,  sir. 


COMPENSATION  OP  FISnEBMEN. 


Q.  Do  most  of  the  fisbermen  from  Gloucester  sail  on  sbares  now  T— 
A.  i  tbink  tlicy  do. 
Q.  Tlicir  share  being  one-balf  f — A.  Yes,  sir.  , 

Q.  The  owners  furnishing  tbe  outfit  and  tbe  vessel  ? — A.  Yes,  sir. 


INSURANCE. 


Q.  What  is  tbe  insurance  on  tbese  flsbing  vessels  f — A.  It  depends  a 
jood  (leal  on  the  losses  of  vessels.  Wo  insure  in  mutual  companies. 
I  Mr.  Steel,  tlio  president  of  our  company,  can  tell  you  about  that. 

Q.  You  ordinarily  insure  in  a  mutual  t — A.  Yes,  sir. 

Q.  That  is,  one  located  bere  T — A.  Yes,  sir. 

LIFE  OF  A  FISHING  VESSEL. 

Q.  What  is  the  ordinary  life  of  a  flsbing  vessel  ? — A.  Tbey  will  last, 
[if  they  never  go  ashore,  or  get  hurt,  so  they  will  be  good  for  30  years, 
|jD(lsomo  for  25  years,  according  to  bow  tbey  are  equipped. 

Q,  Tliey  are  built  very  strong,  are  they  not? — A.  Yes,  sir.  It  do- 
Ipeuds  on  the  material  they  are  built  of. 

GLOUCESTER'S  ANNUAL  LOSS  OF  FISHERMEN  AND  VESSELS. 

Q,  What  is  your  average  loss  of  fishermen  in  this  one  town  per  year? 
IWhatis  your  idea  about  it? — A.  I  should  tbink  it  would  average  nome- 
Ifliero  about  10  to  12  sail. 

Q.  I  mean  the  men. — A.  I  should  tbink  somewhere  about  100  or  150 
II  year 
1  Q.  It  is  regarded,  is  it  not,  as  a  very  hazardous  business? — A.  Yes, 

Q.  More  so  than  any  other  business  that  a  sailor  goes  into? — A.  I 

n't  know  as  it  is,  according  to  tbe  number  of  men  that  go. 

Q,  Uow  many  men  go  out  of  this  port? — A.  1  suppose  7,000  or  8,000. 

Q.  What  proportion  of  those  men  should  you  say  were  residents 
iere!— A.  I  should  say  one-balf. 

Q.  What  l«nd  of  fisbermen  are  tbey  ? — A.  Tbey  are  first-rate  men, 
lost  of  them. 

Q.  Do  ihoy  become  skillful  sailors? — A.  Ob,  yes. 


'TnaiywHB* 


^5 


SECOND  CASE  OF  THE  DRUID. 

I Q.  Did  you  have  any  difficulty,  after  tbe  difiiculty  you  luive  described 

|itli  your  vessel,  before  you  got  home  ? 
The  Witness.  On  this  last  trip  ? 

1  Senator  Frye.  Yes. 

A.  Only  the  very  night  I  went  in  they  put  an  armed  guard  aboard 
M wouldn't  allow  any  boats  alongside.  I  could  go  anywhere  I  wanted 
f  Mier  the  first  thirty-six  hoars,  but  nobody  could  come  aboard  after 
vk. 


720 


AMliUICAN    I'lSlIEUY    1NTKUEST8. 


Q.  And  the  ^uard  was  jmt  on  your  vessel  every  nijjlitf — A.  Yi'«  Nir. 

Q.  How  many  nights  were  you  in  after  tliatt — A.  1  think  1  Wiia  in' live 
or  six  niphts.  The  last  two  nij;hts  I  was  there  lie  didn't  put  aiivmiiinl 
aboard ;  ho  didn't  put  any  gininl  aboard  until  alter  dark,  and  the  uext 
night  (»Sunday  night),  ho  didn't  put  any  aboard. 

By  Senator  Edmunds  : 
Q.  Did  you  go  into  the  same  anehorago  every  time! — A.  Ych,  sir. 
Q.  What  was  your  object  in  going  in  f — A.  The  weather  wa8lKKl,i!o 
X  couldn't  lie  out ;  and  the  flshcrineu  all  went  in. 
Q.  You  went  in  for  safe  harbor  1 — A.  Yes,  sir. 

By  Senator  Frye  : 
Q.  Did  you  have  a  young  man  with  you  as  a  passenger  who  went 
down  with  you? — A.  No,  sir;  1  took  a  young  nmn  from  a  vessel  down 
there  that  went  in  one  of  Itowo  &  Jordan's  vessels;  I  took  him  to  bring 
him  home.    When  I  got  into  Canso  1  reported;  ho  was  in  a  hurry  to  i 
get  home  to  go  to  college,  but  they  would  not  allow  mo  to  laud  him;  i 
they  allowed  it  at  first,  but  fetchetl  him  back,  and  I  finally  had  to  take  j 
him  aboard  and  bring  him  home. 

By  Senatoi  Edmunds  : 

Q.  What  was  the  ground  of  that? — A.  They  said  I  had  no  right  to  j 
land  him  there;  I  had  taken  him  aboard  outside  tho  three  miles,  too. 

Q.  Do  you  mean  when  ho  camo  back? — A.  No,  sir;  when  he  first  I 
camo  aboard,  I  mean. 

By  Senator  Fbyk  : 

Q.  So  that  ho  had  to  let  his  college  wait  and  como  homo  withyoiit-j 
A.  Yes,  sir. 

By  Senator  Edmunds  : 

Q.  What  customhouse  was  that ? — A.  Port  Ilawkcsbury. 

Q.  That  was  about  the  kitter  x)art  of  August,  I  suppose?— A.  Yes,! 
sir.  Wo  sailed  from  hero  the  10th  of  August,  and  that  was  along  iilwatj 
tho  Ist  of  September  I  guess,  or  somewhero  in  that  vicinity. 


*    '      ■       TESTIMONY  OF  CAPT.  JEREMIAH  HOPKINS. 

Gloucesteb,  Mass.,  Octo&cr  4, 1886. 

Capt.  JEKEMIAU  HOPKINS  sworn  and  examined. 

By  Senator  Edmunds  : 

Qiu^stion.  What  is  your  ago? — Answer.  Forty-five. 

Q.  Where  do  you  reside? — A.  Gloucester. 

Q.  What  is  your  occupation? — A,  Fisherman. 

Q.  Master  of  a  vessel? — A.  Sometimes  I  am ;  yes,  sir.    At  present! 
am  a  fisherman. 

Q.  How  long  have  you  been  a  fisherman,  cither  as  captain  or  m  i 
difleront  grade? — A.  Thirty  years. 

Q.  Where  have  your  fishing  operations  been  carried  on  ?— A.  In  Cap 
Cod  and  hero  in  Gloucester. 

Q.  Do  you  fish  for  cod,  or  mackerel,  or  both? — A.  Both. 

Q.  That  is,  sometimes  you  go  on  a  voyage  for  mackerel  and  som^ 
times  for  cod? — A.  Yes,  sir. 


AMElilCAN   l-'ISHEKY   INTEItESTB. 


721 


Q.  No  vessel  flnlie.s  for  botli  at  tlio  saino  tiruo,  I  supposoT — A.   No, 
gir;  110  more  than  to  cutcih  a  low  lor  eating  purposes. 
Q.  I  moan  as  a  business? — A.  No,  sir. 

INSUOUE  FISUING. 

Q.  How  many  years,  if  any,  liavo  you  fished  in  the  waters  of  the  Gulf 
of  St.  Luwronco  and  what  wo  ordinarily  call  British  waters,  although 
outside  of  the  three  miles? — A.  About  ten  years  out  of  the  thirty. 

Q.  What  ten  years  were  those?— A.  From  1857  to  18G7. 

Q.  Wiiiit  were  you  fishing  for  at  that  time?  -A.  Mackerel. 

Q.  Wbcro  did  you  fish? — A.  Wo  fished  off  Magdalen  and  Triuco  Ed- 
ward's Islands  and  in  the  Bay  of  Chalour. 

Dy  Senator  Frye  : 
Q.  With  hook  and  line? — A.  Yes,  sir. 

By  Senator  Edmunds  : 

Q.  WLere  did  you  take  the  bulk  of  your  fish  in  respect  of  tho  three 

miles  from  shore,  inside  or  out? — A.  Oil'  Princo  Edward's  Island,  mostly. 

Q.  How  far  olf  from  land  mostly  ? — A.  Mostly  from  3  to  10  or  15  miles. 

Q.  How  was  it  in  respect  of  other  fishermen  who  were  engaged  .about 

thereat  tho  same  time?    Where  did  they  get  tho  bulk  of  their  fish — 

inside  tho  three-milo  shoro  lino,  or  outside? — A.  I  should  say  outside 

tiictlirccmilo  limit. 

SUPrLLES. 

Q.  Dill  you  find  IL  necessary  to  go  to  Canadian  ports  very  often  for 
supplies  or  other  tl.ingh  hi  tho  ten  years  you  wcro  down  there? — A.  At 
tliattiino  we  did;  at  that  time  wo  used  to  fit  out  with  barrels  and  salt 
down  there. 

Q.  Do  you  know  where  the  salt  camo  from,  whether  it  was  American 
salt  that  bad  gone  in  under  tho  reciprocity  treaty? — A.  I  don't  know. 

EXTENT  OF  MACKEREL  FISHERIES. 

Q.  How  did  tho  catch  of  those  ton  years  in  those  waters  compare  with 
tliolast  ten  years? — A.  Tho  catches  during  thopo  years  were  a  good 
(leal  more  than  they  have  been  during  tho  last  ten  years. 

Q.  How  many  vessels  do  you  think  per  year  during  those  ten  years 
wuo  engaged  in  fishing  up  there? — A.  I  suppose  thoro  wcro  300  or  400 
at  that  time. 

Q.  Ill  round  numbers  how  many  are  engaged  iu  fishing  down  there 
j  now !— A.  I  shouldn't  think  there  were  over  100  or  150 ;  I  haven't  been 
in  tbo  Bay  fishing  at  all  for  tho  last  ten  years. 

Q.  Theu  you  only  know  from  what  you  see,  vessels  going  out  of  this 
j  l)ort!-A.  Yes,  sir. 

-  .-       ~  INSHORE  C'ODFISHING. 

Q.  Where  have  you  carried  on  fishing  chiefly  during  tho  last  10 
j  years!— A.  I  have  been  cod-fishing  on  the  Nova  Scotia  coast,  around 
[  Shciourne,  for  tho  last  five  or  six  years. 

Q.  How  far  from  land  did  you  take  your  codfish? — A.  From  15  to  20 

[  miles. 

Q.  Have  you  ever  fished  for  codfish  inside  tho  three-mile  limit  ? — A. 

\  sir. 

S.  Ex.  113 40 


i 


722 


AMKKICAN    I'lSHEUY    INTKUESTS. 


BAIT. 

il.  Wliiit  Hort  of  bait  hiivo  you  used? — A.  TIk'80  luHt  tliioo  years  wc 
have  b(>eu  u.siu^  Hquid. 

Q.  Wliero  di«l  you  j;ot  tho  8quld? — A.  At  Provincetowii,  (JapoCod 
and  ciiuglit  tliom  ou  tho  j^Tounil  sifter  Augunt. 

Q.  Uijjfht  in  tlio  very  place  where  you  u.sc<l  it  for  bait?— A.  Yc8,  sir, 

Q.  I  should  not  .supposo  tho  codfish  would  need  'to  bite  yoiu-  liooksif 
tho  Hijuid  wore  so  plentiful  as  that.  What  depth  do  you  fish  tlioro!- 
A.  All  the  way  from  55  to  (»0  fathoms. 

FIKST  CASE  OP  THE   ABBIE  A.  SNOW. 

Q.  Did  you  have  occasion  to  f*o  ashore  durinjj  those  limes  you  Unw 
boon  lishiu}^  down  there  ? — A.  Yes,  sir ;  lint  last  two  or  three  years  they 
have  had  to  ^o  into  Shelburne ;  I  was  in  there  three  weeks  a^'o. 

Q.  What  for? — A.  Stress  of  weather,  to  take  water,  and  such  thing!) 
as  that,  and  to  rei)air  damages. 

Q.  Have  you  been  juolested  in  any  way  f — A.  1  have. 

Q.  Tell  ns  all  about  that,  and  when  it  was. — A.  I  couldn't  tell  tlii! 
date  and  the  month  the  lirst  time  I  was  in  there,  but  it  was  tliis  ycivr. 

Q.  By  the  way,  give  tho  name  of  your  vessel. — A.  The  schooner  Ah 
bio  A.  Snow. 

Q.  Goon  and  state  what  happened. — A.  The  captain  was  tiikoiisick; 
we  went  into  Shelburne ;  thccutter  wasn't  there;  the  col  lector  of  tho  port 
told  us  we  would  have  to  enter  the  vessel;  wo  entered  her  and  lio  };avc 
us  i)ermission  to  land  the  captain ;  then  I  took  her  myself,  tho  capt»iiii 
being  sick.    Wo  went  out  on  tho  grounds  and  stopped  ten  days,  and 
when  wo  came  back  this  cutter  was  there.    Wo  were  coming  ulongsiile 
tho  wharf,  as  we  had  done  before  when  we  put  the  captain  ashore,  hut 
we  hadn't  anchored  when  this  cutter  boarded  us  and  told  mo  to  anchor. 
Very  well,  wo  anchored.    "Are  you  master?"  ho  says,  and  "How  many 
on  board?"    1  told  him  I  was  in  tho  room  of  tho  master,  at  present,  lie 
asked  what  the  vessel's  name  was;  I  told  him.    Says  ho,  "How  many 
men  have  you  got?"    I  told  him  ten.    "  Uow  many  dories? "    I  toldliim 
four,    lie  asked  mo  what  I  came  in  for;  I  told  him  to  fill  water  and  for  | 
tho  captain.    Ho  says,  "Why  didn't  you  tell  mo  this  before, that  yoii 
came  in  to  get  tho  captain?"    Says  he,  "1  want  no  insoloucc  from  you  j 
whatever."    Said  I,  "I  have  given  you  no  insolence."    Said  I,  "Youj 
asked  mo  tho  question  how  many  boats  and  how  many  men,  and  I  can't  j 
see  Jis  1  havo  given  yon  any  insolence."    "Well,"  ho  says,  "you  treat 
mo  iw  a  gentleman,  and  I'll  treat  you  as  a  gentleman."    Says  I,  "I havo  \ 
treated  you  as  a  gentleman."    Ho  says,  "I  want  no  insolence  from  yon; 
you  remain  ou  board,  and  I  will  go  ashore  and  get  the  captain,  and  thou  j 
you  will  enter  your  vessel,  and  fill  your  water,  and  i)roceed  to  soa."  lie  j 
says,  "Your  crew  will  remain  ou  board  until  the  vessel  is  entered."  By 
that  Captain  Gill  ho  came  down,  and  I  carried  tho  papers  to  him,  and  j 
ho  entered  her  and  we  filled  our  water  aud  camo  out.    The  next  trip)  j 

went  down,  which  was  about  three  weeks  ago 

Q.  By  tho  way,  do  you  know  tho  name  of  the  cutter  and  the  captain  J- j 
A.  Yes,  sir;  his  name  was  Quigley. 

Q.  What  was  the  name  of  the  cutter? — A.  Tho  Terror. 

SECOND  CASE   OF  THE  ABBIE  A.   SNOW. 

The  next  voyage  wo  went  down  before  wo  were  on  the  fishing  ground  j 
at  all;  tho  weather  was  bad,  and  wo  put  into  port  for  shelter. 


AMKUICAN    FISIIKRY    1NTEKE8TH. 


723 


Lit 


Q.  What  i)ortt — A.  Slu^lburiio ;  iiiid  ho  wsus  there.  This  is  the  hoc- 
ondtiinu  Miiit  he  has  boiinlod  us.  Wo  went  iiruuiid  his  Hterii,  and  hu 
onlereil  iih  to  hid'  up  in  tho  wind  until  lie  boarded  U8,  und  Iio  ciimo 
aboard  iiiul  told  uh  wo  would  liavo  to  aiujlior.  We  went  and  anchored, 
,111(1  lio  livy  down  to  a  place  called  iSand  I'oint,  three  or  foiH*  miles  from 
the  town  where  the  collector's  oflico  is,  aiul  ho  ordered  us  down  along- 
side i)f  liim  sit  Sand  Point,  and  ho  gave  me  permission  to  fill  some  wu- 
ter.  Wo  came  in  in  tho  morning  early ;  hadn't  been  there  twenty-four 
hours  then.  When  12  o'clock  came  and  we  were  down  below  at  dinner, 
hisboivtciinie  alongside  and  told  us  to  All  our  water.  We  went  on  shore 
and  fillo<l  water  and  (uinie  back,  and  because  we  didn't  get  under  way 
right  off  ho  told  us  ho  wanted  us  to  get  out.  I  told  him  1  wasn't  in  no 
hurry  about  going  out.  Jlo  says,  "  I  am  going  out,  j'ud  I  want  you  to 
fp  out."  "  Well,"  said  I,  *'  wo  have  the  i)rivilege  of  staying  hero 
tffciityfoiu"  hours,  don't  we  ?  "  Ho  says,  "You  have  tho  privilege  of 
suyiiis  liere  for  nothing;  now,  you  have  filled  your  water  you  nuist  go 
to  sea."  "  Well,"  says  I,  "  1  have  entered  the  vessel,  and  1  don'i;  know 
whiit more  he  wants.'  Said  I,  " I  ain't  in  no  hurry  about  going  out ;  I 
don't  want  to  go  out  antil  about  dark." 

Q.  That  was  tho  same  day  you  had  come  in? — A.  Yes,  sir;  we  camo 
iu  about  9  o'clock  and  entered  the  vessel  about  10  in  the  forenoon.  JUt 
lust  lie  annoyed  us  so  vnuch  that  we  got  under  way  and  went  out,  and 
he  chased  on  behind  us,  and  when  we  got  within  a  quarter  of  a  mile  of 
the  lighthouse  we  hauled  down  the  jib,  hove  to,  and  when  wo  did  that 
ho  (lid  80,  too,  and  began  to  n)an  his  boat.  I  didn't  want  to  lay  my 
vessel  liable  to  any  seizure  or  anything,  and  so  I  got  a  little  scared  and 
kept  her  oil',  and  calculated  where  tho  three  miles  was,  and  hove  to 
there,  and  then  if  he  took  us  he  might.  But  after  he  found  wo  were 
down  off  Khore  he  let  us  alone. 


THIRD  CASE  OP  THE  ABBIE  A.  SNOW. 


Two  nights  after  wo  were  driven  in  again  by  the  weather,  and  this 
time  is  where  the  trouble  came. 

Q.  Did  you  lose  your  anchor? — A.  No,  sir;  we  just  kedged  over  the 
j  hottom  and  wont  away  from  our  trawls ;  it  was  blowing  heavy.    This 
time  he  caujc  on  board  himself  personally  with  men  with  cutlasses  and 
;  revolvers,  and  left  ii  guard  on  board,  and  then  with  cutlasses  and  re- 
volvers took  me  in  tho  stern  of  his  boat  and  carried  mo  ashore,  r  iitered 
I  the  vessel,  and  gave  me  strict  orders  to  allow  no  man  to  go  on  shore. 
When  wo  got  up  to  tho  collector's  office  he  says  to  tho  collector,  "This 
man  is  making  this  harbor  a  place  to  frequent,"  and  he  says,  "  if  he 
I  comes  in  here  any  more  I  shall  put  him  to  a  good  deal  of  trouble."    He 
j  told  that  to  the  collector  of  the  port. 

I  Q.  That  is  what  the  captain  of  the  cutter  said  to  the  collector? — A. 
Yes;  "if  he  comes  in  here  any  more  I  shall  put  him  to  a  great  deal  of 
i  trouble."  So  the  next  morning  we  got  under  way.  The  two  times  bo- 
;  tore  this  that  he  camo  on  board  ho  had  no  flag  to  represent  any  coun- 
j  try  or  any  thing  else,  neither  on  his  vessel  nor  in  tho  stern  of  his  boat, 
1 10  flag  whatever ;  I  didn't  know  whether  ho  was  a  naval  officer  or  a 
t  Mr  conductor. 

Q.  When  he  brought  you  back  this  last  time  what  did  you  do? — A. 
I  »c  remained  there  until  tho  next  morning,  and  then  got  underway 
I  wd  left  him.  »i 

Q-  Was  that  tho  last  of  it?— A.  That  is  the  last  I  saw  of  him:  that 
I  *as  a  fortnight  ago. 


724 


AMEKICAN    FiailKUY    INTEliEiJTS, 


BAIT. 

Q.  Is  it  necessary  now,  in  contliujtinjjj  tlie  cotlfisb  business,  to  go  into 
any  oftbeso  places  lor  bait? — A.  No,  sir;  it  is  not. 

Q.  Is  it  really  necessary  to  go  i»  lor  any  purpose  oxcej)t  to  fiud  sbelter 
or  to  repair  damages  sullered? — A.  That  is  all  I  know  of. 

OUTFIT,  CAPACITY,  ETC.,  OF  THE  ABBIE  A.  SNOW. 

Q.  IIow  do  you  get  fresh  water  down  there  at  Sand  Point,  Slielburue 
Harbor,  for  instance? — A.  Wo  carry  our  barrels  ashore  and  get  permis- 
sion to  fill  them  at  the  wells  of  private  individuals. 

Q.  How  many  men  do  you  carry  on  your  vessel? — A.  Ten,  all  told, 
including  the  captain. 

Q.  What  is  her  tonnage? — A.  Thirty -four  tons. 

Q.  A  small  vessel? — A.  Yes,  sir. 

CODFISH. 

Q.  How  many  pounds  of  codfish  can  you  bring  from  the  Bankst- 
A.  She  will  bring  about  50,000  pounds,  but  wo  haven't  had  that  many 
this  year ;  about  40,000  is  the  highest  this  year. 

Q.  IIow  do  you  cure  them  on  board? — A.  Wo  dress  them,  split  tiieni, 
and  put  them  into  tijo  liold,  and  salt  them  in  barrels. 

METHOD   OF  CURING  CODFISH.  '. 


Q.  Do  you  kcncli  them? — A.  Yes,  sir. 

ii,.  How  do  fish  cured  that  way  compare  with  those  cured  ou  shore,  iu 
point  of  quality? — A.  I  think  they  are  fully  as  good,  that  is,  if  they  have  j 
been  salted  properly. 

Q.  Do  you  put  on  all  the  salt  they  will  take  when  you  kench  them  j 
that  way? — A.  Wo  have  a  kind  of  system  of  so  iimny  bushels  of  salt  j 
to  what  we  call  a  tub  of  fisii.  ;- 

Q.  Does  it  make  a  pickle? — A.  It  makes  a  pickle  itself. 

Q.  So  that  when  you  get  homo  they  are  in  brine,  I  suppose  ?— A.  Yes,  j 
sir;  they  are  in  brine. 

Q.  Wliat  is  done  with  them  when  you  get  here  ?    Are  they  treated  auy  j 
further?— A.  They  are  salted  in  what  is  called  butts — molasses  lioj,* 
heads. 

Q.  I  suppose  that  brinedrains  out  and  dries  the  fish? — A.  No,8ir;  thej 
brine  is  in  there  and  keei)s,all  the  time. 

Q.  How  long  aro  they  kept  in  that  condition?— A.  All  the  way  fromj 
a  month  to  two  months;  some  keep  them  longer,  and  some  sliorter,| 
according  to  the  weather. 

Q.  What  is  the  next  step? —A.  Then  tbey  are  washed  out  and 
about  two  feet  high  on  what  they  call  water-horses ;  from  the  watcr^ 
horses  they  go  to  the  flakes  and  aro  dried.  j 

Q.  You  think  that  a  fish  treated  that  way  is  just  as  good,  if  I  uuderj 
stand  you,  as  one  that,  if  you  had  the  privilege,  you  would  carry  or 
shore  and  put  on  a  flake  at  Sand  Point?— A.  Yes,  sir;  they  commaij 
a  higher  price  in  our  markets  than  the  dried  fish — the  way  they  arr 
dried. 

Q.  So  that,  as  I  understand  it,  for  your  business  it  would  beuoobje 
to  have  the  right  up  there  at  any  of  those  places  to  go  ashore  for  tn^ 
purpose  of  curing  your  fish  ? — A.  Not  one  particle,  sir. 


AMERICAN    FISHERY    INTERESTS, 


TDKEE-MILE  LIMIT. 


72r) 


Q.  llow  liir  off  shore  up  in  those  waters  have  you  doue  your  lishiug 
ihisyear? — A.  All  the  way  from  ten  to  flfteeu  miles,  sometimes  twenty. 

Q.  Wore  there  Canadian  vessels  up  there  fishing  when  yon  were 
(luircf—A.  No,  sir;  there  were  some  small  boats  inshore  from  us,  all 
the  way  from  three  to  eight  miles  off  the  land,  but  we  didn't  fish  there. 

Q.  Tlieso  small  boats  np  there  get  the  largo  i)art  of  their  cod  more 
tliau  three  miles  out,  do  they  not? — A.  I  think  they  catch  them  outside 
the  three-mile  limit.  It  mjiy  be  that  sometimes  in  the  fall  of  the  year 
fish  will  go  further  in. 

FREE  PISH. 

Q.  If  I  understand  you,  then,  there  is  nothing  of  advantage  to  Ameri- 
can flsbcrmen  to  bo  had  from  the  Canadian  Provinces  that  would  bo  an 
equivalent  for  allowing  Canada  to  have  the  right  to  bring  'tor  li^h  into 
our  markets  free  ? — A .  No,  sir. 

Q.  You  really  do  not  seem  to  need  anything  from  them,  ^  \i  ;',)r  ^shelter 
instress  of  weather  or  in  case  of  damage? — A.  That  is  .all,  tno  i)riv- 
ilegc  of  going  ashore  or  making  harbor;  and  then  when  a  vessel  is  en- 
tered in  port  the  crew  ought  to  have  permission  to  go  wherever  they 
please  if  they  are  in  health.  All  other  countries  do  that,  and  I  don't 
know  why  the  Dominion  of  Canada  can't.  I  don't  see  why  she  has  any 
more  right  to  prohibit  crews  of  vessels  from  visiting  the  shore  than  any 
ot'.ior  country. 

THE  ABBIE  A.  SNOW'S  PAPERS. 

Q.  Your  vessel,  1  suppose,  had  only  the  onHiiary  fisliing  papers? 
-A.  That  is  all;  the  enrollment  and  license. 

Q.  Did  you  show  the  visiting  ofQcer  your  papers,  or  did  he  demand 
them?— A.  He  didn't  demand  them ;  I  carried  them  to  the  custom-house, 
ami  the  collector  looked  at  the  license,  but  nothing  more. 

By  Senator  Prye:  ; 

Q.  Did  you  also  have  a  i)ermit  to  trade? — A.  Yes,  sir.  ' 


TESTIMONY  OF  CAPT.  JOHN  CHISHOLM. 

Gloucester,  Mass.,  October  4, 1880. 

Capt.  JOHN  CHISHOLM  sworn  and  oxaminetl. 

By  Senator  Edmunds  :  »f    •  -.  -"  ■  ^  •    w 

QuCvStiou.  What  is  your  age? — Answer.  Forty-four. 

Q.  Where  do  you  live? — A.  I  live  in  Gloucester. 

Q.  Arc  you  a  native  of  the  United  States? — A.  I  was  born  on  Capo 
Breton  Island. 

Q.  Are  you  naturalized? — A.  Yes,  sir. 

Q-  How  long  have  you  been  naturalized? — A.  Sixteen  years. 

Q.  What  is  your  occupation  ? — A.  Fishing. 

Q.  How  long  have  you  been  engaged  in  that  occupation? — A.  Tweuty- 
I'wyears  in  this  country. 

Q.  Llavc  you  lived  hero  all  tliat  time?-T-A.  I  have  lived  hero  the  last 
sistceii  years,  and  off  and  on  before. 


p 

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726 


AMERICAN   FISHERY   INTERESTS. 


Q.  What  kind  of  fishing  have  you  been  engaged  in? — A.  Mackerel 
fishing. 

Q.  You  have  not  fished  for  cod  ? — A.  Not  much  since  I  Lave  been 
master. 

Q.  How  long  have  you  been  master? — A.  Sixteen  years. 

THREE-MILE  LIMIT. 

Q.  Where  have  you  fished  for  mackjrel? — A.  On  the  American  coast. 

Q.  Have  you  fished  in  the  waters  of  the  Gulf  of  St  Lawrence?— A  I 
did  in  1879. 

Q.  You  only  fished  up  there  one  year  ? — A.  I  fished  there  in  18(9 
and  also  a  little  in  1882  and  1883.  ' 

Q.  "Where  did  you  fish  on  those  three  occasions  ? — A.  I  fished  from 
the  mouth  of  the  Bay  of  Ohaleur,  Point  Miscou,  down  to  Prince  Ed- 
ward Island. 

Q.  How  far  off  shore  did  you  conduct  your  operations? — A.  We  got  i 
all  our  first  fare  off  shore. 

Q.  How  far  off  shore  ? — A.  From  five  to  fifteen  miles.  •      •    ^ 

DIPFBBENT    FISHING  GROUNDS,  v: 

Q.  How  large  was  your  vessel  ? — A.  Eighty-two  tons. 

Q.  Did  you  fish  with  a  purse-seine? — A.  Yes,  sir. 

Q.  Other  years  when  you  fished  up  there  where  did  you  catcii  your  ] 
fish? — A.  Wo  fished  there  a  short  time,  and  caught  130  barrels,  most  all ; 
inshore. 

Q.  Which  year  was  that? — A.  That  was  in  1882. 

Q.  Did  you  go  home  with  only  130  barrels?— A.  Yes,  sir. 

Q.  What  would  be  a  full  faro? — A.  Four  hundred  barrels. 

Q.  Then  the  third  season  where  ditl  you  fish  ? — A.  From  Prince  Ed 
ward's   Island  to  the  Strait  of  Canso,  but  didn't  get  any,  and  caiuej 
home  without  any. 

Q.  About  how  much  did  you  get  for  the  130  barrels  that  you  cap- 
tured inshore  that  year?-i-A.  About  $10  per  barrel. 

Q.  How  much  profit  did  you  make? — A.  I  can't  tell  exactly,  for  we i 
made  up  the  balance  of  the  trip  on  the  American  coast  coming  home, 

Q.  When  you  got  back  to  our  coast  you  struck  the  fish  again?— A, j 
Yes,  sir. 

Q.  If  you  had  only  got  this  130  barrels  what  kind  of  a  fare  woiild] 
you  have  made? — A.  I  would  have  made  a  loss. 

{i  ,  -  THREE-MILE  LIMIT. 

Q.  From  your  knowledge  of  the  fishing  up  there,  captain,  where dol 
you  say  the  great  bulk  of  the  mackerel  that  are  caught  by  \  -^sel  withj 
l)urse  seines  are  caught,  whether  inside,  or  outside  the  three  lo  liuetl 
— A.  The  great  bulk  is  caught  outside  the  three-mile  limit;  I  ^tlien 
in  1S85,  and  I  was  there  this  year. 

Q.  Where  did  you  fish  in  1885?— A.  I  fished  in  the  bend  of  the 
on  what  they  call  the  west  shore. 

Q.  When  you  fished  there  in  1885  was  it  before  tlio  first  of  JnIy,o^ 
afterwards  ? — A.  From  the  first  of  July  until  October.  J 

Q.  You  fishfd  outside  of  the  three  miles  then,  I  su])posc?— A.  ^\<| 
got  pretty  near  a  third  of  our  fish  inside — what  we  call  inside;  I  <lo"j 
know  as  it  was  inside. 

Q.  Did  anybody  molest  you?    Were  there  any  Canadian  crnisen 
about  there  at  that  time  ? — A.  Not  in  1885. 


AMERICAN   FISHER  I'   INTERESTS. 


727 


Q.  Were  there  many  other  American  vessels  up  there  at  that  timet 
-A  Twenty-one  sail,  I  believe,  at  one  time  in  1865;  some  going  and 
some  coming. 

Q.  Where  did  they  catch  the  most  of  their  fish  ? — A.  Some  got  most 
ontsule;  some  caught  a  few  inside,  I  suppose. 

Q.  Do  you  think  the  right  to  iish  inside  the  three  miles  is  of  any 
great  value  to  the  American  fishermen  ? — A.  I  don't  thiidc  it  is  any  at 
all. 

SEINE-FISniNG. 

Q.  Tbey  all  fish  now  with  seines — without  bait  and  without  hook  and 
lino t— A.  Without  hook  and  line. 

Q.  I  suppose  it  is  much  safer,  saying  nothing  of  the  amount  of  fish 
to  be  caught,  to  fish  oil"  in  deep  water  with  those  expensive  seines,  is  it 
not?— A.  Yes,  sir. 

NATIONALITY  OF  FISHERMEN. 

Q.  What  is  the  nationality  of  the  majority  of  the  people  on  your  ves- 
sel, these  ten  men  you  have  ? — A.  Four  are  from  the  Provinces ;  the 
rest  are  from  the  State  of  Maine  and  Gloucester. 

Q.  Did  you  pick  up  those  four  provincial  men  in  the  Provinces  ? — A. 
No,  sir;  I  shipped  them  here ;  I  sent  them  money  in  the  spring  to  pay 
their  passage  here  so  as  to  ship  with  me. 

Q.  Are  they  people  you  knew  ? — A.  Yes,  sir ;  I  knew  them  before. 

Q.  Did  you  send  for  them  in  the  spring  beqauso  you  understood  that 
you  would  not  bo  allowed  to  take  them  on  board  up  there,  or  because 
it  was  more  convenient  for  your  purposes  to  shiii  them  here  f — A.  We 
would  rather  ship  them  here,  and  so  I  sent  them  money  to  bring  them 
here.  We  are  never  short  of  men  hero ;  wo  can  ship  men  here  at  any 
nine. 

,  ..  OFF-SHORE    FISHING. 

I  Q,  Where  have  you  fished  this  year  il — A.  I  fished  from  5  to  15  and 
20  miles  ott'  land. 

Q.  What  land  ? — A.  Prince  Edward's  Island  and  Nova  Scotia. 

Q.  Was  it  codfish  you  caught  this  year? — A.  No,  sir;  mackerel. 

Q.  Have  you  seen  any  Canadian  vessels  fishing  this  year? — A.  Yes, 
sir. 

Q.  Where  did  they  chiefly  fish — close  inshore,  ov  far  out,  lake  tho 
rest?— A.  They  had  the  privilege  of  fishing  inshore,  but  most  of  them 
i  fished  with  the  Americans. 

By  Senator  Fr YE :  - 

(J.  llow  many  trips  did  you  make  this  season? — A.  Two  trijis. 

Q.  Up  there  into  those  waters  ? — A.  Yes,  sir. 

Q.  Aud  all  of  your  fish  were  taken  without  the  three-mile  shore  lino? — 
[A.  Yes,  sir. 

Q.  What  was  the  result  of  the  two  trips?  How  nmny  mackerel  did 
Ijou  take?— A.  I  took  482  barrels  tho  first  trip,  and  470  this  l;is;,  trip. 

Q.  Aud,  as  I  understand  you,  tho  two  times  that  you  did  fish  within 
the  three  mile  shore  line,  tho  first  trip  you  got  130  barrels,  an'.l  tlie  sec- 
jODd  you  got  none ^A.  That  is  right. 

BAIT. 

Q.  Is  there  any  occasion  for  a  cod-fisherman  to  g«>  into  the  i)ort8  ol 
^iwadiv,  except  in  bad  weather,  for  wood  or  water  or  torepnirt — A. 

Ifln,  sir. 


! 


M 


728 


AMERICAN   FISHERY   INTERESTa. 


Q.  Can  you  got  bait  euoiigU  without  going  tliero? — A.  Most  alwaysj 
they  catch  their  squid  ou  the  Banks.  '■ 

Q.  IIow  wouUl  clams  do  if  you  can  get  them? — A.  The  haudl 
lishormen  always  use  clams. 

By  Senator  Edmunds  : 

Q.  And  the  trawl  fishermen  use  salt  bait,  do  theyf — A.  TLoy  i 
fresh  bait. 

Q.  What  Ivind  of  fishermen  use  salted  bait? — A.  God-lisbcrmen iisoi 
salted  bait. 

Q.  They  use  clams  ? — A.  Yes,  sir. 

» 

FREE  FISH. 

By  Senator  Frye  : 

Q.  During  this  year  did  you  have  any  trouble  up  there? — A.  No, sir. I 

Q.  As  a  fisherman  you  do  not  know  of  anything  that  wo  need  ofl 

Canada  that  you  would  bo  willing  to  give  her  in  return  for  the  privilegoj 

of  sending  her  fish  into  our  market  free? — A.  No,  sir;  I  don't  know  of 

anything  that  wo  want  of  them. 

COMPENSATION  OF  FISHERIMEN. 

Q.  What  are  the  .average  wages  tliat  fishermen  have  made  every  yea: 
in  the  fishery  business,  year  after  year,  say  for  the  last  ten  years! 
do  not  mean  masters  of  vessels,  but  the  men  themselves. — A.  I  shouldn'tj 
think  it  would  be  far  from  $40  a  month. 

Q.  The  year  through,  or  only  during  the  fishing  season?— A.  Tlii^ 
fishing  season. 

Q.  Which  is  seven  or  eight  months? — A.  Seven  months  and  a  half  fo^ 
mackerel  fishing. 

Q.  Do  most  of  these  from  Gloucester  sail  on  shares?— A.  ThcyaU 
sail  on  shares. ,  / ,  :••  iV';;:v^:?  .„■:. ,,  ^  _ u-^.- ■:  ■  r'" 

CANADIAN  METHODS  CONTRASTED  WITH  AMERICAN. 

Q.  How  does  tho  cost  of  the  outfit  of  an  American  fishing  vessel  comJ 
pai'e  with  the  cost  of  tho  outfit  of  a  Canadian  fishing  vessel?— A.  W«[ 
feed  our  men  better,  autl  wo  pay  them  in  cash  as  soon  as  the  fish  an 
weighed  ofl";  but  down  there  the  vessel-owners  have  stores  and  tlie^ 
pay  their  men  out  of  the  stores  the  year  round. 

Q.  And  have  a  big  profit  on  tho  goods? — A.  They  have  two  profitSj 
tho  cash  price  and  the  retail  price. 

Q.  Does  tho  Canadian  fisherman  have  to  wait  for  his  money  until  tlij 
cargo  is  sold? — A.  They  have  to  wait;  they  settle  only  once  a  year. 

Q.  And  the  American  fisherman  is  paid  as  soon  as  his  trip  is  eude(l| 
— A.  Every  trip  ho  is  paid  in  cash. 


CANADIAN   WAGES. 

Q.  About  curing  tho  fish;  do  not  Canadian  people  employ  very  muM 
cheaper  labor  to  euro  their  fish  than  Americans? — A.  Yes,  sir;  it r 
cheaper. 

Q.  Do  they  employ  women  and  children? — A.  Yes,  sir. 

Q.  At  how  much  per  hour? — A.  They  probably  pay  a  woman  ashij 
ling  a  day. 

Q.  What  do  you  pay  her?— A.  Wo  pay  a  woman  25  to  30  cents i 
hour  on  the  wharf  here. 


AMERICAN   FISHERY   INTERESTS. 


720 


CANADIAN   VESSELS. 

Q.  Do  the  Cauadiau  vessels  cost  less  than  yours? — A.  They  can  be 
bnilt  there  at  from  $18  to  $20  a  ton ;  we  liavo  got  to  pay  $45  a  ton. 

Q.  And  yours  will  cost  about  $100  a  ton  to  tit  for  sea? — A.  Yes,  sir. 

Q.  Aiul  theirs  will  cost  about  $00  a  ton  to  fit  for  sea? — A.  Yes,  sir; 
aiid  they  receive  a  bounty. 

BOUNTY. 

Q  How  much  bounty  do  the  Canadian  fishermen  receive? — A.  I  can't 
say;  I  think  it  is  $1.80  a  ton. 

Q,  The  boatmen  receive  a  bounty,  too,  do  they  not? — A.  Yes,  sir;  as 
soon  as  they  can  prove  that  they  have  landed  1,200  pounds  of  fish. 

PRIVILEGE  OP  LANDING  IN    CANADA. 

Q.  As  a  matter  of  fact,  has  there  been  any  necessity  whatever  during 
Ithelast  IR  years  for  our  fishermen  to  use  the  Oanadisin  shores  for  dry- 

Dji purposes? — X.  No,  sir. 

Q.  So  that  that  is  a  privilege  which  now  is  of  no  use? — A.  No  use. 
iTliefish  have  got  to  bo  salted  before  they  are  cured,  and  they  are  salted 
I  aboard  the  vessels. 


WHOLESALE  AND  RETAIL  PRICES. 

Q.  You  sell  your  fish  here  to  the  wholesaler? — A.  Yes,  sir. 
Q.  During  the  last  15  years  has  the  business  been  profitable? — A.  No, 
jsir;  the  business  has  not  been  profitable. 
^^  Q.  Take  the  whole  15  years  together,  have  your  vessels  netted  10  per 
Thcvall^B*'^^'  ^^^^ ^^'  l^PP'^  cent. over  and  above  insurance,  deterioration,  and 
^^everything?— A.  No;  I  don't  think  they  have. 

RELATIVE  COST  OP  UNITED  STATES   AND   CANADIAN  VESSELS. 

By  Senator  Saulsbury  :  .  ■         .vii'/ 

Q.  You  wtre  speaking  of  the  cost  of  construction  of  vessels  in  Canada 
^Dd  liere.  I  think  I  understood  you  to  say  that  the  cost  of  a  Canadian 
psel  was  $25  to  $30  per  ton;  that  is  for  the  hull,  I  suppose? — A.  For 
p  bull  and  spars. 

Q.  What  do  you  say  it  would  cost  here? — A.  Forty  to  forty-five  dol- 
lars a  tou. 

Q.  What  is  the  reason  for  this  difterenco  in  the  cost  of  construction? 
sitliecause  our  vessels  are  better  built,  or  because  the  materials  en- 
tering into  the  construction  of  them  are  subjected  to  duty  in  this  coun- 
ty!—A.  Labor  is  higher  here,  and  we  have  got  to  pay  for  protection 
fill  Ww  manila  and  everything. 

Q.  Is  it,  or  not,  true  that  the  American  fishing  vessels  are  better  fin- 
^bed  and  have  more  work  expended  upon  them  ? — A.  It  may  be  so,  and 
iey  may  last  longer,  but  for  their  purposes  the  British  vessel  is  just  as 

od. 

Q.  Then  another  item  is  the  difference  in  cost  of  labor  in  curing  the 
Isli?— A.  Yes,  sir. 

Q.  You  say  they  employ  women  and  children  ? — A.  Yes,  sir. 
i  Q.  If  the  same  class  of  labor  in  caring  fish  was  employed  hero,  what 
Nd  the  difference  bo  principally  1    AVould  the  difference  in  cost  be 
^ groat  as  it  is?— A.  1  don't  know. 


until  tli| 
a  year, 
is  eiideill 


vcrymucj 
sir;  itt 


730 


AMERICAN   FISnERY    TNTIJRESTS. 


FISn  CAUGHT  IN  AMEUIOAN  AND   CANADIAN  WATKRS. 

Q.  What  proportion  of  tlio  lish  that  are  brought  into  thisinarketdo 
you  estimate  are  caught  iu  British  waters  ? — A.  1  couldn't  answortliat 
very  well.  The  largo  part  of  the  mackerel  this  year  have  becu  caii4t 
in  British  waters ;  that  is,  beyond  American  waters.  There  arc  mm\. 
fish  hardly  caught  in  the  13ritish  waters  this  year. 

Q.  Do  you  know  anything  about  the  proportion  of  salt  and  froslifisli 
that  come  into  these  markets? — ^A.  No,  sir;  1  do  not. 


TESTIMONY  OF  CAPT.  SYLVANUS  SMITH. 


Gloucester,  Mass.,  (>6'<o/w  4,  I88fi. 
Capt.  SYLVANUS  SMITH  sworn  and  examined. 

By  Senator  Edmunds  : 

Question.  What  is  your  age?— Answer.  Fifty-eight. 
■     Q.  Where  do  you  reside? — A.  In  Gloucester. 

Q.  You  have  lived  hero  a  long  time? — A.  I  am  a  native  of  tlie  Cape,; 
and  I  have  lived  here  in  this  town  thirty  years. 

Q.  What  is  your  occupation? — A.  I  am  carrying  on  the  lisliiii},' biisij 
ness  at  present. 

Q.  Do  you  mean  as  master  of  a  vessel  ? — A.  No,  sir ;  as  owner  »iiil| 
litter.  I  was  master  of  a  vessel  seventeen  years,  iishing  in  the.  (liilf  nf 
St.  Lawrence. 

Q.  Do  yon  buy  and  sell  fish? — A.  Yes,  sir. 

Q.  And  iit  out  vessels? — A.  I  own  a  fleet  of  vessels,  and  buy  to  somij 
extent  outside  of  the  fish  that  my  own  vessels  catch. 

Q.  How  many  vessels  have  you? — A.  I  have  13  at  present. 

Q.  IJave  you  over  been  a  fisherman  yourself? — A.  I  went  until  Iwoj 
35  years  of  age ;  I  began  when  I  was  10  years  old;  1  was  master  for  1' 
years.  ^ 

Q.  And  you  quit  fi.shing  what  year? — A.  In  1SG4.  ,. 

•,,,i     ;       t.  TREATY  OP  1854.  .    ; 

Q.  Then  you  had  experience  in  fishing  both  before  the  rccipnxit^ 
treaty  of  1854  and  during  its  existence? — A.  I  was  fishinfjintlielisl 
of  St.  Tjawrence  in  1849,  and  all  the  time  after  that  until  I8G1. 

Q.  What  was  the  effect  of  the  treaty  of  1854  on  the  Americiin  fisliii 
interest? — A.  Well,  I  don't  know  as  there  was  any  ])articularelfret( 
it  at  all.  There  was  some  little  point  about  the  privilege  wo  had  in  th 
fall  of  the  year,  in  windy  weather,  of  going  into  harbor,  if  wo  gotiuled 
offish,  to  cure  them.  Before  the  treaty  they  didn't  allow  us  to  do  sa 
I  never  caught  many  lish  inshore;  very  few  were  caught  wliere  Ilislier 
I  Q.  Were  you  fishing  for  cod  in  those  days? — A.  I  was  cod-lisiiiiiRf 
our  shore  the  fore  part  of  tije  year ;  after  J  uly  wo  cliangc-d  our  biisiiiel 
and  went  to  mackerel  fishing;  that  was  the  general  custom  nt  tli^ 
time. 

Q.  But  .so  far  as  the  right  to  catch  fish  inside  of  the  tliroo  miles  wj 
concerned,  the  treaty  of  1851  madeiio  practical  diilerenc^c?— A-  1 H 
think  it  made  much  difference;  occasionally  there  would  lie  some n| 


AMERICAN    FISHERY    INTERESTS. 


731 


iiislmn',  Jintl  where  they  fished  it  might  have  alTected  them.  Where  I 
fislii'd,  mostly  around  the  MagdaU'iis,  we  ilshed  where  wo  were  a  mind 
to,  hi  the  lull  sometimes  the  fisli  would  get  near  the  shore  around 
Cilpc  lirotoji,  and  there  would  be  some  days  that  the  fisU  would  bo  in- 
shore ;  that  would  bo  along  from  the  middle  of  October  until  November. 
TIk^  rest  of  the  year  the  fish  were  mostly  oflsliore. 


''1 


INSHORE  FISHERIES. 

Q.  Taking  the  general  run  of  the  year,  in  and  out  for  ten  or  twenty 
vciirs  together,  according  to  your  o'^^crvatiou  and  experience,  the  value 
"of  (lio  inshore  fishing  is  very  smail,  is  it  not  ? — A.  It  is  very  small ; 
iliat  is,  to  a  master  of  a  vessel  and  fitter ;  I  have  been  having  vessels 
inuiiiiijj  Kinco  that  time. 

(>.  While  the  treaty  of  1871  was  in  operation,  what  occasion  was  there 
for  lisliermcu  to  fish  within  three  miles  on  those  shores ;  how  much  practi- 
(sil  advaiitiigo  was  thjit? — A.  It  wasn't  any  to  mo.  I  had  several  ves- 
isdsaloug  there  during  those  years,  and  they  made  a  failure  of  it,  and 
caiiie  homo  to  fish  on  our  shores.  Previous  to  this  year,  for  tho  last  ten 
hears,  mackerel  h.ive  been  plentiful  on  our  shores ;  this  year  it  Las  been 
almost  a  total  failure ;  some  few  that  wont  into  tho  Bay  didn't  get  any- 

tllillL'. 


PUHSE-SEINES. 


Q,  Do  your  knowlledge  and  information  cause  you  to  agree  in  opin 

on  with  the  other  gentlemen  whom  you  have  heard — and  in  fact  with 

jail  tlio  people  we  have  seen,  from  Provincotown  up — as  to  whore  tho 

|i;r«at  bulk  of  tho  mackerel,  take  it  year  in  and  year  out,  caught  in  tho 

iGnlfof  St.  Lawrence,  that  they  are  caught  outside  of  the  three  miles 

jwitli  luu'sesciues? — A.  When  I  wont  there  fishing  wo  caught  ours,  as 

1  say, outside  tho  three  miles ;  but  I  never  wont  seining;  knowing  the 

li'liaracter  of  the  bottom  there  I  shouldn't  suppose  it  would  be  practica- 

ile  to  fish  with  a  seine. 

By  Senator  Frye  : 

Q.  Yonfished  with  hook  andliuo? — A.  With  hookand  lino.  I  shouldn't 
ppose  it  would  be  practicable  to  fish  with  a  soino  there ;  it  has  a  very 
nxky  bottom  and  shoal  water. 


.  'H 


CURING  FISH  ASHORE.  -v^i- ;    fi  \   i^-.V 

By  Senator  Edmunds  : 
Q.  Perhaps  you  have  been  along  those  shores  up  there  enough  to  know 
k^ktlioror  not  they  are  occupied  now  by  people  ? — A.  I  think  it  is  pretty 
fell  settled  all  around  tho  coast,  so  far  as  1  know. 
Q.  In  that  case,  under  the  old  treaty,  tho  question  might  arise  whether 
loiuould  be  obliged  to  arrange  with  tho  shoremen  for  labor  in  drying 
[our  fish  or  anything  else  that  you  wanted  done  on  shore,  or  otherwise 
lijlit  bo  an  invasion  of  the  rights  of  private  property. — A.  That  mode 
f  fishing  has  much  changed.    There  are  no  fish  cared  ashore  j  it  is  a 
Jiiifjof  tho  past;  I  don'l;  think  there  has  been  anything  of  tho  kind  for 
prty  years, 

I Q.  Are  there  not  some  cured  ashore  at  St.  Pierre  f — A.  Those  are 
M  by  tho  natives  there,  not  by  Americans. 


732 


AMERICAN    nSTIKRY    INTKRERT8. 


KKNCIIOUUKI)   AND   PIOKLKOURED  FIHII. 

Q.  What  do  you  think  of  tho  vahic,  respoctively,  of  sliore  ('iiml  fljJ 
as  oomparod  with  thos(^  that  arc  koiKili  cured,  as  it  i.s  called  I  bdiovft 
and  bwuf^ht  homo  and  ])icklcd? — A.  For  our  market  hero  tlicir  fisM 
haven't  much  vahie.  Wc  have  what  wc  call  tlui  i)icklc-cmeil  lisjp  thai 
is  what  suits  our  market.  Their  market  is  more  for  the  Hniziis  aij 
West  India  market,  and  the  foreign  trade  generally. 

Q.  J  low  arc  they,  in  respect  of  quality,  as  a  pood  Ibod  ?— A.  Thoymt 
good  food  enough  for  the  climato  thoy  go  into,  but  they  are  not  goodfoi 
onr  trade  here. 

Q.  Wluit  1  want  to  got  at  is  this :  Assume  that  you  keep  house,  ora 
least  eat  meals  somewhere ;  if  you  want  to  have  to-morrow  inoriiiDi 
for  your  breakfast  the  best  possible  salt  codfish,  would  you  liavouijoi 
St.  JMerre  cured  lish,  or  a  kench  cured  fish  ? — A.  If  1  was  }?oiii<]f  (lom 
to  my  warehouse  to  t-ake  out  fish  I  should  take  out  a  Georges  pickM 
cured  tish.  In  no  c.aso  would  I  take  a  St.  IMerre  fish  to  carry  it  awaj 
becaus«5  it  is  not  the  kind  of  tish  that  1  want  at  all.  They  do  (nin;  rou 
for  table  use  to  cut  ui>  and  eat  raw ;  sometimes  a  few  are  used  that  ni 

Q.  For  the  general  consumption  of  i)eople  who  eat  fish  you  think  tlii 
niotliod  of  konch  curing  is  Just  ivs  good  as  any  other'? — A.  Wo  liuvei 
call  in  our  trade  for  any  other  kind. 

Q.  Now  «',ome  to  exportation.  The  drier  the  salt  fish  is,  I  suppose 
the  better  it  will  bear  a  warm  and  humid  climate! — A.  They  have t 
bo  «lry-cured  for  exportation. 

Q.  Can  you  treat  these  kencheured  flsh  when  you  get  them  licrej 
Gloucester  in  such  a  way  that  they  could  bo  sent  to  the  West  hulips( 
to  the  East  Indies  and  not  spoil  ? — A.  They  have  to  go  tliroui;li  liiai 
jirocess  of  pressing  and  drying  more.  One  way  would  ho  topiutl 
inte  brine  in  butts ;  the  other  way  is  to  wash  and  dry  them  ami 
them  out  on  the  flakes  several  times  in  order  to  get  the  requisite drj 
ness.  At  times  wo  make  large  quantities  for  the  Boston  market;  tlii 
are  made  by  the  same  process  that  they  make  them  at  St.  Pierre  ai 
Nova  Scotia.  I  think  thoy  make  a  specialty  of  that,  and  I  think  tliJ 
tish  of  that  class  are  fully  better  than  ours,  because  they  niakealarj 
quantity  of  flsh  that  way,  and  it  is  not  often  we  make  them.  Sometiml 
when  tlio  market  is  poor  we  have  a  call  from  Boston. 

Q.  There  is  nothing  in  tho  fact  that  you  bring  them  in  in  briiio!-^ 
Our  fish  are  handled  in  the  same  way  that  theirs  are  until  tlicyi 
brought  ashore. 

"■ '"   DUN  Fisn.  "'      ■  ■■'■■'•■  '■■'-'■' 

Q.  Are  these  i)articular  kind  of  flsh  wo  have  been  speaking  of  d^ 
tho  dun  flsh  ? — A.  No ;  it  is  the  ago  that  gives  the  name  of  dun. 

Q.  Take  a  dry  cured  flsh  and  put  it  through  the  process,  anditth 
Incomes  the  dun  flfsh  ?— A.  It  would  after  it  had  the  ago  on  it. 


RECIPROCITY. 


Q.  From  your  observation  what  advantage  would  it  be  to  tiieflslij 
interests  of  the  United  States  to  make  this  sort  of  an  exchange  hctwJ 
United  States  and  Canada :  Canada  to  give  us  the  right  to  cure  lislj 
her  shores,  the  right  to  shij)  flsh  by  rail,  tho  right  to  flsh  within  hertn| 
mile  shore  line,  the  right  to  buy  bait,  tobacco,  and  everything  wl 
sired  by  tho  fishermen ;  we,  in  return,  to  give  the  provincial  men  f 


AMEKICAN    FISHEUY    1NTEUE8T8. 


738 


Irielit  to  do  tim  Hiiino  IIuiikb  on  our  slioivw,  uiul  tho  lijjht  to  btiu}?  their 
Itob  oiHiilti'd  lish  ill  lieel    You  would  hardly  uiako  u  trade  of  that  kind, 
Isiipposot— A.  I  should  say  it  would  bo  a  very  hard  trade  for  us. 

RAIT. 

Q,  For  tlu^  (jod-flsheries,  do  you  want  to  go  there  now  for  bait T— A. 
Iliiive  KOiiKi  Koven  or  eifjfht  vessels  that  have  been  coil-lishinff  this  year, 
ami  1  think  they  have  not  been  to  the  provincial  ports  at  all  for  bait ; 
llliev  liiivo  caught  most  of  their  bait  on  tlie  Banks. 

(i,  Have  you  generally  sent  out  a  quantity  of  clam  bait  ? — A.  Wo 
Ifcivcii't  liHlR'd  that  way,  but  we  used  to  years  ago. 

Q. 'j'lanis  are  use(l on  trawls'? — A.  Not  a  great  deal. 

Q.  Wluit  do  you  use  on  trawls? — A.  Sometimes  we  carry  salt  herring 
[juil  luack'TC'l,  and  they  fish  with  what  they  call  shack,  and  birds,  too. 
Iliad  a  vesiti'l  that  went  this  year  that  way — cut  up  small  fish  and  any- 
iiiigof  that  kind  for  bait.  Buying  bait  is  a  thing  that  has  come  up 
uoro  recently.  Vessels  used  to  go  to  the  Banks  with  salt  bait,  and  lisli 
litji  clams  or  with  birds  and  shack  and  such  bait  as  they  could  take 

•om  tbo  lisli.  Some  ten  or  fifteen  years  ago  tho  vessels  began  to  go  in 
Imtlio  l>ank  trips  and  get  their  bait  in  Newfoundland.  I  am  speak- 
Bg  more  particularly  of  the  Grand  Banks.     But  I  doubt  if  that  has 

fiu  any  l)ouefit  to  us.    Wo  have  paid  out  a  large  amount  of  money 

kre,  wiiilo  the  Capo  Cod  vessels  that  have  pursued  the  old  way  of 

;  have  made  better  voyages,  I  think,  than  ours  have,  because  they 

^ave saved  large  expense;  and  if  we  are  unable  to  get  our  bait  there, 

8 has  been  the  case  for  some  time,  we  will  go  back  to  tho  old  method 
^Bil  adapt  ourselves  to  circumstances. 

Q.  There  is  bait  enough  to  be  caught  in  our  waters,  is  thore-not,  tok- 
JDg  clams,  ineuhadon,  and  what  herring  wo  have? — A.  We  have  no 

onble  iu  baiting  our  vessels  without  going  there  to  buy  it.  The  vessels 
lave  iu  past  years  often  gone  in  there  just  because  it  has  been  the  cus- 
M,  aud  some  of  them  started  this  year  tho  same  way,  but  after  they 
band  that  they  were  prohibited  from  going  in  for  bait  they  have  adapted 
^emselves  to  circumstances,  and  have  got  bait  on  our  own  coast  and 

1  tho  Banks. 

I Q,  Aud  I  suppose  it  is  rather  a  temptation,  when  there  is  the  right 

!  free  entry,  to  the  fishermen,  because  they  rather  like  to  go  ashore  at 
[pleasant  little  village  and  have  a  good  little  time? — A.  We  think  that 

eates  against  us  as  owners.  .      t .    v.  ■ 


;SiM 


'.  I 


II 


SEIZURES. 

[Q.  Have  any  of  your  fleet  been  molested  or  disturbed  in  any  way 
me  the  expiration  of  tho  treaty?— A.  None  of  my  own  fleet  ])articu- 
irly.  Tho  Adams  was  a  vessel  from  my  wharf;  she  was  owned  by  her 
japtain. 

[Q.  Where  is  the  captain  of  the  Adams? — A.  The  captain  was  not 
loiird  at  the  time;  it  was  Captain  Lewis  who  was  aboard.    But  both 
fcecaptains  are  away. 

|Q.  Aud  none  of  the  vessels  in  which  you  have  an  interest  were  dis- 
itbed?— A.  I  have  had  five  vessels  fishing  in  the  Bay  of  St.  Law- 
fnee  this  year  for  the  first  time  for  several  years.  My  fishermen  have 
ibed  on  this  coast  for  mackerel  for  several  years,  but  in  the  absence 
f  mackerel  ou  this  coast  they  have  had  to  gointo  the  Bay  with  tho  rest 
ftliem.  I  have  been  advised  that  they  got  their  fish,  all  of  them,  from 


%'.\\ 


m-.  I'^i 


hi 


734 


AMElilCAN   riSUEliY    INTEUESTa. 


0  to  10  siiul  15  luilos  offaliorc,  aiul,  ho  far  jis  cutters  wore  coucerind 
tliey  hardly  saw  one.  They  hadn't  any  occaHiou  to  tjo  iiifsliorcjaml  oil 
the  whole,  they  thought  it  was  an  advantage  to  be  prohibited  liom  ;rJi,|,, 
inshore. 

COST  OP  VESSELS  AND   OUTFITS. 

Q.  About  how  many  men  compose  the  crews  of  your  vessels !— A.  IH 
teen  to  eighteen  in  each. 

Q.  What  wouhl  bo  about  the  average  tonnage? — A.  Seventy  livutuj 
eiglity  tons. 

Q.  Whatwould  bo  tlie  average  cost  of  those  vessels,  hull  and  h|(:iis!-  I 
A.  Hull,  spars,  and  sails,about  $8,000  lor  mine. 

Q.  J  low  nuicli  does  the  outUtcost? — A.  About  $2,500  to  $;5,000  witli  j 
the  seines. 

LIFE  OP  SEINES. 

(J.  How  long  will  one  of  these  purse-seines  last? — A.  Aboiit2jeare,j 

1  should  say.  i 
Q.  Then  they  get  rotten? — A.  Then  they  got  rotten.    TheyaroiiiadJ 

of  very  tine  twine,  and  some  portions  of  them  have  to  be  rouiulod  iiif 
that  time ;  perhaps  in  one  season  some  portion  will  give  out. 

Q.  Even  when  the  net  has  met  with  no  serious  accident?— A.  YcJ 
sir.  rerhai)s  a  third  of  it  woidd  have  to  be  taken  out  the  second  yearJ 
out  of  the  middle  of  it,  the  bunt. 

NATIONALITY  OF  FISHEEMEN.  - 

Q.  What  is  the  nationality  of  your  crews? — A.  From  observatioii  ij 
should  thinlc  about  one-third  are  foreigners  of  different  countries,  aud 
two-thirds  American.  1  speak  more  particularly  od"  the  seining  vesj 
eels.  1  think  the  seine  iishermen  are  more  largely  Aniericau  than  lliq 
cod-fishermen  ;  perhaps  half  of  the  cod-fishermen  are  Americans. 

By  Senator  Frye  : 
Q.  And  two-thirds  in, mackerel  fishing? — A.  Yes,  sir.    Ihavogotou^ 
man  that  has  about  the  whole  of  his  crew  Americans. 

By  Senator  Edmunds :  •  a!. 

Q.  I  am  taking  it  at  large. — A.  Taking  it  on  an  average. 

EFFECT   OF  DUTY  ON  PKICES.  '     ' 

Q.  Has  there  been  any  change  in  the  retail  prices  of  salt  fish,  sofaj 
as  you  have  observed,  which  you  can  refer  to  tho  fact  that  adutylim 
been  put  on  since  1885? — A.  I  don't  know  about  the  retail  price;  la^ 
only  familiar  with  the  wholesale.  So  far  as  my  knowledge  goes,  1  knoj 
no  ditterence. 

Q.  What  has  been  tho  etiect  on  tho  wholesale  prices? — A.  Tho  du^ 
went  on  a  year  ago  last  July ;  I  think  the  price  of  codfish  is  about25i)e( 
cent,  lower  than  a  year  ago  last  July.  As  to  mackerel,  there  has  beeuj 
very  short  catch  of  mackerel,  so  few  that  there  has  been  quite  alargi 
advance  in  jirice. 

Q.  Has  the  advance  gone  up  quite  beyond  the  duty? — A.  Yoiimiglj 
say  there  has  Ix'cn  comparatively  no  mackerel ;  there  has  been  none  ( 
this  coast;  and,  altogether^,  there  has  been  a  short  catch,  so  that  thedu^ 
has  not  afl'ccted  it. 


AMERICAN    FI8UE11Y    INTERE8T8. 


735 


Q  pid  yoii  notice  iiny  sudden  rise  inunodiately  aftor  tlio  Ist  of  July, 

11885  in  tlio  wholoaalo  prices  of  any  kind  of  llsli,  as  a  consequence  of  the 

ilntyV'"i"o  ""  '^^  ^^'^^  tiujo? — A.  There  Iuih  been  no  rise  in  llsli  on  that 

Q.  I^oiio  of  you  dealers  put  up  your  prices  on  account  of  that  faiitt — 
A.  No;  't  h<is  l)een  the  other  way.  We  had  laid  in  largo  stocks  of  fish, 
(Ij,,  jreiioral  impression  bcinj;  that  wo  might  get  some  advance,  but  it 
hrtnttho  other  way  ;  it  was  ruinous,  and  our  prices  have  gone  down  to 
almost  iiotliing ;  that  is,  where  lisli  fetched  two  years  ago  $3.50  a  quintal, 
tkpiit'i'  went  down  to  $1.75;  that  is,  while  ti^l^duty  was  on,  the  price 
IwsJMt'j  and  the  same  lish  went  down  to  $1.75  ami  $2  for  114  pounds. 

EFFEOT   OF  QUALn.Y  ON   PlllCES. 

Q.  How  was  the  mackerel  catch  last  y<'ar? — A.  It  was  quite  large 
I  to  y  cur.  fhere  is  another  thing  that  haN  illected  the  price,  and  that 
lis  tlio  (iiiality.  Last  year  they  were  No.  2,  and  small  oues  at  that,  and 
Itboiuice  was  very  low;  this  year  the  mackerel  that  have  been  caught 
lire  very  largo  and  of  better  (piality.  So  that  a  portion  of  the  advance 
[in  price  lias  been  duo  to  quality. 

y,  But  the  quantity  has  been  much  diminished? — A.  Very  much 
liiimiiiishcd ;  the  catch  has  been  very  small.  The  statistics  of  the  Fish 
iBureiiu  show  that. 

PRESn  AND  SALT  FISU. 

Q.  WLoro  do  you  sell  the  most  of  your  salt  tish  ? — A.  I  sell  mine  on 
|tlie  markets  here,  to  the  dealers  mostly. 
(J.  You  do  not  ship  to  distant  points  ? — A.  Not  to  any  great  extent. 
Q.  Do  you  deal  in  fresh  fish  at  all? — A.  No  more  than  that  ray  vessels 
)fresb-L^biijg  and  their  fish  are  sold  to  the  dealers  in  Boston;  that  la 

LAY.     ,,_,  ..,  .  :    :- 
By  Senator  Fkte  : 
Q.  I  would  like  to  have  you  give  the  exact  lay  of  the  fishing  business 
|rith your  sailors,  you  own  so  many  vessels. — A.  In  hand-line  fishing 
eliiuau  has  his  own  fish,  and  one  man  can  make  a  largo  trip  while 
Botber  man  will  make  quite  a  small  one.    Then  they  have  what  they 
lalialfliue.    The  crew  pay  the  cook's  wages,  the  ice  and  the  bait, 
1  perbaps  some  other  little  bills,  which  are  called  stock  charges. 
lifter  those  stock  charges  are  taken  out  the  rest  is  divided  amongst  the 
n- according  to  their  catch. 

I Q.  How  divided  ?  What  proportion  of  the  whole  catch  does  the 
rliolecrew  get— half  ? — A.  One-half  of  their  own  catch;  half  of  each 
Vs  catch.  After  taking  out  the  stock  charges  the  crew  gets  one- 
ulf  of  the  whole. 

[Q.  Then  each  man  has  of  that  half  the  proportion  that  he  takes  with 

inc !— A.  Yes,  sir.    Among  trawl  fishermen  some  go  that  way,  and 

)  lieavc  altogether  and  then  average. 

[  Q.  Now  mackerel. — A.  In  the  mackerel  fishery,  taking  the  average 

1  mackerel  sold  hero  and  put  into  barrels,  the  barrels  havo  to  come  out 

itiio  stock ;  some  few  other  little  trivial  charges  come  out  of  the  stock, 

Mont  of  the  remainder  comes  the  cook's  wages  and  the  crew's  half, 

fd  the  rest  is  divided  equally  amongst  them,  the  owners  paying  the 

«tcr  his  commission.    His  lay  is  a  percentage  on  stock,  of  4  to  G  per 

It.,  whatever  he  may  ship  for. 


<iU 


'11 


730 


AMKUICAN   FlSlllCUY   1NTEUE8TS. 


Q.  Tliut  collies  out  of  tlio  owiut  ? — A.  That  (toiucH  out  of  tlic  own^r 
Q,  Tho  owner  furiiisUeH  the  vcMsel  ami  outllt,  8eiiie8,  &c.t~A.  Ilo 

furniHlicH  everything. 
Q.  liiHunineo  ami  everything  of  that  liind? — A.  Kverytiiiiigof  lljai 

kiiul. 

COMPENSATION  OF  FISIIEUMEN. 

Q.  Wiiat  are  the  average  annual  earnings  of  these  llsherinen  T— A. 
liavo  not  looked  it  up,  hut  1  shoiihl  say  that  during  the  lust  two  yiuiJ 
$200  would  be  about  an  average.  , 

I'KOFITS  AND  LOSSES. 

Q.  What  have  been,  during  the  last  ten  or  fifteen  years,  tli«  avcragoj 
profits  of  your  vessels  engaged  in  that  business  T — A.  I  havcMi't  Uguml I 
it  up  that  way.  1  know  the  average  profits  have  been  very  biuuII,  mulj 
I  believe  it  has  been  the  other  way. 

Q.  Losses? — A.  There  have  been  losses;  during  the  last  live  or  ijixj 
years  wore  i)articularly  we  lost.  I  can  explain  that  in  this  way:  Pi 
vious  to  the  treaty  of  Washington  the  Canadian  fleet  was  Hniall,aDd 
the  general  business  of  this  country  of  course  was  better.  Wcl 
got  some  i)rofit  from  our  business.  After  the  treaty  of  WasLiiigtoa 
had  been  in  force  some  tliTeo  or  four  or  five  years  wo  bcf,'aii  to  lltl 
the  efl'cct  of  their  competition,  in  our  cod-fishing  more  particularly; 
has  been  ruinous  to  us,  and  1  don't  know  but  it  has  been  so  to  tliuinJ 
They  have  a  very  large  fleet  of  vossola,  some  300  or  400  sail,  I  miderJ 
stand,  and  the  business  since  then  has  been  very  poor.  A  great  inani 
people  have  gone  out  of  the  business,  and  some  fishing  tuwus  liaTq 
almost  gone  out  of  it.     . . ;  ;  -     . 

CANADIAN  COMPETITION. 

Q.  What  is  the  reason  you  cannot  compete  with  thorn  ?— A.  Ckai 
labor  is  one  thing.  Five  or  six  years  ago — 1  don't  know  just  the  dat» 
fish  were  quite  high ;  every  Nova  Scotia  banker  that  canio  hero  will 
fish  sold  them  on  the  market  without  paying  duty,  and  every  mau  wlij 
was  a  carpenter  wont  to  the  woods  and  got  out  wood  to  build  a  vcssa 
with,  so  that  every  spring  there  were  from  CO  to  75  new  vessels  launclieij 
Those  vessels  were  built  of  spruce  and  cheap  qualities  of  Lard  wo 
and  were  got  up  in  every  way  cheap  as  to  material.  Those  vessel 
were  fitted  out  and  manned.  Of  course  their  men  went  ou  the  lay  fli 
same  as  ours,  but  they  were  fitted  out  cheaper.  The  irou,  nianila,  au 
such  stuff  that  went  into  the  construction  made  their  vessels  cheapei 
Then  began  the  labor  of  curing  fish.  They  hire  their  labor  very  clicad 
our  labor  is  costly,  while  theirs  is  of  almost  nominal  value.  Tho  wbol 
business  is  expensive  with  us  compared  with  what  it  is  with  them.  Oa 
local  taxation,  as  well  as  national,  is  high,  and  it  has  all  got  to  couico^ 
of  the  proceeds  of  the  business  somewhere. 

FEEE  Fisn. 

Q.  Is  it  possible  for  Canada  to  give  the  fishermen  of  this  countj 
anything  that  you  would  regard  as  an  equivalent  for  allowing  her  f 
to  come  in  here  free  of  duty  ? — ^A.  I  can't  see  where  there  is  anythiDi 

Q.  You  do  not  know  of  anything  you  want  ? — A.  I  do  not.  AU 
should  ask,  as  a  vessel-owner,  would  be  civilized  treatment  of  ourvl 


AMERICAN    FISHERY   INTERESTS. 


737 


8^i!),roluvvo  the  Htime  ri{fht»  and  |>riviIo{;e8  accorded  to  us  tbat  all  civ- 
ilized nations  accord  to  each  ot'ier,  and  indeed  juii  iiiiy;lit  uow  say  all 
the  nations. 

SALT  AND  FRESH  FISH. 

Q.  As  a  matter  of  fa(!t,  Jias  not  the  Immonso  increase  in  the  consnrap- 
tioii  nnd  sale  of  fresh  llsh  injured  the  murlcet  for  salt  fish  ? — A.  1  thiuk 
It  has  to  some  extent. 

(}.  U  not  tbat  fresh  flsh  consumption  increasing  very  rapidly  ? — A. 
Itbiuli  it  is  increasing  very  fast;  it  is  going  to  bo  a  largo  business  in 
the  future.    I  think  the  fisheries  in  future  will  be  the  great  busiuess. 

FROZEN  FISH. 

Q,  As  you  understand,  the  fresh  flsh  come  in  free  and  are  frozen  f — 
A.  Yes,  sir. 

Q.  Do  you  want  duty  on  fresh  flsh  as  well  as  salt? — A.  I  should  think 
itwould  be  very  desirable.  When  a  large  quantity  of  fresii  fish  comes  in 
tiiey  are  put  into  bouses  and  frozen,  and  they  come  in  here  very  largely 
Id  the  spring  of  the  year.  Ail  down  about  the  Bay  of  St.  Lawrence 
and  tlie  Bay  of  Ohaleur  thert  are  establishments  that  put  up  flsh  and 
j  send  them  into  our  markets,  Boston,  New  York,  Philadelphia,  and  all 
the  business  centers,  in  a  frozen  state.  Those  flsh  are  purchased,  and 
1  increase  to  some  extent  the  market,  and  are  displacing  salt  flsh. 

RENEWAL   OF  THE  TREATY  OF   1870. 

Q.  Taking  into  consideration  the  greatly  increased  consumption  of 

I  fresh  fish  and  the  improved  means  of  preserving  them  fresh,  what,  in 

your  opinion,  would  be  the  influence  upon  the  fishery  business  of  the 

United  States  of  a  renewal  of  the  treaty  of  1870  for  ten  or  fifteen  years 

toconio!— A.  I  think  that  the  renewal  of  the  treaty  would  be  very  dis- 

[cottragiDg  and  very  disastrous  to  our  business.    Canadian  vessels  wear 

;  a  good  deal  quicker  than  ours.  After  the  treaty  of  1855  expired 
[their  fleet  almost  went  out  of  existence.  They  built  more  vessels  after- 
I  wards  for  the  fishing  business.  These  they  have  now  will  sGon  wear 
lout.  If  the  business  continues  with  a  treaty,  they  will  build  up  a 
[larger  fleet,  and  the  consequence  will  be  that  ours  will  decrease  in  the 
Iwnie  proportion  that  theirs  will  increase.  This  Is  what  is  shown  by 
litatistics. 

Q.  And  the  result  will  be  that  they  will  get  the  benefit  of  increased 
Iconsnmption  and  increased  markets,  instead  of  us  getting  it? — A.  Yes, 
Isir.  I  tliink  their  cheaper  labor  will  do  the  business  in  the  future  with 
Ifree  markets.  A  good  many  fishing  towns  in  this  country  went  out  of 
jbnsiness,  finding  it  impracticable  to  carry  it  on  under  the  treaty  of 
iWasliington. 

DEPRESSED  PRICES.  ' 


By  Senator  Edmunds  : 
Q.  Is  the  very  low  price  of  flsh  now  attributable,  in  your  opinion,  to 
jthe  fact  that  less  flsh  product  is  consumed  in  the  United  States  than  in 
jformer  years,  or  to  the  fact  that  there  is  an  excess  of  supply  beyond 
Idemand  for  consumption  ? — A.  I  think  the  fresh  flsh  has  partly  taken 
pe  place  of  salt  fish,  and  then  the  large  amount  that  has  been  put  on 
lie  marliet  is  another  element.  There  has  been  a  large  supply.  Then 
S.  Ex.  113 -47 


738 


AMERICAN   FISHEEY   INTERESTS. 


perhaps  there  are  some  other  influences,  among  which  may  be  named 
the  general  depression  of  the  business  of  the  country.  That,  I  think 
would  point  towards  a  cause  for  the  diflerenoe.  ' 

WAGES  vs.  LAY. 

By  Senator  Frye: 

Q.  x\t  Trovincttown  and  some  other  points  we  find  on  inquiry  tbat 
the  flshernien  have  demanded  wages  when  for  some  years  before  tliev 
had  been  going  on  a  lay.    Whether  or  not  the  tendency  of  <'oiiii)etitiou ' 
with  Canada  and  a  free  market  here  will  not  be  generally  to  cause  tliei 
fishermen  to  demand  monihly  wages  instead  of  a  lay? — A.  la  the  Bank  I 
fishing  I  don't  think  we  could  run  our  business  exce])t  on  the  laypriij. 
ciple ;  the  men  must  be  partners  in  the  voyage  to  make  it  successful. 

Q.  1  was  not  asking  as  to  the  owners ;  I  was  asking  whether  or  not  I 
the  tendency  of  a  free  market  for  Canada  and  free  and  open  coniiHti'  i 
tion  with  her  would  not  make  the  business  of  fishing  so  uncertaintliii: 
it  would  have  a  teiulency  to  make  the  sailors  demand  wages  instead  of] 
lay? — A.  I  think  if  the  low  prices  continue  as  they  are  now  they  will} 
have  to  have  wages  or  else  go  out  of  the  business. 

Q.  I  want  to  go  one  step  further :  [f  the  result  is  that  the  flsheiiiKuJ 
will  demand  wages  instead  of  a  lay,  what  will  be  the  influenc-  of  tliatj 
upon  the  Owners  of  vessels? — A.  AV'e  shall  have  to  get  out  of  tliel 
ness. 

Senator  Frye.  That  is  what. I  supposed. 

THE  CASE  OF   THE  D.   J.   ADAMS. 

The  Witness.  1  would  like  to  make  one  little  statement  iu  regard  toj 
the  Adams.    While  the  Adams  was  tied  to  my  wharf  there  was  also  f 
Nova  Scotia  schooner  tied  to  the  sr,me  wharf.    We  had  had  theXod 
Scotiaman's  fish  several  years  under  the  old  treaty,  and  he  had  coma 
for  such  supplies  and  bait  as  he  wanted.    In  the  spring  of  theyeanva 
have  our  frozen  bait,  and  our  bankers  take  their  sup])ly  of  bait ;  and 
there  was  quite  a  number  of  Nova  Scotia  vessels  came  across  here  td 
get  their  bait  for  their  Bank, voyages.     While  he  was  taking  his  bail 
here  and  such  supplies  as  he  wanted  the  Adams  lay  to  the  same  wharf- 
my  wharf.    Very  naturally  when  the  Adams  went  away  on  her  nes 
trip  her  captain  had  the  impression  that  he  was  entitled  to  the  saml 
I)rivileges  down  ibere  that  the  Nova  Scotia  vessel  had  here.   UariDf 
seen  the  Nova  Scotia  vessel  take  bait  and  otber  supplies  bore  he  wea 
down  into  that  port  and  took  some  small  amount  of  bait  there.   latlil 
early  part  of  the  year  it  was  the  general  imi)ression  that  our  vessels  \reij 
entitled  to  that  j^rivilege.    Afterwards  they  learned  differently  aud hav] 
kept  away  from  there,  and  have  had  no  cause  to  go  there.    The  Adau 
had  no  need  to  go  there,  but  that  was  one  of  the  places  she  had  beeul 
quenting  for  bait  aud  the  captain  of  course  thought  he  might  as  wellj 
there  for  bait  as  anywhere  else;  he  didn't  know  of  any  restrictious; ' 
thought  it  was  a  mere  matter  of  trade,  that  it  was  not  fishing;  ands 
several  of  their  vessels  had  been  iu  our  port  here  he  thought  he  h^ 
the  same  right  to  go  there. 

HERRING. 

Q.Asa  matter  of  fact,  whenever  we  have  obtained  bait  there  we  haj 
bought  it;  we  have  not  undertaken  to  catch  it? — A.  Yes,  sir;  wcalwaj 
buy  bait  iu  Newfouudlaud  and  Grand  Manan. 


AMERICAN    FISHERY    INTERESTS. 


730 


Q.  About  this  herring  fishery,  have  our  vessels  for  the  last  ten  years 
j  jiipiged  ill  that  at  all  ?—  A.  Not  in  the  salt  herring  fishery ;  not  to  catch 

tbeni  but  to  buy  theui,  that  is  all.    I  don't  think  there  are  any  vessels 

jfvoin  tills  port,  unless  it  is  in  the  fall  of  tlie  year.  The  boats  off  the 
[bailior  catcli  them  here.    But  the  business  of  going  into  the  provincial 

inters  for  herring  is  not  jnirsued  here. 

I  Q,  It  is  not  pursued  in  the  LTnited  States  anywhere,  is  it  ? — A.  No, 
Irir,  In  185-1  and  1855  wo  used  to  go  to  the  Magdalens  foi' herring.  I 
llavo  beni  sevi-ral  voyages.  But  that  was  a  ])oor  quality  of  fish,  and 
loflat'  years  there  hasn't  been  any  of  that  kind  of  fishing  done. 

I}.  Our  vessels  simply  go  up  there  and  purchase  their  bait  ? — A. 

riiey  simply  go  on  trading  voyages. 

Q,  Do  we  have  the  same  kin<i  of  herring  in  our  waters  that  they 
jlavof— A.  I  don't  know  any  difference.  Sometimes  on  the  Labrndor 
Icoiist  they  get  fat  herring.  I  don't  know  much  about  the  salt  herring, 
Ifor  I  haven't  had  much  to  do  with  it. 


kaiio  of  fish  oaught  in  amkkican  waters 
in  canadian  waters. 


TO  THOSE  CAUGlfT 


By  Senator  Saulsbuky  : 
Q.  You  attribute  the  decline  in  the  price  of  fish  partly  to  the  sale  of 
■esli  lish  ill  our  markets.  What  ju'ojiortion  of  these  fresh  fish  that  are 
lii.dur  markets  are  caught  in  American  waters,  and  what  in  British 
btirs?— A.  I  haven't  got  much  means  of  knowing,  because  their  fresh 
fcligototlie  Western  cities  and  New  York  and  Philadelphia,  and  I 
pn't know  much  about  the  quantity  that  goes  there.  Wo  have  but  lew 
lere,  We  h.ive  had  some  few  halibut  trips  landed  here  and  sold  to  the 
alors here,  but  otherwise  1  couldn't  tell  much  about  the  proportion. 
jknow  at  certain  times  of  the  year  we  have  large  quantities  of  fish 
iDnie  ill  from  across  the  Lakes  and  New  Brunswick,  but  I  have  no  sta- 
Istics  as  to  the  quantity. 

]Q,  Do  you  know  what  proportion  of  the  fish  caught  in  American 
tors  are  sold  as  fresh  fish ! — A.  No,  I  haven't  any  statistics  on  that} 
|coiildn't  say.  r 

EXPORTATION  OP  FISH  TO  CANADA. 

IQ.  You  are  engaged  in  the  fish  business ;  do  you  ever  ship  any  fish 
Kmiada?— A.  I  never  did. 

IQ.  Do  you  know  whether  or  not  there  are  any  quantities  shipped  from 
JeQiiited  States  to  Canada  ? — A.  1  shouldn't  suppose  there  was.   Some 

may  be  sliipiied  up  into  Canada  West;  some  of  the  Boston  people 
gy  ship  some  there,  but  I  shouldn't  suppose  to  a  very  large  extent. 

n't  know  ill  regard  to  that. 

• 

EXTENT  OF  GLOUCESTER'S  TRADE. 

|Q.  Wliiit  proportion  of  the  fleet  at  tiiis  place  is  engaged  in  the  mack- 
'  IWiory,  as  compared  with  the  whole? — A.  I  should  think  about 

le-lliinl. 

IQ'  Aiul  tlie  residue  ? — A.  That  is  engaged  in  cod-fishing  and  catching 
pk halibut.  I  should  say  that  there  are  some  forty  or  fifty  sail  in  the 
put  fishery  on  the  Georges  and  other  Banks. 


740 


AMERICAN    FISHERY    INTERESTS. 
PROVINCIAL.  COMPETITION. 


Q.  Do  the  fisheries  of  the  Provinces  that  are  brought  into  competil 
tion  with  us  apply  to  all  kinds  of  fish,  or  simply  to  codfish  and  mack- 
erel 1 — A.  I  think  to  all  kinds.  They  send  in  a  good  many  LalibuJ 
which  they  land  on  their  shores  and  send  by  steamer  to  Boston.  Lastl 
spring  there  was  quite  a  large  amount  of  fresh  fish  sent  that  wav,  l| 
kuow^  at  one  time  quite  a  large  quantity. 

WINTER  FISHING. 

Q.  Is  there  any  considerable  i)roportion  of  your  vessels  engaged  ia 
winter  fishing  ? — A.  Most  of  my  vessels  are  engaged  in  winter  businesj 
on  Georges  Bank  and  up  there.  They  take  their  bait  here  and  go  i 
the  banks  and  back  without  making  port. 

•  THE  RATTLER. 

By  Senator  Edmunds  : 

Q.  Do  you  know  anything  about  the  schooner  Rattler  thai  had  soiaj 
trouble  up  there  ?    In  the  papers  I  hav  •)  here  she  is  said  to  belong  i 
Gloucester. — A.  I  know  the  vessel  and  captain.    I  don't  know  any  c 
the  I'acts. 

Q.  Is  the  captain  here  ? — A.  I  think  not.    Most  of  our  mackerel  cap 
tains  are  away. 

THE  HOWARD  HOLBROOK, 

Q    Ig  the  schooner  Howard  Holbrook  of  this  place! — A.  She  belong 
to  l.oward  &  McKorzie  of  this  place. 
Q.  She  is  not  hen?  ? — A.  She  is  not  here. 

T^E  HIGHLAND  LIGHT. 

Q.  Do  you  know  the  Hijjhland  Light! — A.  That  belongs  on  Cap 
Cod  somewhere. 
Senator  Edmunds.  I  see  now ;  she  belongs  to  Wellfleet. 

IHE  A.  R.  CRITTENDEN. 

Q.  Then  there  is  the  A.  R.  Crittenden  that  is  said  to  be  of  thij 
port. — A.  That  belongs  to  Captain  Chisholm. 

Senat'.  r  Edmunds.  Ho  did  not  tell  us  about  that.  Are  any  of  tbei^ 
pie  present  who  were  on  board  of  her! 

Captain  Chisholm.  The  agent  is  here. 

NUMBER  OP   GLOUCESTER  VESSELS  ENGAGED  IN  FISHING. 

By  Senator  Saulsbury: 
Q.  Vv  hat  is  the  number  of  vessels  sailing  from  this  port  engaged  i 
this  business  !— A.  The  whole  number  is  about  440. 


'm 


AMERICAN    FISHERY    INTERESTS. 


741 


TESTIMONY  OF  SYLVESTER  CUNNINGHAM. 

Gloucester,  Mass.,  October  4, 1886. 

SYLVESTER  CUNNINGHAM  sworn  aud  examiiiotl. 

By  Senator  Edmunds  : 
Qiief<tion.  What  is  your  age  ? — Answer.  Thirty-six. 
1^1,  Where  do  yon  reside  ? — A.  Gloucester. 
0  What  IS  your  g^scupation  t  —  A.  Fishing  business  and  shipping 

Q.  Are  you  the  owner  of  any  Vessels  ? — A.  Yes,  sir. 

Q,  How  many  ?— A.  I'en. 

Q.  What  liiud  of  fishing  are  they  engaged  in  ? — A.  They  are  engaged 
I  in  the  Georges  fishery — mackerel  and  halibut. 

Q,  How  long  have  you  been  in  this  business  t — A.  Thirteen  years,  as 
[partDcr. 

Q,  Have  you  ever  been  a  fisherman  youx^elf  1-   A.  No,  sir. 

Q.  Your  information  about  where  the  fish  are  caught,  and  aH  that,ii^ 
derived  frum  the  reports  of  your  captains,  I  suppose  T — A.  Entirety. 


MACKEKKL. 

Q.  Taking  the  mackerel  fishery  to  begin  with,  during  the  time  you 
lhaveb>>en  in  the  business  where  have  they  been  caught? — A.  Until 
Ithisyea.-  about  all  our  mackerel  have  been  caught  on  this  shore.  When- 
HTer  our  vessels  have  been  in  provincial  waters  it  has  been  very  dis- 
ItouragiDg  business ;  there  have  been  no  mackerel  there  of  any  amount, 
iMid,  as  a  rule,  what  they  caught  were  of  very  poor  quality  indeed.  We 
[iave  made  a  loss  every  year  by  sending  vessels  to  the  provincial  waters. 
[This  year's  catch  on  our  shore  has  been  almost  a  total  failure,  and 
loar  vessels  have  fished  almost  altogether  in  provincial  waters  since 
jspriDg. 

THREE-MILE  LIMIT. 


Q.  Whereabouts  in  provincial  waters  were  those  trips  made  which 
Jere  failures  before? — A.  On  very  nearly  the  same  ground  they  pre 
ping  this  year — Prince  Edward  Island  and  the  Magdalens. 

Q.  They  are  fishing  this  year  outside  the  provincial  maritime  line,  of 
lonrse?— A.  Yes,  sir. 

THREAT  OF  SEIZURE. 

Q.  Have  any  of  your  vessels  experienced  any  difficulties  or  unfair 
Iticatment?— A.  No,  we  haven't  had  any  reported  at  all.  As  a  sample 
lofwhat  we  have  to  contend  with  there  1  will  state  that  I  had  a  letter 
pe  other  day  from  a  man  saying  that  if  I  didn't  send  him  some  $12  or 

|15  ho  should  report  one  of  our  vessels  for  having  lauded  a  man,  and 

T»vc  lier  seized. 

FREE  FISH. 

^Q.  From  your  knowledge  and  observation  in  this  business,  how  do 
'"iregard  the  value  to  Americans  of  fishing  inshore,  as  compared  with 
Rvalue  to  Canadians  of  free  fish,  both  salt  and  fresh  ?— A.  It  has  no 
Tine  essentially.  It  would  be  a  convenience  to  do  away  with  all  these 
strictions,  but  they  have  got  nothing  to  ofler  us  for  Ixee  fish  that  has 
ftaeh  value.    Tliey  can  only  offer  us  what  would  be  a  convenience. 


n 


745 


AMERICAN    FISHERY    INTERESTS. 


Q.  You  do  uot  rogaril  the  inshore  fishery  as  of  any  practical  conse. 
quence? — A,  It  is  nothing  we  shpukl  be  willing  to  pay  anything  for. 

BAIT. 

Q.  How  is  it  in  respect  of  the  question  of  bait? — A.  The  privilefe 
of  buying  bait  there  is  something  we  can  do  away  with  entirely.  ]\\ 
have  been  in  the  habit  more  or  less  of  running  our  halibut  vessels  in., 
Hova  Scotia  and  taking  bait,  but  they  can  just  as  well  take  their  bait  j 
from  iiere ;  that  is  i.  mere  custom,  and  not  a  necessity. 

HALIBUT. 

Q.  Wltere  is  the  iiftlibut  ttshing  chiefly  conducted? — A.  In  whatwej 
call  the  Weste.  n  Blanks  aud  the  Grand  Banks.  All  the  balibi'f  are! 
caught  perhaps  from  80  to  iOO  miles  from  any  shore,  and  soinbtimessevl 
er.il  hundred  miles.  Jt  is  rt»*epsea  fishing,  or,  rather,  it  is  on  thoJBankaj 
a  long  distauce  from  shore. 

CODFISH. 


Q.  Now  we  will  come  to  the  cod  fishery.     Where  are  the  cod  that.vori 
haveoperated  in  caughtchietiy  ? — A.  Thej"  are  caught  on  Georges  Bankig 
that  Is  a  fishery  that  Gloucester  has  practically  a  monopoly  of;  tLati 
about  130  miles  from  our  Cape  here. 

Q.  Ilow  nmny  miles  is  it  to  the  Grand  Tlauks? — A.  To  the  westerii 
edge  of  the  Grand  Banks  it  is  about  750  miles,  I  think,  and  to  tbeeastj 
eru  edge  It  is  about  900. 

POET  PRIVILEGES. 

Q.  Take  your  Canadian  Banks,  the  Grand  Banks,  aud  all  the  Baiiki 
that  are  off  those  Biitish  Provinces,  and  that  are  a  long  way  from  lierel 
•what  is  the  necessity  for  fishing  vessels  having  any  right  to  enter  ili| 
ports  of  Newfoundland?  Is  theie  any  necessity,  and  if  so,  what  is  if 
for  your  vessels  on  the  Grand  Banks  to  go  to  the  nearest  British  porij 
of  Newfoundland,  or  wherever,  otherwise  than  in  case  of  storm  or  ilii 
aster,  or  to  get  wood  and  water? — A.  Our  Grand  Banks  fisliernieiulua 
ing  the  last  ten  years  have  made  a  number  of  trips  to  NewfoiuidlaiKifoj 
bait  only,  small  herring  or  something  of  the  kind,  aud  it  has  beenadi 
puted  question  for  us  whether  it  has  not  been  an  expensive  business  1 
us.  It  takes  a  great  deal  of  time,  and  it  causes  a  delay  sometimes 
three  weeks,  and  sometimes  they  don't  get  bait;  aud  they  spend  long 
time  than  they  need  to  sometimes,  and  we  don't  see  that  they  get  art 
more  fish  than  those  vessels  that  lie  on  the  Bank  and  fish  with  otherbal 
So  that  we  had  about  come  to  the  conclusion  before  the  expiration  J 
this  treatv  that  it  was  much  better  fo"  our  vessels  to  avoid  going  iin 
fresh  bait.     We  think  there  is  no  necessity  for  it  whatever, 

BAIT. 

Q.  Do  you  get  any  squid  on  the  Grand  Banks  ? — A.  Yes,  sir;  butj 
certain  times  ihe  squid  fail.  A  vessel  arrived  here  a  few  daysagotj 
didn't  take  anj;  bait  with  her  when  she  sailed  from  here,  but  she caiij 
lier  squid  ther^^  i^dca'Jght  her  fish,  and  made  a  very  short  tripani 


very  good  rM\e : 


'.a     lodelav  at  all. 


X:J^'^ 


•■■■,-'    •■•■■*  .;J^ 


AMliKICAN   FISUEUy    INTERESTS. 


743 


To  the  westenj 


Q,  Is  it  usual  for  your  vessels  to  go  out  without  any  bait  at  all  t — A. 
Ifo  but  this  vessel  relied  on  squid  and  found  plenty  of  them. 

4  She  took  that  chance? — A.  Yes,  sir.  The  bait  question  would 
settle  itself  very  quickly.  We  could  very  soon  find  a  way  to  bait  our 
vessels  without  any  Canadian  help  whatever. 

DUTY. 

Q.  Was  there  any  rise  in  prices  when  the  duty  went  on  on  the  Ist  of 
July,  1835,  as  a  consequence  of  the  expiration  of  the  treaty? — A.  There 
was  a  decline  immediately,  and  has  been  a  gradual  decline  from  th<it 
time  to  the  present.    The  price  of  fish  is  so  low  now  that  if  we  should 

;  allow  Canadian  fish  to  come  in  free,  onr  vessels  would  not  sail.     The 

I  price  is  very  low. 
Q.  We  must  hope  that  this  is  exceptional.  What  we  want  to  got  at 
is  a  broader  period  of  time  so  as  to  calculate  the  average. — A.  There 
has  been  a  very  low  price,  for  codfish  especially,  ever  since  the  abro- 
gatiou  of  the  treaty,  extremely  low.  Mackerel  are  very  high  this  year, 
bat  that  is  easily  accounted  for.     The  catch  of  mackerel  to  date  is 

156,000  barrels  against,  I  think  it  was,  380,000  barrels  last  year  and 

1330,000  barrels  the  year  previous.     So  that  accounts  for  the  prices  of 

I  mackerel. 

COST  OF   VESSELS  AND  OUTFIT. 

Q.  How  many  vessels  are  you  connected  with  in  one  way  and  an- 
lotlier?— A.  We  only  own  ten.  Of  course,  we  handle  the  fish  of  a  great 
jmany  others ;  we  buy  a  great  many  fish. 

Q.  Take  those  vessels  that  you  own  to  begin  with,  what  is  their  cost! 

The  Witness.  What  would  be  their  cost  to-day? 

Senator  Edmunds.  Noj  I  mean  the  cost  of  building  them  and  fitting 
Itheni  out. 

A.  The  vessels  would  cost  about  $7,500  to  $S,000,  and  it  would  cost 
|about  $2,500  more  to  fit  them. 

Q.  They  are  about  75ton  vessels  on  an  average? — A.  About  that,  yes. 

CEEWS,  AND  THEIR  NATIONALITY. 

Q.  What  is  the  composition  of  their  crews,  and  about  how  many  men 
|o a  vessel?— A.  They  will  average  fourteen.    . 

Q.  What  is  the  nationality  of  the  crews? — A.  Of  course,  I  liave  no 
platistics. 

Q.  I  moan  your  general  idea ;  you  sec  the  men  more  or  less. — A.  I 
itioukl  think  they  were  about  one-half  native  born,  and  about  one-Iourth 
|iaturalized. 

Q.  And  the  other  one-fourth  foreigners  of  one  sort  and  another? — A. 
p,  sir. 

[  Q.  Of  what  nationality  are  the  foreigners  mostly  ? — A.  We  have  quit« 
l^ige  immher  of  Scandinavians;  then  we  have  ([uite  a  proportion 
M the  Dominion,  all  along  from  i^cwfound'and  up;  and  there  are  a 
w,uot  i;.o  man}',  Portuguese  who  come  to  the  Georges  fisheries.  •  The 
jontli  of  Europe  furnishes  them. 

^.  The  Scandinavians  have  their  homes  here? — A.  Yes,  sir.  The 
teiiiiou  people  also  have  homes  here ;  it  is  the  younger  and  more  ad- 
^itnioiis  of  them  who  come  here,  because  they  can  have  the  handling  of 
rn  (Avu  inoiiey  and  liave  a  good  time,  but  part  of  the  time  they  go 
p  home  in  the  winter.    It  is  only  a  question  of  a  very  few  years  be- 


744 


AMERICAN    FISHERY    INTERESTS. 


fore  *hoy  are  pcrmahoufc  citizens  here.  Of  course  no  man  cannons 
master  until  be  is  naturalized,  so  that  is  a  constant  incentive  to  Ihiu] 
to  become  nnturalizetl.  And  taking  those  that  are  masters, witii  tbose 
who  want  t*  '»ecome  masters  and  have  been  masters,  it  makes  a  very 
large  numbei   >f  Americau  citizens. 

Q.  Like  caiuudates  for  office  ? — A.  Yes,  sir.    So  that  a  largo  propor- 
tion become  naturalized  citizens  in  a  short  time. 


COMPENSATION  OF  CANADIAN  FISHERMEN. 

Q.  Do  you  know  bow  the  business  is  conducted  in  the  Domiulon  be- 
tween the  fishermen  and  the  people  who  employ  them  I  —A.  I  know  i 
in  a  general  way.    The  bankers  especially  come  in  and  land  their  tisli- 1 
the  fish  are  not  weighed  as  they  are  taken  out  and  cured ;  the  men  keep 
fishing  the  whole  season,  and  their  families  keep  drawing  from  the  | 
stores.    So  that  before  those  fish  are  marketed  and  the  voyage  is  ready 
to  be  settled  the  men  are  ready  to  start  again,  and  by  that  time  the 
store  account  has  used  up  pretty  much  everything  the  men  have  earned. 

Q.  So  that  in  substance  they  get  store  pay  only? — A.  Yes, sir.  I 
suppose  they  get  money  enough  to  pay  for  what  they  actually  liave  to 
have  in  the  way  of  fuel  and  a  few  things  like  that,  but  practically  theyj 
take  the  whole  of  it  from  the  store.    Here  the  codflsb  are  landed  and 
weighed  in  two  hours  from  the  time  they  are  landed,  and  immediately  j 
every  man  goes  in  and  takes  his  check. 

C03TPENSATION  OP  AMERICAN  FISHERMEN. 

Q.  And  about  what  do  your  crews  make  per  year,  taking  a  ten  years'f 
average  ? — A.  The  different  kinds  of  fish  share  a  little  dill'ereutly,  I 
I  Rhould  think  it  might  make  an  average  of  $300  for  the  twelve  months.] 

EXPORTATION  OF  FISH  TO  CANADA. 

By  Senator  Saulsbury: 

Q.  Where  do  you  sell  your  fish  principally,  in  this  market!— A.  No,| 
sir.  "We  buy  largely  outside.  Our  shipping  business  is  a  promiueutj 
feature  of  our  trade. 

Q.  Do  you  sell  to  other  countries? — A.  No,  sir;  we  market  in  thij 
United  States. 

Q.  Do  you  ship  none  to  Car.ada? — A.  We  never  ship  any  toCanadai 
There  is  a  little  trade  with  the  border  towns,  but  it  is  \(^ry  small,  'M 
we  have  never  done  any  of  it. 

COMPARATIVE  COST  OF  AMERICAN  AND   CANADIAN  VESSELS. 

By  Senator  Edmunds  : 
Q.  You  have  been  in  this  business  so  long  I  would  like  for  you  tj 
state  a  little  more  iu  detail  the  elements  of  the  cost  of  Canadian  ouff 
fits,  wages,  the  profit  to  be  made  out  of  it  by  the  Canadian  fisliermetf 
the  cost  of  vessels,  wages,  supplies,  taxes,  &c.,  as  compared  with  thi 
like  elements  on  our  side.  Make,  iu  as  condensed  a  way  as  you  car 
a  comparative  statement  of  the  conditions  that  enter  into  that  i>ar| 
of  the  problem. — A.  Of  course  the  first  item  is  the  cost  of  tlio  ves* 
itself,  which  is  about  oue-third  less  iu  Canada  than  here.  Tiien  then 
is  a  very  largo  proportion  of  everything  that  wo  put  on  board  tbe  vej 
sel  that  is  dutiable.    We  did  have  a  drawback  on  our  salt.    Of  couisf 


AMERICAN   FISHERY   INTERESTS. 


745 


in  a  series  of  years  the  duty  makes  a  large  difference  in  the  expense  of 
ranninj?  the  business.  Then  their  system  with  their  men  makes  a  great 
(liffereuce. 

Q.  Take  the  articles  that  enter  into  ship-building,  yonr  cordage  or 
manila;  is  that  rope  made  in  this  country  f — A.  Yes,  sir;  it  is  manu- 
factnred  here,  but  the  ra  /  material  is  imported  with  quite  a  large  duty. 

Senator  Edmunds.  If  it  is  real  manila  hemp  it  must  be. 

The  Witness.  We  use  the  very  best  manila. 

Q.  The  iron,  bolts,  and  all  that  sort  of  thing  are  made  here  ? — A.  Yes, 
[sir. 

DUTY. 


i  'it9 


!  4     .  •^  Sli 

i1 


Q.  When  you  speak  of  duties  you  assume  that  the  price  is  increased 
m account  of  there  being  a  duty  on  iron  and  iron  manufactures? — A. 
I  Yes,  sir. 

Q.  But  if  the  manufacture  of  iron  in  this  country  had  reached  a  point 
I  ffliere  the  market  was  fully  supplied,  or  oversupplied,  as  it  is  with  cod- 
fisli,  then  why  would  not  the  duty  drop  out  of  consideration  with  refer- 
ence to  fish? — A.  It  would.    It  is  only  a  question  whether  we  have  to 
j  pay  more.    The  theory  of  the  thing  I  don't  care  for. 

Q.  If  you  were  to-day  about  to  flt  out  a  ship,  and  sent  to  Liverpool  or 

I  London  to  buy  your  cordage,  and  there  was  no  duty  on  it,  how  much  less 

conld  you  get  it  for  than  you  can  now? — A.  I  really  couldn't  tell  you 

I  the  difference.    I  know  about  what  the  duty  is,  and  we  simply  claim 

[that  if  the  average  duty  on  what  we  use  is  to  be  taken,  we  feel  that  we 

iDglit  to  be  classed  with  the  rest  in  a  general  way. 

Q.  That  I  agree  to  entirely,  but  I  am  getting  at  the  statistical  fact  of 

Itiie prices.    Now  take  the  bolts,  spikes,  anchors,  and  everything  that, 

jeiiters  into  the  iron-work  of  a  vessel,  do  you  know  whether  the  same 

t  of  things  and  of  the  same  quality  could  bo  bought  any  cheaper  in 

iLondon  than  they  can  in  New  York  or  Philadelphia  ? — A.  There  are 

!  things  I  don't  know  and  some  I  do.    For  instance,  I  know  a  few 

|jears  ago  we  bought  our  fish-hooks — not  a  very  large  item  in  amount — 

'm  Scotland.    1  think  the  duty  was  then  about  45  per  cent,  ad  va- 

and  yet  the  Scotchmen  shipped  them  over  to  us  and  they  cost  us 

toy  paid  less  than  the  price  we  could  buy  them  for  here.    But  in  the 

irticles  you  mention,  a  good  many  of  them,  I  am  not  able  to  say  whether 

ieduty  makes  much  difference  in  the  price  or  not. 

Q,  We  make  fish-hooks,  do  we  not? — A.  We  made  them  then,  but 

ow  we  have  stopped  the  importation. 

!Now  you  can  go  on  with  what  you  were  saying  about  the  other 
ns  of  comparison. 

ELE3IENTS  OF  INOEEASED   COST   OF   AMERICAN  VESSELS. 

A,  The  (lift'crcnce  between  our  methods  and  theirs  I  think  makes 
more  difference  in  the  cost  than  the  duties.    If  we  had  the  privilege  of 

king  our  crews  and  letting  them  live  from  our  outfitting  stores  for  six 
fcontiisof  the  year  until  the  account  was  about  to  be  squared,  selling 
^  (Is  to  them  at  our  own  prices,  and  all  that  sort  of  thing,  we  could 
iarry  ou  that  sort  of  business  and  let  the  vessels  lose  and  still  have  a 
Jirotiton  our  whole  business. 

Tlion  again  the  local  taxes.  Here  in  Gloucester  we  have  a  very  heavy 
ut  2  ]ier  cent.;  whereas  I  think  I  am  correct  in  saying  that  the 
l^Jiuianiii.s  do  not  tax  their  vessels  at  all. 


I 


740 


AMERICAN    FISHERY    INTERESTS. 


I  think  since  the  duty  went  into  effect  the  total  amount  of  their  boun- 
ties is  in  the  vicinity  of  $2,000,000.  The  bounty  is  not  very  large  m 
vessel,  but  still  in  the  aggregate  $U,000,000  in  a  series  of  years  is  a  great 
help  to  a  small  industry.  France  gives  10  francs  on  every  quintal  ex- 
ported. 

'.         .  ..     ,...K     ..-:  TAXES.        ■  ,.y    r;:     ^     ;:    ■„,. 

■■•''■ 

Q.  The  taxes  paid  here  go  to  support  schools  and  all  the  departments 
of  a  well-ordered  city — water,  jiolice,  &c. — which  the  families  of  your 
crews  who  live  here  enjoy  1 — A.  Yes,  sir. 

Q.  And  your  school  money  is  entirely  raised  on  property!— A.  En- 
tirely. It  makes  it  a  ery  expensive,  because  in  a  town  like  Gloucester 
with  a  large  i)opnlation  who  pay  no  taxes  and  who  have  a  large  nam! 
ber  of  chihlren,  the  school  tax  is  high  and  becomes  a  very  important 
•miitter. 

Q.  And  that  in  the  Provinces  is  not  a  heavy  tax  at  all?— A.  I  think 
they  do  not  tax  their  vessels  there  at  all. 

By  Senator  8 AULSBUEY: 

Q.  You  say  your  taxes  are  2  per  cent,  on  the  cost  of  the  vessel  ?-A, 
Yes,  sir ;  more  than  that  now.    I  don't  think  our  fleet  would  sell  to-day  1 
for  what  thev  tax  it ;  1  know  it  wouldn't.  , 

By  Senator  Edmunds: 

Q.  That  is,  for  the  assessed  value? — A.  For  the  assessed  value. 

Senator  Saulsbuky.  In  my  State  a  vessel  is  not  taxed  at  all  for  State,  J 
county,  or  municipal  purposes.  Why  cannot  the  people  of  Gloucester! 
he  relieved  from  it  as  well  as  the  i)eople  of  Delaware  ?  1  know  one  pen-  j 
tleman  who  holds  as  ])art  owner  between  thirty  and  forty  vessels  ai 
has  several  hundre<l  thousand  dollars  invested  in  coasting  vessels,  ami  j 
he  pays  no  State  or  county  taxes  upon  those  vessels. 

Senator  Edmunds.  If  the  taxes  are  taken  off  of  vessels  Lere,  tliej 
other  i)eoplo  who  live  in  this  town  and  subsist  upon  this  flshiug  iudiis-f 
try  will  have  to  raise  just  as  much  money,  and  the  taxes  would  onlyj 
have  to  be  levied  on  something  else. 

Senator  Saulsbury.  I  think  property  of  every  chai-acter  and  de-j 
scription,  investments  in  real  estate,  vessels,  or  bonds  and  mortgages, 
ought  to  be  taxed. 

The  Witness.  The  valuation  of  the  town  is  low.    Gloucester  is  i 
poor  town,  and  the  proportion  of  vessel  property  is  of  course  exceedj 
ingly  large  as  compared  with  the  other  property,     /f  they  should  no 
tax  vessels  no  one  could  afford  to  live  in  the  town,  the  taxes  would 
so  exorbitant  on  everything  else.    The  tax  is  now  $10  on  $1,000, 
think,  and  if  they  were  to  take  out  the  $3,000,000  of  vessel  property  ij 
would  make  a  very  exorbitant  tax  on  everything  else. 

Q.  (By  Senator  Edmunds.)  I  suppose  these  captains  and  tbeinren 
live  in  houses  that  tJiey  own,  on  land  that  they  own,  and  allthetaxii 
taken  off  of  personal  ;>roperty  would  fall  back  on  real  property,  so  tb^ 
after  all  they  would  have  to  l/iif  the  taxes? — A.  Yes,  sir. 

Q.  About  what  proportion  f/f  your  local  taxation  is  for  school  pa 
poses? — A.  I  think  about  one-third. 


n— A.  I  think 


AMERICAN   FISHERY   INTERESTS. 


TESTIMONY  OF  WILLIAM  H.  JOBDAN. 


747 


Gloucester,  Mass.,  October  5, 1886. 
WILLIAM  H.  JORDAN  sworn  and  examined. 

By  Senator  Edmunds  : 
Question.  What  is  your  age  ■? — Answer.  Forty. 
Q.  Residence? — A.Gloucester.  •     .  ,   ^ 

Q,  Occupation  ? — A.  Fishing  and  vessel-owner. 
Q,  Owner  of  h«w  many  vessels  ? — A.  Five. 

Q.  How  long  have  you  been  in  the  fishing  business  ? — A.  I  have  been 
in  the  business,  as  partner,  nineteen  years. 
Q.  Do  you  deal  and  operate  in  all  classes  of  fish  ? — A.  Yes,  sir. 

.      '      cost  op  fishing  vessels. 

Q.  What  do  these  fishing  vessels  cost? — A.  They  average  in  cost 
about  $7,300  to  $8,300  or  $8,500. 

By  Senator  Frye  : 

Q,  That  is  about  a  hundred  ton  vessel  ? — A.  That  is  100  tons,  old 
measurement.  By  the  new  measurement — the  Government  measure- 
ment—they run  from  05  to  95  and  100  tons,  but  more  of  them  would  bo 
ID  the  vicinity  of  80  tons ;  that  would  be  about  the  average. 

COST  of  outfit. 

By  Senator  Edmunds  : 

Q.  About  what  is  the  average  cost  of  outfit  ? — A.  For  seining  busi- 
I  ness  perhaps  about  $2,500,  and  for  cod-fishing  and  other  parts  of  the 
jbiisiuess  from  $1,500  to  $1,800  and  $2,000. 

Q.  About  how  many  men  are  carried  on  those  vessels? — A.  My  ves- 
els  average  about  15  men  each. 

nationality  of  fishermen. 

Q.  Of  what  nationality  are  these  men  ? — A.  I  should  think  two-thirds 
lofthemoriu  that  vicinity  are  American  citizens,  and  perhaps  15  per 
|cent.  of  them  are  resident  citizens. 

Q.  People  who  reside  here  but  are  not  naturalized? — A.  Yes,  sir. 

Q.  Audthe  rest  are  floating? — A.  Yes,  sir;  foreigners. 

codfish  and  bait. 

Q.  Where  do  your  vessels  go  for  codfish  ? — A.  They  fish  mostly  the 
prand  Banks  and  the  Georges  Banks. 

Q.  Whpre  do  they  get  their  bait  ? — A.  They  get  their  bait  for  Georges 
'  ng  along  the  American  coast,  and  this  year  all  of  them  have  got  it 

Q.  How  was  it  during  the  ten  years  of  the  treaty  of  1870-'71  ?— A. 
Umall  proportion  of  the  Grand  Banks  trawlers  got  it  from  Canadian 

^Q.  Is  there  any  difficulty  in  American  vessels,  now  that  they  are  ex- 

'  lin  fact,  whether  of  right  or  not,  from  going  inio  provincial  ports 

'get  bait,  supplying  themselves  with  bait  otherwise ? — A.  No,  sir.    I 


**l 


^^  ^  ^^'^1 


:>i 


748 


AMERICAN   FISHERY    INTERESTS. 


have  bad  loss  delay  this  year  than  on  tlio  average.     Ft(>qiieiit!v  the 
Grand  Banks  vessels  are  supplied  with  bait  three  to  six  \veel<,«  atatinie. 

Q.  Along  the  Canadian  shores  when  they  were  at  liberty  to  do  tha' 
A.  Yes,  sir.     I  think  if  the  vessels  made  arningeinents  to  take  tbt! 
on  their  own  shores  it  would  benefit  an  industry  that  has  not  bceu  in! 
developed. 

Q.  And  result  in  eciually  snccessful  catches  of  fish t — A.  Yes,  sir,aiiil 
with  much  less  delay.  Then,  again,  the  people  fishing  along  our  shores, 
those  that  have  traps  and  weirs,  are  disposed  to  do  all  they  can  to  makt) 
mouey ;  but  among  the  Canadians  a  vessel  will  be  allowed  to  lie  a  week 
without  bait.  The  Canadians  seem  indifl'erent,  and  if  theydou'tM 
like  fishing  they  won't. 

PKOVISIONS. 

Q.  Just  tell  us  what  is  your  outfit  of  provisions  for  a  vessel  going  totli" 
Grand  Banks  on  a  codtish  trip,  for  instance.    What  is  put  on  boardlor 
the  food  of  the  crew  ? — A.  Flour,  beef,  pork,  lard,  butter,  8iij,Mr,molas. : 
ses,  and  canned  goods  of  various  kinds. 

Q.  Canned  vegetables  you  mean  ? — A.  Canned  vegetables  soinewLat. 
Of  course,  different  vessels  vary  in  that  respect  to  some  extent;  some! 
carry  prunes,  most  of  them  dried  apples  and  condensed  milk ;  in  fact, 
almost  all  kinds  of  food  ono  would  have  at  home,  only  in  preserved ! 
form.    They  also  carry  cabbages. 

Q.  What  is  the  quality  of  the  food  that  is  put  on  ? — A.  The  quality 
is  good ;  the  quality  of  the  flour  is  the  best ;  as  to  sugar,  we  sometimes 
send  white  sugar,  but  more  frequently  high  grade  yellow.  The  molasses 
is  of  good  quality,  not  the  best  always ;  and  butter  is  of  good  quality, 

Q.  Pork  1 — A.  Pork  is  of  the  best  quality ;    we  send  mostly  clear 
pork,  and  pork  shoulders ;  and  the  very  best  grade  of  plate  beet  we  j 
can  buy ;  we  also  send  pigs'  feet  and  trips  somewhat. 

Q.  So  that  the  whole  outfit  of  food  is  thoroughly  good  ? — A.  Yes,  sir.  j 

By  Senator  Frye  : 
Q.  Coffee  and  tea? — A.  Yes,  sir;  pure  coffee,  and  a  nicequiilityofl 
tea  that  sells  for  about  40  to  46  cents  a  pound.    Strictly  pure  coffee  and  J 
extracts  and  spices  of  all  kinds. 

CODFISH. 

Q.  In  your  codfish  catching  I  suppose  no  question  is  ever  raised  in] 
respect  to  the  three-mile  line  ? — A.  No,  sir. 
Q.  They  are  always  caught  offshore  ? — A.  Yes,  sir. 

PORT  PRIVILEGES. 

Q.  Then  as  to  your  cod-fishing  vessels,  is  it  of  any  practical  coDse-j 
quence  to  you  gentlemen  engaged  in  this  business,  or  to  your  crews, 
have  the  right  to  go  into  their  ports  except  for  shelter  and  for  woo 
and  water  ? — A.  It  is  not. 

MACKEREL.. 


Q.  Now  wo  will  come  to  the  mackerel  ^>asiness.     Where  have  your  ve* 
sels  during  the  last  ten  or  fifteen  years  ca  ught  their  mackerel  ?— A.  Dnri 
ing  the  last  ten  or  fifteen  years  they  ha\  •  caught  their  mackerel  iiliws^ 
entirely  upon  the  American  shores.    Last  year  I  had  5  to  8  or  possibly 


AMERICAN   FISHERY    INTERESTS. 


749 


milk :  in  fact. 


lOpcrccnt.  taken  in  Canadian  wsiters  ontside  the  tlircoi-inile  limit,  and 
last  yeiir  mackerel  wore  taken  in  the  Canadian  waters,  inside  thetlirce- 

mile  limit. 

,  TUREK  MILE  ^IMIT.  • 

Q,  State  your  kuowledfje  and  information  m  to  the  proportion  of 
niackerci  taken  inside  the  three  mile  line  f 

The  Witness.  In  ordinary  years? 

Seniitor  FiiYE.  Yes,  take  it  for  liftecn  years  together. 

A.  The  proportion,  in  my  estimation,  would  certainly  not  be  over  5 
prrc'ut.  with  the  large  vessels,  and  I  should  think  even  less  than  that. 

Q  Take  the  whole  of  the  Gloucester  mackerel  fleet,  and  take  it  for 
ten  01  lifteen  years  together. — A.  The  average  taken  inside  the  three- 
uiilo  limit  is  not  5  per  cent,  of  the  whole,  taking  the  whole  American 

ieet. 

Q.  It  was  so  even  during  the  time  when  they  had  the  right  to  go  in- 
slioref— A.  Yes,  sir.  It  is  very  seldom  that  they  are  able  to  get  the 
couditiou  of  bottom  such  that  they  can  fish  inside  with  safety.  It  has 
been  tried,  and  they  almost  invariably  tear  their  seines. 

Q.  How  is  it  in  i.  spect  to  the  location  of  the  larger  schools  of  fish; 
are  tbey  generally  found  more  than  three  miles  offshore  ? — A.  Yes,  sir; 
tliere  are  certain  banks  or  places  where  they  are  located  where  they 
seem  to  meet  more  of  them  than  they  do  inshore. 

CASE   OF  THE  GOLDEN  HIND. 

Q,  Ilave  any  of  your  mackerel  vessels  been  disturbed  this  year! — A. 
Yes,  sir.  Th»^  Golden  IJiud  was  fishing  in  the  North  Bay  and  discov- 
ered that  their  water  was  about  out.  Tliey  had  less  than  a  barrel  left, 
and  they  attempted  to  go  in  to  replenish  their  water.  At  the  entrance 
to  the  Bay  of  Chaleur  they  were  met  by  one  of  the  Canadian  cutters — 
I  think  the  one  commanded  by  Captain  Quigley,  I  am  not  sure — and  the 
cutter  forbade  hira  to  enter  the  Bay.  The  Hind  informed  the  cutter  that 
she  wished  to  get  water,  but  Captain  Quigley  said  that  he  would  not 
allow  her  to  enter,  and  gafve  the  Hind  the  written  instructions  of  the 
Canadian  Government,  and  indorsed  on  them,  "  Don't^nter  the  Bay  of 
Chaleur."    He  didn't  sign  his  name,  but  only  added  his  initials.* 

So  the  captain  didn't  dare  cnic:.  He  was  in  distress  for  water  for 
eight  days  before  he  got  back  on  the  Ashing  grounds,  and  during  that 
time  the  other  vessels  had  started  for  home,  so  that  it  was  a  substantial 
loss  to  the  Hind  of  one  fare  of  fish. 

Q.  Where  is  that  paper  that  was  given  you? — A.  I  have  it  at  my 
office. 

Senator  Frye.  I  wish  you  would  bring  it  in  before  we  leave  Glou- 
cester. 

The  Witness.  I  will  do  so.    I  will  state  that  the  collector  of  the 
I'ort  here  made  a  statement  of  this  case  to  Secretary  Bayard,  and  made 
adeinaml  ou  the  English  Government  for  indemnity. 
;   Q.  About  what  time  did  this  occur? — A.  I  think  nearly  about  the 
I  first  of  August. 

Q.  Do  you  know  whereabouts  it  was  that  the  vessel  was  stopped  ? — 
I  A,  I  have  a  record  of  where  it  was,  but  don't  recall  it  now ;  it  was  at 
j  tiiC  entrance  to  the  Bay  of  Chaleur. 

'The  warniug  here  spoken  of  la  identically  the  same  as  the  one  a  copy  of  which 
■•mator  Edmunds  has  from  Mr.  BavArd,  except  tho  indorsement  in  pencil,  "  Don't  en- 

I'T the B.ay  of  Chaleur,    M.S."     ' 


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Q.  Do  you  know  whether  at  that  time  the  Hind  was  v.'ithin  three  miles 
ot  the  shore? — A.  She  was  outside  the  three  miles. 

Q.  Standing  in  to  the  open  bay?— A.  Yes,  sir. 

Q.  How  wide  is  that  bay  across  from  headhmd  to  headlaud?— A.  I 
don't  know.    [A  bystander  said  it  was  about  15  miles.] 

Senator  Edmunds.  1  have  understood  that  it  was  nearer  20. 

THE  CASE  OF  THE  ANNA  M.  JORDAN. 

The  Witness.  There  was  another  vessel  that  had  some  difflculty. 

Q.  (By  Senator  Fbye.)  What  vessel?— A.  The  schooner  Anua  JI, 
Jordan.  I  think  she  went  first  to  Eastport,  and  then  attempted  to  j;o 
to  Grand  Manau,  but  they  wouldn't  allow  her  to  enter  at  the  j)ort  of  St. 
Andrews.  The  captain  owns  part  of  the  vessel,  and  ho  went  ashore  and 
asked  permission  to  enter.  They  told  him  no ;  that  flshernie:!  had  no 
business  to  enter,  ?.nd  if  he  came  in  he  would  be  seized. 

Q.  That  was  at  the  custom-house  at  St.  Andrews? — A.  Yes,  sir. 

Q.  And  so  he  did  not  undertake  it? — A.  He  did  not  undertake  it. 

Q.  Are  those  the  only  vessels  of  yours  that  haye  had  any  trouble  tliis 
year? — A.  I  think  so. 

TUKEE-MILE   LIMIT. 

Q.  Take  the  mackerel  fishery ;  what,  if  any,  substantial  valne  to  tlie 
American  lishiug  interest  do  you  regard  the  right  to  catch  mackerel 
within  3  miles  of  the  Canadian  shores? — A.  I  cgnsider  it  of  no  value. 

Q.  And  I  understand  from  what  you  have  have  said  that  your  opinion 
is,  from  your  knowledge  and  experience,  that  it  has  never  been  of  any 
substantial  value  as  a  means  of  catching  flsh? — A.  Yes,  sir;  tor  some 
years  past  I  have  had  my  vessels  going  up  for  mackerel,  and  until  this  | 
year  they  have  always  lost  by  going  there ;  if  they  had  remaiued  home  \ 
and  fished  as  late  as  this  year,  if  there  had  been  any  chance,  they  would  j 
have  done  much  better.   , 

THE  TEKEOK.    '    .  , 

Q.  Have  you  any  information  as  to  whether  any  other  American  ves- 1 
sels  have  been  excluded  from  the  Bay  of  Ohaleur  this  year?— A.  Idon'tj 
recall  any  spicial  cjise.  I  have  heard  the  matter  spoken  of  in  general] 
once  or  twice. 

Q.  Do  you  understand  that  all  have  been  kept  out? — A.  I  under:jtandl 
that  when  the  cutter  Terror  has  been  there  it  has  not  allowed  a)iy  vesj 
sel  to  enter. 

Q.  What  papers  had  your  vessel? — A.  She  had  a  permit  to  touch andj 
trade ;  all  my  vessels  had  that. 

Q.  But  she  had  no  particular  clearance  for  any  particular  Canauiaa 
port  ? — A.  No,  sir. 

.  :.  WHOLESALE  AND  RETAIL  PRICES. 

Q.  How  are  the  prices  of  flsh  this  year?— A.  The  prices  of  codfls^ 
are  lower  than  they  have  been  for  many  years;  the  prices  of  mackerel 
are  higher  for  certain  grades.  The  catch  of  No.  1  mackerel  this  yeaf 
has  been  smaller  than  it  was  last  year.  Th'*  catch  has  been  probaHj 
in  the  vicinity  of  12,000  barrels  No.  I's,  and  last  year  it  was  lOfi 
barrels.    The  price  last  year  at  this  season  was  $18,  and  this  year  it  i 


AMERICAN   FISHERY   INTERESTS. 


751 


*1J  and  $17.25,  with  perhaps  only  two-thirds  of  the  catch,  and  of  course 
with  very  much  smaller  proportion  of  other  grades  in  mackerel.    No.  1 
mackerel  have  been  less  this  year  with  a  smaller  catch. 
Q.  Take  it  for  codfish. — A.  The  prices  of  codfish,  both  wholesale  and 


ret 


ail,  have  been  very  much  less  this  year  than  last. 


PRICES  AFFECTED  BY  DUTY. 


Q.  Wa  there  any  observable  immediate  change  in  the  prices  on  the 
1st  of  July,  1885,  when  the  duty  was  put  on? — A.  Prices  were  lower 
after  that  I  the  market  seemed  to  bo  dull. 

Q.  But  your  market  here,  so  far  as  you  know,  was  not  affected  im- 
mediately by  that  fact? — A.  No  sir;  we  would  have  been  very  ftlxd  to 
1  take  the  "old  prices. 

,    COMPENSATION   OF  FISHERMEN. 

Q.  I  suppose  your  vessels  are  all  alike  here,  on  the  sameiay  that  has 
[been  described  by  the  other  witnesses? — A.  Yes  sir;  I  have  only  one 
vessel  where  part  of  the  men  were  hired  for  wages. 


■11 

rl;j 


is,  sir;  for  some 


,  CLOSE   SEASON. 

By  Senator  Edmunds  : 
Q.  You  can  state  what  you  like  on  the  question  of  a  close  season. — 
[a,  It  is  the  general  imjjression,  I  supi)ose,  that  it  is  more  desirable  for 
[the  lifberQien  to  have  a  close  season  than  not  to  have  it.  But  if  it  is 
[for  their  interest,  it  is  certainly  for  mine.  I  have  looked  into  the  ques- 
1  pretty  carefully — perhaps  no  more  so  than  masters  of  vessels — and 
jit  is  my  impression  that  it  is  not  going  to  be  for  our  advantage. 

In  the  first  place,  our  vessels  perhaps  will  want  to  start  earlier  than  the 

jistof  Junt,  and  I  know  of  no  reason  why  they  cannot  if  they  wish.    If 

(they  start  before  the  1st  of  June  they  are  liable  to  catch  mackerel. 

Suppose  those  mackerel  are  landed  on  the  15th  of  June ;  how  is  any 

[one  going  to  prove  that  they  were  caught  before  the  1st  of  June  ?    Sup- 

ose  Gloucester  will  send  out  100  vessels  mackerel  fishing.    That  is 

wbaps  what  they  have  sent  South  nearly  every  year  for  the  past  seven 

|Br  eight  years,  and  it  may  be  more  than  that.    They  have  taken  almost 

atirely  fresh  mackerel,  so  that  there  has  been  no  opportunity  for  ac- 

ainulatioii  of  stock  more  than  a  few  days  at  a  time.    I  would  say  that 

fcpto  the  1st  of  June,  possibly,  there  are  5,000  barrels  lauded  each  year, 

phave  been  for  the  past  few  years;  I  think  not  so  many  this  past 

tear, 

Q.  Are  yon  speaking  now  of  .salt,  or  fresh  mackerel  ? — A.  Of  salt 

|ia';kerel.    Wher  j  they  get  fresh  fish,  of  course  they  take  that  chance  of 

|tting  a  big  fare  with  some  one  or  two  or  three  trips.    On  the  whole, 

|i« Southern  fishing  business  has  been  disasti'ous,  and  I  think  I  have 

"en  engaged  in  it  as  much  as  any  firm.    I  have  had  four  or  five  vessels 

figi>Sedin  it,  and  they  probably  have  been  as  fortunate  as  any;  and 

[Jf  I  do  not  consider  that  the  voyage  South  has  been  especially  favora- 

fC.  On  the  contrary,  there  has  been  this  disadvantage :  I  think  the 

^ckerel  are  liable  to  be  salted  and  taken  on  or  before  the  first  day  of 

JDe.  If  a  vessel  should  happen  to  be  in  Southern  water  about  the 

pof  May,  so  as  to  be  prepared  to  take  them  on  the  1st  of  June,  if 

p  taw  a  school  on  the  25th  of  May  they  would  be  liable  to  take  them 

1%  thought  nobody  saw  them.    The  result  will  be  that  by  the  15th  of 


m 


752 


AMERICAN    FISHERY    INTERESTS. 


e  usually,  perhaps,  we  should  have  5,000  barrels  of  mackerel  lauded 
probably  a  large  portion  of  them  consumed.    We  are  quite  likely  to 


June  usually, 

and  probably  a  large  portion  or  tiiem  consumed.  We  are  quite  likely  to 
haw  by  the  loth  of  June  20,000  or  30,000  barrels  of  poor  mackerel  •  thev 
are  of  very  little  value.  It  is  only  a  small  portion  of  the  countrv  that 
takes  them,  any  way,  and  we  should  accumulate  a  stock. 

I  understand  the  object  of  a  close  season  is  to  prevent  takin"  the 
mackerel  in  the  s}>awulng  season  ;  but  they  do  not  spawn  until  alter  the 
1st  of  June. 

The  object  istilso,  as  I  understand,  to  keep  a  poor  quality  of  mackirel 
out  of  the  market.    Very  few  mackerel,  1  think,  are  taken  durngthel 
month  of  June,  because  they  are  spawning. 

Q.  Where  do  they  begin  to  spawn  South  ?  You  find  them  off  Hat- 
teras  in  March  ? — A.  I  don't  know  where  they  spawn.  You  flud  spawn 
in  tliera.    I  believe  the  fishermen  don't  pretend  to  know. 

Q.  Your  difficulty  about  the  close  season,  if  1  understand  you  cor- 
rectly, is  that  you  look  at  the  difficulty  of  its  enforcement,  ami  tbat  in- 
stead of  these  fish  that  are  caught  before  that  time  being  disposed  of,  ] 
they  will  be  packed  in  barrels  in  part  ? — A.  I  am  afraid  it  will  be  that 
way,  and  certainly  it  will  be  impossible  to  tell,  if  the  mackeiel  were] 
lauded  about  the  15th  of  June,  that  they  were  caught  about  the  25thi 
of  May.    And  then  I  don't  see  anything  to  prevent  the  danger  of  ship- 1 
ment  from  all  over  the  Provinces  about  the  15th  of  June.    The  mackerel! 
strike  their  shores  from  the  15th  of  May,  anu  they  can  catch  those  MJ 
at  that  time  and  salt  them  and  keep  them  until  the  middle  of  June  and! 
keep  them  from  our  markets ;  whereas,  if  we  are  kept  to  the  8<:rictlet-l 
ter  of  the  law,  we  won't  be  able  to  take  many  fish  until  after  the  hi\ 
of  July,  anc  the  Canadians  will  be  able  to  get  the  advantage  of  the  ba 
market. 

Q.  If  the  close  season  were  on  down  here,  you  could  go  north  and  fish 
where  the  Canadians  do — in  the  Gulf  ? — A.  We  might  do  that,  I  suppose, 
But  the  fish  seem  to  follow  the  shore,  and  more  and  more  fish  aretakenj 
in  traps  and  weirs  on  the  Nova  Scotia  shores  than  are  taken  outside. 

Q.  So  you  think  that  this  early  fishing  would  not  amount  to  anything 
up  there  outside  of  the  three-mile  limits? — A.  No,  sir. 

Q.  And  that  at  that  early  time  in  the  year  it  Is  the  boats,  &c.,  tha 
take  them? — A.  Yes,  sir.  Our  vessels  have  been  there  every  year, 
few  vessels  leave  the  southern  fisheries  about  the  15th  or  26th  of  Maj 
and  go  north,  hoping  to  take  fish  on  their  passage  to  the  North  Bay;  ba 
there  are  many  more  failures  than  there  are  successful  voyages, 
year  I  think  there  were  thirty  to  forty  vessels  went  there,  and  I  guea 
not  more  than  seven  or  eight  caught  trips. 

MACKEREL  AT  SPAWNING  TIME. 

By  Senator  Frye  : 

Q,  These  mackerel  are  carrying  spawn  nearly  all  the  time  from  Maroj 
up  to  June,  are  they  not? — A.  1  don't  know  how  early,  but  I  presnn 
tliey  are. 

Q.  When  they  are  actually  spawning  they  do  not  make  their  appeaj 
ance  on  the  surface,  but  go  deep  ? — A.  I  don't  know  that,  but  1  pij 
^ume  that  is  the  case. 

Q.  That  is  the  reasdn  you  do  not  take  them  in  the  month  of  Jnj 
with  your  nets — because  they  are  on  the  bottom  ? — A.  I  presume  so. 

Q.  While  these  fish  arecarrying  spawn  do  you  think  they  are  goodtj 
A.  No,  sir;  I  think  they  are  not  good  eating. 

Q.  They  are  very  poor,  are  they  not  ? — A.  Yes,  sir. 


AMEKICAN    FiailEliY    INTERESTS. 


753 


Q.  And  snialH— A.  Yes,  sir. 

Q.  After  they  have  spawned  iu  Juuo  tboy  very  rapidly  recover  )^eir 
condition,  do  they  notf— A.  Yes,  sir. 

Q.  They  feed  on  a  little  red  insect! — A.  That  is  their  natural  food. 

q!  What  is  that  called!— A.  I  have  heard  it  called  brit;  it  is  also 
called  red  feed.     .  • 

Q.  So  that  iu  July  the  mackerel  get  fat ! — A.  Yes,  sir. 

CLOSE  SEASON.     ,    ,  ,.  , 

If  you  will  allow  me,  I  think  thcire  is  no  doubt  but  if  we  could  pre- 
veut  their  being  taken  Ixfore  the  Ist  or  10th  of  July  it  would  be  a  good 

yea. 

Q.  They  can  be  prevented  from  taking  them  during  the  month  of 

I  June!— A.  Yes,  sir;  but  then  the  Canadians  would  get  them,  and  in 

that  way  get  the  advantage  of  a  bare  market.    You  can't  prevent  this, 

1  snppose,  under  the  present  tariff.    Next  year,  perhaps,  the  first  mack- 

lerel  lauded  will  bo  high  priced. 

Q.  The  theory  of  these  other  fishermen  is  all  right,  then,  that  the  mack- 
Imlare  poor  and  ought  not  to  bo  taken,  but  that  the  law  is  liable  to  be 
jriolated?— A.  Yes,  sir. 

EAELY  CATCH  OF  MACKEEEL.  ' 


By  Senator  Saulsbuet:  '     ^ !      .: 

Q.  v;hero  are  these  fish  that  ar*^  caught  in  the  Southern  fisheries 

Ipriiiciiially  sold  ? — A.  I  suppose  there  is  a  small  local  trade  in  New  York 

Istiite  au'I  Pennsylvania,  but  I  suppose  their  eventual  destination  is  iu 

pome  Southern  market.    The  Southern  markets  demand  a  low-priced 

isli,  which  is  necessarily  a  poor  fish.    Poor  fish  will  keep  better  in  a 

wm  climate  than  fine  fish.    A  poor  No.  3  mackerel  is  a  much  better 

■ticle  for  a  warm  climate  than  a  good  No.  1 ;  they  do  not  spoil  so 

teadily. 

By  Senator  Edmunds  :  ■).)■.■■!'  '.   </ ^      "     ■:■- 'A-  *        ' 

^  Q.  Can  you  not  keep  any  mackerel  that  are  properly  salted  a  great 
pile  in  any  climate'? — A.  They  don't  keep  so  well. 
Q.  They  get  musty  and  rusty  ! — A.  Yes,  sir ;  the  fat  dries  up,  aud 
py  get  oily  aud  strong ;  they  are  sort  of  soaked  in  oil.  v ;, 

By  Senator  SAULSBUEli : 
I Q.  Is  there  not  a  large  quantity  of  these  fresh  fish  eaten  by  especially 
p  poorer  classes  of  people  iu  New  York,  Philadelphia,  and  other  East- 
1  places?— A.  Yes,  sir ;  they  are  a  great  many.    They  are  very  cheap 
f times;  the  market  is  overstocked  with  them  and  they  sell  at  a  very 
^  price,  but  are  usually  a  pretty  good  kind  of  fish  for  fresh  fish,  that 
\  when  there  is  a  large  supply.    When  they  are  so  cheap  the  poor  ones 
|8  thrown  away,  aud  the  others  are  sold  at  a  pretty  good  rate. 
[Q-  Would  not  the  effect,  therefore,  of  breaking  up  this  southern  fish- 
jbe  to  deprive  a  large  number  of  people,  who  now  want  to  buy  cheap 
p  fish,  of  the  opportunity  to  buy  them! — A.  I  think  it  would  deprive 
p  of  the  opportunity  to  buy  mackerel.    I  don't  know  but  at  that 
on  of  the  year  there  is  usually  a  large  stock  of  fiesh  fish  cheap — 
«n  herring  and  smelts,  though  of  course  smelts  are  not  quite  so 
»!'•  And  at  different  times  there  is  most  always  an  abundance  of 
8hfish. 

.  Kx.  113 ^8 


754 


AMEEICAN   FISHERY    INTERESTS. 


^  TESTIMONY  OF  CHARLES  H.  FEW. 

Gloucester,  Mass.,  Oc^o&er  5, 1886. 
CHARLES  H.  PEW  sworn  and  oxaminetl. 

By  Senator  Edmumds: 

Question.  What  is  your  age  ! — Answer.  Fifty-one. 

Q.  You  reside  here  at  Gloucester? — A.  Yes,  sir. 

Q.  AVbat  is  your  occupation? — A.  In  tlie  general  fishing  business- 
buying  and  selling  goods. 

Q.  You  are  a  vessel-owner? — A.  Yes,  sir;  we  have,  I  think,  fro- j  18 
to  20  vessels. 

Q.  How  long  have  you  been  in  the  fishing  business  ? — A.  Ever  since 
1849. 

'  EECIPEOCITY. 

Q.  Then  you  were  in  the  business  during  the  whole  period  of  re- 
ciprocity under  the  treaty  of  1854,  and  free  fishery  business  uiuler  the 
treaty  of  1870-'71  ?— A.  Yes,  sir. 

Q.  What  was  the  eflect  of  the  reciprocity  treaty  of  1854  upon  tlio 
fishing  interests  here? — A.  During  the  latter  part  of  it,  it  interfered 
with  it  very  much,  depressed  it. 

Q.  Describe  how,  whether  the  Canadian  vessels  increased  in  mini 
ber. — A.  The  Canadian  tleet  increased.  During  the  inflation  period 
after  the  war  prices  were  very  high,  but  for  the  last  two  or  three  years 
the  business  was  depressed.  Oar  high  prices  caused  a  marked  increase 
in  the  Nova  Scotia  fisheries  J  the  fish  were  about  all  marketed  to  tbis 
country  at  Jhat  time. 

Q.  Did  large  quantities  of  them  come  to  this  port  ?— A.  They  com- 
menced to  increase  very  materially  during  the  latter  part  of  tlio  re- 
ciprocity treaty ;  we  had  gone  through  the  panic  of  1857,  and  at  that 
time  the  increase  was  not  material  from  1857  to  1861.  During  the  tiist 
years  of  the  war,  18G0  and  1861,  the  business  was  very  dull,  but  after] 
prices  began  to  look  up  and  business  became  more  prosperous  the 
market  increased,  and  finally  for  three  or  four  years  it  doubled  every 
year. 

COMPARATIVE  COST  OF  UNITED  STATES  AND  CANADIAN  VESSELS  «D  1 

OUTFITS. 

Q.  What  are  the  elements,  in  your  opinion,  of  the  difference  between  J 
the  cost  of  a  vessel,  its  rigging,  outfit,  &c.,  built  by  these  Dorainioiil 
people,  and  a  Gloucester  vessel?— A.  It  is  principally  a  difference  in] 
the  cost  of  labor  and  duties,  and  will  amount  to  probably  from  $1,000! 
to  $1,500. 

O,  On  each  vessel? — A.  On  each  vessel.  In  addition,  thereisama-j 
terial  difference  in  the  running  of  the  vessel  from  year  to  year.  Theyl 
have  no  duties  nor  taxes,  and  their  labor  is  lower;  that  makes  therun-j 
ning  of  the  vessel  very  much  less. 

COMPENSATION  OF  FISHERMEN. 

Q.  How  soon  do  your  fishermen  who  bring  fish  to  this  port  in  youj 
vessels  get  their  pay  and  profit  out  of  a  trij)  ? — A.  Just  as  soon  as  tbew 
laud. 


AMEEICAN   FISHERY   INTERESTS 


755 


Q.  How  do  yoii  understand  thai  course  of  business  to  be  in  the  Prov- 
inces t— A.  It  takes  a  long  while  before  the  fishermen  get  their  in^ney. 
As  a  general  thing  the  fish  have  to  be  lauded  and  marketed  and  the 
nioney  received  before  the  men  are  paid  off.  Sometimes  it  happens  that 
ibey  laud  their  fish  in  the  fall  and  do  not  receive  a  settlement  in  nioney 
nutil  they  are  again  ready  to  go  the  foUowiug  year.  Then,  again,  many 
oftliKin  take  their  compensation  from  the  stores  of  the  vessel  owners  on 
arunuing  account,  so  that  when  the  settlement  comes  it  issubstantially 
uo  settlement  J  their  i)ay  is  all  used  up.  y  v«   r-i,,*        -• 


BAIT.  • 

Q.  Wliere  do  your  cod-fishermen  get  their  bait  ? — A.  The  larger  part 
of  them  from  Xewpcrt,  around  Block  Island,  and  down  as  far  as  Ports- 
mouth, and  also  down  the  coast  of  Maine,  but  not  much.  The  larger 
imrt  of  the  bait  comes  from  Cape  Cod. 

Q.  nowhas  it  been  during  the  last  ten  years? — A.  Ithas  been  the  same. 

Q.  Your  vessels,  then,  during  that  time  have  had  very  little,  if  any, 
oecaron  to  go  into  Canadian  ports  for  bait? — A.  No,  sir;  they  have 
not  iiiadi'  ;i  practice  of  doing  it;  it  hasn't  been  common  with  them, 
tliougii  oci  asionally  a  vessel  would  do  so.  I  think  this  year  we  have 
liad  ouly  one  or  two  out  of  our  fleet  of  twenty  vessels  that  have  had  occa- 
sioQ  to  call  into  Canadian  ports  at  all,  and  then  I  don't  think  they  had 
auy  object ;  it  merely  became  convenient,  perhaps,  for  them  co  go  in. 

.  -      f        THE  CASE  OF  THE  SHILOH.        ,/,,,., 

Q.  Did  any  of  your  vessels  meet  with  any  difficulty? — A.  Those  that 
went  ill  (lid.  One  of  the  vessels  upon  the  last  trip^  I  think,  went  into 
Sliclbiuiie,  and  was  going  into  harbor  to  make  port,  and  was  fired  at  by 
one  of  the  English  cutters.    It  was  a  stormy  night. 

Q.  What  was  the  name  of  the  vessel  ? — A.  The  Shiloh. 

Q.  What  time  was  that  ? — A.  About  the  last  of  July  or  first  of  Au- 
gust.   I  thiiiii  she  will  be  in  today. 

Q.  With  the  same  captain  on  board  who  was  on  board  at  that  timet — 
A,  Yes,  sir. 

Senator  Edmunds.  If  he  comes  in  I  would  like  to  have  you  send  him 
liore. 

Tlie  Witness.  I  want  you  to  have  his  story. 

Seuiitor  Edmunds.  You  may  state  his  story  as  you  understand  it.. 

The  Witness.  As  I  understand,  he  went  in  from  the  Banks  in  stress 
of  weather.  He  went  into  the  lower  bay  at  Shelburne,  the  settlement 
I  Iteiug  farther  up  the  bay.  While  going  up  to  his  anchorage  ground  the 
first  thing  he  knew  a  shot  was  fired.  He  saw  the  cutter,  but  she  had 
I  nothing  to  distinguish  her  from  any  ordinary  vessel — no  flag.  The  cut- 
ter came  up  and  her  captain  put  an  armed  guard  aboard,  and  that  guard 
was  kept  there  all  the  time  he  was  there.    He  stopped  in  at  Louisburg, 

I  Cape  Breton.    He  had  a  man  on  board  who  was  sick,  and  he  was  a 

tie  in  doubt  whether  it  would  be  policy  to  carry  him  back  or  to  land 

I  "lui.   He  went  in  and  had  considerable  trouble.    He  had  to  get  permis- 

j  siou  from  the  Canadian  authorities  to  allow  him  in  port  with  a  sick  man. 

I "'-  ^'^'^  tol.ave  special  permission.  They  wouldn't  allow  him  to  go  ashore 

or  to  do  anything  at  all,  and  kepta  guard  right  around  him  all  the  time. 

All  our  vessels  had  instructions  this  year  not  to  go  into  any  Canadian 

port,  because  we  held  that  it  was  practically  of  no  advantage  to  us  or  to 

tlietu  to  go  into  their  ports — no  advantage  from  a  pecuniary  point  of 


-ill 


75G 


AMERICAN   FISHERY   INTERESTS. 


vioWjbecaaso  it  always  cost  moro  thau  any  benefit  derived  from  it.  1 
Lave  a  bill  showing  what  it  cost  one  of  the  vessels  to  go  in,  one  of  our 
lishiug  vessels,  the  schooner  Ontario. 

CANADIAN  PORT  CHARGES. 

Senator  Edmunds.  This  bill,  it  seems,  is  dated  Juno,  1886,  at  8t 
John's,  Newfoundland.  It  is  rendered  by  Stephen  March  &  !Son  agalDst 
the  vessel  for  what  she  had  to  pay  when  she  went  in,  as  well  as  for 
some  things  that  they  bought;  I  see  that  they  bought  some  tobacco,  &c. 
The  light-dues  were  $20.04  on  86  tons,  at  24  cents  a  ton.  Tliere  is  a 
charge  for  water  rates,  86  tons,  at  Scents  a  ton,  $4.30.  That  is  not  the 
price  charged  for  going  in  to  take  water,  but  only  the  charge  for  goiaff 
in.  Harbor-master,  $2.  Entering  and  clearing  at  the  custom  bouse" 
$1.  Pilotage,  inward  and  outward,  $7.50.  Then  after  some  little  itenig 
I  see  70  cents  for  tobacco  and  linseed  oil  and  a  little  tea.  There  is  also 
a  charge  for  12  flour- barrels,  amounting  to  a  little  over  $0,  and  an  ad 
vance  to  the  captain.  Then  comes  the  commission  on  the  whole  tiling 
at  5  per  cent. ;  then  a  charge  for  exchange  at  2  per  cent.,  making  a  total, 
taking  out  the  tobacco,  the  linsoed  oil,  the  tea,  and  tlour-barrels,  of 
$6.00  and  $31.50.  The  aggregate  was  about  $45  or  $40  for  merely  going 
into  that  port,  staying  a  day,  and  clearing  out  again. 

The  Witness.  And  pilotage,  though  they  don't  have  to  talio  any 
pilots.  Then  there  is  a  charge  for  water  rates,  when  we  didn't  talceany 
water. 

Q.  I  suppose  she  did  not  take  any  pilot? — A.  No,  sir;  it  was  as  if 
she  had  come  in  and  anchored  here  at  Gloucester ;  it  is  an  open  bay, 
just  like  it  is  here  at  Gloucester.  So  you  see  it  is  expensive  Ijusiuess, 
and  there  is  no  earthly  object  in  going  into  their  ports.  1  talked  to  the 
captain  of  that  vessel  very  hard  about  going  in  there. 

GLOUCESTER  PORT  CHARGES. 

Q.  According  to  the  course  of  business  here  and  the  practice  of  the 
Gloucester  custom-house,  what  would  be  the  charges  on  an  80  ton  Cana- 
dian vessel  that  should  comedown  here  to  fish  more  than  three  miles  off- 
shore out  here  in  the  Atlantic  Ocean,  and  had  occasion  to  laud  in  this 
harbor,  cast  anchor,  and  stay  a  day  ? — A.  Simplj'  for  entering  and  re 
jiorting  at  the  custom-house  ? 

Q.  How  much  would  that  be  ? — A.  There  would  be  no  fee  attached 
for  them  to  report  within  twenty-four  hours. 

Q.  So  that  if  she  merely  cast  anchor  and  departed  within  twenty-four  I 
hours  there  would  be  no  fee  at  all  I— A.  None.  We  would  be  only  too  j 
glad  to  have  them  come  in  to  buy  something.  That  bill  1  have  sliowaj 
you  is  a  fair  sample  of  the  whole  business  of  port  charges  against  our  j 
vessels  going  into  their  ports.    That  is  an  original  biM. 


THREE-MILE  LIMIT. 

Q.  For  your  codfish  vessels  do  you  regard  the  right  of  those  vessels! 
to  go  within  three  miles  of  the  Canadian  shores  as  of  any  consequence!-] 
A.  None  whatever. 

Q.  Take  your  mackerel  vessels ;  where,  during  the  last  fifteen  yeaw,j 
for  instance,  have  your  mackerel  been  caught? — A.  Off  our  Americauj 
shores.  J 

Q.  Have  you  ever  had  any  maclJere'l  vessels  going  to  the  Bay !— AJ 
Two,  this  year. 


AMERICAN   FISnERY   INTERESTS. 


757 


Q.  Never  belorct — A.  I  don't  think  wo  have  had  any  for  ten  to 
twelvo  years. 

Q.  Have  you  any  knowledge  as  to  whore  the  American  lisheruieu 
catch  their  mackerel  np  there,  and  as  to  liow  much  necessity  there  is 
for  tlioin  to  K<>  within  the  three  miles  1 — A.  1  have  a  Reueral  knowle<ljje. 

Q.  State  your  general  knowledge. — A.  I  think  if  they  kept  live  miles 
oftshore  it  would  be  an  advantage  to  the  business.  If  our  Government 
would  put  a  steamer  dowa  there  and  drive  them  all  ofl'shore  there  would 
bemoro  lish  caught.  1  don't  look  upon  it  as  any  advantage  at  all  to  go 
into  tbcir  harbors ;  it  is  a  positive  d:r.sadvantage  to  the  whole  business. 

Q.  Iluve  the  mackerel  vessels  returned  that  you  have  sent  down 
(Ijere  t— One  of  them  has  returned  and  gone  back  again ;  they  are  botli 
down  there  now. 

Q.  Ilavo  you  heard  of  either  of  them  having  any  trouble  ? — A.  No, 
sir;  not  at  this  time. 

Q.  They  were  under  instructions,  1  suppose,  uot  to  go  inside. — A. 
Yc8,  sir ;  their  instructions  are  to  keep  out  of  the  harbor  altogether ;  of 
coarse  they  have  to  go  in  sometimes  on  account  of  stress  of  weather. 

NATIONALITY  OF  FISHERMEN. 

Q.  What  proportion  of  your  crews,  on  the  average  of  a  dozen  years, 
are  American  citizens  1— A.  The  larger  part  of  them;  nearly  all.  Jn 
facti  (lou't  think  one  per  cent,  of  our  crews  are  foreigners.  Ihey  are 
not  all  American-born,  but  people  who  make  their  homes  in  this  country. 

By  Senator  Feye: 

Q.  Naturalized  ? — A.  Naturalized  citizens,  and  living  here. 
Q.  What  proportion  of  them  are  American-born,  do  you  think! — A. 
Very  few  now;  probably  not  more  than  10  to  12  per  cent. 

COMPENSATION  OF  FISHERMEN. 

By  Senator  Edmunds  :      .  r^'^''^^''^/':'-:'--^'-':-''--' ■  ■■^■'.■■•'•^- - 

Q.  State  about  the  average  number  of  men  composing  the  crew  of  one 
of  these  vessels. — A.  They  average  15  to  a  vessel ;  that  would  be  a  fair 
average. 

Q.  Aud  I  RU])pose  they  go  on  the  same  lay  as  all  the  others  have 
stated!— A.  All  of  them  go  on  shares. 


FORTUNE  BAY  TROUBLES.  •     ;.! 

Q.  Were  you  interested  in  any  of  the  vessels  that  had  difficulty  in 
I  Fortune  Bay,  that  old  affair? — A.  Yes,  sii;  it  was  our  vessel,  the  Onta- 
1  no;  she  was  the  one  the  gear  of  which  the  mob  destroyed. 

Q.  ouc  «as  in  there  at  that  time  for  bait,  was  she  not? — A.  She  was 

I  under  register,  and  went  in  there  to  buy  herring  for  the  market;  per- 

I  taps  the  herring  might  be  used  as  food;  they  went  in  to  buy  for  general 

pnrposes.    They  usually  go  on  winter  voyages,  winter  after  winter,  but 

this  year  they  thought  they  had  the  right  to  go  down  there,  and  so  they 

took  their  seines  and  boats  and  hired  men  down  there  to  fish  for  them. 

I  ihey  were  very  successful,  and  they  had  herring  enough,  trapped  or  sur- 

jionadedjto  supply  the  whole  fleet  there,  whilst  the  fleet  there  fisliing 

hith  the  old  gear  were  not  able  to  catch  any,  and  that  was  the  occa  ion 

jot  the  mobbing  and  destruction  of  ihe  property.    There  was  no  pre- 

"    of  an  excuse  whatever;  it  was  only  because  they  said  that  our 


758 


AMERICAN   FISHERY    INTERESTS. 


voHSols  were  coining  down  tlion^  and  tukin^  Iho  bread  out  of  their  cliil 
dron'a  mouths.  All  the  years  under  the  treaty  wo  luul  the  privilogenf 
going  in  there  for  herring,  although  we  bought  them ;  they  wouldn't 
allow  us  to  cateh  them ;  they  wouldn't  allow  us  anywhere,  even  at  St. 
John's.  Wo  had  a  vessel  that  was  nearly  sunk,  her  eable  was  cut,  siml 
she  intended  to  catch  her  bait;  that  was  the  Concord.  They  wero  told 
if  they  came  ashore  they  wouhl  bo  murdered. 

BAIT. 

Q.  If  there  was  any  advantage  in  going  in  there  for  bait,  why  did  your 
vessels  go  in ;  or  were  they  merely  going  to  bring  the  herring  back  iuro 
to  sell,  or  what  t— A.  It  is  a  matter  of  convenieiMie  perhaps  on  a  voya^'o, 
a  matter  of  habit.  A  man  has  been  out  to  sea  two  or  thn^o  months  and 
he  gets  sortof  tired  and  likes  to  rnn  in  and  get  the  news  from  home,  and 
get  the  papers,  and  take  water,  bait,  and  ice  and  water,  and  go  olf  again. 

By  Senator  Fryb  : 
Q.  As  I  understand,  you  had,  at  this  time,  the  right  to  go  in,  under  i 
the  terms  of  the  treaty,  to  catch  bait  f — A.  Yes,  sir ;  but  the  experience  j 
we  had  will  prevent  us  from  attempting  it  again. 


THREE-MILE  LIMIT. 

By  Senator  Edmunds  : 
Q.  Taking  your  whole  knowledge  of  the  business,  what  do  you  say  a 
to  the  value,  to  our  mackerel  fishermen,  of  the  right  to  go  within  the  I 
three-mile  limit  to  fish? — A.  I  don't  think  it  is  of  any  value  at  all;  ij 
think  it  is  a  damage  to  go  in. 

CANADIAN  PORT  CHARGES. 

By  Senator  Frye  : 

Q.  Do  you  mean  that  those  charges  named  in  the  bill  yon  have  exj 
hibited  to  us  are  customary  charges  to  the  fishermen  who  rnn  in  there!] 
— A.  I  never  saw  such  a  charge  before  this  year;  I  think  it  was  putoaj 
this  year. 

Q.  During  the  time  of  the  treaty  they  did  not  make  those  charges,] 
'did  they  t — A.  No,  sir. 

Q.  Do  you  know  whether  or  not,  under  the  laws,  they  have  a  riirlif 
to  make  those  charges  ? — A.  No,  I  have  no  actual  knowledge.  I  thiiik| 
it  was  said  that  this  Mr.  March  named  in  that  bill  was  a  member  n^ 
parliament  there,  and  being  a  member  of  the  legislature  he  had  tln^ 
privilege  of  making  these  charges,  that  being  a  special  privilege. 

Q.  Do  you  know  whether  other  vessels  of  ours  have  been  compelled 
to  pay  such  charges  this  year  ! — A.  I  don't  know  of  any.  I  think  biitj 
very  few  vessels  have  gone  in  there ;  I  haven't  heard  of  any  others  ex-j 
ceptours. 

FREE  FISH. 

Q.  Do  you  know  of  anything  that  the  Canadians  can  give  us  as  ai 
equivalent  for  allowing  them  a  free  market  in  this  country  for  theij 
fish? — A.  Nothing.  f 

Q.  What  would  be,  in  your  judgment,  the  effect  on  the  market  f^ 
the  next  twenty  years  if  we  were  to  give  them  that  privilege  t— A' 
would  transfer  the  headquarters  of  the  fish  business  from  our  territor] 
to  theirs. 


AMERICAN    FISHERY    INTERESTS. 


750 


EFFECTS  OF  TREATIES.  ■  ^_  ^ 

Q.  After  tho  '  .pirationof  reciprocity  what  was  Uuiofl'ectt — A.  Thoir 
b;.sinp.sa  decroased. 

Q.  During  the  pendcnoy  of  the  treaty  of  1870-'7l  ditl  they  make  a 
lipftvv  iiicrejwc  again  ! — A.  Ych  ;  from  1879  to  1882. 

Q.  Did  they  uioro  than  double  Hieir  Ilcett— A.  Yea;  doubled  and 
trt'ltlcd. 

Q.  What  was  the  effect  of  that  upon  our  fisheries  !--A,  It  simply  de- 
criiiHed  uur  busiuess  very  much  and  made  it  non-paying. 

FBESn  AND  SALT   FISH.  i  :: 

Q.  Has  the  market  for  fresh  fish  increased  immcosely  the  last  ten 
years!— A.  Yes,  h  has  increased  from  year  to  year. 

Q.  Has  that  had  any  effect  on  the  salt- fish  market ! — A.  It  interferes 
witii  Hales  and  prices. 

Q.  Under  the  de(!ision  of  the  present  Secretary  of  the  Treasury, 
fresh  flsb  for  immediate  cousumptiou  are  admitted  freeof<lutyf — A. 
Yen,  sir. 

Q.  Suppose  all  flsh,  salt  and  fresh,  should  be  admitted  free  of  duty, 
;iii(l  that  the  increase  observed  for  the  last  five  years  in  the  Canadian 
exportations  to  this  country  should  be  maintained,  would  it,  in  your 
opinion,  be  destructive  of  our  fishery  fleets  ! — A.  Totally  destructive. 
The  business  couldn't  be  carried  on ;  it  would  be,  I  think,  impossible  j 
it  would  be  simply  a  natural  consequence. 

DUTIES  AND  BOUNTIES. 

We  pay  taxes  and  duties  upon  everything  we  use.  We  have  high 
labor,  while  they  have  no  duties,  low  labor,  and  in  addition  to  that  a 
bounty  is  ])aid  their  fishermen  out  of  the  money  that  this  Government 
was  swindled  out  of.  France  pays  a  bounty  of  10  francs  per  quintal 
exported  to  other  countries.  We  have  fish  that  we  sell  tor  $1.50  and 
$2.25,  while  the  French  Government  pays  nearly  $2  a  quintal  as  a  bounty 
for  all  the  fish  exported  to  other  countries.  A  Freuclj  fisherman  got 
astray  in  a  dory  from  his  vessel,  and  was  brought  ashore  in  this  vicinity, 
and  the  French  Government  sent  a  war  vessel  to  bring  him  home. 
France  can't  spare  even  one  man. 


DUTIES  IN  FOREIGN  COUNTRIES.  * 

Q.  Do  you  know  whether  or  not  all  the  countries  to  which  wo  export 
fish  have  duties  !— A.  The  whole  of  them  have. 

Q.  They  do  not  open  their  markets  ? — A.  No ;  their  duties  are  abso- 
lately  prohibitory.  The  duty  is  very  large  in  Spain  and  Portugal,  as 
well  as  in  the  West  India  Islands;  we  can't  send  any  fish  there,  and 
never  could. 

WAGES  OF  WOMEN  IN  GLOUCESTER.  ;  > 

Q.  You  are  one  of  the  proprietors  whose  places  we  visited  this  mom- 
;  ingt-A.  Yes,  sir. 

Q.  I  saw  a  number  of  women  and  girls  at  work  there ;  what  average 
I  wages  do  they  get  t— A.  They  get  $G  a  week. 


700 


AMEItlCAN   FISHEKY   INTKUEBTS. 


WAdEH   OF  MEN   IN   GLOUOEBTEIl. 


Q.  I  Bttw  inon  at  work  tlioni;  what  aro  their  avora^jfo  wages !— A. 
Thoy  niako  about  $10  a  week. 

Q.  Do  any  of  thiMii  gul  moru  tlianthat.  1 — A.  Sonio  got  $i:{  ami  ^M  j 
and  Honio  get  $8.  " 


PRICES  OF   AMEBIC  \N  AND  CANADIAN  LAHOU. 

Q.  When  you  land  a  cargo  of  flsh  and  put  it  through  tlio  proccfwpi)] 
that  we  observed  this  morning,  is  tiiero  any  labttreonnected  with  it  fori 
whicli  yon  have  to  pay  less  tlian  a  dollar  a  dayf — A.  None  wliatevpr. 

Q.  It  runs  from  that  up  to  $2f — A.  Ves,  sir. 

Q.  Do  you  knDw  at  what  cost  that  saTue  kind  of  labor  is  performed  liv[ 
the  Canadian  flshermen  in  their  country  ! — A.  About  one-half.   Tlipyj 
do  not  follow  the  same  methods  of  curing  and  marketing  HhIi  t!uit  «ej 
do,  though  they  do  follow  them  as  fast  as  they  learn  them.    All  tin  irj 
methodn   of  catching,  curing,  and  marketing  are  learned  from  •liiJ 
coun  try.    Their  best  masters  have  gone  in  our  vessels  and  got  their  (diij 
cation  as  fishermen,  an<l  then  during  this  last  reciprocity  treaty  tin  v| 
went  home  and  went  as  masters  of  vessels.    I'rovious  to  that  wo  iiscili 
to  have  four  or  five  skippers  that  belonged  to  Yarmouth  and  SlielburntJ 
but  they  are  all  vessel-owners  now  down  there.    They  copy  our  vestwl* 
and  gearing  and  boats,  and  in  fact  everything  that  is  progrosNive  in 
their  whole  fishing  business  they  have  learned  from  us  here. 

AMEEIOAN  AND  CANADIAN  VESSELS. 

Q.  You  spoke  about  the  increased  cost  of  our  vessels  over  theirs  flij 
account  of  the  increased  cost  of  labor  and  the  duties  on  certain  ma 
terials.  Is  it  not  a  fact  that  the  American  vessels  cost  a  good  deal  mor( 
because  they  are  better  built  vessels? — A.  Yes,  sir. 

Q.  And  built  of  harder  woodt — A.  Yes,  sir;  we  use  oak  timber  i^ 
the  construction  of  our  vessels,  where  they  largely  use  si)ruc«\ 

Senator  Edmunds.  The  wages  of  shipwrights  are  higher  with  iis. 

The  Witness.  They  average  $?i  a  day  upon  most  all  American  vcSj 
sels,  while  with  them  the  shipwrights  jonly  get  from  $1.25  to  $1.50. 

PRICES  OF  FISH. 

Senator  Frye,  The  average  prices  of  fish  of  various  grades  durinj 
a  series  of  years,  if  made  up  in  tabular  form,  it  seems  to  me  might  8bo| 
that  food  is  about  as  cheap  as  it  is  possible  to  be. 

Senator  Edmunds.  Mr.  Pew  cou'.d  give  us  a  table  covering  a  doze 
years  or  so. 

The  Witness.  I  can  do  it.    I  have  a  knowledge  of  the  prices,  andj 
know  that  codfish  of  all  kinds  are  cheaper  this  year  than  they  ever  liav 
been  before  with  the  exception  perhaps  of  one  or  two  periods,  say  duj 
ing  the  panic  of  1857,  and  from  1860  to  1861,  at  the  commencement  r 
the  war.    When  the  duties  went  on  a  year  ago  last  July  the  prices ' 
mackerel,  although  they  were  $2  a  barrel,  went  steadily  down  from  I 
in  June  to  $2.75  along  about  the  first  of  August.    And  codfish  justtd 
same;  they  were  $3.25  to  $3.50  a  quintal  of  112  pounds,  and  they  wed 
right  down  in  price  notwithstanding  the  addition  of  the  duty,  and  tM 
are  lower  today  than  they  have  ever  been  in  the  history  of  the  coo" 
try.    It  is  simply  a  question  of  supply  and  dennand ;  there  is  an  o^ 


AMERICAN   PI8IIERY   INTEREHTfl.  701 

supply  <>f  <!<»tin«li.    \V«  lmv<^  uiitui'tiriMu  uuduiua  f  iioujjh  to  Hiii>pli  otir 
owiicomitry  with  food  itrotlucts  at  vury  cheap  prices.         i  - 

By  Hoiiiitor  Kdmundh: 

Q,  What  might  be  called  the  heifj:ht  of  the  ilfthiiii;  biiHiiieRR  here  f — 
A.  IhIiouIcI  May  September  to  October;  Heptember  ordinarily. 

{).  Tiu'ii  will  you  furniNh  uH  a  table  Hliowing  the  whoh-Muh!  pri<'eH  of 
ihiHi'variouH  kinds  of  ll8h,all  that  you  call  by  the  general  name  of  cod- 
lisli,  iiiitckorel,  halibut,  and  herring,  in  the  month  of  September,  taking 
tlieminie  date  all  around,  ho  uh  to  m.ake  an  even  <;ompariH(in  tor  10  to 
li yearn  bm;k,  an«^  send  it  to  us  at  your  convenience  1 — A.  I  will. 

HERRINO.  ' 

To  give  yon  an  illnstration  in  reganlto  the  dntios  on  herr'ng,  Labra- 
(Inr  herring  are  imported  here,  and  last  year  they  were  sold  as  low  as 
the  duties  en  them.    The  duties  were  $2  a  barrel,  and  they  were  sold  at 
1  (:'  a  biirrc-l.    They  had  a  most  8U(!cesstul  catch  of  them. 
Q.  On  what  part  of  the  coast  of  Labrador  are  these  herring  taken  t — 
A.  South  and  east,  opposite  Newfoundland.    The  prices  this  jN^ar  are 
1  from  $')  to  $0. 
Q.  What  part  of  them  are  taken  on  the  Labrador  coast  where  wo  are 
till  entitled  to  fish  ? — A.  I  don't  know. 

By  Senator  Fr YE  :  , 

Q,  We  do  not  flsh  for  them  ? — A.  No,  sir. 

Q,  What  do  those  largest,  handsomest  herring,  that  we  saw  this  morn- 
ling,  sell  for  now? — A.  All  prepared  and  put  up  and  salted  for  market, 
I  alKiut  $3  a  barrel. 

Q.  About  how  many  pounds? — A.  Two  hundred  pounds  always  iu 
labarrel.        .    >■  ■■  _  , 

CODFISH. 

Q.  What  do  these  smaller  codfish  sell  for  now  per  quintal? — A.  For 
I  (2  to  $2.25  per  112  pounds. 

Q.  They  are  rice  flsh  ? — A.  Yes,  sir;  they  are  just  as  nice  fish  {i.«  are 
[prodnced. 

Q.  What  do  the  larger  ones  sell  for  ? — A.  At  $3.50  per  quintal. 

Q.  Whatdoyour  boned  flsh  sell  for? — A.  From  S^to  5  ceutsa  pound. 

HERRING.  ;  , 

By  Senator  Edmunds  : 
Q.  Referring  to  Labrador  herring,  the  treaty  of  1818  provides  for  our 
jiglit  to  fish  from  the  west  and  southwest  along  to  the  Straits  of  Belle- 
isle  indetinitely  northward ;  were  any  of  those  herring  caught  in  the 
ptraitsof  Belleisle?— A.  I  think  they  were. 


TREATY  WITH  DENMARK.  ' 

Ilie  Witness.  Did  Mr.  Jordan  speak  to  you  about  the  discovery  this 
l«arof  a  treaty  with  Denmark  ? 
Senator  Edmunds.  No. 

;  Ilie  Witness.  Something  has  come  out  this  year  in  reference  to  a 
*aty  with  Denmark  which  provides  that  we  cannot  navigate  the  water 
»rtli  of  OOo  I  think  it  is,  and  a  war  vessel  destroyed  his  property  this 


7G2 


AMERICAN   FISHERY   INTERESTS, 


ye:ir  aiul  drove  lior  homo.  She  goes  up  on  the  vasuzt  of  GrwMiluiid  nnj 
lier  voyjige  was  broken  up  by  a  Danish  man-of-war,  1  think.  I  tlii'nk  il 
waa  stated — of  courso  this  knowledge  is  general — uhat  a  treaty  existtMW 
between  this  country  and  Denmark,  by  which  our  vessels  hud  no  ri"!i|f 
to  go  up  there  at  all.  At  any  rate,  the  vessel  landed  her  fish  0!i  sliwe, 
they  wyre  destroyed  by  the  man-of-war,  and  she  was  drivou  homo, 

Q  You  do  not  mean  that  any  Danish  vessel  undertook  to  prevent  oni 
of  our  vessels  from  fishing  north  of  00°? — A.  I  think  so;  I  tlmikslid 
was  driven  home. 

Q.  It  might  be  one  thing  for  her  to  fish  in  the  open  sea  north  cf  (KpJ 
and  another  thing  to  go  within  the  three-mile  line.— A.  I  think  tliti 
only  went  ashore  simply  to  have  less  obstruction  for  th'^  vessrf  wlipj 
they  went  to  clear  the  decks  a.'id  such  things,  as  they  had  always  hn 
in  the  habit  of  doing. 

NEW  ENGLAND  FISHING  INTERESTS. 

By  Senator  Saulsbury  : 

Q.  Aoout  what  proportion  of  the  fishing  interest  of  Ne»v  England  I 
centered  a+^^  Gloucester? — A.  I  think  from  a  fourth  to  a  third;  Igiiea 
one-third  would  come  nearer  to  it. 

[A  by-stander  stated  that  there  wore  1,600  fishing  vessels  in  all,  anl 
440  of  them  belonged  to  Gloucester.] 

Q.  To  what  do  you  attribute  the  decline  of  cod-fishing  this  season  !- 
A.  It  is  owing  to  the  quantity  of  the  catch.    The  modern  appliances  t 
catching  fish  improve  from  year  to  year ;  they  use  larger  vessels,  son 
larger  crews,  and  consequently  we  catch  more  fish. 

IMPORTATIONS  OF  FISH  FROM  CANADA. 

Q.  What  proportion  of  the  codfish  brought  to  our  markets  arecaugn 
in  provincial  waters  by  provincial  people  ? — A.  I  guess  they  brou«:| 
none,  or  at  any  rate  only  a  smali  percentage,  this  year.    Since  tbctrea 
went  out  of  operation  they  have  brought  very  few. 

Q.  Then  you  do  not  a  ^tribute  the  decline  in  the  prices  of  codfish  I 
the  importations  from  the  Canadian  Provinces  ? — ^A.  No,  sir;  it  is  siinpj 
due  to  the  laws  of  supply  and  demand.  Of  course  people  tliought  llif 
with  the  expiration  of  this  treaty,  prices  might  improve,  and  so  th^ 
caught  a  great  many  fish,  and  do  now. 

Q.  I  understand  you  to  say  that  the  price  of  mackerel  has  advano 
this  year  1—A.  Yes,  for  certain  kinds. 

Q.  Is  that  attributable  to  the  same  cause,  there  not  being  a  supply  t 
A.  Yes,  sir ;  an  insufficient  supply. 

LOCAL  TAXATION  OF  VESSELS. 

Q.  You  spoke  of  the  cost  of  our  vessels  as  compared  wii,h  Canadu 
vessels,  the  materials  entenng  intx)  construction  having,  some  of  im 
to  pay  duty,  and  the  cost  of  labor  also  being  greater. — A.  AH  tiiet 
ber  that  goes  into  American  vessels  except  t^hip  timber  has  to 
duties. 

Q.  Is  not  one  of  our  disadvantages  local  taxation?— A.  Yon  rai^ 
take  that  view  of  it.    You  might  take  it  as  a  disadvantage  or 
advantage.    It  would  open  up  a  pretty  wide  field  for  discussion. 

Q.  Can  you  compete  with  Canadians,  who  do  not  pay  any  local  ta 
on  their  vessels? — A.  No,  sir. 


AMER] 

Q.  iiav(i  you  e^ 

ishing  business  in 
I  are  sfatistics  gotte 

dollars.    It  has  b< 
1 5fiO,000  people. 

IN^-'OR 

Q.  Have  any  of 
Jontliepartof  these 

A.  I  think  theyha^ 

I  of  Gloucester  ever, 

I  althongh  they  ar«  ' 

than  tliey  were  befo 

I  possibly  can. 

Q.  There  were  ir 
[>''iiieof  any  conseq 

By  Senator  E 

Q.  Except  the  For 
I  were  some  litt'e  thir 

NUMBE 

Q.  Hor  many  ves 
.lortheastern  waters 

%  Witness,  w; 

Senator  Edmunds 

lcoa^tcf:^ewfoundlai 

I  A.  They  don't  go  i 

|Jova  Scotia  waters  i 

a feiv halibut;  th'e  C( 

Q.  What  I  want  t^ 
Itlie  free  right  to  go 
Ition  where  they  mig 
ppon  circumstances. 
Ijoneiftheyhadhad 
I  [A  jystander  state 
IGloacester  that  had , 

HADD 

By  Senator  Sa 
Q.  Are  haddock  ca 
ponotgo  up  there  fo 
Fackerel.  Theprese 
Kn  years  mackerel  t 
pr  them  to  go  up  the 
1  J  Are  haddock  ca 
I  >^- Are  they  broug] 
Rw  to  a  limited  e; 
^'  Where  are  the 
^j^l  very  rarely  in,- 
F«rs  that  are  open 


AMERICAN   FISHERY   INTERESTS. 


76a 


AMERICAN   CAPITAL  INVESTFU   IN  FISnEtllES.     _    i.       • 

Q.  lliivi^  you  ever  uiiulo  an  estimate  of  the  <;apiti.l  iiiv«st«Hl  in  the 
fishing  business  in  this  country  in  the  way  boiits  and  vesseLs? — A.  There 
are  statistics  gotten  up  thiit  give  all  that.  It  is  a  good  many  million 
ilolhirs.    It  has  been  estimated,  I  think,  that  it  givefi  euiployment  to 

[,)liil,000  people.  ^    ,  ^  ■  -.■  ,  :     -.    .   , 

INi-ORMATION  TO  THE  STATE  DEPAETMISNT.  ; 

Q.  Have  any  of  the  interruptions  and  irritaiaons  that  have  existed 
ontlie  part  of  these  vessels  been  madcknown  to  the  Secretary  of  State  !-- 

I  A.  I  think  they  have  been;  while  Mr.  Pabson  v-as  collector  of  the  port 

I ot Gloucester  everything  was  reported,  and  I  think  they  are  today, 
althongh  they  ar«  more  iiniiortant  since  the  expiration  of  the  treaty 

jtatbey  were  before.    They  evidently  make  all  the  trouble  that  Miey 

I  possibly  can. 

I  Q.  Tiiero  were  irritations  before  the  expiration  of  the  treaty? — A. 

|>'Mieof  any  consequence. 

I       By  Senotor  Edmunds  :       ;  :   ■ 

I  Q.  Except  the  Fortune  Bay  affair  and  things  of  thf .t  kind  ? — A.  There 

Iteresorae  litt'o  things  like  that,  but  they  were  of  d'^  conseqnerce. 

I  NUIIBER  OF  VESSELS  IN  BRITISH  WiTERS. 

I  Q,  Ear  many  vessels  altogether  do  yon  think  have  gone  to  those 

[riortheastern  waters  to  fish  for  mackerel,  cod,  and  halibut  this  yoar  t 

I  %  Witness.  Where  do  you  mean  ? 

I  Senator  Edmunds.  I  mean  the  Gulf  of  St.  Lawrence  and  along  the 

|coa?tcf  Newfoundland  and  Labrador. 

I  A.  They  don't  go  on  tbat  coast  at  all.    The  fleet  that  has  gone  into 

IXova  Scotia  waters  are  mackerel  catchers,  and  occasionally  they  take 

|«  few  halibut;  the  cod-fishers  don't  go  there. 

I  Q.  What  I  want  to  get  at  is  the  number  of  vassels  that,  if  they  had 

Itlie  free  right  to  go  in  as  they  had  before,  would  ha\  e  been  in  a  situa- 

Itioii  where  *hey  might  have  used  it. — A.  It  would  depend  altogether 

liipon  circumstances.    Previous  to  this  present  year  aone  would  have 

■pine  if  they  had  had  the  privilege. 

I  [A  bystander  stated  that  there  were  90  to  95  vessels  from  the  port  of 

■Gloucester  that  had  gone  into  the  Canadian  waters  this  year.] 

I 

1  haddock,  MACKEUEL,  AND  HALIBirT.  >    -, 

I      By  Senator  Saulsbury:    ,  '•  "•     "• 

I  Q.  Are  haddock  caught  in  our  'paters? — A.  Yes,  sir;  and  our  vessels 

llonot  go  up  there  for  them.    There  is  no  fish  they  go  there  for  except 

fcackerel.   The  present  year  has  been  a  marked  exception.    For  fonr- 

P«n  years  mackerel  fishing  was  better  on  our  shores,  and  it  was  a  loss 

■ortlieui  to  go  up  there  at  all. 

I  Q.  Are  haddock  caught  up  there  in  their  waters  ? — A.  Yes,  pir. 

■  Q.  Are  they  brought  here  by  the  Canadians  ? — A.  I  think  not ;  they 

pay  be  to  a  limited  extenc. 

B  Q.  Where  are  the  halibut  caught  1— A.  Sometimey  3  or  4  miles  off- 

••ore;  very  rarely  inshore.    They  are  caught  oft'  the  Georges  and  in 

•aters  that  are  open  to  tha  fishermen  of  all  tL'^  '.v^orld. 


7G4 


AMERICAN   FISHERY   INTERESTS. 


Q.  Are  halibut  sent  bero  by  the  Cauadiaus  ? — A.  Ouly  very  Iittk 
They  (lou't  follow  that  business  at  all. 

Q.  Tlieu  the  only  Canadian  fish,  as  I  understand  it,  tl.a,t  conic  in  coir 
petition  with  yours,  are  the  mackerel  and  codfish  ? — A.  Mackerel  auJcodl 
fish.    The  Canadian  ports  are  closed,  substantially,  six  luontlis  in  tlJ 
year  by  ice,  during  which  time  all  their  fishing  grounds  are  full  of  icei 
you  can't  get  within  a  hundred  miles  of  them.    If  the  Ainericau  lishl 
eries  were  destroyed  you  could  not  get  a  substitute  for  tliern  from  i 
Canadians,  only  to  a  limited  extent,  because,  as  I  say,  their  fisln 
grounds  are  closed  up  by  ice,  and  they  can't  get  in  there  uutil  Junft 
Their  waters  are  unnavigable  for  some  four  or  five  months  on  account  c 
the  ice,  and  their  ports  all  along  down  are  so  far  north  that  they  an 
substantially  clo  it>d  in  the  winter  time. 

Senator  Edmukds.  There  is  a  great  deal  of  the  time  that  the  Stn 
of  Northumberland  is  closed.  •  /   .    i^ii; 

DUTY. 

The  Witness   This  fish  question  opens  up  a  wide  field  for  the  com 
sideration  of  political  economists.    From  my  observation  I  am  led 
the  conclusion  thac,  taking  the  duties  as  they  are  to-day,  you  migli 
fairly  say  that  the  advantage,  if  anything,  is  in  favcr  of  the  Canadiaa 
even  with  our  duties  against  them. 

By  Senator  Edmunds  :    ^  :;.  :' 

Q.  You  are  speaking  of  salt  fish  ? — A.  Salt  and  fresh,  all  kinds. 
Q.  There  la  no  duty  on  fresh  fish  now  1 — A.  No. 

'<■■■•  ^JJ:Mi:    '^:'-   '  SALT  AND  FRESH  FISH.     ;   ■•' 


By  Senator  Sa  jlsburt: 

Q.  What  proportion  of  the  fish  caught  by  our  fishermen  are  fresj 
and  what  proportion  salt  f— A.  I  should  say  that  in  value  perhaps  S 
per  cent,  are  fresh. 


SOUTHERN  MAOKEBEIi  FISHING. 

Q.  Do  your  vessels  go  down  the  Southern  coast  as  far  as  Cape  Ha( 
teras? — A.  Oh,  yes;  they  go  down  there  in  the  early  spring, .>n(i  folloi 
along  the  coast  during  the  summer  and  fish  off  the  Georges. 

Q.  Does  the  whole  fleet  go  there,  or  only  a  part? — A.  Only  a  certa 
portion. 

By  Senator  Edmunds: 
Q.  They  only  go  there  for  mackerel,  I  suppose? — A.  Ouly  forinad 
erel.  They  go  as  far  south  as  Nantucket  for  codfish.  Our  busiuel 
has  been  more  largely  the  catching  and  marketing  of  codlisb,  bccau 
it  has  been  generally  more  steady  and  there  has  been  a  larger  deaa^ 
for  that  class  of  fish. 


AMERICAN   FISHERY   INTERESTS. 


7G5 


TESTIMONY  OF  JAMES  G.  TARR. 

■  '  Gloucester,  Mass.,  Ocfo&cr  5, 1886.    ? 

JAMES  G.  TAER  sworn  and  eyamined.  ^^^  v,j      Vo  *f  ?i  -^X 

By  Senator  Edmunds:  ',  !    '  :  ■  -   -  i  •■^r:  ' "  '"■■■''-' 

Question.  What  is  your  age? — Answer.  Fifty-six.     ,      ; 

Q.  Where  do  you  reside! — A.  GiOuce8fc*;r. 

Q,  What  is  your  occupation  I — A.  Commission  merchant.        .:    /y* 

Q.  And  owner  of  fishing  vessels  as  well? — A.  Yes,  sir.  t     ,. 

Q.  How  long  have  you  been  in  the  business? — A.  Thirty  years. 

Q.  How  many  vessels  have  you? — A.  Twelve. 

Q.  What  kind  of  fishing  have  you  been  engaged  in? — A.  Mackerel, 

lit,  and  codfish. 
Q.  Did  your  vessels  fish  for  mackerel  in  what  we,  for  short,  call  Do- 

11  waters  from  1870  on,  during  the  time  of  free  fish  and  fiee  right 
jgoin!— A.  Yes,  sir. 

THREE-MILE  LIMIT. 


Q,  Where  were  the  larger  part  of  the  mavokerel  up  there  taken  during 
lliattime?— A.  The  larger  part  were  reported  by  the  captains  to  have 
w  taken  on  Bank  Bradley  and  Bank  Orphan. 
Q.  How  far  from  the  shores? — A.  From  35  to  20  miles.  '    ''"  '' 

i  4  What  portion  of  all  the  catch  you  know  anything  about  of  mack- 
1  in  those  waters  has  been  taken  in  the  last  ten  or  fitteen  years  inside 
( tlirce  miles  from  land  ? — A.  About  one-eighth  of  the  catch  of  our  vey- 

[ Q,  Of  what  value  would  you  regard  the  right  of  your  vessels,  and 
pe  of  people  similarly  engaged,  to  fish  for  mackerel  within  3  miles  of 

isliore  up  there? — A.  Very  slight. 

|Q,  Jlackerel  are  now  taken  entirely  by  seine  and  not  by  bait  with 
Kikaudline,  I  suppose? — A.  Yes,  air. 

IQ.  How  far  is  it  necessary  for  your  vessels  to  go  In  toward  the  shore 
Kiicenf-aged  in  luackeiel  fishing? 

JTlie Witness.  To  pursue  fish?        :.,;--;': '-v^c^;cb  r.v--  >' 

jSeuator  Edmunds.  For  any  purpose. 
U.  Stress  of  weather,  of  course,  is  one  of  the  causes  for  them  to  seek 

itbors,  aud  for  wood  and  water.    This  season  we  have  sent  but  few, 

itliose  vessels  have  been  so  fitted  that  they  have  had  no  occasion  to 

■cliase  anything  ashore  aside  from  wood  and  water. 
IQ  Uow  much  of  an  incor  venienco  or  loss  to  your  business  has  it  been 
fttliey  have  not  been  allowed  to  go  in  thin  year? — A.  None  what- 
|er, 

COD-FISniNG.     '  *      '     :'   : 

Where  has  your  cod-fishing  been  done? — A.  Principal'y  on  the 
jorges  Banks.    Wo  have  had  only  one  at  the  Grand  Banks. 

%  The  Georges  are  the  nearest  Banks  to  this  port,  are  they  not  ? — A. 

^  sir. 

■  How  many  miles  is  it  to  the  Georges  ? — A ,  Two  hundre  1  or  more. 

■  Take  your  Grand  Banks  fisheries  and  the  Banks  around  Sable 
H&c,  howfar  is  it  necessary  for  your  cod-fishing  vessels  to  go 
Jl^aiiadian  ports?— A.  Only  for  wood  and  water. 

And  shelter,  I  suppose,  in  case  of  stoim  ? — A.  Yes,  sir. 


y.:'  K^il 


766 


AMEKICAN   FISHEEY   INTERESTS. 
SHELTER. 


Q.  Do  the  vesscla  generally  run  in  from  tlio  Grand  Bauki  for  shelter 
in  case  of  storm  t — A.  No,  sir. 

Q.  They  are  too  far  from  land? — A.  Tea,  sir.    So  those  off  tLe  Georges] 
never  run  for  shelter. 

VESSELS  AND  CZ^^WS.  -      ; 

Q.  Is  the  size  of  your  vessels  about  the  same  as  has  been  mcntionedl 
by  the  other  witnesses  whom  you  ha^e  heard  ? — A.  Yes,  sir. 

Q.  About  what  jiroportion  of  the  crews  are  American  oitizeusl— A. 
think  three-fifths  of  our  crews  are  American  citizens. 

Q.  You  have  about  the  same  number  to  the  vessel  as  the  other  i 
nesses  have  stated  ? — A.  Yes,  sir. 

Q.  From  twelve  to  fifteen  and  twenty,  and  so  on  ? — A.  Yes,  sir. 

TREATY  OF  1870-'71. 

Q.  Taking  the  whole  fishery  question  together,  then,  do  you  regan 
the  rights  that  you  have  had  while  the  treaty  of  1870-'71  was  in  ton 
of  any  substantial  value  ? — A.  No,  sir ;  for  this  reason :  We  have  seni 
for  thirteen  years  past  on  an  average  three  vessels  per  season  intothf 
Gulf  of  St.  Lawrence  for  mackerel ;  those  vessels  in  that  time,  with  i 
the  advantages  of  free  fishing,  have  not  paid  their  way;  they  have  ra^ 
behind  and  haven't  paid  their  bills. 

MACKEREL  CAUGHT  IN  AMERICAN  WATERS  iND  IN  CANADIAN. 

Q.  From  1870  down  to  this  time  what  proportion  of  the  whole  catd 
of  mackerel  that  comes  to  this  port  have  been  caught  in  these  northerj 
waters,  as  against  the  proportion  caught  in  what  we  would  call  Anierj 
can  waters,  or  along  our  own  front? — A.  I  should  judge  the  Americ 
catch  in  the  provincial  waters  would  not  show  more  then  oneflftlii! 
the  whole  catch  in  the  fifteen  years. 

Q.  Then  in  a  long  series  of  years  by  far  the  largest  part  of  the  mac| 
crel  caught  are  taken  off  our  own  coast? — A.  That  has  been  my  ofl 
experience. 

Q.  During  all  that  period  what  proportion  do  you  think  of  those  thj 
were  caught  in  what  are  called  Dominion  waters  were  taken  witii 
three  miles  of  the  shore? — A.  I  think  not  more  than  one-eighth  of t 
catch. 


\  TESTIMONY  OF  GEORGE  STEELE. 

Gloucester,  lilASS.,  Ovtohcr  C,  1886.J 

GEORGE  STEELE  sworn  and  examined. 

By  Senator  Edmunds  : 
Question.  What  is  your  age  ? — Answer.  Nearly  fifty-eight. 
Q.  What  is  your  occupation  ? — A.  The  fishing  business  ami  iusnraii| 
business. 
Q.  And  you  are  a  vessel  owner  and  outfitter  as  well?— A.  YeSjSirJ 


AMERICAN    FISHERY   INTERESTS. 


7G7 


Q.  How  loQ{?  have  you  been  iu  the  business? — A.  Directly  and  indi- 
I  jectly  since  1848. 
Q,  How  many  vefjSels  have  youl — A.  Twelve. 


AMERICAN  FISHERY  UNION. 


A. 


Q.  Eave  you  any  official  connection  with  the  fishery  matters ! 

iTes,  sir. 
Q.  What  is  that  ?—  A.  President  of  the  American  Fishery  Union. 
Q,  What  does  that  union  comprise ;  what  is  it  ? — A.  It  is  an  organ- 
.ition  which  held  a  meeting  at  Gloucester  two  years  ago  next  Decern- 
ler,  represeutiug  the  whole  of  the  New  England  fisheries.    At  that  con-* 
mm  some  seven  or  eight  were  chosen  as  directors,  and  1  was  presi- 

bent  of  that  board. 

NEW  ENGLAND  FISHERIES. 

i  Q.  When  you  say  that  it  embraced  the  whole  of  the  Now  England 
bkries,  do  you  mean  that  it  includes  shore-fishing  with  boats  and  ves- 
klsJ-A.  Boats  and  vessels ;  it  includes  the  whole ;  every  thing  on  the 
lew  England  coast. 

[Q.  About  what  proportion  of  the  American  fishing  interest  is  com- 
Wd  in  what  you  call  the  New  England  fisheries  ? 
I  Tlie  Witness.  To  include  the  boat  business  ? 
Seaator  Edmunds.  To  include  the  boat  business. 
A.  I  should  think  it  would  be  nearly  80  or  90  per  cent. 
Q.  Are  there  any  cod-fishing  and  mackerel  or  halibut  fishing  vessels 
Ktwl  out  iu  other  Atlantic  ports  outside  of  New  England  ? — A.  Not 
m  I  know  of,  unless  it  is  in  the  Gulf  States  and  on  the  Pacific. 
JQ.  1  am  speaking  of  the  Atlantic. — A.  No,  sir ;  none  that  I  know  of, 
]  any  amount. 

(Senator  Edmunds.  I  am  under  the  impression  that  there  is  possibly 
Bin  New  York  and  possibly  one  in  Philadelphia. 
jihe  Witness.  There  might  be  one  in  New  London. 
ISenator  Edmunds.  That  is  in  the  New  England  district.    Then,  sub- 
pntially,for  the  fishery  question  we  are  inquiring  into — and  you  might 
dade  the  whale  fishery  as  well,  but  no  matter  for  that — I  understand 
|»t  the  fishery  that  brings  us  in  contact  with  the  British  Provinces  is 
tied  on  in  New  England  within  the  province  of  your  bureau! 
Tie  Witness.  Yes,  sir;  and  I  suppose  you  know,  of  course,  that  the 
Je  fisheries  are  interested  as  we  are. 

ienator  Edmi^nes.  Yes,  I  understand  that.    But  the  lake  fishery  is 
Btly  done  in  boats,  is  it  not  ? 
|he  Witness.  Yes,  sir. 

Aud  that  is  not  within  your  New  England  American  Fishery 

N,  is  it?— A.  No,  sir;  they  are  not  in  our  organization,  but  so  far 

Itkeirfish  are  concerned  I  was  surprised  to  learn  at  Sandusky  and 

do  that  their  fresh-fish  business  causes  theui  to  be  interested  in  the 

li  business  on  the  New  England  coast. 

And  then  when  you  add  to  that  the  interests  of  Lake  Superior, 
W  Huron,  and  of  the  Wisconsin  people,  it  increases  the  scope  a  great 


1  more!— A.  Yes,  sir. 


COD-FISHING. 


■  Taking  the  first,  or  some  line  of  inquiry  yon  have  heard  ns  carry- 
Ion  here,  you  may  tell  us,  beginning  with  cod-fishing  vessels,  whei^ 

Igotwflah. 


7G8 


AMEEICAN   FISHERY   INTEBESTS. 


The  Witness.  You  would  like  my  experience  with  my  vessels  in 
1886t  " 

Senator  Edmunds.  Take  those  vessels  for  the  last  ten  years;  where! 
have  they  gone  to  fish  I     , 

A.  Hand-lino  ilshing  ou  Georges  Bank  and  other  Banks  nearer-  ths 
Western  and  Grand  Banks. 

Q.  Where  is  the  trawl  fishing  carried  on  for  cod  ?— A.  Mostly  on  thj 
Western  and  Grand  Banks.  ; 

TRAWLS  AND  HAND-LINES. 

•  Q.  Which  is  the  more  successful  kind  of  fishing,  trawl,  or  baud  linej 
fishing ! — A.  I  should  think,  for  the  owner,  the  hand-line  lishing  wa 
the  most  favorable. 

Q.  How  for  the  fishermen  themselves  ?  If  they  all  go  on  the  lay,  wliy 
do  you  make  that  distinction? 

A.  The  expense  of  fitting  a  vessel  for  trawling  is  greater  to  the  owner^ 
but  I  think,  as  a  general  thing,  the  men  will  make  more  for  their  shn 
by  setting  thousands  of  hooks  than  they  will  by  just  attendiug  totwa 

Q.  How  long  are  these  trawls  ! — A.  If  I  understand  rightly  aboutiU 
when  one  of  these  large  vessels  has  all  her  trawls  out  they  will  extend 
over  some  6  miles. 

Q,  How  long  would  each  trawl  be  t — A.  I  could  not  say  exactly  abott^ 
that ;  I  am  not  so  well  posted. 

Q.  As  we  Yankees  say,  you  can  give  a  guess. — A.  I  could  not  tellyoi^ 
exactly ;  I  do  not  know  about  that. 

Senator  Edmunds.  Is  there  not  a  fisherman  present  who  can  telj 
about  the  ordin.ary  length  of  a  trawl  line? 

The  Witness.  It  would  be  merely  guess-work  on  my  part.  I  am  jiisl 
informed  by  Captain  Smith,  now  present,  that  they  have  about  25  or  I 
lines  upon  a  trawl,  which  average  about  30  fathoms  to  a  line. 

Senator  Frye.  Six  feet  being  a  fathom  ? 

The  Witness.  Yes,  sir. 

...-.■....•;-.v.i.-  ..,..  BAIT. 


Q.  (By  Senator  Edmunds.)  Have  your  cod-fish  vessels  htul  any  uece 
sary  occasion  to  visit  the  British  Provinces? 

The  Witness.  Do  you  wish  the  experience  of  1886  ? 

Senator  Edmunds.  Ko  ;  1  am  speaking  now  of  the  ten  years  pas^ 
We  will  come  down  to  1886  by  itself. 

A.  They  have  always  more  or  less  taken  oaitfrom  the  Provinces  lat<j 
in  the  season ;  the  first  of  the  season  we  get  bait  more  ou  the  America 
coast. 

Q.  How  often  have  your  people  got  bait  in  the  British  Provinces !-J 
I  should  think  their  bait  bills  would  amount  to  not  less  than  $3,0"' 
and  from  that  to  $5,000,  for  my  fleet  of  vessels. 

By  Senator  Saulsbury  : 
Q.  Is  that  the  annual  co8t?--A.  Yes,  sir;  that  is  the  annual  co^ 
I  have  the  exact  figures  at  hand. 

By  Senator  Edmunds  : 
Q.  That  is  near  enough  for  our  purposes.    That  privilc},'o  being  dj 
nied  you,  how  do  you  get  bait;  what  do  you  do? — A.  I  shall  Iwvef 
tell  you  what  we  have  done  this  year  when  denied  that  privilege. 
ha.ve  had  five  vessels  down  there  at  Grand  Banks  fishing  in  the  y« 
1886,  and  with  one  exception  they  have  not  taken  any  bait  on  tlielfofl 


AMERICAN   FISHERY   INTERESTS. 


7G9 


Scotia  slioir.  All  tLeir  bait  was  taken  here  in  March  and  April.  They 
Diailo  their  trip  to  the  Western  Banks  and  then  (janio  home  and  went  to 
Fortune  Hay  and  St.  Pierre,  Newfoundland,  and  took  their  bait  there 
once  or  twice,  and  went  to  the  Grand  Banks.  They  have  all  of  them 
miide  from  one  to  three  trips  each,  and  witli>the"one  exception  1  have 
i  nientioued  have  not  taken  bait  upon  the  Nova  Scotia  shore. 

Q.  IIow  did  the  catch  of  the  vessels  that  carried  their  bait  from  here 
I  compare  with  the  one  that  got  bait  on  the  coast  i — A.  They  got  as  many 
jfisiijifuotuiore. 

Q,  But  I  suppose  it  is  a  saving  of  time  in  going  to  the  shore  if  they 
[can buy  bait? — A.  Yes,  sir. 

Q,  Taking  the  cod-fishery,  then,  what,  in  your  opinion,  is  the  value 
[to  tlie  American  fishing  interest  of  the  right  to  get  bait  on  British 
Isliores!— A.  Nothing  whatever. 

Q.  You  would  not  care  anything  about  it  1 — A.  No,  sir ;  I  do  not 

liiuli  tliere  is  anything,  any  privilege  whatever,  that  they  could  give  us 
lor  deny  us  for  which  we  would  be  willing  to  admit  their  fish  free  into 
lourmarkets. 

MACKEREL  FISHERY. 

■ 

Q.  Now  we  come  to  the  mackerel  fishery ;  have  your  vessels  been  up 
into  what  we  call  British  waters  for  mackerel  during  the  last  ten 

Ijears?— A.  Yes,  sir. 
Q,  Where  hive  those  mackerel  been  caught? — A.  They  have  been 

Imght  mostly  on  this  shore. 

By  Senator  Frye  : 

Q.  The  American  shore  ? — A.  The  American  shore. 

By  Senator  Edmunds  : 

Q.  I  am  speaking  of  those  that  have  gone  into  what  we  call  British 
MtiK,  Where  have  the  fish  been  caught  down  there? — A.  Mostly 
|ilioii  this  shore,  except  this  present  season ;  the  largest  part  of  the 
atdi  has  been  on  this  shore. 

THREE-MILE  LIMIT. 

Stnator  Frye.  You  did  not  understand  the  iiuestion  exactly.    The 
iairiuau  asked  you  what  proportion  of  the  mackerel  you  captured  in 
British  waters  were  captured  outside  of  the  three-mile  shore  line,  and 
hat  proportion  inside  of  the  three-mile  shore  line. 
I  Tlie  Witness.  None  whatever  have  been  caught  within  the  three 

I  to  my  knowledge. 
IQ.  (By  Senator  Edmunds.)  During  any  of  the  time? — A.  No,  sir. 
IQ.  The  best  place  to  get  them  is  more  than  three  miles  off  shore  ? — A. 

MACKEREL  CATCH. 

Icaa  State  here  in  round  figures,  if  they  will  be  useful  to  you,  that 
Jly  four  per  cent,  of  the  total  catch  of  mackerel  in  the  last  5  years  has 
^a  talieu  in  British  waters,  when  we  had  the  privilege  to  fish  any- 
N  we  pleased.  The  catch  in  British  waters  amounted  to  75,000 
ftrels,  and  the  total  catch  amounted  to  1,800,000  barrels. 

THREE-MILE  LIMIT. 

IQ.  Taking  the  75,000  barrels,  how  many  of  those  barrels,  according 
ijour  int'ornuition,  were  caught  within  three  miles  of  the  British 
fr6t— A.  1  should  not  think  over  8  per  cent,     - 
S.  Vjx.  11.'} 49 


770 


AMERICAN   FISHERY    INTERESTS. 


Q.  How  far  is  it  uecesHary  for  your  vessels,  that  go  to  the  Bay  to  figh 
for  inr  ckerel,  to  enter  UritisU  waters  within  the  three-mila  shore  linol—A, 
I  should  not  think  there  was  any  necessity  of  them  going  within  5  miles 
and  from  that  to  10  and  15  miles.  ' 

Q.  I  mean  for  any  pur[)ose1 — A.  Not  for  any  purpose  really,  accord 
ing  to  mj  ex[ierience,  only  for  shelter  and  water. 

FUEL,  SHELTER,  AND  WATER. 


Our  vessels  are  well  provided,  as  a  general  thing,  with  fuel,  and  itig 
only  necessary  to  go  in  for  water  and  shelter,  and  we  do  uot  require] 
shelter  in  the  Bay  of  Chaleur  anywhere  until  late  in  the  season.  In  I 
June  and  July  they  do  not  require  that,  even,  and  it  is  only  occasioDaliy  j 
that  they  would  have  to  go  in  for  water. 


FREsn  Fisn. 


Q.  Do  you  bring  catches  of  fresh  mackerel  from  the  Bay?— A.  Noj 
sir. 

Q.  It  is  too  far  for  sailing  vessels  I — A.  Too  far. 

Q.  So  that  you  would  have  no  occasion  to  go  ashore  for  ice  f-4 
None. 

HALIBUT  FISHERY. 

Q.  In  your  halibut  fishery  you  carry  the  ice  out  from  here  always,  do| 
you  not  ? — ^A.  Yes,  sir. 

Q.  And  stand  right  straight  off  for  the  halibut-fishing  ground  !-4 
Yes,  sir.    We  take  from  25  to  40  tons  to  a  vessel. 

LANDING  PRIVILEGES. 

Q.  Taking  the  cod-fishery,  the  mackerel  fishery,  and  the  whole  thiiiJ 
together,  how  far  do  you  regard  as  of  any  practical  value  to  America! 
fishing  interests  the  right  to  go  ashore  or  inside  the  threeniile  limitj 
except  for  shelter  and  for  fresh  water  ? — A.  I  should  not  thiuii  it  wa 
of  any  value  whatever. 

Q.  You  would  not  consider,  then,  that  you  would  make  any  niorj 
money  in  your  business,  or  that  your  fishermen  would  make  any  moij 
in  theirs — which  is  the  same  thing — if  Canada  were  voluntarily  to  m 
you  the  free  right  to  fish  offshore  and  return  as  often  as  you  wished  t-j 
A.  No,  sir ;  only  it  might  be  a  convenience. 

Q.  But,  of  course,  all  the  time  your  vessels  were  in  port  they  wou 
not  be  getting  fish  ? — A.  That  is  true. 

NATIONALITY  OF  FISHER]yrEN. 

Q.  What  proportion  of  your  men,  taking  It  for  10  years  togetli«| 
are  American  citizens'? — A.  I  should  think  about  two-thirds. 

Q.  Those  men  have  their  residence  here  or  in  this  neighborhood,  | 
somewhere  along  the  American  coast,  I  suppose  f — A.  Yes,  sir. 
■     Q.  Their  families  and  children,  of  course,  have  all  the  benefits  | 
your  schools  and  everything  of  that  kind  ? — A.  Yes,  sir. 

EFFECT  OF  DUTY  ON  PRICES. 

Q.  Do  you  know  anything  as  to  how  the  imposition  of  the  duty,j 
the  Ist  of  July,  on  Canadian  salt  fish  affected  the  price  here?— A.j 
did  not  affect  it  at  all. 


AMERICAN   FISIIEHY   INTERESTS. 


771 


Q.  The  in'ices  were  not  any  higher  as  a  result? — A.  No,  sir. 

Q,  Nobody  niised  his  i)rice8  ou  aucouut  of  the  change  of  duty  in  any 

[jy  that  you  know  of! — A.  No,  sir. 

WHOLESALE  AND  RETAIL  PRICES  COMPARED. 

Q.  Do  you  know  anything  on  the  subject  of  how  the  wholesale  prices 
,  ji,  as  tboy  are  8hii)i)ed  from  this  market  or  bought  from  the  flsher- 
Ien,wbcrever  they  are  sold  to  dealers,  compare  with  the  retail  prices 
J  tiie  various  places  where  they  are  sold  to  the  consumers  t — A.  I 
iottld  tbink  the  cost  to  the  consumers  would  be  four  times  as  much 
3  the  original  cost. 

I Q.  Do  you  know  whether  the  retail  prices  of  fish,  in  the  sense  I  am 
iking  about  now,  to  the  people  who  eat  them,  vary  up  and  dowu 
^tb  the  wbolesale  prices? — A.  I  don't  think  they  do. 
Q.  The  retail  prices  are  only  affected,  if  at  all,  remotely  and  gradu- 
al suppose  1 — A.  Yes,  sir.  To  give  you  an  illustration :  Our  vessels 
Lly  tbo  Boston  market  with  haddock.  We  have  sold  them  at  30  to 
(cents  a  bundred,  and  yet  'je  retail  price  is  G  to  8  cents  a  pound.  Oc- 
i8ionally,wben  the  market  is  not  supplied  quite  rapidly  enough,  the 
rceto  us  runs  up  to  2,  2 J,  and  3  cents  a  pound,  but  3  cents  a  pound 
fa  very  large  price  for  us  as  producers,  and  they  rarely  reach  that 
rice  to' tbo  producer. 

HADDOCK  AND  COD. 

Iq,  Are  haddock  caught  in  the  same  places  as  cod? — A.  Yes,  sir. 
|Q.  They  school  together,  and  haddock  are  caught  at  one  haul  and 
1  at  another? — A.  No,  sir;  they  generally  catch  ha^ldock  at  a  drift 

ftwwls. 

BAIT. 

[Senator  Edmunds.  You  can  make  any  statement  you  desire. 
Ilbe  Witness.  I  would  like  to  state  that  our  vessels  that  have  pur- 
cur  inshore  or  Georges  fishing  have  produced  more  fish  than 
nal,  and  not  one  of  those  vessels  has  bought  any  fresh  bait  what- 
Jerintbo  Provinces;  all  their  bait  has  been  taken  upon  our  own 
merican  coast. 

DIMINUTION  OF  FISH  SUPPLY. 

|Q.  I  wish  you  would  state,  as  far  as  you  know  or  understand  it, 
letber  it  is  the  experience  or  opinion  of  fishermen  that  the  quantity 
[fish  on  Georges  Banks  has  increased  or  diminished.  I  do  not  mean 
(year  rather  than  aoother,  but  taking  it  for,  say,  20  years.  lias  the 
jpply  kept  up,  or  has  the  continual  catching  decreased  the  stock  on 
81(11  I  know  the  number  varies  from  year  to  year  more  or  less,  but 
felt  for  a  long  period  of  years  together. — ^A.  I  think  during  the  last 
jor  20  years  they  have  diminished. 
"  It  takes  longer  to  make  a  fare  ? — A.  Yes,  sir. 

Is  tbo  same  true  of  the  Grand  Bank  and  Western  Bank  ? — A.  I 
Bknotas  to  the  Western  Bank ;  it  might  be,  but  the  Grand  Bank 
|»liat  we  call  inexhaustible.    It  seems  to  be  considered  that  that  is 
latTC  shall  have  to  rely  upon  in  future  for  our  codfish. 

MACKEREL  FISHERY  IN  BRITISH  WATERS  FOR  1885. 

ienatorFEYE.  I  want  to  ask  Mr.  Steele  a  question  about  the  mackerel 
^ry  of  last  year  in  the  British  waters,  and  as  to  where  the  fish  were 

I'i'l  in  those  waters. 


■■.*i 

1 


1 


772 


AMERICAN    FlUUERY   INTERESTS. 


Tho  Witness.  During  only  u  small  i)art  of  the  season,  wLile  th*. 
Auericau  fleet  bus  been  in  tbe  North  Bay,  or  waters  off  tlio  provinciail 
shore,  have  mackerel  been  found  in  any  abundance,  bnt,  Ibrtunatt Ivj 
when  found,  were  10  to  20  miles  from  shore.    Nearly  all  the  pastNeasoii 
the  native  shore-lishermen  have  been  unable  to  take  but  very  iVf 
mackerel,  tho  flsh  keeping  wide  out  from  shore,  beyond  tho  reach  o^ 
their  small  boats.    The  total  catch  Miis  year  by  tho  proviucial  flslierJ 
men  will  be  found  to  bo  one  of  the  smallest  ft>-  many  years,  ho  miidi  J 
that  during  the  middle  of  the  season  at  most  of  the  fishing  statiooj 
they  gave  up  the  catch  entirely,  but  later  on,  as  prices  advuuced  M 
were  stimulated  to  make  further  exertions,  because  for  a  short  tiiai 
mackerel  drew  in  Lear  the  shore,  saving  them  from  what  would  have  \wti 
a  very  disastrous  season.    These  facts  are  well  known  by  all  iiiterefitei 
in  the  business,  and  can  easily  be  proven  if  necessary. 

This  season,  up  to  the  present  time,  adds  still  another  year  to  th 
manj' past  showing  that  tho  inshore  fisheries  of  the  Provinces  are  c 
no  value  to  American  fishermen. 


mUAL    LOSS 


COMPAl  ATIV] 


QUANTITY  OP  MAOKEEEL  TAKEN  IN  THE    PAST    TIVE  YEAES, 

Senator  Feye.  State  as  to  tho  amount  of  fish  taken  tho  past  fi^ 
years. 
The  Witness.  This  table  will  show  that : 


Tear. 


1881 

188SS 

1883 

1884 

1885 

Total 


Total  catch. 


Barrelt. 
301,657 
SlH,  8t)3 
220,085 
470,  (IIH 
378, 515 


1,861.7^8 


Cttchofp 
viocialilwii 


BarrAi.  i 


These  figures  show  that  only  about  4  per  cent,  of  the  ajjj^regatecad 
were  caught  in  provincial  waters  in  the  last  five  years,  during  wh 
time  American  fishermen  had  the  i)rivilego  to  flsh  anywhere. 

''■■■'-'    -.-'V  ■<-=:>'■  INSURANCE.   ^      '-^"•'•'■'       " 

By  Senator  Feye  ; 

Q.  You  stated  that  you  were  president  of  an  insurance  coinpaiiy| 
A.  Yes,  sir. 

Q.  Are  you  president  of  a  mutual  insurance  company  here  ?— A. 
sir. 

Q.  The  bulk  of  your  insurance  is  of  what  nature !— A.  On  flsh 
vessels. 
.;  Q.  Stock,  or  mutual  company? — A.  Mutual. 

Q.  What  is  the  average  cost  of  insurance  for  those  fishing  vessdsj 
nually  ? — A.  I  should  say  annually  about  9  to  10  per  cent. 

Q.  Nine  to  10  per  cent,  of  the  full  value  of  the  vessel  ?— A.  Well,] 
as  valued  by  the  directors. 

Q.  About  what  are  your  annual  losses  here  in  fishing  vessels H 
The  losses  to  our  Gloucester  Mutual,  I  should  think,  would  ave^ 
somewhere  in  the  vicinity  of  about  7  or  8  per  cent. 


AMERICAN   FISHERY   INTERESTS. 


773 


iSNUAL    LOSSIW    OF 


VESSELS  AND  MEN 
FLEET. 


FROM  TUE  OLOUCESTKE 


Q.  How  many  fishing  vcsselft  on  the  average  are  lost  here  every  year  t — 
I  A.  I  should  8iiy  10  to  15. 
Q,  IIow  many  of  the  inon  are  lost  annuaily  ? — A.  From  all  causes  100 

I  to  150. 

COMPAI  VTIVE  COST  OF  UNITED  STATES  AND  CANADIAN   VESSELS. 

I  Q,  Will  you  give  a  statement  showing  the  comparative  cost  of  a  lish- 
liD" vessel  as  between  the  United  States  and  Canada! — A.  A  United 
Isiates  flslierman,  a  hundred-ton  schooner,  would  cost  about  $80  per  ton. 
lANovii  Scotia  vessel,  I  should  say,  would  cost  about  $4v/  a  ton. 

Interest  on  the  $8,000  capital  invested  in  the  United  States  vessel, 
jfliicli  I  sliould  call  a  fair  average  for  vessels,  would  be  $480. 

Insiuauco  on  the  same,  at  10  per  cent.,  would  be  about,  I  should  say, 

\m. 

Insurance  on  the  outfit,  at  10  per  cent.,  would  be  $180. 

Deterioration  marked  off  from  our  new  vessels  would  bo  considered 

fceBcrally  about  15  per  cent. ;  the  percentage  is  larger  on  fishing  vessels 

|tlian  oil  the  coasting  vessels  ;  they  depreciate  and  deteriorate  very  ra])- 
aiv.  That  I  should  call  aL  jut  15  per  cent.;  15  per  cent,  of  $8,000 

^oiild  be  $1,200. 

Taxes  on  the  capital  of  au  $8,000  vessel  here  in  Gloucester  at  about 
!|)ercent.;  what  I  call  city  taxes  amount  to  about  $100. 
The  outfits  would  be  about  $1,800  on  an  average.    1  would  state  here 

Ihat  our  vessel  outfits  are  all  the  way  from  $700  to  $2,500,  and  average 
out $1,800.    Two  per  cent,  of  that  would  be  $30. 
Duties,  direct  and  indirect,  upon  vessels,  outfit,  clothing,  andprovis- 
[dds,  I  should  say  about  30  per  cent.    Fishermen  all  wear  woolen  clothes, 
aid  it  is  a  pretty  heavy  tax  upon  all. 

1  Asuear  as  I  can  reckon,  these  items  amount  to  about  30  per  cent,  on 
lie  whole. 

j  Now,  as  to  provincial  vessels :  , 

Interest  on  their  capital  would  be  $240  a  year.  V; 

j  Interest  upon  outfits  and  insurance  about  $400. 
I  Deterioriation  only  about,  I  should  say,  10  per  cent.  I  don't  think 
pose  vessels,  as  a  general  thing,  deteriorate  so  much  as  ours,  on  ac- 
mt  of  the  lateness  of  the  season  when  they  start,  and  they  do  not  fish 
ilateiu  the  year;  they  might  fish  from  five  to  seven  months,  where 
[e  take  from  ten  to  twelve.  So  that  the  deterioration  is  more  rapid  on 
V  vessels. 

I  Duties,  indirect  and  direct,  as  above,  upon  English  vessels,  none,  with 
p  exception  of  spirits.  .  .  ,       • 

[Taxes,  none.  "  . 

BOUNTY.  "a 

[Q.  Besides  that,  do  they  pay  a  bounty  to  their  fishermen? — A.  Yes, 
■  I  may  be  mistaken,  but  I  think  in  round  numbers  it  amounts  to 
It";  ?U,0OO,OOO.    I  forget  the  amount,  but  I  know  it  is  a  large  amount. 

EFFECT  OF  TREATY  OF  1854. 

U  During  the  pendency  of  the  treaty  of  1854  what  effect  did  it  have 

>  the  American  fishery  fleet  ?— A.  We  did  not  feel  the  effect  of  that 

Pptocity  as  much  as  we  did  of  the  recent  treaty,  first,  on  account  of 


774 


AMERICAN   FISHERY   INTERESTS. 


there  not  being  the  vessels  in  the  business  at  the  ooniincnci'incritoltli;! 
treaty;  and  then,  as  tlio  Hetiator  has  just  su;;^e.st(Ml,  wti  luul  a  hoiintf 
which  expired,  it'  1  remember,  in  18(»({,  of  nearly  half  a  million 
paid  to  the  fishing  interests,  of  whicli  Gloucester  received  prdlnlii 
uomething  like  $130,U00  to  $150,000. 

I  INSHORE  FISHERY. 

I 

Then,  if  you  will  remember,  in  the  year  1800 — I  want  to  say  a  litt| 
in  regard  to  the  valuation  of  the  inshore  fishery — they  Kimrg'ed  iis  i 
cents  per  ton  as  license  for  the  privilege  of  fishing  within  the  three  i 
Then  we  had  some  three  hundred  and  odd  licenses.    In  1808  tlm  Wmi 
was  carried  up  to  $1  a  ton.    Then  the  luimber  of  licenses  wasrcdiim 
and  came  down  to  150  sail  that  availed  themselves  of  that  privilege. 
1809,  when  the  license  went  up  to  $2  a  ton,  it  wasabuost  proliiliitur 
There  were  only  about  13  vessels  took  that  license. 

I  CANADIAN  LICENSES  TO  FISH. 

I 

Q.  That  was  the  Canadian  license  for  fishing  in  their  waters  H 
Yes.  I  only  state  this  to  show  the  little  value  we  put  upon  thatiiishq 
fishing  in  those  3  or  4  years  up  to  1870,  with  the  $2  proliibitorylieeni 
They  would  not  pay  that  amount  for  that  privilege;  th(\v  didn't  tliij 
it  worth  it.    The  number  of  licenses  had  dwindled  down  lioiii  300tol| 

EFFECT  OP  THE  TREATY  OF   1854. 

As  far  as  the  treaty  was  concerned  we  did  not  feel  tliodisadvanfag 
at  first,  because  at  flrdt  we  had  a  bounty,  as  I  say,  and  then  the  Eiigl^ 
fleet  was  very  small  indeed.    But  they  were  afterwards  stimulatcil. 

TREATY  OF  1870-'71. 

'  Q.  Now  come  to  the  other  treaty. — A.  After  the  other  treaty  of  1^ 
of  course  they  increased  rapidly.  They  are  almost  fourfold  I  mil! 
say,  while  we  have  really  diminished. 

i  By  Senator  Saulsbury  : 

Q.  Have  you  diminished  in  tonnage  as  well  as  the  number  of  vessel 
— A.  I  should  think  we  have  diminished  more  in  number  than  iu 
nage,  because  our  vessels  have  been  built  on  a  larger  scale ;  but! 
course  I  have  not  those  statistics  and  have  only  general  knowledge.j 

By  Senator  Frye  : 
!  Q.  Was  your  actual  increase  in  tonnage  the  last  C  or  8  years  at  a 
proportion  to  the  increase  in  the  demand  for  fish  product?— A.  No,j 
Q.  Suppose  you  had  supplied  the  American  market  the  last  10  ye 
how  much  larger  would  the  fleet  be  than  it  is  to-day  I — A.  I  should  t"^ 
it  would  be  one-third  larger.  I  think  we  have  the  facilities  on  I 
coast  and  in  our  harbors  to  take  all  the  fish  that  the  people  of] 
United  States  want,  even  if  our  population  amounted  to  100,000,^ 
if  we  could  only  have  the  demand  for  the  catch. 

GRAND  BANKS  INEXHAUSTIBLE. 

Q.  In  your  judgment  would  the  price  of  fish  be  increased  to  tbe| 
sumert— A.  I  think  not.    It  is  well  said  that  when  the  New  Eng^ 

I 


AMERICAN   FISHERY   INTERESTS. 


77r. 


liiilieniH'ii  Rot  on  to  any  liaiik  it  is  only  i  <|ueHtion  of  tinio  v\  Iumi  tlu^y 
willcl(>»n  np  that  Hank  of  lisii,  oxucpt  one  Jtank  ;  an  I  naid  before,  the 
Grond  Jiank  Hueins  inexlianHtibht. 

FREE  FISn. 

Q.  What,  in  yourjndfjinont,  lias  been  the  effect  of  allowinfj  fresh  ilsh 
locoineia  free  for  general  market  nnchir  this  clause  of  the  tariff,  ''  Fish, 
fresh,  for  immediate  consumption  "  1 — A.  1  tiiink  it  has  been  a  detriu.^int 
tou8.  I  think  they  ought  not  to  come  in  free.  1  think  the  fresh-Ush 
bnsineHH  is  going  to  bo  the  largest  part  of  the  business  within  tw(^nty 
years.  What  with  the  refrigerator  store-houses  and  cars,  taking  them 
allovor  tiio  country  as  they  do,  J  think  the  time  is  coming  when  fresh 
fish  will  take  precedence  of  salt  fish,  because,  aa  a  general  thing,  peo- 
ple like  to  eat  fresh  lish  in  the  room  of  salt  if  they  can  get  them  in  good 
order. 

FRESH  HALIBUT  ON  ICE. 

Q.  We  saw  this  morning  a  cargo  of  h.ilibut  being  landed  at  your 
wharves;  how  long  had  those  halibut  probably  been  on  that  vessel  t — 
A.  Probably  a  fortnight  or  three  weeks. 

Q.  Were  they  in  good  condition  as  they  wore  landed! — A.  1  should 
say  thai  they  were ;  yes. 

Q.  And  they  had  been  kept  in  ice  ? — A.  Yes,  sir. 

Q.  Keeping  them  in  ice  is  a  new  thing,  is  it  nott — A.  Yes,  sir. 

Q.  After  those  flsh  were  landed  they  were  boxed  in  ice  f — A.  Yes,  sir. 

Q.  For  what  market  f — A.  Principally  for  Boston  and  New  York. 

Q.  When  they  arrive  in  New  York  and  Boston,  what  is  done  with 
them  t— A.  They  are  distributed  all  over  the  country  to  the  consumers. 

Q.  In  refrigerator  cars  ? — A.  Yes,  sir. 

Q.  And  preserved  in  refrigerators  in  the  market?— A.  Yes,  sir. 

Q.  For  how  long  may  those  fish  be  kept  in  good  condition  ?— A.  An 
imli'iiiiite  period,  I  should  say ;  as  long  as  they  can  be  kept  frozen, 
whether  one  year,  or  two,  or  three.  <<     >  ?■>  i  i  ; 

•     By  Senator  Edmunds: 

Q.  They  are  frozen  at  New  York  and  Boston? — A.  Yea,  sir;  they 
a  refrigerating  store-house  in  Boston  where  they  are  frozen,  and  re- 
main, I  think,  an  indefinite  period.  J  !' 

SMOKED  HALIBUT. 

By  Senator  Feye: 

Q.  Suppose  this  cargo  of  halibut  which  was  being  landed  Iiere  this 
morning  shoidd  be  boxed  and  sent  to  New  York,  is  there  anj  thing  to 
prevent  the  smoking  of  all  those  halibut  ? — A.  No,  sir. 

Q.  Is  there  any  way  in  which  your  collector  here  could  follow  those 
halibut  and  see  that  they  were  not  cured  ? — A.  I  think  not. 

Q.  So  that  those  fresh  fish  which  are  brought  in  frozen  may,  without 
any  difficnlty  at  all,  be  transported  elsewhere  and  cured  ? — A.  Yes,  sir. 

Q.  tlow  long  have  the  various  methods  of  freezing  fish  and  having 
^efrige^ator8  on  card  and  on  fishing  vessels  been  in  existence  ?— A.  For 
ten  or  fifteen  years  in  connection  with  fresh  halibut,  I  should  think. 

By  Senator  Saulsbuby  : 
Q.  Do  you  know  whether,  as  a  matter  of  fact,  those  flsh  that  are  sent . 
to  New  York  and  Boston  in  ice  are  subsequently  smoked  and  put  on 
Remarket  as  dried  and  salt  flsh  ?— A.  I  could  not  say. 


776 


AMERICAN   FISHERY   INTERESTS. 


By  Seuator  Fa  ye  : 
Q.  I  suppose,  as  a  matter  of  fact,  many  of  these  halibut  that  come  in 
fresh — the  ■^ray  halibut  or  gray  parts  of  halibut — are  subsequently 
smoked  f — A.  Yes,  sir.    I  will  say  that  these  halibut  that  come  in  liere 
are  smoked  right  here,  and  of  course  It  could  be  done  other  places  as  | 
well,  if  they  wished. 

By  Senator  Edmunds  : 

Q.  Why  are  they  smoked  here  ? — A.  Because  they  make  a  business  j 
of  smoking  them  here. 

Q.  Out  of  that  cargo  of,  say,  24,000  or  2.').000  pounds,  how  many  I 
would  be  smoked  ?  Would  it  depend  on  the  market  in  New  York !— A.  I 
1  think  it  depends  on  the  market  in  New  York  and  Boston,  Wheutbev  I 
run  low,  as  a  general  thing,  they  go  to  the  cutters,  and  are  cut  up  and  j 
made  smoked  halibut  of. 

Q.  So  that  these  people  whom  we  saw  have  these  halibut  this  morn- 
iug,  if  they  found  that  they  could  not  get  a  profit  in  New  York  and] 
Boston,  would  cut  them  up? — ^A.  Yes^  sir.    They  have  a  regular  agree-] 
meet  with  cutters  to  take  so  many  all  the  time  when  they  are  not  market- j 
able,  and  that  depends  on  the  condition  of  the  fish. 

SMOKING  ESTABLISHMENTS  AT  GLOUCESTER. 

Q.  If  I  understand  you,  that  smoking-establislinient  is  here  atGlon-j 
cester? — A.  There  are  some  two  or  three  establishnients  here. 

Q.  How  extensive  are  those  smoking-works  ? — A.  Quite  extensive.} 
They  smoke  millions  of  pounds  every  year.  The  vessels  go  out  to  Fleni- ] 
ish  (Jap,  two-thirds  across  tiie  Atlantic,  and  the  halibut  they  get  areaEj 
salted  and  cut  up  on  board  the  vessel ;  they  then  come  liere,  and  ofj 
course  are  only  suitable  for  smoking. 

Senator  Fbye.  They  pay  duty. 

Senator  FiDMUNDS.  They  come  in  American  vessels.  . 

By  Senator  Frye  : 
Q.  If  they  came  in  Canadian  vessels  now  they  would  not  pay  any  dirty  I  j 
— A.  1^0 ;  they  can  be  packed  in  ice,  and  also  preserved  by  smoking 

DUTIES  UPON  ARTICLES  ENTEEING  INTO  THE  CONSTRUCTION  OF  VES-| 

SELS. 

I  heard  the  Senator  speak  in  regard  to  what  duties  we  are  paying.! 
I  think  I  can  give  you  a  little  information  in  regard  to  the  constructioaj 
of  our  vessels. 

Senator  Edmunds.  State  it,  if  you  wish  to. 

The  Witness.  The  duty  on  cables  and  cordage  is  about  20  to  25  pe^ 
cent. 

CABLES  AND   CORDAGE. 

By  Senator  Edmunds  : 
Q.  Are  the  cables  and  cordage  you  use  imported  ? — A.  No,  sir;  tliejj 
are  manufactured  in  this  country,  but  the  tax  I  speak  of  is  the  tax  oij 
the  raw  material,  what  we  call  raw  manila  hemp  or  manila  gra" 
as  it  is  sometimes  called.  There  is  no  vessel  sails  that  uses  so  manj 
pounds  as  fishermen,  on  account  of  their  300  to  900  fathoms  of  9  iucB 
cable,  which  weighs  a  good  many  thousands  pounds.  In  fitting  oat^ 
vessel  they  will  ut>e  6,500  to  8,500  pounds  of  that  manila,  which  w  i 
very  heavy  tax. 


AMERICAN    FISHERY   INTERESTS. 


777 


Q.  Do  you  know  if  that  duty  that  is  paid  ou  tlio  raw  material  wrre 
taken  off  the  purchaser  whether  the  cordage  would  cost  auy  lejsT  Is 
that  clear  to  your  mind  ?— A.  We^I,  I  don't  know.    Of  course  it  is  a 

1  nnestion.  Combinations  are  very  strong  in  New  York  with  ui:"i  money 
poffer,  and  I  think  to-day  manila  is  two  or  three  cents  higher  than  it 
costs  to  manufacture  it  on  account  of  the  ring.  Whether  they  could 
snstain  that  or  not  with  the  duty  off,  I  don't  know.  But  really  we  are 
in  the  hands  to-day  of,  oay,  four  men,  who  control  the  whole  importation 

I  of  manila  grass. 
Q,  Youknowthe  experience  in  takingoffthe  duty  from  tea  and  coffee? — 

I  A.  I  don't  think  we  should  feel  any  benefit  to  take  it  off. 

DUTV  TAKEN   OFF  BY  aniPPING  ACT. 

By  Senator  Frye  : 

Q.  Do  you  know,  as  a  matter  of  fact,  that  the  duty  was  all  taken  off 
I  to  fishermen,  in  what  was  known  as  our  shipping  bill,  at  the  last  session 
I  of  Congress? 

The  Witness.  Was  it  f 

Senator  Frye.  Yes ;  that  is  to  say,  under  the  law  passed  last  winter 
la  fishing  vessel  now  has  all  the  benefits  which  were  giv^en  to  our  ships 
|bnilt  for  foreign  trade. 

The  Witness.  Do  I  understand  you  that  there  is  no  duty  paid  upon 
[any  manila  we  now  use  upon  vessels  ? 

Senator  Frye.  I  do  not  know  whether  it  would  include  manila.  A 
lilrawback  is  allowed. 

The  Witness.  We  have  never  had  any  drawback  here. 

Senator  Frye.  Then  the  law  has  not  been  enforced. 

The  Witness.  It  takes  effect  some  time  in  the  future. 

Senator  Frye.  I  know  I  had  a  provision  put  in  the  bill  in  the  Senate 
[fliich  extended  to  fishermen  all  the  privileges  allowed  to  vessels  built  for 

;  foreign  trade,  so  that  your  vessels  have  the  same  privileges  that  are 
[lUowed  to  vessels  engaged  in  foreign  trade. 

Senator  Edmunds.  Does  that  apply  to  the  manila  brought  in  for 

Brdage? 

Senator  Frye.  That  would  be  American  cordage. 

Senator  Edmunds.  Undoubtedly,  if  he  bought  his  cordage  in  Lor.don 

le  would  find  he  could  not  get  it  an,r  cheaper. 

ANCHORS  AND  CHAINS. 

The  Witness.  If  we  wanted  chains  to-day  for  the  vessel  vre  would 
|ave  to  pay  duty,  but  if  the  vessel  should  go  into  Halifax  and  buy  them- 
ponld  save  the  duty. 

Senator  Edmunds.  How  much  would  it  savet 

The  Witness.  A  cent  or  a  cent  and  a  half  a  pound^  not  over  2  cents; 
k  a  saving  of  1  to  2  cents  a  pound  on  chains  is  quite  an  item.  So  it 
pld  be  on  anchors  or  any  iron  in  the  construction  or  running  of  a 
filing  vessel. 

RUSSIAN  BOLT  ROPE. 

U  would  say  now  that  there  is  a  duty  on  Eussia  bolt  rope  of  3  cents  a 
pud  oa  tiie  manufactured  article,  because  we  can't  manufacture  it  in 
peountry  on  account  of  not  having  the  Itussia  tar,  ^hich  makes  it  so 
fppleand  pUable;  that  quality  is  given  to  it  by  the  tar  that  they  uso 


778 


AMERICAN  USHERY   INTERESTS. 


Pisn-nooKS. 

I  heard  some  gentleman  ask  this  morning  about  books.  There  is  ai 
duty  of  45  per  oeat.  on  hooka  manufactured  in  a  foreign  country,  and! 
yet  they  won't  allow  you  to  import  steel,  from  which  hooks  are  niiide  1 
without  paying  a  duty  of  60  per  cent.  I  dor't  know  why  it  is.  AViivf 
should  there  be  a  duty  of  45  per  cent,  on  the  manufactured  article,  ml\ 
60  per  cent,  on  the  raw  material*?  We  could  compete  in  this  country! 
in  the  manufacture  offish-hooks  if  we  only  had  that  raw  material  cheapen 

By  Senator  Edmunds: 

Q.  Are  the  American  hooks  made  from  imj)orted  steel  ?— A.  Not 
much  now  as  they  used  to  be;  the  duty  is  to  high. 

Q.  Is  there  any  diflicalty  in  manufacturing  American  steel  that  'd 
good  for  fish-hooks? — A.  They  do  not  ocem  to  prove  ?o  good  asageoJ 
eral  thing.  No  hook  that  we  can  get  ia  equal  to  the  imported  Scotcif 
hook. 

Q.  That  is  on  account  of  the  Scotch  wire,  I  suppose  ?-rA.  Onacconnj 
of  the  Scotch  wire. 

WIRE  ROPE. 

By  Senator  Saulsbury  : 

Q,  What  articles  are  there  entering  into  the  construction  and  eqni| 
meut  of  one  of  your  fishing  vessels  which  have  to  pay  duty,  hesidescon 
age,  iron,  &c.  ? — A.  I  have  spoken,  of  course,  of  the  anchors  and  chaind 
then  there  is  wire  rope,  on  which  there  is  a  duty  of  sometliiug  like  45^ 
78  per  cent. 

Q.  Do  you  use  much  of  that? — A.  We  are  using  more  and  more  fij 
the  standing  rigging  of  the  vessel,  and  we  are  trying  it  as  an  expon 
ment  for  cables. 

Q.  And  there  is  a  duty  on  the  raw  material  that  enters  into  yo^ 
cordage  ? — A .  Yes,  sir. 

Q.  Now,  if  those  duties  y^ere  taken  off  of  the  manila  and  other  tiling 
ought  you  not  to  be  able  to  buy  those  things  cheaper  in  this  maria 
than  now  ? — A.  Yes ;  I  should  say  of  course  there  would  be  a  gn 
saving. 

DUTIES  ON  ARTICLES  OF  CONSTRUCTION  AND  OUTFIT. 

Q.  Gan  you  form  an  estimate  of  the  amount  of  duties  paid  upon 
vessel,  say  of  100  tons,  upon  the  material  entering  into  her  constn 
tion  and  outfit? — A.  I  should  say,  to  the  best  of  my  judgment,  itwo^ 
be  30  to  35  per  cent. 

By  Senator  Edmunds: 
Q.  That  is,  if  the  whole  duty  is  charged  to  the  person  who  puts  itj 
the  ship? — A.  Yes,  sir. 
Q.  And  whether  it  is  or  not  is  the  question? — A.  That  is  it. 

RATIO  OF  MARRIED  TO  UNMARRIED  FISHERMEN. 

By  Senator  Saulsbury: 
Q.  Some  inquiry  has  been  made  about  the  number  of  fjslicrinen.j 
would  like  to  ascertain,  as  a  matter  of  information,  about  the  ii'iml 
of  men  engaged  in  fishing,  as  to  whether  they  are  men  usually  of  M 
lies,  or  whether  a  large  proportion  are  single  men? — A.  A  large pnj 
tion  of  them  are  single  men,  young  men,  on  account  of  the  hazaro* 


AMERICAN  FISHERY   INTERESTS. 


779 


cbaracter  of  the  business.  A  younger  class  cf  men  go  in  the  fresb-fish 
.ImsinosH  than  in  other  kinds  of  fishing,  as  a  general  thing.  They  are 
obliged  to  go  over  the  rail  and  get  into  a  boat  and  go  out,  and  after  a 
man  gets  to  be  over  35  he  wants  to  remain  aboard  and  fish  from  the  ves- 
sel. So,  as  a  general  thing,  where  they  have  to  leave  the  vessel  to  pur- 
sue tUo  fish^  whether  mackerel  or  trawling,  they  generally  have  younger 
men. 

Q.  What  proportion  of  your  fishermen  do  you  suppose  are  over  forty 
years  of  age  1 — A.  I  should  think  about  one-third.  If  you  noriced  the 
vessels  wo  passed  this  morning  you  saw  what  young-looking  men  they 
were,  from  eighteen  to  twenty-two,  I  should  think.  The  best  class  of 
men  that  we  have  for  fishing,  I  think,  as  a  whole,  are  employed  in  our 
mackcel  catchers,  and  the  next  grade  I  should  say  would  be  in  the 
freshlialibut  business,  or  in  the  fresh-fish  business  anyway;  itis  aquicker 
business. 

FISHERMEN  GOOD  MATERIAL  FOR  SOLDIERS  AND  SAILORS. 

liy  Senator  Frye: 

Q.  On  the  whole,  what  kind  of  sailors  are  thoy  ? — A.  I  don't  think 
the  world  can  produce  better. 

Q.  During  the  last  war  did  they  take  any  part  in  the  conflict  ? — A. 
Yes,  sir ;  by  the  hundreds.  I  don't  think  there  was  a  naval  vessel  afloat 
ia  those  times  in  which  the  fishermen  of  New  England  were  not  repre- 
sented. We  sent  a  regiment  of  soldiers  from  Gloucester.  That  has 
oeen  a  characteristic  in  our  wars,  especially  during  the  war  of  ISlii, 
where  we  responded  at  Marblehead,  and  braver  men  and  more  daring 
I  don't  think  ever  existed. 


■■iiii 


!■:•!(  a*  I 


naturalized  CANADIANS. 

Q.  How  do  you  find  the  Canadians  who  come  here  and  learn  the  trade 
of  fishing,  as  you  all  agree  about  thinking  they  do  ?  How  do  you  find 
them  after  they  become  naturalized  citizens  ?  Are  they  of  American 
sentiment  ? 

The  Witness.  You  refer  more  to  the  men  from  Nova  Scotia,  I  pre- 
same. 

Senator  Frye.  Yes. 

A,  Yes,  sir ;  you  had  a  fair  sample  yesterday,  on  the  stand,  of  one  of 
our  naturalized  citizens.  Quite  a  number  of  these  men  are  now  men  of 
property,  and  some  of  them  are  our  best  citizens,  and  as  true  and  loyal 
Americans  a^^  I  am  myself,  or  any  other  man  in  Gloucester.  I  think  their 
^  )le  interest  is  with  us. 


TESTIMOFT  OF  DAVID  S.  PEESSON. 

Gloucester,  Mass.,  October  5, 1886. 
DAVID  S.  PRESSON  sworn  and  examined. 

By  Senator  Edmunds  : 
Question.  State  your  age. — Answer.  Forty-eight. 
Q.  Residence. — A.  Gloucester. 
Q.  Occupation. — A.  I  am  collector  of  customs. 
Q.  What  business  were  you  in  before  that  ? — A.  In  che  fishing  busl- 


780 


AMERICAN   FISHERY   INTfiRESTS. 


PISHEEIES  OF  GLOUCESTER  SINCE  JANUARY  1,  1885. 

By  Senator  Fr YE: 

Q.  Have  you  resporded  to  the  letter  directed  to  you  by  the  sabcom- 
inittee? — A.  Yes,  sir;  I  have  the  statements  here. 

Q.  You  may  give  us,  then,  first,  the  whole  number  of  vessels  licensed 
at  this  port  since  Jarxuary  1, 1885,  in  the  fishing  busine8s.-=-A.  Above 
20  tuns  there  were  384  vessels,  amounting  to  26,499  tons  ;  under  20  tons 
there  were  54  vessels,  amounting  to  009  tons ;  in  all,  438  vessels,  47,038 
tonnage. 

Q.  Were  any  of  them  propelled  liff  steam  1 — A.  None  of  them  pro- 
pelled by  steam ;  all  propelled  by  sat!. 

NUMBER    OF    VESSELS    CLEARED    FROM    GLOUCESTER    FOR  BRITISH 

NORTH  AMERICAN  PORTS. 

Q.  Now  you  may  state  the  whole  number  of  vessels  cleared  for  any  of 
the  ports  of  the  British  North. American  Provinces  during  the  same 
time. — A. : 

Number  of  vessels  cleared  for  ports  in  Nova  Scotia,  <fo. 


Vessels. 


Number. 


Tonnage, 


British,  &c.,  vessels  (steamer).. 

British,  &o.,  vessels  (barks) 

British,  &o.,  vessels  (sohoocers) 

Amorician  vessels  (bnrlis) 

Aiuerican  vessels  (schooners)  ... 

Total 


1 

i,3ai 

23 

14, 2« 

116 

10, 2« 

2 

894 

68 

3,99 

200 


30,304 


Q.  Do  you  know  what  proportion  of  these  were  fishing  vessels  t— A. 
None  of  them  were  fishing  vessels. 

PAPERS  TAKEN  BY  PISHING  VESSELS. 

Q.  As  to  those  fishing  vessels,  what  papers  did  they  take  out!— A, 
They  took  out  an  enrollment  and  license,  and  in  a  majority  of  the  (jasesj 
this  year  they  have  taken  out  a  permit  to  touch  and  trado. 

Q.  Have  you  a  form  for  one  of  those  permits  to  touch  and  trade  f-j 
A.  I  have.    This  is  the  form : 

Cat.  No.  488. 

permit  to  touch  and  trade. 

United  States  of  America, 
District  of 


Fort  of , 

,188. 

named  tbe ^"'1 

was  licensed  for  catrying  on  the fishery,! 

,  collector  for  the  district  of ,  in  the  State  of ,  on  the 


Permission  is  hereby  granted  to 
burden ,  which 


-,  master  of  the 


by-       . 

day  of ,  to  toach  and  ti.  de  at  any  foreign  port  or  place  during  her  voyage  pi 

ently  to  be  made. 
Given  under hand  and  seal,  the  day  and  year  above  mentioned. 

~~       CoUictor- 


Naval  Officer. 


AMEIJICAN    FISHERY    INTERESTS. 


781 


Q.  Do  you  kuow  whether  those  permits  to  tratlo  luive  beou  rocofjnized 
by  tlio  British  authorities  ? — A.  lu  all  cases  that  have  been  reported  to 
tiie  ofliee  they  have  not  been. 

Senator  Frye.  You  may  make  that  permit  to  touch  and  trade  a  part 
of  your  evidence. 

the  Witness.  You  will  see  by  the  blank  form  that  it  is  good  for  only 
one  voyage.  Two  hundred  aa«1  fifty-four  fishing  vessels  have  taken  per- 
inirs  to  touch  and  trade,  issued  under  section  43G1,  Revised  Statutes, 
and  no  fishing  vessel  has  taken  regular  clearance.  Three  hundred  and 
fifty-nine  permits  were  granted. 

IMPORTATIONS  OF  FRESU  FISH  AND  DUTIES  COLLECTED. 

Q.  Now  you  may  iicate  the  total  number  of  pounds  of  fish  imported 
(luriuj?  the  year. — A.  The  total  number  of  pounds  of  fresh  fish  imported 
(luring  the  year  wr.8  1,186,700,  and  the  duties  collected  on  28,464  pounds 
amounted  to  $142.22, 

Q.  How  did  you  happen  to  collect  the  duties  on  any? — A.  Those  were 
the  halibut  that  were  not  fit  for  the  market  and  went  to  the  cutters ;  on 
that  my  predecessor,  Oaptain  Babson,  was  allowed  to  collect  the  duties. 
He  made  the  po.  "Hh  the  Treasury  Department  that  all  should  pay, 
but  the  Departm'jnt  aecided  that  only  those  that  were  used  for  smoking 
or  curing  should  pay  the  duty. 

Q.  The  reason  why  Oaptain  Babson  was  able  to  get  at  the  proportion 
ofthatcai go  of  halibut  that  was  cured  was  because  they  were  cured 
herein  Gloucester,  was  it  notf — A.  Yes,  sir;  224,000  pounds  of  those 
fresh  fish  were  halibut,  and  962,700  pounds  were  fresh  herring. 

Q.  Suppose,  instead  of  being  cured  here,  they  had  been  sent  to  liTew 
York,  would  the  collector  have  known  anything  about  it  I— A.  Nothing 
at  all,  and  none  of  the  duties  would  have  been  collected. 

Q.  Is  there  any  diflttculty  about  bringing  cargoes  in  here,  entering 
them  here,  and  8hii)ping  them  to  any  port  of  the  country? — A.  No,  sir; 
thoy  can  be  boxed  in  ice  and  entered  "  for  immediate  consumption." 

Q.  And  t^je  fact  that  the  collector  did  succeed  in  getting  the  duty  on 
28,464  pounds  was  because  they  were  cured  here  right  under  your  eyesf 
-A.  Yes,  sir;  we  could  see  them.  We  had  a  person  attend  to  the  de- 
livery of  the  cargo,  and  on  all  that  were  aot  shipped  off  wo  collected 
duties. 


IMPORTATIONS  OF  SALT  FISH  AND  DUTIES  COLLECTED. 

Q.  Please  give  the  number  of  pounds  of  salt  fish  imported. — A.  Num- 
ber of  pounds  of  salt  fish  imported : 

Co(lfi8h,&c pounds..  2,961,4-0 

i  Msckerel bairols..  080 

Herring pounds..  IbO.OOO 

Do •. barrels..  25 

Bake pounds..  206,200 

Oil gallons..  1,725 

I  Amouut  of  duty  collected $10,174  35 

By  Senator  Edmunds  : 
Q.  Was  that  whale  oil? — A.  No;  it  was  fish  oil,  probably  imported 
[from  Newfoundland — imported  before  I  became  collector. 

By  Senator  Frye  : 
Q.  Do  you  know  anything  about  the  importations  for  the  year  be- 
Ifore!— A.  No,  sir ;  I  haven't  got  those  figures. 


782 


AMEltlCAN   FI811EUY    INTERESTS. 


STATEMENT  OF  NOVA  SCOTIA  VESSELS  ENTERING  AND  OLEAUINO  AT 

PORT   OF  GLOUCESTER. 

9.  Have  you  any  other  statement  that  you  liave  prepared  I—A.  I 
have  a  statement  here  in  reUition  to  the  Nova  Scotia  vessels  enteriug 
and  clearing  at  this  port  for  the  purpose  of  fitting  out  this  last  spring 
when  our  vessels  in  tJie  Canadian  ports  were  refused  that  privilege.  ' 

Q.  Please  give  us  that  statement. — A.  It  is  as  follows : 

Statement  0/ Nova  Scotia  vcaaeU  entering  and  clearing  at  port  of  Gloucester,  having  rwi.uJ 

said  port  for  purpose  of  fitting. 


Vessels. 


Schooner  Circassian,  of  Argylo,  N.  S 

Suhoonor Maria,  of  Argyle,  N.8 

ScJioonciT  Koseuoutli,  of  Pubuico,  N.  8 

Soliooner Byron,  of  Pubnico,  N.S 

Sclioonur  Fcstiiia  Lonto,  of  Lookuport,  N.  S 

Sclidontir  Anna  llobnrtHou,  of  Lockoport,  N.S 

SchoonurGouuva,  of  Lunouburg,  N.B 


Tons. 


116 
1U9 
110 
121 
81 
05 
107 


No.  of 
men. 


7 
9 
10 
10 
10 
10 
17 


Entered. 


Mar.  10 
Mar.  11 
Mar.  1") 
Mar.  17 
Apr.  20 
Apr.  30 
May  15 


ClMrtd. 


Uar.  It 

Mar.  u 

Mar,  22 

Mar,  It 

May  ( 

May  ( 

May  20 


The  schooner  Circassian,  of  Argylo,  was  fitted  with  bait,  stores,  and 
provisions  for  cod-fishing.  The  schooners  Maria,  of  Argylo,  and  Kose- 
ueath  and  Byron,  of  Pubnico,  were  cod-fishermen.  Tbo  other  three 
were  mackerel  fishermen. 

Q.  These  were  English  vessels! — A.  All  English  vessels. 

AMERICAN  PORT  PRIVILEGES  AND  CHARGES. 

Q.  Is  there  anything  to  prevent  a  Canadian  vessel  from  coming  here 
and  lying  at  this  port  as  long  as  she  pleases  ? — A.  They  arc  obliged  to 
report  within  24  hours  to  the  boarding  officer,  and  are  obliged  to  enter 
within  48  houi'S,  unless  detained  here  by  stress  of  weather. 

Q.  What  is  the  charge  for  entry  ? — A.  Three  cents  a  ton  for  tonnage 
dues ;  the  entering  and  clearance  fees  would  be  5.G7  cents,  I  tiiink. 

Q.  Is  there  anything  in  the  custom-house  rules  or  regulations  to  pre- 
vent their  men  from  landing  and  going  where  they  please  ?— A.  No, 
sir. 

Q.  In  other  words,  the  Canadian  vessel  has  the  same  privilege  that 
an  American  vessel  has  ? — A.  Yes,  sir. 

Q.  To  buy  bait  or  anything  else  ? — A.  Yes,  sir. 

THE  CASES  OF  THE  SCHOONERS  RATTLER,  CRITTENDEN,  AND  MOLLIE 

ADAMS. 

The  Witness.  I  was  inquired  of  yesterday  in  regard  to  the  schooners 
Battler,  Crittenden,  and  Mollie  Adams. 

By  Senator  Edmunds  : 

Q.  Are  those  statements  which  you  have  filed  in  your  ofBce !— A. 
Yes,  sir ;  they  are  copies  of  the  depositions  of  the  masters  that  I  took  \ 
and  forwarded  to  the  Department. 

Senator  Edmunds.  You  may  make  those  a  part  of  your  testimony. 

The  following  are  the  papers  referred  to : 

Affidavit  of  Auguatua  F.  Cunningham  aa  to  the  Rattler, 

I,  Augustus  F,  CuQuingbam,  master  of  schooner  Rattler,  of  GlouceHtor,  being  dnlyj 
Bworn,  do  depose  and  say :  1 

That  ou Thursday,  July  8,  1886,  we  sailed  from  Gloucester  on  a  mackerel  cruise.  On  j 
Tuesday,  August  3,  having  secured  a  fare  of  mackerel  and  while  on  our  iiassage  hom^j 


it7p.  Di.j  ilio  wind 
loided,  witii  twolai 
Scotia,  for  uLel  for. 
Juitt  inaide  of  the 
Terror,  C'ai)taiu  Qui 
(iini)  ulougftide,  and 
barbor.  My  reply  v 
of  owner  and  cap'tai 
I  li'Ming  auy  of  the  c 
liuDs.  Boarding  lis  aj 
noD  ou  board  of  us, 
miut  enter  at  the  cm 
».-evolvoraiid  a  boa 
femoj;  to  riwk  the  da 
I  lidve  short,  the  main 
I  mill  to  tiro  a  revolvei 
on  board  the  Terror, . 
I  from  (he  Terror,  comi 
J  each  of  his  two  men 
I  IJui^lcy  were  that  I 
I  officer  at  Shelbnrue. 
I  ilie  niaiusail.  The  bo 
I  aifl  Quigley  on  board 
liothe  night,  and  ordi 
llonsethere.  I  asked] 
lioase.  His  reply  was 
Ifonrreturn  show  your 
jvessel  was  iu  charge  oi 
I  will  allow  the  captain 

llisdoryandtwomen, 
loffin  their  dory,  and  if 

lorshoothimas  thecasi 
Ididnot  allow  a  vessel  a 
linii  why  the  law  was  1 
Iwereabenofltto  Ameri 
I  At  daylight  we  got  nn 
Ifcnr  more  armed  men  ca 
llweiit  on  shore  with  L 
■ittwofld,  who,  after  luc 

■entered and  clearedibe 
iMtoexhibit  my  clear; 
J  i  nimid  state  that  wl 
f'«<Twljii.st  ahead  of  u, 
|«iglit,  which  sliowed  p 
Pf-itmcnt  in  Canadian 
IHalil.ix  informed  me  i] 
PraiTican  vessels. 

1  During  the  whole  die 
|rf''-'"t'0",tothe8ar 
■  lldeemmytreatmen 
JJirnational  courtesy  tl 
P^uedbyC'apt  A.F.< 
pliassengcr. 


Affidavit  of 

LiJ''"^l'hE.  Graham,  ri 
K,  do  depose  and  hV 
Patm  the  month  of. 
f  m.v  passage  home  froi 

F.Pacemfunnedmet 
K«g  this  informat 

p««igriivc,ati3dn]y 


AMERICAN   FISHERY   INTERESTS. 


783 


it7n.  m.,  llie  wind  blowing  hard,  tho  sea  boing  rou^jh,  and  onr  vessel  being  deeply 
loadt'd  with  two  large  seine-boati  on  dock,  w  >  put  into  the  harbor  of  Sholburne,  Nova 
Soitia'forHhelter. 
Just  inside  of  the  harbor  we  were  hoye-to  by  a  gun  fired  from  the  Cana<lian  cniiser 
Tirror,  Captain  Quigiey,  ant'  came  to  anchor.    Immediately  a  boat  from  the  Terror 
ciimi  ulougHide,  and  its  commander,  Lieutenant  Boimott,  asked  why  we  wore  in  tho 
liarbor.    My  rejdy  was,  "  For  shelter,"    Taking  then  tho  name  of  our  vessel,  names 
of  owner  and  captain,  where  from,  where  bound,  and  how  many  fish  we  had,  and  for- 
bidding any  of  the  crew  to  go  on  shore,  he  returr  1  to  the  Terror  for  further  iustruo- 
tiuD9.  Boanling  ns  again  after  a  lapse  of  perhaps  furty-ftvo  minutes,  he  ])ut  two  armed 
men  onboard  of  us, asked  for  our  crew-list,  and  i^aid  if  I  remained  until  morning  I 
must  enter  at  the  custom-house,  bat  if  I  could  sail  in  the  night,  to  tell  his  men  to  tire 
j.-evolvor  and  a  boat  would  be  sent  to  take  thoui  olF.    At  12  o'clock  that  night,  i»re- 
ferriu"  to  Tiak  tho  dangers  of  the  sea  to  the  danger  of  seizure,  I  ordered  the  anchor 
i  liovesiiort,  tho  mainsail  hoisted  preparatory  to  sailing,  and  told  one  of  the  Terroi-'s 
I  nifii  to  (ire  a  revolver,  which  he  did.    Receiving  no  reply  and  seeing  no  signs  of  life 
onboaril  the  Terror,  I  ordered  the  revolver,  to  lie  lired  again.    This  hrongiit  a  bout 
from  the  Terror,  commanded  by  Lieutenant  Bennett,  who  boarded  my  schocmer,  gave 
eacliof  Ills  two  men  on  board  an  extra  revolver,  and  told  mo  the  orders  of  Captain 
|Uiii;;ley  were  that  I  should  not  leave  tho  2>ort  until  I  had  reported  to  tho  customs 
officer  at  Shelburue.    Upon  receipt  of  these  orders,  I  paid  out  the  chain  and  lowered 
ihe  niaiuHail.    The  boat  went  back  to  the  Terror  and  immediately  returned  with  Cap- 
uiaQiiigley  on  board.    He  denied  the  permission  giveu  me  by  his  first  officer  to  sail 
I  Id  the  night,  and  ordered  me  to  go  to  Shelburne  and  enter,  and  clear  at  the  custom- 
house there.    I  asked  him  how  I  should  go,  as  we  were  8  miles  distant  from  the  custom- 
ikoiise.   HIh  reply  was,  I  "don't  care,  sir,  how  you  go,  but  you  must  go  there,  and  on 
lyonrretnm  show  your  clearance  to  me  or  suffer  tho  consequences."    He  told  me  my 
I  vessel  was  in  charge  of  his  two  men,  and  to  them  he  gave  these  orders :  "Gunner,  you 
I  will  allow  the  captain  to  proceed  to  Shelburne  with  the  vessel,  come  to  anchor,  take 
liisdory  and  two  men,  no  more,  and  go  on  shore  to  enter ;  allow  them  to  brinfj  nothing 
I  of  in  their  dory,  and  if  a  man  puts  his  hand  on  tho  wheel  to  go  to  sea,  chop  his  arm  ou 
loTBhoot  him  as  the  case  may  require."    I  asked  him  if  the  law  was  not  very  strict  that 
Ididnot  allow  a  vessel  arriving  at  night  after  office  hours  to  proceed  before  daylight, 
liid  why  the  law  was  thus  enforced.    He  replied,  "To  prove  that  Canadian  harbors 
here  a  benefit  to  American  fishermen." 

At  daylight  we  got  underway  and  started  for  Shelburne.  and  Lieutenant  Bennett  and 
I  four  more  armed  men  came  on  board.  W©  arrived  at  Shelburne  about  4:30  o'clock  a.  m. 
Iheut  on  shore  with  Lieutenant  Bennett  and  his  boat's  crew,  and  woke  up  Collector 
littwood,  who,  after  inquiring  of  the  lieutenant  if  there  were  any  charges  against  me, 
lenteredand  cleared  ihe  vessel.  On  my  return  to  tho  vessel  the  lieutenant  requested 
laie  to  exhibit  my  clearance,  which  I  did,  and  we  were  then  allowed  to  depart. 
I  1  would  state  that  when  we  first  entered  the  harbor  of  Shelburne  a  Canadian  vessel 
I'qtored  just  ahead  of  us,  and  she  was  unmolested,  sailing  at  her  xdcasure  during  the 
Might,  which  showed  plainly  that  an  American  vessel  was  not  accorded  the  same 
Itatmeut  in  Canadian  ports  as  are  Canadian  vessels,  although,  as  the  collector  at 
lEalifux  informed  me  in  June  last,  the  same  laws  apply  to  Canadian  vessels  as  to 
Ikcricau  vessels. 

During  the  whole  difSculty  my  langnage  was  respectful,  and  I  quietly  submitted  to 
Itkdeteutiou,  to  the  sarcastic  language  and  overbearing  conduct  of  Captain  Quigiey; 
Iktldeem  my  treatment  and  detention  severe  and  unjust,  and  an  outrage  upon  the 
■itkrnational  courtesy  that  should  exist  between  two  iriendly  nations. 

iiigucd  by  Capt  A.  F.  Cunningham,  and  also  by  Lawson  C.  Rich,  of  Canton,  N.  Y., 
ppasiieDgcr. 


Affidavit  of  Joseph  E.  Graham  as  to  the  case  of  the  Crittenden. 

,  I,  Joseph  E.  Graham,  master  of  schooner  A  R.  Crittenden,  of  Gloucester,  being  duly 
Worn,  do  depose  and  say : 

I  That  in  tlie  month  of  July  last,  I  think  on  theSlst  day,  I  was  in  tho  Straits  of  Canso 
Pmy  passage  home  from  a  fishing  trip.  Thinking  I  had  a  right  to  fill  water  under 
pe treaty  of  1818, 1  stopped  at  Steep  Creek  for  that  purpose.  Tho  customs  officer  at 
Mt  place  informed  me  that  if  I  filled  any  water,  my  vessel  would  be  seized,  and  upon 
Keiving  this  information  I  immediateJy  sailed  without  water,  and  in  consequence 
pwere  on  short  rations  of  water  during  the  passage  home.  In  my  passage  through 
^straits  two  of  my  men  went  on  shore.  I  was  then  continuing  my  passage  through 
'Miaits,  as  1  r.ado  no  stoj)  after  leaving  Steep  Creek. 

>^''"'"'"g  thiough  the  straits  ou  my  second  voyage,  say  ou  August  4,  I  stopped  at 
prt  Mulgravo,  ami  duly  ontej-ed  ami  cleared,  and  one  of  tho  men  who  had  gone  on 


784 


AMERICAN   FISHERY   INTERESTS. 


«horu  tbo  previous  trip  oamo  on  board.  On  uiy  passage  boue  from  the  fwcondtrin 
say  August  27,  while  coming  through  the  Straits  of  L'anso,  a  lack  of  wind  (liMonahiei! 
us  to  stem  the  strong  tide,  and  to  prevent  going  on  shore,  we  came  to  auchur  m  i'l,,, 
Mulgrave.  Upon  going  on  dhoro  I  was  inforiu|jd  that  my  vessel  was  seized  foriandiii' 
men  and  lilting  water,  and  a  line  of  |400  imposed,  which  I  deposited  with  the  collector 
of  customs.  I  protested  against  the  payment  of  said  line,  bolioviug  that  I  viulaini 
neithei'  treaty  nor  law,  preferring,  as  my  action  shows,  to  put  my  crew  on  short  wattt 
rations  rather  than  do  anything  illegal. 

JOSEPH  E.  GIUnAM, 
Master  of  Schooner  A.  li.  C'rittendin. 

We,  Robert  Sawyer,  Robert  Jameson,  Alonzo  Callahan,  of  the  crew  of  schoontirA.i 
R.  Crittenden,  having  knowledge  of  the  facts  contained  in  within  ailldavit,  do  swear  I 
that  within  aiUdavit  is  trae  ia  every  particular. 

ROBERT  SAWYER. 

ROBT.  JAMESON. 

ALONZO  CALLAHAN. 

MABSACiiusE'rrs,  Esskx,  as :  SEPTKMnKR  4, 1886, 

Personally  appeared  Joseph  E.  Qraham,  Robert  Sawyer,  Robert  Janiesou,  aud  Alouio  i 

CaUahan,  and  made  oath  to  the  truth  of  the  above  statement. 
Before  me. 
[BKAL.]  AARON  PARSONS,  AT.  i'. 


JJJldavit  of  Solomon  Jacobs  as  to  the  case  of  the  Mollie  Adams. 

I,  Solomon  Jacobs,  master  of  schooner  Mollie  Adams,  of  Glonccstcr,  ')eiiig  diilvl 
sworn,  do  depose  and  say :  That  I  arrived  at  Port  Mulgrave,  Straits  of  Causo,  Ni8.,  on] 
August  31  on  my  way  home  from  a  fishing  voyage,  in  want  of  water,  our  wat^ir-tankl 
having  been  bnrst  by  the  laboring  of  the  vessel  caused  by  the  heavy  weather  (InriDgJ 
the  passage  from  the  fishing  grounds;  I  duly  entered  at  the  custom-house  and  ahil 
permission  of  the  collector  to  purchase  two  or  three  barrels  to  put  some  water  in  fori 
the  passage  home.  Ho  answered  that  he  could  not  allow  us  to  buy  anythiug,  notl 
even  the  barrels,  '  dd  if  we  did,  our  vessel  would  bo  seized.  We  wore  tberefoiJ 
obliged  to  start  for  home  with  but  75  gallons  of  water  (which  Wfl  had  iu  barrels  oal 
board)  for  a  crew  of  eighteen  men,  for  a  passage  of  500  miles.  I  protest  againstsucli 
treatment  as  severe,  and  if  not  in  violation  of  the  treaty  of  181W,  certainly  in  viola4 
tion  of  the  common  charity  of  mankind.  In  trying  to  make  some  other  harbor  od 
our  way  up  the  Cape  shore  in  hopes  to  replenish  our  scant  supply  of  water,  a  g»le  o' 
wind  was  encountered,  which  not  only  prevented  our  making  any  port,  but  causeiL 
damage  to  the  vessel  and  loss  of  about  ($700)  seven  hundred  dollars'  worth  of  uiackl 
erel  from  the  deck  and  the  smashing  of  two  seine  boats  worth  (^'lOO)  five  liiiiidreffl 
dollars.  Had  we  been  supplied  with  water  we  shonld  have  been  offshore  with  onq 
vessel,  and  would  have  been  in  condition  and  situation  to  avoid  the  damage  suataioei 
By  struggling  to  keep  off  the  rocks  we  sustained  all  this  damage. 

SOLOMON  JACOBS. 


Skptembeh  7, 18 
Massachusetts,  Essex,  sa  : 

Personally  appeared  Solomon  Jacobs  and  made  oath  to  the  truth  of  the  above  9tat» 
meut. 
Before  me. 

AARON  PARSONS,  jy.  P. 

SEIZURE  OF  THE  W.  D.  DAISLEY. 


The  Witness.  I  will  state  that  jast  before  coming  iu  here  I 
ceived  a  dispatch  from  Oonsnl-General  Phelan,  dated  at  Halifax,  OcW 
ber  6, 1886,  iu  regard  to  the  W.  D.  Daisley,  one  of  our  fishing  schoouer^ 
which  reads  as  follows : 

W.  D.  Daisley  seized  at  Souris.  Charge,  one  of  crew  landed  flour  at  Canso  lai 
August.  Telegraphed  Ottawa  to  release  on  deposit  to  be  made  heTe.  Will  "vire  jr(| 
reply, 

M.  H.  PHELAN, 

Consul-Genmll 


AMEKICAN    FISIIEUY    INTERESTS. 


785 


STATEMENTS  SUBMITTED. 

l}y  Senutor  J'^rye  : 

Q.  Have  you  any  further  inforiiuitiou  to  Hubuiit  to  the  8ubcouiuiit- 
tj>,.t_A.  I  have  here  a  statement  of  tLe  number  of  vessels,  with  their 
toiiiia{(e,  engaged  in  the  ditt'erent  kinds  of  fishing ;  also  tonnage  returns 
np  to  Juno  30,  18S(>,  and  other  statements.  1  will  submit  tliese,  to  bo 
iiiatle  a  part  of  my  testimony. 

Tlie Btatemonts  referred  to  by  the  witness  are  as  follows: 


How  on(;ago«l. 


(!(or!r«coil(isliiiijr  

liramllJankioiltlsliiDK 

Kmli  hiilil'iit  ll.tliiiiK     • 

Shiiro  ^11(1  Day  luiickiTcl 

Shorn  niiickciol 

Shmv  llsliint;  —  • 

fliire  lisliiiiK  (uiiilor  20  toim) 

,nfril;iiiil  lialilmt 

kttol  liiililiut 


ToUl . 


905 


No.  of 

VI'BSCU. 

Tons. 

1(10 

10,  :«78. 04 

•JO 

2, 101.  .M 

;w 

.■1,  I0I.»7 

90 

7, 204. 03 

17 

1,070.71 

12 

4H8. 77 

a? 

300. 52 

•> 

1.^9.21 

7 

008.61 

25,635.70 


Fiscal  yt'ii';  ciidiiig  Jniio  :!(),  188(5: 

18 ri'ijistf  .n ;  80  tMirolliiioiitH;  77  coastiiif?  lieeuHcs;  'JDl  iJHhinjj  Jiceusos;  UG  fiHbing 
liceusi'8  (umlur  20  tons). 

Tonnage  return,  June  ">0. 

Tons. 

(1  iK'niiiiiU'iit  ie<;i!stfrii 373. 30 

1  UMiiporiir.y  roi^istor 87.r)".i 

Ulilipriuaiieiit;  t'uroUiiioiits 20,GtJ9.88 

2|H'nu:iiic!nt  cnruHiiuiiitH,  Htciiit •')5.  •'i'J 

1  teiuporaiy  enrollment,  Hteani 477. .'iS 

:]'J,G«3.80 


81iconse  under  20,  Htiil,  eoastiu";  — 
I  Mlioeiiso  under  20,  siiU,  iisliericH  .. 
liliti'iise  under  20,  wteani,  eoiLstinj; 


$81  f)fi 

(109  25 

H2  19 


31,436  79 


I  (Ocoiwtinj;  licenses  (enrolled) 3,804  84 

(W lisliini;  lieenses  (enrolled) 2G,44H  71 

ijiiclils  (enrolled). 1G5  94 

From  February  I,  188G,  io  September  20,  188G. 

|81  vmscls.    1,1)19  tiieii.    Anicrican,  1,H9G;  Britisli,  502;  otbor  foreign,  521. 

I'ouiuls. 

sh  mackerel 8,002,G.')0 

iFwluwl 5,302,4:{5 

|Fre,<lilialiliiit, G,  877, 473 

"  sb  niiscellanooua 8,22G,277 


Total : 28,408,835 


Mtcml 25,001,415 

t  miscellaneous 2,0G5,988 


Total 27,GG7,403 


1  mackerel 

•It  miscellaneous 


Total , 


108,794 
541 

109,  .335 


jy.HUjralhnis  cod  oil. 
[ll.CXi,  440.85  value  offlsh  aud  oil. 
S.Ex.  113 50 


-jy^]  AMEUICAN    riSUliltY    INTEKliSTS. 

link  cauyht  iu  foreign  waters. 

I'oilUila 

Freuli  liorriiiK Sd^m 

Vivnh  cod l''.\,:'im 

FruMh  hiilibut i;7|(Kji, 

'fotttl 510,;iij(, 

Suit  luiticolluneous  tiali 178,riiK| 

llarrtls. 

Salt  uluckrrul  cuufjlit  oiitHido  of  tliroo-iuili)  limit 7,ij41 

Suit  umckorol  cuugbt  iimido  of  tluoo  iiiilo  limit i\>>^ 

Value  of  fiuh  caught  oiitHidi;  of  tliruo-iiulo  limit $X>,Ti\  K 

Value  of  UhU  caught  iimide  of  throo-mile  limit 2,7H4  uo 

Total  value  of  fish  caught  iu  foroign  waters 38, ,%  4i; 

Paid  for  bait,  uupplics,  repairs,  &c.,  to  foroigii  merchants 25,731 97 


TESTIMONY  OF  FITZ  J  BABSON. 

■    '      .    :■■.:,■ '/^  ,;.:;,  , ;     .  Gloucestku,  Maws.,  October  5, 188C. 
FITZ  J.  BABSJN  sworn  a.u(l  cxainim'd. 

By  Senator  Edmunds  : 

Question.  What  is  your  age! — Answer.  I'^ilty -eight  years. 

Q.  Wber«Mlo  you  reside? — A.  At  Gloucester. 

Q.  VVliat  is  your  occupation? — A.  At  presi  nt  1  am  liaudliiig  real! 
estate  and  doing  some,  little  literary  work;  I  was  formerly  collector  of j 
the  port  of  Gloucester  lor  seyenteen  years. 

Q.  Have  you  had  any  acquaintance  with  the  fishing  business  as  ear-j 
ried  on  at  this  port? — A.  I  have. 

GENERAL  HISTORY  OF   THE  FlbniNG  BUSINESS. 

Q.  Explain  to  the  committee  in  your  own  way  the  nature  of  ihm 
fishing  fleets — how  they  are  fitted  out,  wl>ere  they  flsli,  and  give  wiiatj 
ever  facts  or  information  you  possess  concerning  the  value  to  our  fisber-j 
men  of  the  right  to  fish  within  the  inshore  lines  of  the  British  Possesj 
sions  of  North  America. — A..I  have  been  present  at  the  hearing  of  tha 
testimony  before  this  committee  yesterday  and  today,  and  I  will  sajj 
that  the  testimony  I  have  heard  in  regard  to  the  fitting  of  the  vessdj 
by  those  who  are  x^ractically  engaged  in  that  business  is  substantially 
true.  I  would  like  to  make  some  statements  iu  regard  to  the  history  oj 
the  fishing  business  from  the  time  of  the  first  treaty  down  to  the  pre* 
ent,  and  give  to  the  committee  as  many  of  my  own  views  as  I  have  iij 
my  mind  and  as  many  facts  as  I  have  become  possessed  of  by  observai 
tion. 

Q.  You  can  go  on  in  your  own  way. — A.  In  the  first  place,  the  treaty 
of  1783  between  the  United  States  and  England  defined  the  rigbts  i 
the  United  States  upon  the  land  as  well  as  upon  the  ocean.  13y  tliaj 
treaty  we  find  that  the  American  fishermen  were  given  the  entire  riglj 
to  fish  along  the  shores  of  the  present  Dominion  and  ^fewfoundM 
without  any  hin';\rance  whatever.  They  were  to  occupy  the  samj 
grounds  and  to  have  the  same  rights  that  they  had  as  colonists. 


After  the  war 

uuiiid  like  to  cal 

\m\tHni  of  tiie  Er 

iniisjdeied  to  be 

iritli  our  rights  al 

'  anil  the  banks  iu 

ever,  though  by  t 

tliey  appear  there 

!  kino  right  to  d( 

I  war  of  1812  term 

t  meuced  to  harrasf 

The  treaty  of  1 

I  treaty  Mr.  Kush 

I  shores  of  llio  Don 

deprive  our  peo|)k 

I  water,  shelter,  an( 

Q.  liy  *'onr  pet 

I  vessels  entirely. 

THE  TREATY  OF 

Tliere  is  one  j)oii 
j  with  the  policy  of 
I  sequent  to  1818  tin 
loftheirnegotiatioi 
Iriglits  and  privilege 
I  tie  treaty  of  1818,'= 
J  provision  8  of  those 
I  six  or  seven  years  i 
Jfeys.   Wobaverif 
|of  Canada  and  NevA 
Iconstrued  by  the  li 
Ibd  of  that  Gover 
Jlieing  restricted  an< 
|of  Newfoundland,  f 
IproTido  that  there  f 
|20fli  of  October  un: 
I'lrely  debar  our  pc 
|peratioa  to-day,  fj 
T»ple  use  seines  foi 
Uielocallaw  allows, 
Po.  84,  May  17,  1881 
president  Hayes.) 

DOMINION  PISHI 

i  There  is  no  doubt 
pnlated  after  th 
pou,  Their  fisher 
m  h  that  time. 
If"  the  mackerel  fis 
fed  States  as  a  fi 
m  market  for  ma 
pt  that  towardf 
B«  fleet  of  vessels 
p  of  that  treaty 


AAfiSKlCAN    I'lSHEKY    1NTKRE8TS. 


7H7 


After  tlio  war  of  1812  Eiij^land  repiuliated  tho  treaty  of  1783,  and  I 
would  iilv»-  to  t"»ll  attention  to  the  treaty  of  1783  in  order  to  show  tbe 
|K)siti(>ii  <»t'  the  JDnglish  Governinout  at  tliat  time  in  refjjard  to  what  they 
loiisideicd  to  bo  their  rijjhts  on  tho  ocean.  They  Kavo  Jis,  together 
(vith  our  rights  aloutj  tho  shores,  tho  riglit  to  llsh  on  tlio  Grand  Banks 
and  llie  hanks  in  the  ocean,  over  which  they  had  no  jurisdiction  what- 
nvr,  though  by  the  hmgnage  of  tho  treaty  Jurisdiction  is  assumed,  and 
tin")  appear  there  as  giving  us  privileges  of  that  kind,  when  in  fact  they 
biul  no  right  to  do  so.  As  early  as  1815  Great  Britain  chiimod  tliat  tho 
war  of  1812  terminated  our  right  to  tho  inshore  fisheries,  and  com- 
lueuccd  to  harrass  and  capture  our  fishing  vessels. 

Tiie  treaty  of  1818  was  made  after  tho  fall  of  Napoleon.    In  that 

treaty  Mr.  Rush  and  Mr.  Gallatin  conceded  tho  right  to  fish  on  tho 

shores  of  tlie  Dominion,  but  the  language  of  tho  treaty  was  such  as  to 

I  deprive  our  people  of  all  rights  to  go  into  their  ports  except  for  wood, 

water,  shelter,  and  for  the  repair  of  damages. 

Q.  15y  "our  people"  you  mean  purely  fishing  people! — A.  Fishing 
I  vesselH  entirely. 

THE  TREATY  OF   1818  A  BASIS  FOR   SUBSEQUENT  NEGOTIATIONS.    ■: 

There  is  one  ])oint  which,  I  think,  is  of  great  importance  in  connectiou 
I  with  the  policy  of  the  English  Government.    In  all  treaties  mado  sub- 
sequent to  1818  they  have  used  the  language  of  that  treaty  as  the  basis 
of  their  negotiations,  and  in  those  treaties  have  always  referred  to  "the 
{rights  and  privileges  granted  to  tho  fishermen  of  the  United  States  by 
the  treaty  of  1818,"  and  have  then  proceeded  to  the  other  privileges  and 
I  provisions  of  those  subsequent  treaties.    We  have  had  \*ithin  the  last 
six  or  seven  years  an  example  of  what  the  language  of  that  treaty  con- 
veys.  We  have  rigt  s  in  common  with  British  fishermen  on  tho  coast 
[of  Canada  and  Newfoundland,  and  those  rights  in  common  have  been 
IcoDstrued  by  tho  English  Government,  through  Lord  Salisbury,  at  the 
lliead  of  that  Government,  at  the  time  of  tho  Fortune  .'iay  trouble,  as 
jbeiDg  restricted  and  abridged  by  the  colonial  laws.    The  colonial  laws 
lof  Newfoundland,  for  instance,  in  the  matter  of  the  herring  fishery, 
iprovide  that  there  shall  be  no  herring  taken  by  or  in  a  seine  from  the 
:h  of  October  until  the  25th  of  the  following  Ajiril.    That  would  en- 
debar  our  people,  even  if  we  had  the  treaty  of  Washington  in 
joperation  to-day,  from  taking   any  herring  on  those  coasts,  as  our 
leoplense  seines  for  this  purpose,  and  under  the  gill-net  process,  which 
lie  local  law  allows,  we  could  not  pursue  the  business.    (See  Ex.  Doc. 
So.  84,  May  17, 1880 ;  alleged  outrages  at  Fortune  Bay ;   message  of 
■^sident  Hayes.) 

J 

DOMINION  FISHERIES  STIMULATED  BY  THE  TREATY  OF  1854. 

There  is  no  doubt  whatever  that  the  fisheries  of  the  Dominion  were 
fctiiiml<ited  after  the  treaty  pf  1854  went  into  operation,  and  for  this 
pm  Their  fisheries  had  been  conducted  in  boats  almost  entirely  pre- 
jioas  tD  that  time,  had  been  carried  on  in  small  boats  from  the  shore, 
JBd  tho  mackerel  fisheries  had  not  amounted  to  much.  But  having  the 
pted  States  as  a  free  market,  and  the  United  States  being  the  prin- 
Tial  market  for  mackerel,  their  fisheries  were  stimulated  to  such  an 
^tent  that  towards  the  end  of  that  treaty,  in  1866,  they  had  a  very 
F?e  Heet  of  vessels  engaged  in  the  mackerel  fishery.  After  the  termi- 
pn  of  that  treaty  those  vessels  gradfually  went  into  other  business, 


H^^ 


AMERICAW    FISIIEUY    INTKllKSi'S. 


uutil  at  luHi  it  uiiiouiited  to  voiy  littlo.  Hut  when  tho  tieiity  of  i)j;;j 
cam«i  into  etfuiit  thou  it  wiw  tluit,  having;  our  inw  iiiark<!t8an(iukiioffi. 
edge  of  tho  value  of  tho  inaokerel  fluhory,  thoir  fleets  increasiMl.  I  Imvu 
here  aoino  utatistica  that  were  gatheved  l)y  tho  coiniuitteo  th.it  visited 
VVashinKton  diirinjf  the  hust  .session  of  Congress,  in  which  I  (hnl,  from 
Canadian  Bouices,  that  in  1873  they  iiiul  about  lOli  vessels  aiid  aiwiit 
9,000  boats;  that  in  1885  they  had  soinewheio  in  tho  vicinity  of  l,ii; 
vessels  and  28,472  boats,  an  increase  of  almost  Mi)  per  cent.  1  alsoliml 
from  the  same  statistics  that  in  lHT,i  tho  fishing  tonnajje  of  the  United 
iStatcs  was  about  109,519,  and  in  1884  it  was  70,137  tons,  a  loss  aiiioiint- 
ing  to  33,382  tons,  or  a  fraction  over  30  per  cent. 

C0DFI8H1NG  OUTSIDE  OF  NATIONAL  JURISDICTION. 

It  has  been  assumed  by  tho  English  Government  t'jat  we  jmrsiied 
tho  cod-fisheries  inshore  along  their  coasts,  but  1  think  tliat  the  com- 
uiittco  by  ail  examination  of  the  map  will  see  that  the  cod  (islicrv  is 
pursued  almost  entirely  on  tho  banks  outside  of  all  national  jurisdic- 
tion. The  oulj'  use  wo  make  of  their  shores  in  this  fishery  is  to  go  in 
for  bait. 

BAIT. 

That  matter  of  going  in  for  bait  is  one  whicli  has  caused  a  great  deitlj 
of  trouble  on  that  coast.     In  tho  Fortune  Bay  case,  when  our  vessels! 
attempted  to  take  herring  for  bait,  they  were  driven  oflf  by  tho  iiiol»,iuiil 
they  found  that  it  was  impossible  to  take  herring  or  any  other  fish  on  that 
shore,  because  it  deprived  the  inhabitants  of  about  tiieir  only  ineansof 
living.    Newlbundlaud  has  no  agriculture  of  any  conseciueiico,  no  com- 
merce, and  no  manufactures;  she  has  nothing  but  this  fishing,  and  tlio 
people  who  live  along  tho  shores  must  either  have  tiiis  llsliing  or  iimstj 
starve.    Our  people  have  been  in  tho  habit  of  going  there  for  bait,  aiul  1 
it  was  well  known  that  the  inhabitants  would  rather  our  jjeople  would 
come  there  and  buy  bf-o  than  not.    But  1  think  it  must  be  admitted 
that  the  whole  action  of  tho  Canadian  Government  in  this  direction 
has  largely  a  political  basis.    Tlie  interests  of  those  poor  lisliennen  are  j 
not  to  any  extent  represented  in  iheir  public  prints  or  their  parllaraeut- 
ary  debates. 

HALIBUT.  .  : 

Tho  halibut  fishery  at  one  time  was  (luite  extensive  on  Geoiitesj 
Banks,  but  at  present  we  do  not  catch  many  halibut  there,  but  coiifi!«li| 
and  haddock  and  mackerel  in  their  season.  Nearly  all  of  tho  lialibiitj 
are  brought  in  preserved  in  ice,  and  thoy  are  becoming  a  luxury  in  tliej 
market.  A  few  vessels  flitch  their  halibut  and  salt  tbeiu  in  bulk  in  the  j 
vessel.  These  are  smoked,  and  in  this  form  are  fully  equal  to  smoked, 
salmon  in  flavor  and  richness. 


FRESH  FISH. 

I  wish  to  say  one  word  at  this  point  in  regard  to  the  matter  of  ftesli 
fish.  By  the  tariff  act  tho  language  "  fish,  fresh,  for  consumption,'  on 
"for  daily  consumption,"  was  intended  to  refer  to  fish  brought  iiitq 
port  to  be  eaten  by  the  local  inhabitants.  In  1861,  when  this  claa.>^ 
was  inserted  in  the  tariff,  we  were  uot  packing  our  fish  in  ice  to  tlie  exj 
tent  we  are  now,  and  it  was  not  known  to  the  legislators  to  \v)iat  exi 
tent  this  business  would  grow.    This  language  of  the  tarill'  act  ol  thai 


AMERICAN   FISHERY   INTERESTS. 


789 


rear  JKis  bcou  carried  along  in  subsoquont  cnactmentH  fk'om  time  to 
"tiino,  witliont,  porhapn,  an  inquiry  into  the  matter,  so  that  to-day  we 
b:ive  it  upon  the  tariff  list,  "  flsh,  fresh,  for  daily  consnmption,  free." 

By  Senator  Saulsbuey  : 

Q.  In  tlio  word  "  daily  "  used  ? — A.  Yes,  sir. 

SoiiiUor  Feye.  It  is  not  "  daily";  it  is  "flsh,  fresh,  for  immediate  con- 
sumption"; that  is  the  present  lanj^usifje. 

SeiuUor  EDMUNDS.  1  suspect  that  Mr.  Babson  has  taken  the  lan- 
guage i'l'oni  some  book  of  regulations,  and  not  the  statute. 

Tlio  Witness.  I  take  the  language  from  the  Customs  and  Tariff 
Regulations  of  the  Bureau  of  Statistics. 

Senator  Feye.  I  am  sure  that  in  the  statutes  you  will  find  it  "flsh, 
fresu,  '.or  iinniediato  consumption." 

.Senator  Edmunds  (to  the  witness).  You  can  go  on. 

Tlie  Witness.  The  question  of  immediate  consumption,  of  course. 
asapplietl  to  fish,  was  construed — and  1  have  so  decided  in  my  officia. 
fliaracter  as  collector-— to  mean  fish  that  could  be  consumed  without 
any  artilicial  process  of  pr«^servation,  that  could  be  consumed  imme- 
diately upon  being  landed.  The  schooner  Neskaleta  came  into  this 
port  with  a  load  o'"  halibut.  As  collector,  I  imposed  duties,  under  the 
present  taritf,  on  that  halibut  as  for  preserved  fish,  on  the  ground  that 
it  was  not  fresh  in  the  sense  contemplated  by  the  tariff  law  when  pro- 
viding that  fresh  fish  should  be  admitted  free.  The  question  was,  of 
course,  referred  to  the  Treasury  Department,  and  the  decision  came 
tliatit  was  to  be  considered  as  "  fish,  fresh,  for  immediate  consumption." 
I  The  regulation  concerning  importation  of  flsh  is  this:  that  the  flsh 
I  sliall  bo  landed,  but  if  it  is  smoked  or  salted  it  shall  be  dutiable.  It 
would  be  utterly  impossible  for  the  custom-house  officials  to  follow  the 
1  to  any  other  place  to  see  how  they  were  treated  or  in  what  manner 
I  they  were  disposed  of.  Therefore  it  seemed  to  be  almost  an  anomaly 
iiitlie  decision  that  fresli  fish  after  passing  out  of  the  hands  of  the  cus- 
toms otllcials  should  be  considered  free  under  that  clause,  in  the  manner 
ill  which  the  Treasury  Department  ruled.  But  still  that  was  the  ruling 
|of  tlie  Department,  and  we  had  to  submit  to  it.    I  have  in  my  mind, 

)wever,  a  very  strong  impression  that  it  never  was  intended  by  the 
[uriffactto  make  that  disposition  of  ice-preserved  fish. 

Senator  ]i)dmunds.  I  have  referred  to  the  Revised  Statutes  of  1873, 

ml  find  that  the  language  is,  "  fish,  fresh,  for  immediate  consumption." 

Tlie  Witness.  It  has  been  seen  by  the  committee  to-day  that  the 
Usb  when  landed  from  the  vessels  are  certainly  three  or  four  weeks  old. 
jTliey  cannot,  therefore,  be  fresh  fish,  and  they  may  be  kept  six  ot  seven 

weks.  It  has  been  said  here  in  evidence  that  Mr.  Snow  and  others 
I  iiiive  buildings  in  New  York  where  they  keep  fish  months  and  mouths. 

Senator  Edmunds.  No  doubt  the  construction  of  the  language  would 
I  refer  to  fish  uusal  ted. 

The  Witness.  Fish  in  their  natural  state  and  without  artificial  pres- 
|tnation  I  should  consider  fresh  fish. 

.  Senator  Saulsbury.  "Fresh" is  used  in  contratlistinction  to  "salt," 
lltliiiik. 

The  Witness.  Canada  imposes  a  duty  of  1  ceiit  per  pound  on  all  flsh, 

W!li  or  salted. 

MACKEREL  FlSH^a. 

Years  ago,  when  we  fished  for  mackerel  with  hook  and  line  only,  our 
's  went  into  the  Gulf  of  St.  Lawrence,  and  they  used  to  carry 


m 


790 


AMERICAN    FISHERY    INTERESTS. 


meuhadcu  lor  bait.  Tho  ineuliaden  did  not  go  further  nordi  liiaiitlie 
Maiiiu  shoreH,  and  coiiscfjncntl.^  were  not  available  to  the  ]>iiiisli  lish. 
erinen.  The  vesHels  used  to  <!arry  Ironi  50  to  100  barrels  of  bait  to  the 
bay.  It  was  ground  line,  and  being  of  an  oily  nature  would  keep  mar 
the  Hurfaee. 

Senator  Edujunds.  Tiiat  is  what  we  eall  chump. 

The  Witness.  Yes,  sir.  They  would  throw  the  bait  overboard,  ami 
that  wonld  attract  the  ILsh  and  keep  them  together.  The  vessels  would 
not  go  any  farther  from  shore  than  it  was  necessary  to  go  for  the  fish, 
The  vessels  of  the  United  States  used  to  take  a  great  many  inackcnl 
perhai)S,  nearer  iniihore  than  they  do  now.  But  when  the  seine  came 
into  o])eration,  then,  of  course,  the  whole  system  changed.  As  a  rulcMnir 
vessels  use  no  bait  whatever  now ;  they  carry  seines,  and  very  few  in- 
deed  have  anything  to  do  with  the  hook. 

* 

SEINE  FISHING. 

In  seining  operations,  as  explained,  they  are  obliged  to  have  deep  ] 
water.    1  have  had  numerous  statements  from  the  captains  of  vessels] 
as  to  injuries  to  their  seines  by  attempting  to  seine  anywiiere  near  the 
shore,  when  we  had  a  right  to  do  so  under  the  treaty  of  AVasbiiigti 
They  have  not  been  able  to  use  their  seines  to  any  great  extent  near  J 
the  shore,  even  when  the  fish  1,'ave  been  there. 

MACKEREL— WHEEE  TAKEN. 

Speaking  of  mackerel  and  where  they  are  taken,  in  1881  aii(11882\Tej 
took  so  nmny  off  our  own  coast  that  we  had  no  vessels  at  all  ia  fliej 
Gulf  of  St.  Lawrence.     I  think  we  had  only  one  or  two,  or  i)erlia|i!i| 
three,  in  1881,  and  one  in  1882;  those  are  all  the  vessels  wo  liadtliere] 
to  take  mackerel  in  those  years.    It  is  very  apparent,  therefore,  thiii^ 
only  in  such  exceptional  years  as  this,  1880,  for  instance,  tlic  gull'  M 
ery  is  of  any  value  to  ns.    I^ast  year  there  were  some  405,000  bane 
of  mackerel  taken,  and  only  some  20,000  taker'  in  the  Guif  of  St.  LiwJ 
rence,  only  about  0,000  of  whieli  were  taken  inside  of  the  three  inilesi 
In  regard  to  the  taking  within  three  miles,  I  will  state  that  some  fefl 
years  ago  I  suggested  to  the  Treasury  Department  the  propriety  o! 
issuing  a  circular  to  the  collectors  of  ports  calling  upon  them  to  proeiir^ 
from  the  captains  of  vessels  statements  as  to  where  their  lish  were  pro 
cured  and  how  many  were  taken  within  and  how  many  witboiit  M 
three  miles.    Those  statements  should  be  on  the  filea  of  the  l)epar!| 
meut  now.      If  so,  they  are  correct,  and  will  show  very  clearly  just  t 
amount  of  mackerel  taken  within  and  without  tJie  l"nit. 

VALUE  OF  FISH  AS  COMPARED  WITH  COST  OF  TAKING. 

In  listening  to  the  evidence  today  I  did  not  hear  a^y  of  tlie  fitter! 
or  captains  of  vessels  state  anything  as  tA>  the  relative  value  ot'tliefisl 
as  compared  with  the  expense  of  producing  them.    There  is  biitlittif 
doubt — and  compilations  have  been  made  by  various  flshernieii  iiere  i 
Gloucester — taking  into  consideration  the  wear  and  tear,  insuriiiice._ 
fair  rate  of  wages  for  the  crews,  and  other  expenses,  and  seliin?;  fjj 
flah  at  a  fair  valuation,  tliat  the  product  of  the  flsli,  taicen  asu  wlwl 
will  amount  to  any  more  tiian  the  expenditures.     Fish,  like  auyofij 
raw  material,  are  valueless  in  the  ocean  until  caught.    There  is  aiiotii 
point  in  connection  with  this  subject  wiiic!-.  it  may  be  well  toconsKitj 


as  bearing  upon 

orafari;i,  or  ali 

with  a  certain  a 

are  not  sure  of  r 

attaclied  to  it. 

\mji  iil)le  to  d 

iieiitlyj  tiiey  art 

are  twenty  or  fo 

produce  the  fisl 

cannot  agree  to  ( 

tit\,  it  seems  to 

tbt'ir  '.j.shore  flsl 

.sfatiisfcics  l)y  whi 

return  for  anyth 

the  Halitiax  Con 

part  of  the  ICngI 

would  certainly  i 

broadly  made  (lu 

actually  ad<l  tliat 

AVERAGE  PRI, 

As  that  matter 
liavea  table,  that 
ofthe  prices  of  mfi 
18o;{,  tbe  duties  a\ 
3,  averaged  $10.42 
itj-  treaty  for  thirt 
'or  Ih.  2,  and  $ih 
t«een  the  termimi 
$14.10  for  No.  1,  $ 
period  from  the  ti 
aged  per  barrel  $ 
That  will  show 
tiirilf  laws  have  n^ 
and  demand  has 
year. 

LEGISLATION  SI 

I  wish  to  make 
tlie  producing  int 
(Gloucester  net  th 
^ents  a  j)ound.  . 
P-oducer  and  cons 
retader,  ;ind  the  ti 
Miennan,  who  eaj 
|«imtliim  in  conn 
liiai  unfavorably, 
''•"  -^  tu  the  can 
Piiy  for  bis  fish. 

CNCERTAINTY    OF 

^Vhen  W(>  have 

\^J  a  guarantee  x 

">t'ie  alleged  treat 


P 


AMERICAN   FISHERY   INTERESTS. 


791 


asbeariiijj  upon  treaties,  and  that  is  tins :  Take  a  factory,  for  ip.atance, 
or  a  farm,  or  almost  any  qtlicr  kind  of  busiues's,  and  we  will  find  that 
with  a  certain  amount  of  mateiial  we  will  have  certain  results.  But  we 
are  liot  8ure  of  results  ia  the  hshin;;  busineHS.  There  is  no  certainty 
attached  to  it.  It  is  a  precarious  business.  And  as  regards  Canada 
boiiiK  iihle  to  deliver  anything  to  us,  the  fish  are  not  there  perma- 
nently; tiiey  are  inside  the  three-mile  limit  today  and'to  morrow  they 
lire  twenty  or  forty  miles  oif.  Then,  .again,  it  costs  Canada  nothing  to 
produce  the  fish.  They  are  not  property  in  hand.  The  Canadians 
eamint  agree  to  deliver  smy  amount;  and  being  such  an  uncertain  quan- 
tity, it  seems  to  me  that  it  would  be  impossible  to  njeasure  the  value  of 
tbeir  '.;.shore  fisheries,  and  in)i)ossible  that  they  could  give  any  sort  of 
statiistics  by  which  we  could  bo  assured  of  any  adequate  and  certain 
return  for  anything  we  niijilit  ])ay  for  privileges.  When  I  was  before 
the  Haliftix  Commission  1  found  that  the  general  impression  on  the 
part  of  the  English  managers  was  that  by  the  increase  of  duties  we 
would  certainly  increase,  tiie  piicie  of  the  mackerel.  The  assertion  was 
broadly  made  that  if  we  added  iftlO  to  tie  duties  on  mackerel  we  should 
actually  add  that  amount  to  the  price  to  the  consumer. 

AVERAGE  PRICE  OF  MACKEREL  UNDER  DIFFERENT  TREATIES. 

As  that  matter  has  come  before  the  committee,  I  would  say  that  I 
liavo  a  table,  thati  com])iled  myself  from  the  best  authenticated  sources, 
of  the  prices  of  mackerel.  For  twelve  years,  from  1842  to  and  including 
1853,  the  duties  were  $2  in  gold  per  barrel,  and  mackerel,  Nos.  1, 2,  and 
3,  averaged  $10.42,  $7.50,  and  $5.00,  respectively.  Under  the  reciproc- 
ity treaty  for  thirteen  years  the  gold  value  was  $13.57  for  No.  1,  $9.70 
for  No.  2,  and  $0..37  for  No.  3.  The  average  prices  for  the  period  be- 
tween the  termination  of  recii)rocity  aiul  tlie  treaty  of  Washington  were 
$14.10  for  No.  1,  $8.31  for  No.  2,  and  $0.2 1  for  No.  3.  The  prices  for  the 
period  from  the  treaty  of  Washington  to  the  present  time  have  aver- 
ajredper  barrel  $14.98  ibr  No.  1,  $8.37  for  No.  2,  an<l  $5.85  for  No.  3. 

That  will  show  that  the  dutit^s  that  have  been  im]>osed  under  our 
tariff  laws  have  not  had  the  effect  to  r.iioc!  the  prices  at  all.  Supply 
and  demand  has  been  the  governing  cause,  as  is  distinctly  shown  this 
year. 

LEGISLATION  SHOULD  BE  IN   THE  INTEREST  OF  THE  PRODUCER. 

I  wish  to  make  this  point  very  strongly:  that  Gloucester  represents 
the  producing  interest.  The  fish  that  are  sold  from  the  vessels  in 
Gloucester  net  the  fishermen  from  a  half  cent,  perhaps,  up  to  2  or  2J 
cents  a  pound.  Any  future  legislation  affecting  the  prices  between 
producer  and  consumer  ought  to  apply  to  the  wholesale  merchant,  the 
retailer,  and  the  transportation  (lompany,  rather  than  to  the  producing 
yierinan,  who  earns  less  than  $300  a  year,  tor  it  would  be  a  hardshij) 
toiratliiiu  in  connection  with  the  details  of  a  trade  that  might  .affect 
Mm  unfavorably,  perhaps,  in  certain  seasons,  and  give  a  wrong  impres- 
8i»'i .  i  tv»  the  cause  of  the  high  ju-ice  thr5  distiuit  consumer  may  have  to 
pay  for  his  fish. 

UNCERTAINTY    OF    THE    FISHING    BUSINESS    ITNDER    CONGRESSIONAL 

LEGISLATION. 

When  we  have  n  treaiy  of  feciprocity  with  Canada  we  simply  give 
[them  a  gujirantee  for  twenty  years — I  think  that  is  the  time  i>ropo8ed 
in  the  .alleged  treaty  that  has  apjieared  in  the  newspapers — that  they 


It  "if 


792 


AMERICAN   FISHERY   INTERESTS. 


can  pursue  their  busiuess  and  know  what  time  they  have  before  them 
and  what  they  are  going  to  do.  But  take  the  case  in  the  United  States. 
We  have  no  guarantee  here,  only  from  Congress  to  Congress,  of  any 
certainty  of  the  perpetuity  of  our  Ashing  business;  our  vessel-owner^ 
who  have  their  money  invested  in  vessels  have  no  guarantee  from  the 
United  States  Government  whatever  of  the  perpetuity  of  their  busi 
ness.  Our  foreign  trade  has  almost  gone  from  us.  The  men  who  com- 
pose the  crews  largely  of  the  vessels  engaged  in  that  trade  are  not  the 
men  who  emigrate  to  this  country  and  stay  here;  they  may  almost 
be  said  to  constitute  a  population  with  no  nationality,  giving  their  al- 
legiance to  the  best  price  paid  for  their  service. 

OUR  NAVY  TO  BE  RECRUITED  FROM  OUR  FISHERMEN. 

The  United  States  to-day,  as  a  consequence,  has  no  proper  material 
from  which  to  create  a  navy  except  that  now  engaged  in  the  fisliing 
business.  The  value  of  the  fisheries  as  a  basis  for  a  ijavy  is  sustained 
by  all  history  of  maritime  nations,  and  would  receive  the  indorsement 
of  every  experienced  officer  in  our  own  Navy.  •     . 

LACK  OF   CONFIDENCE  IN  THE  FISHING  BUSINESS. 


If  Gloucester,  Newburyport,  Beverly,  Salem,  or  any  of  these  towns 
along  the  coast  where  I  have  been  .^r>ul(   "nly  have  a  guarant.'e  from 
the  United  States  Government  tha<  t':^         usiness  could  be  pursued 
without  interlerence,  and  that  they  could  have  the  market  of  the  United 
States  without  being  subjected  to  onerous  competition,  they  would  feel 
that  it  would  afford  them  a  reasonable  profit,  and  it  would  tend  largely 
to  inspire  confidence  in  them  and  increase  the  business.    Confidence  is  i 
the  great  thing  that  is  needed  to-day.    I  know  the  anxiety  of  our  peo 
pie.    I  know  how  they  have  felt  here  for  years,  and  of  course  I  cau  j 
speak  understandingly  of  this  matter.    I  do  not  know  what  can  be  | 
done,  unless  Congress  should  pass  a  law,  if  possible  to  do  so — I  do  not 
know,  but  hope  it  can  bo  done — that  lor  the  future  the  United  States 
will  regard  all  these  fisheries  as  belonging  exclusively  to  ourselves,  and  1 
they  are  not  to  bo  made  the  subject  of  treaty  negotiations  with  aii.vi 
nation.    We  have  our  organizations  and  .associations  for  the  protectiou! 
of  things  on  shore,  but  at  the  same  time  the  Government  is  not  expend-f 
ing  a  single  cent  for  the  benefit  of  these  seafaring  men.    Our  coastinuj 
trade  has  never  been  subject  to  the  competition  o''  'broigners.    The  fisli- 
cries  shouhl  be  placed  upon  the  same  basis,  an{*  '■''•vn)  them  both  would} 


bo  constituted 
war. 


a  marine  force  equal  to  every 


BOUNTIES  TO  FISHERMEN. 


.,oncy  of  peace  orl 


There  is  no  class  of  men  so  well  trained  for  the  sea  a3  these  fishermen^ 
and  there  is  no  other  nation  of  any  consequence  in  the  world  that  has 
not  for  years  i)aid  and  is  now  paying  its  fishermen  a  bounty  iu  soma 
form.  Canada  is  paying,  out  of  the  interest  on  the  $5,500,000  paid  li"? 
by  our  (government,  and  will  continue  to  p.ay,  a  bounty  to  her  flsheruuij 
of  $5  or  fjJlO  each.  She  pays  out  annually  to  her  fishermen  in  bounties 
something  like  $200,000  or  $300,000.  She  has  some  60,000  men  who  arj 
available  to  England  as  sailors  in  case  of  war,  and  upon  those  inej 
England  can  <lraw  to  recruit  her  navy.  As  bais  bei  n  stated  to-day, lui''<4 
young  men  who  come  here  from  the  Proviuces  you  find  younfe',  ahl«j 
and  willing  to  work.    It  would  cost  at  least  ■*2,000  to  raise  !»ayone( 


AMERICAN   FISHERY   INTERESTS. 


793 


those  ycuDj;  men  here,  but  by  their  coiniug  wo  gain  splendid  seamen 
without  cost  and  Enghmd  loses  them. 

By  Senator  Edmunds  : 
Q.  If  they  do  not  get  naturalized  after  coming  here,  we  do  not  secure 
their  services  in  case  of  war  with  England. — A.  Of  course  we  know 
liiat  no  man  can  command  an  American  vessel  uuless  he  is  naturalized. 

SERVICES  OF  THE  FISHERMEN  IN   CASE   OF  WAR. 

Q.  You  are  speaking  of  the  value  of  this  fishing  education  in  case  of 
war.  If  they  are  not  naturalized  American  citizens,  of  course  they 
could  not  fight  against  their'own  country,  no  matter  how  long  they  had 
been  catching  fish  for  us.—  A.  That  is  true;  but  they  do  get  naturalized ; 
that  is  almost  a  necessity ;  the  best  men  ai nong  them  are  those  who 
naturally  aspi'">  to  command  vessels,  and  ^t  is  a  necessity  for  them  to 
become  naturt^azed  in  order  to  have  their  ambition  satisfied  in  that 
regard. 

RIGHTS  OF  FISHERMEN  UNDER  THE  TREATIES. 


I  suppose  the  committee  are  versed  in  the  nature  of  the  papers  issued 
I  by  the  United  States  to  our  vessels.    I  have  with  me  here,  for  the  con- 
sideration of  the  committee,  what  is  called  a  shipping  paper,  that  simply 
shows  the  manner  in  which  the  men  ship  on  board  our  vessels.    1  have 
also  a  permit  to  touch  and  trade.    As  we  are  now  acting  under  the 
treaty  of  1818,  it  is  very  apparent  that  we  have  our  rights  there  on  that 
coast,  under  that  treaty,  to  go  in  for  wood,  water,  and  shelter.    Now  I 
claim  that  Canada  has  no  right  <"o  abridge  any  of  our  rights  under  that 
{treaty  by  passing  any  law,  customs  or  otherwise;  nor  has  she  any  right 
to  impose  penalties  for  alleged  violations  of  such  laws,  when  our  vessels 
jare  doing  nothing  more  than  they  liave  the  right  to  do  under  the  guar- 
jantees  of  that  treaty. 

Q.  Do  you  not  think  the  British  have  a  fair  right  to  make  proper  and 
Ireasonablo  regulations  in  respect  of  vessels  of  this  character,  in  order  to 
Idistinguish  them  from  trading  vessels  that  might  be  engaged  in  smug- 
jgling, for  instance? — A.  I  consider  that  they  would  have  a  right  to 
liake  all  proper  and  necessary  inspections  through  tlieir  local  ollicors ; 
Ibnt  1  do  not  think  they  have  a  right  to  impose  any  such  regulation  upon 
jour  vessels  as  will  oblige  them  to  report  their  arrival  immediately  to  a 
jtastomhonse  which  may  be  five  or  ten  miles  away,  subject  to  a  fine  of 
VM  if  they  fail  to  do  so.  That  question  was  discussed  in  the  argument 
jbetween  Mr.  Evarts  and  Lord  Salisbury  in  the  Fortune  Bay  case.  Lord 
jSalisbury  was  at  that  time  at  the  head  of  the  English  Government,  Jind 
|te resisted  Mr.  Evarts's  claim.  Afterwards,  however,  when  Mr.  Glad- 
cue  came  into  power,  the  demand  was  acceded  to,  and  $75,000  indem- 
nity was  paid.  In  the  course  of  his  argument  in  that  case  Mr.  Evarts 
Baintained  vigorously  that  no  local  law  of  the  Dominion  or  of  New- 
'ondland  could  .in  any  way  impair  the  rights  of  our  vessels  by  imposing 
iny  disabilities  upon  them  when  acting  in  conformity  with  the  terms  of 
te  treaty. 

Q.  Does  not  the  treaty  provide  that  they  may  make  reasonable  regu- 
itions!— A.  Such  regulations  as  shall  prevent  them  from  abusing  the 
nvilegs. 

Q.  Then  the  question  becomes,  what  is  reasonable  under  the  circum- 

lances  t—A.  Yes. 


794 


AMERICAN   FISHERY   INTERESTS. 


By  Seuator  Satilsbury  : 

Q.  Who  is  to  judge  of  that? — A.  Tlio  United  States  and  Great  Brit 
ain,  who  are  the  supreme  powers  and  who  agreed  to  that  treaty—not  i 
the  Dominion.    They  have,  however,  put  their  own  construction  upon 
it.    In  former  years,  under  the  permit  to  touch  and  trade,  any  fisliini; 
vessel  could  go  into  a  Canadian  port,  and  if  she  had  failed  to  get  a  full 
trip,  or  had  any  other  reason  for  so  doing,  she  might  partially  load  with! 
oats,  potatoes,  or  other  products  of  those  Provinces,  and  there  wasnol 
question  whatever  in  regard  to  it.    We  acquired  no  commercial  rights  1 
whatever  by  the  treaty  of  Washington  (simply  the  right  to  takefishl 
within  three  miles  of  the  shore).   The  laws  of  Canada  were  the  same  then  I 
as  now ;  we  had  the  treaty  right  to  llsh  within  her  jurisdiction;  n\ 
now,  under  the  treaty  of  1818,  go  in  for  wood,  water,  and  shelter. 

If  it  is  necessary  now  to  report  at  the  customhouse  to  show  the  cliarl 
acter  of  our  business  when  we  go  for  shelter,  why  not  then  when  we  went 
to  fish  or  to  buy  bait?  The  treaty  of  1818  had  been  in  existence  sixtj-j 
eight  years,  and  our  vessels  have  exercised  their  treuty  rights  under  it 
v/ithout  customs  interference  until  now.  There  is  a  reason  for  this  sndl 
den  action.  Under  the  treaty  of  Washington  we  received  no  comniercia 
privileges  whatever.  They  had  just  as  much  right  to  impose  these reg4 
ulations  making  it  necessary  for  our  vessels  to  report,  or  to  refuse  tof 
recognize  the  authority  of  the  United  States  as  exhibited  iu  permits  t 
.touch  and  trade,  as  they  have  now.  But  this  is  used  at  present  fori 
purpose — to  force  us  into  a  reciprocity  treaty.  There  is  noquestioj| 
whatever  about  it.  Their  parliamentary  debates  show  it.  The  Unite 
States  has  provided  that  a  vessel  with  a  fishing  license  has  a  right  t 
have  a  permit  to  touch  and  trade,  and  with  such  a  permit  she  has  i 
right  to  go  into  a  foreign  port,  to  a  Dominion  port,  and  there  and  thei| 
exercise  the  same  rights  that  she  would  have  under  a  register. 

Q.  She  becomes  for  that  purpose  a  trading  vessel? — A.  Ifthecaptai^ 
of  a  vessel  sees  fit  to  change  the  character  of  his  voyage  by  the  operatio 
of  that  paper  he  can,  and  when  he  returns  to  the  United  States  hewij 
have  to  pay  entrance  fees  and  tonnage  di  os  as  he  would  have  to  (B 
under  a  register.    If  he  does  not  use  his  permit  to  touch  and  trade,! 
has  no  effect  whatever.    At  the  same  time  vessels  which  have  such] 
mits  have  a  perfect  right  to  go  in  and  buy.    The  Dominion  of  Canadj 
liowever,  has  said  that  she  would  not  recognize  this  authority  of  tl( 
United  States,  and  it  has  been  set  at  defiance,  and  our  Government  I'| 
made  no  remonstrance.    I  have  made  every  endeavor  I  could,  as  an  i 
dividual,  to  get  some  definition  of  the  rights  of  our  people  in  thisresjie 
but  have  never  yet  been  able  to  do  it  from  the  present  Adniinistratio 

The  act  of  Canada  in  refusing  American  vessels,  having  proper  j 
thority  from  th'?  United  States,  to  tra  le  iu  foreign  ports,  (viz:  a  peru 
to  touch  and  trade,)  is  absolute  non-intercourse,  and  should  bo  regard^ 
as  such  by  our  Government. 

THE  HERRING  FISHERY. 

The  herring  fishery  is  pursued  almost  entirely  Jis  a  mercantile  traj 
action.  Our  vessels  go  there  and  buy  the  herring,  or  hire  men  to  ca 
them.  If  that  fishing  should  fail,  the  inhabitants  would  hi' ve  to  star 
In  the  course  of  my  visits  to  the  Dominion  I  have  learned  that  alo| 
those  coasts  the  inhabitants  for  years  and  years  have  had  aiil  from  f 
Government,  and  that  the  entering  of  our  vessels  to  buy  bait  wasac 
sideration  of  great  value  to  the  poor  fishermen  along  the  coasi.  isoj 
as  the  taking  of  herring  is  concerned  it  is  of  no  real  value  to  our  peoi 


It  is  fully  as  ecc 

iierringasitistt 
iie.ring,  as  we  o 
iave  no  measun 


Q.  You  speak 

coucurrenco  of  U 

tliat  the  inshore 

Have  you  any  m( 

people f    I  under 

turn  at  night.    L 

lire  along  the  coi 

kw  years  ago  tl 

offered  to  sell  hi 

houses,  boats,  an( 

nil  the  business  h 


The  Prince  Ed^ 

shores  of  Nova  Sc 

buckwheat,  and  p( 

I  and  thus  alternate 

Q.  Is  there  a  lai 

'  nepiii)ati()ii  ? — A.  1 


Q.  I  wanted  to 
!  fries  by  Canada.— 

of  the  Atlantic  fi.v 
;  of  1880.  Accordi 
I  States  employed 

men. 

The  Canadian  vi 


Tlie  minister  of  mari 
»iM  department  for  tl 

NamkTofmenomplo 
Jomber  of  vessels        * 
J'mber  of  boats., 
laiieof  vcasols... 
h  110  of  boats.. 
Wno  of  nets,  &c  .::.•. 

['"'"lyiciaofthofishe 

N 

,  ^nthe  matter  of 
loumber  of  foreign 
port  of  Prof.  G.Broi 
""I'^'l  in  ascertain! 


AMERICAN   FISHERY   INTERESTS. 


795 


It  is  fully  as  economical  to  pay  the  local  operative  flsherraen  for  the 
berring  as  it  is  to  take  them  ourselves.  Therefore,  as  a  practical  lishery, 
heiring)  as  we  obtain  them,  cannot  be  considered  as  a  fishery,  and  can 
have  110  measure  of  value  as  a  fishery  concession. 

VALUE  OF  TTTV.  INSHORE  FISnERIES. 

Q.  You  speak  of  the  inshore  fisheries;  I  thin!,  there  is  a  very  general 
coucurreuce  of  testimony  that  has  been  eli(;ited  before  us  to  the  effect 
that  the  inshore  fisheries  are  of  very  little  value  'to  our  fishermen. 
Have  you  any  means  of  ascertaining  wliafc  their  value  is  to  the  Canadian 
people?  I  understand  that  their  fisiiermen  go  out  in  the  day  and  re- 
turn at  night.  Is  it  a  valuable  fishery  to  that  class  of  Canadians  who 
live  along  the  coast? — A.  Not  of  great  value.  I  think  it  is  but  a  very 
few  years  ago  that  an  American  located  on  Prince  Edward  lslan<l 
offered  to  sell  his  whole  establishment,  consisting  of  wharves,  ware- 
houses, boats,  and  everything  of  the  kind,  for  about  $3,000.  lie  gave 
nil  the  business  himself  and  went  away. 

FISHING  AND  FARMING. 

The  Priuce  Edward  Island  people  and  some  of  the  people  along  the 
shores  of  Nova  Scotia  do  some  farming.  They  can  raise  turnips,  oats, 
buckwheat,  and  potatoes,  and  can  also  go  out  fishing  from  the  shores, 
and  thus  alternate  their  farm  work  to  some  extent  with  fishing. 

Q.  Is  there  a  large  number  of  fishermen  engaged  in  tiiat  alternate 
occupation  ? — A.  Yes,  quite  a  number.  • 

EXTENT  OF  THE  FISHERIES. 

Q.  I  wanted  to  secure  an  estimate  of  the  value  put  upon  these  fish- 
eries by  Canada. — A.  In  making  up  what  might  be  called  the  statistics 
i  of  the  Atlantic  fisheries  at  present  I  have  consulted  the  census  reports 
1  of  1880.  According  to  that  census  the  fishery  industries  of  the  United 
States  eiuployed  about  130,420  persons,  of  whom  101,684  were  fisher- 
I  men. 

The  Canadian  valuation  is  as  follows : 


Extent  and  value  of  the  Canadian  fisheries. 

Ottawa,  Oxtauio,  May  28, 188i). 

The  minister  of  marine  and  fisheries  has  laid  upon  the  tabic  the  report  of  the  fisn- 
I  etiea  department  for  the  year  18!^5 : 

Knmkrof  men  employed » fii),  403 

Snmbcr  of  vessels 1,117 

Xnmberof  boats 28,472 

Value  of  vessels $2,0'Jl,(i3;? 

Value  of  boats 8r)!i,2r>7 

Valno  of  nets,  «&o 1,^19,2(54 

Total  value  of  the  fishing  plant (i,  097,400 

jTotiilyielilof  the  fisheries,  1885 17,702,97:$ 

NATIONALITY  OF  THE  FISHEUSIEN. 

In  the  matter  of  the  nationality  of  tli(^  li>;hft'iii<'ii  we  find  that  the 
humberof  foreign  fishermen  in  the  Fiiitrd  States,  iutdording  to  the  re- 
jport  of  Prof.  G.  Brown  Goode — and  I'rofessor  Goodc.  was  very  thorough 
mm\  in  ascertaining  all  the  facts  connected  with  liis  census  report— 


79G 


AMERICAN   FISHERY   INTERESTS. 


',  tllO.S(! 

1.  to  12  per 


excluding  tho  .5,000  uogroes  and  8,000  Indians  and  Esquii 
who  wore  considered  not  to  l)o  native  born,  did  not  excec(' 
cent,  of  tho  whole  number.    That  is  the  official  report. 

I  do  not  know  what  other  pointw  there  may  be  in  regard  to  which  the 
committee  may  desire  information}  but  if  there  is  any  question  you  wish 
to  ask  I  shall  be  very  happj'  indeed  to  answer  it  if  I  can. 

INSHOKE  FISHERIES. 

By  Senator  Fbye  : 

Q.  Did  you  see  the  returns  where  it  had  been  undertaken  to  ascer- 
tain what  proportion  of  the  AhIi  were  taken  inside  the  three-mile  shore 
line? — A.  Yes. 

Q  Do  you  know  what  they  showed? — A.  They  showed  a  very  small 
percentage  indeed,  not  more  than  one-eighth  or  one-tenth  of  the  catch 
in  the  Gulf. 

Q.  That  is,  out  of  the  whole  catch  in  the  Gulf  not  more  than  one- 
eighth  or  one-tenth  was  taken  within  the  tlireo  miles?— A.  Yes. 

THE  HEADLAND  QUESTION. 

The  question  of  the  headlands  is,  of  course,  one  that  is,  I  think,  of 
national  importance.  Our  rights  should  be  settled  by  the  United  States 
asserting  and  maintaining  some  position.  Our  fishermen  have  been  ua 
certain  as  to  their  rights  in  many  cases  on  account  of  the  lack  of  any 
position  having  been  taken  by  our  Government  with  reference  to  their 
rights  in  those  waters,  and  where  there  have  been  disputes  our  tisher 
men  have  had  trouble  on  that  account. 


of  the  fishing  ve! 


SEIZURE   OF  A  VESSEL  AT  SHELBURNE. 

A  very  short  time  ago  a  report  was  forwarded  to  the  State  Depart 
ment,  through  Mr.  Steele,  the  president  of  the  Fisheries  Union,  in  re- 
gard to  a  seizure  at  Shelburne.  I  made  the  report  for  the  captain,  who  j 
told  me  that  he  went  into  Shelburne  Ilarbor  last  March,  and  when  1 
anchored  off  the  quay  they  seized  his  vessel,  when  he  had  only  been  in  j 
twenty-four  hours  without  reporting  to  the  custom-house.  He  went  in  j 
at  3  o'clock  at  night.  The  practice  here  in  Gloucester  has  been  thatifj 
vessels  are  hero  but  twenty-four  hours  they  are  never  expected  to  make! 
any  direct  report  to  tho  custom-house;  if  they  make  a  report  to  the! 
boarding  officer  it  will  be  sufficient,  as  per  Customs  Kegalations,  audi 
in  case  of  stress  of  weather  it  has  never  been  considered  right  to  t'orcej 
vessels  to  enter  when  putting  into  the  outer  harbor  for  shelter  only.  Thef 
customs  laws  of  the  United  States  are  enforced  upon  the  basis  of  com-i 
mon  sense  and  common  humanity. 

THE  HEADLAND  QUESTION. 

By  Senator  Saulsbuet: 
Q.  Has  there  been  any  claim  asserted,  practically,  by  the  British  Govj 
ernment,  which  sought  to  exclude  our  people  from  a  line  drawn  froir 
headland  to  headland,  where  it  was  more  than  three  miles  from  shore!- 
A.  There  never  has  been,  except  up  to  the  time  of  the  correspondenca 
between  Lord  Aberdeen  and  Mr.  Everett  (May  10,  1845)  in  regard  t(j 
that  matter.  The  English  Government  withdrew  from  its  first  positioa 
on  that  question,  but  has  never  abandoned  the  claim. 


AMElilCAN    FIHIIEUY    INTliltESTS, 


VJl 


Q.  My  qucatiou  is,  whether  there  has  been  any  praetieal  attempt  to 
exclude  our  fishing  vessels  from  a  line  drawn  from  headland  to  head- 
land, where  such  a  line  would  be  more  than  three  miles  from  the  shore  ? — 
A.  Not  at  all,  so  far  as  I  know.  It  has  been  reported  in  newspapers 
that  our  vessels  have  been  excluded  this  year  from  the  Bay  of  Ohalcur. 

PRICES  OP  FISH  TO  THE  OONSUMEU. 

By  Senator  Feye  : 

Q.  la  this  matter  of  fish,  I  take  it  that  the  fishermen  alone  deal  with 
the  wholesalers ;  that  they  sell  alone  to  the  wholesalers  1 — A.  This  ship- 
ping paper  which  I  have  brought  for  your  inspection  will  show  you  the 
form  in  which  the  fishermen  ship  on  board  the  vessels,  and  also  author- 
ize the  disposal  of  their  fish. 

Q.  That  is  not  the  question.  To  whom  do  the  fishermen  sell  ? — A. 
The  fish  are  generally  sold  by  the  owner  of  the  vessel. 

Q.  I  mean  the  owner  of  a  fishing  vessel ;  to  whom  does  he  sell? — A. 
To  men  who  are  buying — wholesalers. 

Q.  You  do  not  get  at  whit  I  am  after.  The  dealings  between  the 
men  who  take  the  fish  an.  the  men  who  buy  are  between  the  owners 
of  the  fishing  vessels  and  the  wholesalers,  are  they  not? — A.  They 
are. 

Q.  Do  you  understand  that  the  retailer's  price  is  affected  to  any  ex- 
tent by  the  wholesaler's  price  ? — A.  Of  course  it  must  be  affected  some- 
what. In  this  market  the  retail  price  for  codfish  is  7  or  8  cents  a 
pouml  when  they  are  bought  fi"om  the  vessel  for  2  or  3.  Of  course, 
after  the  fish  leave  the  hands  of  the  producer,  the  owner  of  the  vessel, 
there  is  uo  question  at  all  but  that  if  the  prices  are  increased  at  all  they 
are  increased  by  the  cost  of  transportation  and  by  the  middlemen  who 
liandlo  the  fish  until  they  got  to  the  hands  of  the  consumers. 

Q,  So  far  as  your  experience  goes,  has  the  duty  affected  the  price  to 

tiie  coiisuiner  at  all  ?  —A.  It  has  not  to  any  extent.    The  M'hole  matter 

of  the  flslieries  is  regulated  by  supply  and  demand ;  there  is  no  ques- 

I  tioii  about  that.    The  experience  of  almost  forty  or  fifty  years  will 

I  show  that.    In  1831,   with  only  about  12,000,000  iuiiabitants  in  the 

United  States,  we  took  with  hooks  about  as  many  mackerel  as  we  have 

I  taken  any  other  year — 383,058  barrels.    The  average  catch  for  sixty 

years  has  been  about  200,000  barrels  yearly  by  tlie  Massachusetts  fleet. 

I  No  man  ever  got  rich  by  the  actual  production  of  fish  alone. 


UOW  THE  TARIFF  AFFECTS  THE  FISHING  INTEREST. 

By  Senator  Saulsbuuy  : 

Q.  If,  as  you  say,  the  price  depends  entirely  upon  the  supply  and 
lemaud,  how  does  the  tariff  question  affect  the  interests  of  the  fisher- 
[menatall,  either  as  protecting  them  or  otherwise? — A.  I  will  tell  you. 
Ayearor  two  ago,  all  at  once,  some  twenty  or  thirty  English  vessels 
hnie  into  this  harbor.  Before  their  arrival  fish  had  been  selling  at 
latwut  S2.50  per  hundred  pounds ;  they  ran  the  prices  down  to  about 
1(1.60  and  $1.38  per  hundred  pounds,  I  think.  It  is  the  spasmodic  in- 
Httx,  the  bringing  in  at  unexpected  times,  you  may  say,  that  affects  the 
jpricesin  a  particular  case.  Then  there  is  the  want  of  confidence,  the 
hot  knowing  how,  as  you  might  say;  competition  is  going  to  come  and 
jkow  large  it  is  going  to  be ;  tliat  also  affects  the  people.  If  our  people 
pukl  have  the  United  States  for  their  market,  without  intei'vention  from 


798 


AMERICAN    FISHERY    INTEKEST8. 


foreiguers,  Gloucester  would  seiul  out  1,500  vessels,  wLereas  she  now 
has  less  than  500. 

Q.  I  am  lully  awaro  that  prohibition  wou'  1  aflord  protection  to 
American  libhermen  ;  but  I  ask  whether  the  i)resent  taritf  does  attoni 
auy  protection  to  the  fishermen  here,  it'  the  law  ot"  supply  niid  (Icniiinil 
regulates  tlio  price? — A.  It  does  in  this  way,  as  1  say:  If  Canadii  liml 
oui  free  markets,  such  a  condition  of  things  would  stimulatt',  as  it 
always  has  done,  the  building  of  vessels  and  retention  of  their  people 
at  home  ;  while,  on  the  contrary,  if  wo  have  protection,  and  are  assured 
of  it,  our  vessels  will  bo  built  here,  and  foreigners  will  come  liero  ami 
go  fishing,  and  our  business  will  increase.  In  other  words,  wc  will  do 
the  business  instead  of  foreigners  doing  it.  Canada  has  had  five  and 
one-half  millious  of  dollars  paid  her  for  nothing  in  the  last  twtlvo 
years.  She  has  had  nearly  six  millions  more  remitted  in  duticH.  Hhe 
has  had,  and  is  having  to-day,  our  free-markets  for  her  ice-preserved 
fish,  worth  hundreds  of  thousands  of  dollars  to  her  yearly.  She  is  al- 
lowed with  perfect  impunity  to  place  her  own  construction  on  treaties, 
to  limit  our  rights,  to  seize  and  fine  our  vessels  for  alleged  violution  uf 
the  t3chnicalitie8  of  local  laws,  and  set  at  defiance  the  ofticial  marine 
documents  of  the  United  States,  while  our  own  fishermen  ask  only  tor 
the  same  tarifl:'  protection  that  is  afforded  every  other  produciii{,nn(lus 
trj'  in  the  country,  and  no  spt;'ial  privileges  whatever,  and  beg  and  pray 
they  may  not  be  slaughtered  by  their  own  Government;  and  this  is  tbeir  j 
only  plea,  while  their  business  affords  the  Government  its  only  power 
on  the  ocean. 

Q.  You  mean  by  protection  the  exclusive  right  to  use  our  market!- 
A.  The  exclusive  -ight  at  least  that  the  present  duty  and  a  duty  (m 
fresh  fish  would  afford.    This  is  a  national  question.    It  is  a  matter  j 
almost  of  self-preservation.    I  feel  really  that  the  United  States  should  j 
look  to  its  fisheries  and  its  coasting  trade  for  its  marine  power,  aud 
that  in  no  other  way  can  it  be  sustained  unless  our  people  Lave  that  j 
guarantee. 

Q.  I  am  not  considering  the  question  as  to  the  prohibition  of  t'oreif;ii  j 
vessels  coming  here.    Wliat  I  desire  to  know  is  whether,  in  your  opiii 
ion,  the  existing  tariff  upon  salt  fish  does  in  fact  afford  any  relict  or 
protection  to  American  fishermen  ? — A.  I  think  it  does.    It  really  gives] 
them  that  confidence  which  they  actually  need,  and  the  margin  of  duty] 
gives  them  something  of  an  equality  with  the  Canadian  producer. 


our  fisiieniien  are 


BEITISH  COMPETITION.- 

Q.  Does  it  operate  at  all  to  exclude  the  Canadian  fish  from  our  uiarj 
kets  ? — A.  Not  when  the  supply  hero  ia  short.  If  the  supply  bere  isl 
short  they  can  afford  to  pay  the  American  duties  and  bring  in  their  fisli.l 

Q.  But  if  the  American  supply  is  liberal,  then  you  think  they  woul(l| 
not  send  so  many  ? — A.  The  American  fleet  is  large  enough  at  present;; 
to  regulate  the  price  of  fish.  Here  come  two  vessels  into  Boston  Har- 
bor, we  will  say — one  American  and  the  other  Canadian.  Tbey  liava 
500  barrels  of  mackerel  each,  of  the  same  quality,  taken  at  the  same 
place.  The  American  sells  his  mackerel  at  the  same  price  as  the  othc'J 
at  $10  per  barrel,  making  $5,000.  Ho  takes  Lis  money  and  goes  aboiij 
bis  business.  The  foreigner  has  to  take  his  $5,000  and  go  up  to  tbff 
custom-house  in  Boston  and  pay  $1,000  duties.  The  difference  betwcenj 
these  two  operations  is  very  apparent.  The  British  vessel,  after  pav| 
ing  duties^  cannot  make  so  much  as  the  American,  and  our  fishing  basil 
ness  is  stimulated  to  that  extent.    The  original  wholesale  buyer  dof^ 


AMERICAN    FISHERY    INTERESTS. 


799 


sol  ask  tliu  ti'u'jHportatiuti  inerchiint  $2  luoru  for  the  English  luackorel 
bfcause  the  EugliHh  captjiiii  ])ai(l  $2  per  barrel  dutioH,  neither  does  the 
transportation  niorchant  ask  the  retailer  or  tlie  retailer  the  consumer. 
Aslong,  thorelore,  as  the  American  flsliernien,  by  their  own  com])etition 
aiidtlic  supply  of  fish,  reguiati;  the  price,  the  duties  will  not  aliect  the 
consumer;  bat  let  the  American  fleet  disappear  and  our  supply  of  llsh 
toiiie  from  Canada,  she  will  have  a  monopoly,  and,  duties  or  no  duties, 
tlie  eoiisunier  will  have  to  pny  her  price  for  his  fish. 

Q.  The  British  vessel-owner  cannot  make  so  much,  of  course,  pro- 
viditl  the  exi)enses  of  his  catch  are  as  great.  IJut  the  testimony  taken 
by  us  is  to  the  vUvvA,  that  there  is  .'  very  considerable  diflbrence  in  the 
oiitliiy  lor  wages,  living  expenses,  and  the  like. — A.  There  is  no  ques- 
ion  about  that. 

t^.  If  that  is  true,  might  they  still  not  afford  to  pay  the  duty  and 
jcompoto  with  us? — A.  1  take  the  ground  that  they  can  aflbrd  to  pay 

!  duties  and  compete  with  us  to  some  extent.  But  if  we  consider  the 
[  naked  question  of  whether  the  price  of  fish  is  increased  by  the  duty,  J 
I  say  it  is  not.  But  t;>l;ing  the  surrounding  circumstances  and  consider- 
1  iiijt  wbat  would  come  from  the  ell'ect  of  having  those  duties,  then  I  say 
our  tisherinea  are  going  to  hold  their  own  or  increase.  Our  fleet  has 
been  decreasing,  while  theirs  has  been  increasing  under  the  system  by 
I  which  they  had  our  free  markets.    On  the  contrary,  when  they  did  not 

ve  our  free  markets  the  figures  show  that  their  fleet  decreased  and 
I  ours  gained. 

Q.  1)0  you  know  whether  their  fleet  is  now  increasing  or  decreasing 
I  since  the  1st  of  January  last,  for  instance? — A.  No,  1  could  not  say 
1 1»  day. 

Q.  Whether  it  is  increasing  or  diminishing  since  the  operation  of  the 
I  present  tan  tt' law? — A.  I  have  not  at  hand  the  Canadian  statistics. 
l-Vova Scotia  alone  had  143  schooners  built  in  1883.    That  is  a  large 

leet  for  that  small  province. 

IDENTiriCATION  OF  MAPS. 

IJy  Senator  EDMUNDS: 

Q.  I  wish  you  would  state  whether  these  two  admiralty  charts  now 
Itiaugingon  the  wall  of  this  room  are  a  duplication  of  the  two  charts 
I  that  Lave  been  spoken  of  to  day  by  ]\Ir.  Wilcox. — A.  They  are.  I  re- 
lived them  from  him. 

Q.  Have  you  compared  them  heretofore,  so  as  to  know  that  they  are 
|«il)8tantially  identical  ? — A.  Yes,  I  should  say  that  they  are  substan- 
[twlly  the  same.    They  were  all  prepared  at  the  same  time,  1  think. 

Tlie  two  maps  here  referred  to  are  filed  for  the  use  of  the  committee. 


A.y 


TESTIMONY  OF  WILLIAM  A.  WILCOX. 

Gloucester,  Mass.,  October  5,  188G. 
WILLIAM  A.  WILCOX  sworn  and  examined. 

By  Senator  Edmunds  : 
Question.  What  is  your  age  ? — Answ^er.  Forty-seven. 
Q.  Where  do  you  reside  ?— A.  Gloucester. 

I^Q.  What  is  your  occupation  ?— A.  1  am  agent  of  the  United  States 
pa  Commission,  also  manager  of  the  American  Fish  Bureau. 


800 


AMKIUCAN    Fli    lEKY   INTEUESTS. 


Q.  Ilow  long  Imve  you  beeu  engaged  in  the  lisb  bu8iiies8?— A  Siii(« 
1873. 

Q.  What  branches  of  the  business  have  you  been  in  since  that  time!— 
A.  The  same  that  I  am  in  now  since  1H74.  "" 

Q.  I>CH(!ribo  wliat  you  do. — A.  It  is  my  duty  to  keei)  'i  statistical 
record  of  the  arrival  and  receipts  of  all  vessels  in  Gloucester  engaged 
in  the  lishing  business ;  I  have  done  that  since  I  have  been  hero,  a  year 
ago  last  January ;  also,  through  correspoiulents  and  agents  at  all  other 
ports,  from  Prince  Ed\/ard  Island,  on  the  extreme  east,  as  far  as 
Philadelphia,  on  the  south,  to  ascertain  the  arrivals  and  receipts  at 
other  i)orts ;  also  to  ascertain  all  general  information,  where  the  (ieets 
are,  what  tliey  are  doing,  with  what  success  they  are  meeting,  as  well 
as  to  secure  all  the  statistics  jiossible  both  hero  and  elsewhere. 

Q.  So  that  it  has  been  your  duty  to  get  all  obtainable  information  in 
connection  with  your  position  in  the  Fish  Commission  of  the  Uuited 
States  ami  the  American  Fish  Bureau,  as  it  comes  to  your  knowledge 
from  time  to  time,  as  to  the  whereabouts  of  tishing  vessels,  whattbey 
are  doing,  with  what  success  they  are  meeting,  &c.  ? — A.  As  far  as  pos- 
sible, yes. 

Q.  llavo  you  kept  records  and  made  tables  of  this  information !— A. 
[  have.    I  have  the  name  and  cargo  of  every  vessel  that  has  arrived  iu  j 
Gloucester  since  I  have  been  here,  since  a  year  ago  last  January,  and 
a  daily  record  from  all  the  other  leading  ports,  as  1  have  received  tliemi 
from  day  to  day. 

Q.  Do  you  compile  these  records  so  as  to  show  the  yearly  retunis  of  j 
cargoes? — A.  I  compile  them,  so  far  as  Gloucester  iu  concerned,  ouce  a  j 
week,  showing  the  arrivals  from  the  various  fishing  grounds;  I  also! 
compile  monthly,  quarterly,  semi  annual,  and  yearly  statements  at  tbej 
close  of  the  season. 

STATEMENT   CALLED  FOR. 

Senator  Edmunds.  We  should  be  glad  to  have  you  make  a  tabulatedj 
statement,  if  you  will  bo  kind  enough,  at  your  convenient  leisure,  which 
you  can  send  to  me  liereal'ter,  unless  you  have  it  made  now,  of  the 
suits  of  these  fishing  operations  since  you  began  to  keep  this  record,. 
to  the  quantity  of  fish  taken  by  American  vessels  and  by  foreign  tc» 
sels,  the  places  where  they  were  taken  by  American  vessels,  whetheij 
inshore  or  offshore,  and  the  value  of  those  fish ;  in  short,  a  summarized 
statement  of  information  bearing  upon  the  i)oints  you  have  heard  usj 
discussing  here. 

The  Witness.  I  shall  be  pleased  to  do  so.  So  far  as  my  work  hm 
is  concerned,  since  I  have  been  here  iu  Gloucester,  everything  Iiasbceii 
reported  to  the  United  States  Fish  Commission,  at  Washington. 

Q.  How  long  have  you  lived  iu  Gloucester? — A.  Since  a  year  agq 
last  January. 

Q.  Where  before  that? — A.  In  Boston. 

Q.  What  business  were  you  in  i-^  Boston? — A.  I  have  been  in  i 
same  business  since  1874. 

Q.  Did  you  fit  out  vessels? — A.  No,  sir;  I  have  only  just  been 
gaged  in  this  business  of  collecting  and  compiling  statistical  and  ge^ 
eral  information  in  legard  to  the  fisheries. 


MACKEREL  0 


THREE-MILE  LIMIT. 


Q.  Perhaps  you  can  tell  now — ^you  have  been  so  long  in  the  busine 
of  obtaining  statistical  information  of  the  details  of  American  fisha 


AMERICAN    FISHERY    INTERESTS. 


801 


ifg—wbut  proportiou,  in  your  opinion,  of  the  mackerel  ciuigUt  by  Amer- 
icaa  fishing  vessels  in  the  Gulf  of  St.  Lawrence  and  adjacent  waters 
have  been  taken  within  tbree  miles  of  the  shore! — A.  That  I  couldn't 
say.  As  far  as  the  amount  of  mackerel  taken  off  the  Nova  Scotia  and 
otber  provincial  shores  is  concerned,  it  iS  not  far  from  4J  per  cent,  of 
thepross  catch  for  the  last  Ave  years.  I  have  kept  the  accounts  very 
closely  in  regard  to  that. 

MACKEREL  CAUGHT  IN   AMERICAN  AND   PROVINCIAL    WATERS. 

The  gross  catch  from  1881  to  1885  amounts  to  1,797,583  barrels  of  salt 
mackerel. 

Q.  Where? — A.  Landed  in  the  United  States,  caught  by  the  New 
England  fishing  fleet  from  all  ports ;  of  which  only  75,711  barrels  were 
takeu  from  the  provincial  waters  off  Nova  Scotia  and  Prince  Edward 
island.  What  proportion  of  that  was  taken  within  the  three-mile  line 
I  could  not  state. 

Q.  You  have  not  the  means  of  knowing  ? — A.  Except  in  a  general 
way, from  conversation  with  fishermen;  they  would  always  say  scarcely 
any  at  all,  or  very  little. 

Q.  Did  you  hear  them  say  that  before  the  Ist  of  July,  1885? — A.  I 
have  always  heard  them  say  that,  as  a  general  thing,  very  few  fish  were 
taken  near  the  shore ;  that  the  water  was  shallow,  and  there  was  great 
danger  of  tearing  the  seines;  and  that  the  flph  were  more  apt  to  beout- 
BJde  tbau  inside. 

CHARTS. 

Q.  Did  you  help  make  these  charts  hanging  on  the  wall  of  this  room, 
showing  the  fishing  grounds,  &c.  ? — A.  Yes,  sir. 

Senator  Edmunds.  One  of  them,  containing  the  tables,  I  wish  you 
would  file  with  the  clerk  of  the  committee. 

Q.  Who  helped  you  make  these  charts? — A.  Captain  Joyce,  of  the 
I  steaoier  Novelty. 

Q.  Has  everything  that  has  been  put  on  there  by  you  and  Captain 
I  Joyce  been  put  on  truly  and  according  to  your  best  knowledge,  infor- 
mation, and  belief? — A.  As  far  as  wc  knew.  I  do  not  pretend  to  be  an 
expert  ou  the  fishing  of  the  Provinces;  I  just  assisted  Captain  Joyce. 
He  was  a  practical  fisherman,  and  he  outlined  it  and  I  put  in  the  statis- 
tics, and  also  assisted  in  making  them ;  but  Captain  Joyce  niaiuly  was 
I  the  expert  to  lay  out  the  ground.    I  have  never  been  over  the  ground. 

Q.  When  were  these  charts  made? — A.  Last  winter,  I  think,  along 
I  about  January.    All  the  statistical  portions  and  comparisons  I  made. 

Q.  What  would  be  the  expense  of  getting  duplicates  of  these  charts  ? — 
I  A.  Five  or  six  dollars. 


\■^i 


SALT  AND  FRESH  FISH. 

By  Senator  Saulsbury  : 

Q.  Will  your  statistics  show  the  proportion  of  fresh  to  salt  fish  ? — A. 
|Jo,8ir;  the  fresh  fish  I  have  paid  very  little  attention  to,  with  the  ex- 
Iteption  of  fresh  halibut,  for  the  last  year  and  a  half,  since  I  have  been 
IMte,  and  I  have  no  statistics  of  fresh  fish  at  all  that  are  complete.  I 
|we  paid  attention  only  to  salt  and  dried  fish. 

Senator  Edmunds.   Later  on  we  will  examine  Mr.  Earll  at  Wash- 

?gton.    He  belongs  to  the  Fish  Commission ;  be  will  furnish  statistics 

ru8. 

S.  Ex.  113 51  ' 


802 


AMERICAN   FISHERY    INT 


T8. 


By  Senator  Frye  : 

Q.  I  muler.stoo<l  you  to  say  that  tlieso  iniuutus  ou  one  of  these  cliiirts 
were  taken  from  statistics  ? — A.  Yes,  sir. 

MACKEREL  CATCH  FOR   ISSij. 

Q.  Is  the  statement  correct  immediately  boh)w  these  words:  "Mack 
erel  catch  by  the  United  States  vessels  for  the  season  of  1885"  I— a. 
That  is  correct  so  far  as  I  iiiiow. 

Senator  Frye.    Tliat  statement  is  as  follows: 

Barr«lt. 

Aiiionnt  of  iniickerul  tiikoii  within  tlireo  iiiilcH  of  the  proviuciul  Hhores 6.564 

Total  uiiioHut  taken  in  tlm  Gulfol  St.  Lawrence 2t',6:t:i 

Anjonnt  taknu  otl' the  United  8tato»  count ilTf.rjl.'i 

Total  catch  by  the  American  tieet 40;,11- 

Q.  That  was  during  the  continuance  of  the  treaty  and  the  restoration 
of  it  by  Mr.  Jiayardf — A.  Yes,  in  1885.  This  also  iacludes  the  total 
catch  of  fresh  mackerel  for  the  season.  That  is  made  up  from  (be 
returns  by  the  captains  of  vessels  at  the  close  of  the  season. 

OCTOBER   "century"  ARTICLE    IN    REGARD    TO   GLOUCESTER  FISH 

ERIES. 

Q.  Who  is  Captain  Collins? — A.  Capt.  J.  W.  Collins  is  at  present! 
employed  by  the  United  States  Fish  Commission.  He  is  captain  of  the  j 
Fish  Commission  schooner  Grampus. 

Q.  What  is  his  special  business  ? — A.  Ue  is  subject  to  the  orders  of  j 
Professor  Baird. 

Q.  Engaged  in  the  fisher'  siness  all  the  time  and  gathering  statis- 
tics?— A.  Sometimes  he  is  ''ashington  engaged  there,  and  some- 
times at  sea,  wherever  he  is  ordered  by  the  United  States  Fish  Com- 
mission. 

Q.  Did  you  read  the  article  in  the  Century  written  by  him?— A. 
did. 

Q.  What  number  of  the  Century  1— A.  October,  1880. 

Q.  Did  you  examine  the  article  carefully  ? — A.  I  did  not.  I  glauce(l| 
over  it  very  hurriedly,  coming  down  on  the  train  from  Boston. 

Q.  Do  the  statements  contained  therein  agree  with  the  knowledd 
you  possess,  so  far  as  you  have  investigated? — A.  From  glancing  ove^ 
it  hurriedly  I  should  say  they  do. 

Q.  It  is  a  pretty  important  statement  of  facts,  is  it  not  ?— A.  Yes,  1 
consider  it  so. 

Senator  Frye.  Mr.  Chairman,  I  move  that  the  chairma,n  of  tbe  sail 
committee  be  requested  to  communicate  with  Captain  Collins,  and  iiav 
him  verify  the  article  contained  in  the  October  number  of  tbe  Centur; 
on  this  question,  and  that  after  being  verified  it  be  admitted  asevideuo 
before  the  committee. 

Senator  Edmunds.  If  there  is  no  objection  an  order  of  that  kia 
may  be  entered  on  the  minutes. 


AMERICAN    FISHERY   INTERESTS. 


TESTIMONY  OF  BENJAMIN  H.  SPINNEY. 


803 


Gloucester,  Mass.,  October  5,  1886. 
BENJAMIN  U.  SPINNEY  Hwoni  niul  examined. 

By  Senator  Edmunds  : 
Qmstion.  What  is  your  age  1— Answer.  I  will  bo  twenty-nine  next 
December. 

Q,  Wiiore  do  you  reside? — A.  I  reside  at  Gloucester. 
Q.  How  long  have  you  lived  here? — A.  I  was  born  and  brought  up 

1  ten'. 

Q.  Wliiit  is  your  business? — A.  Fishing. 

Q.  Have  you  been  in  that  business  all  the  time! — A.  Yes,  sir.  I 
I  have  been  more  extensively  interested  in  the  business  during  the  last 
[tight  >ears. 

Q.  How  many  vessels  have  you? — A.  I  hav**, three. 

Q.  What  kind  of  fisheries  are  they  engaged  in? — A.  T  have  got  one 
I  to  Georges,  and  one  to  the  Banks  salt  lishing,  and  one  catching  halibut. 

CASJ5   OP  THE  EVERETT   STEELE.    ^ 

Q  Ilfive  you  had  any  of  your  vessels  interfered  with  by  the  people 
IcftLo  Provinces  ? — A.  The  Everett  Steele  was  seized  in  Shelburne. 

Q.  I  suppose  you  were  not  on  her  at  the  time? — A.  No,  sir;  1  was 
hot  on  board. 

Q.  Wbat  was  ^bo  n    ne  of  the  master? — A.  Charles  II.  Forbes. 

(J.  Wliero  is  he  uo    .' — A.  He  has  gone  home. 

Q,  Where  is  his  home? — A.  lie  lives  in  Nova  Scotia. 

Q,  Is  be  an  American  citizen  ? — A.  Yes,  sir. 

Q,  You  can  state  what  happened  to  the  Everett  Steele,  according  to 
^our  iiil'orrnation. — A.  The  vessel  fitted  out  here  and  sailed,  I  liiink,  ou 

lie  23(1  of  August.    She  was  fitted  for  three  months,  and  supposed  to 

pke  a  voyage  for  the  rest  of  the  season. 

Q.  What  kind  of  fishing  was  she  going  on? — A.  She  was  going  on  a 

pit  trip. 

Q.  For  mackerel, or  cod? — A.  Codfish.    She  was  full  of  salt  and  had 

jir  provisions  and  all  her  gear  for  the  necessary  length  of  time  it  was 
ated  she  would  be  out.    She  sailed,  and  she  baited  at  the  Isle  of 

bils,  aud  went  down.    She  fished,  I  think  the  master  said,  four  or 

fi  days,  when  his  water  got  out  or  nearly  so,  and  he  went  in.  I 
iieve  his  pumps  also  got  out  of  repair  and  a  few  of  his  blocks,  and 

[went  in  to  Shelburne  to  fill  up  his  water  and  repair  his  pumps  and 
icks.  There  he  was  seized  by  thi^  Captain  Quigley,  I  believe  his 
me  is.  and  kept  there  about  twenty-four  hours.  There  was  a-  i>art  of 
icTcff  left;  they  wouldn't  stop ;  that  is,  if  they  couldn't  go  on  to 

W  up  a  voyage.  They  bad  been  fishing  oil'  the  shore  about  15  miles 
Liid  when  it  came  bad  weather  they  ran  in  under  Sand  Point;  that 

|»boat9miles  from  the  customhouse;  and  Captain  Quigley  said  it 
old  be  necessary  for  them  to  report,  and  he  should  comi)el  them  to 
pf.v  tiuie  they  came  in.  The  vessel  has  always  been  down  there,  and 
[Sys  before  had  the  privilege  of  going  in  in  bad  weather  and  lying 
'  iiutil  it  was  suitable  weather  to  fish.  So  the  men  they  mutiuized, 
|tl!e  theory  that  if  they  couldn't  have  the  shelter  of  the  port  they 
Tlda't  remain  any  longer,  and  part  of  them  left.    He  brought  his 


5^  .,» 


m 


"^% 


HS5|i 


804 


AMEUICAN   FISHERY   INTERESTS. 


vessel  home,  and  had  ftve  inea  left  besides  himself  when  he  got  here. 
The  voyage  had  to  be  abandoned. 

CANADIAN  POET  REQUIREMENTS. 

Q.  Had  your  vessels  been  required  to  report  before  this  year?— A. 
No,  sir;  not  under  a  fishing  license.  I  had  one  schooner  that  went 
herringiug  to  Newfoundland  one  winter,  and  she  carried  some  stuff 
down  to  trade,  and  whatever  i)ort  she  made  it  was  necessary  to  re- 
port. 

Q.  I  suppose  that  vessel  had  a  permit  to  touch  and  trade?— A.  Yes, 
sir. 

Q.  But  when  your  vessels  are  merely  going  on  a  fishing  trip  under  a 
fishing  license  and  want  to  go  in  for  shelter  or  repairs,  they  have  never 
been  required,  as  I  understand  you,  to  report  until  this  case!— A.  iso^ 
air. 


TESTIMONY  OF  CAPT.  EDWIN  JOYCE. 

Gloucester,  Mass.,  October  6, 1886. 

Capt.  EDWIN  JOYCE  sworn  and  examined. 

By  Senator  Edmunds: 
Question.  What  Is  your  age? — Answer.  Thirty-one. 
Q.  Where  do  you  reside? — A.  Swan's  Island,  Maine. 
Q.  What  is  your  occupation? — A.  Fishing;  mackerel  seining. 
Q.  How  long  have  you  been  in  that  business? — A.  About  fourteeaj 
years. 

Q.  Have  you  been  fishing  this  year? — A.  Yes,  sir. 

case  of  the  moro  castle. 

Q.  What  vessel  have  you  been  in? — A.  The  Moro  Castle. 

Q.  Is  that  a  schooner? — A.  Yes,  sir. 

Q.  About  how  many  tons  ? — A.  About  eighty-four  tons. 

Q.  Have  you  been  interfered  witii  or  molested  by  the  Oanadiaos  i 
any  way? — A.  Yes,  sir;  they  took  our  schooner  about  the  11th  of  Sep 
tember,  at  Port  Mulgrcive,  in  the  Strait  of  Canso. 

Q.  You  were  in  the  Strait  of  Canso  at  that  time? — A.  Yes,  sir. 

Q.  What  were  you  doing? — A.  We  were  going  through  there;  ha 
some  idea  of  coming  home;  didn't  know  whether  we  would  or  notcer 
tainly. 

Q.  Were  you  under  way? — A.  We  had  been  anchored  about  fiftee|| 
minutes  when  we  were  seized. 

Q.  What  part  of  the  strait  were  you  in?— A.  We  were  about  halfwaj 
through. 

Q.  What  ditl  you  anchor  for? — A.  The  tide  turned  against  us,  and  th 
wind  was  moderate  and  calm,  but  we  had  to  tow  in  to  keep  from  goin 
back  again  to  where  we  had  come  from.  We  towed  some  hour  andj 
half,  I  guess,  with  a  boat,  to  get  in. 

Q.  That  is,  towed  with  your  own  boat? — A.  Yes,  sir.  j 

Q.  Was  that  the  only  reason  why  you  anchored? — A.  Yes,  sir;  th^ 
was  the  reason  why  we  anchored. 


AMERICAN   FISHERY   INTERESTS. 


805 


Q.  Had  you  undertaken  to  have  any  communication  with  the  Hhorel — 
A,  No,  sir. 

Q.  What  took  place  there  after  you  had  anchored  ? — A.  As  soon  as 
we  had  got  the  sails  furied  the  collector  of  customs  come  aboard  and 
gavs,  "I  am  going  to  inform  you,  captaiu,  that  1  have  seized  your  vessel 
in  tlie  Qiieeu'H  name."  He  says,  "  It  isn't  anything  that  you  have  done, 
but  it  is  something  that  was  done  in  18b4."  That  is  what  he  stated  at 
that  tiiue. 

Q.  Wliat  lUd  he  say  was  done  in  18i<4? — A.  He  said  he  didn't  know 
what  it  was;  he  said  the  claim  was  sent  from  Chester,  Nova  Scotia,  and 
he  had  orders  from  Ottawa  to  seize  the  schooner  if  she  came  there,  but 
what  the  claim  was  he  didn't  know. 
Q.  What  happened  then? — A.  lie  then  ordered  us  to  take  the  schooner 
across  to  Port  Havvkesbury ;  that  is  on  the  other  side  of  the  Strait.  I  told 
bimif'it  was  for  somethinj^  I  hadn't  done,  that  I  should  refuse  to  do  it; 
if  he  wanted  the  schooner  taken  over  he  would  have  to  take  her  over 
that  night,  as  we  had  just  towed  in.  But  he  said  it  would  be  some  ex- 
pense lor  the  owners  for  him  to  put  on  a  gang  to  take  her  over.  I  told 
him  if  he  would  wait  until  morning,  and  there  was  a  breeze  of  wind  to 
do  it  at  that  time,  to  save  expenses  to  the  owners  we  would  take  h^r 
across. 

Q,  How  far  across  ? — A.  About  a  mile  and  a  half,  I  think, 
Q.  Doea  the  tide  set  pretty  strong  through  that  strait  ? — A.  It  does 
in  the  spring ;  I  think  there  is  about  a  knot  and  a  half  or  two  knots  tide 
any  time. 

Q,  Did  you  stay  all  night  there  where  you  lay  ? — A.  Yes,  sir ;  we  did. 
He  had  two  of  the  cutter's  men  and  the  custom-house  officer,  Mr.  Rur- 
neaii,8toi)  aboard  all  night. 

Q.  What  took  place  in  the  morning? — A.  In  the  morning  we  took 
her  across  and  anchored  her  at  Port  Hawkesbury,  with  only  one  watch- 
man aboard  at  that  time.  The  cutter  came  up  and  he  had  another 
watchman  put  on  board  the  schooner,  and  we  lay  there  some  three  days 
and  the  cutter  lay  alongside  of  us.  I  guess  this  was  Saturday  night. 
j  Monday  morning  I  telegraphed  to  her  owners  in  Gloucester,  and  they 
I  telegraphed  back  that  they  had  telegraphed  to  the  consul-general  at 
Hahfax,  and  for  me  to  act  under  his  advice. 

Q.  What  was  this  armed  cutter  that  lay  alongside  of  you  ? — A.  It  was 
I  an  armed  cutter ;  one  of  these  sailing  cutters  that  they  have  down  there 
I  this  season,  named  theHoulette. 

Q.  How  long  did  you  lie  at  Port  Hawkesbury,  and  what  took  place  t — 

li  We  lay  there,  I  think,  some  four  or  five  days  before  they  took  the 

schooner  in  to  the  wharf;  they  then  took  her  in  to  the  wharf,  and  the 

fatter  left  as  soon  as  we  were  taken  in.    We  lay  a  couple  of  days  to  the 

pharf  before  they  stripped  the  schooner,  and  then  the  custom-house  of- 

jicei'siiitl  he  was  going  to  take  the  schooner  and  shut  her  up,  and  that 

lie  consul  gcyieral  would  have  to  look  out  for  us. 

Q.  What  did  you  do  then  ? — A.  So  1  weiit  and  saw  Consul  Clougb.  I 
jbl  seen  him  before,  anil  he  made  arrangements  to  send  us  home  on  the 
I  steamer. 

'I  ^0  you  had  to  U-ave  yoiu"  vessel  and  come  home? — A.  Yes,  sir. 
jWhilc  1  was  there  1  wauled  the  collector  of  customs  to  give  me  a  state- 
jtifiit  in  writing  as  to  what  he  would  release  the  vessel  for,  and  I  would 
pwl  it  home  to  the  owners.  He  said,  "There  is  no  need  of  that;  you 
jwii  ti'legiaph  to  the  owners,  and  they  will  do  all  that  is  needful."  I  got 
jliiiiito  flijure  it  up  to  see  what  she  could  be  released  for,  and  finally  he 


;i;,'.ta:ji 


'&. 


806 


AMERICAN   FISHERY   INTERESTS. 


said  that  on  the  claims  against  lier  they  would  release  her  on  deposit  of  i 
$1,G00. 

Q.  What  did  you  have  on  board  at  that  time — any  thing  besides  your 
outfit? — A.  We  had  about  39  barrels  of  mackerel. 

Q.  How  long  had  you  been  down  in  those  waters? — A.  About  five! 
weeks. 

Q.  Before  yon  left  Port  Hawkesbury  did  you  learn  of  what  the  vessel 
■was  accused  ? — A.  Ii^o,  sir ;  we  couldn't  find  out.    1  found  out  that  thev 
had  two  claims  against  her  this  season.    This  English  detective  that  j 
was  there  said  he  had  claims  enough  against  the  vessel  to  take  her  and  I 
four  just  like  her,  allowing  they  had  done  just  the  same  thing. 

Q.  Did  be  tell  you  what  that  claim  was? — A.  He  didn't  tell  .vhatiti 
was. 

Q.  You  spoke  of  two  claims  made  against  her  this  season ;  what  were  j 
those  f    Do  you  know  ? — A.    One  was  for  getting  stores  at  Tignisli,  I 
Prince  Edward  Island,  to  go  home.    We  were  bound  homo  and  hadn't 
enougii  stores  to  get  home  with,  and  we  went  in  and  got  some  stores, 
enough  at  least  to  get  home  with,  some  $44  worth,  I  think. 

Q.  Was  that  the  same  trip? — A.  No, sir;  that  was  the  trip  before, iuj 
July. 

TIGNISH. 

Q.  Did  you  pay  any  harbor  and  port  dues,  pilotage,  or  anything  of! 
the  kind,  at  Tignieh  ? — A.  No,  sir ;  we  did  not.  There  is  no  harbor! 
there,  and  I  never  knew  of  their  having  a  custom-house  there. 

Q.  What  sort  of  a  place  is  Tignish? — A.  It  is  just  a  straight  coast! 
along  there ;  there  is  a  little  boat  harbor  there  that  takes,  I  thiukj 
about  G  feet  of  water,  but  our  schooner  draws  10  and  11. 

Q.  How  much  of  a  village  is  it? — A.  There  is  no  village  thereat  i 
just  scattering  buildings. 

Q.  Any  store  ? — A.  Yes,  sir ;  a  little  store  kept  by  an  American  fisb| 
firm  there,  by  the  name  of  Myrick. 

Q.  Did  you  see  any  custom  house  there  when  you  went  ashore  t—A.j 
No,  sir. 

Q.  Did  you  see  any  custom-house  oflBcers? — A.  No,  sir. 

Q.  Did  you  see  any  British  flag? — A.  No,  sir;  nothing  to  indicate i 
custoiu-house  in  any  way  or  shape. 

MIRAMICHI. 

.    Q.  W^hat  was  the  other  thing  they  said  you  did  this  year  ?— A.  Thej] 
had  a  claim  on  us  about  getting  salt  out  of  Miraniichi. 

Q.  What  wera  the  circumstances  about  that? — A.  We  got  some  sal^ 
out  of  a  N  ova  Scotia  schooner  named  the  Zelia. 

Q.  Was  that  in  the  port  of  Miramichi? — A.  Yes,  I  suppose  so; 
don't  know.    We  were,  1  suppose,  some  20  miles  from  the  customhouse 
The  square  riggers  that  come  here  go  up  the  river  20  miles. 

Q.  You  were  at  the  mouth  of  the  river  ? — A.  Yes,  sir. 

Q.  How  much  salt  di<l  you  get? — A.  We  had  15  barrels  of  salt. 

Q.  You  bought  it  from  a  Nova  Scotia  vessel  that  had  some!— A.  W 
didn't  buy  it  at  all;  we  simply  got  the  salt  from  a  brother  of  our  ownel 
and  1  got  the  salt  of  him  and  never  paid  for  no  salt.  Hejustsiuiplj^ 
said  for  me  to  tell  his  brother,  and  I  never  paid  for  the  salt,  and  neva 
took  the  scratch  of  a  pen  for  it. 

Q.  You  were  in  need  of  a  little  more  salt? — A.  Yes,  sir.  Theylia 
been  there  the  year  before  and  exchanged  salt  with  each  other,  and  I 
Baid  it  was  all  right. 


AMERICAN   FISHERY   INTERESTS. 


807 


Q.  Did  you  liave  a  permit  this  year  to  touch  and  trade  with  that 
ship!— A.  No,  sir. 

Q.  And  you  did  not  in  either  of  these  instances  see  any  custom-house 
or  any  customs  officer? — A.  Nothing  of  the  kind. 

Q.  Did  you  go  into  Miramichi  for  the  purpose  of  getting  salt? — 
A.  No,  sir ;  we  were  in  there  for  shfdter. 

Q.  Who  are  your  owners  ? — A.  Lorin  B.  Norse  was  the  owner  of  the 
schooner  I  was  in. 

Q.  You  say  his  brother's  schooner  happened  to  be  there  j  was  she 
lying  there  ? — A.  Yes,  sir ;  she  was  in  for  shelter  the  same  as  we  were. 

Q.  She  was  fishing  ? — A.  Yes,  sir :  seining  for  mackerel. 

Q.  She  was  a  Nova  Scotia  vessel  ? — A.  Yes,  sir. 
•  Q.  You  in  fact,  then,  borrowed  that  amount  of  salt  from  the  brother 
of  your  owner?— A.  Yes,  sir. 

Q.  And  those  are  the  only  two  things  that  you  were  informed  of  while 
you  were  there  that  are  the  causes  of  complaint  ? — A.  Those  are  ttie  only 
two  things.. 

By  Senator  Feye: 
Q.  The  vessel  is  there  now,  is  she  not? — A.  Yes,  sir.    The  American 
consul,  Clough,  sent  us  home. 


TESTIMOKT  OF  ORIN  B.  WHITTEN. 

Portland,  Me.,  October  6, 1886. 

ORIN  B.  WHITTEN  sworn  and  examined. 

By  Senator  Feye  : 

Question.  Where  do  you  live  ? — Answer.  I  live  in  Portland. 

Q.  How  long  have  you  resided  here? — A.  Twenty  years. 

Q.  What  is  your  business  ? — A.  Fish  business. 

Q.  In  what  direction,  or  in  what  capacity  ? — A.  We  are  owners  of 
vessels. 

Q.  How'  mjuny  ? — A.  We  have  14  or  15  now  that  we  are  interested  in. 

Q.  Are  you  in  business  u  any  other  way  than  the  fishing  business  ? — 
L  That  is  all. 

Q.  What  is  the  character  of  the  vessels  you  own  ? — A.  They  are  cod 
and  mackerel  finhing  vessels. 

AMERICAN  MACKEREL  VESSELS  AND       UTFITS. 

Q.  What  is  the  average  tonnage  of  a  mackerel- fishing  vessel? — A.  1 
should  say  60  tons ;  that  is  only  an  estimate,  of  course. 

Q.  What  do  they  cost  per  ton  ready  for  business  ? — A.  I  should  say 
that  the  average  cost  of  a  vessel  ready  for  sea  would  be,  with  all  fish- 
ing appliances,  about  $10,000.  I  get  this  information  8omewhf*,t  from 
others, 

Q.  That  is  over  a  hundred  dollars  a  ton  t-^-A.  Yes,  sir. 

Q.  That  includes  appliances  ? — A.  That  includes  appliances. 

Q.  What  would  it  be  without  the  appliances,  ready  for  fishing  ? — A. 
Perhaps  about  |8,000. 

Q.  Wliat  is  the  character  of  the  vessels  as  to  quality  ? — A.  The  very 
best. 


^Ptl! 


'  i 


808 


AMERICAN   FISHERY   INTERESTS. 


Q.  Made  of  hard  wood  ? — A.  Made  of  bard  wood. 

Q.  Oak?— A.  Oak.  ; 

Q.  Made  substantial  and  strong  1 — A.  Made  first-class ;  yes,  sir. 

CANADIAN  VESSELS. 

Q.  Wbat  is  your  knowledge  of  tbe  Canadian  vessels  engaged  iu  the 
same  business  ?  Are  you  acquainted  with  them  ? — A.  I  am  uot  fully 
acquainted.  I  have  seen  Canadian  vessels.  They  are  made  mostly  of 
spruce,  soft  wood. 

Q.  Ilave  you  any  idea  what  they  cost  per  ton  as  compared  with 
yours  ? — A.  Probably  they  wouldn't  cost  half  as  much  as  ours. 

MACKEREL — WHERE  TAKEN.  • 

Q.  How  many  vessels  have  you  engaged  in  the  mackerel  fisheries!— 
A.  Wo  have  some  vessels  that  go  cod-fishing  in  the  early  part  of  the 
season,  and  for  mackerel  in  the  latter  part. 

Q.  Where  have  you  been  in  the  habit  of  fishing  for  mackerel  t— A. 
Mostly  dn  this  shore. 

Q.  How  long  have  you  been  engaged  in  it  ? — A.  About  twenty  years. 

Q.  During  those  twenty  years  you  have  been  so  engaged  what  propor- 
tion of  your  mackerel  have  been  taken  in  American  waters  ?— A.  We 
never  have  made  much  of  a  business  of  sendiri  vessels  into  tbe  Bay; 
about  all  our  mackerel  have  been  taken  here  during  the  last  twelve 
years. 

Q.  Where  here,  as  a  rule  ? — A.  Anywhere  from  Cape  Cod  to  the  Bay 
of  Fundy. 

Q.  And  what  proportion  of  those  taken  in  our  waters  were  taken 
within  the  three-mile  shore  line  ? — A.  As  far  as  my  knowledge  goes,  I 
think  a  very  small  proportion  was  taken  within  that  limit. 

Q.  State,  as  nearly  as  you  can,  what  percentage. — A.  I  should  judge 
not  over  10  per  cent. 

SEINES. 

Q.  What  has  been  the  diflftculty,  during  the  last  ten  or  fifteeu  years, 
of  fishing  for  mackerel  within  the  three-mile  shore  Mne? — A.  The  only 
difficulty  in  using  a  purse-seine  is  on  account  of  the  water  being  shallow. 

Q.  It  is  dangerous  to  the  seines? — A.  Yes. 

Q.  The  bottoms  are  generally  rocky  on  our  coast? — A.  Yes,  sir;  they 
don't  like  to  take  the  chances  with  a  seine  worth  from  $1,000  to  $1,200. 

Q.  Does  the  same  difficulty  prevail  in  the  Canadian  waters?— A.  It 
does. 

Q.  So  far  as  your  experience  extends  with  the  fishermen  of  Portlaml, 
how  much  of  their  fishing  is  done  in  the  English  waters  for  mackerel— 
A.  "Very  little. 

Q.  And  during  the  last  fifteen  or  twenty  years  what  proportiou  of  it 
has  been  done  within  the  three-mile  shore  line  since  the  invention  of  the . 
purse-seine? 

The  Witness.  In  the  English  waters? 

Senator  Feye.  Yes. 

A.  Oh,  very  little  indeed  has  been  done  within  the  three  miles. 

three-mile  limit. 

Q.  If  there  was  a  treaty  existing  today  by  which  you  had  the  right] 
to  go  iu  the  Canadian  waters  within  the  three-mile  shoreline,  woiildj 
any  of  your  vessels  go  there  to  fish? — A.  I  tliink  perhaps  there  inightj 


AMERICAN   FISHERY   INTERESTS. 


809 


be  localities  witbin  that  limit  where  they  could  fish  with  perfect  safety^ 
but  as  a  general  rule  1  don't  think  they  would  make  uee  of  the  privilege 
to  fish  wtbin  three  miles  of  the  shore. 


COD  AND  HALIBUT. 

Q.  Where  do  jour  vessels  take  cod? — A.  At  the  Western  Bank, 
mostly,  and  Quereau. 
Q.  bo  jou  flsh  for  halibut? — A.  We  do  not. 

BAIT. 

Q.  In  Ashing  in  Canadian  waters  for  halibut — I  do  not  mean  in  waters 
ivithiu  their  jurisdiction,  but  oft'  their  coast  on  the  Banks — what  neces- 
sity is  there  for  your  fishermen  to  go  into  their  ports  for  bait? — A.  Not 
any  vfhatever.  All  oar  vessels  for  cod-fishing  use  salt  bait,  which  we 
get  here,  antl  about  all  the  fishing  done  in  Maine  is  done  with  the  use 
of  salt  bait. 

Q.  What  kind? — A.  Clams;  the  same  as  the  Nova  Scotia  people  use. 

Q.  So  that  that  privilege  of  going  to  buy  bait  into  English  waters  is, 
in  your  opinion,  woWh  nothing? — A.  Not  to  us  here;  for  what  we  call 
the  dory  fishing,  hand-line  fishing;  that  is  about  all  we  do  here. 

Q.  You  do  not  trawl? — A.  We  trawl  some,  but  very  little. 

By  Senator  Edmunds  : 

Q.  Why  do  you  require  a  different  bait  in  trawling? — A.  On  the 
trawl  they  use  a  fresh  bait;  the  trawl  extends  a  long  distance. 

Q.  But  if  a  cod  will  bite  a  salted  clam  at  the  end  of  a  hand  line,  why 
Dot  on  the  trawl? — A.  No  doubt  he  would  bite  it,  but  still,  where  these 
vessels  go  they  come  to  anchor  and  drill  for  their  iish,  and  they  take 
along  string  of  gearing  and  thousands  of  hooks,  iud  they  use  fresh 
bait  because  they  think  the  fish  will  take  it  more  readily  than  salt  bait. 

By  Senator  Fkye  : 
Q.  Is  there  any  necessity  of  going  into  the  ports  of  Canada  to  get 
I  fresh  bait? — A.  It  is  not  necessary;  they  can  get  it  here  and  take  it 
with  them.    There  are  thousands  and  thousands  of  barrels  caught  no 
further  off  than  Wood  Island. 


CANADIAN  PORT  PRIVILEGES. 

Q.  Do  you  consider  valuable  the  privilege  of  going  into  Canadian 

[ports  to  buy  bait? — A.  I  do  not  consider  it  of  any  value  at  all."  The 

vessels  that  go  there  with  salt  bait  get  their  trips  a  goofi  deal  quicker 

tliauif  they  had  had  to  go  for  fresh  bait,  because  sometimes  they  have 

jto  go  a  hundred  miles  for  fresn  bait,  and  before  they  get  back  to  their 

'  hiug  grounds  the  bait  may  spoil.    Then,  again,  it  is  an  inconvenience 

lintbis  way:  When  the  crews  go  ashore  they  almost  invariably  make 

jilrafts  on  account  of  certain  things  they  want.    So,  on  the  who^e,  I 

Ife  it  that  it  would  be  better  for  us  to  send  all  our  vessels  with  salt 

ito  the  Banks  than  it  would  be  to  depend  on  fresh  bait  on  the  Nova 
|Scotia  shore. 

Q.  Then,  so  far  as  the  Canadian  ports  are  concerned,  other  than  for 
Iporposes  of  shelter,  water,  wood  and  repairs  of  damages,  it  would  be 
liietterfor  the  fishermen  of  Maine  if  they  were  not  permitted  to  go  in  at 
P'-A.  I  think  so;  I  don't  think  there  is  any  occasion  for  them  going 


810 


AMERICAN   FISHERY   INTERESTS. 


in  for  shelter^  because  our  vessels  are  far  from  there.  Perhaps  they 
might  be  able  to  go  in  in  C3«e  of  a  storm,  but  generally  during  tlieflsli. 
ing  season  we  have  no  occasion  whatever  for  shelter  or  water-»-tbat  is 
for  our  vessels  from  here. 

FREE  Fisn. 

Q.  What  can  Canada  give  the  Maine  flshernien,  so  far  as  you  know, 
that  would  be  an  equivalent  for  our  market  to  themf 

The  Witness.  Our  market  free  to  them  ? 

Senator  FiiYE.  Yes.  v 

A.  Not  anything.  I  can't  see  anything  that  they  have  to  give  us  to 
offset  the  advantage  they  would  gain  by  a  free  market  here. 

Q.  Do  you  know  anything  that  would  be  valuable  to  the  Maine  fish- 
ermen that  could  form  the  basis  of  a  treaty  with  Canada  reciprocal  in 
its  character? — A.  I  do  not. 

VESSELS  AND   OUTi^'ITS. 

Q.  What  does  your  outfit  cost? 

The  Witness.  That  is,  just  the  i)rovision8,  you  mean,  or  the  barrels,  I 
salt,  and  everything? 

Senator  Frye.  Take  the  whole  outfit. 

The  Witness.  The  seines,  too  ? 

Senator  Frye.  Leave  them  out.  The  fitting  out  you  make  foraj 
voyage. 

A.  For  a  Bank  trip  they  might  cost,  taking  the  dories,  the  salt,  bait,  J 
and  lines,  81,200. 

Q.  And  does  that  include  provisions? — A.  Yes;  I  think  $1,200 toj 
$1,500  would  perhaps  cover  the  whole. 

Q.  How  would  the  Canadian  outfit  compare  t^ith  yours  iu  cost?— A.j 
I  cannot  sny. 

Q,  You  do  not  know? — A.  Only  what  I  gather  from  wbat  I  LaveJ 
heard. 

Q.  You  may  state  from  the  best  information  you  have  from  fisberJ 
men. — A.  From  the  best  information  I  have  from  fishermen  they  can  filj 
a  great  deal  cheaper  than  we  can;  they  live  differently. 

Q.  More  cheaply  ? — A.  Yes,  sir.  We  are  a  sort  of  progressive  peo 
pie,  and  even  the  fishermen  want  the  best  there  is,  so  that  we  have  toj 
fit  our  vessels  with  the  very  best  possible. 


provisions. 

Q.  What  J.U  you  put  on  board  your  fishermen  for  food  ?— A.  Tb 
same  almost  as  we  have  at  hotels. 

Q.  Coffee  and  tea?— A.  Yes,  sir;  and  pork.  When  they  live  at  liou 
they  live  off  the  market;  when  they  get  in  off  a  trip  they  generally] 
to  market  for  fresh  food,  vegetables,  &c.  Some  even  take  conik'iisei 
milk,  tamarinds,  ai)ples,  and  everything  of  that  kind. 

COMPENSATION   OF  FISHERMEN. 

Q.  On  what  terms  do  your  vessels  engage  iu  fishing?— A.  Tboysai 
on  what  we  call  half-line;  that  is,  the  owners  of  the  vessels  furnish  tM 
vessel  with  everything  required  to  catch  fiih,  and  the  crewbaveoiij 
half  the  proceeds  of  the  fish,  and  out  of  their  half  they  pay  tbe  coor 
wages  and  one-half  the  bait  byi. 


AMERICAN   FISHERY   INTERESTS. 


811 


Q.  When  do  they  get  their  pay? — As  soou  as  the  fish  are  sold.  For 
iDStance,  if  a  vessel  comes  iu  today  with  mackerel,  just  as  soon  as  they 
are  sold  the  crew,  as  a  general  thing,  are  settled  with ;  or,  if  they  leave 
before  the  mackerel  are  sold,  they  are  settled  with  when  they  return. 

Q.  Are  they  paid  in  cash  ? — A.  They  are. 

Q.  Do  you  know  whether  or  not  the  Canadian  fishermen  are  paid  out 
of  stores? — A.  1  am  told  that  they  live  out  of  the  stores  altogether. 

EFFECT  OF  DUTY  UPON  THE  CONSUMER. 

Q.  When  your  vessels  come  in  they  sell  tlieir  cargoes  of  fish  to  the 
wholesjiler,  do  they? — A.  Yes,  sir. 

Q.  And  then  what  becomes  of  them  ? — A.  If  they  are  codfish  they 
are  cured  and  put  into  the  market,  and  then  they  are  shipped  all  over 
the  country.  Our  mackerel  are  packed  ready  for  market,  and  then  they 
are  shipped  all  over  the  country. 

Q.  Do  you  deal  to  any  extent  in  fresh  fish  ? — A.  Not  any. 

Q.  What,  in  your  opinion,  is  the  effect  of  the  present  duty  upon  the 
price  of  fish  to  the  consumer? — A.  It  has  no  effect  whatever. 

Q.  If  there  is  any  effect  it  is  between  the  fishermen  and  the  whole- 
saler?—A.  Yes,  sir;  I  do  not  think  the  consumer  has  to  pay  any  more 
with  duty  than  he  would  without. 

Q.  Have  you  ever  noticed  that  the  duty  had  increased,  or  that  the 
absence  of  duty  has  decreased,  the  price  of  fish  to  the  consumer  dur- 
ing the  last  fifteen  years  ? — A.  I  don't  know  that  the  duty  has  any- 
tbing  to  do  with  it  whatever.  In  fact,  it  is  strange  that  salt  fish  were 
uever  so  low  as  they  are  at  the  present  time  with  the  duty  on. 

FREE  FISH. 

Q.  Then,  if  the  duty  does  not  affect  the  prices  of  fish  to  the  con- 
sumer, what  is  your  objection  to  opening  our  markets  to  the  Canadians 
and  allowing  them  to  bring  in  their  fish  free  ? — A.  Well,  I  believe  that 
New  England  is  sufiQciently  equipped  now  so  that  we  can  furnish  this 
country  with  all  the  fish  it  wants.    I  believe  if  you  open  this  market 
free  to  the  Canadians  it  wUl  encourage  them  to  increase  the  number  of 
their  fishermen.    They,  or  course,  can  feed  their  men  cheaper  than  we 
can,  and  as  a  general  thing  they  can  catch  their  fish  cheaper  than  we 
can;  and  if  they  come  into  this  market  free  it  is  going  to  have  some 
effect  upon  the  amount  of  fish  we  bring  in.    I  believe  this  is  an  indus- 
try that  is  worth  protecting.    Htre  are  millions  of  dollars  invested  in 
this  business,  and  I  believe  New  England  is  entirely  able  to  furnish  all 
the  fish  required,  and  so  I  don't  believe  we  ought  to  do  anything 
thereby  we  will  increase  an  icdustry  to  foreigners  at  the  expense  of 
our  own  people.    You  can  see  that  the  materials  entering  into  the  con- 
struction of  their  vessels  cost  so  much  less  with  them  than  with  us,  and 
their  manner  of  living  is  so  much  less  costly ;  and  taking  everything 
into  consideration,  with  the  tariff"  of  duties  that  we  have  to  pay  upon 
*verylhing  that  enters  into  the  construction  of  our  vessels,  it  would 
seem  to  me  to  be  impossible  for  us  to  compete  with  them  if  they  had 
the  privilege  of  bringinif  their  fish  in  here  free.    It  would  have  a  ten- 
<iency  to  increase  their  fleet ;  for  the  last  eight  or  ten  years  their  fleet 
has  actually  increased  about  33  per  cent,  and  ours  has  fallen  off.    Of 
tourse  there  has  been  a  cause  for  this. 


I  I'  ) 


■■i 


,j. 


$ 


T 


m 


812 


AMERICAN   FISHERY    INTERESTS. 


FISHERY  BUSINESS  OF  GLOUCESTER  AND  PORTLAND. 

Q.  That  was  under  the  influence  of  the  treaty  of  1871 !— A.  Yes,  sir. 
This  is  a  very  large  business.  You  have  been  to  Gloucester  and  have 
seen  the  extent  of  it  there.  We  consider  ourselves  second  in  tbe  fish 
business,  and  year  before  last  we  came,  I  think,  within  8,000  barrels  of 
taking  as  many  mackerel  as  they  did  at  Gloucester.  We  took  lOl.OOo 
and  they  109,000. 

DUTY  ON    SALT  FISH. 

By  Senator  Edmunds  : 

Q.  Have  any  Canadian  salt  fish  come  to  Portland  within  a  year!— 
A.  Yes,  sir ;  most  every  month  they  come  here. 

Q.  Both  mackerel  and  cod  I — A.  Both  mackerel  and  cod. 

Q.  Who  do  you  think  bears  the  duty  that  is  paid  on  cod  now !  Does 
it  fall  on  the  Canadian  shipper,  or  fisherman,  or  does  it  fall  on  the 
wholesale  dealer  who  buys  it  of  the  Canadian  ? — A.  I  think  it  falls  on 
the  one  who  brings  it  here. 


COD  AND  MACKEREL  FISHERIES  OF  MAINE. 

By  Senator  Frye  : 

Q.  How  many  flshibg  vessels  do  you  think  there  are  in  Maine  engaged 
in  the  mackerel  and  cod  fisheries  ? — A.  I  estimate,  from  my  best  knowl- 
edge, taking  all  there  are  in  the  fishing  business,  perhaps  600  sail. 

Q.  They  average  about  how  many  men  to  a  vessel? — A.  Ten. 

Q.  Do  not  yours  average  more  than  10? — A.  Yes,  sir  j  I  was  taking 
small  ones  and  all.    Our  mackerel  catchers  will  average  about  15  or  16. 

NATIONALITY  OF  FISHERMEN. 

Q.  What  proportion  of  your  men  are  American  citizens?  I  do  not 
mean  born  here. — A.  Take  our  mackerel  catchers,  and  I  think  that  I 
can  safely  say  that  seven-eighths  of  them  belong  here  in  Maine.  Oar 
cod-fishermen  may  be  somewhat  di^eient,  because  we  have  some  that 
come  from  Nova  Scotia  to  ship  ia  out  vessels ;  still,  when  they  come 
here  a  great  many  of  them  remain  and  becoype  citizens.  Our  mackerel 
fishery  is  more  in  the  hands  of  ounown  people. 

Q.  What  kind  of  sailors  are  these  ? — A.  Good  sailors  ;  no  better.  I 
think  I  have  got  vessels  that  haven't  a  single  man  on  them  but  Amer- 
ican. 

FREE  FISH. 

Q.  What,  in  your  judgment,  would  be  the  elfect  of  a  treaty  giving  our  I 
markets  free  to  Canada  lor  15  or  20  years  ?— A.  I  think  tlie  business  j 
would  have  to  be  abandoned  by  Americans. 

Q.  Where  would  the  fishermen  go  t— A.  They  would  go  to  Nova  Scotia, 
You  would  find  that  the  fish  would  become  a  luxury,  instead  of  cheai>| 
food  as  they  are  now,  for  it  is  almost  impossible  for  us  to  net  along  uow. 
In  fact,  the  duties  are  not  as  high  as  they  ought  to  be.    There  ought  t()i 
be  a  change  made  in  some  way,  it  seems  to  me,  because  the  duty  of  fij 
has  not  a  sufficient  effect  in  keeping  them  out.  I 

Q.  The  duty  is  very  low  ?— A.  Very  low.  Fifty-six  cents  a  quintal  is a| 
small  object,  of  course,  but  it  i."  not  enough  to  pay  for  the  difference  thatj 
we  have  to  have  between  our  methods  of  fitting  and  furnishing  oiir  ves'| 
sels  and  theirs. 


AMERICAN    FISHERY    INTERESTS. 


FRESH  FISn. 


813 


Q.  Has  the  market  for  fresli  flsb  beeu  iucreusing  very  heavily  1 — A. 
Very  much. 

Q.  Hiive  you  notice  1  that  it  has  had  auy  effect  on  the  market  for  salt 
fislii— A.  Perhaps  it  may  have  had  some  little  effect,  but  still,  all  the 
lisli  that  are  caught  are  sold  after  a  while. 

Q.  Lliive  not  the  methods  of  preserving  tVsh  fresh  aud  putting  them 
upon  the  markets  changed  entirely  within  the  last  10  or  IG  years? — A. 
They  have  entirely. 

FROZEN  FISH. 

Q.  They  are  now  taken  in  refrigerator  cars,  after  having  been  frozen 
anil  transported  all  over  the  country  ? — A.  Yes,  sir. 

Q.  So  that  our  fish  may  be  preserved  by  freezing  or  bjt'  being  packed 
ill  ice  ajmost  as  well  as  by  being  cured? — A.  They  can  be  preserved  a 
long  time.  I  s^uppose  they  can  be  carried  a  fortnight,  and  I  don't  know 
bat  longer,  and  by  a  certain  process  they  can  be  preserved  a  year,  in 
the  ice  refrigerators. 

Q.  If  a  cargo  of  fish  comes  in  and  is  entered  at  Portland,  is  there  any 
ili&iculty  about  transporting  them  to  the  city  of  Lewiston  and  there 
kviuj:  them  all  cured  ? — A.  None  at  all. 

Q.  So  that  the  law  is  very  easy  to  be  evaded? — A.  Yes,  sir. 

DUTY. 

Q,  What,  iu  your  opinion,  ought  to  b(»  done  as  to  fresh  fish? — A.  I 
(iou't  know  as  I  am  prepared  to  say ;  perhaps  others  know  more  about 
that  than  I  do, 

Q.  I  mean  as  to  the  imposition  of  a  duty. — A.  I  think  there  ought  to 
be  a  duty  upon  fresh  fish. 

Q.  That  is,  upon  fish  landed  in  a  frozen  condition  ? — A.  Yes,  certainly ; 
they  are  really  as  much  preserved  as  salt  fish. 


V  EXPORTATION   OF  FISH. 

Q.  Do  you  export  any  fish  ? — A.  We.  do  some ;  that  is  done  mostly 
through  commission  merchants;  the  fish  go  to  the  West  Indies  princi- 
pally.   We  make  a  great  many  of  our  fish  for  export. 

Q.  Is  there  any  country  to  which  you  export  fish  in  which  you  are  not 
met  with  a  duty? — A.  We  do  not  do  enough  of  that  business  to  be  ac- 
quaiuted  with  it. 

CLOSE  SEASON. 

Q.  I  want  to  ask  you  your  own  opinion,  and  the  opinion  of  the  Maine 
fishermen,  as  to  a  close  season.^ — A.  I  am  glad  you  asked  me  about  that. 
lam  sure  that  is  tfae  only  salvation  for  the  mackerel  business.  I  can 
assure  you  that  unless  there  is  something  done  to  protect  the  fisheries 
ill  the  early  part  of  the  season  it  will  only  be  a  few  years  until  the  mack- 
we'  business  will  be  a  thing  of  the  past. 

Q.  Why? — A.  Because  taking  the  fish  in  their  spawning  season  de- 

''troys  them;  not  only  that,  but  taking  a  fleet  of  vessels  and  going  into  a 

j  school  of  fish,  must,  of  course,  drive  them  away;  the  larger  fish  go  off- 

I  «tiore  and  seek  some  other  place.    For  inst^ruce,  I  sometimes  believe 

'hat  the  cause  of  there  being  so  many  fish  in  the  Canadian  waters  this 


n\: 


H14 


AMERICAir    FISHERY    INTERESTS. 


year  is  on  account  of  our  fleet  of  ISO  sailing  vessels  K<)i»ff  soiuli  and 
scattering  them,  and  driving  tliem  away;  really  (aliasing  tiieni. 

Q.  Do  you  tbink  those  mackerel  are  good  for  anything  to  eat  wbeu 
they  are  carrying  spawn  f — A.  Not  when  they  are  carrying  sj)awn. 

Q.  When  they  deposit  their  spawn  they  go  deeper,  do  they  uot,  so 
that  yon  cannot  take  them  ? — A.  Yes,  sir. 

Q.  So  that  in  the  months  of  April  and  May,  in  your  opinion,  they  are 
not  fit  to  eat? — A.  They  are  not;  they  are  very  poor;  they  are  notfli 
for  an  article  of  food,  although  they  are  carried  to  New  York  iu  abmi- 
dance  and  eaten.  Still,  1  do  not  believe  they  are  fit  to  eat ;  and  not  oulv 
that,  but  1  believe  every  one  of  those  fish  you  catch  is  destroying  a  bet- 
ter flsh,  and  in  fact  destroying  thousands  offish. 


HABITS  OF  MACKEREL. 

By  Senator  Edmunds  : 

Q.  What  time  do  the  mackerel  first  appear  on  this  coast! — A.  About 
the  first"  or  middle  of  June. 

Q.  Do  they  spawn  after  thf  y  get  here? — A.  As  a  general  thing,  I 
don't  think  they  do ;  there  may  be  a  few  exceptions,  but  as  a  geueral 
thing  I  think  the  flsh  spawn  previous  to  June. 

Q.  Do  you  think  they  spawn  farther  south  ? — A.  Farther  south;  yes. 

Q.  Do  you  belie\-«)  that  the  flsh  that  were  found  ofl:'  Hatteraslast 
March,  for  instance,  and  so  along  up  the  coast  ott"  Maryland,  Delaware, 
and  Istw  Jersey,  and  off  Block  Island,  are  the  same  ones? — A.  1  do. 

By  Senator  Frye  : 

Q.  What  do  you  understand  to  be  the  opinion  of  the  mackerel  fisher- 
men of  Maine  as  to  this  question  of  a  close  time  ? — A.  I  believe  tliat  I 
could  get  ninety-nine  out  of  one  hundred  to  say  that  that  is  cue  thinjf 
that  ought  to  be  done,  to  make  a  close  season.  I  am  sure  that  tblsis 
the  opinion  of  the  great  majority  of  all  flshermen  iu  Maine. 

Q.  Is  that  early  fishing  conducted  by  any  flshermen  except  those  of 
Maine  and  Massachusetts? — A.  No,  sir. 

Q.  None  in  New  York? — A.  None  in  New  York. 

Q.  And  none  farther  south? — A.  None  farther  south.  .  />* 

By  Senator  Edmunds  : 

Q.  Do  those  flsh  cspawn  iu  the  Gulf  of  St.  Lawrence  ? — A.  I  don'r 
think  they  do. 

Q*.  You  think  wheii  they  are  flrst  found  in  the  Gulf  of  St.  Lawrence  is 
after  they  have  flnished  their  spawning? — A.  Yes,  I  think  so 

THREE-MILE  LIMIT. 

By  Senator  Frye  : 

Q.  Have  any  of  your  vessels  met  with  any  difficulty  down  there  '—A. 
Not  any. 

Q.  They  have  not  been  within  the  three-mile^  shore  line!— A,  Ii)re 
sume  not.  We  have  had  two  or  three  there  fishing,  but  we  gave  them 
instructions  not  to  flsh  within  the  three  miles,  and  I  presume  tbey  have 
not. 

Q.  Have  you  pursued  any  mackerel  flshing  in  the  Gulf  of  St.  Law- 
rence? 

The  Witness.  This  year! 

Senator  Frye.  Yes. 

A.  We  had  three  or  four  vessels  this  year. 


IMPORTATIOI 


AMERICAN    FIHHERY    INTERESTS. 


815 


Q.  Di<l  they  lish  within  threj  miles  of  the  shore  liael — A.  They  say 
;hev(li<l  not. 

(}.  yViis  there  any  necessity  for  doinfj  ho! — A.  No,  sir. 

Q.  \V»MO  there  any  other  Portland  flHhernien  up  there? — A.  Some. 

Q.  Ditl  they  flnh  within  that  limit?— A.  I  don't  think  they  did-,  T 
Ibiuli  they  sdl  had  instruotiona  to  avoid  it.  Even  if  they  ha<l  desired  to 
isli  80  iHNir  shore  the  water  is  so  shallow  that  they  could  not  do  it  with 
safety. 

Q.  With  seines? — A.  No,  sir;  not  with  seines.  That  is  about  all  the 
lay  it  is  done  now.  ^ 

CLOSE   SEASON. 

By  Senator  Saulsbitry  : 
Q.  What  would  be  the  efi'ect  upon  the  consumers  of  fresh  fish  if  we 

I  were  to  have  a  close  season?  Do  you  suppose  they  could  procure  any 
other  flsh  as  cheap  as  those? — A.  I  should  think  it  woujd  give  the  peo- 

I  pie  of  the  South  a  much  better  chance  to  market  their  shad  caught  oflF 
lie  Jersey  shore. 
Q.  I  understood  you  to  say  that  there  was  a  large  quantity  of  fresh 

Ikh  caught  in  the  spring  and  consumed  in  New  York  and  at  other 
points!— A.  Yes,  sir. 
Q.  Of  course  they  are  consumed  by  the  poorer  classes  of  the  city 

I wd  surrounding  country.  I  say,  can  they  find  anything  else  as  a  sub- 
ititateso  cheap  as  those? — A.  1  think  so.  I  think  other  fish  are  sis  jden- 
tifalas  those.  The  shad  caught  on  the  Jersey  shore  would  have  a  bet- 
ter market;  and  the  codfish  and  haddock  which  they  catch  there  are 
abnudant.  I  don't  see  vhy  they  couldn't  find  a  substitute.  It  is  not 
always,  you  know,  that  they  arc  cheap.  For  instance,  last  year  mack- 
erel vcie  quite  high  there  ;  they  w?re  scarce  for  a  time,  and  there  were 
not  so  many  carried  in  as  there  were  the  year  before.  The  year  before 
tbey  were  brought  in  in  abundance,  and  I  have  been  told  there  were 
more  destroyed  than  eaten.     That  is  where  the  difficulty  is ;  destroying 

|ioinany  in  the  schools. 

IMPORTATIONS  OF  SALT  AND  FRESH  FlSH  FROM  CANADA. 

Q.  What  proportion  of  the  fish  that  arrive  at  this  port  are  sent  by  the 
jCanadians  or  Provinces  ? 

The  Witness.  The  proportion  sent  here? 

Senator  Saulsbury.  Yes. 

A.  Very  few  mackerel  are  sent  here  from  the  Provinces,  but  quite  a 
[iiamber  of  cod  are  brought  in. 

Q  I  am  speaking  of  fresh  fish. — A.  I  think  the  amount  of  fresh  fish 
|biig;ht  in  from  there  is  very  limited. 

Q.  What  proportiop  do  you  su[)pose  of  the  fresh  fish  that  are  sent  to 
Boston  and  other  different  ports  of  New  England  are  caught  by  Cana- 
fans  and  citizens  of  the  Provinces? — A.  All  I  know  is  what  I  saw  in 
jllie  papers  recently,  that  they  had  been  sending  a  great  many  fresh  fi.sh 
pere.but  probably  it  i.  a  small  proportion  of  what  are  caught,  because 
he  liave  a  great  many  vessels  here  and  in  Boston  that  are  fresh-fish 
[fessels  and  do  nothing  else. 

Q.  What  proportion  of  the  salt  mackerel  sold  at  this  port  and  the 
jfations  ports  of  New  England  and  other  points  are  caught  by  the  Ca- 
Itediaus,  compared  with  those  caught  by  vessels  belonging  to  this 
P»try?_A.  I  could  state  exactly  if  I  had  the  statistics;  my  judg- 

«Bt  would  be  perhaps  20  per  cent. 


8in 


AMERICAN    FISHERY    INTERESTS. 


Q.  Has  the  preHcnt 
exportation  of  Malt  Am 
have  a  certain  quality 
packitif;  {nirijDMCH  and 
say.    Their  (<inall  fish 

Q.  Then  th(i  tariff  h 
of  Now  Eiiffland,  as  I 
tection. 

UNITED 


tariff  upon  Canadian  flsh  tended  to  rcHtricttbe 
li  from  (Janadaf — A.  1  think  not.  I  think  they 
that  has  to  seek  this  market.  Largo  codfltdjfor 
export  oino  hero  almost  exclusively  you  might 
they  ship  directly  to  the  West  Indies, 
as  not  furnished  any  i)roteetion  to  the  flsliernicnl 
understand!— A.  Not  particularly.    Itianoproi 

STATES  AND  CANADIAN  VESSELS. 


Q.  You  spoke  of  the  relative  cost  of  your  vessels  and  of  Cauadianj 
vessels,  and  said  that  Canadian  vessels  would  not  cost  more  tluia  oBe-l 
half  of  ours.  What  is  the  rea.son  of  that  ?  Ilave  you  Ixitter  ve8sel8f-A.| 
We  have  better  vessels ;  we  have  vessels  built  of  oak  and  hard  wo 

Q.  Take  one  of  your  vessels  of  really  just  about  the  same  value  m 
Oanadian  vessel,  and  what  would  it  cost  hero! — A.  I  don't  exactly nnJ 
■derstand. 

Senator  Edmunds.  Built  the  same  way  and  of  the  same  material,! 
suppose. 

Senator  Saulsbuby.  I  mean  of  just  the  same  intrinsic  value,  sajj 
$o,0()().     If  the  Canadian  vessel  was  worth  $5,000,  what  kind  of  a  ve 
sel  would  $5,000  expended  here  build,  of  the  same  kind  and  out  of  tb^ 
same  material  ? 

A.  I  don't  know  as  I  could  answer  that  intelligently,  because  I  doit 
know  that  I  am  sufficiently  acquainted  with  the  building  of  vessels. 

duties. 

Q.  You  spoke  of  the  duties  ui>on  articles  entering  into  the  constrnd 
tion  of  your  vessels  as  one  of  the  items  of  increased  cost.  Do  you  knoi 
about  what  duties  would  be  paid  upon  the  materials  of  a  vessel  tiiaf 
costs  $10,000  ? — A.  It  is  my  impression  that  it  is  about  30  percenj 
upon  the  material,  is  it  not  I 

Q.  Upon  such  material  as  is  dutiable,  but  all  the  material  that  go 
into  a  vessel  is  not  subject  to  duty  ? — A.  No,  not  all. 

Q.  What  articles  that  enter  into  the  construction  and  equipment  of  j 
vessel  are  subject  to  duty  ? — A.  The  iron,  I  suppose,  hemp,  riggings,  aii| 
sails. 

Q.  And  anchors,  I  sui^pose  1 — A.  Yes,  sir. 


TESTIMONY  OF  CHAELES  A.  DYER. 

Portland,  Me.,  October  C,  1886.J 
CHARLES  A.  DYER  sworn  and  examined. 

By  Senator  Frye  : 
Question.  Where  do  you  live  ? — Answer.  Portland. 
Q.  What  is  your  business? — A.  Fish  business. 
Q.  How  long  have  you  been  in  it  ? — A.  About  eighteen  years. 
Q.  Do  you  own  vessels  ? — A.  I  do. 

Q.  How  many?— A.  I  own  eighteen  first-class  vessels  and  a 
miany  small  ones — what  you  call  shore  vessels. 


AMERICAN    FISHERY    INTERESTS. 


817 


Q.  How  long  have  you  been  the  owner  of  vesselH  ?— A.  For  eighteen 


Iveiirs. 

y.  For  the  last  ten  or  twelve  years  wh.it  kiutl  of  busini«88  have  your 
Iri'ssels  hwii  engaged  int — A.  JNIoHtly  in  tlie  niackerel  bunineHS. 

Q.  Auy  iu  the  eod  I — A.  No,  Hir. 

MACKEREL— WnEUE  TAKEN. 

Q,  During  the  hwt  twelve  or  (ll'tet'ii  ytuirs  where  have  the  bulk  of 
ivour  mackerel  been  taken  1 — A.  On  the  American  Hhore. 
I'  Q.  How  far  ont  t — A.  They  have  been  taken  inuhore  and  olVshore. 

y,  What  proportion  ontsiile  of  the  three-mile  line  along  onr  whore  t — 
|a.  1  could  not  say  as  to  that. 

Q.  A  very  much  greater  proportion  than  inside  ? — A.  I  think  so,  on 
Recount  of  th«i  shoal  water. 
Q.  Do  all  yonr  vemsels  nse  seines  for  nniekerel? — A.  Yes,  sir. 
({.  Do  yon  go  Sonth  in  March  1 — A.  Yes,  sir;  I  send  fonr  or  live  ves- 
*ls. 

Q.  How  long  do  they  i)nrsue  the  mackerel  llshing  bnsinesa  in  the 
leiwouf— A.  They  start  abont  the  151  h  of  March  and  they  get  back 
liboutthe  1st  of  June. 

VESSELS   AND  OUTFITS. 

Q,  What  is  tlie  average  tonnage  of  yonr  niackerel  vessels  t — A.  Sev- 
Inty-flve  tons. 

[  Q.  What  is  their  average  cost  ready  for  business  ? 
I  The  WITNESS.  Taking  seines  and  everything  f 
I  Senator  Fbye.  No ;  rigged  for  sea. 

A.  About  $9,500  apiece. 
I Q,  Are  they  built  of  white  oak  ?— A.  They  are. 

Q.  They  are  substantiaHy  built,  to  stand  the  sea  If — A.  Yes,  sir. 
I Q,  What  does  the  average  outfit  for  a  season  cost  f — A,  From  $1 ,200 
[)>l,r)00;  some  more  and  some  less. 

[Q.  That  does  not  include  the  seines  ? — A.  No;  that  is  for  the  season, 
K  whole  season,  not  for  the  Southern  season,  aiid  includes  provisions. 
[Q.  What  kind  of  provisions  do  you  furnish  your  men? — A.  Good; 

out  the  same  as  wo  have  to  home  ourselves. 


INSHORE  FISHING. 

|Q.  Have  you  during  the  last  ten  years  engaged  in  catching  mackerel 

I  English  waters  ? — A.  Yes,  sir,  but  very  little;  most  of  our  vessels 

pflsbed  on  this  shore. 

[Q.  Any  within  the  three-mile  inshore  line  of  Canada  ? — A.  No,  sir;  I 

[ink  not. 

IQ.  Where  have  you  been  Ashing  this  year  ? — A.  1  have  had  six  ves- 

Jsi'.i  the  Bay  of  Chaleur,  and  the  rest  have  been  on  this  shore. 

|Q.  Did  those  that  were  in  the  Bay  of  Chaleur  fish  inshore? — A.  No, 

What  has  been  the  result  of  this  season's  operations  ? — A.  It  has 
jfn  almost  a  complete  failure  on  this  shore,  and  about  the  same  at  the 
P  of  Chaleur. 

As  a  mackerel  fisherman  do  you  have  any  necessity  for  your  men 
^ng  into  Canadian  ports  ? — A.  No,  sir. 

S.  Ex.  1X3 53 


818 


AMERICAN   FISHERY   INTERESTS. 


Q.  Do  you  desire  them  to  go  iu  there  ? — A.  I  do  not. 
Q.  Is  there  any  occasiou  to  lish  within  the  three-mile  shore  Hue?- 
A.  No. 

BAIT. 

Q.  In  your  opinion,  based  oh  your  eighteen  years'  experience  in  tLe 
mackerel  fishery,  is  the  privilege  of  fishing  within  the  three-iuile  shore 
line  of  the  Canadian  coast  of  any  value? — A.  No,  sir. 

Q.  Is  the  privilege  of  buying  bait  worth  anything  to  you !— A.  No 
sir. 

FREE  FISH  AND  DUTIES.  ^ 

Q.  Do  you  know  of  anything  in  the  fishery  business  that  you  desire  | 
of  Canada,  and  which  she  can  give  you,  that  would  be  regarded  by  yon  i 
as  an  equivalent  for  free  markets  for  her  in  this  country  I — A.  Notbini;, 

Q.  What  have  you  to  say  about  the  duty  on  fish? — A.  1  think  If  | 
Canada  is  given  free  fish  we  shall  have  to  give  up  the  business  to  Can- 
ada, and  she  will  have  a  monopoly  of  it. 

Q.  Suppose  a  treaty  was  made  with  Canada  by  which  for  fifteeu  years  I 
she  could  have  free  entry  of  our  market,  what  would  bo  the  result  upoul 
the  fishermen  of  Maine  ? — A.  The  result  would  be  that  they  would  doj 
the  fish  business  and  we  should  have  no  fishing  fleet. 

Q.  If  you  continued  in  the  fishing  business  you  would  go  over  there?-] 
A.  I  should  go  over  there  or  go  out  of  the  business ;  I  should  have  tol 
go  out  if  I  staid  here. 

COMPENSATION   OF  FISHERMEN. 

Q.  What  are  the  average  annual  earnings  of  men  in  your  busiuess?-| 
A.  They  haven't  earned  anything  this  year  to  amount  to  anything. 

Q.  Taking  it  right  through  for  ten  or  twelve  years,  what  do  youthiiikl 
would  be  the  average  earnings? — A.  One  hundred  and  fifty  dollars nr| 
$200  during  a  season. 

Q.  What  is  the  season  ? — A.  From  the  15th  of  March  uuiil  the  Isto^ 
November. 

Q.  What  do  these  men  do  in  the  interim? — A.  They  go  to  sea,coaslrj 
ing,  and  go  iu  foreign  vessels,  and  some  go  to  fishing. 

'^    CREWS. 

Q.  How  many  men  do  you  have  in  all  your  vessels  and  bouts?— A.J 
Probably  in  vessels  or  boats  some  four  hundred  or  five  hundred. 

Q.  Hovir  many  men  will  your  mackerel  vessels  average  ?— A.  They 
will  average  about  sixteen  men  to  a  vessel. 

Q.  That  would  give  you  about  three  hundred  for  your  mackerel 
fleet! — A.  I  should  think  about  six  hundred  or  seven  hundred  thei 
These  small  boats  don't  carry  more  than  three  to  five  men. 


NATIONALITY  OF  FlSHERMiiiN. 

Q.  What  iii  the  nationality  of  those  men;  that  is,  what  proportion  ol 
them  are  American  citizens  ? — A.  I  should  say  seven-eighths  of  ray  me^ 
are  Americans. 

Q.  Maine  men? — A.  Most  of  them;  yes,  sir. 

Q.  According  to  your  experience  of  those  who  come  over  here  M 
Canada  and  engage  in  the  fishery  business,  ultimately  how  many  1' 


AMERICAN   FISHERY    INTERESTS. 


819 


como  American  citizeusi— A.  From  the  experieuco  around  here  it  is 
the  whole  of  tbem, 
Q.  Wiiat  kind  of  sailors  are  these  that  you  employ? — A.  First  class 
in  every  respect. 

COMPENSATION   OF  FISHERMEN. 

Q.  Do  all  of  your  men  j;o  on  what  is  called  "the  lay"? — A.  They 
do;  that  is,  in  the  large  vessels;  in  the  small  vessels  they  ^o  dilferently. 

Q.  How  in  the  small  vessels  ? — A.  They  find  their  own  food  and  give 
the  vessel  one-fifth,  and  they  get  all  the  fish.  We  furnish  all  the  tit- 
tiugs,  and  they  give  me  oue-hlth  of  the  product  of  the  voyage. 

PROFITS  OF  MACKEREL  FISHING. 

Q.  For  the  last  twelve  years,  during  the  life  of  the  treaty  of  VVasfc- 
ingtou,  what  has  been  the  business  of  mackeri'l  lishing  as  to  profits  ~- 
A.  Vessels  that  were  kept  inshore  have  been  quite  profitable  on  .jo 
average;  but  every  vessel  that  I  have  sent  to  the  Hay  of  St.  Lawr  nee 
lias  been  unprofitable  and  run  in  debt. 

Q.  Then  you  have  no  desire  to  send  mackerel  fishermen  up  into  lue 
Bay  of  St.  Lawrence? — A.  No,  sir  ;  not  if  I  can  help  it. 

Q.  Whether  they  fish  inshore  or  oflshore? — A.  No,  sir.  .       ^.. ; 


DUTY  UPON  ARTIFICIALLY   FROZEN  FISU. 

Q.  What  is  your  opinion  as  to  duty  u[)oii  artificially  frozen  fish? — A. 
[think  the  middleman  makes  all  the  money,  and  the  consumer  pays 
just  the  same. 

Q,  Whether  there  is  duty  or  not? — A.  Whether  there  is  duty  or  not; 
that  is  luy  opinion. 

Q.  In  your  ojiinion  should  there  be  a  duly  on  artificially  frozen 
yit-A.  There  should. 

Q.  Why? — A.  Because  an  artificially  frozen  fish  you  can  keep  a  long 
j  time  and  ship  it  into  the  interior,  and  salt  it  if  you  arc  a  mind  to,  and 
then  it  becomes  salt  fish.  It  is  clear  that  that  could  be  done  very 
[easily.  .--.''- 

FISH  IN   ICE.  '  ; 

Q.  Ls  there  any  difficulty  about  freezing  these  fish  so  as  to  send  them 
I  with  perioct  safety  all  over  the  country  wherever  railroads  reach? — A. 
[Not in  refrigerator  cars;  they  could  put  them  in  ice  here,  and  then 
*i'!i(l  tlicni  in  refrigerator  cars  and  keep  them  all  winter. 

Q.  Most  of  the  vessels  engaged  in  the  fresh-fish  business  take  ice? — 
|A.  Yes,  sir. 

Q.  Ami  they  preserve  them  where  they  catch  them  ? — A.  They  do. 

Q.  I  suppose  a  mackerel  lying  on  deck  without  ice  will  spoil  in  a  day, 
Itillitnot?— A.  Yes;  on  a  hot  day. 


CANNED  PISn. 

Q.  Do  you  have  anything  to  do  with  the  fresh-fish  business? — A.  Yes, 
|Mr;  1  can  fresh  fish ;  that  is  all. 
Q.  For  what  mai-ket? — A.  For  the  United  States  market,  all  over  the 

jcoimtry. 

Q.  What  are  those — mackerel? — A.  ISlackerel ;  yes. 

Q.  ]3o  you  export  any  ? — A.  No,  sir. 

%  Do  you  export  any  fish  at  all? — A.  A  very  few  salt  mackerel. 


820 


AMERICAN   FISHERY   INTERESTS. 


CLOSE  TERM. 

Q.  What  is  your  opinion  of  a  close  term? — A.  I  thinJ^  wo  ought  to 
have  a  close  term. 

Q.  Why  I — A.  To  protect  the  fish;  to  keej)  from  destroying  them 
around  New  York.  There  is  a  certain  season  that  they  catch  four  times 
what  can  be  consumed,  and  the  extra  ones  Jire  tlirown  back  into  tlie 
water  dead.  I  think  that  prevents  the  rest  of  the  country  from  gettin;,' 
those  fish  later  on  for  salt  fish. 

BAIT. 

Q.  From  your  experience  in  the  fishing  business  do  you  think  that 
our  fishermen  from  Maine  on  the  Banks  off  the  Canadian  shores,  iIki 
Grand  Banks,  and  others,  have  any  necessity  for  going  into  port  to  buy 
bait? — A.  I  should  think  not. 

Q.  What  bait  do  they  use? — A.  Our  fishermen  here  use  salt  cliiins. 

Q.  They  take  them  from  here,  do  they  not? — A.  Yes,  sir:  audthen 
we  have  weirs  all  along  the  coast  from  here  down  to  Eastjjort;  tbcv 
could  get  their  bait  theie.  A  number  of  these  vessels,  two  or  three 
that  1  know  of,  were  seized,  and  they  could  have  got  their  bait  here  just 
as  well  as  not,  and  in  that  way  have  avoided  seizure.  If  tliero  hud  uot 
been  that  report  in  the  papers  that  they  were  allowed  to  go  in  there  and 
get  bait,  they  would  not  have  gone  in  and  been  seized. 

Q.  In  your  opinion,  what  is  the  privilege  of  buying  bait  in  Canadian 
ports  worth  to  the  Maine  fishermen? — A.  Not  a  cent. 

Q.  Whether  or  not  you  concur  with  Captain  Whitten  that,  as  a  rule,  | 
the  voyages  would  be  more  successful  if  they  did  not  touch  in  Oauadian 
ports  at  all  for  any  reason  ? — A.  I  think  they  V)'ould. 

Q.  Is  there  anything  that  you  know  of  that  is  desirable  for  our  flsh- 
ermen  that  Canada  can  give  us  ? — A.  Nothing. 

Q.  Do  you  know  of  anything  that,  so  far  as  tlsh  are  concerned,  either  j 
the  catchers  of  fish,  the  owners  of  vessels,  or  the  consumers  ot  lish,  can] 
I'eceive  from  Canada  as  an  equivalent  for  a  free  market?— A.  >'o, 
don't  know  of  anything. 

EFFECT  OF  DUTY  ON  THE  CONSUMER. 


Q.  What  is  your  opinion  as  to  eflect  of  a  duty  upon  the  fish  that  tbe 
consumer  actually  receives  ? — A.  I  think  that  the  receivers  in  BostouJ 
where  they  have  free  fish,  make  more  profit ;  it  goes  into  tbe  hands o|^ 
the  middlemen,  and  the  consumer  gets  nothing. 

Q.  So  that  if  the  duty  has  any  effect,  either  Canada  pays  the  dnty 
herself  and  it  is  chargeable  entirely  to  her,  or  it  is  a  matter  iu  which  tboi 
wholesaler  and  fishermai!  alone  are  interested  ? — A.  That  is  it. 

Q.  The  retailer  it  does  not  affect  ? — A.  It  does  not ;  his  prices  ar^ 
just  the  sam*^. 

Q.  It  is  a  small  duty  now,  only  averaging  about  15  per  cent.?— ^^ 
That  is  about  it.  : 

Q.  If  the  same  duty  were  put  on  fresh  fish,  in  your  opinion,  would  ij 
affect  the  market  price  as  between  the  retailer  and  consumer?— A.  I 
don't  think  it  would;  I  think  the  middleman  and  retailer  would  makj 
the  profit  every  time.    The  price  would  be  the  same  to  the  consumer.. 

Q.  Who  do  you  think  at  the  present  time  payn  that  duty— the  Caiij 
dians,  or  the  men  who  buy  the  fish  here?— a1^  I  think  the  CamuhaiT 
pay  it. 


AMERICAN   FISHERY   INTERESTS. 


821 


DECREASE  OF  AMERICAN  FISHERIES. 

Q.  What  is  your  kuowledgo  as  to  the  increase  or  decrease  of  the  fish- 
ing interests  of  INIaine  dnrijig  the  pendency  of  the  treaty  of  Washiug- 
(011?— A.  I  could  not  tell  the  exact  percentafje,  but  there  has  been  a 
Kreat  decrease.  A  great  manj  vessels  were  formerly  engagred  in  the 
Ssliinj?  business,  which,  so  far  as  that  business  is  concerned,  are  extinct 
altogetlier. 

Q.  What  has  been  the  eflFect  upon  the  fisheries  of  (3anada? — A.  They 
liave  increased  tiieir  fleet  tenfold  f  should  say. 

Q.  Nova  Scotia  increased  very  largely,  did  she  not,  a  few  years  ago? 
-A.  Yes,  sir.  I  think  one  winter  tliey  l)uilt  eighty  fh'st-class  vessels; 
so  I  have  been  told. 

SHIPBUILDING. 


Q.  What  is  the  reason  you  cannot  compete  with  Canada  in  the  fish- 
ing business  ? — A.  Because  our  vessels  and  their  fittings  cost  more 
Tlierc  is  a  duty  on  everything  that  goes  into  the  construction  of  a  vessel 
men  to  lumber;  there  is  a  duty  on  that,  isn't  there  ?  .  .     .• 

Senator  Frye.  I  guess  we  don't  pay  much  duty  on  lumber. 

The  Witness.  On  everything  else  there  is  a  duty. 

Q.  Does  not  the  difference  in  wages  really  make  more  difference  than 
liiivtliiiiy:  else? — A.  That  mfikes  a  great  difference. 

Q.  In  building  your  vessels  do  you  not  pay  your  shij)  carpenters 
S^reatly  more  than  the  Canadians  pay  their  shi))  carpenters? — A..  Yes, 
sir. 

Q.  xind  in  all  your  wages  do  you  not  pay  more  than  Canadians  ? — A. 


Yos,  sir. 


WAGES. 


Q.  In  curing  the  fish  on  our  shore,  do  you  not  pay  about  $2  a  day? — 
A.  Yos,  sir;  about  that. 

Q.  Are  you  aware  that  the  Canadians  cure  their  fish  with  the  help  of 
women  and  children,  who  work  for  very  small  wages"? — A.  I  have 
heard  that;  yes,  sir. 

Q.  And  that  they  take  their  paj'  out  of  a  store  ? — A.  Yes,  sir. 

Q.  And  that  they  wait  for  their  ])ay  an  indefinite  length  of  time, 
[wliile  your  fishermen  get  theirs  as  soon  as  the  cargo  is  weighed  out? — 
1  A.  That  i.s  a  tact. 

Q.  So  that  all  those  differences  exist,  and  they  are  all  in  favor  of 
I  Canada,  are  I   oy  not  ?— A.  Yes,  sir. 

,  .         BAY  OF  CnALETTR. 

By  Senator  Edmunds  : 

Q.  You  say  you  had  some  vessels  fishing  for  mackerel  this  year  in 
Bayof  Chaleur?~A.  Yes,  sir. 

'I  Have  they  had  any  difficulty? — A.  No,  sir. 

Q.  The  British  have  not  attempted  to  keep  tliem  out  of  the  Bay  er- 
|tireiy!_A.  Ko,  sir;  not  to  my  knowledge. 

Q.  Have  they  made  more  than  one  trip  ? — A.  (3ne  of  them  has  made 
|wo  trips. 

Q.  Have  all  been  back  once? — A.  Yes,  sir.  They  are  ai!  a'o  home 
lw,l)ut  some  came  home  that  didn't  have  any  flsJi  at  all;  one  vessel 
m\t  liavo  a  bari'el,  and  she  went  down  there  some  three  or  four  weeks 


iS     ■       .,' 


822 


AMERICAN   FISHERY   INTERESTS. 


Q.  Do  you  know  bow  far  up  the  Bay  westward  tbey  went?— A.  I  do 
not.    They  did  not  go  within  the  three-mile  limits,  at  all  events. 

Q.  Is  any  one  of  your  eaptains  in  town  now  who  fished  in  tlio  Bay  of 
Chaleur? — A.  No,  sir, 

Q.  What  time  of  the  year  were  they  there? — A.  They  were  tlicre 
about  the  25th  of  July  until  tb^  middle  of  September. 

Q.  Did  they  get  good  fares? — A.  No,  sir;  two  came  homo  with  full 
fares,  and  the  others  made  broken  voyages.  The  whole  thing  was  un- 
profitable, and  I  gue-ss  that  is  the  case  with  the  majority  of  tbefleot. 
Of  conrse  some  few  vessels  have  done  very  well,  indeed,  but  taking  tlie 
fieet  all  through  there  has  been  a  loss. 

Q.  All  those  who  fished  up  there  anywhere,  as  well  in  the  Gull' as  in 
the  Bay  of  Ohaleur,  you  mean  ? — A.  Yes,  sir.  Taking  the  average  tlicrc 
has  been  a  large  loss  to  the  vessel  owners. 

,    *  COMMISSION  MERCHANTS  AND  WHOLESALE  DEALERS. 


'  By  Senator  Saulsbury: 

Q.  Has  that  loss  resulted  from  the  scarcity  of  fish  in  those  waters  ?— 
A.  Yes;  I  presume  so. 

Q.  Are  the  fish  that  are  sent  here  from  Canada  usually  consigned  to 
commission  merchants  for  sale  ? — A.  Yes,  sir,  they  are. 

Q.  Those  commission  merchants  sell  them  upon  commission  to  the  job 
bers? — A.  They  sell  on  n  commission,  but  I  have  heard  that  some  nf 
them  get  together,  and  the  commission  merchant  sells  to  the  wLolesalo 
dealer,  and  they  divide  the  profits ;  that  is  what  I  have  heard  they  do. 
Of  course  that  all  comes  out  of  the  Canadians,  I  suppose. 

Q.  Do  you  know  that  that  is  the  case  ? — A.  No,  I  don't  know,  only 
that  is  what  I  have  heard. 

Q.  You  say  the  tariff  is  paid  by  the  Canadians.  If  there  was  uo  tariff 
npou  those  Canadian  fish,  would  not  the  commission  merchant  sell  tn 
jobber  at  a  cheaper  rate  than  lie  does  now  with  the  tariff  ?— A.  No, 
sir;  because  he  would  want  a  bigger  profit. 

Q.  The  question  is  whether  ho  could  not  do  it  and  get  his  rejiular 
commissions  ? — A.  It  is  not  handled  by  commission  merchants.  These 
commission  merchants  sell  to  the  wholesale  fish  dealers.  They  take 
the  thing  in  hand  and  sell  to  the  retailer ;  and  by  the  time  it  gets  to 
the  consumer  the  price  is  just  the  same:  it  don't  make  any  difl'erenco 
whether  they  pay  $4  or  $5 ;  and  you  will  find  it  so  right  straiglit 
through  the  country. 

Q.  I  want  to  find  out  whether  the  commission  merchant  who  sells  tOj 
the  wholesale  dealer,  if  there  were  no  tariff,  would  not  be  able  to  selltoj 
the  jobber,  ret<ain!ng  his  regular  commissions,  if  hedidafairandlegifr 
imate  business  ? — A.  Yes,  if  they  would  do  that;  but  we  find  by  expr 
rience  that  when  those  fish  get  into  the  retailers'  hands  and  they  ai 
retailed  there  Is  no  difference. 

Q.  I  want  to  know  whether  or  not,  by  doing  a  legitimate  bnsir.es 
the  commission  merchant  could  not  sell  to  the  jobber  at  a  lower  rat 
than  he  does  sell,  and  the  jobber  sell  to  the  grocer  at  a  lower  ratetlia 
ho  does,  if  he  did  not  have  the  duty  to  i^ay  ? 

The  Witness.  Do  you  mean  Canadian  iish? 

Senator  Saulsbury.  Yes. 

A.  I  presume  the  cost  of  their  vessels  is  less  than  ours,  and  they  w 
produce  fish  cheaper  than  we  can  because  they  don't  pay  any  tarid"  oi 
anything  that  goes  Tnto  the  construction  of  their  vessels. 


AMERICAN   FISHERY    INTERESTS. 


DTTTY. 


823 


■''i'li 


Q.  Has  the  tariff  existing  upon  Caiiadiaii  flsb  afforded  any  protection 
whatever  to  American  fishermen  ?  Would  not  their  fish  come  just  the 
same  if  there  was  no  tariff? — A.  No.  Take  last  year  and  the  year  be- 
fore; we  had  a  large  fleet  of  vessels  fishing,  and  we  could  then  sell 
No.  3  mackerel  at  $3.50  a  barrel,  and  wo  caught  them  so  plentifully 
that  we  could  make  money  by  delivering  them  to  the  country  at  that 
price.  But  the  Canadia?js  could  not  send  that  kind  of  fish  here  because 
they  could  not  afford  to  pay  the  $2  duty;  still  our  fishermen  caught  all 
that  was  necessary,  and  there  were  thousands  of  barrels  left  over,  so 
that  we  can  supply  the  markets  of  this  country  with  fish  for  a  long 
time;  we  have  fleet  enough  to  do  it  without  asking  anything  of  Nova 
Scotia  in  the  way  of  supplies  and  opening  our  markets  free  for  them. 
Take  it  for  the  last  three  years.  Of  course  this  year  there  has  been 
n  failure  on  this  shore,  and  I  think  that  is  on  account  of  their  fishing 
at  Jfew  York  and  destroying  so  many  fish.  Take  it  for  the  last  10  years. 
Before  this  year  we  have  had  plenty  of  fish,  and  fish  have  been  away 
down  at  their  lowest  point. 


COOPERATIVr.  ORGANIZATIONS. 


Q.  With  reference  to  the  southern  fishery  business,  I  understand  you 
to  say  that  you  are  in  favor  of  a  close  season? — A.  I  am. 

Q.  Have  the  fishermen  of  New  England  any  association  among  them- 
selves by  which  they  can  regulate  their  trade  ? 

The  Witness.    Any  association? 

Senator  Saulsbury.    Yes. 

A.  Yes,  sir;  they  have  in  New  York  what  they  call  the  Fishmongers' 
Association. . 

Q.  Have  they  not  an  association  at  Gloucester,  of  which  Mr.  Steele 
is  president,  embracing  the  entire  fishing  interests  of  this  section? 

Senator  Frye.  Senator  Saulsbury  refers  to  the  American  Fisher- 
men's Union. 


A.  Oh, 


yes. 


\  M 


SOUTHERN  mackerel  FISHING. 


Q.  (By  Senator  Saulsbury.)  I  want  to  inquire  if  the  fishermen, 
through  their  association,  could  not,  by  themselves,  without  any  inter- 
vention of  law,  regulate  that  business. 

A.  No,  and  I  will  tell  you  why:  Because  if  one  goes  all  want  to  go. 
There  are  about  a  dozen  or  half  dozen  that  can  go  south  and  make 
1  money  fishing;  but  if  they  do  there  will  be  a  hundred  or  one  hundred 
'  and  fifty  all  go  after  thcm^ 

Q.  Tlioy  are  not  all  members  of  that  association,  I  suppose? — A. 
I  Those  are  the  fishermen  themselves  find  the  captains  that  want  to  go. 
j  There  are  many  vessels  owned  by  captains  who  have  no  agent,  like 
I  myself;  v.hen  they  go  it  is  i)retty  hard  work  to  keep  ours  back. 

Q.  Then  yon  want  a  law  to  make  you  behave  yourselves? — A.  That 
jit  what  I  think.  Going  out  there  is  a  lotterv;  it  has  always  been  un- 
I  profitable. 

MACKEREL  AND  CODFISH. 


'I 


Q.  Has  the  whole  supply  of  salt  codfish  this  year  been  in  excess  of 
I  tlie  (leiniind  ?    I  mean  including  not  only  the  catch  by  your  own  fisher- 
'1,  but  also  those  that  have  come  to  us  from  Canada! 


824 


AMEKICAN   FISHERY   INTERESTS. 


The  Witness.  This  year?  > 

Senator  Saulshury.  Yes. 

The  Witness.  Do  you  mean  both  codfish  and  mackerel  ? 

Senator  Saulsbury.  Yes, 

A.  The  supply  has  been  in  excess  of  the  demand. 

Q.  By  what  f— A.  There  has  been  enough  mackerel  to  supply  tLe 
market,  because  there  were  a  great  many  old  mackerel  left  over  last 
year  and  the  year  before. 

Q.  Has  not  the  price  of  mackerel  been  unusually  high  thisseasouf— 
A.  Yes,  sir;  it  has  been  high  compared  to  other  things,  but  it  lias 
been  a  great  deal  higher  in  years  before.  The  high  price  is,  ofconise, 
owing  to  the  scarcity  on  this  shore.  J>y  some  means  or  other  tlioy  have 
left  this  shore  this  year.  Last  year  I  jjacked  2.'3,0(M)  barrels  of  wack- 
erel;  this  year  I  packed  about  3,000.    That  is  the  ditlerence. 

-,    -  ■     .'    ■       -        I  'V   ,.      .•"".  ,-■''■:■  '  ".  ■      ■  '^  ■"    ■■•!     .      ■ 

'    ^  HABITS  OP  MACKEREL. 

Q.  You  are  of  opinion  that  the  mackerel  which  are  off  natteras  and 
down  that  section  of  the  coast  are  the  same  mackerel  that  come  up 
along  here? — A.  They  are,  without  doubt. 

Senator  Saulsbury.  I  believe  that  Professor  Baird  entertains  the 
theory  that  the  lish  come  in  from  the  sea  to  different  points  along  tlie 
shore. 

The  Witness.  I  think  they  will  come  up  here  if  allowed.    But  if  you 
take  one  hundred  and  fifty  vessels  down  there  with  purse  seines,  the 
fish  don't  have  much  chance  to  get  here ;  they  go  away  down  off  simre 
and  go  into  the  Bay  of  St  Lawrence.    1  think  they  ought  to  be  kt 
alone  until  the  1st  of  June,  and  that  is  just  about  the  same  in  eflect  as 
the  1st  of  July,  because  the  1st  of  June  is  the  spawning  season  ami  j 
those  fish  then  protect  themselves;  you  don't  see  them.   .In  the  niontli 
of  June  no  mackerel  are  caught  to  amount  to  anything  except  smu 
ones,  and  those  that  contain  si)awn.    You  may  take  quite  ii  catch  of  j 
No.  3  mackerel  in  June,  but  it  is  very  seldom  you  get  any  in  June, 
That  is  my  experience,  and  I  guess  that  -s  the  experience  of  every  niiej 
in  the  mackerel  business.    The  mackerel  begin  tx)  spawn  about  the  1st  j 
of  June,  and  we  don't  get  any  of  any  consequence  until  the  Istof  July,l 
Along  about  the  10th  of  July  we  begin  to  catch  them  again  in  quantities.? 


TESTIMONY  OF  CAPT.  STEPHEN  KEENE. 

'    *  ;'i       \  Portland,  Me.,  Ocfoicr  G,  188C, 

Capt.  STEPHEN  KEENE  sworn  and  examined. 

;^^       By  Senator  Fr ye: 

Question.  Where  do  you  live? — Answer.  At  Bremen,  ]Me. 

Q.  How  long  have  you  lived  in  Bremen  ? — A.  Ever  since  I  was  boriij 

Q.  How  old  are  you  ? — A,  Thirty-two. 

Q.  What  is  your  business?— A.  I  go  master  of  a  fishing  vessel  mo8| 
of  the  time. 

Q.  What  kind  of  a  fishing  vessel  ?— A.  Codfish  vessel.  I  Imve  beej 
fishitg  the  last  three  years  about  sixty  times. 

Q.  Good  vessel? — A.  Yes,  sir. 

Q.  How  many  men  do  you  carry  ? — A.  Fourteen  to  seventeen. 


AMERICAN  FISHERY   INTERESTS. 


825 


Q.  IIow  did  you  lisli — ou  a  lay  ? — A.  Yes,  sir. 

Q.  How  lonj;  have  you  been  in  the  fish  business  i — A.  I  have  been  in 
it  off  and  ou  for  22  years. 

Q.  Where  have  you  been  in  tlie  habit  of'lishing? — A.  Cod-fishinfjon 
the  Western  Banks  and  the  Banks  of  Nova  Scotia. 

BAIT. 

Q.  Wlien  j'ou  have  fished  in  the  waters  otf  the  Canadian  coast  what 
baitbave  you  used  ? — A.  Principally  clams  ^"ixcept  what  bait  M'e  caugh  t 
ou  the  ground  where  we  caught  our  fish. 

Q,  You  were  fishing  all  through  the  i)endenoy  of  the  treaty  of  1871 ; 
(luring  that  time  did  you  buy  bait  of  the  Canadians? — A.  1  never 
bought  a  bill  of  bait  from  the  Canadians  in  my  life. 

Q.  Is  there  any  necessity  for  buying  bait  of  them  ? — A.  I  can't  say 
tliat  tliero  is. 

Q,  Do  you  agree  with  Captain  Whitten  that,  take  it  on  the  whole,  it 
is  a  detriment  to  waste  time  to  go  in  to  buy  bait  anu  out  again,  and  all 
that  sort  of  thing  ? — A.  Yes,  sir ;  a  great  waste. 

Q.  Then,  in  your  judgment,  the  privilege  of  ])urehasing  bait  from 
tlie Canadians  is  worthless? — A.  Yes,  sir;  we  consider  it  an  injury. 

Q.  Were  you  up  there  this  season  with  your  vessel? — A.  Yes,  sir. 

Q.  What  time  did  you  go? — A.  I  left  home  about  the  U/)th  of  April. 

Q.  How  long  were  you  up  there? — A.  I  returned,  I  think,  the  J8th 
(lay  of  June. 

-    CASE    OP  THE  CITY  POINT. 

Q,  Did  you  have  any  trouble? — A.  Not  that  voyage ;  I  di<l  the  next 
I  voyage. 
Q.  When  did  you  go  the  next  voyage  ? — A.  I  left  on  the  2St  h  of  .1  une. 
Q.  What  is  the  name  of  your  vessel? — A.  The  City  l*oiiit. 
Q.  Give  the  committee  the  history  of  your  hi'^t  trip. — A.  We  left  Bre- 
I  men,  where  I  belong,  about  sixty  miles  east  of  h^^re,  on  the  28tii  or  21»th 
of  June,  I  believe  it  was  the  28th,  and  arrived  at  Slielburne,  Nova 
IScotia.  On  the  night  following  the  day  we  sailed  we  look  a  very  heavy 
Ibreeze,  and  the  vessel  sprang  a  leak  and  had  some  of  her  rigging  cai'- 
Iriwlaway.  On  the  30th  of  June,  about  4  o'clock,  we  came  into  Sliel- 
Itarne. 

Q.  What  did  you  go  in  there  for? — A.  We  went  in  tliere  to  have  the 

JTessel  repaired,  to  put  some  calking  down  and  renew  sonn^  I'igging 

"  'hart  been  carried  away,  and  to  refill  some  of  our  water,  and  other 

|ffli;ill  tilings.    When  I  left  home  I  had  received  the  imjjression  from 

papers  that  I  had  the  privilege  to  go  in  and  out,  as  we  had  clone 

|*fore,  and  of  course  I  went  in  there,  and  was  probably  more  careless 

1  some  things  than  I  otherwise  would  have  been. 

Q.  What  took  place? — A.  We  came  to  anchor  about  4  o'clock  about 

R  miles  from  the  town.    We  had  to  refill  our  water  that  we  ha<l  nse<l 

pnthe  time  we  left  Portland  up  to  that  time.     It  is  a  great  iii(;onve- 

Nce  to  fdl  water,  except  when  the  tide  is  up,  and  there  wi's  no  chance 

^getting  water  at  town  without  taking  it  out  of  some  will,  and  hiring 

"Tiebody  to  haul  it,  and  making  it  sort  of  inconvenient  and  exi)ensive, 

>^osto])ped  to  refill  water  before  proceeding  to  town.    While  they 

fw  finishing  refilling  the  water  (there  was  only  one  large  cask  that  had 

^w  filled)  I  took  two  men,  with  my  papers  in  my  pocket,  and  started 

Hoto  town,  thinking  it  was  all  right  as  long  as  I  entered  within  the 

peiity.four  hours.    I  had  always  been  given  to  understand  that  it  was 


Ts 


826 


AMERICAN   FISHERY   INTERESTS. 


all  right  if  I  entered  in  twenty-four  hours.    In  the  mean  tiun  someofi 
our  men  had  gone  ashore ;  and  so,  as  I  i)roceeded  up  the  harbor,  I  met 
Captain  Quigley,  of  the  cutter  Terror,  who  ordered  me  to  go  back  to 
my  vessel,  and  so  I  went  back.     [  wasn't  driven  back  exactly,  but  I 
wanted  to  go  anyway  to  see  what  he  wanted,  as  much  as  anytiiinff.  I 
went  back  to  the  vessel,  and  he  came  on  board  and  asked  mo  where  j 
I  was  from,  where  I  was  bound,  &c.,  and  took  a  report.    Then  ho  asked 
mo  what  1  had  been  doing,  and  I  told  him  that  I  had  been  refillinj;! 
water.    He  asked  me  where  I  was  bound,  and  I  told  him  uj)  to  towu  to  | 
report  and  see  about  getting  some  work-hands   to    repair  damages, 
Then  he  asked  if  I  knew  that  I  had  broken  the  law  and  was  liable  to  lij 
fine  of  $400 ;  I  told  him  I  was  not.    Then  he  ordered  me  to  get  the  vessel  1 
under  way  and  start  for  town.    I  told  him  some  of  my  men  were  ashore; 
he  told  me  it  didn't  make  any  difference,  to  go  to  work  with  what  I  hiid, 
So  I  got  the  vessel  nnder  way;  we  didn't  hurry  much  about  it,  sobisj 
crew  lent  us  a  hand,  and  wo  proceeded  up  the  harbor  and  came  to  an- 
chor about  8  o'clock  in  the  evening  under  the  bows  of  the  cutter  Terj 
ror.    I  then  went  ashore  and  entered  the  vessel,  somewhere  about  91 
o'clock  p.  m.,  in  the  custom-house.    I  had  been  there  before,  and  uasj 
acquainted  with  the  collector,  and  knew  that  he  would  generally acl 
commodate  me  if  I  came  there  late  and  wanted  to  enter.    He  said,  goiugj 
up  the  harbor,  that  it  was  lucky  for  me  that  I  had  some  calking  to  havej 
done. 

By  Senator  Edmunds: 

Q.  That  is,  the  captain  of  the  Terror? — A.  Yes,  sir;  the  captain o^ 
the  Terror  said  that  it  was  lucky  for  mo  that  I  had  some  calkin;,'  ti 
have  done,  or  he  would  make  trouble  for  me.  He  said  I  should  getmj 
calking  done  as  soon  as  possible,  and  get  ready  to  proceed  to  sea. 
I  engaged  workmen  that  night,  and  next  morning  they  came  aboard! 
and  about  noon,  I  think  it  was,  I  went  ashore  to  clear.  The  customi 
house  officer  said  he  couldn't  clear  until  he  had  seen  the  (japtaiii  oft 
Terror.  The  captain  of  the  Terror  had  gone  down  the  shore,  and  hd 
returned  some  time  during  the  afternoon.  Tlien  I  found  that  be  iiiu 
preferred  charges  against  me  for  allowing  my  men  to  go  ashore  wit! 
clothes-bags,  so  stated,  though  there  wasn't  any  one  on  the  vessel 
the  time  who  had  occasion  to  go  ashore  with  clothes-bags ;  I  had  tw| 
men,  though,  that  belonged  there.  Then  he  said  that  he  couldn't  let  in 
go  until  ho  had  advices  from  Ottawa.  It  seemed  to  mo  that  he  wante 
to  keep  me  there  as  long  as  he  could ;  he  didn't  prefer  charges  agaiin 
me  or  wire  to  Ottawa  until  I  was  ready  for  sea.  He  gave  mc  to  unde 
stand  then  that  ho  thought  he  would  get  orders  to  let  me  go,  but  hi 
orders  were  to  seize  the  vessel.  So  after  we  were  there  a  day  orsotbf 
fined  the  vessel  $400.  He  said  that  on  payment  of  the  same  ho  woii8 
release  the  vessel.  That  was  the  dispatch  that  came  to  the  collector  f 
Shelbnrne.  I  saw  the  dispatch  and  took  a  copy  of  it:  "We  finetlj 
vessel  $400,  and  on  payment  of  the  same  she  may  be  released." 

Q.  That  came  from  the  minister  of  marine? — A.  Yes,  sir;  Mr.Fd 
ter.  He  would  not  allow  any  of  the  men  ashore  while  the  vessel  lay 
the  stream,  and  ho  told  me  not  to  allow  any  of  the  men  to  go  ashore,  j 
told  him  that  I  would  try  to  keep  them  from  going  ashore,  but  lisbj 
men  as  a  rule  are  rather  an  independent  class  and  they  might  not  f 
according  to  orders  when  I  had  gone.  Ho  said  if  they  went  asnff 
they  would  go  at  the  nuizzle  of  the  revolver.  One  of  his  men  sliorfl 
after  was  a  little  bit  annoyed,  and  he  called  me  alongside  the  cntterj 
I  went  to  go  ashore  and  told  mo  if  my  men  meddled  with  his  m 


afair,  and  the 


nore,  and  then 


AMERICAN   FISHERY   INTERESTS. 


827 


aboard  his  craft  tlicy  would  get  a  saber-cut  over  the  heatl,  aud  it  niigbt 
not  bo  very  pleasant  for  tliem.    Then,  after  wo  had  got  through  the 
nffair,  and  the  owners  of  the  vessel  bad  paid  the  line   tiirough  the 
United  States  consul  at  Halifax,  1  believe,  or  deposited  the  amount  of 
itnnder  protest,  and  wired  Shelburno  to  release  the  vessel,  he  said  he 
ffonkl  not  let  me  go  until  1  bad  paid  the  expenses  of  detention,  consta- 
ble fees,  wharfage,  &\;.    I  then  telegraphed  the  owners  that  ho  would 
not  allow  the  vessel  to  go  until  the  expenses  had  been  paid,  and  they 
wired  back  to  pay  the  expenses,  and  I  i)aid  the  bill.     I  went  to  the 
instoni  bouse  to  clear  the  vessel,  l)ecause  I  didn't  know  what  the  bills 
were.    Tlie  custom-house  oflicer  said  he  would  take  a  check  from  a  mer- 
(liant  there,  as  I  hm\  no  money.    Then  I  went  out  to  see  what  the  bills 
ffpro,  and  then  I  cleared  (he  vessel.     As  soon  as  the  captain  of  the 
rnttor  found  I  had  cleared,  he  said,  "  Kow  you  are  just  as  liable  as  you 
ever  were."    He  wouldn't  give  me  time  to  do  my  business  as  I  wanted 
to  do  it,  and  hurried  me  olf.    I  had  two  m-in  that  belonged  about  four 
miles  down  the  haroor,  and  this  was  on  Monday  morning  that  I  cleared 
to  sail,  and  Saturday  one  of  those  meti  went  to  the  collector  and  asked 
liiin  if  they  could  go  home,  and  if  he  would  let  me  call  for  them  as  I  pro- 
ceeded to  sea  on  jyiond.'iy.    He  said  ho  would ;  he  guessed  there  would 
be  no  trouble.    So,  to  be  sure  about  it,  the  men  came  back  to  me  aud 
told  me,  and  I  went  up  to  the  collector  myself  and  asked  him  if  I  could 
fall  for  them.    He  said  yes.    I  said,  "  Then  give  me  a  permit,  will  you  f ' 
No,  I  didn't  ask  him  for  a  ])ennit  that  morning ;  I  am  mistaken.    It  was 
Monday  morning.    But  when  I  got  cleared  I  got  the  permit  to  take  those 
inenon,  and  I  went  down  to  the  wharf  where  the  vessel  lay.    In  the  mean 
time,  tlio  captain  cf  the  cutter  had  ordered  his  mate  and  a  boat's  crew 
to  escort  us  down  to  the  light  to  see  that  we  "did  not  get  into  any 
tronble";  I  believe  that  was  the  expression  he  used.    Ho  said  we  couldn't 
take  those  men  on.    So  then  I  ])roduced  this  permit.    The  collector  stood 
I  there  at  the  time.    Tiie  cai)tain  of  the  cutter  said  that  we  ought  to  have 
I  s!ot  the  men  aboard  Saturday.    The  collector  spoke  up  aud  said,  "  Yes, 
Hiougbt  to  have  got  the  men  aboard  Saturday";  ho  apparently  was 
I  very  much  frightened  by  the  captain  of  the  Terror,  at  least  he  told  mo 
lie  was,  in  so  many  words;  he  said,  "  You  understand  there  is  a  man 
jstanding  right  over  me  if  1  don't  go  straight";  he  commenced  to  throw 
tlie  blame  on  to  me.    I  talked  to  them  some,  and  at  last  they  concluded 
1  to  let  mc  take  the  men  on  as  I  proceeded  to  sea.    At  first  he  said  I  would 
Ikavc  to  {>o  without  them.    Then  he  says,  "  What  time  were  you  in  here 
|lliis^priiig?"    Said  he,  "  Was  it  in  IMay  ?"    I  said,  "I  wasn't  inhere  this 
j,'."    lie  said,  "  Yes,  you  wore  in  here  this  spring,  and  never  entered 
lynnr  vessel."    I  said,  "  1  was  not."    He  said,  "  You  told  me  the  other 
lilayynu  wore  here  this  sjjring."    Said  I,  "I  beg  your  pardon,  I  never 
yoii  any  such  thing."    He  allowed  I  did,  an(l  never  entered  the  ves- 
M.  Wo  bad  some  little  talk,  but  it  <lidn't  amount  to  much.    He  said, 
'Yoi;  were  in  Liverpool  this  spring."    Said  I,  "  Yes."    He  said,  "  Y'ou 
ji'mr entered  your  vessel."    Said  I,  "I  did."    He  said,  "  I  want  to  see 
jtlioeiitranee  and  clearance."    I  said,  "  They  didn't  give  me  anything"; 
jlliat  I  had  been  there  several  times,  and  I  never  got  any  entrance  or 
Ifaraiice.    He  said,  "I  want  to  see  them."    Said  I,  " If  I'havo  got  the 
IWHrsyoucan  see  them."    Then  he  thought  he  woidd  stop  me  again, 
Nif  it  badn't  been  for  Mr.  Attwood,  tJJO  collector,  he  would  have  de- 
jiiiied  me  there  some  length  of  time,  I  don't  know  how  long.    He  said 
«!  eould  ascertain  easily  by  wiring  to  Liverpool.    So  they  concluded 
m  nie  '^o.    But  his  wliole  actions  during  the  time  I  was  there  seemed 
^indicate  to  nie  that  he  wanted  to  waste  all  my  time  he  could ;  from 
'time  I  went  up  town  to  repair  he  never  preferred  any  chfirge  against 


■13'' 


tlf 


m 
1 1 


■Qim 


828 


AMERICAN   FISHERY   INTERESTS. 


me  nntil  I  got  through  ropairs ;  when  I  got  throngli  with  fliem  Ik- 
brought  the  charges  against  uio  one  at  a  time  to  make  them  last  aslonir 
as  ho  couhl.    I  told  him  once,  when  we  werotallcing,  that  I  liacl  alwiivs 
supposed  I  had  24  hours  to  enter  the  vessel,  wliich  ]ia<l  never  bcoii  th'. 
nied  mo  before,  and  that  I  only  filled  water  down  tliere  because  I  coiildni 
get  it  at  town  very  conveniently.    He  said,  "  Ca])tain,  you  will  ffcf  intn 
trouble  every  time  you  come  in  here."    Said  I,  "  For  any  puriiosc  ?"   n,. 
said,  "Yes,  you  will  got  into  trouble  every  time  you  come  in  ii,.rc, 
Then  I  wanted  to  buy  some  rigging  to  replace  some  that  had  been  ciii 
ried  away  by  the  breeze,  coming  across,  but  he  wouldn't  let  me  {jet  it, 
He  said  I  ought  to  ha»'e  bought  it  before  I  left  home.    I  told  liim  f  didn'r 
need  it  then,  and  didn't  know  that  it  would  be  needed.    Hut  lie  rctiiscd  i 
to  let  me  have  any  repairs  any  further  than  the  calking,  at  least  any.  j 
thing  that  I  asked  for. 

Q.  He  would  not  allow  you  to  purchase  any  rigging? — A.  No, sir; 
although  the  collector  told  me  1  could.  Ho  said  I  should  not.  So|| 
sooner  than  get  into  any  further  trouble,  I  went  without  it.  As  I  niu, 
I  was  hurried  off  because  I  expected  every  minute  he  would  brinijiiii 
something  else  against  me,  and  I  knew  my  crew  didn't  feel  very  well 
about  it,  and  they  were  liable  to  make  trouble,  being  so  indignant, and! 
that  the  sooner  I  got  out  of  it  the  better.  So  I  went  t(>  sea,  and  niiidij 
a  voyage. 

Coming  homo  we  met  with  some  little  trouble,  met  a  gale  of  wiiidj 
that  tore  our  sails  to  pieces,  and  we  went  in  to  Halifiix.    Come  da,vli},'lit| 
next  morning  the  first  vessel  I  saw  was  the  Terror,  but  he  never caiiie 
near  mo  there.    I  went  to  see  the  consul-general  as  soon  as  1  wcntl 

bore,  before  it  was  time  to  enter  at  the  customhouse,  and  I  made 
btatement  of  the  facts  before  him.    I  got  my  repairs,  ami  alter  entoriiifl 
the  customhouse  and  cleaiing  I  went  to  sea,  but  Captain  Quif,'h'y  diilj 
not  come  near  me  at  that  time. 

Q.  How  biuch  did  you  have  to  pay  at  Shelburne  for  constable's  iWa 
and  expenses  and  all  those  exactions,  besides  the  fine  of  $100.'— A| 
$42.38,  I  believe,  if  I  remember  right. 

Q.  You  staid  up  in  the  town  in  the  custody  of  the  captain  of  mo 
Terror  from  what  time  to  what  time? — A.  From  tlie3()th  of  June  iiptoj 
I  think  it  was,  the  10th  of  July. 

Senator  Frye.  About  ten  days. 

TJje  Witness.  I  may  bo  mistaken.  Wo  were  taken  in  bis  eiistiMly 
shortly  after  we  arrived,  and  we  were  there  twelve  days;  so  it  must  Inive 
been  the  11th  of  July,  I  think. 

Q.  (By  Senator  Edmunds.)  How  long  would  it  have  taken  yon  ta 
make  your  repairs  so  that  you  could  have  sailed,  except  for  that  iiiurl 
ference? — A.  About  half  a  day.  They  commenced  in  the  morniii?,  iiiiil 
near  noon  I  went  ashore  to  clear. 

Q.  You  would  have  got  off  within  twent-four  hours  if  you  bad  been  1 
alone? — A.  Yes,  sir;  I  should  have  got  off  that  afternoon.  When  14 
stopped  the  vessel  of  course  I  did  less  repairing  than  Iotlier\visc\\oiilj 
have  done,  and  knocked  the  workmen  off';  I  let  thein  do  wlint  I  conll 
get  along  with  without  the  vessel  sinking,  and  went  to  (dear  from  tl^ 
custom  house,  but  he  wouldn't  clear  me. 

PER  DIEM  CeST  OP  VESSEL  AND  CREW. 

By  Senator  Frye  : 
Q.  Do  you  know  what  is  the  average  cost  per  day  of  your  vessel : 
crew? 


AMERICAN    FIUllEUY    INTERESTS. 


829 


The  Witness.  Do  you  mean  i)rovi.sions  luul  all? 

Senator  Fkye.  ICverytbintJ. 

A.  No,  sirj  I  don't;  I  novor  miido  any  estimate.  The  owner  of  the 
I  vessel  is  hero,  and  probably  ho  can  give  it  to  you  better  than  lean. 
Ikit  IS  rather  out  of  my  line  of  business. 


CANADIAN  POUT  PEIVILEOES. 


4 


Q,  l8  that  tlie  only  trouble  you  ever  had  with  the  Canadians? — A. 
[Yw, sir;  that  is  the  principal  trouble;  about  all. 

Q.  Did  you  ever  have  any  diniculty  before  up  there  about  entering; 

lorclinnii}?*  or  anything  of  tlie  kind  ? — A.  I  was  in  Shelburne  onco,  and 

Jidn't  enter  the  vcsnel  right  off,  and  Mr.  Attwood  asked  me  if  I  wasn't 

coming  i\]>  to  enter  the  vessel;  he  r.iid  1  ought  not  to  lay  too  long;  and 

1  that  is  about  all  that  was  ever  said. 

Q,  What  is  the  understanding  among  you  fishermen;  that  you  have 
[twenty  four  hours  in  which  to  enter  the  vessel  ? — A.  I  understand  n«)W 
Itbiitwchiivo  not. 

Q.  Wliat  has  been  the  understanding? — A.  That  we  had  twenty-four 
I  hours. 

Q  Have  they  practiced  upon  that  understanding? — A.  The  most  of 
I  them  practiced  not  entering  at  all;  a  great  many  never  bothered;  I 
I jeiierally  entered.  I  said  most  of  them  i)ra<  4  not  entering  at  all; 
Ipfiliaps  I  am  wrong.  Some  of  them  didn't  j\v  that  they  had  any 
Iriglit  to  enter.  But  this  year  I  think  they  were  anticipating  some 
Itroiible,  and  so  far  as  I  know  I  think  they  all  entered.  I  was  in  Liverpool 
[ttiis  spring,  and  my  vessel  lay  at  Brooklyn,  the  adjoining  town,  and  wo 

Ao  go  to  Liverpool  to  enter.    We  got  in  at  j)ight  and  lay  until  the 
liiext  afternoon.    I  asked  the  collector  how  long  1  could  lay,  and  ho 

1  me  I  could  lay  as  long  as  I  had  a  mind  to.    They  didn't  give  me 
|aDy  iiarbor  regulations,  didn't  tell  me  what  I  should  do  or  not  do.    Ho 

dirt  tell  me  I  should  come  in  immediately  and  enter  the  vessel  as  soon 
pi  arrived  there.  He  sefemed  to  be  a  very  nice  man,  quite  like  a  gen- 
|tleniau;  that  was  Mr.  Dunlap,  of  Liverpool. 

Senator  Saulsbuby.  The  Liverpool  the  witness  has  been  speaking 

)f  is  not  Liverpool  in  England  ? 

Senator  Frye.  No  ;  Liverpool,  Nova  Scotia. 


i  'yi 


■■     m 


TESTIMONY  OF  T.  C.  LEWIS, 

Portland,  Me.,  Ocfo&er  C,  1880. 
T.  C.  LEWIS  sworn  and  examined. 

By  Senator  Frye: 

Question.  Where  do  you  live  ? — Answer.  Portland. 

Q.  How  long  have  you  lived  here  ? — A.  Twenty-five  years. 

Q.  What  is  your  business  ? — A.  Fish  business.  _..:..,. 

Q.  Owner  of  a  vessel  ? — A.  Yes,  sir. 

Q.  How  long  have  you  been  in  the  fish  business  ? — A.  About  twenty 
Bears. 

Q.  In  Portland  ?— A.  Yes,  sir. 

Q.  flow  many  vessels  are  you  interested  in? — A.  I  think  I  am  iu- 

I'sted  in  fourtepu  or  fifteen  ;  I  am  not  certain. 


ijoO 


AMKltlCAN    I'lHllEUY    1NTEUEST8. 


Q.  What  i8  tiieir  uvoriigo  touuiiKC  ? — A.  I'erhaps  sixty-tivc  tous. 
Q.  Good  class  of  vessels f — A.  Wo  tin uk  so. 
Q.  AVIiat  kind  ol"  fJHhinp:  arc  you  engaged  in  t — A.  Cod  and  nuickcrd 
lishing. 

MAIIKKUEI.,  WUKBE  TAKEN. 

Q.  During  the  last  twenty  years,  where  have  you  caught  tli«  bulk  of 
your  uiackerol  ? — A.  On  this  shore. 

Q.  On  the  Anierican  shore? — A.  Yes,  sir. 

Q.  Outside  the  shore  linoU — A.  Principally. 

(.}..  Ah  a  rule,  lor  the  last  ten  years,  the  mackerel  have  been  takcu 
outside,  have  they  not? — A.  Yes,  sir. 

Q.  Fishing  with  s'jines,  you  do  not  regard  it  us  safe,  do  you,  to  lisli 
in  slioal  wnter  or  where  there  is  a  ragged  bottom  ! — A.  No,  sir. 

COD,  AVIIEUE  TAKEN. 

Q.  And  where  have  you  pursued  your  cod-fish eries ? — A.  At  the. 
Western  Banks  and  Quereau. 

Q.  Off  the  English  coast?— A.  Yes,  sir. 

Q.  IJavo  you  iishcd  every  year  off  the  Canailian  coast  lor  cod  daring  | 
the  last  twenty  years? — A.  Yes,  sir. 

BAIT. 

Q.  Where  did  you  get  your  bait? — A.  llere. 

t^.  What  kind?— A.  Clam  bait. 

Q.  Do  you  ever  buy  any  bait  of  them? — A.  1  think  we  hiiveiiih\ui 
or  three  instances  peihai)s. 

Q.  Did  you  buy  any  bait  of  them  while  the  treaty  of  Wasliiugtonj 
was  in  force? — A.  L  tliink  in  two  or  three  instances  wo  did,  on  sluirt] 
trips. 

Q.  Is  there  any  need  of  the  Maine  lishermen  purchasing  bait  of  tLe 
Canadians? — A.  Not  in  our  line  of  llshery. 

THREE-MILE  LIMIT. 

Q.  What  is  the  privilege  contained  in  the  treaty,  of  lishiiigwillii 
three  miles  of  the  shore  line,  worth  to  American  isheruient— A.  Ifj 
you  speak  of  State  of  Maine  lishermen,  it  is  worth  very  little. 

CANADIAN  PORT  PRIVILEGES. 

Q.  Have  you  any  occasions  to  go  into  their  ports  for  anything?— A,] 
No,  sir. 

Q.  If  you  havo  the  right  to  go  in  for  shelter  in  a  storm,  or  for  repair^ 
in  case  of  having  suffered  damage,  and  to  obtain  water  or  pnrchasi 
wood,  is  there  any  other  one  you  desire? — A.  No,  sir. 


FREE  FISH. 


Q.  Is  there  anything  you  know  of,  in  the  interest  of  American  fislij 
ermen,  that  the  Canadians  can  give  you  that  would  be  regarded  by  yoif 
as  an  equivalent  for  a  free  market  for  them  ?— A.  No,  sir. 


EPPE 


AMERICAN    F1811EUV   liNTEUUHTti. 


BAIT. 


831 


Q.  What  kind  of  buit  do  you  usct — A.  Chun  biiit. 

Q.  And  do  uot  the  Nova  Scotians  use  thn  Humef — A.  Yes,  sir. 

Q.  Uow  many  Nova  Suotiaus  Lavo  boon  into  this  i)oi't  buying  bait 
this  st'ivson f — A.  Tlio  Htato  of  Mainci  has  furnished  between  12,(M)0aiul 
15,000  barrels  of  clam  bait  to  Nova  Scotia  this  year,  and  every  year  for 
the  last  number  of  years  since  they  have  increased  their  fleet. 

Q,  now  many  vessels  would  that  supply  ? — A.  On  an  averafje  it  takes 
about  50  barrels  to  a  vessel  for  the  llrst  trij),  and  about  30  to  40  on  the 
Mcond. 

Q,  lias  there  over  been  any  difliculty  about  the  Canadian  dshermen 
Juriiiff  the  last  year  coming  bere  and  buying  all  the  bait  they  i>leased1 
-A.  No,  sir. 

Q.  Have  they  ever  been  interfered  with  ? — A.  No,  sir. 

Q.  lias  anybody  ever  refused  to  sell  them  bait? — A.  No,  sir. 

Q,  Have  they  ever  boeu  troubled  about  entrances  an<l  clearances, 

I  and  tliiiifis  of  that  kind? — A.  No,  sir;  it  would  be  impossible  for  them, 

titlioiit  bait  from  the  State  of  Mair.G,  to  continue  their  codtishery 

Iksiuess  and  the  hand-line  business,  jis  we  look  at  it;  they  have  no 

grounds  on  their  coast  to  produce  bait ;  ihey  depend-upon  the  State  of 

Maine  for  their  bait,  and  Lave  done  so  for  the  last  15  or  20  years — that  is, 

jilieState  of  Maine  princii)ally;  they  got  some  few  from  Mavssacluisetts, 

wttbeir  ]>rincipal  supply  is  from  the  State  of  Maine. 

Q.  What  kind  of  lisU  recpiiro  fresb  bait? — A.  The  halibut  tishery  and 

Itniwl  fishery  ;  that  is,  they  formerly  thought  they  could  do  better  with 

freslibait,  but  wo  have  sent  out  trawlers  this  year,  and  they  used  salt 

I  bait  eutircly,  and  we  found  that  we  could  have  better  success  with  salt 

)aittlian  to  waste  time  running  for  fresh  bait. 

Q.  So  that,  on  the  whole,  it  is  better  for  the  tishernien  of  this  country 
I  to  provide  themselves  with  salt  bait  before  going,  even  though  they  are 
Itrawliiig? — A.  Yes,  sir  j  that  is  our  experience  here. 

Q.  AVhat  do  they  use  for  halibut,  as  a  rule  ? — A.  They  use  very  little 
llresli  bait  usually,  for  they  can't  get  it  until  they  catch  a  few  fish,  and 
|tlifii  tliey  use  the  trash,  as  they  call  it. 

Q.  So  that  there  is  no  need,  even  in  fishing  for  halibut,  to  get  fresh 
m  squid,  or  anything? — A.  Not  being  acquainted  with  the  halibut 

"  eiy,  I  am  uot  able  to  state  whether  it  is  a  necessity  or  uot. 


i' 


m 


5^!i 


FRESH  AND  SALT  FISH. 


Q.  What  have  you  done  with  your  mackerel  that  you  have  taken  ? 
jHiive  you  sold  them  fresh,  or  salt  ? — A.  Salt. 
Q.  Do  jou  export  any  ? — A.  No,  sir. 

Q.  Whore  is  your  market? — A.  The  tfiarket  is  all  over  this  country. 
Q.  Have  you  dealt  any  in. fresh  fish? — A.  No,  sir. 
Q.  Do  you  know  what  etfect  the  greatly  increased  consumption  of 
'resliflshhas  had  upon  the  salt-fish  business? — A.  I  think  it  has  dc- 
^fased  somewhat  the  consumption  of  salt  fish. 

EFFECT  OF  DUTY  ON  THE  CONSUMER. 

I Q.  There  is  a  duty  on  salt  fish,  and  practically  none  on  fresh.  In 
par  opinion,  who  pays  that  duty? — A.  I  think  it  comes  out  of  the 
m  Scotia  fishermen. 


832 


AMERICAN    FISHERY    INTERESTS, 


Q.  According  to  your  experieuce  in  tbo  fish  busiuess,  does  the  duty 
ou  fish  increase  the  price  to  the  consumer? — A.  No,  sir. 

Q.  If  it  attect.'i  anybody,  it  is  somebody  outside  of  Canada;  it  is  the 
wholesaler  and  not  the  consumer? — A.  Yes,  sir. 

Q.  Do  you  know  what  proportion  the  price  paid  the  fishennan  bears 
to  the  price  paid  by  the  consutnor  ?  If  I  bought  a  n)ackerel,  for  iu.stance 
to-day  of  tl»e  retailer,  what  ])roport'on  of  the  price  of  that  mackerel 
does  the  fisherman  get  who  caught  it  ? — A..  Well,  on  an  average,  I  tbink 
he  gets  less  than  one-half. 

Q.  Does  he  get  over  two-fifths? — A.  I  don't  think  he  would  get  over 
two-fifths  ou  an  average. 

LAY. 

Q.  Do  yonr  fishermen  work  on  the  lay? — A.  Yes,  sir. 

Q.  All  of  them  ?— A.  Yes,  sir. 

Q.  Is  that  the  custom  among  the  Maine  fishermen? — A.  Yes,  sir.  I 
think  manj'  of  the  vesselg  in  the  eastern  i»ortion  of  the  State,  at  Bucks- 
I)ort  and  Lemoine,  hire  tlu'ir  men  for  the  voyage. 

NATIONALITY  OF  FISHERMEN. 

Q.  How  many  men  do  you  employ  in  all  ? — A.  I'erhap.i  400  or  6W.    j 

Q.  What  proportion  of  your  sailors  are  American  citizens;  i  do  not 
say  American  born,  but  American  citizens? — A.  In  our  seiniug  tberej 
is  a  large  proportion  of  naturalized  citizens. 

Q.  Four-fifths,  or  what  ? — A.  I  should  say  tlirec-fourths. 

Q.  In  yonr  cod-fisherie«  how  would  it  be? — A.  A  smaller  proportion;, 
perpai)s  not  more  thau  half.  But  those  men  are  coming  this  way  to] 
settle  here;  that  is  the  tendency  and  result  of  their  coming;  they  re-; 
main  here, 

Q.  What  would  you  look  for  as  the  result  of  an  active,  young,  iiitel-| 
ligent  Canadian  coming  in  here  and  engaging  in  the  business!  Wbatj 
is  the  general  result?  Does  he  become  an  American  citizen?— A.  Uel 
becomes  an  American  citizen,  yes. 

Q.  I  suppose  his  ambition  cannot  be  gratified  to  coniiuaudii  vessil 
unless  he  does  become  an  American  citizen  ? — A.  No,  sir. 

Q.  What  kind  of  sailors  are  these  ?— A.  Good  sailors, 

CANADIAN  COMPETITION, 

Q.  What  is  the  reason  you  cannot  compote  with  Canada  in  lisbiugf- 
A.  Well,  they  have  cheaper  vessels,  cheaper  outfits,  and  they  arc  verj 
much  nearer  the  fishing  grounds  than  we  are,  which  makes  quite  a  dif| 
ference ;  and  they  live  ^  ery  differently  on  board  their  vessels. 

Q.  More  cheaply  ? — A.  More  cheaply,  and  very  much  more  different 


COMPENSATION  OF  FISHERMEN. 

Q.  Are  not  all  their  wages  less  thau  the  wages  paid  in  this  country  ?- 
A.  They  know  very  little  about  wages.    As  I  understand,  they  Hvo 
sort  or  serfdom ;  they  go  in  their  vessels,  and  they  and  their  familie 
are  barely  kept  alive  during  the  voyage, 

Q.  They  receive  store  pay  ? — A.  Yes,  sir ;  they  receive  very  littll 
money ;  perhaps  know  very  little  about  money  any  way.    We  pay  oi^ 
men  in  money  as  soon  as  the  fish  are  sold  and  th*..  voyage  is  settled. 


AMERICAN   FISHERY   INTERESTS, 


833 


Q,  What  Lave  your  men  averaged,  for  the  fishery  seasons  for  the  last 
ten  years,  for  their  pay  ? — A.  I  should  think  perhaps  about  $250. 

Q.  How  long  is  the  season  f — A.  It  commences  on  the  first  of  April 
and  closes  in  October. 

Q,  What  do  the  fishermen  generally  do  in  the  interim  1 — A.  Quite  a 
portion  of  them  follow  the  sea;  some  go  winter  fishing;  some  go  into 
the  woods  to  chop,  and  some  remain  at  home. 

PRICES  OF  FISH. 

Q.  Have  you  ever  aoticed  that  the  fishery  treaty  of  1871  had  any 
effect  upon  the  prices  of  fish  ! — A.  No,  sir ;  I  don't  think  it  had  any 
effect  upon  the  prices  of  fish. 

Q,  As  a  matter  of  fact  are  not  fish  lower  this  year  than  last? — A. 
Tbey  are  low ;  lower,  1  think,  than  they  have  been  any  time  since  I 
lave  been  in  the  business. 

By  Senator  Saulsblky: 
Q.  Does  that  apply  to  mackerel  fishing? — A.  No,  sir;  cod-fishing. 

By  Senatoi  Frye  : 

Q.  Mackerel  have  been  higher  this  year  on  account  of  the  scarcity? — 
I  A,  Yes,  sir. 

Q.  Then  it  is  not  the  duly  which  troubles  you  at  all  in  this  matter  of 

Ush;  it  is  that  the  freedom  from  duty  encourages  the  Canadians  to  in- 

I  crease  their  rieet  and  increase  the  number  of  fish  they  catch,  and  thus 

ifdace  the  price  of  your  mackerel? — A.  Yes,  sir.    1  don't  know  just 

I  the  per  cent.,  but  I  think  their  fleet  has  more  than  doubled  in  the  last 

en  years. 

Q.  That  was  a  mistake  made  by  the  gentleman  who  preceded  you  ? — 
1  A,  It  has  more  than  doubled. 

Q.  That  was  very  largely  the  case  during  the  life  of  the  treaty  of 
[Washington? — A.  Yes,  sir. 

Q.  Did  not  Nova  Scotia  make  a  very  heavy  increase  in  two  years 
[there t— A.  Very  heavy. 

FRESH  FISH. 

Q.  In  your  opinion  what  would  be  the  result  of  a  treaty  which  should 
Iprovide  that  for  fifteen  or  twenty  years  our  markets  should  be  entirely 
peto  the  Canadians  for  fish? — A.  The  present  generation  of  Maine 
jisliermen  would  all  go  out ;  they  would  be  obliged  to. 

Q.  Give  up  the  business  ? — A.  Yes,  sir. 

Q.  Have  any  of  your  vessels  had  any  trouble  there  this  season? — A. 
|!io,  sir. 

Q.  Have  any  of  them  been  into  the  Canadian  ports? — A.  Yes,  sir. 
Q.  Then  I  understand  you  there  is  nothing,  so  far  as  you  are  engaged 
|iitlio  fishing  business,  that  you  want  of  Canada? — A.  No,  sir. 

CLOSE  SEASON. 

Q.  What  do  you  say  about  the  close  season  ?— A.  I  be'Ieve  that  we 
ikonld  have  it. 

iQ.  Why? — A.  It  has  been  very  well  stated  here  that  the  spawn  fish 
f"! prevented  from  coming  on  to  our  coast  to  spawn,  as  they  naturally 

ponld  if  they  were  let  alone. 

9.  Ex.  113 53 


834 


AMERICAN    FISHERY   INTERESTS. 


Q.  The  fish  tUat  come  when  thoy  are  carrying  spawn  are  small  and 
poor,  are  they  »>ot  ? — A.  No,  sir ;  they  are  huge  and  poor. 

Q.  In  your  opinion,  is  there  any  difficulty  about  supplying  cheaij 
fresh  fish  in  the  months  of  April  and  May,  even  if  there  is  a  close  time 
on  mackerel ! — A.  No,  sir. 

EXTENT  OP  MACKEREL  FISHERY. 

By  Senator  Saulsbury  : 
Q.  What  is  the  number  of  sail  engaged  in  the  fishing  business  at  this 
port  ? — A.  I  think  we  have  about  150  sail  on  the  books  of  the  PortlaD(l 
Mutual  Insurance  Company;  that  may  not  be  far  from  tbe  number  of 
vessels  from  this  port. 

INSURANCE. 

By  Senator  Frye  : 

Q.  What  is  the  average  cost  of  insurance  in  mutual  companies !— A. 
The  last  ten  years  I  think  it  has  been  about,  perhaps  less  than,  2  per  j 
cent,  for  the  season. 

Q.  How  is  it  that  the  average  in  Gloucester  is  9  per  cent.!— A. 
They  do  much  more  winter  fishing,  Georges  fishing,  which  is  much  more  | 
h  azarUous  than  ours. 

A  Bystander.    Their  season  is  shorter,  too. 

The  WiTNEfis.  We  are  in  trouble  now ;  we  have  two  vessels  ashoi  i  i 
at  Malpeque ;  I  am  just  arranging  to-day  to  send  a  diver  there;  I  Lave  j 
telegraphed  to  Halifax  to  ascertain  if  they  would  allow  it;  we  haveuot 
received  any  answer ;  we  understand  they  will  not  allow  us  to  removej 
the  ballast.  They  are  very  nice  vessels,  and  we  insured  them  for  about] 
$11,000. 

Q    What  it  che  ballast? — A.  It  is  rock. 

Q.  You  understand  that  they  do  not  allow  you  to  remove  that  bal- j 
last  of  rock  ? — A.  We  understand  so.  I  am  president  of  the  iusuraucej 
company,  and  I  engaged  a  diver  to  go  to-night,  on  the  chance  of  being  j 
permitted  to  remove  the  ballast.  We  have  an  agent  at  Malpeque  wbj 
has  judeavored  to  engage  diverS;  but  they  have  none,  or  would  iiotj 
fiiiiiish  any  ;  they  said  their  divers  we;  e  busily  engaged  and  could  not 
accommodate  him.  Therefore  we  are  at  their  mercy,  and  if  we  are  uo{| 
allowed  to  send  divers  from  here  we  must  lose  the  vessels. 

Q.  Where  is  Malpeque? — A.  On  the  north  side  of  Prince  Edward] 
Island. 

LOCAL  T.lXATiON  OF  VESSELS. 

By  Senator  Saflsbury  : 

Q.  Ate  your  vessels  here  properly  subject  to  taxation  for  local  purj 
poses!    r  some  of  the  States  they  do  not  subject  them  to  local  taxes.- 
A.  Yes,  sir ;  they  are  subject  to  taxation. 

Q.  What  is  the  rate  of  taxation  ? — A.  About  2J  per  cent. 

By  Senator  Frye  : 

Q.  IIow  do  they  assess  those  vessels — at  full  value! — A.  No,  sir. 

Q.  About  how  much  ! — A.  When  a  vessel  is  new  they  make  tbe  i 
sessment  at  nearly  its  full  value,  but  the  assessment  is  reduced  quiti 
fast  as  the  years  go  by. 

Q.  Is  it  reduced  faster  than  the  depreciatioa  of  the  vessel  t— A.  Ycj 


sir ;  and  at  20  years  they  drop  it  out. 


AMERICAN   FISHERY    INTERESTS. 


835 


DEPRECIATION  OF  FISUING  VESSELS. 

Q.  What  do  you  account  the  anuual  depreciation  of  a  fisherman  1 — 
A.  The  first  five  years  the  depreciation  would  be  from  5  to  8  per  cent., 
audatthe  present  outlook  it  would  be  much  more  than  that. 

Q.  The  depreciation  would  be  very  much  larger  on  those  vessels  en- 
in  winter  fisheries,  would  it  not  f — A.  Yes,  somewhat  larger. 


By  Senator  Saulsbury  : 
Q,  Wh;*i  is  the  average  life  of  your  fishing  vessels  ?— A.  The  average 
1  life  twfcre  retopping,  as  we  term  it,  is  about  15  years ;  then  they  have 
[tobe  retopped ;  the  bottom,  of  course,  never  rots,  being  saturated  with 
alt. 

Senator  Saulsbury.   That  is  all. 
The  Witness.    There  is  one  point  I  would  like  to  bring  out. 

EXPORTATIONS,  AND  TRANSSHIPMENTS. 

Senator  Saulsbfry.  State  anything  you  desire. 
The  Witness,  in  regard  to  Nova  Scotia  interfering  now  with  our 
leiport  business  J  ihey  are  cutting  us  oft'  very  much  from  our  export 

By  Mr.  Frye  : 

Q.  How? — A.  By  bringing  their  fish  here  and  having  them  go  through 
loar customhouse  free  of  duty,  and  shipping  them  to  ports  that  we 
jhave  formerly  supplied  with  fish;  while  they  don't  allow  us  to  bring 
I» barrel  of  fish  from  the  Bay  over  their  railroad,  we  are  allowing  them 
Ito  bring  here  all  the  fish  they  choose  and  reship  them  to  the  West 
|Ij(lies  free  of  duty  and  expense,  and  shutting  us  oft  from  that  trade. 

Q.  You  are  not  aware  that  any  restriction  has  been  placed  upon  them 
|iii our  country  in  relation  to  that  transit? — A.  Not  that  I  know  of. 
Q.  And  you  are  aware  of  the  fact  that  they  do  not  allow  us  to  land 
ny  of  our  cargoes  and  transship  there? — A.  Not  any  this  year. 
Q.  And  I  suppose  it  is  further  a  fact  thqt  nearly  all  their  fresh  fish 
;sent  in  that  way  to  Boston  market,  are  they  not! — A.  Yes,  sir. 

CANADIAN  PORT  PRIVILEGES. 

[Q  Would  it  be  an  advantage  for  our  fishermen  to  land  there  and  ship 
(Boston  t— A.  It  would  )T  tbey  were  fishing  in  the  Gulf  of  ^t.  Law- 
Mo.  We  formerly  landed  cargoes  at  Shediac,  and  refitted  and  sailed. 

I Q.  That  has  all  been  cut  oft'  since  the  treaty  of  Washington? — A. 

les,  sir. 

1 Q.  Mr.  Saulsbury  insists  that  that  point  applies  to  all  other  classes 

[property. — A.  I  presume  all  classes  of  property  would  be  subject  to 

fsame.    I  think  they  are  much  more  indebted  to  us  for  the  two 

Neges  of  bait  and  reshipraent  of  fish  than  for  any  they  can  give  to 

IQ  They  do  not  make  the  same  application  to  all  registered  vessels 
T»t  desire  to  enter ;  it  is  only  the  fishing  vessels  ? — A.  Only. the  fish- 
« vessels.  ;; 

\%  U  there  anything  else  you  desire  to  state  t — A.  No,  sir. 


836 


AMERICAN   FISHERY   INTERESTS. 


TESTIMONY  OF  GEORGE  TBEFETHEN. 

Portland,  Me.,  October  6, 1886. 

GEORGE  TREFETHEN  «woru  und  examined. 
By  Senator  Frye  : 

Question.  Wliere  do  you  live? — Answer.  Portland. 

Q.  How  Old  are  yon  f — A.  /Iraost  fifty-seven. 

Q.  What  i8  your  business? — A.  Pish  dealer. 

Q.  How  long  have  yow  been  m  the  bnmness? — A.  Thirty-four  years. ' 

Q.  Are  you  an  owuerot'  iisbing  vessels? — A.  No,  air;  I  am  not  an  j 
owner  of  fishing  vessel  now ;  I  do  own  one  piece  of  a  fishiuf,'  vessel;  1 1 
formerly  owned  a  dozen  m-  rofwe  pieces. 

Q.  So  that  your  pi  incipal  business  is  dealing  in  fish? — A.  Yes,  sir. 

Q.  Whatkindof  fish!— A.  t)iy,  salt,  and  pickle  fish,  and  all  kinds  of | 
sea  fish. 

Q.  Are  yoft  a  wholesaler?— A.  Yes,  sir. 

EFFECT  OF  DtfTY  Vtatf  OONHt/MEK. 

Q.  What,  in  your  experience,  in  the  difference  between  the  wholesale! 
price  of  llsh  and  the  price  which  the  consumer  pays? — A.  I  think 
present  the  prices  of  dry  fish  arc  nearly  a  hundred  per  (tent,  moretban 
the  first  cost. 

Q.  In  your  opinion,  does  the  duty  upon  salt  fish  affect  the  price  o^ 
fish  to  the  consumer  ? — A.  No,  sir  j  I  don't  think  it  does. 

Q.  Who  do  you  think  pays  the  duty? — A.  I  think  the  men  thatsbij 
them  here  pay  it. 

Q.  The  Oanadians  1 — A.  The  Canadians. 

Q.  But  if  it  hns  any  effect  at  all  it  is  only  between  the  Canadians au^ 
fishermen  ? — A.  Perhaps  there  ought  to  be  a  little  qualification  in  tha 
respect;  it  may  have  a  slight  effect  on  the  purchaser.  The  amount ( 
fish  brought  in  from  Novri  Scotia,  compared  with  the  amount  taken  hi 
our  own  people,  is  small ;  I  do  not  see  how  it  could  have  a  perceptiblj 
effect  except  in  rare  instances  when  we  are  short  of  catch  and  tley  hav 
a  large  catch. 

Q.  Now,  as  to  fresh  fish :  Do  you  know  the  difference  between  th 
prices  of  the  wholesaler  and  the  prices  of  the  retailer  for  fresh  flshf- 
A.  Somewhat. 

Q.  What  is  the  relation  of  those  to  each  other  ? — A.  I  shonld  sa 
about  threefold. 

Q.  That  is  to  say,  the  consumer  pays  threefold  more  than  the  wliol^ 
saler  pays  ?  —A.  Yes,  sir. 

Q.  If  there  was  a  duty  upon  fresh  fish,  do  you  think  it  would  affect  tH 
consumer  at  all? — A.  Hardly;  the  amount  is  so  small  in  comparisff 
with  our  own  catch  that  it  does  not  seem  to  havt  any  significance  roll 
tively. 

FRESH  FISH  IN  lOE. 

Q.  Under  the  present  construction  of  the  tariff'  allowing  "fish,  frea 
for  icMiediate  consumption,"  to  come  in  free,  and  under  modern  pa 
cesseai.  is  there  any  difficulty  about  keeping  fresh  fish  on  shipboard  f 
ten  days  or  s^  fortnight?     *    No*-,  any. 


AMERICAN    FISUEEY    INTERESTS. 


837 


Q.  And  then  taking  them  in  refrigerator  cars  to  Boston  aud  New 
York!— A.  None  at  all,  practically. 

Q.  Sothatpractically  fresh  fish  could  bo  keptasfresh  flsh  for  mouths  t — 
A.  Yes,  sir;  they  are  practically  cured.  .    , 

)  DUTY. 

Q.  Do  you  know  of  any  reason,  if  there  is  duty  on  frozen  flsh,  why 
there  should  not  be  on  fresh  t — A.  I  do  not. 

Q.  In  bringing  a  cargo  of  fresh  fish  from  Canada  is  there  any  diffl- 
caltyat  all  in  sending  them  to  Boston  or  any  other  place  whatever,  and 
immediately  curing  the  whole  cargo  ? — A.  1  don't  see  any  reason  why 
it  can't  be  done. 

Q,  And  thus  escape  the  duty  ? — A.  I  think  the  Canadians  charge  us 
I  idaty  on  fresh  fish,  the  same  as  on  salt. 

Q.  Yes,  they  do.  Do  you  know  of  any  nation  that  does  not  charge 
1 08  a  duty  if  we  send  them  fish? — A.  I  do  not;  and  some  of  them  are 
1  pretty  hard  chargers,  too. 

BAIT. 

Q.  Are  you  familiar  with  the  fishery  business? — A.  I  think  I  am. 

Q.  Is  there  any  necessity  of  our  going  into  Canadian  ports  to  buy 
daitfor  cod-fishing  on  the  Banks? — A,  I  don't  think  there  is  except  in 
I  rare  instances.  I  can  conceive  of  a  case  where  it  would  bo  beneficial 
I  to  go  into  a  Canadian  port  for  fresh  bait. 

Q.  Such  as  what? — A.  A  vessel  leaving  port  here  with  fresh  bait, 
I {oiDg  trawling,  meeting  adverse  winds  or  bad  weather,  the  bait  might 
I  become  injured  before  they  got  on  the  fishing  grounds,  or  before  they 
[tsed  the  bait ;  in  such  a  case  it  might  be  advantageous  to  be  able  to 

1  into  a  near  port  instead  of  going  a  long  way  home  to  renew  the 
liopply.  I  think  it  is  rarely  that  would  happen,  but  occasionally  it 
liiglit.  I  think  the  strongest  reason,  perhaps,  for  our  vessels  going 
|iiito  Canadian  porta  is  having  Canadian  men  aboard.  Nova  Scotians, 
;want  to  see  their  families;  tl  oy  want  to  go  home,  and  they  make 
jitaa  excuse  half  the  time  that  they  want  to  get  some  bait,  when  they 

mly  want  to  go  into  port  and  have  a  good  time. 

Q.  You  being  acquainted  with  the  fishing  business,  if  you  had  twenty 
I'essels  engaged  in  the  cod-fisheries  which  should  you  prefer,  that  the 

aptains  of  your  cod-fishermen  should  every  season  go  into  Canadian 

(orts  to  bny  bait,  or  that  they  should  take  bait  originally  when  they 

avehere,  and  not  go  into  Canadian  ports  except  for  shelter,  repairs, 

twodaud  water? — A.  I  should  prefer  that  they  should  keep  away 

w  the  ports. 

IQ.  You  think  it  would  be  more  profitable? — A.  I  do.    From  1852  to 

wo  I  was  part  owner  of  eight  or  ten  cod-fishermen  and  mackerel  fish- 
nen,  and  was  somewhat  interested  in  the  business.    1  do  not  think 

mny  knowledge  we  ever  bought  a  barrel  of  bait  of  Canada. 

[Q.  And  part  of  that  time  you  had  the  privilege? — A^  Part  of  the 

me  we  had  the  privilege. 

AMERICAN  AND   CANADIAN  BEOIFROCAL  PBTVILEGEg. 

IQ'  Doyou  know  anything  that  our  fishermen  require  from  Canada 
itliis  matter  of  fishing  ? — A.  AVe  require  the  privilege  of  thelciJorts 
hm  of  stress  of  weather. 


838 


AMERICAN   FISHERY   INTERESTS. 


Q.  I  mean  outside  of  what  we  are  entitled  to  under  the  treaty a. 

I  don't  think  of  anything  else.  It  might  be  an  advantage  to  us  to  sbiii 
our  mackerel  home,  t(  ave  commercial  privileges  the  same  as  our  mer 
chant  marine  has;  I  d<   I't  see  why  we  shouldn't  be  entitled  to  tliem. 

Q.  Do  you  know  whcJior  these  fishermen  generally  take  permits  to 
touch  and  trade? — A.  Several  of  them  did  this  spring,  but  it  amounted 
to  nothing. 


Q.  The  Canadian  authorities  would  not  recognize  them  ?— A.  No, 


Sir, 


FREE  FISH. 

Q.  What  would  be  the  eflect  upon  our  fisheries  if  Canada  should 
obtain  a  treaty  which  would  give  her  our  market  free  for  15  or  20  years! 
— A.  I  think  it  would  be  virtually  the  extinction  of  our  Bank  fisheries, 
our  mackerel  fisheries.  We  should  probably  continue  the  shore  fishJDg  j 
with  smaller  vessels  and  small  boats.  We  are  suffering  now  from  tlie 
effects  of  the  large  increase  the  last  two  or  three  years  of  the  continu! 
ance  of  that  treaty. 

Q.  In  consequence  of  the  increase  of  the  Canadian  fleet?— A.  Yes,! 
sir;  that  is  where  we  are  suffering  now.    They  are  going  to  die,  but  j 
they  die  hard.    They  have  their  vessels  and  are  keeping  them  afloatj 
as  long  as  possible  in  hopes  to  accomplish  another  reciprocity  treaty.! 
That  is  one  thing  that  has  created  an  over  supply  of  fish,  principaliyj 
Bank  fish.     If  they  are  allowed  to  increase  and  have  ouy  raarljets  free,! 
it  se  )ms  to  me  that  it  will  be  the  extinction  of  our  fisheries;  I  don't  se 
anything  else  in  store  for  us.    They  are  feeling  very  bad  about  payinjj 
this  duty,  and  it  goes  pretty  hard  with  them  with  the  low  prices. 
buy  quite  a  large  lot  of  Nova  Scotia  fish  myself;  I  have  had  one  or  twd 
cargoes  a  rjonth  for  the  last  three  months.    They  bring  them  here  m 
we  buy  them. 

DUTY. 

Q.  Who  pays  the  duty — you,  or  they? — A.  I  know  that  I  don't, 
furnish  the  money  to  do  it,  but  it  comes  out  of  the  price  of  the  fislj 
We  buy  their  fish  at  a  little  less  than  we  buy  our  own. 

Q.  Even  with  the  duty  on? — A,  Yes,  sir. 

BAir. 

Q.  Have  they  been  in  the  habit  o'x  coming  in  here,  without  let 
hinderance,  to  buy  bait? — A.  Yes,  sir;  to  buy  anything  they  want, aj 
lay  24  hours  or  48,  or  a  week  if  they  want  to,  in  the  lower  harbor,  wi| 
out  let  or  hinderance,  without  entering. 

Q.  Has  any  trouble  ever  been  made  with  them  this  year  about  it  j 
all? — A.  The  only  case  I  have  heard  of  was  at  Booth  Bay. 

PROVINCIAL  FISH. 


By  Senator  Saulsbury: 

Q.  You  say  you  deal  in  Nova  Scotia;  what  i>ro portion  of  the  fislitl 
come  to  this  market  are  fish  caught  by  the  Provinces? — A.  I  should r 
that  in  my  business  I  buy  perhaps  a  quarter  part  of  Nova  Scotia  I 

Q.  What  kind  offish  are  those?— A.  Codfish  principally;  veryl 
maci<erel  come  here  from  Nova  Scotia.  I 

Q.  Do  you  think  t\y.t,t  the  quantity  of  fish  from  Canada  and  ^1 
Scotia  that  comes  to  this  market  affects  the  i^riee  at  all!— A.  Well, 


AMERICAN  FISHERY   INTERESTS. 


830 


treaty.— xV, 
)  us  to  Bbiv 
aa  our  mer- 
to  them, 
permits  to 
it  amounted 

-A.  No,  sir. 


luada  sbould 
>  or  20  years? 
,ank  flsberies, 
,  shore  fishing ' 
now  from  tbe  1 
f  the  continn-  j 

,eet?— A.  Yes,] 
ingto  (lie,  hut  1 
ig  themafloiitj 
procity  treaty.! 
isb,  principally] 
<•  roarkets  free,] 
138 -,  1  don't  seft 
,d  about  paying 
e  low  prices.  I 
jliadoneortwd 
r  tbem  here  anq 


tbat  I  don't, 
(rice  of  the  wi\ 


tbiuk  they  have  au  effect;  they  are  a  class  of  fish  that  comes  here  iu 
direct  competition  with  another  class  that  our  people  cure  here. 

Q.  1  am  speaking  now  of  the  cod  and  mackerel  T — A.  The  codfish 
principally.  The  mackerel  might  as  well  be  left  out,  as  far  as  the  com- 
petition of  this  port  is  concerned  with  Nova  Scotia ;  they  don't  bring 
tliem  here ;  they  send  them  to  New  York,  Chicago,  and  Boston  directly 
from  Halifax  and  those  ports  there :  but  they  do  not  come  to  Portland. 
I  think  I  can  safely  say  that  there  have  not  been  a  thousand  barrels  of 
Kova  Scotia  mackerel  landed  in  Portland  from  Nova  Scotia  vessels  in 
two  years ;  I  don't  know  of  it,  and  I  think  I  should  know  if  that  had 


been  the  case. 


HEBBING. 


Q.  Do  you  catch  any  herring  with  your  fishermen  from  here! — A.  Oh, 
yes,  thousands  of  barrels  are  caught  iu  the  fall  of  the  year,  about  this 
time.  If  you  were  to  walk  down  upon  our  wharves  at  this  time  you 
would  see  fish-packing  establishments  surrounded  by  barrels  of  herring 
tbat  have  just  been  landed. 

Q,  Do  you  think  the  herring  caught  in  the  waters  of  the  Provinces 
and  Canada  affect  the  prices  of  herring  in  the  market  f — A.  I  don't  see 
how  they  can  very  materially  j  the  price  is  so  very  low  that  after  they 
:  pay  the  duty  there  don't  seem  to  be  anything  left. 

By  Senator  Feye  : 

Q.  What  is  the  price  of  herring  ? — A.  About  $3  a  barrel  here. 
Q.  How  many  pounds  ? — A.  Two  hundred  pounds.  The  fish  business 
8  away  down  at  the  lowest  possible  grade  of  existence. 

.  MAOKEBEL. 

By  Senator  Saulsbuby  : 

Q,  That  does  not  apply  the  present  year  to  mackerel,  does  it  ? — A. 
iNo;  the  prices  are  high,  but  the  mackerel  are  scarce,  so  it  does  not  help 
Ithe  flHherman. 
Q.  The  price  of  fish,  like  every  other  commodity,  depends  upon  sup- 
riy  and  demand  ? — A.  Just  so. 


without  let 
g  they  want,  a! 


sver 


harbor, 


\n< 


year 
Bay. 


about  it 


lonofthefislitj 

.A.  I  shouldf 

iNova  Scotia  f 

licipally;  veryi 

I'anadaaml^l 
U?-A.^Ve«. 


FEESH  FISH  AND  HADDIES. 

By  Senator  Fbye :  .       «,    , 

[Q.  I  suppose  that  most  of  the  fresh  Aah.  they  send  here  come  by  rail, 
MbeynotI— A.  The  most  of  them  como  by  rail  and  steamer.  Most 
f  tbe  fresh  fish  that  are  brought  from  the  Provinces  come  by  steamer 
i Boston  from  Yarmouth  and  Halifax. 

[Q.  They  do  not  come  to  Portland  much ! — A.  Some  come  on  the  St. 
bn  steamer  from  Digby  and  St.  John,  principally  halibut.  But  the 
.John  ])eople  buy  more  fresh  in  Portland  and  in  Boston  than  we  buy 
ftbem.  They  depend  upon  us  for  their  winter  baddies.  They  come 
•  Boston  and  buy  thousands  and  thousands  of  pounds  of  fresh  had- 
ick.   The  Canadian  Government  has  put  an  extra  duty  upon  baddies 

«d  in  the  United  States  iu  order  to  i>rotect  their  people  there.  The 
ly  lias  been  made  high,  and  yet  they  can  come  over  to  Boston  and 
Kt'resli  haddock,  take  tliem  to  St.  John  and  smoke  them,  and  ship 
™  to  Ottawa,  Montreal,  and  everywhere  else  iu  that  country  at  a  half 

^'it  less  than  we  can,  and  still  make  a  profit.    That  involves  a  little 

"ociering. 


840 


AMERICAN   FISHEEV    INTERESTS. 


'  CANADIAN  DUTY  ON  HADDIES. 

By  Senator  Edmunds  : 

Q.  How  are  they  able  to  do  that! — A.  The  Canadian  Government 
puts  a  special  duty  on  haddies. 

Q.  And  you  have  to  pay  the  duty  when  you  send  them  there!— A. 
Yes,  sir. 

Q.  The  duty  in  Canada,  you  think,  bears  upon  you  who  send  the  fisL 
in  there? — A.  Yes,  naturally. 


TESTIMONY  OF  JOHN  A.  EMEBY. 

Portland.  Me.,  October  0, 1886. 

JOHN  A.  EMERY  sworn  and  examined.    . 
By  Senator  Frye  : 

Question.  What  is  your  business? — Answer.  I  am  in  the  salt  business,) 
and  am  a  vessel-owner  and  commission  merchant. 

Q.  Are  your  vessels  engaged  in  fishing? — A.  Yes,  sir. 

Q.  How  long  have  you  been  engaged  in  that  business?— A.  I  bavel 
been  engaged  in  this  business  about  ten  years. 

BAIT,  ETC. 

Q.  You  have  heard  the  testimony  touching  what  we  desire  froml 
Canada,  the  necessities  of  our  buying  bait  there,  and  touching  tliol 
effect  of  free  fish,  and  all  that  sort  of  thing,  from  several  gentlemen  wLo] 
have  testified,  have  you  not? — A.  Yes,  sir. 

Q.  Do  you  agree  with  them  ? — A.  I  do.    I  cau't  see  that  there  is  any| 
necessity  of  our  vessels  going  in  there  for  bait.    I  think  they  get  more 
bait  of  us  than  we  get  of  tbem. 

CLOSE  TIME. 

Q.  I  wanted  to  ask  especially  your  opinion  about  a  close  time.— A.  Mj 
opinion  is  that  if  we  don't  have  a  close  time  the  mackerel  will  disappea 
from  this  coast.  Such  an  immense  fleet  of  vessels  going  down  ther 
and  brciaking  them  up  in  their  spawning  season,  when  they  first  appea 
off  Cape  Hatteras  or  Cape  Henry,  I  think  has  the  effect  to  drive  tliej 
oft'  tlie  coast,  broad  oft',  so  that  the  large  mackerel  don't  care  to  come  [ 
on  this  shore  at  all.  I  think  that  has  been  especially  the  case  this  yea 
And  of  course,  taking  so  many  mackerel  full  of  spawn,  in  time  will  tei^ 
to  cut  off  the  supply^  I  think  they  will  disappear  on  this  coast  alt 
gether  unless  something  is  (louo  to  prevent  it, 

Q.  They  take  porgies  and  mn<;k<'rel  indiscriminately,  do  they  notfj 
A.  Yes,  sir.    There  have  been  no  poigioB  on  this  coast  for  many  yea^ 

MACKEREL  SPAWN/JfO. 

By  Senator  Edmunds  :. 
Q.  Do  the  mackerel  spawn  on  this  coast  here? — A.  .1  coaWVt  sayj 
to  that;  I  think  tbey  used  to  before  we  drove  them  away;  I  think th 
used  to  spawn  around  Cape  Cod  and  Nantucket,  bat  I  cau't  say  of  r 
own  knowledge  j  that  is  the  impression  I  have  always  had. 


AMERICAN   FISHERY    INTERESTS. 


H41 


Q.  According  to  your  information  are  any  mackerel  taken  oflf  your 
slioies  here,  the  nearest  mackerel  fisheries  to  this  port,  that  contain 
spawu  fully  developed  and  about  ready  to  be  cast,  at  any  time  of  the 
year t- A.  I  think  they  have  taken  them  off  Cape  Cod;  they  used  to, 
"bnt  haven't  taken  any  this  year,  and  very  few  the  year  before.  But  1 
caD't  say  as  to  that  so  well  as  some  of  the  gentlemen  who  have  been  in 
the  business  longer. 

FREE  FISn. 

By  Senator  Feye:  .   • 

Q.  In  your  judgment  what  would  be  the  effect  of  a  treaty  with  Canada 
by  which  she  was  given  our  markets  free  for  a  certain  period,  say  fifteen 
or  twenty  years? — A.  I  know  I  should  go  out  of  the  business. 

Q.  Why  would  you  go  out  of  the  business! — A.  We  can't  compete 
with  them.    They  are  building  up  their  fleet  at  the  expense  of  ours. 

Your  opinion  is  that  it  would  be  destructive  to  our  fishery  in- 
I  terestst— A.  That  is  my  opinion.    When  I  was  a  young  lad  I  remember 
that  our  fishermen  were  prosperous,  but  now  some  of  them  have  gone 
I  oat  of  the  business  entirely. 

COD  AND  MACKEREL. 

By  Senator  Saulsbuey  : 

Q.  How  far  off  this  shore  are  mackerel  taken  ? — A.  The  mackerel  ap- 
)earoD  this  shore  about  the  10th  of  July,  and  are  caught  from  10  to  50 
niles  off-shore. 

Q.  Have  you  any  hand-line  fishing  ? — A.  Not  now  for  mackerel. 

Q.  The  fishing  is  all  done  by  seines! — A.  Yes,  sir.  There  is  some 
I  iliore  cod-fishing  on  this  shore.    They  catch  those  nearer. 

By  Senator  Edmunds  : 

Q.  Row  many  vessels  have  you  in  the  business! — A.  I  think  I  have 
|an interest  now  in  fifteen. 

Q.  Both  cod  and  mackerel  fishing  vessels  ! — A.  Yes,  sir. 

Q.  About  the  same  classes  of  vessels  that  have  been  described  by 
k other  gentlemen! — A.  Yes,  sir. 

Q.  About  the  same  number  of  men  to  each  vessel? — A.  Yes,  sir. 

Q.  About  the  same  proportion  of  American  citizens  ! — A.  Yes,  sir. 
Ilam  interested  in  small  pieces  with  some  of  these  gentlemen  who  have 
Itestified. 

Q.  Have  any  of  your  vessels  been  disturbed  in  the  Provinces  this 
tear?— A.  I  think  not. 

Q  How  many  vessels  this  year  have  you  had  going  into  the  North 

lay,  or  what  we  call  the  Bay  of  St.  Lawrence  ? — A.  Six  or  seven ;  six, 

iicy  went  for  mackerel,  I  suppose? — A.  They  went  for  mackerel. 
Q.  Did  they  get  fair  fares  ? — A.  Two  of  them  got  pretty  near  full 
"ires.  The  rest  of  them  came  home  with  broken  trips,  which  is  very 

^profitable. 

THEEE-MILE  LIMIT. 

[Q'  And  they  were  taken,  I  suppose,  as  a  matter  of  course,  outside  of 
"ilireeinile  limit?— A.  They  can't  fish  inside  the  three-milo  limit. 

Hiero  isn't  water  enough,  us  a  rule. 

[Q  Your  mackerel  vessels,  during  the  time  you  have  been  engaged  in 
■  business,  I  suppose,  have  not  caught  fish  to  any  extent  within  the 


m 


S42 


AMERICAN   FISHERY   INTERESTS. 


limit t — A.  Not  uutll  this  year.  Very  few  vesselN  that  1  ha\o  U'tMi  in 
terested  in  went  to  the  Bay  of  St.  Lawrence  at  all.  It  is  only  tln.i  vear 
that  the  mackerel  have  gone  there  for  a  number  of  years.  I  think  they 
have  been  driven  off  our  coast.  It  has  been  a  very  unfnrtuuato  fcntiirc 
that  they  went  this  year  and  the  year  before. 

Q.  Uas  it  been  any  serious  inconvenience  to  your  vessel  in  the  mack 
erel  lishery  up  there  that  they  have  not  been  allowed  to  go  inside  of  tho 
three-mile  limit,  except  for  wood,  water,  &c.  T — A.  Oh,  no,  sir;  they 
couldn't  fish  vitbin  tho  three  miles. 


TESTIMONY  OF  HOBACE  M.  SAROENT. 

•     ^  a-  .         Portland,  Me.,  October  G,  im. 
HORACE  M.  SARGENT  sworn  and  examined. 
By  Senator  Feye  : 

Question.  Where  do  you  reside  1 — Answer.  Falmouth. 

Q.  What  is  your  business! — A.  Fitting  business. 

Q.  Falmouth  is  close  by  Portland,  is  it  not! — A.  Yes,  sir. 

Q.  Are  you  the  owner  of  any  vessels  ? — A.  Yes,  sir. 

Q.  llow  many  are  you  interested  in  ? — A.  I  own  pieces  of  about  fif-l 
teen  fishermen,  and  I  own  a  large  fleet  of  coasters,  about  twentyfivel 
vessels. 

CASE  OF  THE  ELLA  M.  DOUGHTY. 

Q.  Did  any  of  your  vessels  get  into  any  difQculty  this  season  t— ^J 
Yes,  sir. 

Q.  What!— A.  The  schooner  Ella  M.  Dou{;hty. 

Q.  What  was  the  difficulty  ! — A.  The  captain  ieft  Portland  with  fresh 
bait  aboard  to  go  halibutting.    He  had  been  a  trip  before  of  over  a| 
week,  and  got  quite  a  large  fare.    He  went  back  to  the  same  groundi 
in  hopes  to  get  another  fare.    But  they  bad  moved  by  the  time  Lego^ 
there,  and  so  he  started  to  go  further  up  the  coast.     When  be  {rot  nfl 
the  coast  he  fell  in  with  the  ice,  and  put  into  Pictou  for  harbor.    Whilj 
in  there  the  custom-house  authorities  sent  a  boat  oif  alongside  and  told 
him  he  would  have  to  enter  at  the  customhouse,  which  he  did.    Helaj 
there  a  spell,  and  came  out  and  tried  to  get  up  the  coast  from  there  fiiii 
ther,  but  the  ice  drove  him  into  St.  Anne's.    1  think  he  tried  three  time 
to  get  out.    The  second  time  when  he  was  trying  to  get  out,  his  baij 
was  getting  poor,  and  one  of  their  fishermen  came  alongside  and  offero 
to  sell  him  some  fresh  bait.    As  he  had  one  of  these  permits  to  touol 
and  trade,  which  he  supposed  was  all  sufficient  to  buy  with,  he  bough 
the  bait.    These  fellows  that  he  bought  the  bait  of  went  to  the  sto^ 
there  to  do  some  trading,  and  the  storeman  asked  them  where  theyga 
the  American  money.    They  told  him,  and  then  the  storeman  madej 
complaint  against  the  Doughty.   She  had  to  put  back  again  to  '^t.  Ann'' 
on  account  of  the  ice,  and  finally  had  to  make  up  iuto  the  upper  harboj 
The  captain  didn't  know  that  there  was  any  custom-house  there. 
said  there  was  a  farm-house  away  up  in  the  fieiu  where  the  man  livd 
who  pretended  to  be  a  custom-house  officer.    Thji  i  man  came  down  a| 
seized  the  vessel,  and  the  captain  and  crew  came  •  omc.    Since  them 
gave  a  bond  of  $400  for  not  entering,  and  $200  for  some  other  expeus 
(i  don't  know  exactly  what  they  were),  and  a  $3,000  bond  for  the  ves3( 


AMERICAN   FIBHIilKY   INTERESTB. 


Ma 


Q.  Voii  gave  bond  to  release  the  vessel  and  she  hu«  come  home  t — A, 
Ve8,  sir. 

Q.  Uas  anything  been  done  aboat  iti — A.  Ves,  sir  ;  Mr.  Putnam  in 
attending  the  case,  and  I  Huppose  it  will  oomc  op  for  trial  this  month. 

By  Senator  Edmunds  : 

Q.  A  •  whiit  place  t— A.  At  Halifax.  ,  .      r 

Ly  Senator  Fbye  :  '  ' 

Q.  How  much  bait  did  he  buy  f — A.  He  bought  $10  worth ;  bought 
it  very  clieai* ;  1  believe  he  bought  ten  barrels  at  $1  a  barrel.  lie  bad 
OIK  >t  these  jx  ( mits  to  touch  and  trade,  which  he  showed,  but  they 
told  bim  it  wasii  t  good  for  anything.  It  was  my  understanding  when 
be  loft  port  here  that  with  that  permithe  could  touch  ami  buy  anything. 

Senator  Fbye.  The  fact  is  that  a  telegram  came  from  the  State  Do- 
partmont  that  it  was  good. 

The  Witness.  I  think  so ;  we  were  led  to  think  so. 

l)y  Senator  Edmunds: 

Q.  What  time  in  the  year  was  it  that  that  vessel  was  seized  I — A.  I 
think  it  was  in  the  month  of  May. 

Q.  She  was  in  the  Northumberland  Strait,  near Pictouf — A.  Tes,  sir. 

Q.  If  it  had  not  been  for  the  ice  driving  her  in  she  would  not  have 
bad  any  occasion  to  buy  bait  f — A.  No,  sir;  but,  of  course,  it  is  very 
I  convenient  for  the  halibut  catchers  to  go  in  and  buy  bait. 

BAIT. 

I,  What  kind  of  bait  is  used  for  halibut? — A.  Herring  mostly;  when 

I  they  can  get  herring  they  fish  with  it  altogether,  but  when  they  cannot 

they  fish  and  catch  haddock  and  cod,  or  anything  they  can  get,  and  cut 

them  ap  for  bait.    But  herring  will  catch  more  halibut  than  this  trash 

Uill. 


TESTIM0F7  OF  N.  0.  CBAtf. 

PoETLA?/D,  Me.,  October  6, 1886. 
K  0.  GEAM  sworn  and  examined. 

By  Senator  Edmunds  : 
Question.  What  is  your  age  ? — Answer.  Seventy  three. 
Q.  Where  do  you  reside  ? — A.  Portland. 
Q.  What  is  your  occupation  t — A.  Commission  merchant. 
Q.  You  deal  in  fish  as  well? — A.  Tes,  sir;  I  have  for  the  last  40  years. 
Q.  Are  you  interested  in  any  fishing  vessels  f —A.  No,  sir. 
Q.  Are  you  acquainted  with  theifishing  business  ? — A.  I  think  I  am 
uome  measure;  I  have  had  such  connection  with  it  that  1  have  more 
[trlesskuowl^idge. 

THEEE-MILE  LIMIT. 

^Q.  From  your  knowledge  of  the  fishing  business  in  the  Gulf  of  St. 
wrence  and  along  the  Dominion  shores,  what  do  you  think  is  the 
leio  American  fishermen  of  the  right  to  fish  within  three  miles  of 
shore? — A.  I  shouldn't  judge  it  was  of  great  value,  because  in 
«per  water  there  are  more  fish ;  and  then,  again,  there  is  great  risk 


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23  WEST  MAIN  STSEkT 

WEBSTER,  N.Y.  14580 

(716)  872-4503 


•  V 


/ 


844 


AMERICAN   FISHERY   INTERESTS. 


in  fishing  within  the  limite ;  they  lose  their  seines,  and  it  is  daogi 
navii'ation.    I  don't  consider  it  of  any  value. 


.i-ii'-'iil 


;^"\n-}  w,? 


any 


FISHING  TRADK. 


:erou8 


Q.  Do  yon  receive  consignments  of  fish  from  thj  British  Provinces  t- 1 
A.  No,  sir;  I  buy  more  particularly  here,  and  have  been  in  the  habitof 
buying  and  shipping,  .  I 

Q.  Where  doyou  ship  to  chiefly"? — A.  ToBcston,  New  York,  and  Phii] 
udelphia,  and  west  of  that ;  to  Cincinnati  some. 

Q.  Do  you  make  any  foreign  shipments?— A.  No,  sir;  not  of  1 
years. 

.  CLOSE  SEASON.  •        .       , 

Q.  Have  you  any  knowledge  or  information  on  the  subject  of  what! 
is  called  the  close  season  for  mackerel? — A.  I  think  I  have. 

Q.  Will  you  state  ii,  please? — A.  I  think  it  is  the  death  of  snmmerl 
fishing ;  it  was  so  this  year. 

Q.  Will  you  state  why  you  think  so? — A.  Because  they  meet  theml 
south  of  New  York  and  Sandy  Hook,  follow  them  up  with  seines,! 
head  off  the  spawn  fish.  The  large  ones  will  escape ;  they  have  clean 
out  and  left,  and  haven't  rhown  themselves  along  the  coast  from  spring 
until  now,  but  they  have  in  great  abundance  shown  themselves  dowa 
in  North  Bay  ;  there  has  been  an  unusual  supply  there  this  jear;  somi^ 
vessels  have  l-een  very  successful  down  there  in  taking  them. 

Q.  Have  our  vessels  in  the  southern  fishery  at  the  beginning  of  tb(| 
mackerel  season  been  more  numerous  this  year  than  formerly !— A. 
think  they  were  quite  as  numerous,  if  not  more  so. 

Q.  But  they  have  bean  iu  the  habit  of  fishing  when  the  macka 
first  appeared  south  of  New  "iork  for  a  good  many  years,  have  th 
not? — A.  Yes,  sir;  but  I  don't  believe  there  are  fifteen  sail  ol  vessel  oij 
an  average,  out  of  Maine  and  Massachusetts,  in  ten  years,  that  havi 
paid  their  bills  in  that  spring  fishing.  But  the  fact  is  that  after  1 
Ht  home  all  winter  the  crews  become  impatient  and  want  to  get.iwajj 
and  so  the  vessels  are  sent  to  the  south  for  the  early  catch,  bat  I  ai 
satisfied  that  it  would  be  better  for  them  not  to  go.  Take  this  m 
year;  not  10  pe':  cent,  have  paid  theii  bills,  in  my  opinion.  Whal 
fish  they  take  are  poor  then.  The  vessels  break  up  the  schools  andgd 
them  wild,  and  the  most  of  them  that  don't  go  broad  off  will  beforj 
they  get  up  to  tne  Georges  and  Shoals  go  off  and  come  down  below. 

Q.  What  is  the  grade  offish  that  they  catch  first  south  of  ISew  Yorkl-j 
A.  Very  poor,  indeed  ;  No.  3. 

Q.  How  would  thej'  be  graded  in  the  market  here? — A.  No.  3's,ai^ 
very  poor  at  that.  If  the  mackerel  could  be  allowed  to  take  tha 
natural  course  and  come  up  along  Nantucket  and  Cape  Cod  andthejj 
spawn  all  along  undisturbed,  the  increase  would  show  itself  in  twof 
three  years  very  manifestly  both  in  the  quantity  and  in  the  quality. 

QUALITY  OP  PROVINCIAL  FISH. 

By  Senator  Saulsburt  : 
Q.  You  are  in  the  habit  of  purchasing  fish.    I  wanted  to  iciuiretj 
character  of  the  fish  you  buy  that  are  caught  in  the  waters  of  the  J 
minion.    Are  they  a  better  quality  of  mackerel  than  those  caugbti 
our  shores  ?  -A.  I  don't  think  the  Canadian  fish  are  so  good. 


AMEHICAI7   FISHERY   mTEKESTS. 


ur^ 


id  it  is  dangeroas 


Q.  Is  tbe  average  Oanadian  mackerel  a  better  fish  than  those  caught 
l,v  usT— A.  I  don't  think  they  compare  with  onrs  in  quality.  They  get 
ii  (treat  many  poor  flsh  off  the  Provinces. 

Q.  The  reason  of  my  inquiry  is  that  you  stated  that  you  thought 

that  tbe  southern  fishery  deprived  us  of  the  best  flsh,  and  that  the  best 

fish  (lid  not  come  to  our  shores,  but  went  up  ot<  the  Dominion  shores. 

Bnt  iiow  I  understand  you  to  say  that  the  quality  of  the  Canadian  flsh 

i  IS  not  superior  to  the  fish  caught  in  our  waters  ? — A.  No,  sir;  it  is  not. 

j  Those  fish  that  have  been  driven  off  this  year  are  being  taken  now,  and 

are  getting  to  be  a  better  quality  than  they  were  a  month  or  two  ago. 

1 1  have  a  great  many  of  them  that  have  come  from  the  Bay,  and  they 

liave  been  distributed  around   through  the  country.    The  quality  of 

I  late  has  rather  improved. 

By  Senator  Edmunds  :    I  T.: 

Q.  When  you  say  that  our  fish  are  better  in  quality,  I  suppose  you 
j  leave  out  this  early  catch  of  No.  3'8,  and  speak  of  the  catch  later  in  the 
I  season?— A.  Yes,  sir;  later  in  the  season,  when  the  fish  are  around 
jhere  and  are  undisturbed,  they  appear  very  much  better.  Then,  again, 
[being  so  recently  taken,  they  don't  discolor,  as  in  the  North  Bay.  Those 
ish  we  get  there,  if  they  lie  any  length  of  time,  become  dark. 

By  Senator  Saulsbuby: 

Q.  As  a  dealer  in  fish  do  you  in  fact  pay  more,  or  less,  for  fish  caught 
tin  the  Canadian  waters  than  you  do  for  the  mackerel  caught  here  ! — A. 
IWe  pay  very  much  more  for  the  mackerol  caught  here.  I  bought  fish 
Ito  day  and  paid  very  much  more  for  those  that  are  taken  here.  They 
IsoiDetimes  citch  a  few  along  here,  bat  there  has  been  no  supply  what- 
lever.  We  pay  very  materially  higher  for  those  caught  here  this  year 
|than  we  do  for  the  Bays.  , ..     , ,  ! . .     ,   .,.     i  .  :    , 

Q.  Do  you  deal  in  fresh  fish  ? — A.  No,  sir.  * 

By  Senaior  Feye  : 

Q.  As  a  matter  of  fact  I  suppose  there  is  better  feed  on  our  coast 
Kor mackerel  than  on  the  Canadian  coast? — A.  Oh,  yefl. 


TESTIMONY  07  CHABLES  D.  THOMS. 

J       ,  Portland,  Me.,  October  6, 1886. 

CHARLES  D.  THOi^tS  sworn  and  examined. 

By  Senator  Frye: 

[Question,  Where  do  you  live!— Answer.  In  Portland. 
Q.  How  old  are  you  1 — A.  Sixty-three. 

Q.  What  is  your  business  f — A.  Fish  business.  .   ,,■,./     , ;,     , 

Q.  Are  you  the  owner  of  vessels  ? — A.  I  am.  *    ' 

[Q.  How  many! — A.  Nine,  I  believe;  seven  in  the  mackerel  fishery, 

pi  two  shore  fishing. 

I Q.  How  long  have  you  been  engaged  in  shore  fishing  ? — A.  Forty- 

(ree years;  since  1843. 

MACKEEBl,.  WHERE  TAKEN. 

[Q  Where  have  you  during  those  forty-three  years  pursued  the  busi- 
■"^  of  fishing  for  mackerel  ^A.  Mostly  on  this  shore. 


846 


AMERICAN  FISHERY   INTERESTS. 


Q.  What  proportion  of  the  mackerel  taken  during  that  forty-three 
years  have  been  taken  on  our  shore  t— A.  Kine-tenths  of  them. 

Q.  flow  frequently  have  you  been  into  Canadian  waters  for  mackerel!  1 
I  mean  the  waters  off  the  Ganadian  coast. — A.  I  have  not  been  into  the 
Canadian  waters  for  mackerel  before  this  year  for,  I  think,  eight  or  nine 
years  jl  have  had  two  in  there  this  year. 

Q.  Where  did  thoso  two  fish  in  there  this  yearf — A.  In  the  Gulf  of  I 
St.  Lawrence. 

-1  THEEE-MILE  LIMIT. 

Q.  Within  the  three-mile  shore  line? — ^A.  No,  sir ;  that  is,  1 1 
not.    I  instructed  them  not  to  when  they  went.    I  have  a  vesserd'ownj 
there  now  that  cost  me  $10,000. 

Q.  le  it  safe  to  fish  down  there  within  the  three-mile  shore  line  with  j 
purse-semes  ? — A.  No,  sir ;  it  is  not. 

Q.  Could  it  possibly  be  profitable  to  take  mackerel  within  the  three-] 
mile  limit  off  the  Canadian  coast  T — A.  No,  sir. 

Q.  Then  you  have  no  desire  that  your  mackerel  fishermen  shall  be] 
permitted  to  go  inside? — ^A.  No,  sir. 

..  ;  o    ,..,  CODFISH. 

Q.  How  is  it  about  the  codfisheries  f  Where  have  you  fished  for  codl 
during  the  forty-three  years  ? — A.  I  haven't  had  much  to  do  with  cod-I 
fish  during  the  last  number  of  years. 

Q.  When  you  did  ? — A.  My  vessels  are  all  mackerel  catchers,  excepl^ 
some  small  vessels  that  fish  along  shore.  I  have  been  running  theml 
winter  fishing. 

Q.  Where  have  you  pursued  that  ? — ^A.  Off  here.  Last  year  I  ran  I 
La  Have,  on  the  Nova  Scotia  shore. 

BAIT.    '  '  ,,_  V,  ;-- 

Q.  When  you  fished  for  cod  off  the  Canadian  shore  have  you  ha 
any  occasion  to  buy  bait  from  the  Canadians  ? — A.  No,  sir. 

Q.  Do  you  wish  for  the  privilege  of  buying  bait  ? — A.  Not  any. 

Q.  Is  it  worth  anything  to  the  fishermen  of  Maine  to  be  permitted  t| 
buy  bait  there? — A.  I  don't  consider  it  so. 

Q.  Do  you  agree  with  these  other  gentlemen  that  have  testified  tha^ 
in  their  judgment,  it  would  be  more  profitable  if  they  never  went  inti 
Canadian  ports  for  any  such  purpose  ? — A.  Yes,  sir ;  I  do. 

Q.  Do  you  take  your  bait  with  you  from  here  ? — A.  Yes,  sir. 

Q.  What  kind  of  bait?— A.  Salt  bait. 

THE  CASE  OF  THE  ELIZA  A.  THOMS.     '4 

Q.  What  is  the  name  of  your  vessel  that  got  into  trouble  down  there!-| 
A.  The  Eliza  A.  Thorns^  she  is  ashore  in  MaJpeque.  ' 

Q.  Did  she  go  ashore  in  a  storm  ? — A.  Yes,  sir ;  collided  witu  anoth^ 
vessel,  and  they  are  ashore  there.together. 

Q.  That  is  one  of  the  vessels  that  the  insurance  man  (T.  0.  Lewis)  w^ 
speaking  about  ? — A.  Yes,  sir. 

Q.  Do  you  agree  with  him  in  his  account  of  the  impossiblity  of  olj 
taining  divers  down  there?— ix.  Yes,  sir. 

Q.  And  also  that  a  diver  will  be  sent  from  here  ?— A.  Yes,  sir. 

Q.  Have  you  had  any  instructions  of  any  kind  from  Canada  that  yq 
cannot  be  permitted  to  use  a  diver  there  ?— A.  No,  sir.    The  insaran^ 


AMERICAN   FISHERY   INTERESTS. 


847 


L.  In  the  Gulf  of 


I  jgent  tliere  is  doing  the  whole  thiug.  My  vessel  had  140  barrels  uiuler 
jeck,  and  they  got  a  permit  to  land  them.  They  thought  they  were 
joiiig  to  ship  thecQ  homo,  but  when  they  came  to  ship  them  the  author- 
ities would  not  allow  it,  nor  would  they  allow  the  seines  or  boats  to  be 
Lliipped  at  first,  though  they  afterwards  did  give  a  permit  to  ship  them 
Ithroughbyrail. 

Q.  Tbey  seized  them  in  the  first  place  and  put  a  keeper  aboard  ? — A. 
lies,  sir. 

Q,  What  have  they  done  with  the  seines  ? — A.  They  are  coming  home 
I  by  another  vessel.    They  wouldn't  allow  the  mackerel  to  come  by  ves- 

1;  they  will  come  by  rail,  and  it  will  cost  us  85  cents  a  barrel  to  get 
lilieiu  by  rail. 

Q.  Why  would  they  not  allow  them  to  ome  by  vessel! — A.  I  don't 
hnoff.  1  suppose  it  to  be  something  about  allowing  a  vessel  to  go  in 
jtliorc  and  buy  and  re8hii>  materials. 

Q.  Do  theiy  fishermen  have  any  difficulty  of  tha*^^  kind  here  in  our 
[ports?— A.  No,  sir. 

BAIT.  '  "  '  ■'■ 

Q.  Have  they  been  buying  as  much  bait  here  as  they  pleased  this 
jjiiison !— A.  Yes,  sir ;  I  have  sold  them  in  former  years  hundreds  of 
jdoliars'  worth;  I  haven't  for  the  last  three  or  four  years.      ,,    '    ,     ^  , 
Q.  Did  they  buy  a  good  deal  this  season  ? — A.  Yes,  sir, 
Q,  Have  you  any  idoa  how  much  ? — A.  I  should  think  some  0,000  or 
i,0i)O  barrels  altogether. 

FREE  Firi.       /      '    . 


u 


4 


tiJkl 


lore  have  you  ha 


Q.  Do  you  want  a  treaty  with  Canada  by  which  you  shall  be  permit- 
lied  to  buy  bait  there,  and  hire  men,  and  transship,  as  a  price  for  giving 
per  a  free  market  with  us! — ^A.  No,  sir. 

Q.  Do  you  know  anything  that  Canada  can  give  }:o  America  Which 
Joa  would  regard  as  an  equivalent  for  a  free  market  for  Canada  in  this 
fcuntry?— A.  I  don't  know  of  anything. 

[Q.  What,  in  your  opinion,  would  be  the  result  of  a  provision  in  a 
aty  that  should  give  a  free  market  to  Canada  for  fish  in  the  United 
ates  for  fifteen  or  twenty  years  ? — A.  It  would  ruin  us ;  we  should 
lave  to  go  out  of  the  business,  all  of  us.  ,  , 

NATIONALITY  OF  FISHERMEN.  ''  \ 

I Q.  What  proportion  of  the  sailors  employed  in  the  fish  business  hero 

ithe  State  of  Maine,  so  far  as  you  know,  are  American  citizens  ! — A. 

^)bably  in  the  mackerel  fishing  more  than  three-fourths ;  but  in  the 

dishing  probably  there  would  not  be  quite  so  many  ;  perhaps  half. 

[Q.  Do  the  Canadians  who  come  here,  the  young  men,  make  good  cit- 

pst— A.  They  make  smart  men. 

|Q.  They  are  generally  the  more  enterprising  Canadians  who  come 
«, are  they  not!— A.  Yes,  sir. 

[Q.  What  is  the  general  result  when  they  come  over  and  commence 

Tiing  here ;  do  they  become  American  citizens  ! — A.  They  have  to  he- 
me American  citizens  when  they  come  to  taKe  charge  of  vessels. 

IQ.  And  I  suppose  most  of  them  have  an  ambition  to  take  command 

Ive«8el8?--A.  Yes,  sir. 

n  And  as  a  result  do  they  not  become  naturalized  ! — A.  They  do ; 

isir. 


848 


AMEHICAN   FISHERY  INTEBE8TS. 


-.•  .,.,'  ,-.:., \    .,..-'.>,-.    .     DUTY.   ^^-'•^--'■■'''  '■ 

Q.  Yon  are  a  man  of  long  experience  in  this  business  of  fishing;  who 
do  yon  thinlc  pays  the  dnty  on  fish,  the  Canadian,  or  the  consumer!— j 
A.  I  think  the  Canadian  has  to  pay  it. 

Q.  Do  you  think  there  should  be  a  duty  on  frozen  flsh?— A.  Yes,8ir. 

Q.  Why? — A.  Because  they  mix  up  duty  with  everything  weseiidj 
there;  we  can't  ship  any  fresh  flsh  there  unless  wo  pay  duty  onthem.l 

Q.  We  do  ship  some  there  and  pay  dnty,  do  we  not? — A.  Yes,  siri 
our  smoked  flsh  go  there,  and  they  put  such  a  duty  on  us  that  it  costg| 
all  the  market. 

Q.  When  you  ship  flsh  to  Canada  who  pays  the  duty? — A.  Wcbave 
to  pay  the  duty;  that  is,  it  comes  out  of  us.  They  pay  it,  but  itcomei, 
out  of  us;  it  comes  out  of  the  fish.  We  used  to  ship  flsh  to  Canada 
years  ago  when  they  were  free  of  dnty  and  could  make  something  oa 
them ;  but  when  this  treaty  expired  they  pot  such  a  dnty  on  our  fresii 
flsh  that  we  can't  afford  to  do  it  now. 

Q.  That  is,  the  duty  which  you  pay  and  the  price  which  yon  get  foi 
the  flsh  will  not  allow  you  to  do  it  ? — A.  No  sir. 

Q.  Do  yon  know  of  any  country  to  which  we  export  flsh  wbere  then 
is  not  a  duty  against  us  t — A.  No,  sir. 

Q.  You  say  that  to  allow  Canada  to  have  our  markets  free  for  15  ( 
20  years  would  ruin  us;  why? — A.  Because  we  can't  compete  with  beij 

Q.  Why  not? — A.  They  can  furnish  flsh  cheaper  than  we  can. 


CANADIAN  COMPETITION. 

Q.  Why  ? — A.  It  does  not  cost  them  so  much  to  catch  the  fisb. 

Q.  Why  ? — A.  Their  vessels  don't  cost  so  much,  and  catching  fisj 
don't  cost  so  much. 

Q.  Do  they  not  pay  as  much  wages  as  we  do  ? — A.  I  don't  thinit  th6| 
do.    Their  flshermen  are  all  glad  to  come  here  and  flsh  l-icause  th^ 
say  they  can  get  more;  when  they  come  here  they  get  their  cash; 
ha\  e  to  pay  cash. 

Q.  Don't  they  ? — A.  I  understand  they  do  not ;  the  flshermen  tbjj 
belong  there  tell  me  that  they  do  not. 

Q.  Do  they  have  to  take  store  pay? — A.  Yes,  sir;  and  the  salt fiij 
are  cured  and  the  mackerel  are  cured  by  the  women  and  boys. 

Q.  Do  you  know  what  those  women  and  boys  get  ? — A.  I  dou't  lino^ 
but  they  don^t  get  so  much  as  our  men  here. 

Q.  What  do  you  pay  your  men  here? — A.  All  the  way  from  $2  to| 
a  day  for  experienced  men. 

Q.  You  do  not  employ  any  women,  do  you  ? — A.  No,  sir. 

,    ,  ,.     RELATIVE  VALUE  OF  COD  AND  MACKEREL  FISHEKIES. 


By  Senator  Saulsbury  : 

Q.  What  is  the  relative  value  of  the  cod  and  mackerel  fisheria 
Which  is  the  more  valuable  ? — A.  Mackerel. 

Q.  Is  the  aggregate  amount  of  mackerel  taken  worth  more  than  ( 
— A.  Some  years ;  this  year  the  cod  is  worth  more.    But  generally  ij 
the  other  way,  and  there  is  the  most  money  in  mackerel. 


AMEBICAN  FISHERY  INTERESTS. 


849 


FURTHER  TESTIMONY  OF  ORIK  J3.  WRITTEN. 

Portland,  Me.,  October  G,  1886. 

OKIN  B.  WHITTEN  recalled  and  further  examined. 

By  Senator  Frye  : 
Qnestion.  Have  you  information  in  regard  to  the  seizure  of  another 
Portland  vessel? —Answer.  I  have.  .,.,.. 

THE  CASE  OF  THE  GEORGE  W.  GUSHING. 

Q.  What  is  her  name  t — A.  The  schooner  George  W.  Gushing. 

Q.  You  may  state  the  circumstances. — A.  I  saw  the  owner  of  the 
I  vessel  to-night,  and,  by  the  way,  he  is  confined  to  his  house  by  a  severe 

d,  so  that  he  cannot  appear  before  the  committee.    He  stated  that 

;  vessel  went  down  on  the  Nova  Scotia  shore  and  put  into  a  T>lace 
I  called  Sand  Point,  some  ten  miles  below  Shelburne.  Shelburne,  I  be- 
|lieve,  is  a  i)ort  of  entry.    She  got  there  some  time  during  the  even- 

g,  and  two  of  the  crew  left  the  vessel  and  went  on  shore.  It  hap- 
Ipened  tiat  the  Terror,  Captain  Quigley,  was  there,  and  he  boarded  the 
Ischoouer  in  the  night  and  ordered  her  up  to  Shelburne.  At  Shelburne 
lilt  placed  her  alongside  the  wharf,  chained  her  to  the  wharf,  and  there 
Ibekept  her  some  ten  days,  and  they  paid  a  fine  of  $400,  and  she  was 
lieleased.  The  vessel  came  home,  the  trip  was  broken  up,  and  the  crew 
|;ot  dissatisfied  and  disheartened.    That  is  all  that  trip  amounted  to. 

Q.  What  did  she  go  in  there  for! — A.  I  think  ho  told  me  that  it  was 
jlheir  intention  to  go  in  there  for  bait.    They  had  the  impression,  from 

rtatthey  had  heard  from  time  to  time,  that  they  had  the  right  to  enter; 

)Dt  still  she  didn't  go  in. 

Q.  She  had  not  done  anything  and  had  not  obtained  anything? — A. 
jHadu't  done  or  obtained  anything,  only  two  of  the  crew  had  gone 

inliore. 

J      /CASE  OF  THE  C.  B.  HARRINGTON.  <*?  • 

Q.  Was  there  another  Portland  vessel  seized? — A.  One  called  the 
p.  Earrington  was  seized  about  the  same  time,  and  I  know  that  she 
aid  a  fine  of  $400. 
Q.  Do  you  know  what  she  did  ? — ^A.  I  think  she  bought  some  bait. 

(j  Do  you  know  of  any  other  Portland  vessel? — A.  Those  are  the 
Ny  ones  I  know. 

i  *j.  Other  than  those  that  have  been  mentioned  ? — A.  That  is  all. 
I Q.  Tlie  owner  of  the  George  W.  Gushing,  with  whom  you  had  the 
Ptervicw,  was  not  able  to  come  here  on  account  of  sickness  ? — A.  He 
p  not  ahle  to  come  on  account  of  suffering  from  a  severe  sore  throat 

Icold. 

S.  Ex.  113 54  '  ^    " 


•    ?• 


-y    A 


;>.. 


APPENDIX. 


Letter  from  thk  Collector  of  the  Pout  of  Boston,  with  AnswkrstoQces-J 
tion8  submittkd  in  writing  by  thk  subcommittke. 

•  '  ^  ■^"    ,'  '  "    '     ■  ■  CusTOM-HouBE,  Boston,  Mass., 

Collector's  Office,  October  5, 188C. 

Sir  :  With  further  rofurenco  to  your  letter  of  the  28th  ultimo,  I  liave  the  honor  toj 
transmit  with  this,  in  response  to  your  request,  the  following  described  statements.- 

A. — Replying  to  inquiries,  (I)  Tne  whole  numher  of  vesstHs  licensed  at  this  port 
since  January  1,  1885,  for  the  flshinc  trade;  (2)  The  aggregata  tonnage  of  thesames 
(3)  Whether  any  of  them  are  propelled  by  steam. 

A  note  is  added  to  this  statement  in  reply  to  your  third  inquiry,  that  the  licenses  issnei. 
were  exclusively  to  sailing  vessels.  Also,  reply,  in  part,  to  jsrour  sixth  inqniry,  thaj 
it  is  estimated  that  not  exceeding  6  of  the  vessels  licensed  for  the  fisheries  had  p«N 
mits  to  •'  touch  and  trade,"  and  that  there  wjre  not  any  other  trading  papers  issuei" 
to  such  licensed  vessels. 

B  and  C. — Replying  to  inquiries,  (4)Tbe  whole  number  of  vessels  cleared  fromtliij 
port  for  ports  'u  the  British  North  American  Provinces  from  January  1, 1885  to  Sep 
tember  30,  188b ;  (5)  American  and  foreign  vessels,  separately,  class,  number,  and  ton 
nage  of  each  class,  and  whether  in  ballast  or  with  cargoes ;  (6)  None  of  the  mcrchai 
vessels  named  in  statements  B  and  C  had  fishing  licenses. 

D. — Replying  to  inquiries,  (7)  The  total  number  of  pounds  of  fresh  fish  import 
into  this  port  from  the  British  North  American  Provinces  January  1, 1885,  to  Septea 
ber  30,  1886.  There  were  no  duties  assessed  upon  fresh  fish,  excepting  upon  fred 
sturgeon,  as  such  fish  are  not  for  immediate  consumption  in  the  condition  in  whici 
they  are  imported.  (8)  The  total  number  of  barrels  or  pounds,  respectively,  of  picklj 
or  salted  fish  imported  f^om  the  same  ports  during  the  same  time,  with  the  amoni( 
of  duty  to  which  the  several  classes  were  subject. 
Very  respectfally, 

.      •  ;,;:::.>;  L.  SALTONSTALL, 

Collector,  i 

Hon.  Geo.  F.  Edmunds, 

Chairman  United  States  Senate  Committee,  ^o.,  ,^  - 

Tremont  House,  Boston. 


''''-'  ■^■''  ■'•'""■    v,-?'/"  •;''■',;'";■  "-"^ -J.  CusTOM-HouaE,  Boston,  Mass., 

'       '.  -  Collectm^sO^ce,  September '^,\^\ 

Vessels  licensed  at  the  port  of  Boston  for  the  "fisheries"  Jrom  January  1, 1885,  toild 
,5 .  -,  including  licenses  renewed  in  1886. 


BoIongiii<;  in  tbia  caHtotns  diHtrict  ... 
Belonging  in  other  cuatonia  districtA  . 

Total 


No. 


9i 


I  09  I  4,1 


Toaiu 


All  sailing  veasels. 


It  is  estimated  that  not  exceeding  6  of  the  above  vessels  had  permits  to  "toj 
aiil  trade."    There  svero  not  any  other  trading  papers  issued  to  the  above  vesfi' 

85J 


AMERICAN    FISHERY   INTERESTS. 


851 


..;  I  ,;-j. 


■1 


CusTOM-HousE,  Boston,  Mass., 
Collector's  Office,  Septembir  30.  1886. 


KR8  TO  QtR8-| 


,  Mas»., 
tohtr  5, 188C. 
re  the  lionor  t 
)d  Btat«ment«:| 
d  at  this  port 
'6  of  the  same } 

jliceiiBesissneu 
ll  inquiry,  thalj 
ilieries  had  perf 
g  papers  issuw 

learedfromthij 
^  1,1885  to  Sepi 
umber,  and  toa 
of  the  mcrcbar 

lb  fish  import 
1885,  to  Septea 
ting  upon  fre« 
idition  in  wliid 
tively,  of  pickl« 
with  tiie  amouil 


)NSTALL, 
ColMor.  I 


JON,  Ma88., 

ttember '30,1886,1 
Ll,1885,(oW 


No. 

TOSBl 

92 

'! 

'm 

^ 

.emits  to  "to 
a  above  vcsm'S 

850 

fmtli  cleared  from  the  port  of  Boston  for  the  lirUish  North  Amerioan  Provinces  from 

January  1,  1885,  to  date. 


ClanR. 


imerican ; 
jiteamors . . 

Ships 

liirks 

Brie« 

Sohooners . 
Sloops 


Total  American  , 


I  Foreign : 
Steamers  . . 

Sliips 

lljrkn 

Brigs 

Schooners  . 
Sloops 


Total  foreign . 


In  ballast. 


A'o. 


16 

351 

10 

m 


16 

4 

45 

08 
1,073 


1,236 


Tonnage. 
428 


4,491 

5,eoe 

66,601 

170 

"77i^40e 


16,  902 

6, 353 

14,867 

16,111 

110,  659 


169,892 


Wltb  cargoes. 


Xo. 
158 
1 
1 

4 

42 

1 


Tovnaot. 

180, 7J7 

1,008 

830 

1,818 

6,787 

17 


207       130, 217 


158 


17 

80 

1,061 


1,822 


01,211 


5,'B40 

14,481 

103,613 


185, 051 


Totols. 


A'o. 

IfjO 

1 

10 

20 

803 
11 


694 


Tonrtagt. 
13),H'> 

1,008 

4,761 

7,124 

72,  »08 

187 


216,713 


174 
4 

62 

184 

2,134 


2,658 


77,  l|:i 

0,  !t.^:i 

20,613 

30,  (IO,i 

220,  '.-^ 


364,043 


:  '•    -my.---,   ■>:< .:  ■;  y~;^        RECAPITULATION. 

t- ,  . ,          '. 

■  ''t' 

-,    i  '■  .    ,    '■ 

Iwricw  vessels , 

387 
1, 286 

77,406 
100,892 

207 
1,322 

189, 217 
185,051 

604 
2,658 

210,713 

354, 0^3 

Total 

1,623 

247,888 

1,620 

324,268 

8, 1.52 

671, 636 

Kooe  of  the  above  had  fishing  licenses. 

D. 

■■•      ■ 

,/•'.■;  V  -•  • 

--.  .M_"    >. 

1      :_  ,; 

'."     •  •  " 

hforlations  of  fish  from  the  British  North  American  Provinces  into  the  customs  district  of 
Boston  and  Charlestown,  January  1,  1885,  to  September  30, 1880. 

[All  of  the  flsh  subject  to  duty  wore  imported  since  July  1 ,  1885.  ] 

Kinds. 

Free  of  duty. 

ijubiect  to  duty. 

ICate  of 
duty. 

Amount 

Quantity. 

Value. 

Quantity. 

Value. 

ofduty. 

iMh  salmon ponndx.. 

HI  other  kind  of  fresh  flsh, 
PWDds 

301,884          $26,351 
2, 731, 003           02  200 

' 

feters,  cauned,  preserved, 
pouiida 

274, 348 

87,  230 

22, 804 

47, 182 

113,862 

8,190 

ji  haddock,  hake,  and  pd- 
wt  dried,    smoked    r.r 

I'ftled pounds.. 

BTini;; 

Dtied,     or     smoked, 
ponnds 

2, 971, 822 

1,786,750 

1.5,707 

19,280 

687 

0, 558, 330 

2.  COS,  440 

20. 652 

50,  326 

2,843 

1,010 

$155, 844 

54, 370 
90, 118 
3.52, 703 
3.-.,  227 
5,693 
48,  855 

i  c  per  lb. 

i  c.  per  lb. 
$1  per  bbl. 
$2  per  'jbl. 
$2  per  bbl. 
$1  per  bbl. 
Ksttmated 
at  25  per  o. 

$32, 791 
in  o''7 

,  ficliled barrels.. 

Werel,  pickled.... do.... 

WD.  pickled do.... 

*»ive4 do.... 

20, 652 

112,032 

5, 686 

1  010 

i*r —          •• 

lUO,  308 

]'i  214 

Tolal {pounds.. 

J  bari'els.. 

7,691,459; 
35,  680$ 

742, 535 

5  9,163,785> 
\        .«?,731) 

742, 816 

204,032 

« 


^:i 


1 


m  U'[ 


,.,iL^„> 


852 


AMERICAN    FISHERY   INTERESTS. 


Letter  from  the  Collector  of  the  Port  of  Portland,  Mb.,  with  Answerj 
TO  Questions  in  Writing  Submitted  uy  the  Surcommittee. 

'  Custom-House,  Portland,  Mk., 

'  ••  Collector' 8  Office,  October f),\siiii. 

Sir:  Iliavo  tbe  honor  to  iickiiowlodgo  llio  rocoipfc  of  your  communication  o(  the 
Gtb  inHtantroqnestiug  intbrmation  on  matters  having  rolerouce  to  the  "  Fisheries (inos- 
tion,  &c." 

Horeivith  I  respectfully  submit  answers  to  your  inquiries  in  the  order  and  numb*r 
in  which  you  i)ropound  them,  viz  : 

First.  "  The  whole  number  of  vessels  licensed  at  this  port  since  January  1, 1885,  to 
this  date  for  the  fishing  trade.'' 

Answer.  One  hundred  forty-nine. 

Second.  "  The  aggregate  tonnage  of  the  same." 

Answer.  Seven  thousand  live  hundred  and  sixty-nine  and  ninety-Hcveii  one-liiiii- 
dredths  gross,  6,98U.G2  net. 

Third.  "Whether  any  of  them  are  propelled  by  steam," 

Answer.  Three  propelled  by  steam ;  478.21  gross  tons,  290.81  net  tons. 

Fourth.  "The  whole  number  of  vessels  cleared  from  this  port  for  any  of  the  ports 
of  the  British  North  American  Provinces  since  the  same  date." 

Answer.  Forty-eight  American  and  293  British  vessels. 

Fifth.  "The  chamcter  of  said  vessels,  respectively,  whether  steam  or  sail ;  as  to  the  | 
sailing  vessels,  the  kind  of  craft  and  the  total  tonnage." 

Answer.  The  American  vessels  cleared  were  engaued  in  the  foreign  carrying tradi", 
and  were  sailing  vessels;  total  tonnage,  12,341.    The  British  vessels,  part  of  them  1 
engaged  in  bringing  ijsh  to  this  market,  fresh  and  salt,  and  returning  witii  ballatti 
only,  and  part  of  them  bringing  lumber,  plaster,  and  coal,  and  returning  in  bailast.i 
These  were  all  sailing  vessels,  schooner  rigged ;  tonnage,  36,059.  ] 

Sixth.  "  Whether  any  such  fishing  vessels  bad  also  trading  papers  of  any  kind, j 
either  regular  clearances  or  other,  and  whether  any  of  such  merchant  vessels  budfi.-li-j 
ing  licenses."  I 

Answer.  Seven  vessels  licensed  for  the  fisheries  took  a  permit  to  "touch  and  tradp,"! 
but  no  clearance  or  other  papers,  except  usual  enrollment  and  license  of  vessel.  Thel 
date  and  names  of  the  vessels  taking  "  permits  to  touch  and  trade"  within  th  i  iHtiddj 
named  are  as  follows,  viz :  January  1, 1885,  schooner  Rozella ;  August  7, 1885,  sehoonfrj 
J.  W.  Bickford;  Jauuary  11,  1886,  schooner  Forest  Maid  ;  May  15,  schooners  Georj^el 
W.  Pierce  and  Gertie  May ;  May  27,  schooner  Anni(«  Sargent ;  June  7,  1886,  schooDer j 
Lilla  B.  Fernald. 

Seventh.  "  Tne  total  number  of  pounds  pf  fresh  fish  imported  into  this  port  (luring 
the  same  time,  with  the  total  amount  of  duties  paid  thereon." 

Answer. 


"■'■'■■•■'■ 

Descripllon. 

Quantity. 

Duty. 

Cod 

ponnds.. 

12,028 

30,000 

75 

1,400 

20,880 

193, 700 

2,806,713 

427,000 

Free. 

Do. 

Salmon . 

_ 

Do. 

Halibut 

Do. 

do.... 

Do.    , 

Livo  lobstoTs... ....... 

Canned  lobRters 

ponnds . . 

Do, 

__. do 

Do. 

i)ty-Hoven  one-bim- 


am  or  sail ;  as  to  the 


into  tbis  port  (luriiij 


AMERICAN   FISHERY   INTERESTS. 


85:; 


Eighth.  "Thetotalniiiiiix^rofpouuds  of  salt  fish  imported  from  tlie  same  provinces, 
iritbthn  total  amount  off  .ty  tbernon,  together  with  a  statement,  so  far  as  practica- 
ble, of  the  '.  ariouH  kinds  of  lish  of  each  class." 

Answku. 


DeacriptioD. 


Driwi  herriiiK 

Cod,  «»lt<>d 

Dried  fl«li  (klnil  uot  onumerated) 

silooD,  cnniioU 

ll«kerel,  cuiined 

liming,  salted 

pollock,  dried 

Cod,  dried 


Quantity. 


Pound*. 

7,750 

21, 696 

803, 233 

1,728 

3,120 

824,766 

71,786 

177, 057 


Duty. 


Froe. 

F'fio. 
'$4,015  in 
•:)«  'a 
*ii  i:> 

*l,  623  7H 
*358  6H 
•885  29 


*  TTnder  old  treaty. 


I  am,  very  respectfully, 


SAM.  J.  ANDERSON, 

Collector. 


Hon.  George  F.  Edmunds, 

fj,  8.  Senate,  Chairman  Subcommittee  to  Investigate  Fiaherien,  <Jc., 

Burlington,  Vt. 


I SUIISTICA  AND  OTUER  INFORMATIOX  SUBMITTED  TO  TUE  SUBCOMMITTKE  BY  JaMKS 

OiFFORD,  Esq.,  Deputy  Collector  at  Fbovincktown,  Mass.,  ix  Connection 
WITH  HIS  Testimony. 

FISHING  bounties.  ,        V.     . 

"The  act  45,  chapter  18,  authorizes  the  payment  of  a  sum  of  $150,000  as  an  aid  to 
deTelop  the  sea-fidheries,  to  jmcouraKO  the  building  and  fitting  out  of  improved  fish- 
ing craft,  as  well  aa  to  ameliorate  the  condition  of  the  fishermen.    This  grant  is  to 
I  be  expended  under  regulations  of  the  governor  and  council,  and  in  such  install- 
Imntsas  may  be  directed  in  each  year. 

I  "An  order  in  council,  adopted  11th  of  December,  181^,  provides  that  (1)  Cana- 
\im  fishing  vessels  of  10  tons  and  upwards,  which  have  been  engaged  in  the  sea-fish- 
|si«  during  a  period  of  three  months,  shall  be  entitled  to  a  bounty  of  $2  per  ton  up 
I  lo  60  tons,  one-half  of  said  bounty  being  payable  to  the  owner  and  one-half  to  the 
Imw;  (2)  Canadian  fishing  boats  which  have  been  engaged,  in  the  sea-fisheries  dnr- 
liig  a  period  of  three  months  and  caught  uot  less  than  2,500  of  sea  fish  per  man,  ex- 
jdmive  •  *  »  shall  be  entitled  to  receive  a  bounty  at  the  rate  of  $2.50  per  man, 
Ine-fifth  being  payable  to  the  owner  or  owners  of  the  boat,  and  four-fifths  to  be  di- 
jiMed  equally  Detween  the  men." 

I  The  ahove  order  relating  to  boats  was  superseded  by  another  ordev  in  couacil, 
IpwdMay  2, 1883,  doubling  the  payments  to  boats,  i.  e.,  making  the  bounty  $5  7)er 
|uii,boat  fiaherman,  and  that,  so  far  as  I  am  informed,  is  the  amount  now  paid.  The 
ItMtmast  have  not  less  than  14  feet  keel  to  entitle  her  to  the  bounty. 

Under  foregoing  provlsiouB  there  was  paid  in  1873 — 

;e  of  vessels,  27,611  ton,  786  vessels $54,975  50 

of  11,225  boats 117,309  97 


172,285  47 


85t 


AMEBICAN    MSIIERY    INTERESTS. 


Toinl  annual  ta/ui  o/   Dominion  Jlslmiet   and  avwunt  of  $ame   imported  into  Cmldl  ^H  ^'''•^'""'^'' ^' 


Years. 


1872. 

1H7I 

1675. 

1H7U 

1877. 

1878 


Total 
product. 


|7,  ft.12, 2(10 
10,  7S4,  BOri 
10,811,  lll> 
10,  751,  UOrt 
10,  ;i47,  8H0 
11,147,6110 
12,  029,  9.'>7 


ImfMrtcd. 


|1, 020, 081 

1,  ;<ou,  uoo 
i,7o:i,  so:i 

2,  l.W,  KiO 
I,U4H,11M 
1,400,730 
a,  252, 400 


To»n. 


isro. 

1880. 
1H81. 

1882. 

18m;i  . 

1884. 


Tolftl       , 
prodaol.      ""portdl. 


$13,215,078  1 
18,M'»,2S4 
IS,  817, 102 
10,  8'.'4, 002 
16,,1M8, 103 
1V,832,7J1 


i,mi,:mI 

2. 1:18,  UK]  I 

:!,IHe,4«jI 
2,«71,ll3l 

5,6M,W7| 


1881  ♦17,U172|| 

Deduct  1872 7!5^J  ' 

Leaving 10,320^ 

IncreaHO  of  product,  and  a  n»,\n  or$(,013,.')06  in  importallnns  of  flnh  litto  the  ITnUod  Rtaton. 

Abovo  Is  cumpllei!  from  United  States  ri-portson  Commerce  and  Navigation  and  fiuni  Canadian Got.| 
ernment  roportH  on  lldhories. 


List  of  fishing  vesselt  to  which  were  granted  ^'permits  to  touch  and  trade"  in  the  diitrid  (j^ 
Barnstable,  Mass.,  during  the  year  1886. 

137  vesaclg.] 


Name  of  vessel. 


Louisa  A.  Oront.' 

Arequippa 

LottrtUell 

HellBnrtlott 

Jesaio  T.  Mathniton  . . . 

( ieorgie  I>.  Paine 

Mar.v  K.  Nason 

Pearl  Nelson 

IScbecca  R.  Nickersou 

AllieR  Dyer 

Kiicephalus 

Gertrude 

Clara  L.  Sparks 

Minnesota 

KastWind 

Teresa  1).  Baker 

Isaac  Keene 

John  A.  Hatheson  — 
Grace F.  Littleton.... 
tiamuelOber 


Cfosa« 

toiui»8«. 


155. 77 

71.  Q9 

06.10 

75.62 

187. 74 

108.19 

108.  34 

123. 10 

130.  M 

00.48 

60.01 

72.27 

101.47 

62.  7< 

07.20 

87. 23 

77.76 

154.42 

;60.42 

07.66 


Name  of  vessel. 


Millie  Washbnm 

Charles  F.  Atwood  .. 

Frank  O.Rich 

Nellie  M.  Snow 

Newell  11.  llawos 

Chas.  R.  WashiDgton 
Nannio  E.  Waterman 

H.  W.  Pierce 

Hiehland  Light 

Kddie  Uavidaou 

Nathan  Cleaves 

Gertrude  Summers  .. 

Pleiades 

Walter  L.  Rich 

Carrie  G.  Crodhy  — 

C.  A.  Sauford 

Clara  S.  Cameron 

Tota'. 


ftrou  { 
toimtgeb 


Til 
69.1 
105. 1 
04.1 
W.I 

'M 

T9.f 

82.1 
79.1 
64J 
»i( 
7&I 
'0.1 
0.1 
11)4.1 

3^ 


\  Hit  of  vessels  lioei 


List  of  vessels  in  the  district  of  Barnstable  engaged  in  the  "  whale  fishery,"  1895. 

[12  vessels.] 


Name. 


Aeate 

Alcyone 

Antarctic  ..  .. 

Baltic 

Bloomer 

1).  A.  Small.... 
Ellen  Rigpath. 


Class. 


Schooner . 

...do 

...do 

...do...., 

...  do 

BrlR 

Schooner . 


Gross 
tonnage. 


.  81. 00 
92.22 

100.60 
84.26 
73.82 

119.  82 
66.77 


Name- 


Gage  H.Phillips... 
Mary  G.  Cnrran  . . . . 

Qnickstep 

KisingSnn 

Wlllibffl  A  Grozler. 


Total. 


Class. 


Schooner 
...do.... 
...do.... 
...do.... 
...do.... 


AMERICAN   FISHEEY   INTERESTS.  865 

Uni  cftmdt  (under  liO  toni)  Ikented  iH  the  dUlrkt  of  HaniBtablc  ainue  Janmrji  I,  18ti5, 

for  th«  "Jlthing  trade." 


[48  veaseU.] 


Nkine. 


iipitn»W.T«tM. 

fcwtljaeen 

Jnephlne ■ 

Kirf  Williami 

Jthooliilrl 

Crrie  E.  Tyler 

Lit!  I«  Jennie 

tojliglit - 

bind  Belle 

Onid  Boone ■ 

Itef  nee  IVarl 

InLendall 

UttleUeMle 

fioderer 

IiryJane 

G»j  Eagle.... 

Ib^  William* 

Stttilm 

IriiaTarr 

Iioea  L.  Biightraan  . 

Pmther 

Hilt 

I  liuiePhilllpa 

BirrrMonteil 

Wm.'U.  David8on...c 


Cloaa. 


fllnop 

Hchiioiier  . 

Steamer  . 

Hchooner . 
....do 

Rloop 

Soboonar , 

...  «lo 

....do 

....do...., 

....do  

....do 

Hlnop 

Schooner . 

....do 

....da 

....do 

....do 

Sloop 

— do 

Rcliooner  . 

Sloop 

Bchooner . 

....do 

....do 


Oroaa 
toDiuge. 


Ida 

8.74 

13.83 

ll.ftS 

0.08 

7.58 

12.20 

10. 25 

10.13 

IS,  04 

10.02 

12.10 

0.02 

&18 

6.08 

15.84 

12.11 

0.04 

10.60 

ia28 

12.82 

12.90 

14.12 

0.49 

10.40 


Name. 


Nellie  K 

Molroae , 

Mala 

(/'naalfi 

Itivalve 

I'outlao 

Clytlo 

Franklin 

Sea  Fonn* 

lied  Kovor 

John  W.  Smart 

EUzaA.Wt-st 

nenrvCole 

Whistler 

Lnrlino 

ArthurH 

Delia 

O  Thoy  Know  Me . 
"Willium  K.  I-ewlB  . 

Amelia  Powell 

Luther  Eldrldse  . . 

Star v.... 

Woverly 


Clua, 


Total. 


Sloop ..... 

...do.... 

....do.... 

...do... 

Schooner 

...do.... 

,...do.... 

..do... 

...do.... 

Sloop 

Schooner . 
...do...., 

...do 

...do 

Sloop 

...do 

Schooner . 

Sloop 

Schooner  . 

Sloop 

Schooner . 

Sloop 

...do 


Oroaa 
tonnogo. 


10.76 

11.00 

S.86 

0.45 

laxi 
o.en 

lt>.8<. 
10.07 
10.60 

0.02 
ie.4t 

0.42 
16.01 

0.84 

6.11 
1&04 
10,34 
10.27 
i&81 

0.33 
16.24 
10.22 

7.40 


560.01 


I  Uitofvmeh  licensed  in  the  district  of  Barnstable  since  January  1,  1885,  for  the  "fishing 

trade." 

[Hi  veaaeh.] 


Name. 


llic«  Raymond 

(liiTer  Cromwell 

iPktlomiuaManta..... 

SiDg  Cloud 
orido 

I  fillio  L.  Swift 

I  Aid  Eliza , 

I  Irrtie  and  Uelmar 

filUe  Irving , 

I  B^tle  and  Lottie  .... 
I Ciin S.Cameron  .... 

l('.A,Sanford 

I  Smtilna 

I  Cbirlotte  Brown , 

I  Iiuc  Somes 

lEfliecoaJ.  Evans 

Mie  T.Campbell... 
I  Iile  Florenco 

UlaE.  Wilbur 

I W  A.  Upton  : 

IlitiiLinwood 

Iliokalita 

Iron  Temple 

|ll.ltL.Clja8e 

[In  A.  Stetson 

IhiH.  Pervere 

I  hrtinde  Summers . , . . 

IJitiChapiu 

I  Wfc  Davidson 

I  Jbkie  Frank  ford 

I  «iinle  E.  Waterman  . 

I  "liter  L.Rich 

Itoie  Smith 

IJmccB.nmer 

IJnkG.Kicb 

I  JUkan  Cleaves ... 

I'm  A.  Kewcomb . . . . 


Class. 


Orois 
tonnage. 


Schooner  . . .  | 

....do I 

...do 

...do I 


..00  . 

..do. 
.do. 
..do, 
..do. 
..do. 
.do. 
..do. 
..do  . 
..do, 
..do, 
..do. 
..do. 
..do. 
..do. 
..do. 
..do. 
.do. 
.do. 
.do. 
.do. 
.do. 
.do. 
.do. 
.do. 
.do. 
.do. 
.do. 
.do. 
-do. 
.do. 
.do. 
.do. 
.do. 


60.37 
63.  C7 
60.52 
50.50 
58.20 
100.68 
58.43 
7&42 
74.69 
101.44 
104.46 
85.68 
40.58 
83,61 
8C.ei 
68.31 
78.29 
57.58 
102.  04 
105. 25 
58.20 
63.90 
01.83 
52. 59 
41.07 
65.18 
98.31 
64.41 
36.92 
82.08 
70.50 
7a  76 
79.75 
77.21 
104. 44 
105.50 
79.93 
09.49 


Name. 


n.W.  Pierce 

Carrie  G.  Crosby 

Highland  Light 

Nellie  M.  Snow 

Efflo  T.Kemp 

Chas.  R.  Washington. 

Cora  Morrison 

Bdward  \lic\i 

Ocean  Kangcr 

Waldron  Holmes 

A.  Lincoln 

Gen.  Scott 

Vandalta 

John  M.  Fisko 

Millie  Washbnm 

East  Wind 

EllioB.  Dyer 

KellBartlett 

Ereddie  W.  AUton 

LottioBell 

LizzleColby 

Starr  King 

Mary  E.  Mason 

Oortrude 

ChaDticleor , 

AdaK.  Damon 

Teresa  D.  Baker 

Isaac  Keene 

Freeman 

Bwu.  F.  Rich 

Arthur  Clifford 

Spring  Bird 

G.  W.  Bentley 

Charley  F.  Mayo , 

Leading  Breeze 

Ella  May 

Gracio  M.  Parker 

WilUo  A.  McKay 


Class. 


Schooner . 
— do  ..... 

...do 

...do 

...do 

...do 

...do 

...do 

...do...., 

...do 

...do  — 

...do 

...do 

...do 

...do 

...do 

...do 

...do 

...do 

...do 

...do 

...do 

...do 

...do 

...do 

...do 

...do 

...do 

...do 

...do 

...do 

::t::::: 

...do 

...do 

...do 

...do 

...do  ...•. 


Gross 
tonnage. 


78.91 
68.  ai 
02.84 
64.56 
62.04 
70.04 
88.80 
74.  0 
67.20 
60.08 
40.76 
65.06 
62.76 
80.76 
74.23 
07.20 
00.48 
75.62 
80.21 
66.10 

150.43 
63.95 

108.84 
72.27 
60.84 
04.22 
87.23 
77.70 
93.  55 
08.84 
84. 55 
80.02 

113.  IS 
82.31 
69.51 
00.44 
8L58 

160. 63 


m 

1  f 

1 

ii 

i 

856  AMERICAN   FISHERY   INTERESTS. 

lAet  of  veateU  Uoenecd  in  the  district  of  Barnaiable  tince  January  I,  18a>-Continuod 


Kune. 


G  jorgie  D.  Paine 

PearfNelBon 

NelHoSwift 

EUen  A.SwIfb 

Carrie  C.  Miles 

Florence  

Wenonah 

William  Matheson 

•TohnM.  Bull 

Bacepb^uA 

Epinia  A.HlgKlns 

Carrie  "W.  Clark 

Edith  Mclntyre 

Hatt'e  D.  Linnell 

EminaF.  Chasi^ 

Lettio  S.  Hawes 

Geneva  Mertis 

Florine  F.  N'ckcrson 

Leander  F.  Ooald 

Prinoo  Leboa 

Edwin  A.Grozlor 

D.  "W.  Hammond 

A.  S.  &  K.  Hammoud 

Willie  Lincoln 

Lettie  Linwood 

6e J.  A.  Lcland 

ifiunioe  P.  Nowcomb 

Ed  -a.,!  n.  Norton 

Lizi,:oD.  Barker 

Nil  Deitperandnm 

MaryB.  Whorf 

Addle  F.Colo 

A'.ceP.  HiijKins 

Newel  B.  Hawes 

Beivjaroln  Olicer 

Lizzie  Willlamo 

Lncio  M.  Jenkins 

Pleiades 

Chas.  F.  Atwood 

Maria  Webster 

Tidal  Wave 

Willie  A.  .Towell 

Ci-ystnl  Wavo 

Stowol  Sbermnn   

Joseph  A.  Manta 

Emma  J.  Gott 

Minnie  F.  Paine 

Luoknow  

Freddie  Walter 

Areqnippa 

Winged  Arrow. 

Loolsa  A.  Grout 


ClMS. 


Schooner . 

...do 

...do 

...  do 

...do 

...do 

...do 

...do 

...do 

...do 

...do 

...do 

...do 

...do 

...do 

...do 

...do 

...do 

...do 

...do 

...do,.... 

...do 

...dc 

...do 

...do 

...do 

...do 

...do 

...do 

...do 

...do 

...do 

...do 

...do 

...do 

...do 

...do 

...do 

...do  .  — 

...do 

...do 

...do 

...do 

...do 

..tdo 

...do 

...do 

...do 

...do 

...do 

...do 

...do 


Gross 
tonnage. 


168.  :io 
123. 16 
134.29 
131.02 
106.60 
63.65 
65.  U 
111.07 
86.54 
69.91 
94.18 
130. 46 
160.17 
84.40 
e.>.3C 
32.  OS 
44.04 
6.5. 58 
70.85 
66.30 
.15.07 
59.40 
60.96 
24.25 
68.29 
00.01 
108.  ei 
56.51 
75. 0.? 
70.87 
it4.83 
70.80 
01.93 
80.31 
78.00 
60.71 
?3. 33 
82.08 
69.82 
58.15 
53.74 
70.63 
37.12 
02.49 
70.26 
56.20 
29.49 
56.53 
82.40 
71.75 
68.85 
165.77 


Kame. 


Ethel  Swift 

Chas.  H.  Hodgdon 

Sarah  R.  t»inith 

Willie  Erdix 

M'nnnsota 

J.  E.Bowly 

Saml.  Ober 

Edich  Linwood 

Jessie  T.  Matheson 

John  Simmons 

Franklin  Woodruff 

Clara  L.  Sparks 

Lottie  Byrnes 

Benj.  F.  Crocker 

Cora  Hay ,. 

Klcbard  S.  Newoomb. . . 

MaadB.  iVitherell 

LeonS  SvMft 

Emma  O.  'Cnrtis 

Blondell 

Kelteccs  K.  Nlckerson  . 

Alice 

EUftF.Long 

O.  M.  Hopkins 

Lcngtrood 

Alicj 

GranI.T  H.  Benson , 

John  A.  Mathiison 

A.  Paine 

Anna  R.  Kemp 

Frank  Bntler, 

William  H.  West 

Lizzie  W.  Matheson  . . . 

John  Somes 

Mary  Eva 

Mary  Snow 

Grace  F.  Littleton 

Carrie  D.Allen 

Mary  Steele 

Ha|!gle  Mitchell 

Fred  and  Lhner...' 

Che  J.  McDonald 

Zephyr 

Grenada 

Clyde 

Daniel  Webster 

Maria  Webster , 

L.O.  Foster 

Adeline 

Angelia  B.  Nickerson . . . 


Claas. 


Total, 


Schooner . 

...do   .... 

...do  

..  do 

...do 

...do 

...do 

...do 

...do 

...do 

...do 

...do 

...do 

...do 

...do 

..  do 

.  ..do 

....do 

....do 

....do 

....do 

....do  

— do 

...  do 

...do 

...do 

— do 

— do 

....do   .... 

....do 

....do 

...do 

....do  

....do 

...do 

— do ..... 

....do 

...  do 

— do , 

....do 

....do 

...do 

...do 

....uu 

...do 

...do 

...do 

...do 

...do  

Steamer.... 


GroM 
tonnt;e. 


141.  IS 

II?  32 

(i9«0  i 

35.2; 

62  76 

70.16  j 

67.M  j 

170.74  , 

137.74  j 

70,20 

130.33 

10L47 

»7.03  I 

73.51  , 

1C5.75J 

69.06 

107, 99  j 

15.5.(10] 

64,721 

ClfJ 

136.551 

8&8l| 

07,95 

73.611 

35.74] 

89.  .54 1 

03.191 

1,54,431 

55,371 

163.90] 

74,55f 

(tlMi 

lm.521 

65.0^ 

6L<| 

7v.J 

m4f 

151.6 

V9.i 


67.5 
48.9 
5171 
28,  ul 
24.11 
53,  l| 
35,21 
43.5 
4a  2 


Apfsoximate  St 


Total  number  oj 

Meries,  425. 

One  huK'lrod  ai 

ud  23  in  other  fie 

iDNewFD/^vandsl 

m  only  2C  umcke 

forty-two  vessel 

lively  on  these  bai 

One  hundred  au< 

tiere  exclusively, 

,    One  hundred  ani 

dock,  fresh  .^laduoc 

shore  fishing  propel 

hening,  fresh  had( 

Tirious  ott'shore  lis 

Forty.four  vessel 

I  lure  fished  to  a  lini 

iregnbrlyinthefisl: 

«tera  part  of  Qei 

umed   '%ce8  landii 


|SnTEMKNTS  SU3?-' 
EEAU,   GloL 

I  Hukerel  catch  by  the 


HS00.i 


Litt  of  vessels  cleared  for  the  Britis,i  North  American  Provinces  from  the  district  of  Ban 
stable,  since  January  1,  1885,  to  October  1, 1886. 

[4  Yossels.l 


Name. 


Gross  t:  laage. 


ITnlted  States  vSchooner  EUen  A.  Swift... 

United  States  Schooner  Lotta  Bell 

United  States  Schooner  Lonisa  A.  Groat. 
United  States  Schooner  Willie  A.  McKay 

ToUl 


131.1 

96.1 
155,1 
169.1 


AMERICAN    FISHERY    INTERESTS. 


857 


iPfSOXIMATE  STATBUKNT  OF  VESSEL  FISHERIES  OF  GLOUCESTER  DISTRICT  IN  1886, 
IFrom  informati<jD  by  Capt.  S.  J.  Martin,  of  the  United  States  Flah  Commiwion.] 

Total  number  of  vessels  belonging  to  Gloucester  district,  511 ;  total  engaged  in  the 
ijheries,  425. 

Onehnn'lrod  and  twenty -one  vessels  ent,;aged  in  mackerel  fishery ;  98  exclusively 
ind  ^  in  other  fisheries  as  well ;  86  of  these  bngaged  '.a  southern  spring  fishery,  42 
iiiNew  Enr^'and  shoie  fishery .  Others  will  fish,  95  in  the  Gulf  of  St.  Lawrence,  show 
inifonly  26  mackerel  vessels  that  did  uot  enter  North  Bay. 

i'orty-two  vessels  fsh  for  cod  on  Grand  aiid  Westera  Banks,  of  which  25  fish  exclu- 
lirely  on  these  banks,  and  17  engage  in  othdr  fisheries  at  other  times. 
One  hundred  and  sixty-two  vessels  fish  fr»r  cod  on  Georges  Bank,  of  which  131  fish 
there  exclusively,  and  31  engage  m  other  f.sheries  at  other  timea. 
One  hundred  and  ten  vessels  engaged  in  tho  shorn  fisheries,  including  winter  had- 
dock, fresh  haddock,  honing,  swordfish.  &c.,  of  vhicb  46  are  engaged  exclusively  in 
diore  Ming  proper,  and  20  in  various  o.her  roast  fisheries,  including  trap,  swordfish, 
beniog,  fresh  haddock^  winter  haddock,  &c. ;  the  remaining  14  are  engaged  in  the 
mious  oflfshore  fisheries  during  a  portion  of  the  year. 

Forty-four  vessels  are  engaged  'jxciusivoly  in  the  halibut  f'shery,  and  14  others 

I  lure  fished  to  a  limit6d  extent  for  hali'jut  during  part  of  the  year.     Of  those  engaged 

regal:;rly  in  the  fishery,  35  fish  on  Grand  Banks,  Quereau,  and  La  Have,  4  fish  on  the 

astern  part  of  Georges,  2  at  Greenlaid,  and  6    at  Iceland ;  those  at  the  two  last- 

ii«med  Hcos  landing  their  fish  salt. 


[lillTEMENTS  SU3?  'TTED  BY  W.   A.   WiLCOX,   ESQ.,   MANAGER  Aj'CKICAN  FlSH  BU- 
REAU, Gloloester,  Mass.,  in  Connection  wxTn  nis  Testimony. 

[ifwierel  catch  by  the  Neto  England  Jlwts  durinfi  1884,  as  reported  to  the  American  Fish 

Bureau. 

[Freali  mackerel  not  included  1 


Porta. 

Nortn 
Bay 
fleet. 

Shore 
fleet. 

Total 
number 
of  sail. 

Total 
nnmber 
of  crew. 

North 

Bay 

catch. 

Shore 
catch. 

Total 

catch, 

insp.  bis. 

luuchasett.i: 

68 
8 
8 
5 

112 

22 

13 

U 

»t 

4 

3 

1 

6 

2 

170 

30 

21 

16 

0 

0 

6 

1 

8 

2 

2 

2,770 

480 

3110 

240 

80 

SO 

75 

13 

90 

30 

27 

15, 299 

^30 

1,200 

435 

85 

258 

172,630 

31.570 

46, 442 

17,  859 

4,  .'i23 

0,612 

7,3»5 

140 

60 

187, 929 
32,000 
47  642 

Wellfleet 

Boston ■■.•-.•-->■ 

18  204 

South  Chatham  .......... 

4, 623 

Hipwlch 

2 
2 

fl,  607 

7,  6.">3 

Coh«886t 

140 

Rockport' 

2 

UO 

Plymouth' 

Kewburyport'  

Total 



85 

j:82 

267 

4,237 

17, 707 

287,231 

304, 938 

Portland 

S 

1 

3 

U 

1 
1 

42 
8 
6 
3 
3 
2 
2 
2 
2 

45 

a 

8 
17 
4 
3 
2 
2 
2 

720 

135 

125 

255 

42 

46 

32 

20 

30 

1,600 
60 
70 

138,  000 

22,  916 

7,630 

139,  600 
22, 075 

Booth  Bay 

Sonlhport 

7,700 

Xorth  Haven' 

Cunder* 

80 
140 

80 

VinalHaven* 

85 

225 

BeerWo" 

Eiitport 

500 

500 

S»in'8  Island 

Totd 

22 

70 

92 

1,404 

1,950 

1C9, 130 

171,  080 

TOTAL  NEW  ENGLAND  FLEET. 

184 

107 

03 

1 

3 

252 
295 
841 
295 

359 

;:58 

342 

298 

6,641 
5,43« 
6.28b 
4,258 

in,  657 

28, 600 

275 

470 

20,633 

456, 361 
198,019 
•sin.  588 
391,187 

476,018 
226  685 

1883 

1882 

378,  803 

1881 

391,657 
827  300 

1885 

Grand  total 

76, 701 

1,797,573 

, 

'  Catoh  mostly  pao'ked  at  Cloucester. 
'Catoii  packeu  at  Boston. 


Catoh  montly  ni»4>k»>d  at  Portland. 
^Catoh  iocluaed  in  that  of  Portland. 


''■'  ni.\ 


858  AMERICAN   FISHERY   INTERESTS. 

Prices  of  mackerel  in  Maaaachuaetta  the  first  wee''  in  September,  from  1830  to  1884. 


Tear. 


1880. 
183t. 
1832. 
1833. 
1834. 
183.^. 
1836. 
1887. 
1838. 
1630. 
1840. 
1841, 
1842. 
1848. 
1844. 
1845. 
1846, 
1847, 
1848, 
1849, 
1850 
1851 
1852 
1853. 
1854 
1865 
18S6 
1857- 
1858 
18S9 
1800 
1801 
1802 
1863 


Ko.l. 


$5  00 
5  75 

5  00 

6  72 
5  72 

7  00 
9  00 

7  75 

11  00 

12  50 

12  75 
1 ,  ^0 

9  JO 

10  12 
9  50 

13  00 
9  12 

12  75 
9  00 

12  00 
n  12 

0  00 
9  00 

11  5C 
15  00 
19  00 

13  00 
15  OO 

15  50 

14  50 

16  00 

8  60 
8  25 

14  00 


No.  2. 


ft  50 
4  75 
4  00 
4  72 
4  72 
6  00 

8  00 
6  SO 

9  25 
10  60 
10  50 
10  00 

6  00 
8  12 

7  50 

10  60 
6  25 

8  25 

6  00 

7  00 

8  12 

6  50 

7  00 

9  60 
12  25 

11  00 

8  00 

12  50 
12  60 
12  60 

8  50 
4  50 
6  00 
B  25 


Na3. 


$2  62 
2  62 
2  75 

2  85 

3  36 

4  00 

5  00 

4  12 

5  60 
7  00 

6  50 
0  00 

4  00 
6  00 

5  60 

6  87 

3  87 

4  26 
3  37 

3  50 

5  00 
5  12 
R75 

7  60 

5  00 

6  25 
6  00 

8  50 
8  50 
8  50 

5  00 
2  75 

4  50 

6  69 


Year. 


1864 

1865 

1866 

1867 

1868 

1869 

1870: 

Bay... 

Shore . 
1871: 

Bay... 

Shore . 
1872: 

Bay... 

Shore . 
1873: 

Bay... 

Shore . 
1874: 

Bay... 

Shore. 
1875: 

Bay... 

Shore . 

1876 

1877 

1878 

1B79 

1880 

1881 

1882 

1883 

1884 


Ko.l. 


$3C  00 
22  00 

22  75 
17  00 

17  00 

23  00 

21  50 
23  00 

10  60 

11  25 

11  60 
14  50 

14  75 
20  00 

15  00 

13  25 

14  00 
10  25 

15  UO 

16  50 
U  00 
16  00 
14  00 
14  00 

18  00 
20  00 
14  00 


No.  2. 


$20  00 
15  00 
13  25 

12  25 

13  00 

11  50 

n  00 
9  75 

750 
725 

9  25 
950 

12  25 
12  26 

800 
000 

1100 

10  25 
6  75 

12  50 
800 
500 
700 
600 

1100 

14  00 
10  00 


Ko.'; 


Vi 


AMERICAN   FISHERY   INTERESTS. 


859 


10  to  1R84. 


I  '[mtgs "/  viffsels  of  the  United  Statea  employed  m  the  whule,  cod,  and  mackerel  flnheries, 

from  1860  to  1883,  inclusive. 


No. 2.    No.' 


$20  00 
15  00      DT 
13  25 

12  25      n 

13  00 

u  'm\ 

1100 

9  75 


:50 
725 

9  25  I 

9  50|. 

12  25J 
12  25 

800| 
0001 

noo' 

10  25 

6  75 
12  50 

800 
500 

7  00 
600 

1100 

14  00 

<    10  00 


Year  ending  Jane  30— 

Whale 
flaheries. 

Cod 
fisheries 

Mackerel 
flsheries. 

Total. 

Ton*. 

166,841 

145, 734 

117, 714 

09,228 

a,  145 

90,616 

105, 170 

52,384 

71,843 
70,202 
67,954 
61,490 
S4.608 
44. 755 
39, 108 
38,289 
39, 116 

89;  700 
40,028 
88, 408 
88,561 
82,  bOS 
32, 414 

Ton$. 

136,663 

137,846 

133,601 

117,290 

103.742 

65, 185 

61, 642 

44,567 

Ton*. 
26,  111 
54. 795 
80, 696 
51.010 
55.499 
41.200 
40.  589 
31. 498 

Ton*. 
329.605 

838,875 

.131, 911 

267, 537 

254,386 

£  ;::;;;:::i;i"""i";"" :::..::::":: 

106, 010 

Mil 

201,401 

128,  449 

IMI 

83,887 
62,  704 
91,460 
92,865 
97,5J5 
109,519 
78,290 
80,207 
87,802 
91,  085 
86,647 
79,885 
77,688 
76, 137 
77,863 
95, 038 

15!),  230 

MM         .........••..•.....••.. .....•...••-....t....o........ 

132,906 

159,414 

in 

154.355 

BH — 

m    

149, 155 
151,274 

ari      

117.398 

118.436 

a 

126,918 
131, 678 

126, 247 

119, 913 

115,946 

114,688 

110.665 

127, 462 

Koie  wiM  pro"!  ided  to  replace  cod  and  mackerel  flsheries. 

860 


AMERICAN   nSHEKY   INTERESTS. 
Mackerel  catch,  1881  to  1885. 


Tear. 

Bay. 

Total. 

1881 

Ton*. 
480 
275 
28,  GUO 
19, 657 
20,633 

lotu. 

1882 

391,637 
378,  .'O 

471),  OIS 
324,36) 

1883 

1884 

1885 

Total 

75,711 

1,797,W 

Catch  in  North  Bay,  4}  per  cent. 


Mackerel  inspection  in  Maasaohuaetts  from  1809  to  1885,  and  the  total  value  ofeachmr't 

inapeotion  from  1830  to  I88i.  ' 


Tear. 


1800 
1810 
1811 
1812 
1813 
1814 
1815 
1816 
1817 
1818 
1810 
1820 
1821 
1822 
1823 
1824 
1825 
1826 
1827 
1828 
1828 
1830 
1831 
1832 
1838 
1834 
18o5 
1836 
1837 
1838 
1839 
1840 
1841 
1842 
1843 
1844 
1845 
1846 


Barrels  of  mackerel 
inspected. 


Total. 


8,225 
12,6521 
17,401 
5,881 
3,750} 
1,839 
16,050} 
30, 969 
87, 362 
46, 348 
100,  111 
115,641 
111,009} 
160,294} 
145,006 
191, 650} 
254, 384} 
158,740} 
190, 304} 
237,  324} 
225, 977 
308, 463} 
383,  548 
222,  452 
222,  932} 
252, 879} 
194, 800} 
174, 410} 
138, 157} 
110,740} 
74, 208} 
50,491} 
55, 538 
75, 643 
64,451 
86,881} 
202, 802} 
179, 511i 


Total 
valae. 


$1,119,470 

1, 589, 930 

797, 795 

976, 935 

1, 165,  842 

1,  030,  560 

3.268,388 

803, 653 

925,  202 

719,  204 

473, 345 

518, 300 

493,  979 

549,419 

634, 502 

1,883,669 

1,094,585 


Year. 


1847 
1848 
1849 
1850 
1851 
1852 
1853 
1854 
1855 
1856 
1857 
1858 
1859 
1860 
1861 
1862 
1863 
1864 
1865 
1866 
1867 
1808 
1869 
1870 
1871 
1872 
1873 
1874 
1875 
1876 
18/7 
1878 
1879 
1880 
1881 
1882 
1883 
1884 


Barrels  of  mackerel 
inspected. 


Total. 


251, 
800, 
208, 
242, 
829, 
198, 
133, 
135, 
211, 
214, 
168, 
131, 
99, 
235, 
194, 
260, 
306, 
274, 
250, 
231, 
210, 
180, 
234, 
318, 
269, 
181, 
185, 
2.58, 
130, 
225, 
105, 
144, 
156, 
243, 
256, 
258, 
154, 
304, 


917} 
130| 

oao 

572 

244} 

120 

240} 

240} 

558ft 

312i 

7051 

002} 

715} 

685} 

2831 

8641 

D42| 

3,-)7| 


314 

056} 

210| 

52l| 

4161 

956 

748} 

37M 

062i 

942} 

097| 

220} 

297| 

958| 

173} 

382 

140 

938 


Tot.ii 
value. 


$2,-2oO,9JSl 
l,858,So0l 
l,5«0,l.t| 
1,777,5171 
2, 349.  Sill 

HKn 

1,207,9;S_ 

l,313,53i] 

2,129,0«( 

2.064,!' 

2,162,731 

1,729,! 

1,255,071 

2,251,( 

l,116,8.i| 

l,597,4lf 

2,878,7^ 

5,935,5'i 

4,729,8 

4, 324, 7! 

2,961,91 

2,522,13 

3,248,3ll 

3,744,li 

2,233,( 

1,948,41 

2,i99,C| 

2,657,61 

1,310,  If 

1,6,W,3 

1,137,' 

1,0:14,11 


1,474,11 
1,601,01 

2,741,< 
1,782,0 


Incnde8  23ve.sa 
'inclndesHsftU 
Inclndeaisailtl 
InclndesiBailt 
Fist  Grand  Bai 
,^^d  catch  at  GJ 
Latch  by  smaJl  I 


AMERICAN   FISHERY   INTERESTS. 


861 


I  .Yflc  England  fleet  catch  of  cod  and  other  ground  fish  landed  during  If^,  aa  reported 

to  the  American  Fish  Bureau. 

[Froshfltth  fleut  and  catch  not  included.] 


Ports. 


I  )LuMrhn3ett8 : 

ijloncestor' 

Provincetown'  .... 

B«verly' 

I'lymonth 

KiDSBton 

Kockport* 

Soath  DartQioath 

Kairhaven 

Uarblebead 

ffellfleot* 

Iloston' 


Total. 


I  Kline: 

Portland 

DoothBay 

Backsport 

OrlaiMl 

Umoino 

Soiithport 

PdS3  Harbor' 

Bremen' 

Briatol 

Cranberry  Isle 

Cape  Porpoise 

Uferlslo 

Eaatport' 

Ellsworth 

friendship' 

GcorgetowD' 

HarpswoU 

Xorlh  Haven 

I'emaquid' 

Port  Clyde' 

Swan's  Island' 

Sonthweat  Harbor  , 

Swlgwick , 

Vinal  Haven' 

N'cw  Harbor' 

East  Booth  Bay 

Lnbfr.' 


Total. 


■d  a 


136 

7 


224 


20 
6 

12 
6 
0 
8 


74 


167 
14 


195 


60 
10 


35 
7 
3 
5 

13 
2 

30 


12 
4 

11 
7 
1 
4 
6 
8 


85 


258 


3 

o 
H 


303 
85 
14 
3 
2 
U 
I 
2 
1 
1 
1 


410 


80 

16 

12 

0 

6 

8 

35 

g 

5 
5 

14 
2 

33 
3 

12 
4 

11 

10 
1 
4 
5 
8 
2 

35 


S 

o 
H 


3,666 
1,162 
145 
25 
25 
79 
10 
21 
12 
20 
15 


6,180 


•a  0 


228,108 
140, 590' 
7,500 
2,700 
2,600 
1,525 
1,250 
1,100 
1,200 
3,000 


389,983 


700 

132 

147 

76 

90 

113 

303 

95 

45 

50 

84 

10 

500 

42 

100 

31 

85 

118 

125 

30 

50 

60 

24 

225 

50 

35 

60 


332 


8,380 


24,000 
8,200 

16,000 
7,700 

12,000 
7,300 


3,050 
1,600 


3,000 
3,800 


3,600 


2,700 


324, 955 

1,080 

950 


4,975 
1,056 


833,  010 


90,000 
3,050 


700 

11,076 

425 

460 

5,000 

590 

400 

10,500 


4,000 
1,540 
8,500 
4,500 
5,500 
1,900 
1,200 
5,500 


10,500 

2,000 

790 

4,200 


02,950 


172, 241 


I 


B 

o  _ 

o 
H 


653,063 
141,580 
8,450 
2,700 
2,500 
6,500 
1,250 
2,150 
1,200 
3,000 


722,393 


114,000 

11,250 

16,003 

7,700 

12,000 

8,000 

11, 076 

3,475 

2,060 

5,000 

500 

400 

13,600 

3,800 

4,000 

1,640 

8,500 

8,100 

5,500 

1,000 

1,200 

6,500 

2,700 

10,500 

2,000 

700 

4,200 


265, 191 


TOTAL  CATCH  OV  NEW  ENGLAND  FLEET. 


U8«4 
U883 
1,1882 
1, 1881 


298 
322 
315 
268 


453 
421 
377 
336 


751 
740 
002 
604 


8,500 
8,601 
7,719 
6,402 


482, 333 
678, 736 
474,078 
355,640 


505, 251 
482,963 
4<!4, 826 
410,387 


087,584 

1,061,606 

898,904 

775, 027 


'  Inclndes  23  vessels  in  the  halibut  oatoh ;  5  that  fished  off  G  reenland,  and  4  off  Iceland. 
'Inclndes  13  sail  that  caught  10,500  quintals  in  North  Bay. 
Indndes  1  sail  that  fished  oft'  Greenla    " 


iland. 


*Inclnde!t  1  sail  that  canght  326  quintals  in  North  Buy. 
'Fir.st  (Irand  Banker  from  Wellfleet  in  27  years. 
•Jjold  catch  at  Gloucester. 
'Catch  by  small  boats  included. 


862 


AMERICAN   FISHERY   INTERESTS. 


Statistics  of  the  imports  of  fish  and  fish-oil  for  eleven  years  ending  June  30, 1864. 

The  following  table  sbowing  tbo  leading  lisb  importations  bas  been  prepared  f^p<^ 
the  cuatom-bouso  returns. 

Attention  may  be  called  to  tbo  importation,  duty  free,  of  134,482,9r)0  pouudB  of  fresh 
flsh.    Nearly  all  of  this  camo  from  Canada  under  the  treaty  of  Washington. 

The  exports  have  constantly  increased  in  quantity  and  value,  duo,  doubtless  mi 
some  degree,  to  the  successfnl  participation  of  the  United  States  in  the  Intornational  I 
Fishery  Exhibition  held  in  Europe.  ' 


1874. 

1876. 

1878. 

1877. 

187a 

1879. 

I.— FKKB  OF  UUTY. 

Fish,  not  of  American  flitfaeriog : 
Fresh,  of  all  kinds. .  .ponnrls. . 

HerrlDK.  pickled barrels.. 

Mackerel,  pickled do 

Oils- 

9,  587,  !505 
51,423 
89,503 

16, 308, 709 
70,763 
77, 479 

10,723,216 
87,554 
76, 631 

7,735,081 
63, 280 
43,060 

9, 081, 828 

58, 082 
102,148 

8,432,83s 
55,731 
101, « 

Whale  or  flsh,  not  of  Ameri- 
can flehorios gallons. . . 

105, 448 

277,739 

103, 184 

138,708 

311,001 

182,63 

It.— UUTIAUI.B. 

Fish,  not  of  Anioricau  Usherics ; 

Herring barrels.. 

Mackerel do.... 

OUb: 

Whale  and  flsh,  not  of  Amer- 
ican fisheries gallons . . 

31, 128 
190 

220, 528 
1880. 

21,681 
59 

115,084 

17,268 
7 

102,883 

14,  873 
14 

61,882 

15,542 

m 

85,509 

18,9! 

«i,a 

1881. 

1882. 

1883. 

1884. 

*roiii. 

I.— FREE  OF  DUTY. 

Fish,  nut  of  American  fisheries : 

Fresh,  of  all  kinds...  pounds.. 

Herring,  pickled oarrels. . 

Mackerel,  pickled do 

Oils: 

Whalo  or  flsh,  not  of  Ameri- 
can  fisheries gallons . . 

10, 761,  807 
46, 723 
112,468 

12, 975, 761 

64, 811 

120, 288 

15,  893,  849 
76, 130 
58,279 

15, 860, 390 

101, 444 

62,062 

17,521,419 

120, 519 

88,216 

407,  416 

568,660 

337,076 

3^,473 

429,  SW 

3,»7,l 

II.— DUTIABLE. 

\ 

Fish,  not  of  American  fisheries: 

Herring barrels.. 

Mackerel do 

26,168 

30,987 
9 

146,410 

36, 061 
164 

200,051 

48,<)95 
11 

157,262 

31,008 

292,1 

OUs: 

Whale  and  flsh,  not  of  Amer- 
can  fisheries gallons . . 

92,819 

383,319 

1,132,: 

Sixth  Annual  Rsport 

OF  THK 

Boston  1 

Pish  Bur 

EAU,  January  1,  1881,  ■ 

1 

|By  W.  A 

.  Wilcox,  8 

Bcretary,] 

1 

/'  •  REPORT. 

After  a  series  of  yeara  disastrous  to  life  and  property  with  poor  and  inferior  catcU 
that  sold  at  ruinous  prices,  we  are  pleased  to  place  on  record  that  the  seasopjl 
closed  has  been  roinarkable  for  its  unusually  fine  weather  for  prosecuting  tbeim| 
try,  for  the  small  amount  of  loss  of  life  and  property,  for  the  unprecedented  abi 
dance  of  the  leading  fish  in  the  waters  of  Massachusetts  Bay,  as  well  asof  codfishj 
the  Grand  Banks.  All  these  advantages-have  continued  throngbout  tlic  fisning  f 
son  and  been  accompanied  with  a  good  steady  demand  for  tlie  products  aseooa 
placed  on  the  market,  enabling  the  producer  to  at  once  realize  at  fair  prices,  &n^ 
the  same  time  no  large  stocks  have  accnmnlated.  l 

Of  the  loss  of  life  and  property,  4  vessels  with  28  men  Lave  sailed  never  to  retaj 
these  with  other  losses  from  dories  and  small  boats  aggregate  58  men  ironi  tueenf 
New  England  fleet,  against  33  vessels  and  266  men  the  previous  year.  TheaTei* 
loss  of  life  from  the  Gloucester  fleet  alone  for  the  past  twenty  yeai-a  up  to  the  p««j 
has  been  02  men. 


AMERICAN  FISHERY   INTERESTS 


863 


^gwe  have  freqnent  inquiries  aa  to  the  fleet  of  vossels  in  the  cod  fishery,  aniouiil. 
of  catch,  &c.,  we  have  prepared  a  table  of  reports  from  the  nnmeroas  New  Enclant) 
ports.  It  ^ill  ^^  fonnd  of  interest  as  showing  the  number  of  the  larger  vessels  en  - 
aged  in  the  catch,  and  while  showing  only  two-thirds  of  the  total  catch,  at  Icasr 
ooe-tbird  being  caught  by  small  boats  fishing  on  the  near  home  banks  and  fishiu;; 
nonnds,  it  willgivo  some  idea  of  the  amount  and  value  of  this  industry.  We  thinl< 
tbeee  figures  prove  that  for  the  capital  employed  this  industry  ranks  among  the  most 
important  in  the  country,  giving  employment  to  a  large  number  of  persons  afloat  and 
onshore,  and  sni)plying  for  the  masses  a  cheap  and  healthful  food.  As  we  have  neve  r 
leen  any  previous  records  of  the  codfish  fleet,  we  have  no  table  of  comparisons  with 
former  years;  the  number  of  vessels  from  most  of  the  ports  is  small  compared  with 
reports  of  years  ago,  while  others  have  largely  increased.  The  increased  facilities 
ind  manner  of  the  catch  with  a  large  increase  in  small  boats  has  amply  made  up  for 
loisesin  tonnage.  It  is  generally  admitted  by  dealers  and  fishermen  that  more  fish 
ue  caught  at  tne  present  time  than  in  any  past  years.  The  receipts  in  Boston,  while 
ihoning  a  falling  ofl'  in  some  varieties  (principally  those  from  the  Provinces),  in  the 
iggrogate  show  the  usual  average  •amount  has  been  received,  the  Boston  market 
luviDg  been  well  supplied  at  all  times  with  every  variety  of  salt-water  fish  found  in 
lorthern  waters. 

Mackerel. — The  season  opened  by  the  early  or  southern  fleet  sailing  in  March,  first 
eatch  reported  by  schooner  Edward  E.  Webster,  '25,000  fish  April  2.  The  record  of 
theiieet  will  be  found  in  the  report  of  the  various  fleets  and  shows  another  finan- 
eially  disastrous  early  catch,  some  of  the  vessels  returning  without  fish,  very  few 
with  profit.  We  have  in  previous  reports  mentioned  the  injurious  eflects  of  this 
liranch  of  the  catch  oven  when  followed  at  a  profit,  a  largo  catch  of  poor  fish  injur- 
ing the  demand  later  in  the  season.  The  past  few  years  fully  demonstrates  that  the 
looner  this  early  catch  is  abandoned  the  better  it  will  be  for  all  interested.  The  first 
(Mtch  in  the  weirs  at  Gape  Cod  April  26 ;  first  new  salt  mackerel  arrived  in  Boston 
May  10.  The  market  for  new  stock  ranged  irom  $5  to  |6  a  barrel,  vessels  doing  only 
fairly  up  to  July  1,  the  fish  and  fleet  being  scattered  from  Cape  Cod  to  Jefi'rey's 
Banks.  Early  in  July  an  unprecedented  largo  body  of  mackerel  aiipeared  in  Massa- 
(hnsetts  Bay,  at  our  very  doors.  The  oldest  dealers  and  fishermen  report  never  hav- 
lig  Icnown  them  so  plenty.  They  continued  in  the  Bay  until  the  close  of  the  season 
ioDecenilicr,  during  which  time  the  entire  fleet  did  well,  while  many  of  them  made 
remiirkablo  "  stocks,"  as  will  be  seen  in  the  reports  of  individual  vessels.  The  catch 
Its  noticeable  for  the  absence  of  largo  and  very  small  fish  ;  its  excellcut  quality, 
koffever,  causing  an  active  desiand  for  immediate  consumption.  The  catch  in  the 
Sortli  Bay  and  provincial  waters  by  the  American  fleet  was  almost  an  entire  failure, 
iDinerona  vessels  returning  without  a  single  barrel.  Fortunately  but  a  small  num- 
ber ot  vessels  visited  those  waters  and,  not  finding  fish,  returned  in  time  to  secure 
tioQgh  of  the  home  catch  to  save  them  from  a  disastrous  season.  The  total  catch  of 
inspected  barrels  by  the  Massachusetts  fleet  is  the  largest  since  1874,  amounting  to 
85,986  barrels.  This  season's  catch  has  been  exceeded  but  ten  times  since  1804.  The 
total  catch  by  the  New  England  fleet  is  349,674  inspected  barrels,  a  gain  over  the 
wevions  year  of  99,861  barrels  on  the  Massachusetts  catch  and  total  gain  of  129,07.5 
iHtrels.  In  addition  to  our  own  large  catch  there  has  been  imported  at  this  port 
loin  the  Provinces  105,730  barrels,  against  84,213  the  previous  year. 
Total  amount  of  mackerel  received  in  Boston  during  1880  from  domestic  and  foreign 
jforte,  with  home  catch,  196,493  inspected  barrels, 
fftmnjf.— Most  of  our  supply  is  from  the  provinces,  and  yearly  since  1876  the  catch 
iliows  a  decrease,  the  imports  of  1880  being  less  than  half  that  of  five  years  ago.  This 
jiBccounted  for  by  the  failure  of  the  leading  herring  fisheries  in  provincial  waters. 
Ibe  ciitch  off  the  New  England  shore  was  also  much  less  than  that  of  1879.  Even 
Mth  the  reduced  supply,  prices  have  ruled  low,  caused  by  the  abundance  of  mackerel. 
fod/isft.— The  Grand  and  Western  Bank  fleets  from  New  England  ports,  numbering 
sail,  with  few  exceptions,  made  but  one  trip  to  the  Grand  Banks ;  only  ten  sail 
led  in  North  Bay.  All  returned  in  safety  with  full  fares.  The  Georges  and  North- 
shore  fleet,  numbering  517  sail  of  the  larger  class,  have  had  a  fairly  prosperous 
on,  and  with  the  numerous  small  vessels  and  boats  have  amply  supplied  the  in- 
sed  demand,  leaving  less  than  the  usual  supply  on  hand  at  the  close  of  the  season.* 
iththe  late  method  of  packing  in  neat,  clean,  attractive  packages,  has  naturally 
"wed  an  increased  demand  for  home  use ;  this  has  been  of  great  advantage  to  the 
ncer.  Bank  fish  ruled  most  of  the  season  at  $3.50  to  $3.75,  Georges  and  Shores 
$4.75  to  $5.50  a  quintal. 
Stk,  haddock,  and  other  ground  fish  vary  but  little  in  the  amount  received  from 
"previous  year,  and  have  met  with  a  good  demand,  at  prices  somewhat  higher  than 
1  season. 

Wfflon,— Our  receipts  show  a  large  decrease,  caused  by  a  very  small  catch  in  pro- 
^cial  waters.    The  catch  in  American  waters  on  the  Pacific  has  been  good  and 


't'i  h\ 


ill  -ji 


864 


AMERICAN   FISHERY   INTERESTS. 


pricen  tbere  low.    The  high  rates  of  railroad  transportation  has  prevented  bnt  sliebt 
receipts  from  that  quarter. 

Box  herring. — About  the  usual  amouut  of  near  500,000  boxes  lias  been  received  and 
distributed.  This  large  amount  has  not  al  all  times  fully  supplied  the  demand.  The 
maufactnre  of  the  small  herring,  usually  used  for  smoking,  has  drawn  largely  from 
the  supply  that  would  otherwise  be  boxed.  Over  1,000  hands  are  now  employed  at 
Eastpoi-t,  Me.,  in  putting  up  sardines  ;  there  are  a.lso  numerous  factories  at  other 
points. 

Other  varieties  of  fish,  it  will  be  seen  by  the  table  of  monthly  receipts,  about  the  us- 
nal  amount  has  been  received.    They  preseut  no  special  feature  of  interest. 

United  States  Fish  Commission. — This  branch  of  the  Government,  but  a  little  older 
than  the  bureau,  is  steadily  and  quietly  working  for  the  benefit  of  the  fiHbing  indus- 
try in  its  various  branches. 

We  wish  here  to  return  the  thanks  of  the  Boston  dealers  for  the  care  and  luterest 
shown  in  their  products  at  the  late  Berlin  Exhibition.    It  is  a  source  of  grntitication 
to  all  citizens,  and  more  particularly  to  those  engaged  in  the  fish  industry,  that  this 
country,  frcm  taking  but  littte  interest  in  the  industry  as  compared  with  otiier  nations  I 
a  few  years  ago,  has  been  acknowledged  before  the  world  as  at  the  head,  and  worthy  to 
receive  the  highest  award  of  the  exhibit,  for  which  we  are  indebted,  in  a  large  measure, 
to  the  commission.    Already  good  results  are  shown  from  the  exhibit  made  by  Boston 
dealers.    Of  the  field  work  ot  the  commission  many  good  results  have  been  accom- 
plished ;  during  the  past  season  the  artificial  propagation  of  the  various  salt  water 
fish  has  been  successfully  carried  on,  among  which  for  the  first  time  that  of  the  vahi- 
able  Spanish  mackerel  is  of  much  importance,  its  spawning  place  even  heretofore 
unknown.    When  we  recall  the  endless  amount  of  trouble  and  expeuso  as  well  asj 
millions  of  money  paid  in  the  past  by  treaties  and  awards  to  other  couutrieo  for  tho] 
privilege  of  fishing  in  provincial  waters,  the  value  of  the  thorough  knowledge  of  lish  j 
I)ropagation  will  be  appreciated,  as  shown  in,  the  following  extract  from  tho  last  re- j 
port  of  Prof.  Spencer  F.  Baird,  United  States  Fish  Commissioner.    "  We  have  at  our  j 
command  the  means  of  so  improving  and  increasing  the  American  fisheries  as  toob-j 
viate  the  necessity  in  the  future  of  asking  a  participation  in  the  inshore  fisheries  of] 
the  British  provinces,  and  thus  enable  us  to  dispense  with  fishing  treaties  or  fishery! 
relations  of  any  kind  with  the  British  or  other  Governments."    The  last  improvement  I 
that  has  come  under  our  notice  is  one  that,  if  it  continues  to  do  all  that  it  gives  prom- 1 
ise  of  doing,  will  be  of  great  value  to  the  fisherman  and  revolutionize  the  present! 
manner  of  catching  ground  fish.    We  allude  to  the  use  of  gill-nets  in  cod-tishiuj;.  I 
As  is  well  known  the  Norwegians  take  more  than  half  the  number  and  two-thirds  of  1 
the  total  weight  of  their  catch  of  cod  by  gill-nets,  yet  it  has  been  unknown  to  our  I 
fisherman  until  the  present  month.    The  Commissioner  having  provided  the  Norffayf 
net  for  them  to  experiment  with,  Capt.  George  H.  Martin,  of  Gloucester,  has  lipcul 
using  them  to  good  advantage  in  Ipswich  Bay,  fishing  with  two  dories,  two  nets  tuaj 
dory,  nets  each  50  fathoms  long,  3  fathoms  deep,  suspended  by  glass  balls  or  tloatsl 
at  any  required  depth.    Nets  of  10-inch  mesh  are  set  the  same  as  herring  nets,  [mag 
set  in  the  morning  or  during  the  day,  and  are  hauled  the  next  morning.    As  yet  noi 
fish  caught  except  at  night,  and  only  the  largest  cod :  the  catch  for  the  three  firs^ 
trials,  with  unfavorable  weather  was,  respectively,  4,000,  6,000,  and  7,000  poiindsj 
Captain  Martin  is  much  pleased  with  his  success,  and  has  ordered  new  nets.   Thes^ 
nets  can  be  used  on  the  Grand  Banks  or  in  50  fathoms  of  water,  as  well  as  in  IpswieU 
Bay,  where  at  present  used  only  in  8  to  15  fathoms.    We  may  not  be  surprised  in  thi 
near  future  to  see  the  old  and  much-condemned  as  well  as  expensive  method  of  trawl^ 
ing  superseded  by  the  gill-nets  introduced  by  the  United  States  Fish  Commissiou. 

Foreign  exports. — From  the  early  history  of  the  fishing  industry  this  branch  ha 
been  of  importance ;  of  late  years  it  has  steadily  shown  a  decline,  the  leading  causi 
of  which  is  found  in  the  constantly  increasing  domestic  demand.  This  year  pricej 
have  ruled  low  at  the  West  India  ports,  with  small  inducements  to  shippers  to  increaaj 
the  business,  which  is  yet  of  some  considerable  importance,  amounting  the  past  yR'' 
to  1600,000, 

Fresh  fish. — Our  report  and  tables  of  receipts,  number  of  vessels  and  crew,  havm 
been  confined  to  salt  or  cured  fish,  we  wish  briefly  to  call  attention  to  the  importanoj 
and  steady  growth  of  the  fresh-fish  business.  During  the  past  year  the  market  hi 
at  all  times  been  well  supplied  with  the  leading  varieties  of  fresh  salt-water  fisM 
cod  and  pollock  show  a  small  falling  oflf  in  the  receipts,  haddock  a  gain,  hake  alara 
increase ;  the  total  amount  of  the  receipts  of  these  fish  for  the  past  year  is  not  il 
from  30,000,000  pounds.  The  abundance  of  mackerel  at  our  doors  most  j)f  the  seasof 
resulted  in  the  receiving  and  distribution  throughout  the  country  of  75,000  ban 
of  fresh  mackerel.  Day  after  day  for  weeks  from  1,000  to  2,000  barrels  was  receive! 
Notwithstanding  this  unusually  large  production,  all  were  used  fresh.  For  the  tin 
year  in  the  history  of  the  business  not  a  week  during  the  year  has  passed  1".'*''' 
mackerel  could  be  bought  at  reasonable  prices.  Salmon  were  in  lighter  receipt,  yl 
the  market  was  well  supplied.    Other  varieties  of  fish  have  been  of  an  average  catr 


rbe  aggregate  an 

I  u  iutreano  over  t 

Mon  J'ish  Bur 

loiiiiu  and  past  wi 

diiiitry  were  tlirou 

1 110 concentration  c 

ofrations  of  tho 

I  pwured.    In  Jun 

spirit  for  which  li 

nwiisi'or  tlio  roqii 

1  ».is  organized.     S 

of  its  foiindtu-.     Ftj 

j  bmn  at  tlio  front 

«  well  as  the  man 

j  fill).   Ho  lias  booi 

I  Kteivcd  his  kind  ]( 

I  iini. 

Each  year  since  i 

I iiiercf t,  for  which 

j«f  tlio  coast.    At  fii 

jtirofoniid  out  its  ( 

iMtliolisheniian  to 

Jfe'tji,  (lull,  or  other 

luporls  wo  extract  1 

Ifaived  niMch  impoi 

lindvaliialilo  intores 

|«finfonnati(m  not  e 

I  lacli  department." 

To  all  who  have 

I'illistatisticsat  th( 

llliat  the  record  of  th 

IMcIiiscd. 


\l*r}ect.tchcs  and  "ai 


pjooDcr  Alice,  Capt.  H. 
■Mooner  Edward  E.  Wei 
■IttoonarAliceC.  I'd  C 
filioncrLoiile  and  Rosa 
PftoonerllaryGreenwoo 
•ttooDcrKateyiorence 
^nerAddiol-'.Cole    " 

^doner  Cora  Lee 

»0ODerKrankBQtIer.I.' 
■wwner  Cora  Smith 
■ittwiicrM.O.Cnrtis.'] 
■wiier Mary  Snow....    . 
^onerF.F.Nickerson" 
WBcr  Dictator... 

fooer  Morning  star..'." 
MDerLongwood.. 
2'^  A  H.Whitraore 
DMerr/anielMarcv 

MofrAbbieFrankfoia 
wnerMianfononiah 
»«erP.amlE.Smaii: 
»aer,Tonn,e  Armstron 
wier  Lizzie  T,,„„ 

^    N.FcampbSu.. 
»w«  Cora  Louise... 


S.K: 


r.  11.^ r- 


AMEEICAN  FISHERY   INTERESTS. 


865 


rbf  agRrof^ato  amount  of  this  branch  of  the  business,  not  fur  from  |2,000,000.  showa 
u  iiareaHo  over  the  previous  year. 
notion  Fink  Bureau. — In  closing  the  sixth  annual  report  we  wish  to  refer  to  its  insti- 
iiiijdu  and  pant  worlc.  Previous  to  its  organization  the  only  record  of  the  fisliing  iii- 
iliislry  wiTc  tlirough  the  yearly  reports  of  the  State  in«poctor-genoral  of  tish,  with 
nil  concentration  of  daily  or  weekly  reports  «)f  receipts  or  information  in  regard  to  tlie 
oiicratioim  of  the  lleets  during  the  iisliing  season,  excei)t  such  as  individual  firms 
uriKiiriHl.  Ill  June,  1875,  the  late  Mr.  Franklin  Snow,  with  the  sagacity  and  public 
ipirit  for  which  he  was  noted,  called  the  dealers  together,  offering  them  suitable 
rocmsfor  the  required  needs  of  an  association  free  of  rent  for  a  year,  and  the  bureau 
wiiAor{;ani/'Od.  Since  our  la^t  annual  report  we  have  been  called  to  mourn  the  loss 
ofitsl'oundtT.  For  twenty-eight  years  he  was  one  of  the  loaders  in  the  trade,  ever 
known  at  the  front  in  good  works  and  numerous  institutions  for  the  benefit  of  others, 
Bweil  as  the  many  business  enterprises  of  which  he  was  the  founder  or  connected 
with.  Ho  lias  boon  and  long  will  be  missed  as  well  by  the  humble  fisherman  that 
TKeived  his  kind  look  and  word  as  those  having  large  business  transactions  with 

I  bim. 

Each  year  since  its  organization  the  bureau  reports  have  been  fuller  and  of  more 
jiiercft,  for  which  wo  are  largely  indebted  to  our  correspondents  the  entire  length 
rfllio  coast.  At  first  looking  with  suspicion  on  its  aim  and  object,  they  have  long 
(inco  foniul  out  its  object  is  for  the  b»  .3fit  of  the  fishing  industry,  its  doors  ever  open 
Mtbotisiicriiian  to  give  him  the  latest  information  procured  as  to  tlie  lociation  of  the 
kts,  liili,  or  other  desired  information.  From  many  letters  in  regard  to  our  daily 
tepiirts  wo  extract  the  following  from  a  producer  and  dealer  in  Maine:  "We  have 
kivcd  iiiucli  important  information  from  your  full  and  able  reports  of  the  growing 
and  viiluablo  interest,  the  production  offish,  giving  to  the  producer  and  dealer  a  lino 
of  information  not  elsewhere  found,  which  aids  the  fisherman,  packer,  and  dealer  in 
ttcli  department." 

To  all  who  have  helped  to  make  our  reports  of  interest,  and  kindly  furnished  us 
litb  statistics  at  the  close  of  the  year,  we  return  our  sincere  thanks,  with  the  hope 
M  tlio  record  of  the  coming  season  business  may  be  more  favorable  than  the  ouo 
jutddBcd. 

?'■    V        ^n.i  /^  W.  A.  WILCOX, 

)-^       i'       '      "     'i.;        A,     .  Secretary. 


I, if 


llirjj cuick*  and  "atoolCB"  by  the  mackerel  fleet  in  New  Enyland  waters,  teaaon  of  1880. 


'•■,11 


Ifame. 


Quantity. 


kbooner  Alice,  Cant  H.  B.  Joyce,  Swan's  Island,  Me barrels. 

■Jiliooner  Edward  £.  Webster,  Capt.  S.  Jacobs,  Qloncoater do .   . 

"  lonsr  Alice  G.  Fox,  Captain  Kowe,  Portland 

wger  Louie  and  Rosa inspected  barrels. 

hlwoDer Mary  Greenwood do... 

' loner Eat« Florence ,  do... 

loner  Addio  F.Cole do... 

mer Cora  Lee do... 

loner  Frank  Bntler do... 

loner  Cora  Smith do... 

pboiner  M.  0.  Curtis do... 

toner  Mary  Snow do... 

loner F.F.  Nickerson do... 

onerPictator do... 

Mner  Morning  Star do... 

wnerLonEwnod ..........do... 

loner  A  H.  Whitmore do... 

KierT/aniel  Marcy do... 

MnerR.  J.  Evans do... 

Mner  Abbio  tYankford do... 

loner  Miantonomah do... 

wnerP.  ttndE.  Small do... 

mer Jennie  Armstrong do... 

mer  Lizzie  Thompson do 

toner N.  F.  Campbell do.. 

«er  Cora  Louise do.. 


3,700 
3,009 


2,709 
1,700 
2,500 
1,000 
1,875 
2,036 
2, 150 
2,  000 
1,352 
2, 3.50 
1, 652 
1,527 
1,700 
1,750 
1,900 
1,645 
1,700 
1,400 
1,433 
1,  .575 
1,500 
1,306 
1,700 


Value 


$19, 548  75 

19,405  00 

13, 432  00 

12, 402  00 

11,035  00 

11,000  00 

10, 500  00 

10,250  00 

11,000  00 

10, 000  00 

10, 000  00 

0,281  00 

9,  730  00 

9, 213  00 

9. 087  00 

0, 000  00 

9, 000  00 

9, 000  00 

8,  .500  00 

8,  300  00 

8,000  00 

7,  008  00 

7,  800  00 

7,500  00 

6, 715  00 

6,500  00 


^■V,x.  11. -i. 


B.  S.  SNOW,  President. 
HENRY  S.  POTTER,  Treasurer. 
W.  A.  WILCOX,  Secretary. 
T.  A.  RICH, 
L.  PICKERT, 
N.  P.  BEAMAN, 

Executive  Committee. 


866 


AMERICAN   FISHERY   INTERESTS. 
Fi$h  received  by  Boston  dealeri,  1870  to  Ir^l. 


nth. 


Mackerel .barrels. 

Mookorul,  Boston  fleet 

IIuiTiuK barrels. 

Alcwlvos do . . . 

Salmon .do... 

Tront do... 

nerrinK,  smoked boxes. 

Bloaters,  smoked do . . 

Cod quintals. 

XXcftKn  •*■■••■■••••■•••■• ••■••■UU-  ■  ■ 

Hatldock do... 

Pollock do... 

Cask do... 

Snad barrels. 

Boneless  flsb boxes. 


1876. 


2i 


82,935 

80,884 

17,009 

010 


266.906 

10,  824 

111,090 

16,fl04 

3,  i)V. 

1,288 

2,471 

11 

7,029 


If 
si 


43,6  m 

70,' 2M 

0, 20U 

2, 720 

150 

05,180 


1877. 


11 


7,818 
1.118 
1, 240 
2, 267 

641 

162,931 

93,800 
7, 173 
2,720 

332, 080 

10,  824 

110,508 

17,  622 

4,  2(11 

8,555 

2.471 

652 

7,029| 


529 
459 
851 
620 


282, 

IH, 

120, 

SO, 

4, 

4, 

2, 


062 
4S)5 
14U 
140 
916 
241 
201 


7,138 


I- 
■3  9 


86, 356? 

68,097 

1,252 

6,086 

834 

180,  931 


20,  5U0 

14,  723 

6, 309 

3,3C3 

330 

893 


1.1 


142, 344 


77, 
8, 
6. 

402, 

18, 

140, 

44, 

II. 

7, 

2, 

7. 


1878. 


u 


948  22, 
878i  4. 
086.... 
834.... 
993  214, 
4It.'>  17, 
049  174, 
872i  4.^, 
22:.i    9, 


88178,1 
4.J8'... 
81U 
014 


3, 


715  171, 

tf.'n .... 

024i    9, 
700:  10, 


604 
62ll 
803  . 
1381 


083i 

01)1! 
9171. 


3,013' 


™^1«,028 

3OuiJ5,ll0 
117|    7,m 

203       20J 

MS  30(1,  M I 

•    i7.6a| 

0141KI,a| 
IW3,  M,(!r}| 
08.3  11,  ,163 1 
:^47  4, 841 1 
!,>17| 
l,19l| 
3,01i| 


i,m 


Fish. 


Maclverel barrels. 

Mackerel,  Boston  fleet 

Ilerrinf; barrels. 

Alewivcs do... 

Halmon • do... 

Trout do... 

Ilerring,  smoked boxes. 

Bloaters,  smoked > do.. 

Cod quintals. 

Hake do... 

Haddock do... 

FoUook do... 

Cask do... 

8bad barrels. 

Boneless  fish boxes. 


^i 


V 


&' 


33,  818 

49,413 

20, 146 

795 

145 

'29i,"473' 

23,077 

123,  012 

27, 069 

9,155 

1,589 

2, 059 


6,915^ 


1879. 


o  o 


84, 213^ 


30, 608 

5,727 

6,808 

1,437 

168,870 


21,  089 
6,610 

922 
3,437 

212 
3,042 


^ 


167, 444 

56,8)4 

6,622 

6,013 

1,437 

460,849 

23,077 
150,901 

83,  079 

10, 077 
5,035 
2,271 
8.042 
6,915 


"So. 
§■3 


86,761 

54, 002 

26. 492 

1,351 

500 


262,482 

20, 603 

124, 338 

32, 222 

9,172 

1,S!3 

l,36i2 


9,646 


1880. 


105,730 


29,310 

5,082 

2,332 

608 

181,115 


39, 151 

8,810 

97« 

2, 702 

187 

1,975 

54 


55,  f 

7,u 

2,8 
443,  s 

20,  fl 
1«3,4| 
41,0 
I0,14| 

4,: 

1,! 

1,» 

9, 7 J 


187«. 


u 


i",  8101  i'V^iniw.  110 
1.0V4   a,  in  ",mi 

3>t8    3,1K«| 

..  203       20J| 

4,716171, 5083i«,Jal 

T,63 17.631 

A  Ki  9,0341Kl,fal 
i:.,700:  10,il73>50,Ql 
0,083;    l,ti8;i  11,3(91 

2,m)il  2,':«i  ■»,»«1 

2,017, i,»lli 

....I    1,192!   llOll 

3,015' ;  »,01»I 


1880. 


•SI 


i 
s 
b 


105,730 

'mImo 

5,082  1 
2,332 
698 
181,115! 

8,810i 
970  \ 

2,762' 
187  I 

1,975 


AMERICAN    FISHERY   INTEREbTS.  807 

Ifew  England  fleet  oaloh  of  oodfish,  as  reported  to  (he  BoittoH  F't»h  Bureau  (1880). 


Ports. 


CloiicesttT 

i'rovliiietown 

Deniii'i""''' 

South  (Jliatbam .. . 

Hyannls  

Itekport 

Fairliavnn 

South  Diirtmonth 

Ntwburyport 

Beverly  

I'Kmoiith 

KiaRnton 

llarwick 


Total. 


[jtwllanipshim: 
I'ortamuulh  .. 


I  Urn : 

rnrtlanil 

BmithUay 

Sonthport 

Srilgwlok 

Dcorlnlo 

BnokHpui't 

aiai»' 

.Vnrlh  Iluveii'. 
iJeoriiolowu' . . 

kmoine 

llrlaud 

Uancock  

S«an'a  Inliinil . 
Vinal  Haven*  . 

HarpswelH 

Eastport  

Bremen 


Total. 


Total  New  EnKland 
fleet 


o 
'A 

•:a 


10 


109 
43 


a  a 


o  8 
'A 


175 
4 
2 

n 

2 

e 
1 


10  I     IGO 


23 

11 

11 

1 


8 


1 

100 


10 


20 


B 

12 
10 


4 

25 

14 

12 

4 


83  I    100 


10       253       315 


I 

13 

-a 

«^ 

o 
H 


200 
67 
2 
6 
2 
8 
2 
1 
1 

10 
S 
1 
1 


e 

-a 
•s 

H 


3,040 

704 

2U 

er 

20 
83 
21 
10 
17 
'08 
S5 
14 
15 


370  1    4,185 


H 


120 


43 

11 

11 

1 

2 

0 

4 

18 

10 

4 

0 

4 

4 

25 

14 

18 

8 


180 


S7D 


300 

154 

157 

12 

10 

75 

41 

130 

60 

48 

67 

49 

20 

176 

116 

108 

oe 


1,767 


Qtiinfab. 


10, 200 


10,200 


6,068 


10,200 


QuintaXt. 

110,375 

66,200 


1,000 


1,62? 

900 

1,260 


0,060 
6,000 
1,800 


w  *  a 

III 

Quintal: 

24H,  525 

1,075 

05U 

I,.  JO 

450 

2,0UI 

1,000 


600 


201,000 
6,800 


400 
258, 250 

6,000 


26.000 
9,000 

16.400 
1,000 


0,000 
1,2,50 
6,000 


0,100 
0,300 
6,100 


5,100 
6,780 


03,600 


8,000 


000 


4,3.'W 
5,000 
1,038 


1,000 

0.100 

10,648 

21,000 

1,400 


71,980 


300,090 


335, '.'30 


J.. 

QuinlaU. 

■304,900 

77, 375 

9.50 

2,500 

4.50 

3,575 

2.800 

1,250 

«l,000 

0, 550 

5,U00 

1,300 

400 


471,000 


10,800 


'  8,275,000  pounds  halibut ;  firveral  fares  sold  at  other  ports. 
'  Only  flnhinK  veancl  from  the  Unito<I  Slates  on  Labrador  coast. 
'  Six  fares  not  iuuludod ;  landed  at  otiier  ports. 
*  Shore  catch  includes  all  firotind  flnh. 
'  20,000  quintals  hako,  0,100  quintals  cod. 


34,000 

»0,000 

15,4U0 

1,000 

000 

0,600 

5,000 

10, 000 

1,038 

6,100 

6,  .300 

5,100 

1,000 

0,150 

10,548 

»20, 100 

7,180 


105,670 


647.426 


';^'*i 


8G8 


AMERICAN    IIHHEUY    INTEliESTS. 


New  EnglaH.l catch  of  mackerel;  amount  of  innpealM-  harrdu  parked  at  home porli  ain-i 
portal  to  the  Honlon  Fink  Itureau  (IHHO). 


PorU. 

1 

& 

1 

5 

1 

•9 

a 

-J 

^J 

'J 

31 
7 

ei 

5 

a 
ft 
ft 

4 
ft 

1 
e 
1 

a 

£ 

'"o 
ft 
a 

34 

s 

""a 
1 

"■jo" 

•8 
JH 

g1 

'a 

30 
7 
0 

10 
110 

11 
2 

n 

7 

7 

31 

ii* 

1 

ftao 

100 
87 

mo 

1,«60 

•HO 

80 

110 

oa 
iflft 

490 

4 

i 

& 

i 
s« 

tlarrrli. 

2. 1.'.8 
300 

•• 
a  . 

c  " 

u 
1 

__!_ 

iJorr  I». 

OOfl 

1,(HH) 

4<I0 

2,0.>4 

1,000 

...     ... 

205 

TiUO 

t4 
Mr 

lSOHt4)|l'      

liarrtU. 

fti.«r.4 

ft,  H.'<0 
0,230 

7.  not 

124,477 

IJ,  818 

BOO 

738 

7«0 

4.  HO:t 

28, 707 

244, 4S0 

Barrrli. 

MM 

8.15 

i;i,«.i 

dlhUKHt^t  .■■••.*■••  .*•. 

15 

2,180 

JlrtiwUh 

11  villi  11  in 

4 

1 

Kotikiiurt*        ......... 

SO 

l*i'Oviiu'«(<>wii 

WelWloet  

e 

30 

ToUil  

»2 

1-JO 

81 

230 

SO 
6 
3 
4 
10 
10 
1 
ft 

3,408 

4,817 

0,710 

Maliin : 

I'ortland* 

so 
1 
a 

2 

12 

2 

'""ft 

""ft 

4 
6 
1 

730 
00 
30 
ftO 

asft 

145 
IS 

70 

2,484 

73,033 

""'i,'4o6 

7fl,U 
1 4'] 

North  Haven" 

Caiiitleii 

1,421 

Ml 

DrorUlti' .'. 

Himtli  Ilav*      

8,800 

700 

i  01 

Hwiid'h  IhIiiuiI' 

3 

...      ..... 

8o(l)£wlck^  

SoutlipiU't* 

0,100 

.1,11 

Total  

2 

75 

18 

05 

1,380 

2,  484 

81,751 

2, 100 

M 

Now  TlampHliiro: 

4 

4 

8 

110 

1 

i 

6.750 

BOO 

7,3 

Total  Nuw  Knglaod 
tloot 

34 

20S 

103 

342 

4,088 

7,301 

i 
332,054  i       0.419 

319.1 

■ 

•  Vessels  partly  packed  awa.v  from  lionn'. 
'  Veg.stil.s  all  jinckod  away  from  lionii'. 
•Many  of  timm  ])acki'!d  away  from  |liome. 

*  1,240  baiTuls  packo<l  away  from  borne. 


■  Several  vessels  packed  In  a<1dittoB  to  home  fleet. 

*  IneluileH  .)tlier  tlian  lionio  fleet. 
'  11,855  barrels  packed  at  other  ports. 

•  0.2(iO  barrels  packed  at  other  ports. 
'Many  vossols  in  addition  to  koine  fleet  included. 

The  Shore  fleet  mentioned  above  are  only  the  vessels  that  flshud  nowliere  olito ;  to  which  miivl 
adde<l  the  Southern  and  North  Bay  fleets,  after  they  returned  from  their  uneucoosHt'ul  cruino  in  tu4 
waters,  making  the  total  shore  fleet  3ii  sail 


AMERICAN    FISHERY    INTERESTS.  801) 

RectiptM  o/fiah  bg  Ho$toH  deaUft  from  foreign  and  domeatlo  porta,  1880. 


January. 

February. 

March. 

April. 

May. 

June. 

Fisb. 

i 

H 

117 

3,815 

"■79 

4,6i3 

5.  4X5 

10. 402 

ll.->2 

7h;i 

50 

1 

1 

a,  570 

1, 031 

774 

5 

70 
12,  SOU 

o'flJl 

"isi 

1 

& 

1 

ft 

1 

1 

I 

1 

1 

1 

n 

i 

1 

178 

i 

n 

1.079 

i 

! 

)l«-ki.|fll      ..     barrels.. 
Vukirrl,   ItoHton  lluet, 
iDiiwcli'il  buriuls. 

Hftriiitf Imrrels 

^IfwiveH do... 

k,Uiiii| ....  ib>  . . 

700 

8,047 

•    331 

2.012 

184 

•138 

945 

6.2<3 

841 

107 

70 

i.'lKHI 

;i,  400 

H,  578 

1,271 

031 

1,007 
44.') 

17. 430 

'  '375 





1 
3, 300       030 
1 

1,844 

'  ir>6 

448 

650 

■"485 

433 
208 

118 
440 

70           . 

7(^' 

Tniiil  'lo 

BrtiiniiK (Hiiiokrd)    hxs.. 
Iliini(tiii(Hiiitik<'d)  do   .. 

C«i qilllilals.. 

Ue <l'» 

IWIwk do    . 

Wlofk do 

laili lie... 

1 1 

7,600 

18,'084 

12. 120 
3, 208 
8,  l)l'3 
2.  .ITO 

8.  000  20. 278  25.  5tll' 

4.403 

26, 333 

60 

4,4tr       314 
I  O.'iO        n4H 

:i,  078 

38i 

9.643 
2.001 
710 
005 
i:iu 
288 

3,004 

474 

a'i7, 

30 
615 

228 

so 



... 

150 
150 





|llMlrMfl^ll llOXOS.. 

Ilui     liurrols  . 

712 

743 

6c8    

35  r 

1 

1 

FUli. 

July. 

AnRnat. 

September. 

October. 

KoTeuber. 

Deoemlier. 

a 
W 

1 

1 
8,222 

1 

a. 

V 

a 
1 

I 

I 

n 

^11 

I 

1 

C 

I 
it 

1 

2,425 

i. 

•I 

1 
I 

1 

d 

I 

t 

} 

Mfrcl barrels.. 

Kiekriel,    il(>8(oii   flent, 

iii»|)((t<Ml  barn-lH. 

EfrriDK barrels.. 

iltwivcs I.o  . . 

Siliwiii do  . 

Iroiii do 

HtmiiB,  Biiiokod.  boxes.. 
Bkntcni, mucked  ..do  — 

Cod quintals.. 

flik« „..do  .. 

H»ldwk do  ... 

MWk do  .. 

CiJsk do.... 

Mess  tub boxes.. 

Sud burrolH.. 

1 
4,160 

10.158 

14, 8OI1  9, 412 

19, 713 

1 
4,034 

30,038 

11.632 

1 
1,701   6.206 

.    ...i 

037 
61 

70 

23,330 

o.'spt 

1,02« 

051 

23 

10(1 

33(1 

2,144 
774 

,    78 

3,483       209 

1        0*M;           10 
1       501 '        7(1 

6,687 

48 

123 

6.'46f. 

6.'45i 
1.501 
3.T4 
272 
150 
54 
SO! 

7,370 

{      384 
20.074 
1  9.  .WO 
2.480 
IU5 
'•      575 

10. 257 

510 

1.041 

'fl.437 

'5,"684 

1.8.14 

VA 

310 

15 

617 

3,->0 
70 

42.'47i 
3.  31(1 

1  9.014 
2.021! 
1. 01'. 

m 

341 

64r 

2.088 
023 
413 

rM 

18,120 

... 

3, 247 

2,214 

00 

00:1 

7,687 

"70 

20,' .192 

1  4.711 

10, 061 

1,880 

529 

30 

\ 
1,875 
148 
348 



iVsoi 

"4.  Tie 


2(1 

!    474 

; 

i 

244 

i4,'466 

i6,'2i2 

4,  (Ml 

01 B 

O.^ 

80 

27C 

1     ... 
27,21.'- 

'7.' 384 

1,  un 

'■'81(1 
2.- 

! 

20, 830 

7."  .523 
4,717 
5H.S 
27r 
107 
504 


48 

"014 
2.450 


1 

;  2,002 





2,490 



i 1 

Fish. 

Total 
home. 

Tot>. 
forcig 

1 
n. 

30 

Grand 
total. 

X«ckm>l 

b 

arrels. 
.do... 

do... 
.do... 
.do... 

do  . . 

30.701 

.       54.002 

20,492 

1, 351 

500 

105.7 

196,493 

jJKkerel,  Boston  fleet,  li 
Hntiiij; 

ispecU 

>d 

'  '29.'3i6' 

6.  (382 

2, 332 

098 

181.115 

55, 802 

ikwives  

7.033 

Wmon 

2.892 

Ttout 

008 

'wDf,  smokwl 

boxes. 

.do  .. 

intala. 

.do... 

.do... 

do... 

do... 

boxes. 

arrels. 

.      202,482 

20.603 

.      124.338 

32, 222 

9, 172 

1, 523 

1,302 

9.046 

443,  .-597 

•™tft»,  smoked 

20.003 

w .... 

-.  an 

39,451 

9.HI0 

970 

2.702 

187 

54 

1.075 

10:1, 789 

Hike 

42,  0;j2 

Bidilwk..         

10, 148 

Niock ;■.:::;:;■■■ 

4,285 

cwk ; 

i,r>4» 

iwl*«sfl»h 

9, 700 

iti 

b 

1.075 

'^ 

:<m 


870  AMERICAN  FISHERY  INTERESTS. 

Maasachnaetts  caich  of  mackerel  for  seventy-seven  years,  1804-1880. 


Seventh  AyNOAi 


Tear. 


Tctal. 


1R04 
1805 
1800 
1S07 
1808 
1809 
1810 


•8,079 

a,  o:iG 

8,473 

10,004 

7,738 

8,865 

13,058 


Year.I 


1811 

n.soo 

1812 

0,760 

1813  

3,  8.32 

18i4 

1,340 

1815  

10,304 

1813  

30, 021 

X817- 

37,482 

Total. 


Year. 


1818 
1810 
1820 
1821 

1823 
1824 


Year. 


1825. 
1820. 
1837. 

1828  . 

1829  . 

leso. 

1831. 
1832. 
1833. 
182<. 
183d- 

1830  ■ 
1837. 
1828. 
1830- 
1840. 
1841  ■ 
1842- 
1)143- 
1844 
1845  - 
184<?- 
1847- 
1848- 
1849- 
1850. 
18S1  ■ 
1852- 
1853- 
1854- 
18o5. 
1850- 
1857- 
1858- 
185C- 

^380- 
^861- 
1862- 
18C3- 
1864- 
1865- 
1866- 
18C7. 
1868- 
1860. 
1870- 
1871- 
1872- 
1873. 
1874. 
1876. 
]87«. 
1877. 
1878. 
1870. 
1880. 


Oaality. 


No.l. 


29, 

«, 
81, 
63, 
54, 
47, 
70, 
28, 
54, 
80, 
48, 
50, 
31, 
37, 
22, 
19, 
23, 
29, 
32, 
28, 
128, 
149, 
104, 
20, 
60, 
88, 
9C, 
92, 
49, 
30, 
29, 
89, 
91, 
7."). 
51, 
58, 
70, 
81, 
07, 
103, 
153, 
I'M, 
122, 

m, 

71, 
66, 

105, 
71. 
83, 

112, 
33, 
30, 
18, 
14, 
9, 


687 
409 

;i57 

235 
184 
S02 
198 
678 
559 
434 
217 
311 
306 
968 
191 
350 
747 
303 
759 
843 
086 
338 
150 
459 
300 
401 
763 
617 
UIO 
095 
487 
032 
017 
347 
330 
828 
877 
902 
985 
383 
723 
322 
308 
092 
914 
046 
187 
867 
687 
071 
100 
839 
015 
094 
025 


No.  2. 


109,  840 

80, 684 

■00,341 

110,600 

100,471 

104, 560 

171,206 

07,220 

98, 025 

93,  653 

57,271 

60, 558 

61, 027 

28,  MS 

22,037 

11,  049 

10. 241 
22, 490 
13,088 
22,  515 

85,  ems 

73,403 
70,007 
88, 406 
94, 847 
44,909 
102, 407 
73, 793 
21,583 

40. 242 
91,025 
76, 81C 
49, 77ri 
21,929 
12,160 

122, 837 

100, 280 

78, 388 

1,36,  075 

137,  746 

63, 562 

36, 318 

;u,  038 

42, 202 

92,019 

189, 422 

85, 887 

54,317 

63,  888 

71,422 

19, 275 

90,778 

37, 208 

48, 170 

94,114 


No.  3. 


114,904 
35,  657 
39, 612 
6'l,  432 
65, 222 

:56, 024 

142,  i64 
90,554 
60, 442 
78,  897 
91,923 
60,187 
52,  558 
44,184 
.30, 015 
20,091 
21,149 
23, 684 
18,604 
34,  823 
88,  520 
65,  620 
71,  760 

108, 176 
67, 709 
87,  604 

13.7,  597 
47,n«;0 
ou,  987 
55, 133 
9,000 
47,  088 
49,  962 
32, 333 
22, 207 
59,  !)78 
22, 485 

100,  Oil 

102, 001 
32,  212 
35, 260 
44,481 
41,948 
44, 077 
6,-.,  717 
63, 019 
68,322 
55,  603 
37,795 
73,  960 
73,  J75 
03, 481 
37, 700 
70, 170 
54,806 


■  Mostly  2'ii  and  S's. 


No.  4. 


21,  aw 

614 

.3,104 

19,843 

3,378 

1,338 

178 

724 

1,»»2 

4,148 

3,460 

6)3 

562 

280 

14 

224 

26» 

418 

02 

3,  r,49 

32 

;t8 
iir. 

3C« 

"4,'20l" 

4,818 

12,094 

11,765 

352 


Total. 


Of  the  numerous  ia 
|iP.<it,  ai'.d  possessea  i 
llienlarly  CDgaged  in  i 
IjgiT,  particularly  the 
Ibving  been  destroyo* 
liliiiDilaDCo  of  fish  in 
l&iope.  The  Pilgrims 
IrfKiDg  James  to  ^^he 
jiijsef"  the  brief  repl 
I 'So  God  have  my  soul 
liiqaest  was  granted. 
Ifom  starvation ;  that 
liberies;  that  the  Gov 
liiportant  services  renc 
Inll  known.  With  th< 
Ibr^e  deets  engaged  ii 
liliich  tisb  products  foi 
Itas  carried  on  in  its  pi 
j  Of  late  years  many  i 
ISiefisberies.  A  largo  i 
Ik  ve?9el8.  The  busii 
Ititiness  (with  the  exec 
I  Although  fewer  port 
ItiiiDes  of  importance,  w: 
■to, 

_  The  many  new  ways  i 

la  J  large  number  of  pe 

m«m>  in  the  number  of 

|t!>t  any  previous  time 

J  Wore  turning  to  the 

JKiiitrast  the  past  with  t 

I  In  the  past,  as  at  the 

lUca  for  all  varieties  of 

"  re,  in  old'-n  time,  th( 

ipcers  or  from  the  vess 

psuire,  and  other  j 

Iwions.    Dry  fish  was  1 

WftlM  fish  were  shippt 

I'M  made  in  the  most  p 

|bD(l-ljue  only  being  ns 

|»g,"  the  latter  mode  by 

"i  line  attached,  the  v 

dhand-line,  r.c  "jigg 

(annually  carried  on 

pg  confined  chiefly  t( 

I  Althongh  Boston  wes 

Jfcre  was  not  a  single  i 

Wat  year  Mr,  Ebeuezer 

fcLon^'  Wharf.    For  fi 

'1830  two  other  firms 

fegroccrs  giving  it  up 

Nme,  as  the  business  i 

[  itoni  the  first  settlou 

Tied  uD  in  a  retail  ma 

» market;  ice  was  not 

■  Duriuf?  the  summer  ( 

the  winter  it  was  tea 

n  Mawaehusetts  Bay, 

pigliboring  ports.     Dur 

JlieanisfroniqapeAnn 

«»,  and  carried  on  fron 

"fw  above.    Theoyetoi 

i-m  .lujy  to  Septem 

fiLicroaMcd  better  faci  I 

«eire,sh-fi8h  store  was  ( 

T'  l»ing  the  pioneers. 


AMERICAN  FISHERY  INTERESTS. 


871 


Seventh  AiiTiDAL  Report  of  thb  Boston  Pish  Bureau,  January,  1888. 


NEW  ENGLAND  FISnERIES. 

Of  the  numeroas  indiiLtries  of  New  England  that  of  tlio  flsliories  is  no  dc"bt  the 
|^.<it,  a><.(l  possessea  much  of  historic  and  present  interest  to  others  than  those  par- 
ItltnUrly  engaged  in  it.  At  numerous  times  much  has  boen  written  of  it  yet  its  his- 
Iwj,  particularly  tlie  statistical  portion  is  much  broken,  many  of  the  old  record? 
[bring  been  destroyed,  with  no  copies  in  existence.  As  early  as  1618  we  find  the 
iiliawlanco  of  iish  in  the  waters  of  Massachusetts  Bay  had  attracted  attention  in 
l&iope,  The  Pilgrims  going  from  Leyden  to  England  in  that  year  to  solicit  consent 
IrfKing  James  to  their  going  to  America,  the  king  inqiitred,  "  What  profit  might 
jiiisef"  the  brief  reply  was  drnply  "Fishing."  To  which  King  James  responded, 
So  God  have  my  soul,  'tis  an  honest  trade  ;  'twas  the  Apostles'  own  calling."  The 
jwiaestwas  granted.  To  the  fisheries  the  credit  in  given  of  saving  the  infant  colony 
\im  starvation  ;  that  ..he  firsi  free  schools  were  suppcirted  with  an  income  from  the 
IWieries;  that  the  Governmen;  has  always  recognized  the  patriotism,  bravery,  and 
|iii|wrtant  services  rendered  the  Navy  in  time  of  need  h  y  the  fishermen,  are  all  matters 
lidl  kDOwn.  With  the  growth  of  the  country  nearly  all  the  seaport  towns  had  quite 
[luge  fleets  engaged  in  fishing,  with  numerous  vessels  engaged  in  foreign  trade,  of 
[ihich  liHb  products  formed  a  large  proportion.  For  many  generations  the  business 
jus  carried  on  in  its  primitive  way  with  no  marked  change  until  quite  recently. 

Of  late  years  many  new  industries  havs  sprung  up  that  in  size  far  surpass  that  of 
llbe  fisheries.  A  largo  number  of  ports  kave  g:ven  up  th'>  bn^iness,  others  have  but 
Ihr  ve89els.  The  business  is  gradually  being  concentrated  to  iJ  few  ports,  the  export 
ItHiness  (with  the  exception  of  an  occasioual  cargo)  confined  to  Boston. 
I  Although  fewer  porta  and  smaller  fleets  are  engaged  at  present  the  business  con- 
ItiiDes  of  importance,  with  probably  as  many  fish  caught  at  present  as  at  any  previous 
lire. 

I  The  many  new  ways  of  preparing  the  catch  for  the  market  give  employment  ashore 
llDilarge  number  oi  persons,  the  increased  facilities  for  a  catch  making  good  any  de- 
laeue  in  the  number  of  vessels,  with  fully  as  many  persons  employed  afloat  and  ashore 
liiitaDy  previous  time  with  twice  as  nany  snil. 

I  Before  turning  to  the  present  it  may  be  of  interest  to  note  a  few  of  the  changes  and 
iMtrast  the  past  with  the  present. 

I  In  the  past,  as  at  the  present  time,  Boston  was  known  as  the  chief  port  of  distribu- 
IlioDforall  varieties  of  salt-water  fish  found  in  New  England  or  Provincial  waters. 
Ilere,  in  old^n  time,  the  fishermen  came  with  their  products,  selling  the  same  to  the 
Imcers  or  from  the  vesselH  and  taken  inland  by  teams  that  came  from  Vermont,  New 
|liiDp8uirp,  and  other  parts  of  the  country  loaded  with  grain,  pork,  and  other  pro- 
prions.  Dry  fish  was  handled  loose  or  tied  up  in  bundles,  whila  mackerel  and  other 
Ipckled  fish  were  shipped  in  barrels,  halves,  or  quarters.  For  many  years  the  catch 
liuniade  in  the  most  primitive  P'anner,  for  cod  and  other  ground  fish  the  hook  and 
jkd-liue  only  being  used,  the  mackerel  catch  was  taker,  by  the  gaflf  or  by  "drail- 
\"  the  latter  mode  by  having  poles  suspended  from  the  side  of  the  vessel,  with  hook 
nine  attached,  the  vessel  being  under  sail  or  no  catch  was  made ;  later  the  hook 
Jhand-Iine,  r.c  "jigging."  With  tbese  few  appliances  a  large  amount  of  businesa  ' 
ImaDnually  carried  on,  the  catch,  with  the  e"ccption  of  the  Grand  Bank  cod  fleet, 
liing  confined  chiefly  to  the  New  England  coast. 

[  Although  Boston  wes  the  great  point  for  a  market  and  the  distribution  of  the  catch , 
^rewas  not  a  single  exclusive  wholesale  salt-fish  store  in  the  city  until  1B07.  In 
i«t  year  Mr.  Ebeuezer  Niokerson  opened  the  first  store  of  the  kind,  it  being  located 
iLong  Wharf.  For  fifteen  years  this  was  the  only  store  engaged  in  the  business; 
■*1830  two  other  firms  were  started.  From  this  commencement  the  business  grew, 
•grocers  giving  it  up  to  those  exclusively  engaged.  New  firms  started  from  time 
ktime,  as  the  business  increased. 

[From  the  first  settlement  of  Boston  pp  to  1835  the  &esh-fish  business  was  only 
iried  uD  in  a  retail  manner  by  boats  lying  at  the  docks,  and  teams  standing  about 
(market;  ice  was  not  used,  and  the  canning  of  fish  had  probably  not  been  thought 
During];  the  summer  season  the  trade  was  confined  to  a  near-home  demand.  Dur- 
Jthe  winter  it  was  teamed  inward  as  far  as  Albany  and  Montreal.  The  catch  came 
loMaiisachiisetts  Bay,  and  was  supplied  by  +he  small  fishing  vessels  from  this  and 
Nghboriug  ports.  During  cold  weather,  in  a  frozen  state,  it  was  brought  to  market 
Kteams  from  Qape  Ann  and  ports  between.  The  oyster  l)usine88  was  ofsmall  propor- 
Tii  and  carried  on  from  two  small  hulks  covered  in  and  used  for  storage  below  and 
"M  above.  The  oysters  mostly  came  from  '^apo  Cod,  never  from  south  of  New  York, 
J'.oni  .Iiilr  to  September  no  oysters  were  sold  in  Boston.  As  the  demand  for  fresh 
kiiicreasi'd  better  facilities  were  needed  to  handle  the  catch,  and  the  first  whole- 
'fiwh-tisU  store  was  opened  on  Long  Wharf  in  1835,  Messrs.  Ilolbrook,  Smith  & 
^  lieing  the  pioneers.    Their  business  was  mostly  during  the  winter  and  spring 


872 


AMEklCAN  FISHERY  INTERESTS. 


months;  through  the  warm  woiithor  it  was  confinod  to  pickled,  dry,  or  smoked  fish  ^^1  l^''"  '•''to  C.ir)t  ' 
lu  1838  this  firm  removed  to  Commercial  Wharf,  being  the  first  firm  8o  engaged  on  ^^H  piitatioii  of  (iih  f 
that  wharf,  which,  at  the  present  time,  is  the  headquarters  of  the  trade,  with  tliirtv-  ^^M  '^'  '"*■'  I'-'ickot  li 
five  wholesale  firms  engaged  in  the  immediate  vicinity.  ^^M  am' livwl  to  see  h 

Up  to  1845  the  catch  of  g'-ound  fish  was  solely  by  hook  and  hand  lino.  About  tL;it  ^^ 
year  the  trawl  was  first  introduced  by  fishermen  that  had  used  or  seen  them  used  oii 
the  coast  of  Ireland.  During  1880  the  gill  nets  wore  introduced  with  good  result  bv 
the  United  States  Fish  Commission.  At  the  present  time  all  thr^  e  of  the  luotliodH  aiu 
used  by  the  market  fishermen.  In  the  mackeral  catch  the  purse  seine  superseded  ali 
previous  methods,  and  is  now  almost  exclusively  used.  Its  use  is  said  to  date  from 
ISS.*),  although  it  did  not  come  into  general  use  for  a  number  of  years. 

As  wo  have  previously  alluded  to  the  d%crease  in  the  number  of  vessels  oiiga>'cd  in 
the  catch,  as  not  necessarily  causing  a  like  decrease  m  the  amount  of  the  ind^ustrv  or  ^H    0  r  I    t 
of  the  products,  it  is  of  interest  to  uote,  with  only  one  exception,  the  largest  catchof  ^H  t  i  annual  i 

mackerel  on  record,  as  inspected  in  Massachusetts,  was  in  1851.  In  that  year  with  ^H  ™*'"".  "^'"of  yeti 
the  h(.ok  and  line  329,000  barrels  were  caught  by  a  Heet  of  853  vessels,  hai'lin-r  fion  ^M  !l!%h^'"*'''^  '"'*-^ 
thirty  Massachusets  ports,  with  87  vessels  from  other  States— a  total  of  91U  vissois  ^B  Xe  [•'P^rt  by 
manned  by  9,1)S)3  fishermen.  During  the  past  year,  with  the  purse  seino,  a  catch »{  ^H  ,m  "  ""•  '*'^°^  th 
:K)1,657  barrels  was  made  with  a  fleet  numbering  298  si,,il  from  Massachusetts  Km  ^M  f  ™^)',l"''"y  hep 
Hampshire,  and  Maine,  with  4,258  fishermen  engaged.  We  do  not  propose  to  d'is'Mhs  ^H  "''""";"'>'  receipts 
the  question  as  to  the  benefit  or  injury  to  the  business  by  the  now  modes  of  eaptmv,  ^H  /«iijt'w"t  "^ « '}'''  '^'' 
only  to  show  that  the  business  is  as  productive  at  the  present  time,  with  lialf  ilin^H  reciit^l  i  fK  "'* 
number  of  vessels  engaged,  as  in  past  years.  The  tables  attached  will  show  that  tlm  ^H  IfrJ^i  f  r  ,  *'"** 
fleets  are  of  no  small  size  at  the  present  time,  and  the  business  of  no  sm.ill  importiim  >■.  ^H    riiero  ^       ,^"^  P* 

The  canning  of  fish  of  almost  every  eatable  variety  hits  yearly  grown  of  iinpnrtaiiK'I^H  ™.|,,  i''  ProbaMy 
and  is  now  of  large  proportion.     This  branch  of  the  business  dates  only  fioin  1845,  iii^H  n«  fo  **  ^'^^'^  ^^  ffroa 
which  yearthe  canning  of  lobsters  and  shell-fish  began  in  M  ine,  for  some  time  the  oiily^B  iiioHier"'"  '^^*  ^     '^ 
State  that  packed  fish  in  tin  cans    It  has  been  but  a  few  years  since  the  c,  niiing  of  ibii^B  Cloiicest'^'^t '^''z*'^^®'^ 
began  in  Boston, yearly  increasing  in  amount.     Boneless  fish,  now  well  known,  aii(i^H(r)«n(i'  '''J^l'i  pon 
neatly  packed  in  packages  of  from  five  to  thirty  pounds  each,  is  found  in  all  thelead^H  iGciiide'l""  ^'''•^^  th( 
ing  grocery  stores  from  the  Atlantic  to  the  Pacific.    This  manner  of  proparinslisi^H  ||jm„„.*i  '*^p'"®Sate8 
dates  back  many  years  with  but  little  attention  given  to  it  for  a  long  time.    Oflato^H   Tlie'nii    i      ^e'^  ?° 
years  the  demand  lirom  the  fertilizing  factories  for  the  refuse  left  from  cutting  Icsstn^H  lari- but  I   h'^  ?     *''' 
ing  the  cost  of  preparation,  with  the  cleanly  manner  of  placing  on  the  niarkctam^B  jjji„i:y-  j"'''J^  from  tl 
the  saving  in  freight,  has  made  it  justly  popular  with  tne  trade ;  the  demand  yeurlj^H  j||  season        Tf  ^?*^^^' 
increases.     Its  preparation,  with  the  canning  of  fish,  gives  employment  to  a  lar'^B  fi.r tim  f  *   ^       "'ghi 
mmiber  of  men  and  women.  H  i^'J  ^j/, '"■®'  »°d  fro 

It  hardly  seems  possible  that  au  article  so  universally  used  as  ice  was  unk-iown  t^H  J/affoc  /  "'rf  ^^^^^ 
the  fish  trade  forty  jrears  ago.  At  the  present  time  no  market  fisherman  would  ' Wn^B  22  ta)ji||j//i,  ^^^^'^^ol 
of  starting  on  his  trip  (except  iu  the  winter)  without  ice  any  more  than  without  '"''^B  god  smali  ti  r*  ^*''' 
or  seine.  During  1845  vessels  first  began  carrying  ice  to  sea  with  them  and  <luali>ij^l  |j,j„  j,j  ,Jaf.  ^  he  first  f 
to  use  it  in  packing  fish  for  shipment  j  previous  to  that  date  its  use  was  consiilsre^Bjeinevco-  f  ^'^'"'"'•'" 
injurious  to  the  fish.  At  the  present  time  about  20,000,000  pounds  are  annually  "s^^B mackerel "^fin  ,  *^  ^^ 
by  vessels  and  dealers.  Through  its  use  fresh  fish  are  now  shipped  at  all  Hcasniis(^HumA,i..f„'  •  ,  '^^^rels  ( 
tlie  year  as  far  inland  as  Chicago.  ■je"ron  An"l  or"'  ^'^ 

As  far  back  as  we  find  any  record  of  the  fishing  business,  we  find  the  use  of  netsd^By  ^  mil     f        *^'*' 

.  some  kind  in  takinjj  the  catch.    In  past  years  those  used  by  the  New  England  lisin'^Bitljost  diir'^'*  "Om  Bar 

men  were  mostly  "  liome  made."    During  the  winter  or  stormy  seaeon  the  ''slienna^B^jj  j,    . ,  "'ff  the  seae 

with  wife  and  family  found  plenty  of  work  in  making  nets.    Of  late  years  their  nj^Bgj^^.^  durin    x^®'*  Sont 

in  the  various  branches  of  the  fisheries  has  largely  increased.    They  are  now  lunr^H  ^  ^^^  season 

all  factory-made  of  a  great  variety,  including  the  fine  flax-thread  net  of  the  RJiii^HJ'ai' 

fishery,  the  larger  purse  seine  of  the  mackerel  and  menhaden  catch,  the  large  (IrMHIi'iie 

nets  of  the  Southern  fisheries  as  well  as  numerous  other  varieties.  ^gwly 

Two  large  factories  in  this  city  give  employment  to  some  TiOO  persons,  mostly  gir^Hj' just 

furnishing  most  of  the  seines  and  nets  used  on  the  V/estem  lakes  and  rivers  as  w^^flXernber. 

as  the  Atlantic  coast  fisheries,  with  some  demand  for  export.    The  first  factory ^■'f'olier  ... 

Boston  was  started  in  1842;  from  that  date  unti!  1865  the  nets  wera  all  hand-inai^B  ^ j.  ,  '' 

In  the  latter  year  machinery  was  first  introdnci-d  in  their  manufacture  in  tlii^'''^BlieN«,v  p*^'^  ?    '•*  Nove 

and  is  now  almost  exclusively  used.    We  have  briefly  alluded  to  the  various  ud^Hjj'j^^^'^nffhind  fleet, 

branches  of  the  fishing  industry.    Another  branch  largely  represented  in  Bostoii^KpffjgAiJ^'^'^^i'Q  Massac 

that  of  the  Provincial  catch  sent  to  the  Boston  market  for  sale.    Our  ^•'''''''''^■i,  ffjij'i   ^"'samoun 

monthly  receipts  will  show  the  amount  of  the  past  year,  which  is  less  than  tbeav^B^^j        'o  noticed,  th( 

age  of  late  years,  caused  by  the  partial  failure  of  their  catch.    The  earliest  ''™"^^Ktcli'[|„;    '^"'l^'ined  gc 

the  importation  of  mackerel  that  wo  find  is  of  7  barrels  in  1821.    From  that  dati'  "I^K,  wit ,     ^'^^^n  off  th 

1831  only  a  few  hundred  barrels  were  annually  import'id.     In  the  latter  year,  i'^^K,' ,i,   ,.  '"'""o  No.  I's,  a 

increasing  up  to  1841  to  10,887;  from  that  year  until  1849  the  records  'vero deBtroj^K |||  J„     f    »°  record 

by  fire.    In  the  latter  year  it  had  increased  to  138,505  barrels;  and  veailv.  fromtta™,        "«  to  $4  for  pj 

date,  from  50,000  to  100,000  )>arrel8  of  mackerel,  with  a  large  amount  of  all  the  "l|^K2'8    s ."?  """^^s :  J 

varieties  offish  caught  iu  the  Provinces  find  a  ready  market  in  Boston.  ^KuIipV  er'^i;?']!?''^'''  $4.2 

^^"«0  §*)..)0,  $9, 119^ 


AMF.RtCAN   FISIIERV    INTERESTS. 


873 


The  laU)  C.ipt.  T.  J.  Jou.'s  is  oretlitoil  with  bning  one  of  t,ho  first  pionoors  in  tho  im- 
putation of  llsli  from  Uio  Provinces,  lieinjj;  cugaj^tul  as  master  of  the  Boston  and  Hali- 
la;  mail  i)iickct  from  IbIM  until  1814.  llo  early  introduced  the  importation  of  tish 
am'  livwl  to  see  his  efforts  grow  into  a  hirge  and  important  branch  of  the  business. 


Report.— 1881. 

Office  of  Boston  Fish  Bureau,  176  Atlantic  Avenue, 

Beaton,  January  2,  1882. 

Onr  l.-vst  annual  report,  showing  a  more  prosperous  condition  of  the  fisheries  than 
f,)r  a  miinber  of  years,  was  closed  with  the  "  hope  that  the  record  of  the  coming  sea- 
son's business  may  bo  more  favorable  than  the  one  just  ended."  We  are  pleased  to 
open  this  report  by  calling  attention  to  the  tables  attached,  which  speak  for  them- 
j«>!ve8.  and  show  that  the  hope  then  expressed  has  been  fulfilled,  and  the  season  of 
Wil  may  justly  bo  placed  on  record  as  the  most  successful  one  for  years.  The  statistics 
cfinoiitliiy  receipts  also  showqnite  an  increaseof  business  by  Boston  dealers,  and  that 
this  market  has  at  all  times  been  well  supplied  with  nearly  every  vaviety  of  cured 
(salt-water)  fish,  taken  in  New  England  and  provincial  waters.  That  this  fact  is  aj)- 
jireciatiHl  by  the  trade  is  evident  in  the  steady  gain  of  business,  as  shown  in  the  table 
of  receipts  for  tho  past  five  years. 

There  is;  probably  no  industry  with  like  capital  and  number  of  peryons  engaged  that 
yearly  hLows  as  great  a  loss  of  life  and  proper)  y.  \^'^ith  no  severe  gales  or  storms,  the 
past  season  yet  shows  considerable  loss,  and  this  mnst  be  recorded  as  the  dark  side  of 
tn  otherwise  prosperous  year.  The  losses,  as  usual,  nearly  all  fall  on  the  bankers  from 
Glnncester,  that  port  losing  7  sail,  with  43  men,  the  value  of  vessels  and  property 
$3,H0O,  on  which  there  was  insurance  of  520,493.  The  loss  of  life  from  other  ports 
included  aggregates  a  total  of  50  men,  while  the  loss  of  property  has  been  limited  to 
damaged  sails  and  numerous  seine-boats. 

The  number  of  sail,  catch,  and  persons  employed  in  the  codfish  and  mackerel  fishery 
vary  but  liitle  from  that  of  1880 ;  the  catch  reported  by  them  in  the  aggregate,  as  well 
;  as  iudividual  vessels,  shows  a  favorable  gain.  The  catch  has  found  a  ready  market  ut 
ill  seasons,  with  higher  prices  than  for  several  years.  Much  encouragement  is  felt 
for  the  future,  and  from  all  siden  we  hear  of  active  preparations  for  the  business  of 
\ki,  with  some  addition  to  the  number  of  sail,  a  number  of  which  are  new  vessels. 

Mttclcerel — The  catch  opened  unusually  early,  schooner  Edward  E.  Webster  on  March 
retaking  the  first  fare,  32,700  mackerel,  800  of  which  were  large,  balance  medium 
1  »Qil  small.  The  first  fare  of  new  salt  mackerel  arrived  in  Boston  May  9,  one  day  earlier 
I  than  in  1880,  schooner  Roger  Williams  landing  240  barrels  that  were  caught  off  tho 
I  Jersey  coast.  May  10,  schooner  J.  S.  McQuinn  arrived  with  the  first  fare  of  fresh 
I  mackerel,  200  barrels  caught  southeaot  from  Sandy  Hook.  First  cargo  arrived  fresh 
juraedato  in  1880.  May  4  the  first  catch  was  made  in  the  weirs  at  Cape  Cod;  previous 
jyearon  April  26.  March  25,  schooner  Lizzie  K.  Clark  was  capsized  by  a  squall  and 
llost,  '20  miles  from  Barnegat ;  the  crew  were  saved.  This  waa  the  only  mackerel  ves- 
pllnstdnring  the  season.  Although  the  season  opened  early  the  catch  up  to  .Jnn<\ 
has  mostly  taken  South  i.nd  sold  fresh.  The  catch  of  cured  mackerel  reported  at  this 
loliice  during  the  season,  up  to  November,  was  &3  follows : 

iKay : barrels..  1,G70 

iJone do..--  38,683 

•% do....  81,748 

jiist do 70,424 

iepleniber do 71,043 

>tober do....  57,268 

Aligl.t  catch  in  November  brought  the  season  to  an  early  close,  the  total  catch  of 
»eN«w  England  fleet,  of  298  sail,  being  391,657  barrels,  of  which  269,495  were  packed 
tod  insi)eutud  in  Massachusetts,  a  gain  in  the  Massachusetts  inspection  of  19,534  barrels 
Rrl880.  This  amount  has  been  exceeded  but  five  times  in  seventy-eight  years. 
Ui  will  be  noticed,  the  catch  off  the  New  England  coast  opened  a  little  later  than 
M,  and  continned  good  all  the  season,  with  the  exception  of  470  barrels  the  entire 
ptch  being  taken  oft"  the  United  States  coast.  The  size  and  quality  were  of  an  aver- 
p  with  more  No.  I's,  and  an  absence  of  the  very  small,  or  No.  4.  The  price  opened 
Kthfl  lirstsale  recorded  being  at  ^4.50  a  barrel  for  large,  $3.75  for  medinm,  falling 
"in  Juno  to  |;4  for  packed,  or  early  3's ;  inspected  3'8,  2*8,  and  I's  selling  through 

jeseasn-i  .as  follows :  July,  $3.25,  $3.50  for  3'h;  $5.25,  $5.50  for2'8.   August,  $3.25,  3*8  ; 

Vh.   September,  $4.25,  3's;  $6.50,  2's;  $16,  I's.    October,  $6,  $8  to  $9,  $18.     No- 

inber,  SC-SO,  $9,  $19.    December,  $7.50,  S's ;  $9  to  $10,  2's ;  $20,  I's. 


m4t 


AMERICAN   FtStlERY   mTEREStS. 


The  catcli  in  Provincial  wiiters  bning  a  fiiilure,  our  imports  show  a  failing  off  of 
43,880  barrels.  Fortnnatoly  very  few  American  vessels  visited  them,  securing  only 
470  barrels;  they  returned  home  in  season  to  make  a  good  record. 

Coflfiah,  with  which  we  may  include  the  other  varieties  of  ground  fish,  li.ivo  been 
of  an  average  catch,  both  oil"  the  New  England  coast  as  well  as  the  Grand  and  Western 
Baube.  The  receipts  in  this  market  show  quite  a  gain  over  the  past  few  years.  A 
steady  increased  homo  demand,  with  an  average  export  shipment,  has  hold  prices 
firm  at  an  advance  of  $1  to  $1.25  a  quintal  over  the  previous  year.  Vessels  that  went 
to  the  Grand  Bunks  made  long  voyages,  yet  generally  returued  with  full  fares,  gome 
exceptionally  largo;  of  which  we  notice  schooner  VVillio  McKay,  of  Provincetown 
Vith  3,700  quintals,  making  a  stock  of  $14,000. 

Herring. — The  shore  catch  of  herring  being  nuich  less  than  that  of  1880,  our  domestic 
receipts  show  a  decrease,  which  is  made  up  from  the  Provinces;  the  total  receipts  a 
slight  gain. 

Salmon. — A  failure  of  the  catch  in  provincial  waters  accounts  for  Braall  receipts. 
The  decrease  having  been  made  up  by  receipts  from  California,  our  receipts  showing 
a  small  gain. 

Box  herring. — Tae  receipts,  612, 1  '  boxes,  are  an  iucvease  of  108,825  boxes  over  that 
of  1880,  and  the  largest  on  record.  Large  as  this  amount  is  it  has  all  gone  into  con- 
sumption, and  no  stock  remains  on  the  market. 

Other  varieties  of  lish  are  without  special  change ;  with  but  few  exceptions  the  re- 
ceipts have  been  in  excess  of  last  year. 

Fresh  fish. — This  branch  of  the  fish  business  of  Boston  is  now  of  considerable  im- 
portance, annually  handling  some  30,000,000  pounds  of  fresh  fish,  and  duringthopast 
year  70,000  barrels  of  fresh  mackerel  and  18,000  barrels  of  frozen  herriug.    Theoitcli 
has  been  an  average  one,  at  nearly  all  times  suppiving  a  demand  from  all  pario  of} 
the  country,  as  far  west  as  Chicago,  for  the  numerous  varieties  of  salt-water  fish  found  \ 
in  these  waters.    The  vessels  and  men  engaged  in  this  branch  do  not  appear  ia  our  j 
statistics. 

Canned  fish. — We  have  previously  alluded  to  this  branch  of  the  business,  of  its  com-  i 
mencement  in  the  country.  Until  the  past  few  years  this  market  has  been  supplied  | 
with  large  quantities  of  goods  packed  at  other  ports,  many  of  the  factories  beinj; ' 
owned  here.  During  the  past  two  years  the  business  of  packing  has  been  largely  in-  j 
creased  in  this  city ;  during  the  past  season,  of  fresh  mackerel,  about  .50,000  cases, or 
2,200,0.00  1-pound  cans,  have  been  packed,  and  much  of  the  time  the  demand  has  not  1 
been  supplied.  This  branch  of  the  business,  buying  and  packing  several  hundred  I 
barrels  a  day,  when  the  fish  can  be  procured,  is  of  mucli  value  to  the  vessels  that  give  I 
their  attention  to  selling  ftesh.  It  is  also  of  value  in  giving  employment  to  lar^e 
numbers  of  employes  in  the  factories.  Nearly  all  the  usual  varieties  of  fish  found  in  j 
our  markets  are  now  more  or  less  packed  in  tin  cans  by  our  packers,  all  of  whicbaiej 
meeting  with  favor  and  a  constantly  increasing  demand. 

Foreign  imports  and  exports. — Our  monthly  table  of  receipts  will  show  that  this  city  j 
continues  to  be  a  leading  market  for  the  fish  productions  of  the  Provinces.  Duringl 
the  past  year  the  receipts  in  most  cases  show  a  decrease,  caused  by  the  partial  failnrel 
of  the  provincial  catch.  I 

Our  foreign  exports  have  been  of  an  average  amount.  As  long  as  the  domestic  de-J 
niand  yearly  increases  the  want  of  large  exports  to  dispose  of  the  catch  is  not  felt,! 
as  in  past  years.  T 

As  wo  close  our  report  wo  wish  to  return  ourthauks  to  our  numerous  corresy-andent^ 
that  have,  from  time  to  time,  furnished  us  with  information,  and  at  the  close  of  tli^ 
season  aided  us  in  giving  a  complete  record  of  the  business  by  ports.  We  shall  b« 
liappy  to  return  the  favor  and  do  all  in  our  power  to  aid  the  New  England  fisbinj 
industry. 

W.  A.  WILCOX,  Secretary. 


Urge  catches  and  "» 


Schooner  Alice,  Swan'n  1 

Sibooncr  Kilward  E.  Wo 

jirbooDi-r  Isiiac  Rioli,  8w 

Schooner  Kriiiik  liiitl(!r, 

Sfb(»iior  A.  K.  Ilerriok, 

Schooner Rob(' It  I'ottis, 

Schooner  Rogci  Williiiin 

SthooDer  ]{.  J.  Evans.  11 

Schoonei-  LoiiLso  and  Koh 

Schooner  Stci  tio  and  Del 

Schooner Ueriio  IMi-ich,  J 

SciioontT  Elien  Dale,  Noi 

Schooner  Oasis,  Nortli  II 

Schooner  Coia  Sniitli,  N«i 

[  Schooner  Lottie  UopkluH 

Schooner  David  Bi'owu,  2 

Schooner  Dictator,  Harw 

Scbfiner  A.  H.  Wbitnior 

Schooner  Miautououiob,  I 

I  Schooner  F.  M.  Loring,  ( 

Schoonei  Daniel  .J.  Marcv 

Schooner  if  ary  Sn«w,  I'l'c 

Schoouor  Lhiiii  Tlioiiipso 

Schooner  0.  \V.  Jirown,  1 

Schooner  Alaska,  Soutlipc 

,><hooner  Emma  O.  (JiirtiH 

Schooner  American  Kiltie 

Schooner  LongwooU,  Prov 

Schooner  Alice,  Uoston 

Schooner  Eiltlie  Pierce,  Bii 

Schooner  ^'epoQRot,  Bosto 


•  3,G6.5  ha 
n.eOObn 
n'heHe 

*  Averac( 


Xew  England  fleet 


Ports. 


I  Huwliuaetw : 

lieveily 

Chulliam    

Soiitli  Cliatham..." 

llfiniisport 

Sonlli  Dartmouth. 

raiiliaven 

Gloueeater...."" 

Harwich 

Kinsaton .""' 

Jlarlileliead '..'. 

I'rovincptown 

flymomli .' 

Kocjiport '.".'." 


Total . 


llfHainpHbiro: 
I,. Portsmouth.... 

|llllll';  

Booth  Bay.... 

Biifli«port.!.'*!i ■ 

o'emen... 

C«lai«..    

Deer Isle.! 

fistport...    

(iforgefown  '.'. 

I'Moock  

HarrwolY .".'." 

^"rtb  Haven. , 

i^iwnijt  credited  to  ^^l,  , 
K;y,«««'<'froniothtr 
"•"liiittleot  included  In  ni 


AMERICAN   FISHERY    INTERESTS. 


STf) 


lirgtcalches  and  ^'utocka"  by  the  mackerel  fleet  in  New  England  waters— season  of  1H81. 


Kama  of  vessel  anil  liomo  port. 


Schooner  Alii'o,  Swnn's  THlnnd,  Me' 

Si booncr Ed wurd  E.  Webster,  Gloucester,  Mass' 

Schooner  I»aac  Kiuli,  Swan's  iHlund,  Mo 

Schooner  Kruiik  Biiticr.  Uoston  

StboonorA.  K.  Ilerrick,  Swnu's  Island.  Me' , 

Schooner  Robert  Pettis,  Wellfleet,  Mass , 

Schooner  Roger  Wiltianm,  Nori b  llaveu,  Me 

Schooner  It.  J.  Evans,  Harwicbport,  Mass 

Schooner  Louise  and  Rosie,  ISooth  Hay,  Mo 

Schooner  Mi'itie  and  Uelmur,  Soiitb  ('liatbani,  Mass 

Schooner liertii)  Pji-roe,  Noitb  Haven.  Me 

Sciiooner  Eben  Dale,  Nortb  Haven,  Me 

Schooner  Oasis,  North  Uaven.  Mo    

Schooner  Coi-a  Sniitb,  North  Haven,  M     

Schooner  Lottie  Hopkins,  Nortli  Uavei>,  Me 

Sthooner  David  Brown,  North  Haven,  Me 

Schooner  Dictator,  Harwicbport,  Mast 

Schcner  A.  H.  Whitmore,  Deerlsl'.Mo 

Schooner  Miautouimiob,  Newburyport,  Moss 

I  Schooner  F.  M.  Lorin^,  Cohasset,  Mass 

Schooner  Daniel  J.  Marcy,  Portsmontb,  N.  H , 

I  Sehoouer  Mary  Snow,  IMoviucetown,  Ma.ss 

Schooner  Lizzie  Thompson,  Newburyport,  Mass 

Schooner  G.  W.  Brown,  Newburyport,  Mass , 

Schooner  Alaska,  Southport,  Mp     

Schooner  Emma  O.  Curtis,  Prov..  -  Mass 

Schooner  American  Kanlc,  Proviuv-^  ....„,  Mass 

Schooner  Long  wood,  ProvinootflWi.,  Mass 

Schooner  Alice,  Boston 

Schooner  Eddie  Pieroe,  Boston 

Schooner  Neponset,  Boston 


Barrels 
cured. 

4,  OO.J 
4,  MO 
:»,  :i70 

•J,  000 
•J,  -.'SO 
•J,  Mo 
2, 450 
il,  UUO 
.•I,  ()J8 
3,0U5 


<2,300 


2,460 
'.',  07.5 
2,  poo 
1,  ()»8 
1,1)00 
1,602 
l,ii50 
1,210 
1, 2.)5 
1, 225 
1,  1!)0 
1,125 
2, 004 
2,079 
i,  100 


'  3,665  barrels  pickled,  and  1,240  barrels  fre.»h;  total,  4,905  barrels. 

*  1,600  barrels  pickled,  and  2,000  barrels  fresh ;  total,  4,600  barrels. 
'The  Herrlck  did  not  sail  until  July  i'i, 

*  Averace  barrels  each. 


Aniciunt  of 
stock. 

$28,  (i5.-  2:1 

20.  .■>7o  (jO 

l,").  .'■.HO  '10 

]fi.  (IIIO  (U 

i:t,  U74  (H) 

12.41!)  18 

12,  000  00 

I'J,  (100  00 

II,. "m7   IO 

]4,  ]:iK  00 

11,000  Oil 

11,500  00 

11,000  00 

11,000  00 

U,  000  00 

(i,  000  CO 

10,v)."iO  00 

10,  IM  00 

I),  000  Oil 

il,40»  00 

H, 400  00 

7,  825  00 

7,  000  00 

.1,750  00 

6, 083  00 

Not  reported. 

Notrepoiteil. 

Not  reported. 

Not  reported. 

Not  reiMirted. 

10,  800  00 


4 


m 


rS 


Xew  England  fleet  catch  of  codfish,  as  reported  to  the  Boston  Fish  liureati,  1881. 


Ports. 


I  lusaotiusotis : 

Beverly 

Chatham    

South  Chatham... 

Ueuniapiirt 

Sirath  Dartmouth. 

Kanhaven 

Olouceater 

Harwich 

Kinsston 

Marlilehcwl 

Prorincotown 

Plymouth 

Eockport 


Total. 


|S(»  Hampshire : 
I    Portsmouth.. 

Illilll'; 

Booth  Bay ... 
BiK'ksport... 

Bremen 

Calais 

Deer  We 

fjstport 

'ieornefown  . 

Hancock 

Harpwcll 

Mk  Uaven  . 


ja 

o 
•A 

.a>. 


10 


10 


U  00 

O- 

'.a  o 
W-sg 


1 
1 

107 
1 
8 
1 
4(< 
7 


179 


1 
153 


178 


15 
18 


4 

2 
1 

17 
10 


10 
4 


3 
o 
H 


13 
4 
1 
2 
1 
2 
260 
1 
3 
1 

64 
7 
8 


£ 

3 

o 


120 
43 
10 
28 
10 
20 
2,010 
10 
31 
12 

021 
71 
65 


O 


a  >, 

—  ri 

-w 
el 

o 


•9  a 

S  " 

«  o 

°^  . 
sg« 

o 

i^rinl'n. 

»,8J0 

800 

8."0 


10,  300 


367 

4,254 

21 

234 

27 

192 

6 

80 

8 

65 

3 

20 

1 

6 

20 

200 

10 

58 

2 

25 

10 

70 

9 

75 

10, 300 


000 

820 

105,  700 

4jO 

2, 4(iO 

1,2'/U 

74  jOO 

.»,  120 

1,5U0 


263,51)0   274,750 


41 


'•3   ■ 
'  a  I 

'  js 


30 

3  ^ 


o 

Quint's, 

550 
1,000 

'"  600 


.a 

a 

a 


o 
H 


1,108 
2GG,  100 


2,017 
3,375 


9,  000       5,  000 


8,050 

6, 820 

5,000 

800 


3,500 


4,000 


2,000 


11,022 

1,800 

2,  500 

,500 

24,500 

.5,  500 

9,700 
4,500 


QtUnt's. 

10,400 

1,800 

8.J0 

000 

900 

1,  928 

431,  800 

4.50 

2, 400 

I, '200 

86,  317 

6,120 

4,875 


at 

« 

a  4) 

era 

s  = 


QuinVs. 
250 
500 


108 
(•  t) 


548,640 


072 


875 


14,000 

19,  072 

.  0,  H2fl 

6,  HOD 

3,300 

500 

28, 000 
.5,500 
4,000 
9,  700 
0,500 


3,500 
'9,  282 


2,500 

'2?,m 

4,000 


0,900 
4,500 


i^Monnt  credited  to  oacli  port  M  tlie  amount  landed  there,  vessels  from  this  port  landed  at  other 

■pi!  ami  vessels  from  othtr  ports  landed  at  this  000. 

1  Milmt  lleot  inoladed  in  number  of  sail,  their  oateh,  7,093,400  imands. 


m: 


87G 


AMERICAN  FISHERY   INTERESTS. 


New  England  fleet  catch  of  codfish,  aa  reported  to  the  Boston  Fish  Bureau,  1H81— Cont'd. 


Fort*. 


Maine— Continaed. 

Lamoine 

Orlaud 

I'nrtland 

Swan'H  iHlnnd 

SouthwoHt  Harbor 

Sout  rli]>ort 

Sod  wick 

Vinal  Haven 


Total . 


Total   New  Englaud 
fleet: 

18HI 

1880 


10 
lU 


^« 
a  U 

■a  M 
a  9 
«  e 

111 

'A 


4 

8 
20 


10 
1 


73 


258 

25a 


47 
4 

e 


2U 


143 


330 
3t5 


V 

« 


o 
H 


4 

•  8 

07 

4 

« 

10 

1 

2U 


210 


o 


48 
Ml 

010 
20 
48 

140 
12 

128 


1,014 


004   0,402 
57U   0,008 


t 
o 
>5 


•0  a 
E  e 

■0-9  a 
a  OS 


Qutnt'». 
e.uoo 

7,874 
18,UU0 


0,000 
1,100 


CO  Jf 

13  MO 
u 


.9 

a 

s 
s 


9 
H 


Quint'i.  Quint't. 
«,UI>0 
7,874 

7H,(H)0 
1,0W) 
4,3W 
0,600 
I.IUU 

14, 175 


00,000 
1,()0U 
4,350 


14,175 


bS 


Quinti. 


400 
35,U00 


1.3^1 


10,300 
10,  200 


72.750 


13!),  037  ;212.a«7i 


3.45,340   410,387  ,775,(127 
300,090  !335,2;)6  047, 42U 


New  England  catch  of  mackerel — amount  of  inspected  barrels  packed  at  home  ports,  m  re- 
ported to  the  Boston  Fish  Bureau,  1681. 


Porto. 


Massaohngetts : 

Jioston 

Cohasget 

Obatham 

Soufb  CbatUam. 

Dcnnisport 

Fairbttvou 

Glouoater 

Harwich 


Newbnr.vport . 

Rockport 

Provinoetown 


Wellflcot 
Total  . . 


Maine : 

Booth  Bav. 


Camden 

Deer  Isle 

Northhavon 

Portland 

Sonthport  .. 
Sedwick 


Swan's  Island 
Total 


New  Hampshire  : 
Portsmouth  -• 


Catch  of  total  Now 
England  fleet: 

1881 

1880 


a  e 
«^ 

J3 

=  ■2 


1 
60 


0 
8 

33 


130 


3 
1 
S 
35 
8 
1 

10 


67 


202 
201 


o 


40 
9 


73 


17 


.a 

s~ 

3  a 
a  " 

So 
o 
H 


21 

7 


5 
3 
1 
IflO 
0 


4 
6 

8 

30 


J 


a  VI 


290 
100 


75 

45 

13 

,548 

140 


59 

65 

120 

608 


200       2,075 


13 

3 
2 
10 
36 
8 
1 

12 


84 


03 
92 


298 
327 


186 

30 

28 

120 

400 

120 

15 

180 


1,177 


106 


4,2158 
4,778 


63, 708 

8, 013 

170 

8,940 

2,640 

220 

120, 597 

4,388 


290 
6, 175 

30,977 


246,184 


o 

CO 


5,011 


1,470 
000 


9,000 
5,500 


600 


22, 981 


5« 

I- 
h3 


Barrels. 

■09,  009 

8,013 

170 

10,  410 

3,  .546 

220 

2129, 037 

»9, 888 


=290 
0,175 

31,477 


Iiom.irk8. 


200,405 


14, 250 


2,280 

500 

91,860 

5,000 


113, 899 


8,700 


303, 783 
332,954 


800 


223 


1,700 


2,723 


1,700 


27, 404 
0,419 


»15, 059 


«2,503 

"500 

"92, 000 

5,000 

(') 

M,  700 


116,702 


•5,400 


391, 057 
349,074 


Weir  cangbt 
1, 530  weir  cauglit. 


0, 100  barrels  lamlet 
at  Booth  Bay  ud 
ditiuual. 

Total  catcli,  3,590. 
3  sail  packvil  at  lloi 

ton. 
5  f   M  packrd  at  n  II 

tou. 


6,100  of  these  lamia 
bv  Harwich  sail. 


Landed  at  NeivTnij 
anil  Pbiladelpbi* 
Soiilbern  catch. 


'  Nuraerong  vessols  from  other  ports  Inclnded. 

»  Part  of  the  (latfiii  landed  at  Boston  and  Portland.    Amount  given  paoko.l  at  home  port. 

■■"  yono  pivckod  at  home  port.  , .  ,     ,.  i 

Tho  Slioro  fleet  mentioned  above  are  onlv  the  vessels  that  fished  nowhere  else  i  to  wiiicii  raiv j 
added  tlio  Southern  and  North  Bay  fleets  after  they  returned  from  their  unsuot^sslul  erGisn  id  mui 
waters,  making  the  total  shore  fleet  298  sail. 


AMERICAN   FISHERY   INTERESTS. 

Fink  received  by  Boiton  dealers,  1878  to  1881. 


877 


Flah. 


Xickerrl barrels. 

MKlien'i,  Boston  fleet 

HtrriiiR barrels. 

silmon do... 

Iroiit -••- ..do  .. 

HcrtinjT,  snioKea boxes . 

BiMtere,  smoked do. . . 

Cod quintals. 

Hako do... 

HnUock do... 

Pollock do... 

Cask do  .. 

ShJil barrels. 

Boneless  fish boxes . 


1878. 


Domnstio 
receipts. 


31,881 

32,458 

22, 810 

4,014 


214,715 

17,629 

174, 624 

45, 7U0 

9,683 

2,6U1 

2,917 


3,015 


Forei|n> 
receiitts. 


78, 689 


42. 303 

3,117 

3,00« 

203 

171,508 


9,  034 

10,  973 

1,683 

2,247 


1,192 


Total. 


UVA. 


Doroestio 
receipts. 


i  143, 028 

65,110 

7,131 

3,900 

203 

386, 223 

17, 629 

183, 658 

56, 673 

11,363 

4,848 

2,917 

1,102 

3,015 


33,  818 

40.413 

26, 146 

795 

145 


291,473 

23. 077 

128.912 

27. 069 

9.155 

1.598 

2, 059 


6,916 


Foreign 
receipts. 


84,213 


30, 698 

5, 727 

5,868 

l,4;i7 

168,  876 


21, 089 
6,610 

922 
8, 4ii7 

212 
3,042 


Total. 


167.444 

56,844 

0.522 

6,013 

1. 437 

460. 340 

23.  077 
150.  001 

33.679 

10,  077 
5. 035 
2,271 
3,042 
6,915 


Fish. 


iUckertl barrels. 

Maoknrel,  Boston  fleet 

Hming barrels. 

ilewivts do... 

Silmon do... 

Trout do... 

Herrins.  smoked boxes . 

Bloaters,  smoked do... 

M qnintals. 

Hike do... 

Ha(l(lo«k do . . . 

Pollock do-.. 

I  Cask do... 

I  Sbail barrels. 

Boneless  fish boxes. 


1880. 


Doroestio 
receipts. 


36.761 

54,002 

26, 402 

1,351 

56U 


262. 482 

20.603 

124,338 

32,222 

9,172 

1,623 

1,362 


0,646 


Foreign 
receipts. 


10.5, 730 


29,  310 

5,682 

2,832 

698 

118. 115 


30, 151 

8.810 

976 

2,762 

187 

1,975 

54 


Total. 


^  196. 493 

5.5. 802 

7.033 

2,892 

698 

443.  597 

20, 603 

163, 489 

41,U32 

10, 148 

4,285 

1,549 

1,976 

9,700 


1881. 


Bomestio 
receipts. 


73,0i58 

69,669 

12,420 

2,184 

980 


337,  830 

29,  619 

125, 450 

41,021 

5.792 

1,773 

1,469 


14,293 


Foreign 
receipts. 


61,850 


44,906 

8.104 

1,997 

1,147 

274, 592 

810 

56,853 

7,901 

1,631 

3,020 

38 

1,152 

316 


Total. 


204.929 

56.998 

10,288 

2.977 

1.147 

612,412 

30, 429 
182.802 

48,922 
7.423 
4.703 
1,607 
1,152 

14,606 


Maaaaohuaetta  catch  of  mackerel  for  eeventy-eight  yeara — 1804-1881. 


Tear. 

Total. 

Year. 

Total. 

Tear. 

TotaL 

not 

8,079 
8,936 
8,473 

10,904 
7,738 
8,865 

13,058 

1811 

17,890 

6,750 

3,832 

1,340 

16,394 

30,021 

37,482 

1818 

47, 210 
105  433 

m 

1812 

1819 

m 

1813 

1820 

120,  602 
111.009 

IWI 

1814 

1821 

isos 

1815 

1822 

150,294 
146,006 
180, 636 

m 

1816 

1823 

IHO 

1817 

1824 

878  AMERICAN   FISHERY   INTERESTS. 

Masaaohuaetta  catch  of  mackerel  for  aeventy-eight  years— 1804-1881— Continued. 


Year. 


it- 

18.;  (J 

1827. 

1828. 

1820. 

1630. 

1831. 

1833. 

1833. 

1834. 

1835. 

1836. 

1837. 

1888. 

1830. 

1840. 

1841. 

1842. 

184;i- 

1844. 

1845. 

1846. 

1847. 

1848. 

1840. 

1850. 

1851. 

1862. 

18.53. 

1854. 

1855. 

1856 

1857. 

1858. 

1850. 

1860. 

1861. 

1862. 

1663 

1864. 

1865. 

18C6. 

1867. 

1868. 

1860. 

1870. 

1871. 

1872. 

1873. 

1874. 

1875. 

1876. 

1877. 

1878. 

1879. 

1880. 

1881. 


Quality. 


No.l. 


20, 
43,  ■! 
81, E 
63,1 
64, 
47,  ( 
70,1 
28,  ( 
54,  { 
Sa,< 
48,: 
50,; 
81,; 

37,1 
22, 

10,; 

23, 

20,: 

32,; 
28,  f 
128, 
140,: 
104,1 
20,  •) 
60, 
88,^ 
00,'; 
02,  ( 
40,  ( 
30, 1 
20, 
80,  ( 
91,  ( 

75,; 
51,; 

58,  f 

70,  ( 
81, 
07,1 

103, 5 
153,'; 
150,; 

122,; 

93, 

72,1 

66,  ( 

105,1 

71.  ( 
83,  ( 

112,1 
33,1 
30,  f 
18,  ( 
14,  ( 

e,( 

20,  •! 


No.  2. 


037 

109, 840 

490 

»(),  .584 

357 

09,341 

233 

110,666 

184 

106,471 

802 

104,  569 

108 

171,290 

678 

97, 220 

650 

08, 925 

434 

93,  553 

217 

67, 271 

311 

60,  5.')8 

306 

61,027 

068 

28,  5K8 

101 

22, 037 

350 

11,049 

747 

10,241 

363 

22,406 

750 

13,088 

843 

22,  515 

080 

8.5, 690 

338 

73, 403 

150 

76, 007 

459 

88, 4011 

300 

04,  847 

401 

44, 9(19 

763 

102, 407 

617 

73, 793 

010 

21, 583 

095 

40, 242 

487 

91,025 

032 

76,  819 

917 

49,  775 

347 

21,029 

330 

12,  16.1 

828 

122, 837 

877 

100, 286 

002 

78,  388 

085 

1.30,075 

383 

137, 740 

723 

63,  562 

322 

36,  318 

308 

46,  038 

092 

42,  262 

914 

92,010 

046 

189, 422 

187 

85,  867 

867 

54,371 

687 

63,888 

071 

•  71,  422 

106 

19,  275 

869 

96, 778 

015 

37, 208 

004 

48, 170 

025 

91, 114 

452 

104,484 

No.  8. 


114,904 
3,5,  6.57 
39, 612 
C3, 423 
65,  222 
156, 0J4 
142, 1(U 
06,  5.'>4 
69,  442 
78,  807 
91,  923 
60,187 
52,  558 
44,184 
80,015 
20, 001 
21, 140 
23,684 
18,  004 
34. 823 
88, 620 
(i.5,  ,520 
71,700 
108, 176 
67, 700 
.87,604 
135, 597 
47, 906 
30, 987 
55, 133 
9,000 
47,  088 
49,  003 
32,  333 
32, 207 
59,  578 
22, 485 
100, 01 1 
102,  601 
2.3,212 
35,  266 
44,481 
41,  948 
44,  077 
6.5,717 
63,019 
68, 222 
55, 603 
37,  705 
73,  OfiO 
73,  375 
93, 481 
37, 700 
70, 176 
54,  806 
109, 550 


No.  4. 


21,658 

614 

3,104 

19,  Ui 

3,378 

1, 338 

178 

724 

1,992 

4,148 

3,400 

033 

,502 

280  I 

14 

224  I 

269  ■ 

418  ■ 

02  ' 

3,  .549 

33  ' 

:)H  ' 

linl 

3GU  ; 


4,261  I 

4,818  I 

12,094  ' 

11,705 

352 

15,  510  1 


Total 


l.W,7J0 

i!iii,;iiii 

2.17,  K« 

n-p,«77 
3o^  183 

.182,  Cxi 
2:2,  (,i2 
222. 926 
252, f«4 
197,411 
177,  UM 
114,»91 
llll,7j0 
74,  ;h 
5(1,19(1 
.5.1.1:17 
75,i>13 
GM.5I 

2u2,:»j 

18)1,261 
2.-il,lin 

m.  111! 
2:11,  M  I 

242,,')72 
329,441 
217,  ,'•+1  ! 
1:10, 4;iJ  ' 
m.m 
):iO,i>Jo  i 
214,017  j 

VMM 

244,7u.l 

191.281 

2lill,ra 

3(ii:,94l  j 

273,3.1,-, 

2.i2,"75| 

23I,.'IMJ 

2111,712] 

179,4:i'n 

234, 190 

SIH.-.M! 

2.'i9,41tl 

18l,9,-fl4 

IS,-,,  7:16  j 

2.-1S,  ;t.'.ii  1 

13(1, 1117  J 

22.i,9IS 

10i.OI7] 

I14,2(l.)l 

1.-|.->,297J 

249 961  { 

2ffii,  195 1 


EiOHTn  Annual  Report  of  the  Boston  Fish  Bureau,  January,  1883. 

REPORT. 

Office  of  Boston  Fisn  Bureau, 

Boaton,  January  1,  1883. 
In  presenting  our  eighth  annual  report,  we  take  pleasure  in  once  more  reporting  tli^ 
fishing  industry  of  New  Englandin  a  more  flourishing  condition  than  for  many  .ycai^.j 
The  season  jnst  closed  has  been  a  successful  and  prosperous  one  to  the  producer,  andf 
a  steady  healthy  demand  with  no  failures  of  note  has  given  the  dealers  no  cause  hi 
complaint.  The  leading  varieties  of  fish,  with  the  regularity  of  the  sea.sons,  ivppeiima 
in  large  bodies,  each  giving  promise  of  more  than  an  average  catch.  An  the  soa»iii| 
advanced,  the  catch,  from  numerous  causes,  fell  off  much  from  general  oxpectatinnJ 
yet  meeting  the  demands  of  the  trade,  and  holding  prices  firm  all  the  season.  TN 
dark  side  of  the  business  must  yearly  be  noticed.  The  losses  of  life  and  property  tliij 
past  year  have  been,  with  the  exception  of  1876,  1879,  the  largest  for  many  yearr 


ijereoteon  vessels  a 

:o(lori;rouud  fUhei 

s<h  or  lives  were  lo 

riuoii  than  ever  be 

erfl  catch ;  Hchoonoi 

Murcli  11,  and  haiilt 

([fosd,  $;(!),  750,  or  no 

tor  the  two  provioui 

The  schooner  Nellie 

Dot  (juito  ns  large  ;  ' 

Our  table  of  larg 

kvB  realized  what 

The  list  might  bo  ex 

Many  vessels  iu  tl 

lice  a  t'lsw  of  them. 

toDeii'Miber  4,  IQS'i, 

ueu  shared,  $1(1U.11 

pounds  of  cod  on  the 

iVillio  JIcKu^y,  of  Pr( 

ji'ugle  voyaife.'    Man 

witli  2o(t,()00  to  a0O,0i 

Willi  tlio  success  o 

islelt  in  1 1)0  future  o 

Witli  present  aj)iili 

ilrailing  and  hand-lin 

creased  and  many  mc 

liiisiiit'ss.    During  th 

V«arlymore  attentioi 

portaiit  industries  of 

fur  Ilie  products  of  th 

Baird,  Commissioner 

111(1  practical  applicai 

States,  by  which  assu; 

piay  be  met.     Throng 

States  Census  and  Fis 

I  inowiug  the  gize  au( 

liven  the  (iggregate  re 

jlb<:  interior.     On  page 

pf.Vew  York  and  th 

I  «ter8  we  give  the  lit 

J/ociere/.— The  tota 

I  barrels;  of  this  258, 71( 

I  Kceeded  but  eight  tim 

I  ports  in  March,  more  ^ 

I  S.Rowe  took  the  first 

I  I"l  was  March  'iSl,    1 

previous  year,  on  Ma' 

I  pounds  arrived  at  Bo 

iPbty,  and  worked  no 

mU  than  for  a  numl 

The  season's  catch  is 

[to  the  previous  year 

■"^  fall  catch  being  iu 

ston,  was  the  only  v 

I  ilie  returned  with  S75  1 

I  The  catch  by  the  pro 

JlHelarge  decrease  in  tl 

I « upward  tendency  fn 

IfMr,  soiling  uninspecti 

ljiiDgmA,^ust  $6,19 

IH,?U,forNo.  rs,2'8, 

Iwcausht  in  October 

IWra  large,  a  steady  de 

limained  on  hand  at  th 

|2''««'i.'iud  235,340  q 
|r"',f"n  fares.    The  oai 


AMERICAN   FISHERY   INTERESTS. 


870 


jerenteoD  vobsoIh  and  117  raen  have  been  loat  during  the  year,  all  of  which  were  in  the 
:od  or  urouud  tishury,  uud  uoarly  all  from  the  Hiugle  port  of  Qlouceator ;  not  any  ves- 
^•hoi'liveii  were  lost  iu  the  nuiclierol  tiuhery.  Larger  stoclcH  have  been  made  the  past 
ieaMii  tlian  ever  before  i^nown.  We  notice  Hpecially  only  two  engaged  iu  tlie  maclc- 
ereU'iitiili  i  Hchooncr  Edward  E.  Webuter,  Capt.  Soioiuan  Jacobs,  of  Gloucester,  sailed 
March  11,  and  hauled  up  November  1 1,  just  eight  muutlis  eugagod ;  her  catch  realized, 
mm,  $:(l),7uO,  or  net  i$;S4,32i);  she  carried  a  crew  of  17  men.  The  stock  of  this  vessel 
fortlie  two  previous  years  in  the  mackerel  fishery  was  in  1880, 119,860 ;  1881,  $26,950. 
Tbeschouiier  Nellie  N.  Howe,  of  the  same  port,  made  a  stock  the  past  yeiir  nearly  if 
gotiiiiito  as  largo ;  we  regret  not  haviug  the  exact  amount. 

Our  tublo  of  large  stocks  in  the  mackerel  lishery  mention  over  thirty  others  who 
liive  realized  what  would  have  been  considered  small  fortunes  not  many  years  ago. 
Tbe  list  might  be  extended  to  greater  length  ;  sutllce  to  say  all  done  well. 

Many  vessels  iu  the  cod  and  tialibut  llsbery  also  have  large  records.  We  only  no- 
tice a  ti)\v  of  them.  Schooner  Grace  L.  Sears,  of  Gloucester,  from  December  31,  1881, 
to Di'i c'inber  4,  1882,  stocked  iu  tbe  halibut  tisliery,  net,  $26,420.81;  the  crew  of  14 
men  Hliarcd,  $9U>.11  each.  Schooner  H.  B.  Griffin,  of  the  same  port,  caught  400,000 
ponndu  uf  cod  on  the  Banks,  tlie  largest.  Mingle  fare  leported  from  that  i>ort.  Schooner 
'iViilic  McKa.v ,  of  Provincetown,  436,800  pounds  of  cod lish,  stock  about  1^19,000  fur  a 
iiuRle  vovage.  Many  other  vessels  from  the  last  port  arrived  home  from  the  Banks 
with  2o(l,"()00  to  300,000  pounds  of  cod  each,  realizing  from  $12,000  to  $16,000  each. 

^Vitli  tlio  success  of  the  post  two  seasons  it  is  not  surprising  that  great  conlidenco 
iaiiiit  in  the  future  of  the  New  England  tisheries. 

With  present  a]>pliauccs  for  the  catch  not  as  many  vessels  are  needed  as  in  days  of 

(Irailiiig  and  hand-line  iishing,  yet  the  cod  and  mackerel  fleets  have  boeu  largely  in- 

I  cttatied  uiul  many  more  new  vessels  will  be  linished  in  time  for  the  cimiing  seitsou's 

ksiiR'ss.    During  the  past  year,  81  vessels  have  been  Imilt  for  the  fishing  fleets. 

Yearly  more  attention  appears  to  be  given  to  the  fishing  business,  as  one  of  the  im- 

I  porUiiit  industries  of  the  country,  and  with  the  growth  aunually  the  demand  increases 

[  for  the  products  of  the  fisherios.    The  nation  is  largely  indebteil  to  Prof.  Spencer  F. 

Bsird,  Commissioner  of  United  States  Fisheries,  for  both  the  scientific  knowledge 

ind  practical  application  of  the  propagation  of  the  various  food  fishes  of  the  United 

I  States,  by  which  assurances  .are  given  that  the  steady  growing  demands  of  the  country 

nay  be  mot.    Through  the  reports  of  bis  field  ageuts,  made  in  the  interest  of  the  United 

1 8tatC8  Census  and  Fish  Commission,  we,  for  the  first  time,  have  the  opportunity  of 

I  kaowiijg  the  size  and  importance  of  the  industry.     As  a  matter  of  interest  we  have 

1  jiven  tbe  (iggregate  reports,  which  do  not  include  the  Gulf  States  or  the  large  river's  of 

Ihciiiterior.    On  pages  30  to  33  will  be  found  the  names  of  the  leading  fish  taken  south 

of  New  York  and  the  catch  for  1880.    As  so  little  is  known  of  the  fisheries  in  those 

waters  we  give  the  list  entire. 

Mkerel. — The  total  catch  by  the  New  England  fleet  amounted  to  378,853  inspected 
I  barrels;  of  this  258,716  barrels  are  credited  to  Massachusetts.  This  amount  has  been 
j  acceded  but  eight  times  during  the  past  tifty  years.    Tlio  early  fleet  sailed  from  home 

ports  in  March,  more  vessels  going  South  than  for  many  years.  The  schooner  Nellie 
I  J.Rowe  took  the  first  fare  on  March  31 ;  the  fish  were  of  mixed  sizes.    First  catch  iu 

•Iwas  March  22.  The  first  mackerel  taken  in  the  weirs  at  Cape  Cod,  April  20; 
I  previous  year,  on  May  4.  The  first  fare  of  salt  mackerel  direct  from  the  fishing 
I  pounds  arrived  at  Boston  on  May  4;  in  1831,  May  9.  The  fish  were  found  quite 
I  plenty,  and  worked  north  slowly ;  the  vessels  that  made  an  early  start  were  more  suc- 
I  tessful  than  for  a  number  of  years. 

I  The  season's  catch  is  noticeable  as  having  been  of  larger  size  and  poorer  quality 
Itlian  the  previous  year.  As  the  season  advanced  the  fish  di<l  not  improve  as  usual, 
I  tbe  fall  catch  being  inferior  to  that  of  midsummer.  The  schooner  Yaukee  Lass,  of 
jBoetoD,  was  the  ouTy  vessei  from  the  United  States  that  fished  iu  provincial  waters ; 
I  ike  returned  with  075  barrels. 

The  catch  by  the  provincial  fishermen  was  the  smallest  for  years,  and  accounts  for 
llhe large  decrease  in  the  amount  imported  at  this  port.  Prices  have  held  firm  with 
lioupward  tendency  from  the  first  of  the  season,  and  much  higher  than  the  previous 
Ijrar,  selling  uninspected  in  June  at  $4  ;  July,  $6  to  $7  ;  August,  $8  to  $9 ;  inspected 
jjdling  in  August,  $6,  $9,  $12 ;  September,  $7,  $10,  $13 :  and  iu  October  and  later,  at  $8, 
j|ll,?14,for  No.  I's,  2'8,  and  3's.  During  September  the  catch  rapidly  fell  off  with  few 
IWioaugbt  in  October,  and  the  fleet  early  gave  it  up.  Although  the  total  catch  was 
Intra  large,  a  steady  demand  prevented  any  large  accumulation  •  only  a  small  amount 
jimained  on  hand  at  the  close  of  the  yea^r. 

I  W/«k.— The  total  catch  of  cured  fish  by  the  New  England  fleet  was  663,564  quintals 
jscodtish,  and  235,340  quintals  of  hake,  haddock,  pollock,  and  cusk;  total  of  898,904 
l^twtals.  The  Grand  Bank  fleet,  with  few  exceptions,  made  but  one  trip,  returning 
lithfiiU  fares.  The  catch  of  cod  on  Georges  Banks  and  ott"  the  Now  England  shore 
I'M  less  than  the  average.  Hake  have  been  more  plenty  than  for  many  years.  The 
|wre  catch  of  herring  was  much  under  the  average. 


880 


AMERICAN    FISHERY   INTERESTS. 


Box  herring. — Have  bcfln  in  larcor  rocoipt  Mian  »iiy  year  that  wo  havo  n  rcconl  of  • 
a  steady  demand  hoa  oalhul  for  tlieiu  on  arrival  antf  no  amount  of  atocli  rumaiiis  uii 
hand. 

Canned  fish. — Dnrinfi;  tlio  past  few  years  tliis  comparatively  new  brancb  of  the  bnsi. 
nesH  has  frrown  to  lar^o  size  and  importance. 

In  former  years  fresh  llsh  often  arrived  on  the  market  largely  in  oxcpsh  of  tlio  dc. 
mand,  and  had  to  be  sold  for  almoHt  nothing  or  thrown  away,  often  the  liittcT.  Now 
the  canners  are  always  ready  to  take  the  catch  at  good  prices,  thereby  uddinj^  tiioii. 
sands  of  dollars  to  the  receipts  of  the  fishermen  as  well  as  giving  employment  to  a 
large  number  of  hands  on  shore.  As  far  back  as  1B44  fresh  fish  wor't  canneil  in  Ilo^toii 
but  only  to  a  very  limited  extent  up  to  1880,  since  which  time  the  anionnt  lanned  is 
only  limited  by  the  supply  of  flsh.  The  favor  which  it  meets  on  the  nmrkot  sppiiks 
for  itself,  when  for  self-protection  Boston  firms  in  taking  orders  have  boon  oblij^cd  to 
adopt  the  rule  on  receiving  them,  only,  "  subject  to  the  pack,"  which  in  turn  Is  sub- 
ject to  the  abundance  of  the  catch.  The  packing  of  American  sardines  iray  date  from 
Eastport,  Me.,  in  1876,  in  which  year  4,000  cases  were  packed,  mostly  quartor  cans 
packed  in  oil,  100  cans  in  a  case.  Yearly  the  business  has  grown  until,  in  18':Jl,tirtccii 
factories  at  Eastport  and  three  at  Lubeo  packed  190,000  cases,  three-fourths  of  which 
were  quarter  boxes  packed  in  oil,  100  cans  in  a  case ;  one-eighth  half  cans  in  muHtard, 
r>0  cans  in  a  case ;  one-eighth  spiced  sardines  and  sea  trout.  The  past  season,  owini; 
to  the  scarcity  of  fish,  only  125,000  cases  were  packed,  giving  employment  to  500  inm 
and  700  boys  and  girls  in  addition  to  the  fishermen  engaged  iu  providing  the  catch. 

The  foreign  export  trade  has  been  smaller  than  for  many  years,  especially  the  tradv 
with  Hayti,  severe  sickness  in  that  island  and  the  low  prices  prevailinj;  hero  fur 
coffee  and  logwood  combining  to  produce  this  result.    The  smalluoss  of  this  branch  of  | 
trade,  however,  has  not  been  felt  by  the  dealers,  owing  to  the  unusually  largo  hoiiiu 
demand.     Other  branches  of  the  trade  arc  withoitt  special  note. 

During  the  past  year  the  Boston  market  has,  at  nearly  all  time**,  been  able  to  Hn|ipiy  i 
the  country  w;tl  overy thing  in  the  way  of  salt-water  fish,  be  it  cured,  canned,  orCrenh, 
and,  as  it  is  the  only  city  that  can  do  this,  it  continues  to  hold  its  old  time  prestige  ait  | 
a  distributing  point,  both  for  domestic  and  imported  flsh.     This  fact  is  fully  appre- 
ciated by  the  trade,  as  shown  by  the  large  receipts  and  the  small  amount  of  stock  oq  I 
hand  at  the  close  of  the  past  year. 

The  new  year  opens  with  a  small  amount  of  stock  on  hand  and  an  improved  lluan-l 
cial  condition  of  both  producer  and  dealer  as  the  result  of  the  year's  business,  thus  I 
giving  renewed  hope  and  encouragement  to  all  interested  in  this  important  branch  of  I 
the  New  England  industries.  We  trust  the  day  is  far  remote  when  less  can  bo  said  J 
for  its  prosperity. 

W.  A.  WILCOX, 
Secretarij. 

NewEngland  fleet,  oatoh  of  cod  and  other  ground  fish,  landed  at  home  ports,  as  reported  6i/  (/i«J 

Boston  Mah  Bureau. 


^(\r  KnijluHil  fleet, 


Forts. 


Ma88acha8otts : 

Beverly' 

Chatham 

South  Chatham'... 

Fairhaven 

Gloucester* 

South  Harwich . . . . 

Kingston , 

Marblebead 

Provlncetown* 

Plymouth' 

Bookport' 

South  Dartmouth  . 


Total. 


Kew  Hampshire : 
Fortamonth'  . 


a 


1 

1 

159 
1 
1 
1 

64 
2 

»8 
1 


240 


ill 

.a  £? 

S  S  V 
3  So 


« 

6 
2 
1 

125 


153 


e 


-a 

o 
H 


12 
6 
3 
2 
284 
1 
1 
1 

73 
o 

7 
1 


10 


3 


126 
60 
30 
21 
3,442 
15 
12 
18 

975 
24 
75 
11 

4,804 


130 


is 

Oo 
§^ 

O   ( 

■Sb! 


Quintal!, 
6,000 


900 
285,000 
1.275 
1,226 
1,240 
101, 870 
1,600 
1,650 
1,212 


400, 272 


•=1  a.M 

0  a 
agS 
^  o  « 

001  g) 

-Sis 

o 


Total. 


Qiiinialt. 

700 

1,700 

250 

900 

194, 000 


1,065 
"2,'30O 


200, 915 


Quinbill 
5,7fl| 

1,7 

l,i 
479, 11«! 

1,: 

1,! 

1,21 
102, 4| 

3,f 
1,2 

601,11 


2,000  : 


>  Fart  of  oat«h,  landed  at  other  than  homo  port. 
'  Includes  North  Bay  catch,  by  14  sail,  9,950  tiuintals. 

» Includes  Korth  Bay  catch,  by  1  Hale,  350  quintals.  ,  ■ 

*  Halibut  fleet  included  in  vessels,  ^catch  7,750,685  pounds;  amount  landed  inoludos  vessoui 
ntJier  Dorta. 


UixEnghnd  mackerel 


AMf2UICAN   FISHERY    INTERESTS. 


881 


}iet  England  fleet,  catch  of  cod  and  other  ground  fi$h,  landed  at  howe  porta,  ifo.— Cont'd. 


Potto. 


Mlilio: 

Booth  Bay 

liuckA|iort, 

Brrmou •••' 

Calam - 

Cnmbf.iTy  IhIo 

Cipf  I'oip"'** ' *  ••■ 

l)f(T  l»lo 

I'jalport' 

Friendalilp 

(ioorcetown , 

UaocfK'k 

Uar|ii*wi<ll 

North  Haven 

Uniniuo 

Orlanrt 

Portland* 

Pcinaqald" 

Siran 'II  Island 

Southwest  Harbor. 

Soalhport 

Setlitwick 

TioalQaven 


Total. 


Total  New  Bngland  fleet : 

1882 

1881 


V 

a 
m 


4 

4 

8 

20 


71 


315 
2U8 


II 


§2. 


4)  w 


25 


(') 


4 

2 

5 

10 

20 
30 
11 


10 
4 


(•) 


51 

4 

11 


25 


218 


377 
336 


s 

o 
H 


33 
6 
8 
3 
6 

10 


22 

30 

11 

2 

10 

8 

4 

8 

71 


4 

11 

0 

3 
25 


289 


602 
604 


o 
H 


204 
74 
65 
20 
00 
80 


500 

200 
68 
25 
70 
75 
48 
86 

728 
75 
20 
85 

132 
33 

128 


Qutn(al«. 

7,760 

7,3.")0 

5,000 

800 


5!,500 


4,000 


2,500 

6,000 

7,350 

20,000 


2.785 


7,250 

3,300 


73,806 


7,719 
6,402 


474. 078 
365,640 


o.g, 


Quintal*. 
13,700 


1,800 

2,500 

6,000 

4,500 

060 

28,000 

12,750 

6,780 


8,000 
2,000 


102,000 

11,700 

1,200 

4,426 

1,000 


15,000 


221,  Oil 


424, 826 
410,  387 


TotaL 


21,450 
7, 350 
0,800 
3,»00 
6,000 

o:>o 

30,  .%0 

12, 750 

«,  780 

4,000 

a  000 

f..400 

6, 000 

7,350 

122,000 

11.700 

1.200 

4, 425 

8,230 

3,  .100 

15,000 


296,717 


898,004 
775,027 


'  Part  of  catoh,  landed  at  other  than  borne  port. 

*Catoh  of  small  boats  Included. 

*150  small  sail  and  br'ts;  total  men  flsblifKi  500. 

*  Inolndea  receipts  from  vessels  of  other  ports. 

'Includes  New  Harbor,  Brown's  Core,  and  Monhogan,  50  small  sail. 


^mEngland  mackerel  catoh— amount  of  inspected  barrels  packed  at  home  porta,  andsouth- 
ern  catch,  as  reported  to  ths  Boston  Fish  Bureau, 

Ports. 

II 
1^ 

1 

g 

a 

II 

H 

Total  number 
of  crews. 

^ 

^0 

«^ 

'A" 

In'd  bbl9. 

73, 400 

1,480 

l.W 

G,  uni 

044 

300 

107,222 

2,075 

0 

CO 

H«8 

Xluachumtts : 
Boston '   

24 
2 
1 

5 
5 

5' 

1 

'"""55' 
5 
2 

i' 

29 
7 
1 
5 
1 
1 
151 
5 
4 
7 
5 
2 

28 

435 

105 

14 

80 

58 

15 

2,825 

75 

51 

80 

78 

32 

475 

Barrelf. 
9,775 
1, 082 

Barrtt*. 
83  175 

Cohasaet'  

2  571 

Chatham  • 

150 

South  Chatham 

1,477 

8,438 

Dennisport ' 

044 

Fairhavi^n    »      .  ......  ,. 

1 
06 

300 

'jloucester' 

20,000 
350 

127,222 

Harwich' 

2,425 

Kewburj'port* 

2 
7 
S 

1 
28 

Eookpoit* 

100 
4,821 

160 

Provincetown 

4,821 

Plymoutii* 

Vellfleet 

28,510 

28, 510 

Total 

167 

70 

246 

8,823 

226,032 

32,684 

258,716 

1  Many  Tessels  packed  from  othor  ports  included. 

*  Many  vessels  packed  away  from  home  ports. 

'Weir  catoh,  789  barrels  cured  ;  2,065  barreL  fresh ;  43  men. 

''All  vessels  packed  away  flrom  borne  port. 

g.  Ex.  113 — 5a 


882 


AMERICAN    FIPIIERY    INTERESTS. 


- 

New  JCnylar 

(I  mavk 

erel  cat 

i 
1 

1 

rh,  .|fl.- 

-Conti 

iiikmI. 

I'orU. 

"I 

1 
a  i 

f 

1- 

a  S 
Wg 

fl 

u 

IlarrtU. 

^«5 

Now  Knmprililrn: 

Pol  iHlhUUtb'  ....... 

4 

7 
8 

I 
8 
24 
8 
1 

4 

10 

i- 

3 
22 

8 

17 
8 

2 

n 

40 

8 

1 

104 

234 

HH 

28 

i:i2 

000 

118 

IS 

In'dbbU. 
30U 

12.  sn 

""  flIO 

8f'.,«'J7 

3,538 

llairtU. 

.«♦ 

Mninn : 

Uciolh  Hay' 

2,541 

200 
i:i,704 

i;in 

1 

Nor  til  1  la  von*.... ■••.••.. 

llll>.9!l 

I'ort  laiiil' 

Boiitli|Hirt* 

SoUuwick' 

1 

Totol 

63 

30 

88 

1,166 

103,  312 

tO,Su5 

IIB.MJ 

uw  EogUnd 

TuUl  oatoh  uf  N 
deet: 

1882 

IWl 

223 
205 
236 

119 
93 
92 

342 
208 
827 

6,083 
4, 258 
4  778 

3'.'0,  074 
301,  '.'.'i3 
340,  255 

4(1, 180 

27,.iU4 

9,419 

37Mfl 

1880 

The  Suutbern  Ueot  unltud  with  the  Shore  fluet.  after  the  early  catch,  makin;r  the  total  Sboro  M 
342  sail. 

'  AH  ve»H('ln  packed  away  froni  homo  poit. 
'  Many  veHiielH  paokiid  away  from  homo  portn. 
'  Many  veiwoU  packed  f^oni  olhur  ports  Ineludud. 


Receipts  offish  by  Boston  dealers  from 

foreign  and  domtslic  ports. 

Jannary. 

February. 

March. 

April. 

May. 

Jane.   J 

Fish. 

! 

1 

<■ 

1 

1 
1 

1 

(2 

i 

o 
H 

a 

i 

« 

1 

it 

t 

I 
« 

n 

i 

I 

B 
t 

Mackerel barrels. . 

Mackerel,  Boston  Hoot, 

ins barrels . . 

Herrious : 

Pickled do... 

699 

603 

0,  240 

100 

386 

B96 

1,  u',3 

105 

800 

01 

4,'-fl0 
81 

84 

723 

1,284 

4,855 

267 

1,403 

1,681 

6,413 

160 

1,080 

1,642 
678 

894 

1,660 

1,430 

245 

130 

379 

252 
155 

14 

75 
1,022 

211 

70 

406 

005 

7,50 

.... 

81 

Salmon do 

-Uwives: 

Piokled do 

8U 

62 
354 

301 

120 

1  ? 

Smoked    do ... . 

;i 

359 

95 

20,400 

561 

7,'747 

9,083 

056 

36,"i5i 

1,778 

87 

30,' 826 

80 

760 

36,309 
538 

10,' 650 

ii'iis 

32,'4C2 

nerring,  emoked, boxes.. 

3,725 

6,758 

148 

38,195  25,282 
4,194   1  SM 

77,11 

BonoleBH  flsli do  — 

^ftnkAi'oI    cannfid  do 

041 



801 

l,W 

Lobsters.  CADDed..do.... 

256 

100 

1,712 

420 
l,ISO 

1.3 

Snlmon  canned  ...do  ... 

Codtiah qnintala. . 

Hake  .............do.... 

3,742 
1,974 

636 

6,323 
140 

21 

8,504 

450 

50 

85 

"984 

3,093 

650 

4,025 

873 

7,(195 
0,14 
431 
355 
168 

3,0 



25 

60 

32 
50 

200 

Cask ............ ..do.... 



.„ 

AMERICAN    FISHERY    INTERESTS. 
RectipU  o/Jlth  hij  ItoHton  deaUri  from /oreiijn  aud  dom)»tic  port$- 


883 


July. 

▲aguat 

SeptMBber. 

October. 

NoTeuber. 

t 

«o«mber. 

FUh. 

1 

i 

t 

« 

1 

.1 
t 

I 
§ 

6,900 

8,027 

4 

i 

1 

1 

1- 

1 

3,9«« 

"sii 

t 
I 

1 

2,303 
3,223 

SI 

1 

tuUni »>Wii  . 

VickiTi'l,  ItoHtoD  fleet, 

6,040 

2,233 

130 

2,078 

0,020 

0,050 

»,"o7a 

3, 213 

"Vn 

201 
""i53 

2,U72 

BeriiDgH,  nicklwl..  do  ,. 
nurriniTH  I'l'uzeu.      do  .■ 

024 

3,8U8 

25 

7,'X)3 

188 

10, 287 

2,081 

2,846 
400 

Uma do  .. 

ilfwiven,  pickiod  .do  . . 
AlpwIfM,  HiiioktMl  .do  . . 

Trout                ......  do   . . 

70 
005 

42 

3,050 

5C 

236 

004 
1,408 

282 
87 

*    262 
312 

108 

02 
2,070 

83S 

205 
8 

58 
898 

1,480 

18 

103,380 

1       118 



040 
2,017 

22,' 650 

0,586 

87(1 

210 

^                    . .  do  . . 

14 
0,650 

278 
42,212 

27,' 066 

706 

4«,644 

50 

114 

223 

4,849 

12 

29,703 
•51 
K5I 
840 

"825 

08 

42 

B(rrlnx'sniok(Hl..bW>^.. 

11,081 

34,780 

12,219  3i!,44( 

3,«0( 

40   1,422 
188       t!44 
2,700 

WK 

.",6,  ».72 
6M0 

McKH  finli do  .. 

iKkMfl.  ORDDCd..  do   .. 

504 
2,001 

13,429 

916 

4,931 

604 

'"'  61 
7,022 

2,818 
1,377 

'ii 

) 

8.266 
3.492 

116 
80 

206 

13, 420 

3,710 

66 

40 

242 

9I( 

13,  80( 

7,04'. 

43( 

19.' 

1  .    1  :::. 

Wfiih qtlg.. 

Hiko do  .. 

Mock do  .. 

Wlr4 do  .. 

Cuk7 do  .. 

6,308 

1,740 

242 

AO 

6,378 

61 

384 

032 

8,120 
8,780 

424 
17 

100 

10, 019 

2,090 

800 

4412 

89 

17,042 

2, 922 

430 

25 

26 

0,007 

4,004 

727 

374 

1   0,788 
!   2,238 
1       475 

11,387 

2, 130 

125 

974 

80 

16j        59 

60       78' 

r 

260 

BBCAPITULA.TION.  —1882. 

Fiah. 

Total 
home. 

ToUl 
foreign. 

Grand 

lutill. 

Uklerel      

ba 

rrelii... 
...do.. 

.   (In 

44.180 
83,176 
10, 678 
19,040 
2,144 
l,i20 

37,010? 

31,078 

7,651 

1,600 

0,699 

763 

1,846 

1,245 

4^'*,  080 

C>.  066 

197 

1,408 

34,822 

Ixkrrel,  BuHtoD  fleet,  in 
RtfiiiicB  nickled  .  ..... 

spected 

163, 977 
52  530 

HHrinKi,  frozen 

Uwm 

do... 

do... 

20. 601 

3,834 

10,  828 

703 

ile»ifes,  pickled 

do... 

do  .. 

do... 

Iiwt 

1,846 

ltd 

..do... 
raxes.. 
..do... 
..do... 

20 

260,700 

30,551 

11, 333 

0,068 

1,014 

1,076 

916 

80, 207 

20,626 

2,288 

0S6 

1,  .MM 

1,271 

Mrinc 

708,  870 

35, 617 

■elcMflah 

11,530 

•Niters,  canoed 

WffloD.  canued 

..do... 
..do... 
.  do... 
.  do... 
Dltals.. 
..do... 
..do... 

11,076 

35,830 

1  976 

M",  canned 

""66,'!578" 

9,434 

1,981 

2, 120 

104 

010 

USili 

...,_. aui 

130,875 

39,  OSO 

Mock 

4,200 

a«(k .'.. 

do.   . 

8,070 
1.808 

Bk do... 

1 

884 


AMERICAN   FISHERY   INTERESTS. 


Largo  catches  and  atocka  hij  the  New  England  mackerel  fleet  off  the  United  State»  co<ut~ 

season  jf  1882.  ~ 


Sohooners. 


Edwunl  E.  Webster,  Gloucester 

Kcllio  N.  Rowo,  Gloucester 

I'arl  SclinrK,  Gloucester 

C'ul.  J.  H.  French,  Gloucester 

.(onn;  D.  LoDft,  Gloucester 

IIolcD  M.  Crosby,  Gloucester 

Golden  Hind,  Gloucester 

John  S.  McQuln,  Gloucester 

Gcorgo  Perkins,  Gloucester 

Nepoiiset,  Bosion 

W.  D.  Daisley ,  ISoston,  gross  stock 

Longwoo  I,  lioBtuo,  gross  stock • 

Alice,  Truro,  gross  stock 

Fiinnio  A.Spurling,  Portland,  gross  stock 

Elizabeth  W.  Smith,  Portland,  gross  stock 

Titmouse,  Portland,  gross  stock 

H.  S.  Ko wo,  Portland,  gross  stock 

II.  E.  Williard,  Portland,  gross  stock 

£.  K.  Dresser,  Portland,  gross  stock 

Eddie  Pierce,  Portland,  gross  .'jtock 

Louiri  and  Bosa,  Boo'  b  Bay,  gross  stock 

Charles  R.  Washington,  WelUloet,  gross  stock 

Hertie  and  Dulniar,  South  Chatham,  gross  stock. 

John  M.  Fisk,  Provinccto^rn,  gross  stock 

Lizzie  Thompson,  Newbnryport,  gross  stock  .... 

Maud  H.  Story,  liockport,  gross  stock 

Dictator,  Harwich,  gross  stock 

Ida  C.  Si)oiford,  Boston,  gross  stock 

Willie  K.  Parkman,  North  Haven,  Me 

Cora  E.Smith,  North  Haven,  Me 

Bartio  Pierce,  North  Haven,  Mo „ 

SeaFoam,  North  Haven,  Mo 

AlicoC.  Fox,  Uorth  Haven,  Me 

Oasis,  North  Haven,  Me 

Hoger  Williams,  North  Haven,  Me 

Lottie  E.  Hopkins,  North  Haveoi  Me 

El)cn  Dale,  North  Haven,  Me 

Hcnrv  Nickerson,  North  Haven,  Me 

David  Brown,  Jr.,  North  Haven,  Me 


Fresh. 


Barrels. 
3,022 


1,050 
:,025 
1,500 


VOO 
'350 


Cured. 


Barreli. 
2,470 
over 


2,450 


2,009 
1,777 
1,198 
1,475 
1,  522 
1,008 


2.240 
1,077 
2, 080 
1, 2K) 
1,000 
1,250 
1,000 
1,200 
2, 01.1 
1,846 
1,800 
1,800 
1,500 
1,500 
1,400 
1,400 
1,200 
1,086 
1,200 


Net  stock. 


30,1)00.(10 
25,000.00  1 
20,000.110 
18, 500. 00  j 
18, 020. 00  j 
16, 323.  (w 
10,03;.,S7] 
ll<,S00.00J 
15,200.001 
l.l.COO.OOj 

II,  Too.  001 
14,  Wool 

UM-iin 

17, 500.  ( 

III,  073.0 
11,074.0 
14,801.i| 
]2,3iai 
23, 000.1 
16.0a.( 
13, 775. 3d 
10,464.; 

9.541.1 

8,00011 

8,0(«.l 

7,0 

7,401.1 
14, 100.  ( 
13.J0O.( 
11,600.1 
11,401)  ( 
iO,  500.1 
10, 400.  ( 
10,000.1 

tf..ml 

l),500.f 
8,C00j 
7,1 


Fish  received  by  Boston  dealers,  1878  to  1888. 


Slab. 


Mackerel bbls. 

Mackerel,  Boston  fleet do. 

Herring do.. 

Alewives do.. 

Salmon do.. 

Trout do. . 

Herring,  smoked boxes. 

Dloators,  smoked do . . 

(;od quintals. 

Hake do.. 

Haddock do.. 

I'oUock do.. 

Ousk do.. 

Shad bbls. 

Boneless  fish .-.  boxes . 


1878. 


31,881 

32,458 

22, 810 

4,014 


214, 715 

17,020 

174,  624 

45, 700 

0,083 

2,601 

2,017 


3,016 


•-  c 


78,680 


42,  .SCO 

3,117 

3,1»06 

203 

171, 608 


0,034 

10.073 

1,683 

2,247 


1,192 


o 
H 


1870. 


i-S 


B', 
^1 


jl43, 028 

'  65,110 

7, 1111 

3,006 

203 

386, 223 

17,629 

183,  058 

50, 673 

11,803 

4,848 

2, 017 

1,102 

3,015 


(33,818 

(40,  413 

20, 146 

705 

145 


201,473 

23,077 

128, 012 

27, 060 

0,155 

1,008 

2,059 


6,016 


84, 213 


30, 008 
a,  727 
5,808 
1,437 

168, 87fi 

21,080 

0,610 

02 

3,437 

212 

8,042 


4 


I" 

O  V 


0  e 


.187, 444 

'  60,884 
0,52£ 

o,oi:> 

1,437 

400, 34P  202, 

23,077'  20, 

150,001124, 

33,679  32, 

10,077 

6,035 

2,271 

3,042 

6,015 


Ai 


36,701105,730 
54, 
20, 
1, 


■30), 


Ou2| 

4H  20,310 

351 1  5,632 

560i  2,332 


482118,115i4« 
0»3 ■  3 

:m\  30,  i.'ii  i< 

222  8,810 
172!  076 
623;  2,762 
362       187 

1,975 

54 


0,046 


Jfjckcrei 

Mackorel,  I'uston  flei 

flwruK  

Alfwiven .'.'_\ 

S.)linoii """ 

Iroiit .'."."."' 

Htning,  nnioked  .V.V 
Woatois,  8moL"'a 

M •■ 

fl,iko '.'.'*■■■ 

Biuldock 

Pollock .'.".'."."" 

(.'nsk 

Stud ;;; 

SooeleMfigh...' 


The  fishing  h 

Most  of  the  follov 

1  Balletins  of  tbo  U. ; 

intendence  of  Prof. 

Browu  Goodo ,  by  tl 

parll,J.  w.  Col] 

hrucHIngersoi],  C( 
Prof,  D.S.  Jordan,  J, 

It  is  found  that  if 
JlassacLnsotts  in  tbc 
nets  (ilouo  in  consid. 
port-incG,  are  as  foJI( 

Cod 

Herriug ."."'" 

Mackerel 


Haddock 
lobster.. 


.       however,  theme 
!  Mniowli,at  different. 
'iXlieirvalne: 

,  .fffn.Dg  fishery  (incli 
^.'cl-erd  fishery  ^ 
Codlisliory... 

loI)3fcr  lishory" 

Motisliory.. 

Haddock  58he"-V 

I  w      "  ■  ■  •  I 

The  statiatica  are 

M»^grs  over  canned  I 

«i    ,'  *°'''  with  t  J 

fame  Las  always  baf 

«n«,rerecar^?dm^| 

tobii8ine.s.s:ortbeT 

f»nodtobel4^34  18L 

J"J«werepn?Vp^ 

jerjiiof  (Lesocannerif 

»"ged  to  Portland  do 

"'^8  iu  the  British  II 

tliedbytbcm^'thl 

«'rmou,  from  wbicl' 


AMERICAN   FISHERY   INTERESTS. 


Fish  received  by  Boston  dealers,  1881-1885J — Continued. 


885 


VUh. 


Mickerel bbls. 

Uickord,  I'uston  fleet do . . 

HeiT'uj; do.. 

.do. 


Alewives 

Salmon do. 

Twut do.. 

Herriup,  smoked boxoB. 

llloateis.  smolr'u .,. do.. 

Cffll. qninUils. 

Hako do.. 

Haddock do . . 

Mloo.k do.. 

(,'ask do.. 

Shall i bbl8.. 

Boneless  fish boxeb. 


1881. 


1882. 


c  73,  J53 

>dO,6bU'. 

12,420 

2,184 

980 


337,  830 

29, 019 

125,  450 

41,  C21 

5,  702 

1,773 

1,469 

'14,' 293 


u2 

ii 

S3 

—  p. 

<<  Pi 

•»  Oi 

*1 

o 

iS5 

*"3 
o  p 

13 

H 

f^t. 

H 

01,  850 

^204, 920 

(  44, 180 

J  83, 175 

37, 010 

|l04,9' 

44,906 

50, 998 

10,  578 

41,978 

62,550 

8,104 

10,  2S8 

1, 129 

9,009 

10, 828 

'  m 

2,U77 

2,144 

1,690 

3, 834 

1,147 

],]4- 

. 

1,845 

1,845 

274,  592;  012, 412 

259,709 

440,080 

708,  879 

810     30, 429 

30,55; 

5,006 

35, 017 

50,852 

182,  302 

89, 297 

50,678 

139,  875 

7,001 

48, 022 

29, 025 

0,434 

39, 059 

1, 631 

7, 423 

2,  288 

1,981 

4, 269 

3, 020 

4,793 

030 

2,120 

3,070 

38 

1,507 

l,50t 

104 

1,698 

1,152 

1, 152 

20 

J,  245 

1,271 

316 

14,606 

11,  3o3 

197 

11, 630 

The  fishing  industry  of  the  Atlantio  and  Pacific  coasts  and  the  Great  Lakes. 

Most  of  the  following  notes  and  all  the  Btatiuticshave  been  taken  from  the  advance 
Balletins  of  the  U.  S.  Census  Reports  for  1880.  They  weie  cwllocted  under  the  super- 
intendence of  Prof.  Spencer  F.  Boird,  U.  S.  Commissioner  of  Fi  jheries,  and  Prof.  G. 
Browu  Goodo.by  the  following  special  agents:  For  the  Atlantic  coast  and  Lakeij,  R. 
LEarll,  J.  W.  Collins.  A.  Howard  Clark,  Fred.  Mather.  N.  E.  Atwood,  F.  W.  True, 
Kmc-t  lugersoil,  Col.  Marshall  McDonald,  W.  A.  Wilcox;  for  the  Pacific  coast,  by 
Prof. D.  S.  Jordan,  James  G.  Swan,  and  Dr.  T.  H.  Bean. 

TBS  FISHERIES  OF  MAINK. 

It  is  found  that,  if  the  oyster  industry  be  neglected,  Maine  ranks  second  only  to 
Massacbnsotts  in  the  extent  and  value  of  her  sea  fisheries.  If  the  weight  of  the  prod- 
DctH  iilouo  in  considered,  the  six  principal  species,  placed  in  the  order  of  their  im- 
portanco,  are  as  follows : 

Ponuds. 

Cod 50, 004,  :J25 

Ilerriug 34,095,192 

Mackerel 31,C94,4.'>5 

Hako „ 24,447,7:10 

Haddock 17,728,735 

Lobster 14,334,182 

''.  however,  the  money  value  is  considered,  the  relative  importance  of  the  species  is 
wmcwhat  different.    The  following  arrangement  represents  the  fisheries  according 

to  their  value: 

Hening  fishery  (includincr  the  sardine  industry) $1,043,722 

iiackercl  fishery , . . .        059, 304 

I'odlisliory 050,753 

Lobster  lishery , 412,076 

Hakotishory 278,3;}6 

Haddock  fishe'-y 225,393 

Tlie  statistics  are  intended  to  represent  the  fishing  interests  for  1880.  The  first 
lobsters  over  canned  within  the  limits  of  the  United  States  were  put  up  in  Eastport, 
K  1842,  and,  with  the  exception  of  a  limited  business  in  Boston  at  various  times, 
Maine  has  always  had  a  monopoly  of  the  industry  for  the  entire  country.  In  1880 
none^feie  earned  outside  of  the  State,  and  the  table,  therefore,  shows  the  extent  of 
I'm  business  lor  the  United  States.  The  entire  lobster  catch  of  Maine  for  the  year  is 
found  to  bo  14,234,182  pounds,  of  which  4,739,898  pounds  were  sold  fresh,  and  9,494,284 
ponnds  were  put  up  by  the  23  canneries  located  w  ditteront  parts  of  the  Stat  a.  Sev- 
wdof  tbeso  canneries  were  owned  by  Boston  capitalists,  but  the  great  majority  be- 
longed to  Portland  dealers,  who,  in  addition  to  their  homo  interests,  operated  17  can- 
noriPHiu  the  British  Provinces.  During  the  same  season,  according  to  the  statistics 
fnmislicd  by  them,  they  bought  10,588,578  pounds  of  live  lobsters  from  the  Provincial 
mermen,  from  which  they  put  up  2,198,024  cans  of  the  various  brands. 


ft86 


AMERICAN  FISHERY   INTERESTS. 


riio  Hardino  industry  is  pocnllnrto  Main(^. 


lu  fact,  if  wo  except  the  menhaden  pnt 

10  name  of  "  8ha<Uno8,"  and  "  club-fisb " 
tlie  industry  was,  up  to  1880,  contiucd  exclusively  to  the  village  of  Kawtporf.    ThoiigL 


up  in  New  Jersey  several  years  ago,  under  the  name  of  "shaiUiios,"  and  "club-fis'b" 


experiments  were  made  in  the  preparation  of  herring  as  sardines  as  early  as  18G6,  tTie 
business  did  not  practically  begin  till  187.%  since  wliich  time  it  has  grown  with  re- 
markable rapidity.  In  18h0,  as  shown  by  the  tables,  it  furnished  employment  to 
over  1,C<)0  tisnermcn  and  factory  hands,  in  addition  to  370  fishornion  holongliig  to  Nee- 
Brunswick,  and  the  value  of  the  products  amounted  to  nearly  $8:i5,00(}. 


NKW  IIAMPSHIItU. 

Portsmouth,  the  only  seaport  of  the  Stave,  in  former  years  was  quite  largely  inter- 
cptwl  in  the  fisheries,  as  producer^  as  well  as  having  a  largo  domestic  and  export 
trade.  Of  lato  years,  in  common  with  many  other  of  tho  oldest  settlements,  the  bnsi- 
ness  has  mostly  moved  to  neighboring  ports,  and  is  limited  to  supplying  the  near 
homo  demand  for  fresh  fish. 

MASSACHUSETTS. 

From  the  early  settlement  of  the  State  to  the  present  time  has  lead  all  otbora  in 
rapital,  products,  and  number  of  employ<S«  engaged  in  the  fishing  indnstry,  20,117 
persons  being  actively  engaged  in  the  unmerous  branches ;  5,000  additional  are  en- 
gaged in  the  mannfacture  of  nets,  lines,  fish-boxes,  cooperage,  buildiug  of  Ai>hm^ 
crafts.  Including  tho  families  of  fishermen  and  otheis  dependent  on  tho  lisheries,  at 
least  100,000  persons  are  supported  from  this  industry. 

The  total  value  of  tho  products  for  1880  wore,  for  fish  alone,  $.'),054,900;  sbell  (isb, 
fish-oil,  and  guano,  $997,512 ;  whale  fishery,  $2,089,3:<7;  total,  $8,141,750. 

The  total  weights  of  fish  caught  that  year  amounted  to  341,9!J5,y82  pounds,  exclu- 
sive of  any  shellfish. 

The  years  1881  and  1882  have  been  far  more  prosperous  than  the  one  above  men- 
tioned, and  would  show  large  gains  iu  ]>rodncts  as  well  as  vessel  tonnage.  Abont 
75j000,000  pounds  of  ice  and  70, WO ,000  pounds  of  salt  are  annuar  -tsed  n.  thelisb- 
enos  of  the  State. 

KHODK  ISLAND. 

The  fishing  industry  of  this  State  is  chiefiy  confined  to  oysters,  and  itsmeubadeu 
oil  fisheries,  with  less  attention  i>aid  to  food  fish.     Total  value  of  products,  $880,!)iri. 


CONN'KCTICUT. 


Oysters,  $710,875 ;  fertilizers, 


The  value  of  the  pro<luct8  for  1880  were  as  follows: 
$407,004  ;  food  fish,  $338,:W7  ;  total,  $l,45<),80<). 

THE   FI8HBK1ES  OF  NKW   YORK. 

New  York  takes  an  important  part  in  the  fisheries,  coming  fourth  in  the  listof  fisb- 
producing  States,  with  products  valued  at  $4,380,.'>«)5.  In  several  specialbrancb"; 
shvj  holds  a  still  more  prominent  position.  Her  menhaden  fisheries  are  more  extensive 
than  those  of  any  other  State,  and  in  IKSO  the  value  of  the  oil,  scrap,  and  compost 
reached  $1,114,1.'>8,  being  more  than  half  of  the  yield  for  the  entire  country.  Tjio 
value  of  tho  products  of  the  oyster  fisheries  foi  tho  same  period  reached  $1,577,050, 
which  is  greater  than  that  for  any  of  the  other  States,  except  Maryland.  Virginia, 
and  New  Jersey.  Tho  New  York  fishermen  secure  annually  larger  quantities' f  Ik 'li 
hard  and  soft  clams  than  those  of  any  other  State;  in  1880  the  amount  reali  „  (n-^ 
the  sale  of  these  two  species  was  $r»17,69l.  In  tho  shad  fisheries  she  rank; 
the  list,  the  catch  in  1880  rea<>liing  2,733,000  pounds. 

T!IK   KI8IIERIE8  OF  NKW  JKRSEY.  ii. 

New  Jersey  produced  in  1880  $3,170,.^)89  worth  of  fishery  prodiiots,  taking  tliesixiii 

Idace  in  the  list  offish-producing  Htates.  In  some  of  th')  special  fishorios  it  takes  a 
ligher  rank.  Its  ovster  products,  valued  at  $2,080,()25,  are  excted»Ml  only  Ity  thosool 
Maryland  and  of  Virginia.  Its  crab  tisheries,  from  which  uie  lislicrnuu  realize 
$102,012,  are  more  extensive  than  those  of  tiny  other  State,  while  it.s  (iiiahiuig  (In";" 
clam)  fisheries  are  second  onlv  to  those  of  New  York.  In  the  nienhndeu  iwbenes  it 
stands  fifth  on  the  list,  the  oil,  scrap,  and  oompost  produced  in  18S0  being  valued  in 
$140,280.  Its  river  fisheries  ro  of  minor  importance,  tho  total  yiel<l  liemg  obi\ 
2,752,000  pounds,  netting  the  fishermen  $91,4:15. 

THE  FISHERIES  OF  PENNSYLVANIA. 

Pennsvlvania,  though  consuming  large  quantities  of  fishery  prodncts,  bns  !i>  im- 
portant fishing  groands  within  its  boitl.Ts.  Tho  principal  business  coiiijef'.eawiiu 
the  fisheries  is  the  oyster  industry,  for,  though  no  oysters  are  produced  in  up  watei^ 
of  tho  State,  a  largo  number  of  persons  are  mgaged  iu  transporting  "J'***"',",!"""  niid 
Bouthoru  bods  to  Philadelphia,  and  others  makoa  busines-s  of  receiving,  slicimij,."" 


AMERICAN  PlSnr.RY   IKTSRfiSTS. 


887 


l710,B7r) ;  fertilizers, 


lafking  thorn  for  shipment  From  this  industry  $187,500  is  realized  by  the  residentb 
(if  the  Stiife.  TiH'  soa  lishi.ig  is  confined  to  the  capture  of  sea-bass  and  other  species 
!)va  fleet  of  oiglit  vessels  thav  make  occasional  trips  to  the  iishinc  grounds  off  Cai'o 
Henlnpeii  (luring  the  summer  months.  8hud,  sturpeon,  and  other  less  important 
m,fi,,s  iiro  taken  in  email  quantities  in  the  Delaware  and  Supquehanna  Rivers,  and 
;  lake  fob  of  (lillbrent  kinds  are  caught  along  the  shores  bordering  Lake  Erie. 

THE  FISHEniES  OF  DELAWAUE. 

Tbooyster  Industry,  valued  at  $087,725,  constitutes  the  principal  fishery  busincnn 
f  of  Delmvaro,  over  two-thirds  of  the  money  realized  by  the  fishermen  being  derived 
1  from  the  capture  and  sale  of  this  species.  The  other  fishery  interests  of  the  State  are 
i  verv  iimited,  being  largely  confined  to  the  capture  of  salt' water  sx)ecies  in  the  bays 
auii  sdiiikIh  along  the  outer  shore,  and  to  the  net-fishing  for  shad,  sturgeon,  and  other 
I  mem  in  Delaware  River  and  its  numerous  tributaries. 

THE  FISHERIES   OF  THE  SOUTUEUM  ATLANTIC  STATES. 

Probably  no  portion  of  the  entire  coast  is  so  bountifully  supplied  with  valuable 
Ifooillis''  and  otiior  edible  species  as  are  the  sounds  and  bays  of  our  southern  Atlantic 
j  Slates.  Fully  three  times  as  many  persons  are  at  present  engaged  n  '.,he  fisheries  of 
[tliedistriet  under  consideration  J  in  1870,  and  the  value  of  the  products  has  more 
Itlian  quiidrnpkd  during.tho  samo  period  ;  yet  the  fact  remains  that  in  many  localities, 
jespecinl!"  in  the  portion  south  of  Albemarle  Sound,  North  Carolina,  the  fisheries  are 
[practically  uudovolopcd,  and  the  people,  as  a  rule,  have  little  idea  of  the  abundance 
lof  lisb  iu  the  waters  along  their  shores.  There  are  many  obstacles  in  the  way  of  any 
[ei'insive  tishiug  business,  such  as  the  difficulty  of  procuring  ice  tnd  the  absence  of 
[pmiitrsliipping  facilities ;  but  there  seems  little  doubt  that  when  the  people  come  to 
rtalizetbo  importance  of  their  fishing  interests,  these  difficnlties  will  be  overcome, 
hnd  many  will  find  fishing  a  remunerative  employment.  In  certain  localities,  a^i  at 
[Beaufort,  Wilmington,  and  Charleston,  a  largo  business  has  sprung  up,  with  profit  to 
[ill concerned,  but  even  here  the  industry  is  capable  of  much  further  development. 

THE  FISHERIES   OF  MARYLAND. 

If  tbesea  fisheries  proper  be  taken  as  a  standard,  Maryland  has  an  tinimportant 
IplaceamoDgthe  fish-producing  States;  but  if  the  oyster  and  river  fisbaries  be  includi-d, 
linliotbof  which  she  is  extensively  interested,  she  rjT.ks  second  only  to  Massachusetts 
jratiiovahio  of  the  products,  and  stands  first  on  the  list  in  the  number  of  persons  cni- 

S loved.  Her  2G,00H  jiorsons  employed  us  fishermen  and  shoresmen  produced  in  1880 
V'il.Tlu  worth  of  fishery  products,  while  the  20, 117  persons  interestea  in  the  Massa- 
Idiiisetts  finheries  realized  $8,141,750  as  the  result  of  their  labors.  This  is  easily  ex- 
itlaiued  by  the  fact  that  the  fishlDg  season  is  much  uhorter  in  the  former  than  in  the 
liitierStatc,  and  that  the  fishermen  are,  as  a  rule,  less  energetic  and  less  fully  equipped 
jforthe  work.  Her  oyster  interests  are  more  i^lportant  than  those  of  any  other  State, 
jlkse,  according  to  the  report  of  Mr.  R.  H.  Edmonds,  furnishing  employm«nt  to  23,402 
jpersons,  with  1,450  vessels  and  1,825  boats,  the  value  of  the  products  amounting  to 
|H"'iO,47().  With  80  extensive  a  river  system,  it  is  natural  to  suppose  that  her  fresh- 
jtatcr  lisberics  would  be  of  peculiar  importance,  and  such  is  indeed  the  case,  for  more 
'  arc  taken  by  her  fishermen  than  by  those  of  any  other  State,  while  she  stands 
Ittcond  only  to  North  Carolina  iu  the  extent  and  value  of  her  alewife  (called  herring) 
jklierieii. 

THE  FISHERIES  OF  VIRGINIA. 

Virginia  comes  seventh  on  the  list  of  fish-produciog  States,  the  oyster,  menhaden, 
JMdsbad  fisheries  being  the  three  branches  in  which  her  citizens  are  most  extensively 
linterested.  In  the  first-named  fishery  she  ranks  second  only  to  Maryland,  having 
I'WliJ  persons  employed,  with  products  valued  at  $2,218,:J7t).  Her  menhaden  fisheries 
l^"'  '*"""'*  "''K'">  '^'"t  tli^y  biivo  developed  with  remarkable  rapidity.  In  1880  the 
|~*''»"ul"'red  102  sail,  and  the  oil,  scrap,  and  compost  produced  sold  for  $:i0:{,82i). 
|W,«HH00  pounds  of  menhaden  being  utiliii^ed  in  this  way.  The  river  fisheries  are  also 
jUiportant,  furnishing  employment  to  2,641  persons,  and  over  3,000,000  pounds  of  shjul 
i™  nearly  7,000,000  pounds  of  alewivos  (locally  known  as  herring),  with  many  other 
|nver  spedos,  were  taken,  the  whole  having  a  value  of  $272,828. 

THE  FISHERIES  OF  NORTH  CAROLINA. 

Jlie  large  ri  ver.4  and  brackish  sounds  of  North  Carolina  are  visited  annually  by  ira- 
jwnsc  nnmbcrs  of  shad  and  alewives  (commonly  called  herring),  and  in  spring  and 
|?[^'"""nier  the  fishing  is  extensive  iu  taany  portions  of  the  State.  The  principal 
iCi*  nr^''^'"'"'  ""^  "*^'*''^  *^'"*  junction  of  the  Roanoke  and  Chowan  Rivers,  at  the 
KZ,7  ^','"'"'«rli^  Sound,  and  iu  the  Neuse  and  the  Tar  Rivers.  In  the  ah^wife  fish- 
Kr"''"  ^J'lte  ranks  first  on  the  list,  with  l.'>,.52u,()00  pounds,  netting  the  fishermen 
If'VM.   The  quantity  of  shatl  taken  iu  1880  was  :{,221,2(>3iK)undH,  being  a  little  be- 


888 


AMERICAN   FISHERY   INTERESTS. 


low  the  Marvlaiul  catch,  but  tlio  price  realized  is  so  luuch  greater  that  the  value  of 
the  catch  is  more  thau  double  that  for  the  Maryland  tishery.'  Kh  sea  lishorics  wIum 
compared  with  those  of  the  more  northern  StatcH,  are  of  little  iniportanoo,  ibo'nrli  n', 
the  bays  ajid  sounds  between  Heaufort  and  VVilnnngton  many  follow  lis'liinir  f,,,  ., 
livelihootl  and  secure  nnnnally  largo  (jnantities  of  the  various  Hpecics.  Tlioliiiillt't 
tisheries  of  North  Carolina  are  st-contl  only  to  those  of  Florida,  tho  catch  in  Iscoj 
amounting  to  3,3(58,000  pounds,  valued  at  §80,500.  ] 

THE  KISUERIKS  OF  80UTU   CAUOLINA. 


South  Carolina  comes  twentieth  in  the  list  of  tish-producing  Statos,  with  1  00') 
rmen  and  products  vaIn<Ml  at  $'il2,482.     She  is,  however,  noterl  for  hcrslirini'n  lis 


wfish" 
ermen  ana  i>ro(incts  vain<Ml  at  !|5'il!i,4W;j.     She  is,  however,  noterl  for  hcrslirimp  fisher-  j 
ies,  these  being  more  extensive  than  those  of  any  otlier  State,  and  nearly  a« important 
»3  those  of  all  other  States  combined.     In  IHriO  hei  lishernien  HiM-nrod  18,(100  Imshd 
valued  at  $37,r)00.     Tho  principal  fisheries  are  about  Charleston,  wlwro  Kovcral  liun  I 
dred  negroes,  with  an  occasional  Sinmiard,  are  engage<l  in  tishiiig  with  haml-linesj 
from  vessels  and  small  boats  to  supply  the  city  with  whiting,  blacklisli,  ami  otlier] 
species.   Alimited  fishery  occurs  atGcorgetown,  and  in  the  soiindsaboiitBoautbrtifromJ 
which  points  a  few  lisli  are  shipped  to  the  interior  cities.     IJeyond  tho  jilaoi's  men-} 
tioned  no  sea  fishery  of  importance  occurs,  though  there  is  more  or  loss  lishingfnrj 
local  supply  along  all  portions  of  the  coast.     Four  hundred  thousand  pouiuls  of  ale- 
wiv(«  (locally  known  as  herring),  207,000  pounds  of  shad,  and  2()1.'2,")0  pounds  of  stnr-j 
geon,  with  considerable  quantities  of  other  species,  wen*  taken  by  tho  river  tisherraen, 
tho  largest  fisheries  being  in  the  Edisto  Kiver  and  in  the  tributarioHof  WiiiyabBay,| 

TUK  FISHERIES  OF  GEORGIA. 

The  sea  fisheries  of  Georgia  are  as  yet  almost  wholly  undeveloped,  and  tho  Statsj 
coiiv's,  next  to  Eastern  Florida,  lowest  on  tht?  list  of  the  Atlantic-liordcring  States.f 
Imuiense  nnmbu.-s  of  edible  fishes  of  varions  kinds  gather  in  the  nniiieroutt  sonndil 
and  bays  along  the  outer  shore,  bnt  comparatively  (ew  are  taken,  and  tho  peoplean 
largely  dependent  npou  tho  fishermen  of  Western  Florida  for  tln'ii«iipply.    Inlb^ 
the  value  .if  all  sea  [iroducts,  exclusive  of  oysters,  was  only  $li(,iW5.    the  oysten 
taken  were  valued  ut  $35,000,  making  a  total  value  of  the  sea  pioductH  $o4,'v'J.').  Th» 
river  fisheries  are  more  fully  developed,  and  (he  Savannah.  Ogeecliw",  and  Altaraahji 
yield  considerable  qnuntitiea  of  fresh-water  and  anadromons  species.    Tho  priiicipaf 
tish  taken  are  shad  and  sturgeon.    Of  the  forme/ 252,000  pounds,  and  of  thelattei^ 
354,000  pounds,  were  caught  in  1880. 

THE  FISHERIKS  OK  EASTERN  FLORIDA. 

The  fisheries  of  Eastern  Florida  are  so  different  from  those  of  tiie  GiiK  coast  that  ii 
has  been  thought  desirable  to  treat  the  two  regions  Kcjiaratidy.  In  tlio  statisticaT 
tables  given  the  figures  refer  only  to  the  fisheries  of  the  sounds  and  rivers  tributar 
to  the  Atlantic.  If  tho  entire  State  bo  considered,  Florida  takes  the  lii'teentb  placi 
on  the  list  of  fish-prodncing  States,  having,  in  1880,  2,480  fisheniien,  with  i)rodiicl( 
valued  at  $t)3C,378.  Her  principal  fisheries  are  at  Key  West,  where  a,  fleet  of  21  ve^ 
sels  is  employed  in  the  capture  of  grou]»ers  and  red  snappers  for  the  Havananiarkoi 
The  sponge  fisheries  of  the  United  States  are  confined  exclusively  to  tho  westcoa^ 
of  Florida,  where,  according  to  Mr.  Silas  Stearns,  s|>ecial  agent  ia  eliarj,'e  of  the  tisW 
eriesof  the  Gulf  States,  100  sail  of  vessels  are  engage<l  in  the  bnsiiiesn,  tho  value  c 
the  sponges  taken  in  1880  amounting  to  :f2(K),750.  The  mullet  fisheries  alno arc ot  ] 
cnliar  importance,  tho  catch  of  the  (Jnlf  coast,  according  to  Mr.  SteaniH,  beiiisjofl 
times  that  of  Eastern  Florida.  The  catch  for  the  entire  State  in  1S80  reached  3,4J« 
333  pounds,  valued  at  ?123,508,  this  <,uantity  represcntinjj  neai.y  half  of  tbomnllf 
taken  in  the  United  States, 
aud-line  or  cast-nets  for  local 

in  the  Indian  Kiver,  where  88,...^  ,,w......o«.  ^..^..  .-....^.-, .      .         . 

ofwhicb  the  (Meat er  part  was  shipped  to  Northern  markets.  Tho  sliad  lislienes  ( 
the  Saiut  John's,  though  of  recent  origin,  are  quite  extensive,  251,700  pounds,  won 
120,136,  being  taken  in  1880.  _    ,.  „,  ,„ 

Of  the  297,.^3y,l()7  pounds  of  fishery  products  taken  in  the  SoutlKTii  Atlantic  ha  « 
fully  two-fifths,  124,231,240  itounds,  are  ovster  meats,  an  allowance  of  7  pomulsutu 
made  for  each  bushel  of  shell  oysters.  Of  the  remainder,  'J2,194,HKt  ponnds  Hrc  nitg 
haden,  :«,  184,372  pounds  are  alewives  (commonly  called  h(*mng),  itnrt  10,15'".^ 


08,  this  ((uantity  representing  iieai.y  half  ot  tbomniiq 

Along  tho  Atlantic  coast  the  fishing  is  eliietly  with  hool 

,1  supply,  the  only  commercial  fishery  of  importance  beiM 

8,250  r-onnds  of  green  turtle,  valued  .it. ^tl.tlOO,  were  taken 


pounds  are  shad 
5,000,(H)()  pounds 


These  are  the  only  species  that  are  (aken  in  <in""t'.*'™*'\^'^^f^' 
.     Five  other  Bjicciiis,  namely,  the  mullet,  oral.,  I'l|";li*";  F^j;" 
htriped  bass,  aro  taken  in  <iuantities  exceeding  2,000,000  pounds,  while  tiiotuuu 
nine  others  ranges  between  l,000,OtK)  and  9,000,000. 

~  '  This  is  owing  to  the  fact  that  mi)st  oFtho^iad  are  marketed  beforo  theiishiDgj 
the  more  northern  waters  becomes  extensive. — M.  MoDonau>. 


iitcr  that  the  value  of 
ItH  Hea  iishorii'8,  wbpii 
iiiiiiortanoo,  tboiiuh  in 
^y  follow  (iHJiing  fura 
HiM'ciuM.  Tho  niiillpt 
Ula,  tho  catch  iu  loeu 


States,  with  1,005  lisli- 
I  for  her  Hhrimp  Mcr- : 
ml  nearly  as  imiwrtanti 
(I'ciirpd  18,000  bushels, 
II,  wliuro  Kcvcral  bun- 1 

Hliiiig  with  haad-linesl 
i,  MacktJHh,  and  otberl 
»1h  about  Beaufort, froiuf 

yoiid  tho  jilaci's  men- 
oro  or  loss  lishiiig  for! 
loiiaand  pounds  of  ale-, 
i()l.'i.')0  pounds  of  stnr--. 
by  tlie  river  tisberraen,  j 
jtarioH  of  Winyah  Bay.f 


volopod,  and  the  Stat* 

ntio-bordoring  States,! 

tlu)  nniuerouH  soundil 

koii,  and  thopeoplean 

tlioir  Kupplv,    111  18" 

$ll),t.'-jr).    'i'hc  oysten 


,f  the  GuKsoast  that  ilj 
•iy.  In  tiio  statistical 
di)  and  rivers  tributarj 
ik.'H  the  lil'teentb  plafl 
hcnneii,  with  prodiict|l 

wheroaHeet  oflilve* 
for  1  he  Havana  niarketj 
ivelv  to  tho  westcoasl 
jt  ill  eliarge  of  the  tisbj 
>  ImsiiiesK,  Ihovalnoo 

iislieries  also  are  ot  M 
Mr.  Strarim,  lieinsl'"'! 
•  in  IHMO  reached  ;MHi 
ui.,-lialf  of  tliomiillft 
n},'m  chiefly  with  hookj 
ery  of  importance bein^ 
ed  at  §»».l't*0,  were  taken- 
'i'lio  Hliad  fisheries  f 
,  2r)l,700  pounds,  worf 

)utliern  Atlantic  Stata 

ranee  of  7  pounds  belli 

194  NIO  pounds  are  men 

lorrinK).  ""'l  l^'^^'f^ 
innnantitiesexcecdin' 

■ttb,  blnelish.  I«^^rcL,an 
,ul»,  while  tho  catch  t^ 

[^rbcforothetishiugt 


AMERICAN   FISHERY    INTERESTS. 


PACIFIC  COAST  FI8IIEUIES. 


889 


Tho  fisheries  of  tliin  coast  uro  yearly  recoiviiig  moro  attention  and  IncreaBlng  in 
loiimiercial  valiio.  At  present  tlioy  are  ehiefly  confined  to  tho  salmon  catch  of  Cali- 
fornia and  Oregon,  tho  seal  fishery  of  Alaska,  with  considerable  and  increasing  atten- 
tion to  tlie  cod  and  halibut  fishery.  The  total  value  of  tho  products  in  1880  amounted 
to  J7,'i0'-.',73O ;  this  included  seals,  oils,  and  other  sea  prodacts.  Uy  tho  canuintr  of 
4;i ;i7D,M.i  pounds  of  H.'ilmon,  the  value  was  increased  $2,'.J45,r)47,  making  tho  tot^il 
cnmniereial  value  of  tho  fishing  products  |9,54o,*<  / ;  pounds  of  iish  products,  181,548,- 
'jiO.  Of  tlio  ir),745  pers(uis  employed,  7,1)10  we'e  Eskimos,  Aleuts,  and  Indians,  and 
about  4,00U  Chinese. 

FIS1IKRIK8   OF   TIIR   OKKAT  LAKES. 

These  fisheries  .nro  of  niiuh  importance  and  value,  abounding  in  a  great  variety  of 
fund-fish,  llio  total  catch  of  1880  amounting  to  G8,742,0U0  pounds— whitefish  leading 
withiil,4()H.000  poiinds,  over  half  of  which  cauie  from  Lake  Michigan  ;  herring  came 
next,  with  ir),I!r)(!,;{00  pounds,  three-fourths  of  which  were  from  Lake  Erie;  sturgeon, 
7,012,100  ponndT;  trout,  0,804,(500  pounds ;  numerous  «>ther  varieties  of  less  amount 
from  all  of  the  great  lakes,  making  the  grand  total  above  given. 

FiihiiKj  iiidimtrij  of  the  Vnited  Stales  on  the  Atlantic  and  Pacific  coasta  and  Great  Laie^ 
[Compiled  from  the  United  Statea  Consns  BuUotiDS,  by  W.  A.  Wiluoz.] 


States. 


Fislierics  oftlie  P.iciflc 

Maine 

Xi'w  H.iinpuliiio  .. 

Ma.sxacliii.srttit 

Itlimlo  Isliinil 

'iiimpiticut 

Xiw  York 

.Vrw  Jcifloy 

I'liiiisvlviiiiia  .    .. 

Delawiiro 

Miirvliiml 

Virpuia 

Xiirtli  Carolina 

Soiitli <;ttro!inu ... 

Ircoruia 

Kasterii  I'lori'ia... 


.2 

a 

0 


a 
a 
a 
H 


Total 

Atlmtic  const  flslior- 

(;alifi>rnia 

Orvjion 

Washington  Terri- 
tory  

AlMka 


cnc 

1,007 

02 

2!)l 

2i:i 

3» 

\\m\ 

1,  440i 

221 


17, 03'>.  6.5 

1,011».  o.-i 

8I,O.SO.  4» 

2,  .50?.  77 

9,2iri.U.5 

6, 17().  04 

(I.VJ.  :i 

279.  tm 

i:i,7>o6.oo 
LI,  r.78.  p;i 

1,  4.'-'7.  00 

337.  32 

12.00 


fi.  293 178, 446. 71 


46. 


Total 


i 

I 

e 

I 

a 

'A 


5,000 
211 

0. 740 
7:M 

1,  I7;t 

1,72.''. 

3, 20-. 

8 

.•■.39 

2, 82.-1 

6,618 

2,714 

501 

3.-* 

31.1 


00 


•3 

9 


S3 

^A 


o  p 
'A 


33,655 


853 
1,3W) 

331 
3,000 


63! 6,547 


Fisheries  of  the  great 
lakpH: 

l.ak«i  Superior 

Uk(>Mii;liiaan 

Liikfl  Huron  and 

Saint  Claire 

I-iikoErl« 

'nko  Ontario 


isrv 

612;. 


154  . 
638. 
167; 


"otal  

O'amltoUl 


1.056.. 


8,110 

:i7(! 

17,  10.-. 

1,002 

2,  fin,--. 

3,  r>7H 

4,  3;)0 

1 

OIO 

15,  87:i 

16,  051 
4,  729 

064 
80!) 
34S 


2,  Ofil 

118 
2,  0.-.2 

708 

r>4)! 
3:il 
142 


in,  ins 

2,813 

545 

41 

90 

20 


C3  si 


fil4, 178 
170,684 
I41,7.''>0 
880,  015 
4'>0,  8t;tl 

:i8'i,  eii.i 

170,580 
320,  O.'iO 
OiP7, 005 

■.':ti,7ir. 

124,441 
845,  005 
2I2,4,S2 
110,00.1 

78, 408 


$3, 37.5, 
200, 

14.  :i:t4, 

.'iOti, 
1,421, 
1, 70<i, 

4.50, 
23, 

:t;t, 

6,  342, 

1,014, 

.''Hlli, 

(iU, 

78, 

4.), 


994 
4li.'i 
4.50 
078 
020 
840 
084 
440 
000 
443 
119 
ly.l 
275 
770 
554 


77,560  21,342     08,908 


2,031 
2, 795 

729 
6,000 


11,5.56 


414 

1,578 

976 

1,470 

612 


1, 443, 284, 099  32, 748, 029  31, 110, 109 


1,005 
4,010 

15 
130 


6,100 


6,050 


7, 002 178, 44a  71  30, 202,04, 171 


3,  036! 
6,  835| 

7441 
6, 130 


27,077,920   2,040,3341      759,675 
4o,110,00<i   2,781,0241  1,131,350 


.5, 707, 000 
108, 654, 000 


17l,372| 
2, 210,  OOol 


30, 3.-.8 
827, 000 


16, 745       181. 548, 020    .',  202, 730   2, 748,  SKI 


414 

I,  D78[ 

070 

1,470 

0121 


3,816,625 
2.1,141,875 

11,530,200 

20,  007, 300 

3,  640,  000 


118,3701 
608,400 


81,  380 
551,135 


6,050|        68,742.000 


29.1,  .550       1. 5.5,  910 


412,880 
1.5B,  700 


1,6.52,900 


26,632   120,703   1,  UlM,  .575, 010j41, 60J,  660 


503,  500 
.54, 050 


1,345,075 


35,204,557 


Uko^P  r''"'"'  ^°'*''  "**^  Btountnga  are  included  with  vessels.    No  tonnage  given  for  Pacific  coast  or 


p* 

¥ 

1 

t  ''' 

It 

1  tfj^n 

1    ' 

1     (  ; 

t     ,    ' 

S  fi! 

■^ 

i> 

, 

^Hflit 

1 
i 

1 

§&0 


AMKbiCAN    FiStTt^RV    tNTE|lE8tS. 


Tabic  showing,  h'j  Stolen,  the  quantitii  of  each  of  the  more  important  food-fishes  andothn 
aquatic  apecicH  take»,  and  the  total  production  of  the  JtahvricM  of  Ihr  yJitMIe  Slatn. 


Name  of  specie 


Total  by  State*. 


Alewlves,  Clupeavtmalit,  Mitch., 

anil  O.  cettivatit,  Mitch — 

r'i»ck   tlruin,    I'ogoniat   eliromU, 

Lur^p 

liliii'tlitli,  Pomalomtu  aaltatrix 

(Linn.), GUI 

n<mito,  Sarda  pelamya   (Linn.), 

Cov 

Btitter-tlxh,  Poronottu  triaeatUhui 

(IVrk),  (Jill 

('nlfl«li,   Amiurut,   sp.,   nuu   Ich- 

ttKrlurut,  HP 

(/"o<l,  Uailu»  morrtitia,  Linn 

('laniH  (Mdfl),  ill/a  atenaria 

(Mntus   (uimhauijM),   Venu$  meree- 

naria,  Linn 

Cral>H,   Catllneetet  ha$tatut,  Onl- 

wiiv 

CrnakprH,   Mieropogon  undulatut 

(Linn.),C.  and  V 

KpIs,  ait.'/ui'Ua  rulgarii.  Tiirton'... 
I''louD<li>rn,  I'aralihiiUiyt  and  otuer 

Cpncra . . 

llnliliut,     Ilippogloiiut    vulgaris, 

Kli-niini; 

MackiTul,  Sfinnber$eoinbni*,  Linn 
Lolmt4^rH,    Iliimarut   americanut, 

Kdivanlx 

Mivjimdon,    lirevoortia    tyrannuM 

(Lair.),  (iocxlp 

Mixi>d  fr»ii»h-watiT  flsh 

Mixod  saltwi'tcrdsli , 

Moon-dull  or  handed  porjry.  Vhirto- 

dii>ntertu /aber{\\nn\nH\ .^ .  and  O 
Miillt't.  itugil  allmla,   Linn.,  and 

U.  bratilifiuu),  An 

OyaterK,  0»trra  virrjiniana,  Ll«ter. 
I'orch  Verca flnviatilia.  Linn.,  and 

Mornixeamericana  (Uiuel.).  Gill  . 
Sciip.  Stenotonnui argyropt  (Linn  ), 

Gill 

Soa-liasfl,    CeiUroprittii    atrarxtu 

(Linn.),  liarn   — 

Shad,  C<M/"'a*opia'w»tj?va(  Wilson), 

.lor 

ShfPjiRlu'ftil.  Archn$arrtru  ^jrobato- 

cephalut{\VM>.),  r,\\\ 

Snitilt.  Otintru*  inordax  (Mitt-h.), 

Gill 

Spanifth  mackerel,  Seomberomorut 

m(u:iUatum  (Mitrli.),  J.  and  G  .. 
Spot  or  IvUfavetro  ilHh,  Liontomut 

oMw/uiu  (Mitch.),  Ue  Kay 

S<]iict«a{;nc,  Cynoieion  regdlit{TI,\.), 

Gill 

Sti'ipod  l>aafi,72(.ceu«{inMi(tM(Schn.), 

0111 

fituriivon,  A eipetutrilurio,  Linn  .. 
Tautos.    Tautoga   onitu  (Linn.), 

(lunfhcr 

Terrapin,  StalaeoeUmmytpaluHrii, 

Guiol 

Tom-cml,     ifierogadu-t    (omeodu* 

(Walb.),  Gill 

Trout    (Mackinaw),    nriitivomer 

namayeuMh  (Pcun.).Gill  and  tfor. 
Tuitio    (varioiiM    salt   and    froith 

water  hp«t1('8) 

Wlilte(l«h,  Corfgnmu  elupeifonnui 

(Mit^h.),  Mi'.tinr    

Whitiiitf  or  kinu-flnh,  ifentieirrui 

nsbuloitu  (.Jltob.l.UiU 


ToUl  by 
•peotea. 


Pound*. 
413,  &:>5,  H63 


New  Tork. 


Kew  .Tomey. 


Pnund$. 
333, 523, 173 


4,  ue,7oo 

212.  600 

5.  710, 800 

580,000 

700,000 

498, 200 
5,  247,  000 
4,  008,  030 

5, 033, 064 

3, 179, 834 

80,000 
2, 036, 3U0 

1,001,500 

100.000 
7.'iO,  000 

201,050 

318,  5K8,  700 
3,  K8X,  ((.M) 
2,410,120 

100,000 

60,000 
23,  328,  100 

1,711,500 

1,.V50,000 

1,401.200 

5, 207, 200 

085,000 

205. 000 

215,  000 

1, 070, 100 

11,0«3,500 

1,528,300 
1, 1  ■*,  000 

035,000 

41,508 

205,000 

560, 700 

15,  .100 

2,140,000 

fia,50o 


2.10, 000 

60,  (00 

3,000,000 

500,000 

500,000 

50,000 
3,  ,'i«0, 000 
3,  407,  750 

2, 705,  810 

1,024,683 

n,'),  000 
1,361,300 

1,000,000 

100,000 
7,'>0, 000 

135,000 

1288,031,200 
2,  720, 800 
l,.'):t4,000 

110,000 

1,000 
7,  303, 10!) 

545,000 
1,500,000 

750, 000 
2,  733, 600 

400,  000 

200,  000 
25,  000 

200,000 

4,000,000 

70.'),  000 
144,000 

600,000 

1,800 

200,000 

.'■.00, 700 


I 


1,174,000 
40,000 


PountU. 
A 181.  •<  80 

1,  nOO,  000 

25,  000 

3,  035,  000 

80,OOJ 

200,  000 

13,1,  000 

1,6H7,  (KM) 

600,280 

3,  132,  280 

1,470,300 

20,000 
551,000 

76,000 


PouDByl.  '  -  , 
vania,     i  "*i»"iiii' 

Poundii.    '    I'omidi. 
2,U33,OU0  i    11, OHM 


l.'>0, 800 

»20,  134,(i00 
200,  000 
*SSi,  220 

50,  000 

5,  000 
13,825,000 

030,  000 

50,  000 

100,000 

864,000 

275,  000 

5,000 

200,  000 

230,  000 

4,  430, 000 

442?000 
300,  IKKt 

130,000 

0,000 

5,000 


15,000 


■  TnclndinK  40.000  pounds  iwiltiMl  for  food. 

*InchidinK  70.0IM)  pounilH  miltiid  for  fiwd. 

*  IncluduiK  23,000  pounda  for  foiMl. 

«IiirludiDg  550,000  pounds  of  refuse  flab  for  fertiliiors. 


30,000  ! 


117,000 


2,  :1m,  700 
I:i7,5(i0 
45,8(HJ 


42«,  000 


00,000  j 


550,000 

m9,  600 

5, 000 


I 


15,000 

4:t,  4(iO  ■ 

150, uoo  : 


«7J,  000 


196, -W 


9,544 

8t,9Jl 

25,000 
124,  OW 

10,500 


150 

sr)'«,!KlO 

SIM,  ".VI 

90 


2,100,1)00 
476, 5(X' 


1,200 

1,OJO,000 

5,900 


649,100 

2,018,500 

247,900 
570,000 

."..OOO 

3O.70« 


3,500 


AMERICAN  riSHERY   INTERESTS. 


801 


t  food-finhes  and  othtt 
'  the  Middle  Slatn. 


Ponndjl-  ' 
vania.     , 

Delaware. 

Pmmdi. 
2.033,U00 

Povndi. 
11,  OH  203 

2,:i08,700 

i;i7,M« 

45,800 

30,000  1 

117,000 

196,  M 

5,  Ml 

'2'>,0(Ki 

124  OUi 

}   

10, 500 

0    

0   

0         428,000 
<j  1  

150 

TO,  000 

5M,7.i'l 

90 

10           

10           

54,700 

2,100,000 

K)           (iO,000 
lO      

476, 50(' 

i 

550,000 

359, 600 

6,000 


1,200 

1,050,000 

5,900 


I       M9,m 

\5,m\     2,018,500 


4:t,  m  \ 

150, 000  I 


247,900 
570,(.H)0 


JulUthomng,  ''.'/  l^iateit,  the  quavlitivit  of  each  of  the  more  important  food-fmhca  and  other 
I       ilcipecies  taken,  and  the  total  ifitld  of  the  Jieheriea  of  the  Southern  Atlantio  States, 


Kame  of  apeoieit. 


Total  by  Status 


Total  by 
apeoiea. 


Marvland 


'^oundii.      I'oundt. 
207, 6.JB,  107  96,  7;;;,  570 


Vlrt;iuU. 


North 
Caroliua. 


Poundi.     I'oundt. 
l&H,  874, 000  32, 240, 488 


32, 181, 372   0, 203, 059 
375,000 


Alfwivpn,    Plupea    vemalit, 

Mitcti.,   and    O.    eettivalU, 

,   Milch ,•- 

[Bkk  hwt*.  Mieroplfifi*  mlo- 
I  umiJm  (I-ac),  lIciiHlmll.... 
ll\iei  imn.l'oyoniaichromit, 

I   Lacqi ,••••.• 

I  Blnetisli.  rorrmfomu*  taltatrxx 

I  (Linn.),  Gill • 

iCittiiih.  Amiunit,    ap ,    ana 

[  WlWiru*,  sp I     1,443,000 

I Cliiirlistnn ixirKioi, Pagelliu,  sp         i<75, 000 
IciaiM  ((luahmigs   or  1  i  1 1 1  o 

Dfcks),  VfMi(»  merctnaria, 

Linn 

Un\ii,CalliMetet  tuutalut.Oru- 


South 
Carolina. 


Pound*, 
a,  143, 250 


641,000 
2,  38«,  417 


'700, 220 


0,025,41315,520,000 
130, 000       175, 000 


75, 000  00, 000 

10,  coo]  1,546,417 

I 

420,  OOOi  500, 000 


40,000 


ICuvalle,  Carangui    (aeveral 

I   spccien) 

UmU'T*,iIieropo(jon  undula- 

I  tiiiiLiun.).  C.antl  V 

I  Ml",  AnquiUa  vulnarix.  Tnrton 
iFluiuidcrs,   I'araitcMhyt   and 

oiliiTpinera 

[Gmn  turtle,  Chelonia  mydat, 

Sebff 

\Gm\ffT^.Epinephelu${MveTaX 

ipecies) 

|Gront»uii(lplg-flHb,  II(gmuion 

iscvcul  spcciea) 

iMenliadfu,  Ilrcroorlia  tyran- 

iiiM(Liitr.).(i()o(l(>  

IHiscil  frpsliwater  IIhIi 

iMiXril  Rillt-WUtlT  flnh 

iHoonlisb  or  I)hd(I«iI   porgy, 
f.kittoixpotetui  faber 

iBr(miis),.I,iin(l  G. 

iMiilli't,  jUigil  albiila,   lAnn., 

I  mi  il. hratilieniiU,  Aj{ 

■Oysters,  OitreaHrginiana,  Lts- 

I  lor 

iPompano,  Trathynotnt  caroli- 

I  »MII,inii.),  liill 

JPeriii.  I'trcajlwiialilu.  Linn., 
ami  Jfororie  am  eric  ana 

limeliii),  Gill 

Siildnini,  Sci'fTOoj)*  ocellatHt 

JUnn.i.Gill 

r's  clioice,  Laijiiilon  rhom- 

I  W'Kl.inn.),  Hoi 

Kup, Simulotmis  arayropn  i 

. (Linn.).  Gill .........' 

■  »-ba8»,  Centroprittit  atrariug 

JLinu.),  tiarn 

Mjiloirua/iWi»»im(i:  (Wil- 

L,>"iiK  Storor 

Wheail,  Arehoiarijtu  pro- 
motriMbu  ( Wajb. »,  Gill . . . 
ptriinp,  Vnmui  ret'i/erut 

[(i-iiin.),  Edwimlit 

»iilsli  roacl((>r(>l  Scomhero' 
|'wra»WMf(,ia(,„(iliteh.),J. 

[Mllll 

Liilitob,),l),,Kay.... 

mtA  m  tniiit,  Cynnieion 

lidflilodu (Mitch.),  Gill 

»Mi  aixl  biVtttVr'llBir/po.' 


'3,366,207  1,166,607 
12,000 


1,056,000 
211,000 

141,  UOO 

06,250 

3,000 

543,000 

92, 104, 800 
1, 457, 033 
3, 350, 130 

221,000 

4, 424, 000 

124, 231, 240 

36,500 

2, 345, 000 

324, 000 

140,000 

70,000 

652,000 

10,«7B,  042 

660,666 

•820, 750 

1,630,163 
1,  420, 000 
1,604,000 
1,074,000 

•  316,000 


20,000 
15,000 

5,000 


863,820 
2, 130, 2001 


4,-)0,  000 
125, 000 

40,  000 


150,000 

600,000 

300, 000 
50,000 

300,  630 
11,200 


350,000 
50,000 

20,000 

6,000 


G-^'HaT.* 


Pound*.   1  Pound). 
2, 272, 600  2, 280, 750 


3, 000    100, 000   400, 000' 


3,003,0001  88,213,800 


778, 618 
103,000 


5,000 
30,000 
74, 200, 000 


8*3, 140 


50,000 
30, 02r); 


li.'i,  130   2,  061,  .loo  587,  .WO 

i        i  ! 

180, 000         30,  OOOI  6. 000 

25,000  3,308,000  232,000     106,000 

47,861,240   1,100,000'  350,000     400,000 


25, 000 


3,500 


8  000 
207, 750 
280,  OUO 


1,000 
063,000 
140,000 


;iOpoim,ls„f  luontaSo  a  buahol  of  clams. 

.':r!ib.s  to  tl.o  poiiu,!. 
iw  in  uuuilHjr. 


18,000 

20,000 

.5,000 

60,090 

1,000 


430,000     100,000  115,000 

I 

17.5,000       3.'),  COO  10,000 

40, 000  3, 000 

50,000 

375, 000  2, 000 

207,000  2.-i2,000 

28, 000  12,  000 


70,000 

20,000 

125,000 

3, 221, 203 


C5,  000 
5-1,000 
1.5, 000 


80,000 


63,  000|    a30, 000|      56, 000 


1,600,663 
700,  000 
360,000 

1,107,000 

115,000 


1 

10,0001      1,000'.. 

I  I 

520,  0001     160,  000 

I  ! 

050,  eOO     180,  000: 
170, 000     290, 000 


2.5, 000 

251, 700 

25,000 

71,750 


200,000 


500 
6,  OOOj      1.5, 000 

eo,ooo|   100,000 

32, 000       15, 000 


<  1,000  in  nunilwr. 

■  Figured  ut  35  poiiDtla  to  the  bnahoL 


Mm 


era. 


892 


AMERICAN    FISHKUY   iNTERESTa. 


Tabte  thotcing,  by  Statin,  the  ijuantitifs  of  each  of  thf  more  imjiortanl  food-fmhcitamlolhtr ! 
H  aquatic  npecien  taken,  ifx: — ('on'iiuii<'<l. 


Namo  of  HpoclPd.  \"^,  ^/  'Mnrylana!  VlrRlnla. 


S'i'lprid  bflRH,  JloeeuM  liiuatia 

(S<hn.),  Gill 

StiirifM)!!,    Acipenter    tturiu, 

Linn ;     1,C10,708| 

Txrntiiin,  JIalacvcltmmyi  pa- 

Umlrit,  (JinrI 

Tiirtio  (varioiiM  wilt  andrroali 

water  H|M'cii'(«) 

Wliitini!iinil  kinif-tlHli,  itm(i- 

cirniK  nlhurnnt  (lAnn.),  CAW., 

AudM.lUtvralu  (llol.),  Uill.. 


Pounds.      Pourtd*.  I  Poundt. 
2,  'iSU.  000       700, 000         O.T),  OlH) 


•304,800' 
60,000 


144,  000 
30,000, 


1,188,000 


3,000 


175,000 


North 
Curoliua. 


4ii,.'r)K 
ig:>,  ooo| 


Pound- 

770,  OlA) 

430,  900 

123,  UUU 

30,000 

150,000 


foiitli 


eolith     _,  EMU,, 


'  Inclndinc  3«,2:m  poiiniln  of  raviaro,  WDrtli  ♦2,:iS8. 
'Includiui;  42,000  |)oiiu>Ih of  tiuviuro,  worth $U, 040. 


Poundt. 

20, 000 

'201,25(1 
23, 4(10 
«20, 000 

8X1, 000 


Potindi.  Potind$.  1 
120,000,     17,liw| 

»334,000|      3,000] 

10.800,      3.000) 


15,000,    lit.ii'O 


'  3J  |iiiuntl!*  fadi. 
*  200  iu  number. 


Ninth  Annual  hr.ronr  of  tiik  Boston  Fisn  BtrnEAU,  .lANtTAnT,  1884. 

UKPOitT. 

Office  of  Boston  Fish  Bureau, 

lioHton,  January,  1884. 

Oar  last  annii.al  report  nipntiorietl  tlio  year  1882  aa  havlnj^  boon  a  successful  andpn 
perouH  on«  t(»  those  iMi}ja}j;«'(l  in  tbo  llsbiii^  biisinoHH  as  prodiicurs  or  dealers.  Witbt 
opening  of  tbo  present  year  a  good  tlenr  n<l  and  satisfactory  pricos  continued  until  M 
large  catch  of  the  previous  year  was  tsxhansted,  leaving  the  market  in  a  good  condi' 
tion  for  the  anticipated  catch.  With  confiidorable  addition  of  new  vessels  and  bettei 
equipped  fleet,  and  in  abetter  fununtial  eoutlition  than  for sevcntl  ye.irs, a prosiionuii 
season,  with  u  large  catch,  was  predicted. 

Our  report  of  large  stocks  and  catches  on  page  l.'i  will  show  that  the  expcctationi 
have,  in  a  measure,  been  realized. 

The  catch  rf  codfish  by  the  (Jrand  Bank  lleet  was  the  largest  for  years,  tlic  flcset  n 
turning  wit''  full  fares,  without  loss  of  life,  and  only  slight  daniago  by  stornia, 

The  mackerel  catch,  in  quantity  or  quality,  has  been  only  fairly  satisfai ton, 
much  reduced  catch  bos  met  with  an  active  demand,  at  prices  higher  tliiiii  loi  tlict 
previous  years,  which  has  largely  conipensated  those  engaged  for  tli<!  dcLreaso  iu  I 
'  catch ;  and  many  large  stocks  have  been  made,  a  few  of  which  wo  have  recorded. 

The  year  closes  with  a  sad  reconl  of  losses  of  life  and  ju-ojierty.  Nunieron.s  and 
vere  gales  on  the  Grand  Banks  of  Newfoundland,  Georges  Banks,  Massachusetts  liuj 
also  on  the  Western  lakes  and  in  the  Chesapeake  Bay,  haveall  adtled  to  the  lone  list  ( 
disasters  and  loss  of  life  to  the  lisbing  Ueets  of  the  Unitt'd  States.  In  the  severe fjali 
from  August  2(5  to  the  IWltb  on  the  (irand  Banks  a  number  of  ves.^els,  \yith(')nii 
were  lost  from  the  French  lleet  and  vessels  of  the  i*r«)vinces.  The  New  England  ll 
escaped  with  small  losses.  October  :U>,  a  severe  storm  in  Massaehnsefts  lia.y  can 
the  loss  of  8  men,  and  in  property  of  HO  seines,  numerous  seine  boats  and  dories,  w 
other  damage  amounting  tn  $.')5,0()O,  all  belonging  to  the  mackerel  flt^et.  Tliestor^ 
in  November  ]»rovcd  the  mcwt  disastrous,  and  were  mostly  contined  to  tbo  Oeor) 
Bank  lleet  from  Gloucester,  the  total  losses  for  the  year  being  as  follows: 


PorU. 


(MoiiceRtcr 

Nowburyport... 
•JeorKntown.  Mo 
I'eniaquid,  Me .. 
Portland,  M«... 
Provincetown  ... 
lioslou 

Total 


Vesiels. 


Ill  food-fixlm  and olher 


,  JanuaUY,  1884. 


w  tliat  )bo  espcctationl 


AMERICAN    FISHERY   INTERESTS. 


893 


The  I0H8OH  of  lifo  inclmlo  r»4  from  dories,  most  of  which  wore  kwt  in  f  ho  fog,  many 
of  tlioin  m><l<>"il»t  «l.vin(r  fr<'">  Htarvution,  when,  with  tho  exponso  of  a  fow  dolhirH  for 
iiniviiliiiK  oaili  «lory  with  water  and  Houiod  cane  of  food,  many  livcH  and  untold  Huf- 
I'criiii,' minlit  '"^v"  ''•'^'"  provnnted.  Tlio  Capo  Ann  AdvcrtiHer  of  July  13,  in  roijard  to 
tlicNiilijoct,  HrtyH;  "Tiiose  kind  of  losseH  are  bueoininKas  familiar  as  a  twico-told  talo, 
anil  attract  far  too  littlo  attention.  Forty-two  mi-n,  in  all,  wont  BHtray  in  a  fog  in 
May  ami  Ji">*^)  ^  dozen  of  whom  are  known  to  have  been  lost,  and  most  of  the  others 
«nileriii"  M  tlio  pan){H  of  death  for  many  hours.  Is  it  not  time  that  some  better  Hcheme 
\in«(li'v'iHP(l  for  coumiunication  between  tho  men  at  the  trawls  and  their  vessel  and 
fur  HiipplyiiiK  the  nocoMHitios  of  tho  men  while  lost  in  the  fogsf "    As  in  the  case  of 

--;;j...r  v(>sh('1b.  a  little  legislation  may  be  beneticial  and  save  many  lives.  The 
liiru'e  loHH  of  life  and  property  tuat  is  aiuu>st  sure  to  follow  wiuiot  uohir.;;  on  Ccorgca 
IbnkHnlw)  cuIIh  u))  the  question,  Should  it  not  bo  discontinued  during  the  inclement 
M'lwm  ot'tlio  yeart 

Tlw  nuiiilier  of  vchhoIs  from  each  port  will  be  fonnd  on  itagcs  17  and  19.  Those  rep- 
rtsciit  vcsseU  only  engaged  in  the  salt- tish  trade.  Boston  and  several  other  ports 
liaviiifrlarjjDlloetH  engaged  in  supplying  the  country  with  fresh  fish — of  them  we  nave 
iiii8tati8ticH,  cither  men,  vessels,  or  catch.  During  tho  past  year  Massachusetts  has 
iiddcd  37  Hall  to  tho  mackerel  fishery,  ti6  to  the  cod  fishery  ;  Maine,  14  to  the  former 
tuil  8  to  the  latter ;  totai,  87  now  vessels  to  tho  New  England  fleets. 

NEW  IIAMPSniUK. 

For  tlio  lirHt  time  inourreports  this  State  does  not  appear.  Her  singlo  port,  that  for 
soiimny  years  was  larg<!ly  interested  in  the  lishories,  is  now  oul.y  represented  la  tUo 
fresblitib  trade,  in  which  quite  a  business  is  carried  on. 

THE  FISUINO  INDU8TKY. 

or  late  years  not  only  this  country  but  most  foreign  countries  are  paying  in- 
creased attention  to  this  industry.  This  will  bo  noticed  through  the  press  and  uu- 
meroiiH  publications,  as  well  as  the  numerous  exhibitions  or  lish  fairs.  The  Dutch  ap- 
pear to  liave  started  tho  movement  of  fish  fairs  by  holding  one  at  Amsterdam  in 
H\,  This  was  followed  by  others,  as  follows  :  Bergen,  Norway,  18(55  ;  Arcachon  and 
Ddiilogiie,  Trance,  l86(i;  Hague,  18ti7;  Oothenburg,  18(37;  Havre,  1868;  Naples,  1871 ; 
London,  1878 ;  Berlin,  1880;  Norwich,  England,  1881;  London,  1883.  These  fairs 
liavii  no  doubt  been  of  mnch  value  to  the  industry.  The  United  States  has  been  ably 
rqircsenteil  at  the  Berlin  and  lato  fair  at  London,  through  the  management  of  the 
United  StateH  Fish  Commission,  receiving  a  large  share  of  the  honors,  a  large  number  of 
which  laino  to  exhibitors  from  this  city :  our  dealers  also  receiving  numerous  i)rizos 
at  Aalberg,  Denmark,  the  past  season.  We  trust  the  day  is  not  far  remote  when  we 
shall  have  a  world's  fish  fair  in  this  country,  and  Boston  is  tho  place  for  it. 

CENSUS  FlSniNQ  RKPOKT.  » 

hi  our  report  of  last  year  we  gave  nearly  a  full  report  from  advance  bulletins.  As 
it  was  not  complete,  wo  reprodnoe  a  complete  report  of  tho  fishing  industry  of  the 
Vniied  States  in  1880.  Tho  report  was  taken  under  direction  of  the  United  States 
Fish  CoiiiiiiisHion,  and  is  by  far  the  most  complete  and  reliable  report  of  the  fisheries 
ivirniade  by  tho  Government. 

ilackerd.—Ot'  t  ho  various  branches  of  the  fisheries  this  always  receives  the  most  at- 
toiitiiMi.  Our  chart  will  be  found  of  interest,  as  showing  at  a  glance  the  great  fluctua- 
tionsiii  the  catch  and  quality.  The  very  small  amount  shown  at  the  commencoment 
isnf  historic  interest  when  we  recall  those  years  as  being  unsafe  to  lish  ottour  shores 
iliirin;;  a  foreijrn  war.  The  Massachusetts  catch  the  past  season  amounted  to  168,811 
harreiN  a;,'ainNt  •2.')8,382  barrels  in  1685i,  a  large  decrease  of  feU,571  barrels.  The  soiith- 
im  fleet,  numbering  1"29  sail,  as  usual  of  Irte  years,  started  early,  sailing  March  12, 
laifdiii},'  the  (irst  catch  in  New  York  March  31.  The  early  catch  was  followed  with 
lair Hiucetw ;  mnstly  being  landed  frosh  acoov  nts  for  the  small  amount  of  cured  lish 
iipdrted  as  taken  south.  The  fish  wore  found  to  be  abundant  and  of  mixed  sizes. 
AstlicseuKon  advanced  the  fleet  worked  ott'  tho  New  England  shores,  fewer  fish  con- 
stantly btiug  seen.  The  flsherraen,  being  of  the  opinion  that  a  largo  body  of  mack- 
frol  were  off  this  coast  but  di;1  aot  show  thomw^lves,  were  not  willing  to  leave  tho 

avored  Rrounds  of  the  past  few  years.  About 50  sail  went  to  North  Bay  in  July,  re- 
iiirninK  with  j»oor  reports  and  few  lish.  Later  in  tho  season,  tho  catch  not  improving 
Mdiuoro  favorable  reports  having  been  received  from  North  Bay,  quite  a  fleet  once 
mm  went  there,  returning  with  fine  faros  of  fish  of  a  fair  quality  and  size.  Tho  total 
nnniber  ot  United  States  vessels  fishing  in  North  Bay  during  tho  senson  was  63, 
»itu  a  catch  of  ii8,666  barrola.    Tho  catch  off  the  New  England  shores  araouutod  to 


M04 


AMERICAN    FISHERY    INTEl     STS. 


185,011)  harrcln;  llio  Houthern  ra>:oh,  i:i,()00;  totiil  catch  of  Hultod  mackdrnl  liy  llioNrnT 
En»{laii<l  tl»!of, '2vi6,(W5 ;  a  docrunHU  of  152, 17H  barruU  from  that  ot  tho  provioiwypir 
Tli«5  HchooiKT  Etlwanl  E.  VVolmtor,  C'a|>t.  8«»louum  Jat^obH,  aH  for  Hovonil  yearn,  Ih  ouch 
nior«  "  hi;?h  iiun,"  with  th«  following  lino  nscortl :  Sitilotl  from  UloiicoHtir  Miirdi  l;r 
himhHl  iipNovomlKjr  20;  duriuK  which  tinio,  with  acrowof  17  iiicii,  <'Jiii|,'lit  •j,i(i(j  |,.if! 
ri'lH  ot'iiiuckurol  that  wore  Halted,  and  400,»KH)  mackerel  w«iro8«>hl  Irctth,  rcalizinirirriiiw 
$27,440,  or  not  125,700,  tho  crow  nliariiiK  :870l).7r>  each.  During  tlio  Hciwon  time  triiw 
wero  miwhj  to  N«>rth  Hay  and  1,UK)  barrolH  of  the  catch  takiui  thcro.  Ciiittuiii  Jacobs 
addn  to  hi«  report:  "  It  is  my  opinion  tho  body  of  h»r>;o  mackerel  will  bo  in  Norlii  bav 
in  lHtJ4  and  tho  small  Unh  oil' this  shore."  Tho  catch  of  tho  rriiice  Kdwnril  Islaiiil 
liMhermen  is  osti mated  as  10  per  cent,  over  tl.at  of  the  provious  year,  with  aslijrht 
improvement  in  quality.  Tho  Nova  Uiiotia  catch  also  hIiowh  an  iiKToatw!.  Oi'tlio 
provincial  (tatch,  75,22(S  barrok  camo  to  this  market,  against  :17,U1()  in  188*^, 

r.'nuoirf /i«A,  in  which  we  include  cod,  huke,  luiddo<'k,  cusk,  and  pollock,  nIiow  a 
larj^e  ^ain  over  that  of  18p!2,  which  also  showed  a  gain  of  12i?,877  (iiiintaUovortbat 
of  1881,  the  increase  beiu^  largely  of  codfish  from  the  (iraud  UankH.    Thy  catch  of  all 
kinds  of  ground  tish  oil'  the  New  En^tlaud  shoru  has  been  light  most  of  tLu8i>a«oii, 
The  (iraud  Bank  Uect  returne*!  from  short  voyages  with  full  fares,  some  of  thorn  tbtj 
largest  ever  known.     A  general  «lepressi«ui  in  trade,  lower  prices  of  provisions,  the 
revolution  in  Hayti,  restricting  the  large  fon^ign  deuutnd  ironi  that  island,  with  a 
largely  inoreaw'd  catch,  have  all  luid  a  tendency  to  depress  tli<>  market,  wliichshoffs 
the  large  «h>cline  from  $5.50  to  $6  of  one  year  ago  to  ^'MtO  an<I  |4  a  (piiiital  at  tiw*  jin 
enttime.     The  total  catch  of  cured  fish  by  the   New  England  llccts  aiiioiiiitcil to 
90:<,28;{  (juintals  of  codlish  and  1'S,2Uj  quintals  of  hake  and  other  cheap  grades,  a(,Miimt  i 
Gt;3,r)<')4  of  cod  and  2:15,310  of  low  grades  in  1882.     Tlie  total  catch  this  Hcasoii  is  1,059,41W  ] 
quintals;  gain  over  1882,  ir)0,5y4  quintals. 

Pickled  herring. — The  domestic  receipts  show  a  falling  off  from  last  year,  tho  shore- 1 
catch  having  been  less  than  tho  average.    This  markt^t  has  at  nearly  all  times  lie«n  | 
well  fiuj)plieu  from  the  catch  of  the  I'njvincos,  and  the  receipts  liave  been  the  lar<;t'«t 
of  which  wo  have  any  record.    Not  for  many  years,  if  ever,  has  the  market  heeiian  I 
weU  supplied  with  Labrador  herring  as  at  tho  present.    While  the  size  in  not  as  lari^ 
as  the  Northeast  shore  herring,  the  quality  is  much  superior.    The  present  price  is  j 
only  about  half  that  of  tho  past  few  years.     This  fact  is  of  importance  to  dealers  aud 
consJimers,  especially  when  the  decreastid  catch  and  very  small  auuiuni  of  uiackerel 
is  taken  into  consideration. 

Borherrinif  show  a  large  decrease  in  receipts,  and  prices  have  been  lunch  hinlier 
than  in  18^2;  a  reduced  catch  and  increased  amount  packed  as  American  sardines  ac- 
coHut  for  the  short  supply  during  a  large  i)art  of  the  year.  Tho  fall  and  winter  catch 
has  been  fully  an  average  one.     Prices  are  again  very  low  and  the  supply  ample, 

Alewive«. — Receipts  vary  but  little  from  1882.    A  slight  gain  in  both  domestic  aud  ': 
foreign. 

Salmon. — Daring  most  of  the  year  the  supply  was  mmlerate  and  prices  roled  high, 
This  season's  eaten  has  been  larger  and  prices  are  again  lower. 

Canned  fiah. — The  canning  of  fish  to  an  extensive  amount  dates  bock  only  a  few 
years,  yet,   contrary  to  general  expectation,   the  demand  steadily  increases,  the  > 
amount  packed  in  New  England  the  past  year  having  only  been  limited  by  the  catch, 
Owing  to  the  small  and  poor  quality  of  tho  mackerel,  factories  have  been  oblijjcdto 
shut  down  or  pack  other  tlmn  tish  products  much  of  the  time.    Caiuied  i^oods  from 
the  Boston  factories  receivwl  many  honors  at  the  recent  exhibit  at  Loudon,  and, 
through  that,  numerous  orders  from  Australia  aud  other  remote  countries.    The  Amer- 
ican-packed sardines  grow  in  favor  yearly,  judging  from  the  amount  packed    Tho  j 
18  factories  at  Eastport,  Mo.,  packed  the  past  season  200,000  cases  of  100  boxes  each, , 
two-thirds  of  them  being  packed  in  oil,  one-third  in  mustard  aud  spices.   T..re«  ] 
thousand  barrels  of  Russian  sardines  were  also  packed.    These  factories  alone  t^AW  ! 
employment  tb  1,200  men  and  women  aud  800  boys  aud  girls,  aud  muio  500  lishernieii  i 
to  supply  them  with  fish. 

()■'  <-  varieties  of  fish  products  are  without  special  notice,  ll  «  market  having  heeii  | 
able  to  fill  orders  for  all  salt-water  products,  dry,  pickled,  smoked,  canned,  or  trcsh,at  | 
nearly  all  times  during  tho  past  year;  also  supplying  the  producers  ^itb  salt,  cno|i- ; 
erage,  hooks,  lines,  nets,  oil-clothing,  and  all  necessary  outfit.  Of  flsliinn-uots,  eveijv-  ■ 
thing  needed,  from  those  largo  and  strong  enough  for  porpoises  aud  sharks  '"  !"" J 
fine  linen  thread  used  iu  the  shad  fisheries,  are  manufactured  in  this  city,  suppiymi,' 
all  parts  of  the  country.  .   .    ,1 

The  near  ienninatum  of  the  Waahtngton  ten-year  fishing  treatii  wilh  Great  liriUm  is  m  j 
importance,  expiring  July  1, 1886.  The  coming  year  practically  closes  any  beuenw  , 
either  country  may  receive  through  it.  The  table  on  page  25  will  be  found  «'  '"'•|'  j 
est  as  showing  the  amount  of  fish  yearly  imported  tho  past  ten  years.  We  trust  smue 
mutually  satisCactory  arrangement  to  all  interested  may  bo  provided  ere  the  w™!""-  j 
tion  of  the  treaty,  that  the  harmonious  relations  of  the  past  ten  years  may  noi  w . 


AMERICAN    FISUERY    INTERESTS. 


805 


ind  prices  ruled  hi;,'b. 


hntki'ii.    I"  ciiHo  no  ncliuii  Ih  tukiMi  tliu  duty  uii  iiiiportinl  IImIi  prtxliictH  frnin  July  1, 

1*,  will  ••«>'"'  *«>H«>wm: 
Miiikorul,  1  cunt  u  I'otiiHl ;  lit^rriiiti,  i>i('klt;<l  or  Hiilt<><l,  oiio-half  of  1  cent  nponnl; 

ulniiiii,  jiifklwl,  I  coat  a  poimd  ;  ot  Imr  tiHli,  uickNul,  in  liiirrclH,  I  coiit  jku*  poiiixl. 
I'lirtMi'ii-cuoK'''  "^''> '"M""'t'*''>  *''''^*''^^''**' '''"^"  i'*  l')irrelH  or  liaU'-harrDlH,  wholhor 

fn.HJi  8iiir)iu'il,  <•  i*''!,  Halted,  or  pi«!kI»Ml,  not  Hpociully  tMiiiinuruttMl  or  proviclod  for  in 

iliiHiU,  5(»ct'iitM  prr  KM)  pounda. 
Ani'hovii^H  and  Nanlin<>H,  packed  in  oil  or  otliorwJHO,  in  liu  boxim,  niraHurin^  not 

iiiort)  tliiiii  '>  iiKlit'H  l<»"K»  ^  ii><;li«'»  wido,  antl  :<(  incheH  deep,    10  eentn  per   wliolo 

Imij'  in  liaU-lioxe.s,  nieuanrinK  i>'>t  more  than  5  inehuH  lon^,  4  ineluiH  wide,  an«l  1| 

(lri!|), '>  ct'nti*  eacli ;  in  quarter  boxt^H,  nieuHurinj;  not  more  than  4J  ineheH  lon^,  '-^^ 

inches  wide,  and  li  deep,  iij  cents  eaeli;  when  imported  in  any  other  form,  40  per 

cent,  ml  valorem. 
FihIi  jtretierved  in  oil,  oxoopt  unubovieH  and  uardineH,  :U)  per  cent,  ad  valorem. 
Siiliiuiii  uimI  all  other  IIhIi,  iirepared  or  preHerved,  and  prepared  nH^atH  of  all  kiudH, 

not  Hpeeially  enumerated  or  ]>rovided  for  in  thiit  act,  '^5  per  cent,  ad  valorem. 
Oil.s  I'otl-liver,  crude  or  reiinvd  Hual.  whalu  and  HhIi  oHh,  not  elHewheru  Hpecifiod, 

•.SpelMi'llt. 
ItisoiirHiid  duty  to  notice  the  death  of  two  of  our  luemberH,  both  of  them  men  of 

mark  in  difl'erent  i>ran*he8  «if  onr  trade. 
J.iiiieH  Brown,  of  IJrown,  Seavey  &  Co.,  died  July  17,  aged  sixty-tlve.     For  forty 

jfure  Mr.  Urowu  was  exteuHively  engaged  in  the  tinh  biiHiucHH,  hiH  llrm  being  es- 
imially  ))roininent  in  the  freHh-tiHli  Hue.  Ho  wait  chietly  known  to  his  uumy  friendu 
anili)iisine8H  n.«HociateH  for  hiu  Hterling  integrity  and  Hocial  dispoHition.  Hi.s  familiar 
face  will  loiij;  be  miH.seil. 

Eilwiinl  Lyon,  of  Lyon,  Dupuy  &  Co.,  died  at  New  York,  October  III,  aged  forty- 
four.  Mr.  Lyon  was  born  and  upent  hiH  early  life  in  England :  after  which,  for  Htiveral 
yearH.  he  lived  at  Ilayti;  from  there  be  came  to  lioHton  and  formed  the  present  lirm, 
ofwliii'h  lit)  wan  the  wsnior  member.  He  alno  OHtablished  a  houH«  in  New  York,  mak- 
ing liia  homo  in  that  city  tlio  i)a8t  few  years.  Persona' ly  he  was  n«-i;  aa  well  known 
to  the  trade  a»  bin  iirm,  they  having  for  the  past  eleven  yeara  been  very  large  ex- 
portersof  linh  to  the  We.-t  ludiea. 
Ill  cloHinj;  this  rejiort,  we  return  thanks  to  our  many  friends  ai:  I  corrcspondent« 
that  have  at  all  times  ho  freely  assisted  us  in  keening  a  daily  reconl  of  the  tishing  in- 
dustry. Ill  this  report  we  return  the  result  of  the  year's  business,  with  the  couii)li- 
mcntiiuf  the  season  and  our  best  wishes  for  the  future. 

W.  A.  WILCOX, 

Secretary. 


Ikce'n)tB  offish  by  lionton  dealers  from  jorcign  and  domealic  portt,  lttd3. 


Janoary. 

febmar}'. 

March. 

AprU. 

May. 

June. 

FiHb. 

5 

s. 

2 
d 
o 
,*< 

1,207 

t 

2 

i 

3,058 

314 

i 

4,704 

i 

1 

i 

I 

n 

a 

s 

s 

1,146 

t 

I 

1 

0 

a 

i 

a 
1 

Hickerel barield.. 

Hackenl,  Boston  (1  out, 

2,380 

1,043 

850 

208 

380 

760 

10,000 

iwpirtej  barroU. 

I'ltkW...  bamiU.. 
Fnizcn do 

247 

1,735 

160 



1,884 

800 

14 

824 

249 

i,ao7 

160 

S,3U7 
7, 0L"4 

129 
a  (KM 

762 
137 

271 

129 

239 

283 

7,506 

Mmoii do 

114    'ioo 

ilc»ives: 
Pickled  do.... 

904 

23 

8 
6t 

120 

1,167 
375 

'.,  6.% 
13 

3,282 
130 

.  Sinokwl do.... 

lm\ do.... 

§i>'l. do.... 

HrtiiiiiB.,  smokod,  boxe« 

flMUT.*,  smoked.,  do.... 

"M5 

1,5C6 

364 

"508 
86 

"""so 

2,  SB9 
1, 142 

'i'ioo 
i.obo 

12,0iW 

1,  iO> 

045 

32:373 
1,03H 

'i:63v. 

4(10 
8J0 

3i:757 
210 

78 

1:560 





14:246 

25:6ci 

fw'j'sslUh  do.... 

f^'keral.iiuinod   do.... 

1,493 
100 

""*47 
274 

1,056 
300 
255 

6,531 

175 

60 

311 

"'tm, canned.. do  ... 

SO 

874 

30 

130 

I  101 

l*»'' niilntalB.. 

Sil-" ...do... 

6.764 

4,  520 

5,541 
1,900 

7,125 
72 
02 

4,630 
010 

""Ui 

4,387 
120 
141 
100 

1,858 
76 
25 

6,704 

300 

80 

8,702 

200 

26 

Wlmt do 

^M ido::;; 

80 

15 

^ do.::: 

*"•*' 

son 


AMERICAN    FISHERY   INTERESrS. 


Fl.h. 


Markpn*! barn'ln.. 

MiicktMTl,    Uusluii  fltxtt, 

lnNp4H-ted barreta. 

IIvriiiiiiH: 

IM>'kl(Hl ilo... 

Krozvn ilo... 

Kalnioii do... 

VickliMl do  .. 

Smokud du. .. 

Trout di»... 

Rhfld do 

HorriiiKH,  ■mokiMl  .Imxna 
B loatoi  H.  nniokcd . . .  do . . . 

Bont'lctm  tlHh dn. .. 

]|ackor«*l,  i'ttnm-<l  ..do... 
L<)biit<>ni,  canuetl . . .  do . . . 

('odllnli <|uliit>ila. 

Ilaku do... 

Haddock do... 

Pollock do  .. 

Cuak do... 


July. 


I 


3,814 


332 


I 


Augnat. 


r 


n 


i 


a 

if 


1,508'  0,303  10,870 


e,741 


14U 
3,003 


443 


8,S71 


fl78 
1,620 


Sei)(rinlM>r. 


i 


,907 


420 


80 


27, 00a|28, 000  20,  S02  10, 82i  70, 078 


1. 217 
1,404 

6,723 

007 

lOl 

208 

82 


2,748 
3,192 


2,043 
4,019 


7,103 
3,3US 

n 

100 


H,noo 
7, 7:i:i 

4U 
184 
110 


3,775 

1,078 

2(M) 

0,8711 

•i,  S'il 

00 

40 


i 
I 


18.044 


0,123 
"288 
03 


0 

100 
31,ti81 


1.054 

0,  rm 

379 

80 

250 


()(:U>ber. 


I 


0,007  10,460  2,40a 


Novcmbor 


I 

a 


4,909  28,013 


80 


701 
110 


s. 

i 

7,328 


1, 555 10, 279 

80  ""m 


So       840 
48, 027,14, 85;t|'J2, 804  lin,  205 

4,028 i;i,(rj(l|  1,579 

4,840 1  a,  IKl' 

1,400       TM\  ;),7«5' 

I        78' I     174 

15, 408  12,  5,^8  i;i,  000  8,  mi 


D««Miker. 


IMMIUJT 


115 
791 

m 


4,018 
1,1117 


SI  I 


4,078 

3ua 


101 
371 
327 


RECAPITULATION. 


»,a7fll  1,(1781 
1,  o:i8      9«: 


1&,  176 


4H7 
434 


m\. 


'A  851 1 

IK 


PUh. 


Mackerel burrcla 

MM^kend,  Boeton  fleet,  inapected do.. 

lieriinea: 

I'kklod do.. 

Froten • • • do.. 

do.. 


Balnion  . 
Alewlvca: 

Plcklwl do. 

Smoked do. 

Trout do 

Sha<l do.. 

IIcrrinjCH,  Hmoked boxea 

liUmtera,  Hiiiokod do.. 

Itiiiinleaaflah ■, do.. 

Maitkcrcl,  canned do.. 

IvoltHtom,  canned do.., 

CodtiHli quintals 

Hako do.., 

Haddock do.. 

I'olliKjk do.. 

Cuak..,.. c do.. 


NiivcmWr.  |  Dwniber. 


t 
I 
s 

a 

0 

n 


2,493 


i,m 


i,4Kii,ini 


1, 555,10, 27» 


80 


S23 


Jtl.')  8,33}  j 
731'    3»j 


1,571] 


»,22,f)04  3n,205 
1,579 


13,020 

2, 1H3 

3,785 

8' 174. 

8i:i,nw)i  R,ii);ii^|-6|2,fill 

11   0,376l  I,U7«     0061    7C 


4,0t81l,>aj 
1,017'.. 

ISI'.. 

81    S)| 


i,o:i6 

4H7 
434 


40U|! 


1b.. 


SO 

234,040 

24,044 

20,008 

ia,72.'-. 

455 

104, 1H2 

24,  flflO 

l,»6i 

1,341 

C26 


l,5l4 

54.5 

233,5)7 

3,l!l« 

l,.'iSfl 

m 

13,UT« 

5!l,:«i7 

2,075 

1,(177 

".,  10« 

50 


AMKKICAN    FISHERY    IN?  £HKBT8. 
liak  reoeivvd  bj/  Uvtlon  dealjra,  IbTO-ltitU. 


KUk. 


l(.*erel b«n*U.. 

Uar  ?rcUI«<*4<»irtovt,  bar- 
rel"  

IIi.irlii|!« Urrcta.. 

Alfwircii do.... 

Salmon flo... 

Trout <lo... 

n,TTto|f ,  imokcMl  . .  b«xe« . . 

IlllHtim,  HNUlkMl  —  ilo   ... 

IkI (pilnfala.. 

ILiku ilo... 

HaiWnfk .«lo 

PolliKk *lo... 

Cnik do  ... 

SIikI Iwrrehi.. 

BoHk'Htltb l>ox«M.. 


im. 


t 

I 

93,818 

40, 413 

7W 
145 


20>,  47» 

33.077 

12M,  »n 

27,  MO 

»,  16ft 

I.MW 

2,059 


0,016 


>84, 213 

30,  tm 
ft,  727 
ft,H«8 
1,437 

16H,87U 

■ii.M!) 

6,610 

022 

3,  4.-17 

212 

8,042 


e 
H 


167,444 

06,844 

(i,  522 

0,013 

1,487 

460,  310 

23,  077 

150,  eui 

83,  870 
10.  077 
ft,  086 
2.271 
8,042 
6b  016 


IMO. 


262, 483 

2(1,  603 

124,  33H 

32,  222 

0,172 

1,523 

1,  362 


»,Me 


F 

In 


105, 730 

20,310 
6,Ot42 

2,  8:«J 

eori 

118,116 

30,  iii 

8,81') 
070 

3,  702 
187 

1,  07S 
64 


196,408 

M,809 

7,088 

2,802 

608 

443, 507 

20,  603 

10:i,  4he 

41,032 

10, 148 

4,285 

1,540 

1,075 

9^760 


I 


Fiah. 


Hickerel br.rrels. 

Mackcnl, IhMton  fl«)Ot do... 

UertiniiA do... 

Alrwives do... 

Salmon .........do... 


Trout do. 

llfnlDi!,  Binnked boMA. 

I  Bloattrn, Biuoked do... 

i  M qaintAla. 

Hike do... 

:  Httklork..... do... 

Pollock do... 

Cmk do... 

UU barrels. 

Inwleuflih WxM. 


1883. 


is- 

is 


44,186 

83, 17* 

10, 678 

1,120 

2,144 


250,701 

30,541 

80,207 

20,625 

9,288 

056 

1,604 

30 

11,833 


is 

e 


?37, 610 

41,0<8 

0,600 

1,600 

1,84ft 

440,  OHO 

6,066 

60,  f.78 

0,434 

1,081 

2,120 

104 

1,245 

lOT 


I 


104,977 

52,500 

10,828 

;i,  H34 

1,845 

708, 870 

35,617 
130,  875 

39, 050 
4,260 
8,076 
1,608 
1,271 

11.  MO 


1881. 


20,  610 
125,  4W) 

41,021 
5,702 
1,773 
1,409 


U,2«8 


44.006 

8,104 

1,007 

1,147 

274,592 

810 

66,852 

7,001 

3, 020 

88 

1, 152 

818 


1888. 


ISO,  808 

144,431 

0. 120 

2,126 

1,200 


2.34, 040 

24,044 

104, 182 

21,660 

1,963 

1,341 

626 

60 

90,908 


176 


6,226 

84,650 

10,650 

3,216 

1,584 

Wl,  547 

3,106 

6'»,  367 

2,075 

1,077 

1,108 

60 


«.  Ex.  113 57 


897 


904,020 

66,008 

10,288 
i,9n 
1,H7 
013, 418 

30,42i 
182,  :t02 

4H,U32 
7,488 
4,7D!i 
1,807 
1,1M 


140,469 

03,770 

12,775 

4,416 

1,584 

467, 687 

28, 140 

103,040 

26,744 

8,030 

2,440 

670 

695 

M.8M 


..fei-ii4tiij.;« 


808 


AMEKICAN    FlSlIEltY   INTEUE8TS. 


Peitort  of  some  of  the  "  high  Hner$"  of  Ihe  Nno  England  mackerel  a'ld  codrmk  Ap^i. 

ion  1883.  •'     ''    '> 


Ma 


UACKKUEL  YUSBLI.8. 


Schooners. 


ICiIwanl  K.  Wvbat«T,  Glouooator ..... 

NoIIioN.  Itowo,  Glouoc'iitor 

Voluutoer 

Wni.  M.  Gafferey,  Oluuooster.* 

Ijfiona 

Abble  M.  DoeriuK.  Portliuid,  Mo..>. 
>'anoi(<  A.  HpurlinK.  I'orUand,  Me... 

KlMioM.Sinlt.il,  I'ortlaiid.  Me 

Klizalirth  \V.  Smltii,  I'ortland,  Me.. 

KUen  W.  Sawv^r.  rorUaod,  Me 

Ncpnnnet,  BohIoii 

C.  II.  KoUoy,  UoMUin 

M   B.  Tower,  Koaton 

Mertin  Sc.  Delmar,  Soath  Cbatham  .. 

Willie  Irvini;,  Soath  Cliatbam 

Alice,  I'l-cvliiectrtwn  

IlattinI).  LlnncU,  Provtncotown  ... 
A.  K.  }It<rrick,  Bwnii'a  IMnud,  Me... 

Maud  M.  Stort'v,  Rofikport 

Mary  E  Whorf;  Welllleot 

liOttlo  Ilopkiua,  North  Uavcni.  Mo.. 
H.  D.  lVrkln«.  North  Hav«n,  Mo  ... 
]U)U('r  Williama,  North  llaveri,  Me  . 

Amy  VVixon,  North  llHvcn,  Mo 

Alien  Fos,  North  Ilavpn,  Me  ..r.... 

Sea  Foam,  North  Haven,  Mo.  

Willie  Parkmnn,  North  Havon,  Me. 

Onala,  North  Haven,  Me 

V.  II.  Smith,  North  Ilaven,  Mo 

^land  H.,  North  Haven,  Mo 

Kbt'n  Dale,  North  Havrn,  Mo 

Lonia  ii.  Koxio,  UchithlUiy,  Mo 

Cynoaure,  ItooUi  Bay,  Me 


Froah,      Pickled.      Kii^t 


Barreli. 

800 


1,  OO.-) 
000 


ouo 


600 


SarrtU. 
2,100 


1,200 
OliO 
004 

1,044 


1,600 

1,200 

000 


1,240 


i.m 

702 
610 
840 
800 

1,050 
000 
KUO 

1,040 
050 
720 


000 


'»2.'i.7OO00 
'24,7MI  m 

12,  WHIM 
'UWfltr. 
'ri.llliowi 

l.),8Wlw 

i3,3;.iM) 

1"  '.'i;l  lj:i 
O.SIllKl 

O.l I 

'II,,'-. 

7,'.'ftH(l 

H.i'.lHilll 

1U,4UII(«I 
'l2,(«)t)W 
•10,300  M 
12.380  M 
D.OWdit  ■ 
e,  100  00 
H,.MOW 
0, 200  00  ; 
COCOM 
7,000  III  ■ 
f>,  lioo  On  j 
7,:ioowi! 
7,woo«l 

«,f)«0  0o 
7,700  00 ' 
«,2*)  W) 
7,21)0 1«  I 
J3,5.'i4  50  : 
Ii,(lllo0o{ 


•  Net. 


•OroM. 


CODFISH  VESSELS. 


Schooner. 


One&re. 


Llaile  W.  Malbeaou,  Provincetown 

Willie  MrKajr,  Provinootown 

I^eon  Swift,  Provlnc«'town 

John  A.  Matheann,  Provincetown 

I.«iirejce  A.  McKenisin,  Provincetown. . 

L.  A.  Oront,  Provincetown 

Dsile  Colby,  Provincetown 

Jennie  X.  Matheaon,  Provincetown.   ... 


4,300 
4  10O 

a,  800 

8,800 
8,800 
8,200 
8,000 


Schooner. 


Onefue,] 


E<lith  Mclntire,  Provincotiiwn  .... 
<;arrio  W.  Clark,  Pnivincetown  ... 

■J'.illin  Swift,  Provlncotown 

Mary  Mathenon,  Provincetown.... 
William  Matlii.wi?!,  Provinretuwn . 
'}.  W.  Bentlcy,  Provincolown  — . 
H.  M.  Simnio'na,  Provincetown.... 
N.  E.  Symonda,  Buoksport  Me 


Qui'n'Aii, 

:i,oo«j 
■.'  m  j 
.',  w>()  j 
■-■,  I'l*  j 

2.WJJ 
.',4M)1 
2,R«| 
2,!M)1 


s. 


ml  a'idmlfiiihjlnlt,m 


i»h.      rii^kled.      Stock. 


rreli. 

8U0 


1,  OCi 
000 


euo 


Barreit. 
2,160 


1,2110 
OliO 
004 

1,044 


1,600 

1,200 
000 


500 


1,240 


1,<|A0 
702 
flIO 
840 
800 

1,050 
900 
K90 

1,040 
050 
720 


900 


'♦2.'.,  700  00 
'24,700  0(1 
12,000  00 
'12,000  09  j 

'ri,otiooo ' 

1.1, 8K0;) 

10, 201  on  ' 
lUTOW 

0,  con  I'D 

'11,V"W| 

7,  J/i  HI 

14,  111 I 

H),4i«iM 

'12,1"' 1 

•lO.IMiiH) 

12,;!-ii(.i 

D,|ii«)i>i 
8, 100 110  j 

K.rioooii 

f],2l«0i) 

6,  m  w 

7,000  l>l 
fi,8OO0oi 
7,300  l«j 
7,NI0W! 
8,  coo  Oil  I 
7,TOO0O] 
((,200  00 1 
7,200  00  J 
U  554  so  I 
8,000  00] 


«GroM. 


K)Der. 


Onofue.] 


px»vincct4iwn J'^, 

n.vlncetown -™1 

iKKtown :;™1 

mviiioetown ;  ,-;;™| 

,I>rovinwlo«n ^  .^JWj 

ovincHtown |  .-'^l 

lovlucettiwn j  jj*' 

ick«i)ortMo *' 


AMERICAN    FISHERY   INTERESTS.  899 

jimunt  0/  innpectcd  barrch  New  England  mackerel,  packed  ct  home  porta  and  southern 
catch,  OB  reported  to  the  Ho»(<m  liah  Bureau,  1883. 


Ports. 

North- 
east 
Hhore 
tteet. 

NorUi 
Bay 
fleet 

South- 
ern 
fleet. 

ToUl 
iium- 
Ikt  of 
sail. 

Total 
number 

of 
crow. 

North- 

eaat 

nhoro 

catch. 

North 

Kay 

catch. 

Konthem 
catch. 

ToUl 
catch. 

It/Mtiin'      

12 
6 
1 
1 

2 

8 

22 
5 

1 

n 

b 

ino 

2 

15 
2 
7 

!I7 

308 
71 
11 
80 
70 
2,324 
28 

240 
28 
75 

650 

Ifuipteted 

barrelt. 

20, 431 

2,400 

150 

2,000 

025 

71,550 

Tntpectfd 

barrelt. 

10,000 

IntpeeUd 

barrelt. 
5,000 

IntpeeUd 

barrelt. 

44,431 

2.400 

150 

South Cbntliftin  ... 

6 
5 

8U 

1 
1 

1,160 

350 

5,000 

4,050 
076 

(iloncontcr' 

Ncwl)iirypi)rt'  — 

85 
1 

14 
2 
« 

87 

61 

10,260 

02,810 

8,030 

260 

9,180 

I'lvninnth' 

1 

WoUf  cftt    

14,800 

14,800 

XotAl 

114 

64 

100  I      268  1    7, 385 

1.10, 705 

20.288 

11,760 

18e,8U 

Maine: 

lioothHay 

Hrist^tl*     

4 
1 

a 

2 

1 

2 

32 
5 

1 
1 

10 

14 
1 
3 
2 
2 
14 
88 
6 
0 
2 

212 
15 
42 
20 
28 

100 

000 
74 

128 
27 

7,484 

480 

7.904 

1 

Kiwlport* • . 

i 

6 

I 
11 

>o:t  illavon' 

i'ortlAnd'  ......... 

270 

200 

45,000 
1,740 

2.400 

47,400 

1,740 

300 

Swau'«  Island  • 

Vjnalllaveu' 

Total 

2 

e 
1 

300 
200 

200 

62 

0 

29 

00 

1,340 

64,224         2,400 

1,260 

67,874 

ToUl  cateli  of  New 
£DglaDiltlrot: 

1883 

106 

223 
2US 

03 

129 

119 

»3 

358 
842 
208 

6,134 
6,  OKI 
4,258 

185,019 
829,874 
364,253 

28,686 

ROOO 
40, 180 
27,404 

226,685 

1(W2 

878,863 
301,657 

1881 

■  Tncliulea  TMa<>ls  from  other  porta. 

'  Vosaela  packed  out  part  or  all  of  catch  at  otki^r  porta. 

itiiore tf»{  mrntionecl  only  flahod  off  the  Northeast  shore.    The  Bay  aad  Southern  flaetalito  flahed 

lbttepart(jritiuBoaaon. 

900  AMEttlCAN    FISHERY    INTERESTS. 

IftV!  England  fleet  catch  of  cod  and  oihir  gronudJl»k  landrd  at  home  pork  as  rfim,i^  ,  I 


«(> 


MMMMlMBetUi 

Boston' 

Bevei4w« 

CLuuiMa' 

Boat&rH»tham>  .. 
Koath  I>BTtraoath . 

Kairb«T«n* 

(MoiioMter** 

tSonth  Harwich.... 

KiDsatoa 

UarolehcMl 

ProviDoetown'  .... 

Plymottth 

Rockport*' , 


Total. 


Mflino: 

Ikwth  B»y 

liuokAPort 

BMsUarbor* 

Rremca 

BristoT* 

CranbMTy  Isle..... 

C«p«  PoTpolMJ* 

I)eerrf«lf>» 

Kaiitport* 

E!ls':rorth 

Friendship 

QeorRetowB  *■■ 

Ilanww«ll 

IforttiH»ren**  .... 

Lamoine 

Orland 

Portland* 

Pemagnid* 

Port  Clyde* 

Swan'H  Island**.... 
Ktmthweat  Harbor . 

Southport'* 

SotlRwfck 

Vinal  Harcn* 

Winter  llorbor  .... 


Total. 


Total  New  Enf'and  fleet  t 

1883 

1883 

1881 


■Q  a 

"A 
111 


2 

e 
1 
1 
1 
1 

162 
1 
2 
1 

74 
8 
3 


348 


3 

6 

» 

28 


7a 


822 
815 
208 


1 

W 


160 


TO 


27 

e 

3 

5 

17 

5 
80 


10 
« 

11 
7 


80 
1 
8 
S 

e 


28 


202 


421 

377 
336 


8 

12 
8 
3 
1 
2 
288 
1 
2 
1 

74 
3 

10 


408 


27 
7 

27 
8 
5 
5 

17 
B 

28 
8 

au 

« 

u 

10 
6 
0 

1 

2 

s 

0 

7 

4 

20 


338 


746 
DOS 
004 


2 

o 


o 
H 


HO 
ii)4 
1»7 

30 
0 

41 

13 
S6 
13 
1,110 
25 
135 


rg  a 


5,210 


220 
01 

180 
02 
40 
fiO 

107 

:t5 

500 
44 

ir>o 

42 
00 
128 
08 
I'.'O 
700 
IflO 

ao 

72 

70 
128 

50 
148 

50 


3,385 


8.601 
7,710 
6,402 


i 


o 
« 

M-^  a 


8,000 
1,000 

i,2.')0 

l.WIO 

32.1,  000 

2, 6<.0 

t,2(KI 

141,  ©."iO 

3,  000 

8UU 


^  s  l" 

y 


017 


1,000  I 
6,600! 


1,30(P 
2.52,  (K)fl  ; 


5,500 


'Mi 

"  i.iii 

i'HM 

yn 

1,; 
iiijjij 

3,0 


487.700      267,900  1    ^M 


8,800:        e.MXI 

ll,,»00    

5,™ 

2,875         1,41.'! 

1,500  485 

1       4,0fl{ 

I       5,000 

!  300 

3,  BOO  I     10,  m 

3,500  I 

I       8,5M 

»,148 


".3 


1,100 
11,800 
10,840 
20,000 


10,800 

5,000 

560 


90.075 


578,7.15 
474. 078 
355,640 


»,4(tu 
«,150 

ll.iJOl 

l<iMI 

102,000 
7,000 
1,275 
1,701) 
,'.,000 
1,750 

MM 

im 

UN 

\m 

12,551 

21,300 
1,750 

■JI,-4( 

1,:.^ 

.^'4\      M,'i 


482,063 
424,826 
419,387 


l,«l,i 
'"5,0 


'  Landed  fktrca  at  other  portn. 

^  Part  of  the  cat<'h  lamU'd  at  other  porta. 

*  Catch  of  araall  iioatit  and  number  of  flHhernien  included. 

*Keoeipt«of  vewela  from  other  portn  included. 

'Halibut  reaaela  included ;  oatoh,  7,30.^, l;<3  pounds. 

*Indade«  north  bay  fleet,  14  sail  and  11, 000  qointals. 


AMERICAN  FISHERY   INTERESTS. 


901 


me  ports,  o«  rpjwied  lo 


a 

5-1 

0 

u 

« 

§1* 

S-,0 

•0"? 

„3 

^iu 

OP 

i 

o 

H 

'h'.m 

""i.'mo 

i 9,'6M 

1,000 

6,  two 

1       ".6«| 

1,21)0 

1       ]  25 

1,(K)0 

l,30(t 

'     im 

ii-<,  eno 

2r.:;,9«fl 

•    iUM 

5,500 


l,3i 
2,( 
l,i 
141,1 
3,t 


187, 700 

287,000  i 

755,  M 

8,  800  : 

: 

9,  MO 

1»,30 

lb,  000 

lU.W 

5,7;j0 

5,73 

2,875  ! 

l,4lfi 

4,21 

1,500  1 

485 

1.98 

4,ooe 

4,00 

! 

;,flo« 

5,91 

1 

300 

3« 

8,500 

10,0(M 

2-:,5C 

3,500 

3,51 

8,9«0 

11,51 

»,148 

3,H 

9,4«0 

:i,4( 

«,  150  i 


102,  m 

7, 0()(> 
1,275 
1,700 

.^oflo 

1,750 


11,1 
!      10,f 

!     It' 


21,300 
1,730 


2;:;,j?H     306, « 


4R2,0fl.1 
424,826 
419,387 


1,061,1 


Vrke  of  mackerel  in  Maasachuiettn,  per  barrel,  of  each  grade  of2nckled  mackerel  in  iikefir$i 
'  week  of  September  from  1830  to  1883. 

[Comptlocl  from  the  report  of  U.  S.  CominiHHionor  of  Fish  and  Fisheries.  ] 


Year. 

Nal. 

No.  2. 

Ko.  3. 

92  62 
2  62 
2  75 

2  85 

3  35 

4  00 

5  00 

4  12 

5  50 
7  00 
5  50 
0  00 

4  00 
0  OO 

5  50 
fl  87 

3  87 

4  25 
3  37 
3  50 

5  00 
5  12 
5  75 

7  50 

5  00 

6  25 
6  00 

8  .50 
8  50 
8  50 

Year. 

Ko.1. 

Nal 

Na3. 

«5  00 
5  75 
5  00 
5  72 
5  72 
7  00 
9  00 
7  75 

11  00 

12  50 
12  75 

12  00 

9  no 

10  12 
9  50 

13  00 
9  12 

13  75 
9  00 

12  00 
10  12 

10  00 
9  00 

11  50 
15  00 

10  00 

13  00 

15  00 

16  54) 

14  50 

$4  50 
4  75 
4  00 
4  72 
4  72 
II  00 

8  00 
0  50 

9  25 
10  50 
IM  .50 
10  00 

0  00 
8  12 

7  50 

10  50 
(i  25 

8  25 

6  00 

7  00 

8  12 
0  50 

7  00 
E  .50 

12  25 

11  00 

8  00 

12  .50 
12  60 
12  50 

1860 

|16  00 

8  50 

8  25 

14  00 

30  00 

22  00 

22  75 
17  00 

17  00 
38  04» 
91  50 

23  00 

10  00 

11  35 
11  50 
14  .50 

14  75 
20  00 

15  00 

13  26 

14  00 

16  25 

15  00 

16  50 

18  00 
16  00 
14  00 
14  00 
18  00 
20  00 

$8  se 

4  50 

6  00 
9  25 

20  00 
15  00 
13  25 

12  25 

13  00 
11  SO 

11  00 
9  75 

7  60 

7  as 

9  35 
9  60 

12  35 
12  3» 

8  OO 

9  00 

11  00 

10  35 
6  75 

12  60 
8  00 

5  00 
70« 

6  00 

11  00 

14  00 

$5  00 

1801 

2  76 

1862 

4  SO 

1803 

0  50 

1864 

1806 

9  75 

laM                      ....••>> 

1860 

1W7                        ........ 

1H67 

7  SO 

iHia                   ...  ..■■•• 

1868 

IMO                               ....•-.. 

1830 

Ifllll                            ......... 

1870,  bay 

lilJI                             ......... 

1870,  shore 

law                 

1871,  hay 

6  60 

iim             

1871,  shore 

6  25 

1872,  hay 

7  00 

1 872,  sliore 

1873  bay 

e  00 

IgjJ             

1873,  shore 

i;^           

1874,  bay 

7  00 

tfllO                        

1874,  shore 

7  00 

iKn             

187,".,  bay 

)g51              

1875,  shore 

7  50 

1852 V 

1(53 

1676 

1H77 

6  60 
8  00 

1J54                    

1878 

500 

]j55            

1H79 

8  00 

IKSli  

im) , 

4  00 

1J57   

1M81 

4  00 

18S(i 

1882 

8  00 

1859              

1883 

10  50 

Tonnage  of  vessels  of  the  United  States  employed  in  the  icliale,  cod,  and  mackerel  fisheriea 

from  184iO  to  1882,  inclusive. 

[From  the  IlKures  eolitaiiicd  in  the  annual  report  of  tlie  Kexiflter  of  the  Troaanry.] 


Year  ending  June  30— 


IW., 

Ml., 

i  W.. 

m.. 
\m. 

[ISJi 
jlW 
llM?. 

m. 
m. 
m. 
\m. 

liC2 

mi 

IK, 
Wi. 
1*77. 

il«J. 

[m. 

m. 


Whale 

Cod 

Mackerel 

Total. 

flsherica. 

fisheritta. 

fisheries. 

Ttmt. 

Tons. 

Tont. 

Tons. 

106,  Ml 

IM,  053 

26,111 

38»,6C5 

145,734 

137, 846 

54,795 

330, 375 

117,714 

133,  601 

80,596 

331,011 

9I»,!!«8 

117,890 

5l,frl» 

J67,537 

85,145 

103,  743 

55,409 

354,386 

Wl,  516 

66, 1R5 

41 

106,910 

105,  170 

51.642 

40,       ' 

203. 401 

02,  384 

44.567 

31.  4U8 

128.449 

71,343 

83.887 

155, 230 

70, 202 

62. 704 

132,906 

67, 9.54 

01,460 

159,414 

61,400 

92,  865 

154, 3,55 

51,008 

07.645 

149, 155 

44, 755 

109.  610 

154, 274 

39,108 

78,290 

1 17. 398 

38, 229 

80,207 

118,436 

39,  lie 

o7.802 

126,  918 

40,  503 

91.085 

131. 678 

39, 700 

86,647 

120,  247 

40, 028 

79.885 

119,913 

38, 408 

77,538 

115.940 

38,  651 

70. 137 

114,688 

32, 802 

77, 

B63 

110,665 

'  The  tonnago  for  1865  and  1860  is  partly  by  new  mcasurempnt  and  partly  by  old. 
S0T(._Tlie  in««ltfln>l  lic^nno.-t  l^ave  not  been  Ismiwl  separately  since  1867.  when  B  general  fishing 
•iwiisewM  providod  to  ntplsce  coil  and  ntaclteret  Uslierlcs. 


^ixl 


902 


AMERICAN   FISHERY    INTERESTS. 


The  following  table  ban  been  proparcd  from  tbo  annual  report  of  tlio  Rnreau  of 
Statistics  of  tbo  Treasnry  Dep,  Ttniont,  and  aro  haHed  on  tbe  cnHtoni-house  returns 

Attention  may  be  called  to  the  importation  duty  free  of  I()9,737,4ii0  pounds  of  fresh 
fish,  valued  at  (^3,'242,5(>(i.  Nearly  all  of  tbis  canio  froni  Canada  under  tlio  treaty  of 
Washington.  '' 

The  exports  have  constantly  increased  in  quantity  and  value,  due,  doubtless  in 
some  degree  to  tbe  successful  participation  of  tbo  United  States  in  the  Inteiua- 
tional  Fishery  Exhibitions  held  in  Europe, 


Statialics  of  the  imports  of  fmh  and  fiah-oil  for  ten  yearn  ending  June  :W,  1»;82. 
|By  Charles  W.  Smlloy,  U.  8.  FlahCommiHsloD.J 


FKKR  OF  DUTY. 

Flsli,  notof  Anipriran  flHh«ii«-8: 

Fresh,  of  alt  klDilH..p<iuuil8.. 

Ilnninx,  picklrd. . .  .Imrn-U  . 

Mackerel,  pickled du 

OilH : 

Whale  or  flxh,  notof  Ameri- 
can flnlierieH Ki^llonH.. 


nUTIAIII.R. 

Fiah.  not  of  Amerirnn  fiNli(>rieA: 

lierrincB I)«rrel8 . . 

Mackerel tlo — 

Oils: 

Whale  and  fish,  not  of  Ameri- 
can fisheries gallons.. 


1873. 


8,rafl,27» 


08,082 
))U,88» 


S23, 012 


1874. 


9,  587,  R05 
SI,  428 


105, 448 


31, 128 
19U 


220,628 


1876. 


IS.  .108, 700 
70, 703 
77, 470 


277, 730 


21,  .581 
60 


115,  (W4 


ll>70. 


10, 723, 210 
87,  .'i.'M 
7(1,  Ml 


103,184 


17,268 
7 


102,883 


18"7.  1S78, 


7,7nr),9«i 

(i:i,280 


i;)8,708 


61,882 


FRKB  OF  DUTf. 

Fish,  not  of  American  flslierier : 

Fresh,  of  gU  kinds ponnds.. 


pon 
HerriiiK,  pickled barrels.. 


Oils: 


Macken* 


ptcKi 
1,  pie 


kltMl 


.do.... 


Whale  or  fish,  notof  American  flsh- 
erioH gallons.. 

DUTIABLR. 

Fish,  not  of  American  flnherie* : 

Ilerrint; barrels.. 

Mackerel do — 

Oils: 

Whale  and  fish,  not  of  American  fish- 
eriea galloiu.. 


1879. 


8, 432. 835 

66,732 

101,420 


182,025 


18,^.10 
2 


ff.SOO 


1880. 


10,701.307 

40,723 

112,408 


407,410 


20,108 


02,819 


1881. 


12, 07.1, 701 

04,811 

120,288 


568,000 


30, 987 
9 


140,410 


1882. 


15,893,849 
7«,  lae 
58,279 


337,078 


30,001 
104 


209,051 


!*,082 
102,148 


,111,091 


15,  M2 
6 


Total. 


109,737,420 

674,50* 
781, 182  j 


'',491,«7 


281,250 
91,340 


1,315,287 


lort  of  the  Bureau  of 
Htoni-lionse  rotnrns, 
i7,420  pounds  of  fresh 
A  under  the  treaty  of 

110,  due,  doubtless,  iu 
iUtcs  iu  the  Inteiua- 


g  June  30, 11:82. 


AMERICAN   FISHERY   INTERESTS. 

Statihtica  of  the  fisheries  of  the  United  States  in  1880. 
[From  tbe  Coropondiam  of  tlio  Tenth  Censua.] 


903 


states  anil  Tcrrltorlrd. 


The  Unitril  Statoa 

X,.w  Kiidand  States  ............ . . . . . . 

Miilille  States,  eif.lnsivo  of  G  real  Lake 

lishiTica 

Siiillicin  Atlantic  States 

Dnll'Sliiles 

Parilii'  Statos  and  Territories 

Great  Laken 

AUlania --• 

AlasH • 

i';i!il(iiniiv 

(iiniiii'licut 

lirl;i«  arc ■ 

Fliiiiihi 

Iniir^lia ' 

llliiiiiia 

IiiilbinA 

Loiii<kiiiu 

Maini' 

Mmliinil 

Massac  liitsetts 

Miclii  :«in 

MinmMita 

MiMii«si)ipi 

New  l];iiiip»hiro 

Ni'vr  .Icrsey 

XewYiiik , 

North  Carolina 

Ohio 

Iton 

ntiisjlvania 

libmle  Island 

S<iiiih  Carolina 

Tfs.is 

Virniiii,v 

Washington 

Wiscoasin 


Grand  total. 


I'ersons 
employed. 


Jfumber. 
181,426 


$.t7,  055, 340 


;}7,  (Vis 

14,081 
r>'2,  418 

5.131 
10, 8U.'I 

5,050 


Capital  in- 
vested. 


10,037,607 

4,  426, 078 
8,951,722 
54i5,  584 
2, 748, 383 
1, 346, 07? 


635 

,28,200 

r>,  130 

447,000 

3,004 

1,130.075 

3,131 

1,421,020 

1, 079 

268,231 

2,480 

406,117 

809 

78, 770 

300 

83, 400 

.V2 

2»,  360 

1,6»7 

93, 621 

ll.OfI 

3,  375, 984 

26, 008 

0,  342, 443 

20,117 

14,  334, 450 

1,781 

442, 065 

35 

10, 160 

186 

S,800 

414 

200,  465 

6,  220 

1,  492,  202 

7,206 

2, 620,  685 

.5, 274 

:m,  561 

1,046 

473,800 

6,836 

1,131,350 

652 

1 19,  810 

2,310 

Siki,  678 

1,005 

C6,  275 

001 

42,400 

18,864 

1,914,119 

744 

30, 3!)8 

800 

222,  «40 

$43,046,053 


Value  of 
products. 


14, 270, 303 

8, 076, 579 
0. 602, 737 
1, 227,  .'544 
7, 484, 750 
1, 784, 060 


1:9, 275 

2, 661, 640 

1,860,714 

1, 450, 800 

007, 605 

643,227 

110,993 

60,100 

32, 740 

392, 610 

3,  614, 178 
6,221,715 
8,141,750 

716, 170 

i>,  200 

22,540 

176,684 

3, 170,  589 

4,  380,  56t> 
845,  595 
618,420 

2, 781, 024 
320, 060 
880,  91 » 
212, 482 
128, 300 

3, 124, 444 
181,  ?72 
253,100 


Persons  employed. 


Fisbonnen. 


Number. 
101, 684 


20, 8;i8 

12,584 
38, 774 

4, 382 
11,013 

4,403 


545 

6,eoo 

2, 089 

2,585 

1,662 

2,284 

809 

205 

45 

1,,100 

8,110 

15,  873 

17, 165 

1,600 

30 

110 

376 

6,659 

6,660 

4,729 

025 

2,795 

.511 

1,602 

964 

491 

16, 051 

729 

730 


Shoresmen. 


Number. 
29,742 


7,205 

2,397 
13,644 

749 
5,100 

657 


90 

130 

1,005 

.546 

317 

106 

00 

35 

7 

207 

2,001 

10, 135 

2, 0.52 

181 

5 

76 

38 

561 

1,616 

545 

121 

4,040 

41 

708 

41 

110 

2,813 

15 

70 


•l   U 


p 


004  AMERICAN   FIBHERY    INTERESTS. 

SlafiaUoa  of  ihe  fiahfriet  of  I  he  VviUd  Stales  in  1880— Continued. 
[From  the  Comvendiom  of  tho  Tenth  Coniiis.] 


8ut«a  and  Torritoriea. 


Tho  United  Stated 

New  EiiKland  StatM — 

Mld"HoStat4>»,exclu8lvi> 

of  Cireat  I^nko  flaherion' 

Houthorn  AtlimticStAtea 

(•ulfRlaten 

I>iic1flo  StatoJi  and  Ter- 

ritoriM 

Great  Lakes 


Apparatus  and  capital. 


Vesads. 


No. 


6,005 


Alaliaroa 

AhMka 

California 

Connecticut 

Delaware 

Florida 

Oeoifcia 

IlUooiA 

Indiana 

Loaiaiana 

Maine 

Harj-land 

MaiMm-iiusetta  . . . 

MichiKRii 

MiniifHoLa. 

MiBHiHSippi 

New  Hainpshire.. 

New  Jflrsey 

New  York 

North  Carolina... 
Ohio 

OreKou  

Penniiylvania 

RbOiifl  Island  .... 
South  Carolina... 

Texa« 

Vfrginia 

Waahinicton 

Wisconsin 


2,000 

1,210 

3,014 

197 

U 
02 


24 


49 

201 

09 

124 

1 

8 

1 

40 

606 

1.4r>0 

1.094 

38 

1 


23 
SOO 
541 

OS 
B 


li 

n 

22 


1,446 

7 

11 


Tonnage. 


208. 207. 8J 


113,602.50 

Vi,  566. 03 

6(),  K><a  15 

8,000.80 

5. 46.1. 42 
1. 708.  87 


317.20 


5, 24(1  80 

(».  2l.\  05 

1,220.00 

2, 1.52. 97 

12.  00 

200.  73 

21.90 

•MO.  69 

17, 0:)2.  65 

4:1,  .''KM.  00 

S:\,  232. 17 

UI4. 42 

33.60 


!,019.08 
10, 445. 90 
11,582.51 

1,  457. 90 
359.51 


331.90 

2,502.77 

337.32 


1.5, 57&  88 
216. 62 
220.25 


Value. 


♦9,857.282 


4,562,131 

l,n«2,000 

2,  37,5, 450 

SU8,  051 

546, 4.50 
1K3,200 


14,685 


5.1.5, 3.50 
514,050 

r,i,  600 

272, 645 

450 

8,500 

2,  .500 

20,821 

633,  .542 

1,7,50,000 

3,  171,189 

08,  .500 

5,000 


51,  .500 

545,900 

777,600 

39,000 

38,400 


10,500 

101,850 

15,000 


571.006 
11,100 
20,700 


Boata. 


No. 


44,804 


14,787 

8,293 

i;i,.Tll 

1,252 

5.!M7 
1,694 


119 

3,000 
H.53 

1,173 
839 

1,  0.')8 
358 
101 

15 

105 

5,920 

2,  825 
6,740 

4.54 

10 

58 

211 

4,005 

.-),441 

2,714 

487 

],,100 

156 

734 

501 

167 

6,018 

334 

31U 


Value. 


Valne  of 

minor  appn. 

ratus  and 

outfits. 


$2, 465, 303 


730,970 

546,647 

040,  508 

60,173 

404, 695 
8:1,400 


10,215 

60,000 

91,  485 

73,  585 

32. 227 

28,  608 

1.5,425 

2,000 

1,050 

4,80C 

24.5, 624 

180,448 

351, 736 

10,  345 

900 

4,600 

7,780 

223,963 

280,  885 

123, 175 

29, 830 

240,000 

1.3,272 

61,245 

9,790 

15,000 

292,720 

0,010 

24, 975 


$8,145,261 


5, 038, 171 

674,951 

1,H5,H7H 

52,823 

407,238 
Vie,2U0 


7,000 

7,000 

20.5,840 

375, 535 

70, 324 

39,927 

18,445 

n,w«i 

20,210 

18,000 

934,693 

207, 145 

3,  .528, 925 

272,920 

.1,700 

1,800 

00,385 

232,330 

100,200 

225,436 

251, 705 

24,5,750 

40,838 

138, 733 

2.5,985 

4,400 

569,763 

8,648 

145, 105 


Othor  o,ip. 
ital,  inchiil. 
Inu  shore 
proijcriy. 


»17,987,413 

9,5»;,335 

1,8*!,  4M 

4,789,RiC 

134,5:;; 

l,330.Wl 
11:1,  IT.i 


6,«HI 

3f!0,lMI 

307,000 

457,  RV) 

113,  (IMI 

66,0:1; 

45,  W 

6l,0iHi 

5,0110 

5il,«iO 

l,562,ffi 

4,108,0 

m,m 
m 

2,600 

490,001) 

l.l'l.W 
lll<,9:i0 
151,  "i 
639,  (WW 
h!>.M 
204,850 
15,500 
21,000 
4n),«3ll 
4,000 
26.000 


AMERICAN   PISnEtlY   INtRRESTS. 


ikKt 


Valne  of 

mlDor  appit' 

ratuR  and 

outflu. 


B,  038, 171 

874,951 

1,145,878 
52,823 

407,2.18 
Vie,  200 


Othpr  cap- 
ital, indiiil 
ine  shore 
proiMTty, 


$17,987,413 


7,000 

7,000 

205,840 

375,535 

70,324 

39,927 

18,445 

11,900 

20,210 

18,000 

9:i4, 593 

297, 145 

3,528,925 

272,920 

,1,700 

1,600 

00,385 

232,339 

190,200 

225,436 

253,795 

245,750 

40.538 

138,733 

25,9a5 

4,400 

560,763 

8,648 

145, 165 


9,597,335 

l,8*;,4f« 
4,789,886 

1,330,000 
113,175 


380,000 

301,000 

457,8.10 

113,0$0 

65,0:i; 

45,450 

61,000 

5,000 

50,000 

1,562,235 

4,108,850 

7,282,6110 

60,900 

500 

2,600 

80,800 

490,000 

1,171,900 

118, 9S0 

151,775 

039,000 

55,500 

2(14,850 

15,500 

23,000 

489.636 

4,000 

26,000 


Statidtica  of  the  finTieriea  of  the  United  States  in  1880— Continnod. 
[From  the  Compflndinm  of  tbe  Tenth  Oeniua.] 


Slatw  anil  Tcrritortoa. 


The Uiiitwl  State*.. 

Xiw  EiiL'lanrt  St.itcB 

Midilii'  StnlcH,  j'xdiiHlvo 

(il  Dicnt  I-akc  tlMlirrieu. 
SiiullicriiAlliuilii'  Stiitcs 

fiiiirSt.iU'S .-i,--,  • 

I'aoific  Statt'H  hikI  Torri- 

WW*. 

(Iroal  I-!>ken 

Aliiliamft 

AlnsU 

California 

Couni'Ctii'Ut 

IlflilWIllO 

Kloriila 

IJrtiraia 

Illinois 

Indiana 

Loiiiiiaua 

M;\im' 

Marjlaiiil 

UlKSUChUHt'ttH 

Michi^nu 

lljlllJCKltA 

mssisftippi 

Kf»  lliiinipshiri) 

X«w  .Ici-soy 

.Ne^Ydik 

Xorlht'aiollim 

Ohio  

Ofjion 

IVniisvlvania 

r,li'i.lc  I.sliinil 

South  CaioUna 

Texa.s 

Virsinia 

W«ghiii|»t'>n 

WiiKMiiiaiii 


122,406,018  $3,323,043 


Value  of  prcxlnctn  by  tlHlieriea. 


nenoral 
flHheriofi, 


Whale 

flHhury. 


$2,380,813 


10,014,045 

2, 882, 294 

2, 217. 707 

7i;i,501 

4, 702,  638 
1,784,050 


1. 


74,325 

(504, 040 

341,  ai4 

353,887 

309.  020 

■128,  527 

84, 1)03 

Ot),  100 

32, 740 

I!l2,ftl0 

576,  «78 

470,  a8« 

581,2(14 

7141, 170 

8,200 

12,  MO 

170,  «W4 

MO.  678 

680,357 

785, 287 

518,420 

770,  724 

132, 550 

:i02.2t2 

102, 482 

81,000 

(102,  2;i9 

luu.eoo 

25:1, 100 


2, 121,  385 
408 

202, 150 


500 

201,(150 

32, 048 


2, 089,  337 


408 


Rf^al 
fl»h«rv. 


111,801 


2, 177, 062 


2, 006,  500 

15,750 

111,851 


4,300 


61,442 


Henlihilon 
llnhery. 


$2, 110, 78'/ 


Oy»ter 

flHhcry. 


|!3,403,852 


MU,  722 

1,201,885 
31.5, 680 


250, 205 
»41 


11,851 
61,760 


140,280 
1, 114,158 


221, 748 


303.820 


1,478,900 

4,  .532. 000 

7,  068,  852 

313,  200 

10,000 


44,090 


672, 875 

087, 725 

15,  ISO 

80,000 


200, 000 

37,500 

4, 730, 476 

405, 560 


10,000 

0,050 

2,  080, 625 

1, 577, 050 

00,000 


187,500 

356, 025 

20,000 

47,S00 

2, 2 1 8,, ■178 

10,000 


RpoDKO 
flHliery. 


Mnrin* 
Hitlt  in- 
dustry. 


1200,750  $.105,  RW 
3,80(1 


200, 750 


302,000 


200, 750 


302,000 


3,800 


Tenth  Annual  Rrpout  ok  thk  Boston  Fish  Hurkau,  Januaka',  1885. 


REPOKT. 

'■  Okwc*  OK  Boston  Fish  BuKKAU, 

Jioaton,  January  1,  188.'>. 

Tlioyear  which  has  jtiRt  cloaert  lins  proved  one  of  ponfiiil  dppression  in  all  Uiich  of 
tra(l(!;  jiiid  when  to  this  is  added  an  unnrecodimted  yield  in  all  food  prodncts,  a  low 
wii([e  of  values  has  been  the  rnle.  Fish  and  the  flf»h  trade  has  proved  no  exception. 
Wliilo  to  tlu!  prodncors  or  fishermen  and  those  interested  with  them  this  has  been 
jmductivo  of  greater  or  less  losses,  still  the  distributors  or  dealers  may  be  said  to 
liave  enjoyed  a  fairly  successful  season.  Working  generally  on  low  values  the  qnaiiti- 
tiM  moved  have  been  largo,  and  business  in  this  line  has  been  done  witli  a  ftir  share 
"iprniit.  Low  prices  have  encouraged  consumption,  which  has  taken  oft'  stocks  as 
"ifj  liavt)  been  plaonl  on  the  markets,  and  with  but  few  exceptions  stocks  are  well 
ri'iluewl  and  fairly  in  hand  *'or  the  coming  season. 

I  KtHfinninjT  with  large  and  8ucc(^88fnl  southern  herring  fisheries,  we  have  ha<l  it  fol- 
j  Will  by  the  most  successful  inaekend  and  codfish  lisherics,  as  regards  yield  or  prwluct 
I  'Mtlmve  ever  been  recorded.  While  the  foregoing  is  true  as  pertains  to  the  work 
I  "I  our  New  England  tishormou,  and  in  some  lines  to  those  of  Nova  Scotia,  the  Prince 
wnrd  Island,  Newfoundland,  and  Labrador  fisheries  may  be  considered  as  partial 

J"  'wnio  liiies  the  yield  has  been  far  below  an  average,  imt  in  the  general  heavy 
i  «Kii  (ir  prodnctiott  theco  shortages  have  been  more  than  made  up. 


■  m 


90fi 


AMEttlCAN   FIsnEllY   INTERESTS. 


Macktrcl.—Tho  deA't  ongageA  in  this  pursuit  RtUiii  and  Btartod  at  tUo  uHual  time 
anil  for  a  timo  f  li«  early  catch  was  a  fairly  payirj?  ono.  ' 

Tho  quality  of  tlio  oiirly  caught  linh  was  but  ordinary  and  tho  size  incdiiim  ami 
Hniall;  tho  general  run  of  th«  mackerel  taken  by  our  Now  England  licet  was  Hniall 
not  more  than  one-quarter,  at  any  time,  being  of  good  Biro  ;  when  in  coiinoctionwitli 
thin  iH  taken  the  fact  of  ono  of  tho  largest  catchoa  of  mackorel  ever  known,  it  isiint 
to  be  wondered  at  that  |>rice8  should  soon  rt^ach  a  point  at  which  tho  fisiieriiipn  wcro 
nnablu  to  find  any  profit  in  the  buHiness  for  tlicniHelvoH  or  thomi  intcrcHti'd  witii  tliciii. 
This  run  of  smiill  fish  appears  to  have  extended  along  tho  Nova  Scotia  Hliori-H,  tlui 
only  points  yielding  largo  and  fat  fish  being  Princo  Edward  Island  and  Ilay  lislierics 
NotwitliHtanding  the  enormous  yield  of  tho  fishery,  prices  have  been  well  maintaiiieii 
and  stocks  are  well  rediicod. 

First  sales  of  uninspected  salt  mackerel  were  at  §10  for  large  and  fl  for  Hinall  jior 
barrel,  selling  in  Juno  at  $2.50,  $r>,  and  |G.50  without  barrel  for  small,  luediiiiii,  and 


Edward  Island  has  been  much  sniallor  than  that  of  last  year  ;  first  receipts  from  )lii' 
island  were  on  August  2,  fish  of  jjood  size,  soiling  at  $11.  Tho  general  run  oftlio 
fish  from  tho  island  has  been  fair  in  size  nnd  they  have  ruled  from  $3  to  §12  foriin- 
culled ;  $8  to  |11.50  for  No.  ".J's ;  $10  to  14  for  No.  'i's ;  and  $i:}  ♦.)  $17  for  No.  I's  diiriiij; 
tho  season.     No  stock  has  been  carried  over. 

Nova  Scotia  mackerel  have  boon  nioro  like  those  taken  by  our  own  fiNliPniun,  as 
regards  size  and  condition;  but  few  fat  mackerel  from  this  source;  large  It's Jiaw 
ruled  from  $(5..'>0  to  $8.r>0  during  tho  season. 

Codflnh. — In  this  articdo  we  have  to  note  a  largo  ^yield,  and  consequently  low  prircs 
have  lioen  tho  rule  for  tho  season.  With  a  yield  of'  1,001, UOU  quintals  of  coilti.sii  alniii', 
it  might  reasonably  be  expected  that  prices  should  seek  a  level  with  those  of  otliir 
food  products  in  which  tho  yield  has  been  large, 

At  the  beginning  of  tho  year  prices  ranged  at  $3.50  for  largo  dry  Bank  and  ^)  fur 
medium;  $3.25  for  largo  picklo-cured  and  $2..50  for  medium  per  (luiiital,  but  at  tlie 
close  the  samo  grades  of  fish  were  selling  at  $2.50  for  largo  dry  and  $2  for  medium; 
$2  for  large  pickle-cnrcd  and  $2  for  medium  jw^r  quintal,  which  is  below  the  cost  (if 
production.  While  tho  yield  of  codtish  has  been  so  heavy,  that  of  hako  has  beiii 
;;iHch  below  an  average,  and  but  for  the  low  prices  ruling  for  codtish,  their  valiid 
would  be  much  enhanced  ;  they  have  been  ruling  during  tho  season  at  81.75  toJ'i.M 
per  quintal. 

With  a  small  catch  of  hake,  that  of  pollock  has  increased  ;  these  (ish  liavo  raugiil 
from  $2  to  $:)  for  slack  salted,  $1.25  to  $1.87i  for  heavy  salted  per  quintal. 

Owing  to  tho  low  prices  ruling,  tho  consumption  of  dry  fish  has  been  largely  in- 
cr eased. 

Herring. — The  oarly  aonthcm  fisheries  were  fairly  sucocdsful  whieb  toacertaiiux- 
tent  has  cnrtAilod  tho  outlet  for  many  of  tho  cheaper  ^dos  of  pickled  herrings  frem 
this  way.  Tho  catch  on  our  ahorea  has  been  comparatively  a  light  one.  Keceipts  "l 
Georges  Bay  and  Dalhonsio  have  been  about  tho  average,  while  that  of  tho  largo  Nova 
Scotia  shore  splits  has  run  short ;  tho  catch  of  Labradors  has  been  almost  a  total  fail- 
ure, but  2,000  barrels  received  this  year,  as  against  upwards  of  2.5,000  barrels  a  yeai 
since. 

Salmon  and  frouf.— Tho  catch  of  these  articles  has  been  fully  up  to  tho  avera;.'i. 
prices  have  sympathized  with  other  lines  and  have  rnle<l  low,  sliowiug  some  ittlc 
improvement  at  tho  close  and  but  littlo  stock  is  b(!ing  carried  over.  Trice  on  saliumi 
has  rulo<l  from  $10  to  $13  for  Northern  and  $11  to  $12  for  California  mess ;  ?l>.uO  tojfl.. 
for  trout.  . , 

Ihx  herring.— The  receipts  in  this  line,  793,244  boxes,  have  been  way  ftbovo  tiio 
average  for  our  market.    Prices  have  ruled  low  and  stock  has  boon  kept  well  reducci . 

//iootcr«.— Supplies  have  boen  largo,  generally  of  good  quality,  ranging  from  .n 
cents  to  $1.25  per  box.  , 

//oddMW.— This  article  of  food  appears  to  be  steadily  growing  in  favor  witii  cons  ■ 
mors,  and  tho  supply  has  been  taken  up  readily  as  placed  on  tho  market,  ranging  in 
4J  to  G  cents  per  pound.  ,|  „, 

Canned  fish.—hi  this  connection  may  bo  taken  auch  goods  as  Auiorican  s-w'^Vj ' 
an  article  rapidly  taking  it«  place  along  with  mackerel,  salmon,  &c.,  as  a  staples 
tho  trade.  „     ,  i » 

,S'ardin€«.— Owing  to  tho  general  low  range  of  pric   ;,  this  article  'i'*^  f "  ,' f' .  ji,o 
and  prices  have  boon  reduced  to  a  point  that  has  rendered  it  uniirofitaoio 
packers,  still  the  pack  hivs  reached  upwards  of  175,000  cases,  mostly  1-4  ous. 
lias  ranged  from  $4.G2  to  $5.75  per  caso. 

Canned  mackerel. — In  connection  with  i 
ing,  in  past  seasons,  of  prM>r  goods, 


with'thiH  article,  It  Is  to  bo  regretted  that  tl'«r;'':;;, 
s,  should   have   tended  to  curtail  the  «le"n""""' 


AMEHICAN   FISHERY  INTERESTS. 


007 


^^ 


<l  at  the  uHual  timo, 


what  i8  ono  of  the  fincHt  urticlcH  of  catinod  ftioil.  Tho  low  prices  now  ruling,  70  to  7r) 
cents  per  dozen,  togotbor  with  the  improved  quality  of  tho  goodfl,  will  reinstate  it  in 
public  favor. 

Canned  lobsters. — Tbo  supply  of  this  artii^le  bus  hmn  light  and  prices  Lave  ranged 
from|1.40  per  dozen  at  tho  opening  to  $l.8.">  at  tho  cloao  of  tho  seaHon. 

The  Washington  ten-year  treaty.— Tho  WaHliington  ten-year  fishing  treaty  expires  <»n 
July  1,  l^^S.').  Wo  hope  that  some  arrangement  will  bo  made  by  Congress  if  possible 
which  will  be  agreeable  to  all  parties  interested  and  atTocted.  The  duty  on  imported 
tish  products  from  July  1,  at  least  until  houio  action  is  taken  upon  same,  will  bo  as 
followH:  mackerel  1  cent  a  pound;  herring,  pickled  or  salted,  ono-half  cimt  per 
pound;  Nalinon  pickled,  1  cent  per  pound ;  other  fish  pickled  in  barrels,  1  cent  per 
pound.  Forcigu  caught  fish  imported,  not  in  barrels  or  half  barrels,  whether  fnjsb, 
sniokd,  dried,  salted  or  pickled,  not  especially  ouumoratcd  or  provided  for  in  this 
act,  f)0  cents  per  100  pounds.  Anchovies  and  sardines  packed  in  oil  or  otherwise  in 
tin  boxes,  measuring  not  more  than  5  inches  lonp,  4  inches  wide,  and  '.ii  inches 
ilccp,  10  cents  per  whole  box  ;  in  half  boxes,  measuring  not  more  than  5  inches  long, 
finches  wide,  and  If  deep,  5  cents  each  :  in  quarter  boxes  measuring  not  more  than 
^J  inches  long,  3i  inches  wide,  and  li  deep,  2J  cents  each  ;  when  imported  in  any 
other  form,  40  per  cent,  ad  valorem.  Fish  preserved  in  oil,  except  anchovies  and  sar- 
(linns,  DO  per  centum  ad  valorem.  Salmon  and  all  other  lish  prepared  or  preserved, 
and  prepared  meats  of  all  kinds  not  especially  enumerated  or  provided  for  in  this  act, 
i')  per  centum  ad  valorem.  Oils,  cod-liver,  crude  or  refined  seal,  whale  and  fish  oils, 
not  elsewhere  specified,  25  per  cent. 

It  is  easy  for  us  at  tho  close  of  tbo  year  to  look  back  and  see  whero  wo  have  made 
our  mistakes,  and  miscalculated  tho  coutingtiucies  of  trade ;  at  tho  same  time  it  is  well 
for  US  to  Btutiy  what  wo  have  been  through  and  to  lay  out  for  tho  future  lino  of  action 
tliat  which  will  enable  us  to  avoid  the  mistakes  of  the  past,  and  to  build  for  the  I'u- 
tnro,  for  ourselves  and  our  city,  a  business  which  shall  bo  enduring  and  profitable. 

Wo  can  still  point  with  prido  to  tho  fact  that  Hoston  still  holds  her  proper  place  in 
the  van,  as  a  distributor  of  tho  enormous  yi(  Id  of  our  lislieries. 

In  closing  our  report  wo  hereby  return  tliauks  to  our  many  (  irrespondentsand 
friends  for  the  as.xislance  which  they  have  so  freely  given  us  in  tho  past  and  which 
we  trust,  we  shall  continue  to  receive  in  tho  future.  We  return  tho  result  of  the 
year's  business  with  our  best  wishes. 


Filth  rccciced  by  lioalon  dealers  from  foreign  and  domestic  ports,  1884. 


has  been  largely  in- 


Janoar  j . 

February. 

March. 

April. 

May. 

Jane. 

KiHb. 

1 
1 

i 

1 

s 

u 

a 

1 

1 

s. 

1 

1 
r. 

1 

o 

I 

a 

(2 

a 

1 

1 
t 

m 

M 

o 
p< 

a 

w 

S. 

a 
1 

Mackerel Iiarrols . . 

Mackerel  liuaton    Aeob 
inspected barrulH 

20 

2,104 

824 

5,948 

a,  004 

1,313 

1,60,1 

411 

1,562 

HM 

748 

8,057 

Herri  njis: 

Pickled do... 

Frozen .     .       do 

38 
2,  Ml 

737 

68;i 

2,892 

9flM 
2,  U2 

3:t7 

4,471 

80 

1,300 
....„ 

1G6 

1, 67,5 

175 

40 

50 

3,604 

Salmon do... 

in 

102 

"iii 

130 
818 

Alewives' do... 

408 

100 

198 

622 

3,080 

Tront do... 

8 

Shad do 

s 

7,844 

200 

HerriDS»,aiu()ked, boxes. . 
l>loat<n'ii,  Bmflkrd    do 

5,  sfm 
4,oa5 

388 

18,:J9« 
6,  024 
l,0(w 

'8,'329 
197 
]i:i 

.W,  Kir, 
7,038 
3,132 

33,300 
40O 

43.6.17 

51,450 

17,745 

47,  W3 

41,435 

291 

niDflens  flah do 

Mackerel,  rauiind  do 

814 

479 

701 

wiMtiTB,  canned. .do. . . 

370 
1,428 

723 

WNi qnin^Ms.. 

n»ke .'...do 

10,77.1 
705 

2,111 
«2 

40 

17,  orto 

300 
100 

8,201 

12,299 

02 

113 

0,229 

6,173 
820 

2.207 

224 

2,718 

2,395 

IWiiock do 

68 

Pollock ...do 

282 

432 

240 

31 

Cn»k do 

14« 

soft  AMKmCAN    riStTfttlY    INTKllKSTS. 

FUh  rc<niic«dly  Tlonton  lUalcva  from  foreign  atul  donunlir  porlg,  ll?84— Continned, 


liiih. 


Uackervil luu-reU . 

Mackcifl    IloKton    flort, 

Inpoi'tMl tmrrrU . . 

IlfrrlniiK: 

PioUliwl do... 

Kriizfii ..do... 

Siilmiin  do... 

'AIowlv« do 

Trout do... 

MiMt do  .. 

Ilvrriiiftn,  nuioknd,  Ikixiiii 
lllimtiTfi.  Hinolvod  .  do  . . 

ItoiU'loHH  IIhIi <!<>  .. 

MiMikon'l,  cunnml   do 

LobMeiK,  (Viuiivd  . . du. . . . 

C'odfliili i|iiiutiilK.. 

nak« do. .. 

Haddot-X do  .. 

Piillnrk do... 

Coitk do — 


July. 


i 


i 

s, 


Anguit. 


I 
ft 

I 


September.     October. 


I 


i 

s 


6,534   3,:i7211,e37IC,  128  6,545  0,330 


2701 


488        88   6,310 


201' 
744 


14.-1 


612'. 
8011, 


14, 820  13, 008  43,  fi04  57, 085  46^  22lt 


.1. 


2*0' 

nil  i,H<>o 

2,207 
5.250 


0,014 

123 

22 

3U0 


Klj: I  1,019 

,'t,;il.'>l       7ai  8,311 

07;tl  6,635    .... 
3, 429,11, 323j  0,444 

7:t:i H.W 

12  Ml.... 
102  13.V.... 
28 


0, 277 


148 
SIS 


5,737 


4,070 


58,  VM 


2, 4- / 

0,  no(t 

500 

2»2 

40: 


-'7,293 
2,  KI4 
3,007 
6,708 

2«,"2rt7 

1,»K) 

4HI 

too 

414 


10, 8: 


10,040 


804 

1.  (i5;i 

51)0 
220 


Iforember,   DecemWr, 


o 


5,541 


1,01U 


I 

& 

i 

4,611 


9,143 


4» 


Oi 


iwtn 


521  4,(43 
485       I 

.     I    X 
200  1,043 


2;«,4«l31,4'5  3fl,m'.'4(»,4;i,'i(tl,4;(l 


1,.1(W 


1, 15'. 

''2,«m 

815 
15 


h,4k»I  1,110 


l,4tfJ 

2(10 

in,m 

014 
4P«i 

77 


37 

"m 

4,  WW 


'J,  WW  1,M 

7117 

2,001 

,     ^•l 

l2,!Hi9  t.lffl 


3.'l<)  1,  V*i     3111 


IM 
038 


0« 
78 


3!lj 


'  TIi«  altovM inolndnii  5t.    liarn-In  iiiiii>ki>d  nl«wlT>^  recoiTcil  dnriiiK  April,  Miiy,  niiil  Jiiur. 

RKCAPITUr.ATION. 


FUb. 

Home 
total. 

Foreiitn 
total. 

Orand 
total. 

Mack(>r(<l 

barrcla . 

40,703 
72, 184 

7, 855 

10,97C 

80 

1,006 

60,428 



Muokercl,  Boston  fleet,  ina|>ectod 

H»irrin(j8 : 

Pickled ^ 

Froxen... 

do... 

do.... 

do.... 

i7!i,ra 

5i),00,1 

2,  W.'iO 

i,»«:t 

»,  075 

004 

320 

39f ,  «6H 

4, 4!KI 

1,375 

1.1,474 

77,201 

2, 047 

1,342 

3,101 

15 

62,948 

do.... 

1,M 

do.... 

10,281 

Trout 

do.... 

m 

Khail 

do.... 

;iM 

Tli'irinuH,  fitiiokBJl .   .....••■•..••••.••••«.•••«•.• 

........  ......bosea.. 

8!M,27fl 

82, 083 

10, 281 

15,072 

073 

122,254 

7,443 

1,280 

1,34* 

722 

1 

79.1, '.Ml 

BloAtorA  mnoked  ....••...............•.•.••....• 

do.... 

36,57,1 

liiinHtwH  AhIi 

Hitokt-rtil,  ronned 

Loli«t4>ra,  (-.anned 

<;jdflKh 

•  •••  ••■•••*•••••  CiO .  •  ■  • 

•  •■■•••••■>>■>>•  WO  .  ■  a  * 

do... 

ijaiutuls.. 

16,431 
17,  M7 
14, 147 
199,4a 

Hake 

9,4911 

Haddock -. 

i,(X< 

Pollock 

4„M.i 

Cuak 

do.... 

J37 

1884-ContInnp(1. 


Xovember. 

DccemWt. 

1 

n 

.'.,  541 

i 

1 

4,011 

* 

I 

a 

2,  RIO 

?, 

i 

3  972 

1,019 

0,143 

485       1 

4.1 

'.tio  1  m 

1  .. 

0. 

31,4-5 

3«,n4'.' 

4!»,  4:1.1  «l,fi(l 

H,4h!» 

1,11(1 

'im  l.LHiO 

1,4H2 

37 

71)7 

2(K1 

.     . 

2,901 

801 

H 

in,fji 

4,  m 

12,5(19  4,ira 

(114 

xm 

I.Kki     3111 

4IX 

i'.'« 

96     iH! 

77 

838 

78     395 

ir 

ill,  M»y,  amlJuof. 


inio 
Ul. 

Foreiijn 
total. 

flrdiiil 

t4>Ul. 

(1,783 

>   1M4 

60,436 

17i>,3i3 

7, 8.15 

D,  97:; 

80 

1,800 

4,'270 
2, 083 
0,281 
3,672 

C7:» 
2,2n» 
7, 443 
1,290 
1,  344 

722 

0.5,09:1 

2, 850 

1.803 

8,675 

0(H 

320 

398, 908 

4,490 

150 

l,:t75 

i:i,474 

77,201 

2,047 

1,342 

3,191 

15 

lUSJil 
1,M 
10,2«1 

m 

:& 

70.1,  ill 

36,573 
10,431 
17,  (M7 
14,147 

ii»,4r:i 

9,4911 

2,  a' 

4,ri:ri 

7:i7 

AMEUKJAN    I'lSlliaiY    1NTKKK8TH. 
Jlith  received  by  liontonJUk  dtalera,  1880-1884. 


DOl) 


Itah. 


Mwkonl liarr«l«.. 

Mackerel,  lloHttm  llt'ut,  bur- 

n'ln 

Hcning barrels  . 

Aliwiven do 

Salinnii (I« 

Troiil «!<>  .• 

HeiTlnBR.Hmiikt'tl.  .boxes. . 
Illoati'rii, smoked  ...do  ... 

CkI qilliilills.. 

Iliik(« ill).... 

IhiWrnk do.... 

I'olloili do... 

('ii»k do  ... 

Shad barrels.. 

itooelesi  fish boxvii . . 


1880. 


.Srf 
Is 


341,781 

54, 002 
26, 492 

1,  ar.i 

560 

282,482 

20,  003 

124,  8:i8 

82,  222 

9,172 

1,523 

1.303 


•,648 


105, 7301 1 


20,310 

5, 082 

2,  ;t:)2 

(198 

118,  115 

3(»,i.'ii 

8,810 
970 

2, 7(12 
187 

1, 975 


I 


100, 493 

85, 802 
7,  o:i3 
2,  m> 

098 

443,597 

2<».  0(13 

103, 489 

41,(132 

10,118 

4,  285 

1,549 

1,97.') 

V,700 


1881.. 


p,053 

^89, 660 

12, 420 

2,184 

U80 


oi.sso; 


337,  830 

21«,  619 

l-'5,4.50 

41.021 

6,702 

1,773 

1,480 


14, 203 


44,906 

8,  lot 

1,997 

1,147 

274, 692 

810 

.Tfl,  852 

7,001 

l,6:tl 

a,  020 

38 

1.1.52 

UlU 


I 


204, 020 

56,  998 

10,  288 

2,  977 

1,147 

ill  2, 412 

30,  42!) 
182.  .302 

48,  922 
7,  423 
4, 79;i 
l,,'i()7 
1,  152 

14,000 


1882. 


^44,186 

83, 175 
10,578 

1,  120 

2,  141 


259, 799 

30,  551 

89,  297 

29,  (125 

2,  288 

956 

1,591 

20 

11,333 


37,  816j 


41,078 

0,000 

1,090 

1,845 

449, 080 

5,  (HIO 

.5(1,  578 

9, 434 

1,981 

2, 120 

104 

1,245 

197 


o 
H 


104,077 

62, 5.%' 

10,  828 

3, 834 

1,  845 

708, 879 

35,617 
139, 875 

39,  0,")9 
4,  209 
3,  070 
1,098 
1.271 

11,630 


Fish. 


Mwkerel barrels. 

MackorrI,  Boston  fluet do... 

IIriTm|{8 .do. 

.\ll'Wivt' 


.dii 


.Snlmou do 

Tnmt do 

lli'rriiieH,  Htniikcd boxoM. . 

IlliutiTH,  Hiiinked do  ... 

(jiil quiJi  tills.. 

Iliikt< do 


1683. 


If 


a< 


Is 


I 


1884. 


431 
120 
125 

200 


lladilnck do 

Piilliick do 

I'lisk do  ... 

Shall barreli".. 

iiuiu'l(Miit  filth boxes. . 


234, 
24, 
104, 

1, 
1. 


20, 


040 
944 
182 
669 
962 
841 
620 
.50 
068 


75. 


8.; 

10, 

3. 

1. 

23:i, 

3. 
50, 
2, 
1, 
1, 


226/ 

■■  < 
050 
050 
210 
.584 
.547 
19f 
!«I7  , 
075 
077 
108 
60 
.545 
580 


149,  459 

93, 779 

12,  775 

4,416 

1,584 

4d7,.587 

28, 140 

•63,  ,540 

20,741 

3,  o:i9 

2,449 

676 

595 

21,654 


SJ 


16,763 

"  184 
7,  855 
1,006 
80 


804,  270 

32, 083 

122,  264 

7, 443 

1,290 

1, 344 

722 


18, 281 


at 


(.0,  426S 
65, 09:1 

8, 675 

1,803 

094 

108,968 

4,490 
77,  201 

2,  047 

i,;i42 

3,191 

15 

320 

150 


o 
H 


170,373 

82,048 

10, 281 

1,88:1 

994 

793, 244 

8fl,  573 

190,455 

0,400 

2, 6i)2 

4,635 

737 

320 

10,431 


StntmentHhowing  the  nitmhnr  and  tonnaije  of  vesath  0/  the  United  States  emploijcd  in  thecod 
and  maektreljiakerica  June  M,  18B3. 

SUMMARY. 


States  iu  which  documented. 

Vessels 

above  twv.n- 
'  tons. 

Vessels  under 
twenty  tons. 

Total. 

Maino 

441 
29 

6:13 
16 

18 
1 

34 
6 
2 
8 
2 
2 

Ton*. 

30, 037. 06 

6, 7.53. 10 

42,409.41 

934.  09 

2, 187. 00 

851. 05 

25.65 

1, 222. 00 

248. 17 

44.87 

497. 63 

68.80 

40.33 

Ko. 

343 

6 

246 

93 

74 

193 

3 

Tont. 

4,137.05 

79.35 

2, 6.57. 75 

8,53. 61 

800.34 

1,570.41 

61.01 

Xo. 

784 

35 

879 

109 

127 

211 

4 

84 

86 

6 

11 

6 

7 

Ton* 
34,  174. 11 

N'cw  Uampsliii'o 

.5, 832. 45 

Massachusetts 

4.5, 067. 16 

Itbode  Island 

1, 787. 70 

Connecticut 

8, 053. 34 

NewYork 

2,431.06 

^'ewJorney 

76.06 

Maryland 

1,222.00 

Virginia 

80 
4 
8 
4 
6 

285.20 
60.67 
87.98 
70.43 
47.87 

631.37 

Xorth  Carolina 

05.44 

Horidn 

635.81 

Alabama *...'.*.'.'." 

137.82 

California 

04.00 

4\ 


Taken  ftom  the  report  of  the  Chief  of  the  Bureau  of  Statlatloa  on  Commoroe  and  Navigation. 


UIO 


AMKRICAN    FlbllERY    INTEUE8TH. 


Amount o/ iumtcdid  barrvh,  Xiw  KHqlund  uiarktrel  caloh,  navkal  at  each  iiorlai  r,„,.,  , 

to  tht  lioaloH  FiHh  Jlurraii,  188-1.  ^''""' 


Port*. 


MiiAMrlinHotUi 

ItoRton 

CobasMt 

riiatham 

.South  (Miathiiti) . .. 
South  l)Artinoutli. 
Kiilibavoii  ........ 

(il(iiu't>fit«ir........ 

Iliirwichport 

Ncwburyport' .... 
Pruvincetown  .... 

IMyraouth' 

llorkport' 

Wollfleot  ...-. 


Totivl 


Ifuiiio: 

Itooth  Day 

('aiiulon' 

I>eer  ImW 

KiuitiMirt 

North  ITavon'.. 

I'lirtUiid 

Southport 

Swan'H  IhIoikI'. 
Vinal  Ilavon' .. 


Totol. 


182 


8 
3 
2 
3 
0 
42 
6 


71 


I 


18 

8 

2 

2 

•••■■>■• 

112 

SH 

2 

11 

fi 

2 

22 

8 

87 


11 
3 
2 
2 
1 


ii 

J 


31 
A 
1 

e 
1 
1 

170 

e 

3 

10 

2 

8 

30 


880 
76 
11 

no 

14 

15 

2,770 

03 

a 

240 
27 
00 

480 


2^ 
S3 
"I 


70,084 

i.rns 

l.'VO 

4,038 

165 

144 

l&^  a:io 

7,083 


17,672 


00 

32. 008 


21 


200 

4.205 

0 

136 

4 

42 

3 

32 

2 

20 

17 

2W 

45 

720 

8 

120 

2 

30 

8 

45 

02 

1,402 

280,000 


21,055 


600 


13«,  .100 
7,700 


85 


lfl«.  740 


^ 


1,300 

25H 


125 


15,200 
85 


600 


320 


72, 1M 

2. 123 

I  no 

4,1(0 
16S 
144 

170,929 
7,108 


18,072 


dO 
32,328 


n 


111? 

4,C5 

IM 

liji 

I«),s.:i 

7,11m 


20,  ow 


35,  wo 


17,787      307,480 


00 
80 


1,500 
70 


22,015 
80 


soo 


140,000 
7,770 


K.0 


225 


1,850  I  \-o,:m 


M\M 


24,  Ml 

m 


W3 


iM 


m,M 


*  Whole  or  part  of  oat«li  landed  at  othor  poi  u. 

Aiiinuiit  cnvlitr^l  to  citch  port  iit  tlio  amount  puckml  thoro,  r^Kardleaa  of  cutvh  n^  tcdwih  liailiiic 
from  there,  which  in  many  luittanpen  piu'kiHl  i«t>  oiIht  portx. 

Wo  flod  fn>in  a  rnrotul  obncrratiou  of  factH  that  tbn  iihrlnkuKO  iu  parking  nniouiitH  to  about  twcniy 
pouniia  U>  the  Utrrt-I,  or  10  per  cent.  luspfctora  iui«l  captaiiiit  acroe  with  uh  that  tbii*  is  fully  enough  (o 
allow. 


AMKKIC'AN    FI81IEUY    INTKUE8TS. 


liil 


iuh  port  III  Uforltd 


Total  macknal  catch  of  Xcw  Kmjland  ftettt/or  jWe  ycart,aa  reported  to  the  /toiitoH  Filth 

llureau. 


8 
>, 

& 

1 

H 

-1 

h 
n 

,300 

72,  m 

80,3)4 

•Mi 

'i.  va 

2,;w 

m 

107 

126 

4,103 

i,SA 

ics 

1)0 

144 

l(W 

5.20tt 

170,929 

1«),9.'3 

HO 

7,188 

7,»4 

SOU 

18,072 

•HM 

N 

a 

320 

32,328 

35,020 

7,787 

307,480 

341,M1 

00 

80 

22,015 
80 

24,4CI 
W 

SOD 

5U 

1,500 
70 

140,000 
7,770 

1A555 

8,  a 

140 

226 

250 

1,850  I    170,5!XI    18'J,54l 


cati'Ii  or  vcaacii  tailliDg 

Miioiiiiti*  to  about  twiniy 
hut  this  UfuUyenoughlo 


Statea. 

YoHr. 

5! 

'J 

'A 

Total  number 
of  aalL 

1. 
i"? 

3  0 

Is 
it 

u 

-a 
a 
'A 

a 

n 

73 
1 

IHH4 
1884 

182 
71 

87 
21 

200 
02 

4,205 
1,402 

tntptettd 
barffU. 
280.  inn 

108,  74U 

Tntptettd 
barrtlt. 
17,787 
1,850 

TntpeeUd 

bitrr)lt. 
:i07  480 

irilni*                  ....*..■•••••••••■• 

1/0,000 

Tutttl 

253 

108 

301 

B,«67 

458,430 

10,087 

4r8,07tf 

188)1 
1H83 

214 
81 

205 

M 

0 

268 
00 

7,888 
1,340 

143,545 
65,474 

20,280 
2,400 

-—---; _ 

108,811 

57, 874 

Tolul 

03 

,'(S8 

8,734 

108, 010 

28,660 

220,680 

1883 
1882 
1882 

240 

2'\0 

I' 

a,  823 

1, 1. Ml 

104 

ai8,710 

110,847 

300 

258,710 

110,847 

NVw  ilumimhiro 

800 

'i'olul      ,,,..... 

342 

342 

5,083 

878,803 

378,868 

1881 
1881 
1881 

MiKwfW^lmsotts 

203 

84 
8 

203 

207 

1)3 

8 

3 

200 

84 
8 

2,075 

1,177 

100 

2flO,10S 

110,022 
.'>,  400 

a»o 

140 

260,406 
116,702 

5,4UO 

Total 

3 

32 
2 

208 

4,258 

aoi.  J  87 

470 

301,607 

Hauai'liuiictta 

Mniiip   

1880 
1880 
1880 

2no 

U5 

8 

0,408 

l.^SO 

110 

~26l,  100 

8:i,  854 

7,850 

4,817 

2, 484 

2r.5,  080 

80,n:i8 

7,360 

Total 

30b 

34 

342 

4,088 

342,373 

7,301 

340,074 

In  the  above  the  southern  catch  and  uuuiboi  of  vcaaols  la  included  In  the  Shore  catch. 


■■':>  •"'' 


•>        » 


912  AMERICAN    FiSUEltY    INTEkESTS. 

Total  catch  of  cod  and  other  ground  fiah  for  five  yeara,  a»  reported  to  the  ISonton  IM  /j^reaii 


StotM. 

Yoar. 

1884 
1884 

Vowel «  on 

Grand  and 

Wentoru 

Banks. 

VpsboU  on 

Northt'rtwt 

8liore  and 

Georgos 

llanks. 

Total 
Mil. 

Total 
crew  a. 

6,277 
3,474 

Catch  on 

Granit  and 

WsHt^-m 

lliknkH. 

Catch  on 

Nortlirant 

Slioro  iiud 

(icorccg 

ilaukH. 

Totalcatch. 

MiMxavhusetts.. . 
Miiiuo    ...   •..«.. 

22ft 
77 

109 
200 

-"28 
337 

QuinUiU. 

304,  SK) 
00,  350 

Qtiintalt 

■m,  VM 

171,440 

iill.TM 

Total 

30« 

45D 

766 

8,751 

40.1.  733 

Ml,  570 

i,ooi,:u 

ifwa 

1883 

1882 
18M 
1882 

MamachiuettA . . . 
Maine 

248 
76 

100 
262 

40M 
338 

5,216 
3,385 

487,760 
00,  075 

2(17,900 
215,0«;t 

7M,(M0 
306,(08 

Tot*l 

324 

240 
71 

4 

422 

746 

8,001 

578,  7S5 

482,  wa 

l,UOI,6!t 

MaMftacliiiaett«. . . 

1.53 

218 

0 

!)03 

288 

10 

4,804 

2.785 

130 

400,272 
73,806 

200,915 

221,011 

2,000 

(«I,IB 
295,717 

Now  ll&nipshiro. 

Totol 

315 

. 

17B 

73 

U 

377 

6ue 

30? 

210 

21 

7.719 

4,2S4 

1,014 

234 

474,078 

26:»,  590 

72,750 

0,000 

424,  m 

28l>,~o5r 
lao,  037 

r,.  000 

m.m 

1881 
1881 

1881 

MaHAUcliiiM'tta.. . 
Maine 

Now  llampithiro. 

178 

148 

16 

14,000 

Total 

208 

336 

604 

6,402 

~Vi85' 
1.757 
U'6 

355,640 

419,387 

2(W,  450 
71, 9W! 
5,000 

775,027 

18M 
1880 
1880 

Mamwchusetia... 
Maine 

166 
83 

4 

100 

106 

10 

S7G 

180 

14 

201,600 

03,  m> 

6,800 

470,050 
165  Sit 

New  ilanipsliire. 

10,800 

Total 

253 

316 

670 

0,008 

300,903 

345, 436 

646,426 

€  lioHlott  Filth  Ikmt. 


424,826  1      m.m 


AMERICAN    FISHEUY    INTERESTS.  913 

Vfio  Knijland  fleet  catch  of  cod  and  other  ground  fish,  landed  at  home  porta,  a$  reported  to 

the  JioHton  FUh  Bureau. 


Porta. 


UasMcliUHotU ; 

Itoston' 

Beverly' 

Cbatliam' 

South  (;iitttlmiu  . . . 
South  Urtrtniouth  . 

Fahbavon!' 

(ilouci'Bter*  ...  — 

KiDBSton 

lliirl)lchea«l 

Provincetown'  .... 

I'lvmoiith 

UiiokiMirt* 

Welllloet 


Total. 


Maine: 

lircnipu' 

Buckiport  

Booth  Uav 

liMK  Ilitrbor' 

Bristol 

Uranlwrry  Isle 

ddlaia' ' 

(Jape  I'orpoise 

Deer  Isle 

Kutport' 

Kllswort 

Eiixt  Uuoth  Bay 

I'neudithip' 

diwci'town' 

Hamock 

IhrfHWuU 

I.ubcc* 

Umoiue 

North  llavt'u' 

Ni'w  Harlxu' 

Drland 

I'ortland 

l'emu(|Ui(l' 

I'ort  Clyde' 

Swan's  lalund'  .... 

Stdjtwick 

Soothpnrt   

Hnufhwi'Bt  Harbor. 
Vinalllaveu' 


Vosaola  on 

(tnind  and 

Wwttum 

Banks. 


1 
0 

2 
3 
1 
1 
130 
2 
t 
71 
3 
1 
1 


220 


2 

12 

6 


Total. 


7 
20 


Vessolii  on 

Northoaat 

81ioru  and 

(idoruos 

Banks. 


1 
167 


14 
"6 


199 


o 


1 

14 
6 
3 
1 
2 
303 
2 
1 
85 
3 
6 
1 


428 


10 

86 

3 

0 


13 

2 

30 


4 

12 
4 
1 

11 

2 


1 

6U 
1 

4 
5 


8 
35 


77 


260 


8 

12 

16 

3.^ 

5 

0 


14 
2 

33 
3 
4 

12 
4 
2 

11 
2 
7 

10 


Is 

3 

o 
H 


15 
145 
95 
30 
10 
22 

3,606 
25 
12 

1, 162 
25 
79 
18 


6,304 


Catch  on 

Gnuid  and 

Wentern 

Banks. 


Quintals. 


7,500 
2,000 
3,000 
1,250 
1,100 

228, 108 
2,500 
1,200 

140,500 
2,700 
1,625 
3,000 


Catx^h  on 

Northeast 

Shore  and 

OooFKes 

Banks. 


Quintal*. 


050 
?,200 


1,000 
324, 0.'id 


1,050 
"4,"97.V 


304,383 


336, 130 


ToUl 
catch. 


Quin- 
UUa. 


8,450 
5,200 
3,000 
1,260 
2,100 

653,063 
2,600 
1,200 

141,550 
2,700 
0.600 
3,000 


730, 513 


8 
80 
1 
4 
6 
2 
8 
8 
36 


337 


80 

147 

132 

800 

40 

64 

25 

84 

10 

500 

42 

85 

100 

31 

30 

85 

60 

112 

118 

60 

100 

700 

125 

30 

60 

24 

115 

60 

226 


8,474 


3,000 

16,000 

8,200 


1,600 


3,000 
3,800 


2,500 


15,300 
3,600 


0, 2ryO 
24,000 


2,600 
7,600 


90,350 


800 


3,060 

11,000 

460 

3.000 

600 

590 

400 

10,600 


700 
4,000 
1,640 

3.W 
8,500 
4,200 


4,500 
2,000 

600 

90,000 

5,500 

1,900 

750 


500 

5,500 

105,600 


3,800 

15,000 

11,250 

11,000 

2,060 

3,000 

600 

690 

400 

13,500 

3,800 

700 

4,000 

1,540 

2,850 

8,600 

4,200 

15,300 

8,100 

2,000 

9,860 

114,000 

6,600 

1,900 

750 

2,600 

8,000 

6,600 

10,600 


171,440 


270,790 


'Undwl  finli  at  Gloucester. 

'Includes  Olio  Hail  that  Uohcrt  off  Greenland. 

'Catch  of  small  boats  included. 


'Includes  twenty  tbrno  vessels  in  halibut  catch ;  five  fished  off  Greenland  Mid  four  off  Io«Iand. 

'iDcludcs  thirteen  I        "       -        -        - 


- i  Hiiil  that  flshed  in  Nortli  Bay. 

Includes  one  sail  that  flshed  in  North  Buy. 
'<  alihot'sumll  bIhito  Iwats  included. 
'\r«seii,f,,,ni  Ui\wo.  flshed  in  Hay  of  Fundy. 
UuUl  catch  by  smull  shore  bouts. 

S.  Dx.  1J3 58 


I' 


914 


AMERICAN   FISHERY   INTERESTS. 


Tonnage  of  veaaeh  of  the  United  iS       »  emphi/ed  in  the  whale,  cod,  and  maokenl  /£.;.«. 

/row  ld60  to  1883,  tHciiMiuc.  "'yMWffifj ; 

.      [From  flgnroM  conUinod  in  the  annual  rcportti  of  the  KoKlster  of  tho  TrcoRury.l 


Tear  ending  Juno  30— 


iteo. 

1861. 
1862. 
1863. 
1864. 
186S> 
1866' 
1867. 

1868. 
1869. 
1870. 
1871. 
1872. 
1873. 
1874. 
187!i. 
1876. 
1877. 
1878. 
1879. 
1880. 
1881. 
1882. 
1883. 


Whale, 
flsherlea. 


Ton*. 

lf>6. 841 

145, 734 

117,714 

00, 228 

OS,  14,'> 

90,  r>\o 

105, 170 

52,384 

71,343 
70, 202 
67.051 
01,400 
51,608 
44, 756 
30, 108 
38,220 
.-10,116 
40,593 
30.700 
40, 028 
38,408 
38,  Wl 
32,802 
32,414 


Cod 

Mackerel 

flaheries. 

flHiieries. 

Ton*. 

Tons. 

130, 0.-i3 

20,111 

137,810 

54,795 

KM,  001 

80,  S96 

117, 200 

51,010 

103,742 

.Vi,499 

(K,  185 

41,200 

51, 042 

40,589 

44,567 

31,498 

83.887 

02,704 

01, 
no 

4C0 

97,545 
100, 510 
78. 200 
80,207 
87,802 
91,085 
86,547 
79,885 
77,5.18 
76,137 
77,863 
95,038 


Total. 


Tom. 
329,6051 
Wl,,175l 
.■Bl.OllI 
267,5371 

196,910] 
20!,  401 1 

vti,m\ 

155,  Ml 
132,f«»i 

mwj 

15Uo| 

W.Vi 

1H2;«I 

117,3981 

118,  CXI 

126,  Ull 

131,6711 

V>i.m 

119, 9131 

115,9i6f 

114,1^1 

llO,a'3J 

127,4 


'  The  tonnage  for  1865  and  1866  ia  partly  by  new  raeBsarement  ami  partly  by  old. 
Note. — The  mackerel  llcen«cs  hitTo  not  b««n  isaned  aeparately  since  1867,  wbon  a  general  flaliin|(| 
license  was  provided  to  replace  cod  and  mackerel  fisheries. 


■  '-V .   '^ 

<■  ;>: .'; 

,  ■  .*  -i 

^'  -    .'* 

fUJi 


f.jv:»a  f'f. 


AMERICAN    FISHERY    INTERESTS. 


915 


I,  and  maokerel  jkherki 


the  Trcoaury.] 


Total  Humhir  of  barrels  of  each  qiialHij  of  pickicd  mackirel  inspected  in  Masaachuaetta  from 
KiO'J  to  W84,  and  the  total  value  of  each  year' a  inapection  from  18:J0  to  18b4. 


Year. 


»40 
BOl 
200 
742 
185 
642 
567 


Mackerel 
flBberiei. 


Tom. 
26,111 
54,795 
80,  .190 
51,019 
5.1,499 
41,200 
40, 589 
31,498 


ToUl. 


1809. 


83,887 
62,704 
01,400 
02,865 
97,  .545 
100, 519 
78, 200 
80,207 
87,802 
91,085 
86,547 
70,885 
77, 5.18 
70, 137 
77,  86:i 
95,038 


Tom, 
329,605} 
33«,.n5| 

ra.oiii 

267, 537 1 
2;>t,3«4| 
l!)C9l0i 
203,4011 
128, 1*1 1 

155, 230 1 
132,0061 
130,414 1 

m,3'^l 

i4g,ir>5l 

15i2;4l 

tl7,39«l 

ii8.4:»l 

126,911)1 
131, 6il] 
129, 2«1 
119.91)1 
ll.^9l(i 
lU,0i!8l 
1111.6631 
127,4o'l| 


t  and  partly  by  old. 
1887,  wUeo  a  general  fishim I 


nil.. 
1812.. 
1813. . 
1814.. 
1815. 
1816.. 
1817.. 
18:«.. 
;»I9.. 
1820.. 
1821.. 
1822.. 

m.. 

K4.. 
182,5.. 
1826. 
I«7.. 

m.. 

1829,. 

m.. 

1831., 
1832., 


1831.. 
1835.. 
1830.. 
1837.. 
18;«.. 


1840  ... 
1841.... 
1842.... 
18)3.... 
1844  ... 
W5.... 
1846..., 
18)7..., 
184*l.... 
1849.... 

m-. 

18.52..., 
'  1853  .. 
I  18it... 
I  UK... 

Iiw... 
\\nr,... 

1858... 

\m.. 

I860.. 
1861... 
1862... 

\m.. 

1864... 
186.i... 


11867.. 
1 1868.. 
11869.. 
1 1870.. 
1 1811.. 
11872.. 

Iw,. 

1 1874,. 

\\n.. 


1 1877.. 
1 1878.. 


11881.. 
1 1882.. 
1189.. 


Barrela  of  maokorol  inspected. 


2,2744 
2,  540 
1,368  I 
l.OOUi 
000  I 
80 


1 
14,410 

10,  eu 

12, 455 
7,4v01 
20, 035 
10, 804 
4.5, 246i 
2U,040 
43,400 
SI,  3.574 
03, 2354 
54,184 
47, 8684 
70, 108 
28,070 
54, 5504 
80, 4334 
15,606 
53, 6654 
24, 673 
37,9684 
22,2174 
10,3514 
?••  747 
20,863 
82, 750 
28, 8434 
28,0834 
44,4301 
104, 1601 
113, 0934 
61,404 
88,401 
00, 7C54 
84, 030) 
49, 015g 
30, 5951 
20,  3021 
80, 33ag 
84,5IOi 
7.-),  :t47| 

6i,i;to 

58,     ^l 

70.l-,7| 

81,  9<rj| 

67.  OR'.* 

lo:i,  3Kli 

15.1,  723t 

150,  322  j} 

122, 808J 

93,0014 

72,  0244 

66,  awl 

1C.5, 187i 
71,H06J 
83. 087ii 

112.9711 
33,  lOOi 
30.  860i 
1H,01.5J 
14,004 

», 
20, 

15. 
30,  045 
20,  85iJ 
24,101 


3,078 

3,4724 

4,770 

5, 242 

6, 023 

10,0094 

2. 1.544 

2,728 

1, 231 

1,626 

646 

703 

7, 377 

5,4,56 

1,  264  1 

13,  010 

5,267 

21.688 

11. 162  I 

20, 775 

36, 521  [ 

43, 976 

34, 811  [ 
32, 103 

68,  374 

71,505 

60,681 

73,  578 

62, 047 

63, 1544 

75,  221 

71,18:1 

100,  840 

114,004 
34,657 

80,584 

60, 835 

30,  612 

110,6064 

63,4224 

77, 008 

IM.  695 

104,  6694 

ir.6,025 

171, 1K6 

142,164 

97,  2194 

90,553 

08,  9274 
«),  6.534 

60, 445 

78,  892 

.57,2714 

91,024 

60,  6.58 

00,187 

61,027 

52, 5574 

28,  588 

4»,1»4 

22, 027J 

30,0134 

11,040 

20, 091 

10,640 

21, 141 

22,  400 

2.3,  084 

13,088 

18,604 

'ii,  615 

35,  023 

88, 62;i4 

85,  5964 

70, 005 

65, 076 

76, 0004 

71,760 
107. 058  ; 

70, 0704 

81,062 

05,  584 

44, 000 

87, 6t,4 

102, 4074 

13.-.,  ,5074 

67.0714 

44,  0884 

24,  584 

30,  807 

40,  2424 

55,  i:i3; 

91,  12JI 

00, 193 
47,  98<  ; 

76,  81Uit 

4.5,21KA 

38,  257 

21,  02911 

32,  332, 

12,  0604 

22, 207: 

122, 837 

50,  578: 

100,2801 
78,  388* 

22, 486 

100,011 

136,  075 

102,061} 
33,  2121 

137,740: 

("1,  562 

39, 200g 
44,7841 

30,310 

40, 038, 

4I,(M84 

42,  262 

44, 0774 

02,  019  1 

6.5,7174 

180,  422  . 

6:i,  OlOi 
68,32211 

85,  867 

.54,  370 

.5.-.,  6034 

63,  838 

37, 705i 

71, 442 
10, 270 

73,  006 

73, 424)1 

0<l,772 

03,4811 
37,  7001 

37,  286 

48, 170 

70. 1754 
54,806J 

Ut,  113 
104,  434 

00,  5541 
98, 8614 

139,  686 

9,5, 121 

123,788 

48.  078} 

48,3414 

64,  829 

204,366 

37Ui 


4.2011 

4,  8181 

lJ.940i5 

11,7854 

3621 

10,  .510} 

2,  127i 

428 

30,  8074 

14,000 


Total. 


8,825 

12, 55?4 

17, 401 

6,881 

8,7564 

1,339 

16, 0504 

30,060 

37, 362 

46,348 

100,  111 

115,641 

111.0094 

160, 2944 

145,006 

101,6504 

254. 3844 

158, 7404 

100,3044 

237, 3244 

22.5, 977 

308, 4634 

383,5484 

222,452 

222, 0324 

252, 8794 

104,8004 

174,4104 

138, 1574 

110,740} 

74, 2681 

60, 4914 

65, 537 

75, 643 

64, 451 

86, 3814 

202, 3021 

179,51111 

251,9174 

300, 130| 

208, 0,50 

242, 672 

329,2444 

198, 120 

133,3401 

135,  340} 

211,950{| 

214,3124 

108, 705 

131.60! 

09, 716J 

23!5,  68.5} 

!04,  283} 

260,8641 

300, 042| 

274,  .3571 

256, 7904 

231,6001 

210,314 

180, 0,564 

234, 210  j 

3i8,521g 

2.5r.,  416} 

181,9,56 

185,  7484 

258,  3iOZ 

130, 0624 

225,  m21 

10.5,007* 

144,  2204 

l,'>.5,2fl7| 

243,  Ot-W 

250, 17;^ii 

■i'S,  382 

154, 140 

307,486 


Total 
value. 


$1,119,470 

1,589,036 

707,705 

07«  035 

1, 16j,  842 

1,030,660 

1,268.388 

803.653 

025, 002 

710,204 

473,345 

518, 300 

493, 079 

540,419 

634,502 

1.883,660 

1. 004, 685 

2, 250, 058 

1,8.58,  .500 

1,  ,560, 126 

1,777,517 

2,249.511 

1,491,023 

1, 207. 075 

1, 313. 635 

2,120,084 

2, 004, 681 

2, 102, 738 

1,720,  .540 

1,255,073 

2,251,067 

1,116,851 

1,. 507. 416 

2,878,777 

6,035,523 

4,729,840 

4, 324. 790 

2,961,033 

2, 5:12. 151 

3. 248,  315 

3,744,107 

2, 2;i3, 055 

1.948.410 

2.799,083 

2,657,615 

1,  310. 140 

1,650.306 

1,137,616 

1,  034, 144 

802,057 

1,474.16^ 

1  001.081 

2,741,445 

l.GI»,764 

1.853,763 


ttf  ih?'^"  of  birreln  inspected  M  abovo  2i ven  are,  with  the  exc(^ption  of  1884,  fh>m  the  oiBoiAl  r«tara« 
l««ieiii«pector.gi<noral.  and  vary  slightly  from  reports  of  the  Boston  Fish  Bumiu. 


916  '  AMERICAN    FISHERY    INTKRESTS. 

Price  per  barrtl  of  each  grade  of  '/ickled  mackerel  in  ManmchueelU  in  the  tirst  wukiu  «. 

tvmbcr,  from  ISJQ  to  1684.  .    "  "">'!>■ 


i 


Ytu. 


1830. 
1831 
1833 
1833 
18S4 
1835 
1836 
1837 
18J8 
1839 
1840 
I  Ml 
1843 
1843 
1844 
1846 
1844 
1847 
1848 
1840 
1850 
1851 
1852 
1863 
1864 
1863 
1856 
1867 
1858 
1850 
1800 


Kal. 


$5  00 

5  75 
500 

6  73 

6  72 

7  OU 
0  00 
7  76 

11  00 

12  50 
12  75 
12  00 

0  00 
10  12 

0  50 
i:t  00 

0  12 
12  76 

0  00 

12  00 
10  12 

10  00 
0  00 

11  50 
15  00 
10  00 

13  00 
IS  00 

15  50 

14  50 

16  00 


No.  2. 


$4 
4 
4 
4 
4 
6 
8 
6 
0 


10  50 
10  50 
10  00 

6  00 
8  12 

7  60 

10  50 
0  25 

8  25 

6  00 

7  00 

8  12 
050 

7  00 
S  60 

12  25 

11  00 

8  00 

12  50 
12  50 
12  50 

850 


No.  8. 


ri  62 
2  62 

2  7ft 

2  85 

3  3r> 

4  00 
ft  00 
4  12 


50 

00 

50 

00 

00 

00 

50 

87 

87 

25 

8  37 

3  50 

5  00 

ft  13 

5  7ft 

7  60 

5  00 

6  25 
6  00 

8  50 
8  50 
8  no 
500 


Tear. 


1861 , 

1862 

1H63 

1864 

1865 

1860 

1867 

1808 

1H60 

1870,  bay... 

1870.  shore 

1871,  l):iv... 

1871,  Hhore 

1872,  bav... 

1872,  ulioro 

1873,  bay.. 
187;<,  nhun^ 

1874,  bay... 
1H74,  (tluiro 

1875,  bay.. 
187n,  shore 

1876 

1877 , 

1878 , 

1870 , 

1880 , 

1881 , 

1882 

18Rt   , 

IfHt    


No.l. 


Ko.2. 


$4  50 

600 

»2f. 

20  00 

IS  00 

13  ar. 

12  25 

13  00 
1150 

11  00 
0  7.i 
760 

7  25 
9  25 
9  50 

12  25 
12  25 

8  00 
000 

11  CO 

10  25 

6  75 

12  SO 
8  0U 

5  00 

7  00 

6  00 

11  00 

14  00 
10  00 


No.  3. 

♦2  75 
450 

eso 
"Vis 


550 
0  2.i 

Voo 


7(10 


75(1 
550  j 
800 
509 
300 
40O 
4  00J 
80 

lOiOJ 
3MJ 


i^'ViS-: 


AMERICAN  FJSttERY  INtfiltEStS. 


017 


^  thefmlKukinSef. 


No.  1. 

No.  2. 

No.  a. 

$8  TiO 

$4  50 

1175 

Has 

0(K) 

460 

14  00 

«2.'i 

6M 

30  «) 

2«  00 

22  00 

15  00 

9  75 

22  75 

13  25 

17  00 
17  00 

2;t  00 

21  50 
21  00 

10  50 

11  25 
U  50 
U  50 

14  75 
20  00 

15  00 
13  25 


14  00 

10  2-) 

15  00 

10  ."iO 

18  00 

18  00 

14  00 

14  00 

18  00 

20  00 

.     14  00 

12  25 

i;ioo 

1150 

U  00 

9  75 

7  60 

7  25 
9  25 

9  50 
12  25 
12  25 

8  00 
0  00 

11  00 

10  25 

6  75 

12  50 
8U0 

5  00 

7  OU 

6  00 

11  00 
14  00 
10  00 


750^ 


550 
620  i 

7  00 


"DO 
700 


7S 
5  50  1 
800} 
5001 
300] 
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•:«' 


Elkvextii  Annitai-  Rki'out  ok  tiik  IJ08K1N  FiHU  HiriiKAtr,  January  I88C 

HKPOHT. 

OkKICK  ok  IJOBTON  Fl«ll  UlukaI', 

lioaton,  Januarn  h  i*JC. 

In  r«viowiiiK  tlio  finli  trft«lo  foi  tlio  ]iaHt  twrlvo  innnthH,  it  i«  witli  n  fwlincof  gatiH 
faction  and  jtiiilo  lliaf  we  aro  ahlo  to  jioint  I0  tli«  fact  that,  in  fiini  ofa  iart'd  dwciw." 
in  tlui  oatc'lu-H  of  li.sli  l>y  tiio  llccis,  tlio  riTciptH  at  IJoHton  liavo  licjil  1  heir  own  nrov 
iufi  Itcyond  (|n('stion  tliat  as  a  niarkia  lor  tlio  iliU'cnMit  varintii-H  of  flhii  ami  iwiji,,! 
trii>iitin;;  potnt  itHfaciliticH  am  n>u>(|naliMl. 

Low  i>ric«'H  liavo  boon  tlio  nilo  in  most  Hiioh  dnring  tlio  year,  bringing  liBJionaMr 
with  most  food  jirodnotM.  ' 

Tlio  oarly  Totoniao  boning  (i.shory  wac  fairly  HncooHHfnl,  but  not  an  large  uh  that  jf 
tbo  year  previous  Tlio  catclio.s  of  mai-korol  and  codli«h  liuvo  licon  fully  iip  to  the 
uvoiugo,  mit  wben  coiiiparud  with  th«  largr  catchoH  of  ilio  yoar  jjrovioim  conHideraMc 
Nbortago  in  notiood. 

Tho  falling  otT  in  tbo  codfish  calth  wo  attribnto,  in  n  groat  nicasiiro,  to  tlio  wiih. 
drawal  of  sovoral  largo  bank  vosmoIh  from  tbo  oodllHliing  bnsinosH,  ou  a(  count  of  tlu' 
poor  onoonragomont  otlorod  by  tlio  low  priocs  at  tho  boginningof  I  ho  Hoasoii,  and  uot 
<»n  acconnt  of  tho  scarcity  of  thcso  lisli,  vohmoIh  arriving  from  (Jrand  and  Qncrean 
Itankswith  faroH  averaging  largor  than  tlioso  wiiicli  arnvod  from  IIkto  dnrin'Mlie 
provionH  waHon.  Whilo  thin  is  trno  in  logard  to  tbo  catch  of  codlisli,  the  Nliorta^'cln 
ibo  catch  of  mackerel  is  attributable  to  tbo  fact  that  they  were  not  UMulmiidantiii 
our  watorH  an  dnring  the  m«ason  of  18^1.  While  tho  catch  of  niackt>n'!  on  onrNcw 
England  slioro  liaHiiot  boon  a«  largo  in  1HK">  a,s  in  tho  provionn  year,  tliocatcli  iiiNortli 
Hay,  or  Bay  St.  Lawrence,  has  been  larger,  showing  tho  niackorul  were  moii)  airaii- 
dant  there  tbo  past  year  than  in  lf84. 

Dnring  tho  past  HoaKon  thero  havo  boon  41  vohhcIh  from  N(^w  England  portH ('ui,'aj;eil 
in  tho  North  Bay  mackerel  iiwhory,  as  againut  108  dnring  tho  season  of  lriS4,  tlio  uiim- 
ber  of  barrels  of  liay  mackerel  iiisjiectcd  dnring  tho  past  ^';'ason'1>eiug  27,(>7J,  asagaimi 
l'.l,(i;t7  for  the  season  of  l^HJ.  The  catch  «)f  markerel  by  tho  iirovinciiil  lleet,  011  the 
Nova  Scotia  and  I'ri'  c  E<lward  Island  shores,  has  been  bolow  an  aveiago  in  qmin- 
tity,  and  this,  in  co  tion  with  the  duly,  accounts  for  tho  largo  short agi;  iiotictubli! 

in  the  receijitsof  f(n<  .^n  mackerel,  wbicli  Nliortag«(  has  boon  mainly  on  the  jtoorcr ami 
smaller  grades  f>f  lisli,  whi(  h  could  not  well  allord  to  ])ay  tho  heavy  duties exactid, 
ami  which  have  been  used  for  the  VVi'st  India  markets,  in  )»laco  of  sending  tlifiii  to 
the  States.  All  fat  mackerel  havo  been  wanted  and  r(>adily  taken  by  llio  trade.  .V- 
cording  to  tbo  most  reliablo  anthorilies,  tho  catch  of  cod  at  Nowfoiiii(lliiiid  liasbciii 
np  to  tho  average  in  qnantity.  Tho  receipts  of  codtish  from  Nowfonndlaud,  liowiivir, 
are  not  much  of  a  factor  in  tho  tisli  trade  of  Boston,  tho  most  of  their  business  iieiiii; 
with  Spain,  Portugal,  and  Brazil,  to  which  conntriesthey  send  yearly  ciiornionsquau- 
titles  of  (odliHli. 

The  Labrador  herring  llshery  bus  been  an  exceptionally  good  one,  large  qiiantitifs 
of  herring  of  good  size  and  excellent  quality  liaving  been  taken.  About  ir),000  bar- 
rels of  them  reached  this  market,  and  8(dd  from  $A.7'>  to  14.75  per  barrel. 

Mackcrti. — Tho  licet  inado  its  usual  early  start  for  tbo  sonthorn  fishery,  the  lisliery, 
tbo  lirst  vessel  to  start  being  tho  schooner  Mollio  Adams,  of  (iloueester,  on  March 
4.     This  is  tho  earliest  departure  for  tho  Hoiilhern  mackerel  tisliery  on  reiord,  Tho 
lirst  faro  of  fresh  mackerel  for  the  season  (I'Ju  barrels)  was  taken  in  by  the Hchooiier  j 
Emma  Brown,  of  (Jloncester,  at  New  York,  on  tho  afternoon  of  March  2!*,  Bliobeiugj 
followed,  a  lew  ininntes  later,  by  the  schooner  Nellie  N.  Uowe,  of  Gloucuoter,  with  j 
almut  t  bo  same  amount  of  lisb.     Great  rivalry  exists  among  tho  lisliernien  as  to  who  = 
shall  lanil  t  ho  lirst  fan;  of  mackerel.     Tho  Kowo  was  successful  in  IHKJ  and  Mi,  land- 
ing tho  lirst  fare  at  New  York  on  March  31, 1883,  and  March  W4,  18^4. 

During  tho  snbse(|ucnt  markerel  lishing  in  8o«Mit)rn  waters  onorinouH  (|uantifi('«m  1 
very  small  and  inferior  lish  were  taken  into  New  York  and  riiiladelpliia,  largo  (|iian- 
titios  of  which  were  sold  for  merely  nothing,  and  many  fan-H  were  taken  to  sea  again  j 
and  thrown  overboard,  resulting  in  a  g<noral  loss  to  tho  Hoot,  altliougli  a  luiky  U'W'i 
did  fairly  well.  Wo  hope  to  see  tho  bill  prohibiting  tho  importation  or  (atclmiKol 
mackerel  between  tho  Ist  day  of  March  and  tho  1st  day  of  Jnno  become  a  law.  nm 
would  put  a  stop  to  tho  catching  oflurgo(inantiticHof  very  sniallniackerel,  and  wouldj 

nnquestionaliiy  bo  a  benefit  to  all  jiarties  interested,  whether  dealers,  (islienin'ii,  "r| 
consunierB.  Tho  general  run  of  tho  mackerel  taken  this  soafion  by  our  shore  uwti nasi 
been  bettor  in  sizo  and  «|u;.lity  than  that  of  the  year  previous,  there  being  Imt  lit  101 
difl'erenco  between  ii's  and  3's,  making  dealers  ready  buyers  of  jVs  as  placed  im  tlio  j 
market.  Prices  havo  hardiv  ruled  oven  with  those  for  tho  year  ItM,  csiiecially  wne  | 
quality  and  cull  are  ce"si/i;>^od  The  lirst  sale  of  now  salt  mackorcl  for  tue  sfasi;ii| 
was  at  New  York,  on  April  (5,  at  $3  per  barrel,  from  picklo,  with  barrel;  sellingmi 
carg<.  lota  i\l  Bo.ston,  in  May,  at  from  $<J  to  8'.>.75,  from  jiicklo,  with  l'""'^''/"  ,1^"!! 
at  from  |!'2./5  to  if3.7.'),  from  pickle,  with  barrel;  in  Jnly,  at  from  |:!  t°,'v  Mwtl 
pickle,  with  liarrel,  for  filT<.r«s,  and  ^D.";')  to  |i;{,  from  pickle,  with  barrel,  tor  liio«»' 


AMKUK'AN    KISIIKRY    INTKREflTS. 


!)2;] 


Janttary,  1886, 


FlHIl  BUUKAU, 

»H,  January  1, 1886. 
itli  u  »«'«>linp;  of  satis. 

In-Ill  (heir  own,  jirov- 
4  (>t°  I'mh  mill  iiHaiiin. 

Iirin^iii);  I'mlionapar 

not  aH  lar^o  uh  that  ^tf 
)  liceii  fully  up  to  (Ik 
]irc violin  conmilcralilr 

iiu'ftsuro,  to  tlio  wlili- 
I'.m,  nil  iici'ount  of  tin' 
ot'  tho  HraHon,  and  uiit 
n  (Jriuul  uiul  Qiicrean 
from  thorii  ilnriiig  the 
oillish,  thcsliortajjiMn 
>ro  not  iiH  uliiuulaDt  in 
iiiuckori'l  on  otir  New 
•I'lir,  thiK'iitch  iiiNortli 
kiTol  wiTi)  inoie  alinii- 

Knglaml  ports  euj,'aned 
ifiiHoiiof  lri84,tlioiiimi- 
1i(«iu<;  '27,(i7'J,  ua aRainst 
liroviiieiiil  lied,  on  the 
jw  an  avi'rago  in  qiiun- 
iT\io  short  age  noticealih' 
iiainly  on  tliti  poorer  aiul 

0  lieavy  dutii'8  exactwl, 
iacoof'wiulingtlu'iuto 
akt'U  l.yllietrailP.  Ai- 
NowfouiitUiintl  has  been 
s'«>\vfonmlliiuil,  however, 
t«»f  their  liUHincss  belli;; 

1  yearly  fi"«»""""'"l'"'"' 

o,l  ono.  large  qnantitios 
ken.  About  ir.,000bar- 
r>  per  ho  rrel. 
horn  fiHhcry,  the  tusheo, 
„f  (JlouceHter,  on  March 
1  tishcry  on  reeonl.  llw 
„k.-ninl.ytl.o8choo,'e  , 

of  Marrh'.y,  Bl'«l"'i."f| 

rthofiHlu-rmenaslinvbOj 
•„liMlHH:UmllPB4,la"<l-' 

.:;.non..onHi,nantitie8of 

LMiihwlelphia,  large . luan; 
■^  ^v.ro  taken  to  Beai^ 

t  •ilthonglialniKyl'W  j 

;;;,;ratio.M.r  eatcbing 

,nolu>eoinealaw.    H"  I 
nln.ackerel.aniWouldl 

,"r.h-alerH,li«lH'n.K-J.o 

■*"";.•  •VrUpace.louthoj 
:..^rlV*^4,o«PCcially^vl.e.; 


y 


.10,  with  barrel,  tor  Bw«»! 


UmU;  in  AuKiiNt  at  $'2.r.()  to  $:<  for  :!'«,  ^.'i  to  ^tSM  for  ii'H,  ami  $10  1o  $12  for  1'h, 
iiaeki'il  from  vesHol,  for  Mi»H.><acliiiHotlH  IJayH;  in  Scptr'Uilxr,  at  $5.50  to  $<i.25,  from 
piekie,  Willi  barrel,  ami  $:i.2:»  to  $1  for  'A'h,  $(1  to  $t;.l)0  lor  U'h,  and  $13  to  $14  for  IV, 

ikdi  from  vesHel,  for  Man«achuH«'ttH  JlayH  and  KuHtor  i  Bhoreu;  in  October,  at  ' 

25  to  !$7.r)0,  from  i»ickle,  with  barrel,  for  MaHHuelniHeltH  UayN  and  Eantcrn  Hh 
iliii  November,  at  $0  to  $»)..^0,  from  i>ickle,  with  barrel,  for  Eastern  Shores.     1 


lue 
pae 


from ' 

HhoreH, 
nniliu  Novemiter,  ai  ^u  to  Ji*i.;tu,  irom  ]>icKie,  wiiii  narrei,  lor  j-.astern  Huores.  Nova 
Scotia  niiiikerel  have  sold  frmn  $15  to  $^  per  barrel ;  rriiue  Kdward  Island  inaekcrol 
Inmi  ttito^flf)  per  barrel.     The  first  leeeipts  from  the  iHhuid  were  on  .Inly  l',\. 

Largo  boilitv*  of  mackerel  were  on  the  Labrador  coast  during  the  jiast  seuHon,  and 
Iheruis  no  «loubt  that,  if  tlshernieti  had  lieen  prepared  and  knew  how  to  handle  them, 
iherp  would  have  been  some  fish  from  that  seitioii :  some  fine  few  lots  received  that  were 
nelliianillt'd  proved  of  line  qnality,  and  sold  for$l7.r)0  per  barrel ;  they  wore  of  large 
»i/,t',  and  fat. 

yfirriiifls.— Am  has  been  stated,  tlio  rotonmc  lierring  fishery  was  n  good  ono  as  far 
lid  the  lakinK  of  herrings  went ;  prices  ruled  hiw.  Oving  to  tho  fact  that  tho  cheaper 
^.TadcHof  horrinji,  such  as  Dalhoiisioand  QeorKo's  Hay,  of  which  in  previons  years  wo 
havcrceeivedlar^eciuantities,  would  be  almost  entirely  excluded  by  tho  duty  of  $1  per 
liarn-i,  a  fireat  many  more  vessels  wore  fitted  out  our  for  Shore  herring  fishery  than 
usual,  lio]»iiig  to  niake  up  as  inueli  as  pojtsible  tho  difl'erence  caused  by  the  ,  'iposition 
(if  till!  duty.  Wo  estimate  tho  last  season's  catch  at  from  25,000  to  ;iO,Ouu  barrels, 
wirnh  is  ail  nnusnally  largo  catch.  They  sold  during  the  season  at  from  $2  to  $2.50  per 
I  irrel  in  cargo  lots  according  to  contract.  Tho  frozen-herring  industry,  which  is  yet 
ill  its  infancy,  is  developing  rajtidly.  The  principal  fishing  grounds  are  at  Eastport, 
iirmil  Miinan,  New  Itrnnswick,  and  Fortune  IJay,  Newfoundland.  Tho  receipts  at 
Utblon  during  the  year  lriH5  were  about  :{0,()00  barrels,  or  15,000,000  fish.  These  fish 
are  used  very  extensively  by  the  (ieorges  liank  cod  and  haddock  fishermen  as  bait 
liiiriiin  the  winter  season;  iiirgo  quantities  iire  also  used  for  food  purposes,  being 
uliiiiped  ill  a  frozen  state  nearly  all  over  the  United  States.  Tho  first  vessel  to  arrive 
hire  with  a  cargo  of  them  for  the  season  of  18H4-V5,  being  tho  Anna  and  Lilla,  of 
Portland,  from  Eastport,  with  l.^iO OOO  fish,  on  December  IB,  lHr'4;  tho  Banio  vessel  also 
hrongbt  the  first  cargo  for  the  season  of  lHS5-'8!i,  200,000  fish  on  Decembor  17,  1885, 
fmm  Eastjxirt.  Tliey  have  been  selling  <luring  the  season  at  from  25  cents  to  $1.50 
per  bnuilred.  The  George's  Bay  and  Nova  Scotia  splits  have  been  almost  an  entire 
failure.  Dalhoiisie  herrings  have  not  been  saved  this  season,  as  the  fishermen  »ould 
not  iiay  llio  duty  «'xacted  ;  none  have  been  received  in  the  Ktates  tho  yiast  year. 

Labrador  hi'iriiigs  have  been  in  ^x'.l  supply,  and,  as  has  been  staled  before,  have 
sulil  from  $3.75  to $4. 75  per  barrel ;  which  seem  liki^fair  prices;  still  results  to  the  fish- 
ermen have  been  jxior. 

Cwf/iii/i.— The  catch  shows  a  f.iUing  ofT  of  some  10  per  ciint.,  and  ]irices  for  the  sea- 
son have  liiirdly  ruled  with  those  of  lfi84.     The  range  of  prices  has  been  $2.75  to  $3.75 
peniuiiital  lor  large  dry  liank,  $2.50  to  $3  per  cinintal  for  mediums,  $2.50  to  $3.50  for 
iar;;e  picked  Hank,  and  $2.,50  to  $3  for  mcdiunis.     Catches  of  jinlloek  and  cnsk  have 
lieen  light,  while  the  catch  of  hnko  has  been  somewhat  larger  than  for  the  previons 
»easou,  yot  it  has  not  been  largo  enough  to  bt!  called  an  average  catch.     Tho  suortagcs 
in  these  varieties  luvvo  not  been  missed  by  tho  trade,  owing  to  the  large  supplies  of 
low-priced  codfi.sh. 
Salmon  and  Irout. — Tho  catches  of  these  articleshave  been  fully  up  to  the  usual  average. 
and  prices  have  been  advanced  just  about  the  duties  over  tho.so  of  1884,  salmon  rang- 
ing from  610  to  $15  for  Northern,  $8  to  $13  for  California;  trmit,  $8  to  $10  per  barrel. 
Boihrrings. — The  receipts  in  this  lino  show  some  little  falling  off,  mainly  from  tho 
provinces;  ]>ricc8  have  ruled  lower  than  for  1884. 
Ji/oa/er».— Bloaters  have  been  in  good  supply  ;  demand  fair,  and  prices  have  ruled 
from40  toOO  cents  i)er  box.     While  onr  receipts  give  small  amount  as  coming  from 
foreign  ports,  more  than  one-half  of  entire  receipts  are  from  Now  Brunswick,  entered 
and  duty  paid  at  Eastport ;  same  is  also  true  of  box  herrings ;  over  one-half  of  receipts 
from  borne  ports  are  from  New  Brunswick. 
Caiiiifrf;,<(/i.— The  popularity  of  these  goods  is  steadily  increasing  with  the  consnmers* 
i'mned  machrcl. — As  was  to  bo  expected,  w  ith  care  on  tho  partof  tho  packers,  looking 
tothinising  of  only  good  stock  in  its  preparation,  the  season  Just  closed  has  proved 
twt the  packers  have  not  secured  all  tho  stock  required  by  flio  trade;  prices  have 
nngod  from  7,")  cents  to  $1  per  dozen,  and  stocks  have  gone  out  <iuito  dean. 

'anitfd  /ofts^cio.— There  has  been  a  fair  pack  of  this  article ;  the  oi)ening  price  was 
iil.W  per  dozen,  but  it  has  hardly  been  maintained,  and  sales  at  tho  close  of  tho  year 
(»freat$l.uO  per  dozen. 
■Wdinw,— While  the  catch  of  fl,sh  suited  to  the  packing  of  these  goods  has  been  a 
rhtone  during  theintst  8ea.son,  jiriees  have  been  well  maintainetl  and  have  no  douht 
iKftfairmargiiiHof  profit  to  tho  iiackers;  tho  outlet  for  these  goods  is  steadily  in- 
Itieasing. 

^*«''./i«'i— Although  we  have  never  attempted  to  tabulate  the  statistics  of  the 
IWormoim  quantities  of  fresh  fish  handled  at  Boston,  we  have  during  the  past  year 
Iweauccouut  of  the  receipts  of  fre.'ih  mackerel,  which  amount  to  43,843  barrels,  re- 


024 


AMEinCAN    I'M.SltKftV    tNTKIiKSTfl. 


roived  from  tlio  ll«>«it  (linnet,  iiiul  fnuii  tlio  Ci»imi  (NmI  wi«irs;  thoro  wi-ro  G,8t8  l»arri|ii 
forwiinl'  <1  hy  mil  iiiiil  Ixuit  Irom  Now  York,  ninl  'J, '.Mil  biirnOH  iiii|)ortt'(l  from  the 
vicinity  of  Ynnnoiith  iiiitl  Hiirrini;ton,  N.  8.  Tlioro  iiro  now  about  tiiiity-livo  vchwIii 
hailinK  from  Honton  whicli  am  onjinjjnl  in  the  frcHh  <"<mI,  liaddock  iuhI  imlibut  linli. 
erien;  th«>»«<  thirty-JlvH,  liowovor,  form  but  u  very  NUiall  proportion  of  tint  ,vlio|i' 
nnmber  of  veHM>lii  uctivoly  •,  ii^rum-d  ni  HiippIyiuK  lloHt<tn  niarkot  witii  frtHh  M 
a  jjri'Ht  many  vi^MwdM  from  ()loucu«tti<r  ami  otluT  iiortH  biniliii);  (ImIi  jicrc  m  wHI 
Tho  amount  of  fri'Mli  end,  haddoi'k,  and  halilmt  landfd  at  T  Wiiarf  aloiitulmin;;  the 
year  1885  bwinjj  'i."),.''>l(»,iKM»  pounds,  according  to  olHciai  li(xnn«M  j;i von  our  a>;t>iit,  TIhti' 
urn  no  ndiabloHtatiNticH  wliioli  ran  bo  ^i  von  of  tlio  lar^o<|uantitioHof  liiiiilisli.HaliiHiii 
mnoltn,  Sir.,  with  which  our  nnirkot  Ih  Ntippiiod  during  tlioir  rcMpoctivo  m-asoim. 

W»>  tondor  tli«  rcMult  of  tho  yoarV  ItUMinoHH  with  our  Im'mI  winheH,  ami  ri-iiirii  tinnir 
many  corrcxpondontH  and  friontlH  (uir  Hincort*  (iianlcH  for  tlio  aHMiHt.'in('i<  wjiidi  lut^ 
been  8o  readily  Kivon  uh  in  tho  pant,  and  of  wliich  wo  would  ank  a  coiitinimiKT 

l'\  F.  UUlUiiiSS,  .SV.Tf(«r^. 


ki 


m: 


FUh  received  by  Botton  dealem  from  fonii/ti  aud  iUuhvhUo  porit,  iHH't, 

Janniiry. 

Fobniary. 

March. 

April. 

May. 

Jnnp. 

1  -■• 

f 

2,21H 

i 

e, 

1 

2,210 

.6 

* 

I 

■J 

1 

5 

1 

w 
6,701 

i 

604 

t 

I 

1 

n 

6,102 

] 

22 

* 

t 

i 

4,815 

i 

i 

6 

Macki-n^l lisrroln  . 

M»ck<«n>l  llei-t.  lua|>«cUul, 
iMirmiR 

^502 

2,407 

5,88fi 

3,400 

i,{x 

nerrlnga barrpU . . 

TI»*tTiiig»,  froi»>n  .  ito.... 

252 
3,  TiOO 

1,604 

2,014 

3.17 

UO 

ifii 

11,  828 
"041 

4,53.5 

1.301 

M75 

50 

280 

7,100 

2.742 

2,015 

8 

610 

no 

1,558 

125 

502 

■"w'i'in 

8 

""'os 

103 

fl 

W 
""300 

1    a 

673'  3  31 

i     11:1 

Trout do 

. 

1 

:»  1 

Shad do  . . . 

7 
13,100 

OU 

4 

08,212 

M 

Herrinjtn boxmi.. 

ii,248 
4. 60:1 
1,  RIO 
1,41M 

20,  nrn) 

11.315 
2,440 

38,000 
265 

43,871 

4,170 

1,570 

13 

10 

10,683 

703 

4i,8.'t5 

46 

103 

1.010 

42,026 

41,180 

31, 700 

,11,300(H,."«)  J 
_ 1 1 

Itoiii'h'HH do 

Mnrknrt'l                     ilo 

788 

887 
240 

!     498 1 

R       Hft'i       ..   1 

647 7i« 

<'<Mllli»h ciiiiiitAU.. 

Hake        ..               do 

15, 445 
343 

i,C58 

11,802 
204 

1,428 

3,731 
18S 

820 

""20 
374 

3,801 
6*32 

78  6,622 

\x» 

1Ia<1(1oc1c  .                  iln 

15 

1 

200 

iso 

481 

'■'■20 

ioo 

90 

(^nnk                           iliK 

8S 

Jnty. 

AnKiMt. 

S«ptember. 

October. 

November. 

December.  I 

lUh. 

§ 

i 
1 

1 

v 

i_ 

13,471 

a 
be 

1 

t 
1 

14,302 

1 

3,012 

i 
a 

1 

7, 533 

1 

10, 174 

I 

1. 

r>,  780 

i 

1 

1 

0 
B 

• 

t 

i 

u 

1 

Mackerel bam>t8 . . 

Mankorel  flo«<t,  in»i)ccte«*, 

7,572 

1. 225 

1,020 

5,850 

1,737 

1,427 

UerriiiKH barreln. 

00 

(KiO 

21 

41 

2,254 

0,502 

7,108 

0,074 

2,859 

5,382 

897 
1,076 





'9,'i5« 

%»x, 

5«5 
343 

li.'oCT 

3,281 
■"20 

1.765 

,'.0 

.Sabnoii do 

AlowlvpK do... 

107 
80 

"'"21 

""m 

80 

e 

232         15 
4 

■"'21!:::::: 

78           0 

13,015  51,206 

3451  3.572 

47 
1,140 

■■■".ii 
It) 

20,41H) 
31U 

i,"923 
2,403 
0,314 

"256 

"m 

m',m 

4,3;i7 

1,231 

250 

7,'5i3; 

1,50i)l 

UN) 

15:1 

00 

i 

i70 
1,104 

'"m 
27:1 

>0,9r2 

"m 

■m 

K,  im; 

1: 

AlewiriH,  Hinokod.do 

Trout do 

J 

Shad do.... 

HerrinKH boxes. . 

Bloatora do 

2 
5,783 

15 

45,088 

'•"••" 

40,' 255 
1,810 

19,il9 

Bonnleaa do 

Mackvrel do 

I.«b«t<TM do  — 

CmlflHh iinintain . . 

Hake d<».... 

HaddfK-k do 

I'ollock do 

(juHk do 

074 

338 

538 

5,879 

120 

""20 

1,780 
144 

78.1 
2,003 

0,502 

4n 
""•ii 

'4,' .'.70 
5,  two 

■■'26 
17 

1,811 

4,  .30(1         40 

30   S.KK 

20,82815,018 

2, 3.18,        88 

300; 

290i 

145 

3,001 
M4 

io.'.wo 

5,051 
487 
107 
280 

'■■'iii 

IM 
"iii 



— 1 

n  wiT«  0,rtl8  barrcld 
liuportfil  from  the 
it  tliiity-livo  vi'iwfis 
'k  mill  liiilihiit  lUli- 
)rtion  (»f  tlio  wholi' 
kt>t  with  IVcmIi  jisli, 
;  HhIi  Ihtc  as  wpII, 
iirf  iilmiti  (ImiiiK  thi' 
iMi  our  a);<Mit.    'I'luTr 

Hllf  llllU'tlNll.MalllHIII, 
M'l'tiVI>  WMWIIIH, 

en,  ainl  rcnirii  tiMnir 

lHHiHtinM'l<   Wllicll  hx" 

I  a  iM>iitiiit\ttiii'i'. 
JlKiKSS,  Svinlars. 


)parU,  ISHT). 


May. 


Jnno. 


I 

i 

n 


6.102 


«  4,815  9,»S0 


125 


502 


IN 


..J     53 
573i  3,31 

...    m 

...I      « 
20'      3» 


300 


,2,167 


887 i     W 

•J40I        5     Wi 

647! I     716;5,7»l 


3,891 
602 
2«  ... 

74  ... 

20 


78' 8,622  *•*  ! 


Movomber. 


4 

{ 

t 

5. 

t 

& 

a 

i. 

0 

0 

H 

In 

100'      !» 


Bocenil"' 


174 


5, 780' 5,050  1,737  H^ 


m 


471 1      1701. 

141)1      305  1,1M- 


~,\"     .1     ,168.. . • 

i,V"    ..!    "ra-- 
4W't;i,2t«i20,»12  "• 

;nii;  4,3;!7i 

l/JUl 

•,!5U^,     848 


17! 
3611 


4!i:i 


■m  . 


6'iw!i9,i*| 

'AH,V.i J 

5g5|....-J 

343    m 


101 


:„4   7;  013,12. 153,1' 


13,1 


I  \,mi 

I       1!H) 

s.wi    i5;i 

00 


3,281. 


AMKRICAN    FISIIKUY    INTKKKHTH. 


025 


n«)i  nwit'w/  fti^  llonlon  dfalrm  from  foteiijii  and  dinnmlic  porlH,  lH(ir» — Ci)iiliiiii«Ml. 

KKOAl'ITULATION. 


FUli. 


M4.k«rel • ;.• Urroli. 

MrkiTcl  Ile4>t,  Iniiltoctmi do... 

flo... 


llcirill(!lt ,  , 

lliTrinu*.  Uvun «I0.. 

Salnii'ii • .....uo.. 

Aliwivmi MO. 


do.. 

«lo... 

do    . 

IhrrinK* • boxes. 

r.li.iilirs Uo... 

I!iill(ll'.<!4 «lo. 


Ali'viiveH,  HiiHikrd. 
I'wiit 

Sliilil. 


M«kirtl do... 

UWcM •">  •- 

i'imIIWi qillutftls. 

Ilakn do. ... 

Iladilwk ,■ do... 

Nlwk •'«..• 

I'lmk do... 


TotuI  honiu. 


m,fl78 
(HI,  714 
14,  a?  4 
24,  aw) 
20 
1,016 


4fl 

4i2,:n;i 

32,471 

10, 114 

10.  L'07 

l.IHMI 

142,364 

14,401 

i,0H2 

1,4UC 

UIO 


Kori'iKn  tuUl. 


41,  MO 


!I7,  112 

ft,  440 

2,  tW4 

U,  K40 

00(1 

6:it 

41M 

3.17,  flIH 

i,o:m 


Grand  total. 


2,  OM 

IH,  1)14 

511,  KOI 

t<8 

52 

1,035 


IHO,  001 

SI.IiM 

29,640 

2,104 

»l,7(U 

OOS 

031 

464 

749,  931 

33,500 

16,114 

13, 172 

19,  OM 

100,225 

14,480 

1,134 

2,440 

OM 


Fiah  receired  by  Vo»tQn  dealeri,  1881-1885. 


Kisli. 


MaolicrpI liarri'lii.. 

Uackorcl,  UoHtun  ll(<«t,  bar- 
Ms  

niTrinpi barrdti . . 

AieviveB do.... 

Silmiiu do.... 

Trout do 

Hi'rrin|.'H,  Hmiikod. boxes.. 

BkilcrH,  aniukcHl . .  .do 

Cwi qiiintula.. 

WAe do.... 

Iliildook do 

I'ollwk do... 

('ink do  ... 

Sbiul banola.. 

ifiHb boxos.. 


1881. 


si 


& 


73,053 

69,669 

12,4'.'0 

0,184 

080 


337,  830 

29,610 

125,450 

41,021 

6, 792 

1,773 

1,4C0 


14,203 


1^ 

„i 

■fc  s 


01,850 


3 


204,  920 


44,900 

8,104 

1,097 

1,147 

274, 5«a 

HIO 

56,  852 

7,901 

1,(U1 

3, 020 

38 

1,  l.')2 

31U 


50,908 

10,  288 

2,  977 

1,147 

612,412 

30,  429 
182. 302 

48,  022 
7,  423 
4,  793 
1,507 
1,  l.'>2 

14,  CUO 


1882. 


si 


44. 186 


'83, 175 

10, 678 

1,129 

2, 144 


2.*>9,  799 
30,  s:>\ 

80,  2117 

21»,  625 

2,288 

o.->o 

1,  M4 

26 

11,333 


37, 616! 


s 

o 
H 


1883. 


104,077 


i21»,802 
44,  481 


41, 978 

9,090 

1,600 

1.845 

440, 080 

5, 060 

50.  578 

9, 4,14. 

1.  081 

2.120 

104 

1.24.-. 

107 


62,  556 

10,  828 

3,834 

1,  845 

708,  879 

3.\617 
1.(9,875 

39,  0.'>9 
4,269 
3,076 
1,008 
1,271 

11,530 


9,129 
2. 125 
1.  200 

234,040 

24,044 

104, 182 

24,660 

1,062 

1,341 

626 

50 

20,068 


g.e- 


75, 220, 


84.  e.^) 

10,650 

3,216 

1,584 

233, 547 

3,196 

59, 3()7 

2, 075 

1,077 

1,108 

50 

645 

1,586 


3 


140,  l.'iO 


03,770 

12.775 

4.416 

1.  r,84 

467,587 

28, 140 

103,  540 

26, 744 

3,  030 

2,440 

676 

506 

21,654 


Flah. 


2:85b-5;i82|     «07  1.'«^- 


^'t^l barrols. 

MiickiTvl,  Boston Uoet do... 

"*™K« do... 

**»'"« do... 

SJlniOD An 

li^ot -.do.-- 


,  Jfrnugg,  Hiuuked  ..'.'.'.".'.' .'.'. boxes. 

|«l«iti't8,(iniokod do... 

fc i"'"/!'*'^- 

Mioek..;; „■■ 

wik jj, 

I  |W ...... ..."■.■.".■.■.■.■."."V.V.bftrroU! 

"»">«»  flail boxes. 


.S3 

S  P. 


8' 


46,763 

72, 184 

7, 8.'>5 

1,600 

80 


304, 276 

32, 083 

122, 254 

7.443 

1,200 

1,344 

722 


10,281 


Cm 


1 

o 
H 


60,426$ 

Kt,  093 

8,675 

1,803 

094 

308,068 

4,490 

77,201 

2,047 

1,342 

3,191 

15 

320 

150 


170, 373 

02,048 

10, 281 

1,883 

004 

703.244 

36. 573 

100, 455 

0.490 

2.632 

4.635 

737 

320 

10,431 


1885. 


.5 


80.678 

66.714 

14.274 

1.015 

20 


412,313 

32,471 

142, 364 

14. 401 

1,082 

1,405 

610 

46 

16. 114 


6. 


41, 600^ 

37,112 

0,815 

2, 0!'4 

631 

337,  018 

1.038 

56.  8o1 

88 

52 

1,  035 


418 


^ 


189, 001 

51,380 

8,761 

2,104 

631 

749, 931 

33.500 

192, 225 

14,480 

1,134 

2, 440 

610 

404 

10, 114 


m 


.(.  '* 


92(> 


AMERICAN    FISHERY    INTERESTS. 


Slatement  showing  the  number  and  lonnati'' of  rwni h  v/  the  United Staleii emphijalit, t^f^^ 

and  mafkcnljinhiricn  June  'M,  lbc(5. 


SUM  M  All  Y. 


I 


Ife 


SUtcs  in  which  dooum(int«<l. 


Mitinn 

>.'ow  llnin|)8hire 
MaHwat'liiiHottit.. 
lUiodo  Islaiul ... 
(;oiini>rtiout .... 

Now  Yorlc 

Virjrlnia 

TVorth  Carolina  . 

Florida 

California 

Total     ... 


Vo88elH  al)uvo  20 
tons. 


No. 

au4 

14 

031 

11 

M 

16 

4 

I 

1! 
.    10 


Ton*. 

17,  528. 66 

rm.  11 

43, 1)04. 17 

1,  U81. 00 

3,  'J46.  *H 

3, 166.  m 

231.  i:i 

aa.22 

372.68 
8, 821. 03 


Vi>«»(>1h  undur 
20  tons. 


JVo. 

2s:i 

f) 

18J 
OG 
It.') 

1U3 

"i 

4 


1,080      7:i,97r..23  i    714 


8,  5«U.  (i« 


Total, 


Ton*. 

Kn. 

3,  4W.  !!:< 

607 

72. 79 

ID 

2,  (Kin.  !)■> 

ei:< 

o:ij.  r.ti 

77 

777.  (12 

rj3 

1,510.23 

119 

4 

11.28 

2 
15 

46.14 

43.711 

24 

Tm. 

Ml.  to 

1,713.«:' 
4,(rJ4.1» 
4,683.19 

231.13 
44.50 

418.6? 
3,66J."2 


1,803  :  i!2,!iN,n 


Takan  from  tbo  Annual  Iloport  of  the  CommiBHionAr  of  Kaviiiation. 


Jmoitnt  of  inspected  barrels  New  Entjland  mnrkrrel  cntvh  packed  at  each  portatreporidtt  \ 

the  JioHtoi:  I'inh  Bureau,  18f%>. 


Ports. 


MaM.nchnMtts : 

HiisUtii 

lk-v«rly> 

Coluutsut* 

DfiiniBport* 

Fnirhavon  • 

(iloucenter* 

llarwicliport'... 
Nfwliur.v[K)ri* .. 
Prt  vincflown*... 

ri,Vinoulh» , 

IJiK-kiJort' 

S4m(h(;hathain*  . 
SiiHtli  llai  with*. 
\V«lltlt>et« , 


Totid. 


Maino: 

Booth  Bay 

Cauid«D* 

D"nT  Islo* 

KuHtport  • 

iHlfolonI' 

North  Haven*.. 

rortland* 

S«nitli|M)rt '. 
SwiiiiH  Ulanil*. 
Vinal  Haven' .. 


TotiU. 


New 

Enitland 

•bora 

float 


15 


3 
4 

1 

130 

6 

2 

14 
2 
B 
4 
1 

30 


2?3 


Norlh 
Buy 


40 


7 

2 

1 

1 

3 

17 

50 

10 

8 

3 


III 


Total 
iiumh«r 
of  bail. 


16 


8 
4 

1 

nil 

6 
2 

16 
2 
0 
4 
1 

30 


275 


7 
2 
1 
1 

3 
17 
60 
10 

0 

a 


113 


Total 

niinilier 

of 

craw. 


240 


45 

14 
2,640 
02 
27 
225 
30 

m 
eo 

15 
670 


Now 

Knclund 

shorn 

cutoli. 


Irjtp.  bbli 

56,  3.W 

100 

269 

3,  (KW 

UK) 

100, 000 

3,060 


14,513 


2,040 


20,  740 


4,123 


106 

20 

12 

18 

33 

207 

018 

ir.5 

143 

45 


1,750 


201,002 


6,500 


150 


88,025 
0,534 


North 
catcli. 


10,o>i4 


15,000 
""333 


Total 
catch. 


IitipM. 

t»,7U 

too 

3,IK)(I 


14,  M 


2,  MO 


20,:40 
2i,607|     2*i59 


l,B75 


e,5oo 


15il 


101,  200 


l.BTS  j 


103,  IH 


•  Mftckprel  nirwl  ftt  ll«>vnrl>  wero  tul(«<u  in  traps. 
'  -'  *  Wholoor  part  ol'caloh  pai'lit'd  at  othur  ports. 

Amount  cnMlliod  to  oaoli  port  i«  the  nmount  pa<  ked  tli^tf,  rogardlcM  of  amount  of  wtch  of  tcmci 
bailijiK  fiuiu  lUero,  which  iu  uiauy  iustanoea  pacliod  at  utbui  i>ort». 


AMERICAN    FISHERY    INTERESTS. 


927 


alenvmploijedintkni 


[oUil  mackerel  catvh  of  Nvto  ICmjland  Jket  for  five  yearn,  as  rriiorlcd  lo  the  lioHton  Fish 

J!urmu. 


1 

lilidxr 

„.. 

Total. 

Tomi. 

No. 

Tmi. 

452. 2^ 

607 

:o,i)*o.« 

72. 70 

ig 

6«l.»l 

o:m.  05 

818 

4.'),  941. 12 

«;i2.  .w 

77 

l,:i3.6i 

777.  (12 

1'.'3 

4,irJ4.10 

510. 23 

119 

4,683.19 



4 

231,13 

11.28 

•> 

44.50 

4«.14 

15 

4ia6I 

43.70 

24 

:;.t6o,'2 

,  W9.  «6 

1,803    82,!1«.S) 

('(/.•/(  port  as  revortidui 


low 
gill  ml 
honf 
itch. 


Nnrth 

any 

cutvli. 


Tiiial 
ciU'h, 


>p.  bbU. 

56,  a.w 
100 
200 

3,IH)0 
KH) 

1)0,000 
3,050 


14, 513 


2,040 
20,740 


0],0G3 


6,500 


ISO 


88, 025 
0,534 


Intp.bUi.'ImpM. 

iu,oiM'     •*■■■ 


15,000 


333 


25,607 


65,  :u 

100 
M9 

i,m 

100 
lis,  000 

:,9J0 


14,  M 


2,M) 


20,740  ] 
228,759  I 

6,500 


liO' 


1,975 


9(1,000  ' 
6,531 


01,209         l.M5|     W''"^ 


8UiouBtofl»ktcliofW«el 


States. 

Yoar. 

New 

Knclund 

Hliore 

Vl'HXelB. 

233 
111 

North 
Buy 

VCBItvlH. 

42 
2 

Tot  Hi 
Hiiil. 

ToUl 
crew. 

4, 123 
1,756 

Now 

£DKlund 

Bhori) 

cutch. 

North 
Bay 
fleut. 

In*j>.  bbl*. 

Total 
cat«h. 

u-iotiofliiidnttfi --. 

1885 
1885 

1884 
1884 

1883 
1883 

275 
113 

ln*p.  bbli. 
•Jul  06'' 

Intp.  bbU. 
220.  759 
103  184 

ifninn              , 

1011200         "i!i»75 

ToUl 

344 

44 

*rf — 

388 

5,870 

302,271        27.672 

329, 943 

\(t..i'irhnHettH 

182 
71 

87 
21 

2K0 
02 

4,  2C5 
1,402 

280, 600         17, 787 
168,740           1  K.Mi 

307, 4tiO 
170.  .590 

4.-.8. 439 

' 

-Otill 

253 

108 

301 

5,607 

10,637 

478, 076 

214 
8t 

54 
0 

208 
90 

7,885 
1,34!) 

142,  545         26, 266 
65,  474           2,  400 

168,811 

57,874 

1'otiil    

29S 

246 

88 

6') 

358 

8,734 

108,010         28,666 

226, 685 

1882 
1882 
1882 

1881 
1881 
1881 

246 

88 
8 

342 

206 
84 

8 

3,823 

1,156 

104 

5,083 

2,  975 

1,177 

106 

258, 716 

119,  847 

300 

258,716 

119,847 

300 



Total 

342 

— 

u78,8e3 

378,  803 



203 
84 

3 
3 

209,  165 

116,022 

6,400 

3;io 

140 

269  465 

116,702 
5  4U0 

.Nfw  lUnipghiro 

Xotal 

200 

208 

4,258 

391, 187 

470 

391  657 

Id  the  above  tbo  Suutbern  catch  aud  iiunilior  or  vcsHblH  uro  iucludod  in  the  Hhoro  cutch. 


Total  calchof  cod  and  other  ground  Jink  for  Jive  yearn,  as  reported  lo  the  Boston  Fish  Bureau. 


StaU>8. 

Year. 

V«i»«pU  on 
(tiiinil  und 

Bank8. 

Veaatdson 

Northi<uHt 

alioru  iinti 

tlcorKca 

Baiika. 

Ti.tiil      Tdlui 
Mail.      cruwH. 

Catch  0:1 

(iriii'd  uiKl 

West  I'm 

Bunk  a. 

QuintaU. 

280,  803 
8:.,  125 

Catch  on 

Northi'aHt 

Hhuro  and 

tU'ortioa 

Banka. 

QitinSal* 

443, 177 
84,850 

Total 
cutch. 

MaiwiiohuBetta 

Maiiio 

1886 
1885 

163 

53 

264 

250 

427 
303 

5, 106 
3,34'; 

QuinlaU. 

732, 480 
169  975 

Total 

2tS 

229 

77 

614 
100 

'Mtll 

730 

374, 428 

528,027 

002,4.55 

1884 

1884 

Maimacliusotts 

Maine 

428 
337 

5,277 
3,474 

•       304, 383 
99,350 

3:i6, 130 
171,440 

7,')0,5I3 
■i7()  700 

Total 

306 

459 

160 
262 

705       8. 751 

493,733 

507, 570 

1,001,303 

MaiwailiusiatH 

Maino 

1883 
1883 

248 
70 

408  I~7i,2i6  1        487,760 
338  1    3,385  i          90,975 

267,900 
215  063 

7.'i,"i,  OWI 

'tint    ll'IS 

Total 

324 

422 

153 

218 

6 

746  1    8  001  '        •'»"M  '!is 

482,063  1  1,06!,  01)8 

' 

Matwacbunetls 

Malno 

^I'wlIiimiiMliire... 

1881 
1882 
1882 

940 

71 

4 

308 

280 
10 

4,804 

2,785 

130 

400, 272 
73,806 

200, 015        601, 187 

2;'1,011         205,717 

2,  000  1          2  000 

Total 

ais 

877 

002 

307 

210 

21 

7  710  1        i^i  07B 

424,826  1      898,004 

...... 

4, 2.54 

1    HI4 

' 

U»«»achii8ctt« 

Maiuo 

1881 
1881 
1881 

170 

73 

« 

178 

143 

15 

203,  .500 
7')  r'-jx 

285, 0.50  1      548, 640 

130,0,37  1      212,387 

6,000  1        14,000 

Xfw  Ikmptdiire.!! 

234  1            0,000 

Total 

368 

336 

004 

6,  402  1        355, 040 

410, 387        775, 027 

II 


1)2H  AMKKICAN    KI8HEUY    INTERESTS. 

Xew  England Jleei  oatok  of  cod  and  other  f/'onnd  finh,  /««<J«J  at  komt  porl*.  as  nnnt-Lj  . 

the  llooton  link  nurmu,  1885.  '       ^'^  ' 


MuHMU-Iiunetts : 
JJuvorly' 
Chatham'* 
Kiilrharpn* 
(iloncpatcr*** 
Murblohead* 

I'lymouth 
Provlncefown  ' 
UockiHJrt' 
«<iMth  llarwiob  '  • 


Mallio : 

Rootli  B»y» 
H«r  Harbor' 
iiiMH  Harbor 
Lhickaport 
BroLipn' 
Vai\w  Poiin-...-*' 
('niiilH!rry  I«le* 

EiiHtp'trt* 

Ei«worth » » 
E*»t  llooth  IJaj* 
KriiMitUhiii 
Huqwwell' 
I>t>inulne  . . . 

Iiiibeo 

Mitinksaai* 
North  llir.Hn'. 
N«!W  lUrbor'" 

OvlMl(l'« 

l*orUaiid 

IVuiatinld 

PortClvtlo 

Soulh|)brt"« 
Swan'*  Inland* 
Soutbwt'Kt  lliirbor 

SMlgwirk 

Viiial  Uav«n' 
WiuU'f  llarbor 


ToUl 


'  Tnclndfw  one  na'l  that  ttnhod  oflf  (Irernland  and  tani1«Ml  400  nulntitli  halibut 
'Catohof  Hiiialt  hIiofo  iKmtn,  and   miiiiIht  of  humi  In  saino  lurliided. 
•CaUh  nf  SoutU  Chat  hum,  iiiinn/'ir  of  vosmiU,  &('..,  lucliidcd. 

*  lucliide«  VMuit^U  in  balibiit  tt8b<!ry. 

*  ItruwuH  llauk  vcbhoIs  .lud  amu..Dt  of  catch  (about  Bt,70C  qulntala)  ure  iiiclmbHl  wltli  Ueorges  aim 
Shore. 

♦About  25,000  quiu*a)fi  inclndod,  which  wore  la'-'dod  b:-  rosauLi  from  olhor  porta. 

'Ini'ludos  Hvo  vcam-ln  Miat  (lnh<<<i  in  North  iJ»y. 

'  io(  <ud<'i*  I'.OOU  <|utiita.i«  htudid  ut  Kaat  Ilurwi':h  by  boata. 

*  ISankllN:-.  ciii'imI  at  UiickHport. 
■"Landod  UhIi  at  Vinal  Ilavou. 

■■  I.nuu  qnintala  i»ndtMl  bv  Itooth  Bay  reaaul. 
>'  1.200  >tiiintAla  <  unil  at  Viiiol  UaTrn. 
4,SM)0  quiutala  cunnl  by  Booth  Bay  VManla. 


AMERICAN    FLSUEHY    INTERKSTS. 


920 


Ne  porh,  as  rqmui  to 


HtirnI 


rmyer  barrel  of  la^jh  yraiie  of  pickled  mackerel  in  ManaachuaeUH  iti  the  first  week  in  S«p- 

icmberfrom  IH'.iO  to  188"). 


m,Mz\  443,  ir/;   ]n,m 


luclmli'U  with  (JeorgM  auJ 
or  porls. 


Year. 


IS.10 
Wl 

\m. 
m, 

1(35, 
ISHi, 

)«". 

IBS. 

1,«. 
m. 
m. 
\Hi. 
m. 
w. 
\i\y 
\m 

IW. 

m 

\m 
m 
mi 

mil. 
m 
m 

\in 

m. 
\m 


No.  1. 


No.  2. 

i(o.  3.  1 

1 

ti  M 

•2  (12  , 

4  ir, 

•i  iia 

4  no 

U  75 

4  71) 

!)  B.I 

4  7a 

3  ;ir. 

0  m 

4  Oil 

K  0() 

5  00 

0  "ill 

4  12 

0  2,5 

."5  r>o 

10  no 

7  00 

10  no 

.'i  ,10 

10  IH) 

tl  00 

II  00 

4  no 

H  12 

li  I'l 

7  !>0 

!<  : 

10  !ii) 

II  !•; 

(I  •-',") 

:t  HI 

H  ir, 

4  i'.-. 

11  00 

;i  :i7 

7  00 

.•1  fiO 

Teivr. 


IHUl. 
HI12. 

IS: 


rt 

uii  h 

,1  ij 

.'.  7,1 

7 

111 

.1 

00 

II 

-T' 

0 

10    1 

H 

ID 

K  fill   ! 

8  no  1 

5 

1)0 

m 
Hia. 

IHI18 

\ma 

:.C0,  l.iiy... 
1H70,  sboro  , 
IHil.lKiy... 
1K7I,  bIioi'o  . 
I  '\  Imy  ... 
I  slioio  . 
Irt,',!,  I)!ly  ... 
187,'l,  hIioiu  . 
1874,  bay... 
1K74,  slioio  . 
llS7.'i,  buy  ... 
187.1,  Hhbro  . 

1870 

1877 

1878 

187U 

1880 

1881 

1882 

1883 

1881 

1885 


No.  I. 

$8  50 
8  2.1 

14  110 

30  m 

22  00 

22  7.1 

17  CO 

17  00 

23  UO 

21  .10 

23  00 

10  .10 

t|  2.1 

11  ,10 

14  •'■XI 

11  7,1 

20  110 

1.1  00 

13  25 

H  00 

IB  25 

1,1  00 

10  50 

18  00 

Hi  00 

14  UO 

14  00 

18  00 

20  00 

14  00 

13  75 

No.  2. 

n  no 

6  00 

i»  25 

20  00 

15  00 

13  25 

12  35 

13  00 

It  ,10 

11  OO 

0  75 

7  50 

7  25 

!l  25 

0  ,',0 

12  25 

8  UO 

U  00 

11  00 

10  '.'5 
0  75 

12  .10 
8  00 
5  00 
7  00 
0  (HI 

11  00 
14  00 
10  00 

5  75 


No.  3. 

$2  75 
1  50 

6  50 

0'75 

7  50 


.1  .HI 
0  25 
7  00 


0  00 


7  00 
7  00 


7  50 
5  50 

8  00 
5  00 
,i  00 
4  00 
4  00 
ft  00 

10  .10 
3  fitj 
3  76 


IWcil  nrt«|6(-f  (If  hatfvta  ofeach  quality  of  itickhd  mackerel  inapeeted  in  MasHuehumHit  f>om 
\M\  (o  |.S8.'i,  and  the  total  raliic  of  each  year's  inspection  from  18:i{)  to  1885. 


Voiti's, 


!  m... 


m.. 

i  i«i;i.. 

IHt.. 

m.. 
iHi; . 
w;.. 
Iw* . 
w:i.. 

m.. 


Ilarrols  nmckorol  inspected. 


isa.. 

w.. 
m.. 

iffit. 

jitti 


8.  Ex.ns 


2, 274  J 

2.  nioi 

1,  3II8| 

1,  oooj 
oooi 

80 
:t.225i 
8,  (1041 
I0,400{ 
14,410 
10,614 
12, 4,13 
7,  4001 
20,  035 
10,804 
4,1,  l!4fli 
20,  040 
43.  400 
81,  357) 

63,  2351 
64,184 
47, 808i 
70, 108 
28,  070 

64,  nioi 
80,  433i 
45,  005 
53.  005) 
24,  573 


-59 


23,747 


3,078 
4,770 
0,  023 

2,  mk 

1,231 

,14(!i 
.1,  4.Ki.l 
0,  'JUI 
5,  'JO? 
II.  III'.' 

3B,  .■,:>i 
:i4,8ii 

!!2,  103 
««,  081 
e-.!,  047 
75,221 

100.  840 
80,  .184 
liO,  335 

no,  O'Uii 
77,  0!)8 

101,  euon 

171,  I8(! 

07,  21Ui 

08,  927i 
0.1,  5.i:)i 
57,V7li 
00,  558 
01,027 
28, 688 
22, 0J7i 
11,040 
10,  (Vi9 


3, 472| 
5, 242 
10. 000) 
2, 720 
1, 025 
7031 
7,  :t77| 
13,010 
2I,0H8 
20,  775* 
43,  0751 
n-*,  374l 
7I,50.")| 
7.1,  578 
63,  I54J 
71,183 
114,0041 
34. 057} 
30,  012 
03  422i 
04.  095 
150,025 
142, 104 
00,  553i 
00,44,14 
7H,  802| 
01,924 
CO,  187 
.12,  557J 
44, 184 
30,013} 
20,001 
21,141 


14 


Totjil. 


Total 
valiiu. 


8, 825 
12. 552i 
17,401 
.1,881 
3,  7.1fli 
1, 339 
111,0.10  V 
30,  909 
37,  302 
40,  348 
100,111 
115,041 
111,0001 
100,l!04i 
14.1,  000 
191.050, 
251,384 
158,740 
190,301 
237,  3'JI 
225,  077 
308, 40:ii 
383,  54Ki 
222,  542 
222,  fl3'.'i 
2.12,  879i 
104,  8001 
174,4104 
138, 1.17* 
110,7401 
74,2081 
50,4011 
D5, 637 


1,1  111,  470 

1, 5S9,  ma 

707, 70.T 

070,  035 

1,10.1,842 

1,030,.1«0 

I,2(i8,:t88 

803, 063 

925,  ooa 

710,204 
473,  345 
518,  300 


930  AMEKICAN    I'lSllEIlY    INTERESTS. 

Total  Humhcr  of  bani'U  of  cuvli  qualily  of  jnokled  mackerel  innjterted,  «fc.— Coiilimit'il 


Years. 


1M2. 
184:i. 


1844... 

ms.... 

1846... 
1847  .. 
184S.... 
1H40  ... 
185<).... 
Ittf)!  ... 
185-2.... 
185:i.... 
1854... 
ISTfci.... 
ISTifi... 

ityiT  ... 

I86H.... 
1850  ... 
1860  ... 
1861 ... . 
186-i  ... 
l8o:i.... 

1864  . . . 
1865.... 
18G6  .. 
1««7.... 
1868.... 
I860.... 
1870... 
1871... 

Ifrvi... 
1«73... 
1874... 
187r;... 
1876  .. 
1877... 
187e... 
187'J... 
Ih80... 
1881... 
1882... 
1883... 
1884... 
188S... 


Itarprls  itmokonti  inapeotwl. 


20, 363 
32. 759 


•J^.  K43J 
08;ii 

ml 
i.M.j 

404 
401 
7tlf.i 

oniii 


-«■ 

44, 
DM, 

li:i, 

01, 

8H, 
Mil, 
SI. 


■■'•■■m 

51'J 

347| 

330 

8281 

877* 

01)2} 

OK'ti 

3lvU 

7231 

808J 

001 4 

i)J4i 
04«4 
1K7J 
806} 

687J 

loflj 
MOOj 

iH,.)i:>j 

lt,(VM,^ 

ii.  (yj.:A 
•j(i,4r.3S 
ir.,r,o«j 

30,015 
•JO,  8;-/JJ 
22,  377| 
15,  742 


•81. 

7.'!, 

61. 

58, 

70, 

81, 

67, 

103, 

1.13, 

l.W, 

rJ2. 

93. 

7-.', 

CO, 

10.1, 

71. 

H3, 

112, 

33, 

30, 


22, 496 

13,088 
22  515 
HK  623J 
70, 005 
70,  <Kt6i 
70,  tf7»4 
81, MIS 


24.  .»«•» 

46,24:" 

91, 122 

70,810 

45,218i 

21.0203 

12,0604 

122.  837 

IIH),  2M<Ii 

78,  388^ 

130,  075i 

137.  7461 

03,  .5621 

.16,  3191 

46,  OSJ'j) 

4.',  2624 

02,  <m»i 
lK!».422fi 

S.'),  8li7 4 
51,  371.} 

03,  888J 
7l,442j 
l'»,  ■.'70) 
00.  77j; 
37,  286 
48.  170j 

.91,  113^ 

104,  4344 

l.iO,  .586 

li5,  121 

48.0784 

.5i>,  R.3,"  :■ 

10(},!ft)4 


23,684 
18,604 
3.5, 023 
8,5,  5fi«4 
65  "76 
71,7(10R 

107,0581 
65,  584 
H7,  60* 

!;!.•>.  SB74 

11    (IKV^ 


U(l.  Jil 
47,981 
38,  257 
32,  3321 
22.  207  J 
50,  578i 
22,  18(1 
IfKi,  on 
102,  00  H 
3.1.2I2J 
30,  266| 
44,  7748 
41,048* 
44,0774 
05,7171 
63,01Uil 

(\\  :r22i 

'..-.,  693H 
37.  705i| 
73,  !)60 
73,42)1] 
»3,4H1S 
37,  70IIS 
70. 1751 
54.  SOfil 
IK),  5.54  ij 
98,80)1 

123,  788 
4.x,  341 4 

188,1121 
U2,U51| 


2I,««R 
4144 


i,:i:i.< 
178 
711 

1,0(124 

3,441 
633 

r)*)2j 
■jso 
Hi 

241, J 
2001 
■llSl 
0251 
3,  54fl,; 


■mi 
"4,'2nii 

4,  8181 

l,2!)4i 

11,  78.".  J 

3.-.  I 

19,  510| 

2, 1273 

428 

30,  8074 

13, 0011  j 

7fU 


Total, 


7.5,543 
64,4,V, 
86,  ,1811 
202, 302? 
170, 511} 
2.'>1,I)1"J 
300,  i:);)j 
208,  i»,Vi 

242,  .572 
:IJ;I.1M4J 
lltH,  IL'i) 

i:i:i,;;4(H 
i:r.,:iti>} 
2n,i).vjs 
■-'14,:ii'.'j 

lll.flOiJ 
fl!),7|.j} 

Wi,  Kill! 

30(1.  Ol.'j 

274,  :ir.;i 
2:.a,  "!)6j 
2:;i,(i9i;j 

210, 314 

IHW.«.V1J 
2^4,2105 

31S,  r.2r 
■.'.'>:>.  41tr 
ISl.WB 
1H.'),74»<.^ 
2."*,  ;iT!IJ 

iiiu.od:;! 

2J,'i,  !H2j 
IO.'i,  l)B7J 
14I.22(1A 

15.-,,  2078 

243.  M^i 

TA,  i7;;j 

i.W,  382 

154.  HI) 

210,  5704 


Total 

Villlli'. 


40.V.ITJ 

(i.U,juj 
IM.tilia 
i,0in,.w 

2'.'M,!C.- 

l,R'iH,,'.iMi 
l.:iiitl,l.S 

i.;,7„',i; 

:','J4!t..i|| 

i,4!n,rj 
i.'jii7,8;:i 
i,:il3,,Ui 

:'.  129,01^4 
:',i»64,Sl 
•.M(?.'.7:i< 
1,7l';i,JI6 

i,'j:K-,,or) 
'.',.'M,0f,7 
l,ll(i,«.M 

l..'c,)l(i 

-',P7»,7i7 

t.  7:i'  ■ 
4,:w,; 

•.'.ri3.',rii 

H,l!tS,;il5 

:i,7)4,M| 

■J. '.'33,  Oil 
1.!H8,4I6 
'J,7!i-J,M  I 
■j,B:i7,(il.i 

i,:iinuo  j 

1.6W,M 
1,137.,'ilSJ 
l.ii'«.HtJ 
Sfll'.iW} 
1,474,152 
I.i'OUMI 
■.',741,44M 
l,lil!l,7aj 
l,8.'i3,7»i| 

i,aii."''i1 


Number  of  bftrrt'ls  Inspectetl  as  above  given  are  fnjin  tlio  oflivlal  ntnrnsof  tlio  inspcctor-gcntnl 


:■  !ii.'ai;.i./:.?    i  ...  ^ 


led,  «J  t .— Coiiliiiut'd. 


0<1. 


«fi» 


:i:tHj 

178 

711 

im 


Total. 


75, 543 
W,45l 
86, 381  i 
2112,302} 
l"l>,5i;} 
2.'.l,«17i 
300,  riaj 
208,  il,i(l 
24?,  r>72 
:i:9  244i 
lilH,  120 

i:i:i,;uoi 

i:ir>,;ii!i3 

2ll,l)."ifi8 
214,312J 
l(iM,705j 
lll.OO'i 


Tnlal 

Vllllli. 


2M 
144 
241J 
2«!)i 
4lKi 
ti2.-.i 
I,  MOi 

■.\n 

3703 

4,2fiii 
4,«IKi 
1,2041 
l,78r.J 

9,  51(1} 
2, 127g 

428 
If.,  807J 
i3,  llOltj 

7t"J 


.iiMi,  JUi 

274,  ;tr.7i 

2r.8,7!«J 
2:11,  IWJ 
210,311 
IWJ,  O.'iCiJ 

234,2105 

318,.Vilj 

2r.!i,4i(ij 

ISl.UM 
lH.-),748i 
2.'iH,  37!li 

i  i;io,ofi'4 

225,  !M2l 
105',0!)7^ 
141,22(1  J 

i.-i:,,2;i7i! 
24;t.'J.''>t^J 

2:V!,  1734 

2r>8, 382 

i:v4,iio 

2Kl,7irtii 
215, 5T«J 


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r--  rt 

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CO  <0  1-  CI  CI 

f  ^  uo  o  h-  00  rj 


<;  'jc  ■«  «  X  t>  V.  <Tii  ■o  f«  .A  S5  S5  .->. « <* 


936 


A&fERlCAN    FISHKRY    INTKKKSTS. 


\i 


Tonnaijt'  of  vra»d»  of  the  United  Stairs  emiiloi/rd  in  the  uhale,  cod,  and  mackrrd  fink,,; . 

from  IHCO  to  IHtT.,  incluaivv.  "'      '"' 

[From  flguruM  couUlned  in  Uto  annoal  report  of  tbo  CommiMlonor  of  Navigation.) 


Yrar  oudiiiK  iTano  30 — 


IMO. 
1861. 
1802. 

itxa. 

ISM. 
1885* 
ia66> 
1887. 

1888. 

1880. 

1K70. 

IH71. 

1872., 

1873. 

1874  . 

1878.. 

1878.. 

1877.. 

1878. 

1«7U. 

1880.. 

1881.. 

1882.. 

1888. 

1884.. 

1885., 


Whale 
flalierlK*. 


Tons, 

180,841 

145,734 

117,714 

90, 238 

05, 145 

00, 510 

J0.\  170 

62.384 


,  Cod      iMarkwl 
flaherlM.  |  ttdiericg. 


71. 
711, 
87. 
01. 
fil, 
44. 

:iit, 
:w, 

30, 
40, 
80. 
40, 
8H. 
38. 
32, 

:i2, 

27. 
25, 


343 
202 
O.M 
400 
OUH 
7.V) 
108 
2211 
IIU 
r>U3 
7(M) 
U28 
408 

r,r,\ 

802 
414 
240 
184 


Totu. 

138,083 

187,  K40 

133,001 

117,200 

103.742 

eMH5 

61,  m2 

44, 607 


Ton*. 
2«,1U 
.M,  7K) 
N),  WW 
r>i.uiu 

41,  LW 
■Id,  .'.80 
:il,4U8 


Hn.  HK7 
02,  7(U 

01,  40(1 

02,  w>:> 

1)7,  .M.'i 

i(io,r>i!i 

7i<,  200 
Wl,  '.'(17 
K ,',  f«)2 
Itl.OK,') 

m.  .M7 
7u,  mr> 

77,  .l.'IS 

70,  m 
77,  wi:i 
u.\  ii;ts 

H2,  040 
82.  .ICS 


Tnlal, 


Tuiii. 

'a.m:, 
3:w,  r,:, 
3:11,1111 
207,  ,k; 
'.'.>I,M 
I'.Hi.Olll 

'.'n,Mi 

l.v,230 
1K,W 

i.um 

117,398 
11K,,W 
1:0,  Bid 
1:11,  Gill 
r.'«i,247 
ll'.l,i>i:i 
115,  Wli 
114,  CM 
U<',«i 
l'.'7,452 
Ilil.lh!) 
1U7,?« 


t'Tbo  tonnaKO  for  1805  anil  1888  in  partly  liy  now  mcaaaremoDt  and  ])nrtly  by  ulil. 
NoTR.— Tlio  iiinckiTt'llicniHi'ii  llav(^  nut  lioi'n  i«nn<'il  iioiinrat<<1y  aliiRo  1807.  wln'iia  gpiiprnl  (Isliini; 
llrwiM)  won  {tniviileil  loruiilwtu  rml  ami  iiiiickt^n-l  lUliniicH. 


1(2  mackeril  j 

iiJcrien, 

t  Navl|{»tion.) 

1 

Marki-rol 

Tiilal, 

iM. 

fliilierli'K. 

i».          Timi. 

Tom. 

WW      •jfi,  m 

H'.ii.f*:, 

K40      r>4,7itr> 

3:w,;i;;, 

mil         N),MM 

3;il,iiil 

'.>uu      r.i.oiu 

•Jin.m 

742        r.5,«U 

'51,  M 

1H5  1      41, '209 

l'.lti,910 

042        4(1, 58U 

'."AMI 

&U7  1      ni,4Ut) 

ri«,«ii 

H\  HH7 

l.M.IJ'l 

(lU,  7il» 

,    i;«,w 

OI.4tii) 

ir.ii,4u 

1V2,  Kliri 

iM,:tw 

it7,  m:> 

1W,1M 

lllU.M'.l 

U4,Kt 

7,8,  aiKl 

117,398 

m,  ati" 

1      11S„M6 

HV,  WI2 

1     r.'0,«lH 

ttLOSs 

1      1:11,6711 

K(i,  M7 

1     1'.'«,'217 

7B,  KHr. 

1H1,6U 

77,  .'•..■IS 

1     115,  W6 

7«,  m 

,    iu,6ia 

77,  W!:l 

'     lliiCW 

9.S,  (i:ii< 

127, 152 

H2,  »40 

llli.lr'J 

82,505 

107, 7W 

I  i)i»rUy  by  old 

117,  V 

rlicn  a  rpi 

lornl  fluliiiu 

Honse  Ex.  Doc.  No.  153,  Forty-ninth  Congress,  second  session. 
AMEIirCAN  FIS11EIUK8. 


M  E  S  S  A  G  ?: 


FROM  THR 


PRESIDENT  OF  TlIK  UNITED  STATES, 


TKANSMITTINU 


Report  from  the  Secretary  of  State,  with  accomjmnybuj  cnrrcupotnlcnee 
kUceen  the  QorernmvntH  of  the  United  Stales  and  (heat  Hritain  con- 
nrnUujthc  rights  of  A meri rati  fishermen  in  the  waters  of  British  North 
America ,  Hupplnneniary  to  corre»iiondence  already  coinnmnicated  to  Con- 
tjress,  December  8, 1886. 


FEniUAKY  H,  1H87. — Keferrrrt  <o  tlio  Conmiittcc  mi  Forcijjii  AlVairs  and  ordorod  to  bo 

printed. 


To  the  Home  of  KepreHvniatircs  of  the  United  States: 

1  tnin.smit  liorcwitli,  in  rt'spoiiae  to  ii  n'soliitiou  of  the  ITonse  of  Rep- 
resentatives of  the  2Uh  ultimo,  a  report  of  the  Seeretury  of  State,  witli 
acniiiii.anyinjj:  copies  of  correspoiideiu'O  between  tbo  (jovernments  of 
till' I'liited  States  and  (Ireat  Uritaiu  concernin).!:  the  riglits  of  Anier- 
bii  ii.shcnneii  in  tlio  waters  of  liritisli  North  Ainerie;',  8Ui>plenientary 
ti  the  correspondence  already  coniinunicrited  to  Cougi^sawith  my  nies- 
8af,'con)eceinber  8,  1880. 

OROVEB  CLEVELAND. 

ExEcuTTivE  Mansion, 

WttHhington,  February  8,  1887. 


1'oihc  President :     • 

llii'  uii(lersi<;ned,  Secretary  of  State,  lias  the  honor  to  transmit  to  the 

l'it^i(l(Mil,\vitii  a  view  to  their  beinjj  communicated  by  him  to  the  House 

iOtlU'iiroscntatives,  the  accompauyin;;  copies  of  correspondetico  which 

I     taken  i>lacb  since  December  8, 188(1,  and  up  to  tltis  date,  between 

itlii.sDcpartnu'nt  and  the  Government  of  Great  Britain,  on  the  subject 

I  rtfi'iml  to  in  the  annexed  copy  of  the  re.solution  of  the  I  louse  of  Kejjre- 

I  i|t'nti»tiv('s,  wltich  w.'is  adoi)ted  on  the  24th  nltinto  ami  refern'd  by  tlie 

1  it'sidnit  to  tliisDei)artment,  when!  it  was  received  on  the  20th  of  the 

[wnicnioiith. 

ni^lirior  correspondence  durinj;  the  year  1880,  on  the  subject  of  the 
15   ''^'^  American  lishenncn  in  the  waters  of  British  North  Ameri(!a, 
jti^twoen  the  representatives  of  the  two  Governments,  was  <'ommunicated 

I»37 


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IMAGE  EVALUATION 
TEST  TARGET  (MT-3) 


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2.0 


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Photographic 

Sciences 
Corporation 


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23  WEST  MAIN  STREET 

WE9STER,N.Y.  14580 

(716)  872-4S03 


5i? 


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m 


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J).")S 


AMERICAN   FLSIIEBIES. 


to  Confrreas  on  December  iS,  188G,  by  your  moaaago  of  that  date  and  is 
coufained  in  II.  li.  Executive  Document  No,  19,  of  the  present  session 
of  Congress. 
Respcctfullv  submitted. 

T.  F,  BAYARD. 
Department  op  State, 

Wa^ihiiigton,  February  8, 1887. 


/         [Forty-iiinth  CongrcflH,  second  scfwion.J 

(30ngresr?  op  the  united  states, 
In  the  House  of  Hepresentatiyes, 

January  24, 188;. 

Mr.  Belmont,  from  the  Committee  on  Foreign  Allaira,  submitted  tbe 
following,  Avhich  was  agreed  tc : 

L'esolvedy  That  the  J 'resident  bo  requested  to  transmit  to  the  Hoiw 
copies  of  such  correspondence,  up  to  the  i)resent  day,  between  this  Gov 
ernment  and  »he  Ihitish  Government  as  lie  may  decide  can  now  prop 
erly  bo  mnuc  jniblic,  in  regard  to  the  deprivation  inflicted  in  Canadian 
ports  on  American  fishing  vessels,  having  the  right  to  ton  'h  and  trade, 
of  the  liberty  heretofore  enjoyed  by  such  vessels  to  enter  Canadian  ports 
open  to  foreign  vessels  ami  buy  and  8(dl  and  to  transmit  merdiandise 
therein,  and  which  is  permitted  in  such  ports  to  Americi'n  trading  ves- 
sels and  to  vesseL  of  all  other  nationalities. 


Attest : 


JNO.  IJ.  Cl.AliK,  Jn., 

Vkrl 


LIST  OF  INCLOSURES. 

I.— ConilESPONDENCE    BETWEEN    THE    DEPAKTMEttT    OF    STATK   AND   TUK   liR'.TlSlI 

Legation  iu  WAsniNtiToN. 

I.  Mr.  Havard  to  SirL.  West,  December  11,  1880. 

y.  8ir  L.  West  to  Mr.  H&yanl,  December  24,  IS8(i. 

:».  Sir  L.  West  to  Mr.  Havard,  January  6,  1H87  (wiMi  inclosnrc.O. 

4.  Sir  L.  West  to  Mr.  IJavard,  January  l'.>,  1887  (with  inclosiir.-s). 

r..  >ir.  Hayard  to  Sir  L.  W«wt,  January  '27,  1887  (witli  iiidomucH). 

<i.  Sir  L.  West  to  Mr.  IJayard,  January  28,  1887. 

7.  Sir  L.  West  to  Mr.  Itayard,  January  28,  1887  (with  iiiclosiiros). 

8.  Sir  L.  West  to  Mr.  Havard,  January  2*!,  l'«87  (with  an  indiwiir.'). 


IL 


OIUIESI'ONUKNCK 


UKTWKKN    TIIK    DKPAUTMKNT    OF    STATR  AN1>  TIIK  UNITKB] 
HrATKS   LK«iATION    IN    LONDON. 


't.  Mr.  Huyard  to  Mr 
1(».  Mr  IMu'dpH  to  Mr. 

11.  Mr.  Ha;ard  to  Mr. 

12.  Mr.  H«.vard  to  Mr. 
1:{.  Mr.  Hayard  to  Mr. 
14.  Mr.  IJavard  to  Mr. 
1.'..  Mr.  IMiI'IpH  to  Mr. 
ICi.  Mr.  Havard  to  Mr 

17.  Mr.Plirli.Mt<.  Mr. 

18,  Mr.  liuyui-d  to  Mr. 


.  I'heliiM  (No.  4r>8),  Novembers,  lH8ti. 

Havard  (No.  :m),  l)«oember  3,  188(1  (with  luclosures, 

I'llelps  (No.  m\),  December  7,  im). 

PhelnH  (No.  470),  December  8,  \m).  .  . 

I'helpH  (No.  472),  December  8, 1880  (wUli  an  inclomiro).^ 

riielps  (No.  474),  December  13, 188(i.  . 

Havar.1  (No.41(.),  January  l:?,  1887  (wdl.an  .ndosiirn 

Phelps  (No.  520),  January  27,  l^-J. 
Havanl  (N<..  423).  January  27, 1887  (w.t  .  i""'  — '• 

PUelpH  (No..V^8),  February  1,  1887  (with  md<).sur.). 


III.— MlHCKI.LANrOIJS. 

19.  Mr,  IlotfbkiHH  to  Mr.  Porl4,r  (No,  9f.),  January  3, 1887  (with  an  incl.«nrc).| 


AMKRTCAN    FISHERIES. 


939 


F,  BAYARD. 


I -CORRESPONDENCE  BETWEEN   THE   DEPABTMENT   OF    STATE 
AND  THE  BRITISH  LEGATION  IK  WASHINGTON. 

No.  1. 

Mr.  Jlaynrd  to  Sir  L.  West. 

Department  oy  State, 

Wnnhhifjinn,  Ikccmhcr  11,  18S6. 
Sir:  I  have  the  honor  to  ackiiowUMlso  .vt>iir  note  of  tho  7tu  iustaiit, 
with  which  yon  communicate,  by  the  direction  of  the  liail  of  Iddeslcigh, 
a  copy  of  the  report  of  a  committee  of  the  privy  council  of  Canada, 
approved  October  20  last,  wherein  the  regret  of  tlie  Cui.adiau  Govern- 
ment is  expressed  for  the  action  of  Captain  Quigley,  of  the  Canadian 
Goveruineut  cruiser  Terror,  in  h)weriijg  the  Ihig  of  the  United  States 
tisliiug  S(;lu)oner  Marion  Grimes  whilst  under  detention  by  the  customs 
iintliorities,  in  the  harbor  of  Shelburne,  Nova  Scotia,  on  October  11  last. 
Deforc  receiving  this  communication  I  had  iustructed  the  United 
States  minister  at  London  to  make  re])resentation  of  this  regrettable 
(lecuircnw-  to  Her  ftlajesty's  minister  tor  foreign  all'airs,  and  desire 
now  to  express  my  satisfaction  at  the  voluntary  action  of  the  Canadian 
autlioritics,  which,  it  seems,  was  taken  in  October  last,  but  of  which  I 
liadiio  iutiraation  until  youi  no^e  of  the  7th  instant  was  received. 
I  have,  «&o.,     . 

T.  F.  IJAYARD. 


'11'! 
■II  t 

M:.  i 


n  v 


li  i>5 


TATK   AXl)   TllK  BRITISH 


No.  2. 
Sir  L.  West  to  Mr.  Bayard. 

Wabhington,  Dcccmher  24,  1880.    (Received  December  27.) 

Sir  :  With  reference  to  your  note  of  the  11th  ultimo,  1  have  the  honor 
toinl'orm  you  that  I  ym  requested  by  the  Earl  of  Iddesleigh  to  acouaint 
you  that  Uer  Majesty's  Government  have  desired  the  Canadian  Govern- 
ment to  furnish  them  with  a  report  on  the  circumstances  attending  the 
alleged  inhospitable  treatment  of  United  States  lishlng  schooners  Laura 
Sayward  and  Jennie  Seaver-s  by  the  Canadian  authorities. 
I  have,  &c., 

r  L.  S.  SACKVILLK  WEST. 


:hh 


t  JT 


I     :    ill 


5iT.vrKANl.riIKi:XITF."j 


.   ;>  ■         'V;-  ::   .  No.  3. 

Sir  L.  'Wtut  to  Mr.  Bajinrd. 

Washtngton,  January  0,  18S7.    (Received  January  7.) 

Sir:  With  reference  to  your  letters  of  the  IDth  and  20th  October,  I 

liiiviMhe  honor  to  transmit  to  you  herewith  repoUs  fion;  the  Govem- 

[  nioiit  of  Canada  relative  to  the  cases  ol"  the  United  States  lishing  vessels 

[I'earl  Nelson  and  Everett  Steele,  which  1  have  been  instructed  b>  the 

[Karl  of  Iddesleig'a  to  communicate  lO  the  United  States  Government. 

I  have,  c^c., 

L.  8.  SACKVILLE  WEST. 


940 


AMERICAN    FISHERIES. 


[IiicloHiiro  Kn.  1  in  iio(«  of  January  C] 
The  MarquiH  of  Lansdownv  lo  Mr.  Slanhope. 

(ioVKUNMKNr  HOUSK,  OTTAWA,  .Vornil/w 29,  18>Htl. 
Sik:  I  hiivc  llio  lionor  to  IraiiHiiiif  licrewilli  a  copy  of  un  apiinivtd  niiniiloofthe 
privy  oounril  i)f  (\,n;ula,  I'liriimliin^'  llic  ivpo't  ;v8ktMl  for  in  your  tclci^iaiplkicint'ssairc 
of  t ln> (illi  Kovciiibor,  with  i('ft>r»Mu;»>  to  the d«'tt'iition of  tlio  Ainoriejiii sT'liddnir Kverett 
StcoU",  at  Slicihunio,  Nova  Scotm,  for  an  itifra(;tit>n  of  flic,  cuHtoni.s  r('i,Milatioiisofthe 
Dominion. 

1  havi',  &i'.,  LANSDOWNE. 


[IncloMiiro  No.  2  in  note  of  January  fl.l 

Report  of  a  commiitre  of  the  honorable  the  privy  council  for  Canada,  appotni  hjJiii 
excellenqi  the  gorernor-getitral,  in  connctlon  theMh  Noremher,  lSi!(i. 

Tin'  conunittoftoftlio  privy  founfil  arc  in  rt'coiid;  <»f  a  tclcfjrani  from  thp  liirhtlion. 
orablo  the  Bt'crctary  of  state  for  tho  colonics,  in  th^^  words: 

"  I'lijled  States  Govcrninet\t  protest  ajjainst  procc««<linKH  of  Canadian  .uithorities 
in  the  ea.se  of  '  Pearl  Nelson  '  and  '  Everett  Steele,'  said  to  have  put  into  Ancliat  and 
Siu'lbnrne,  respectively,  for  jinrp</sert sanctioned  by  eonvenlion.  rarticularsliypust, 
Send  rei)ort  8<M)n  as  poNsible." 

The  niininter  of  marine  ami  llsheries,  to  whom  tho  telegram  was  referred,  submit! 
that  the  sehooner  Everett  Steele  appears  from  tho  report  of  the  collector nl' enstoms  I 
at  Shelhnrno  to  have  been  at  that  port  on  tho  2.^)th  March  last,  and  sailed  witlioat  | 
reporting.     On  her  return  to  Shelimrne  in  September  she  was  detained  by  tliecollec- 
t(-r  of  customs  for  an  infraction  of  the  cuHtoms  law. 

The  captain  h.'iving  assured  the  collector  that  he  had  been  misled  by  the tiepiity  j 
liarbor-niaster,  who  informed  him  his  vessel  could  remain  in  port  lor  twenty-fourhoiirej 
without  entering,  and  that  ho  had  no  intention  of  violating  the  custoniH  rpunlatinnii, 
this  statement  was  repoi-icd  to  tho  minister  of  cnstonis  at  Ottawa,  wlicn  tliovesi  ' 
was  at  once  allowed  t:>  vroceed  to  sea,  and  that  no  evidence  is  given  of  any  disin'or] 
intention  of  denying  to  tho  captain  of  tho  Everett  Steele  any  treaty  privileges  liiMvas  j 
entitled  to  eiijoy. 

The  committee,  concurring  in  the  above,  rrspoctfully  recommend  that  your  excel- 
lency  be  moved  to  transmit  a  cojty  of  this  minute,  if  approved,  to  the  ri^'ht  iKmnrable  I 
the  si'cretary  of  state  for  tln^  colonies. 

All  of  which  is  respectfully  submitted  for  your  cxcelleiiev's  ai)proval. 

.JOHN  .1.  MdIKE, 
■  Ckrk  I'nnjComcil 


[Inc.lo8nrc  No.  3  in  note  of  January  6.1 

Tltc  Marquis  of  Lansdowne  to  Mr.  Stanhope. 

GoVKliNMKNT  HousK,  OTTAWA,  Kovemha-'i^,l^^' 
Sir:  With  refenmce  to  vour  telegrajdiic  mcssago  of  the  Citli  instant,  askiiifitoboj 
furnished  witli  a  report  in  tlteeaw  of  the  "I'earl  Nelson  "and  "Everett  Steele,  Jmvcj 
tho  honor  to  transmit  herewith  a  copy  of  an  approved  miinitoof  tlieprivy  coniicilo. 
(!anaila,  embodying  a  rejtort  of  my  minister  of  marine  and  fisheries,  to  wmiins ap- 
iteiided  a  «opv  of  the  corresj)ondenee  which  has  pa.H.sed  lietween  Mie  (■oiinnissimRrii  1 
customs  f..r('anada  an<l  tlio  United  States  consul-general  at  Halifax  rclatiiistoliuii 
case  of  the  American  schoimcr  "  I'earl  Nelson." 


!  have,  &e,., 


LANSDOWM' 


•-    -    >.'  [Inrlosure  No.  4  in  notonf  January  O.j 

Rejm-t  of  a  committee  of  the  honorahle  the  jtririf  mnnvil  for  t'anuda,  <'Pl>''"''f'!  '"■'  '"*  "^^'i 
lency  the  gorernor-general  in  cotinetl,  on  the  18/fe  Noremher,  1n<<i- 

The  committee  of  the  privy  council  are  in  receipt  of  a  telegram  from  the  right  mn- 
orahlc  «''e  necrelary  of  state  for  the  colonies,  in  the  words:  ,ti,(iritiosin| 

"United  States (iovernnuMit  protest  against  proceedings  •'»'<•■''''''''".'';'"',,,,, isi,ei.l 
COM)  of '  Pearl  Nelson'  uud  '  Everett  Steele,'  said  to  have  put  nilo  Aruiiai  | 


AMERICAN   FISIIEEIES. 


941 


wpe. 

AWA,.V(>rem?w  29, 188(1, 
n  approvHl  minute  of  the 
your  ti'lfi,'rai)lvir:iiii\sgajre 
iinoriciiiiscliiiiim'rKverptt 
;;nHtoiiisn'};iilatimmoftbe 

LAiNSDOWNE. 


r  Canada,  appmed  hij  iii 
i  Novemher,  188(!. 

(><;;riiiii  from  tlip  light  hon- 

[H  of  Ciuiadian  iuitiioritieii 
uivo  put  into  Ancbat  and 
tion .    I'art  icular.s  liy  post, 

ram  waH  referred,  submits 
)t  tbo  collector  of  customs 
;h  liw<t,  and  sailed  without 
^as  detained  by  the  collec- 

liccn  misled  Ity  the  deputy  i 
port  for  twenty-four bonre 
It  tho  (MistoniH  rei'uiiitions, 


when  thevos.sel  i 
(( IS  fjiven  of  any  dcsin"  or  j 


t  Ottawa, 


ny  treaty  privileges  he  was  j 

commend  that  your  excel- 
^-ed,  to  the  ri},'ht  honorablo  | 

y's  ajiproval. 
>HN  J.  McdKE, 

Chrk  I'rivij  Coiml 


1 
iihope. 

rAWA,  Kortmhei'i^,  1886. 
oC.th  instant,  asking  to  be  j 
Ml '-Everett Steele," Juavoj 

luteof  flic  privy  <■<)"»"'»' 
d  lisl'erle.s,  towli'i'lii'"'!'-, 
"IwecM  the  eonunissionerolj 
I  at  Halifax  relating  to  thoj 


jiiirne,  respectively,  for  purposes  bauctioued  by  convention.  ParticiilurH  hy  post.  Send 
report  Boon  as  poMsiblo." 

The  mipistcr  of  marine  and  iisheiioH,  to  wliom  tiio  telegram  was  referred,  submits  n 
copy  of  a  letter  addressed  by  tho  coinmLssioner  of  custonw  for  Canada  to  the  consiil- 
wni'ial  of  the  United  States  at  Halifax,  and  alsoacopy  of  Mr.  Phelan's  reply  thereto, 

Tlie  minister  submits  that  it  is  clear,  from  Cajitain  Kempt's  affidavit,  that  ho  was 
i;iiiltvofan  infraction  <»f  the  customs  rej^ulatiouH  in  allowing  men  to  land  from  his 
vossel  liefore  she  had  been  rejiorted,  and  tho  minister  of  customs  having  favorably 
considered  Captain  Kempt's  representations  as  to  his  ignoranco  of  tho  customs  regu- 
lations re(|niriiig  that  vessels  should  be  rei)orted  beforo  lauding  either  men  or  cargo 
tliiiefiom  has  remitted  tho  lino  of  ifi'JOU  which  had  been  imposed  in  tho  case  of  tho 
Aimiioan  schooner  "rearl  Nelson." 

1  he  nunister  further  submits  that  it  would  apjiear  from  tho  collector  of  customs' 
report  that  his  remark  that  "  he  would  seize  llui  vessel"  had  reference  solely  to  her 
violation  of  the  custom^  law,  and  that  no  evide?ice  is  given  of  any  desire  or  intention 
of  denying  to  the  captain  of  the  "  Pearl  Nelson"  any  treaty  privileges  he  was  entitled 
to  enjoy. 

T!ie  committee,  concurring  in  thix  above,  respectfully  recommend  that  your  excel- 
lency he  moved  to  transmit  acopy  of  this  minute,  if  approved,  to  the  right  honorable 
the  secretary  of  state  for  the  colonies. 

All  which  is  respectfully  submitted  for  your  excellency's  ajtproval. 

.JOHN  J.  McCiEK, 
Clerk  Vrlvy  Council,  Canada. 


(IncioHuro  No.  5  in  note  of  Jerniary  0.  ( 

-:        Mr.  rarmilco  to  ,)fr.  Phclaii. 

Ottawa,  (ktohcr  22,  ISHfi. 

Sir:  I  have  tho  honor  to  nek  wledgo  the  reccii)t  of  your  letter  of  tlio  llth  in- 
i  stant,  re  seizure  of  the  American  schooner  "Pearl  Nelson  "for  an  infraction  of  tho 
I  customs  laws,  A^c, 

Tho  commissioner  of  customs'  report  in  connection  with  this  m.atter,  which  has  been 
i  approved  hy  the  miuister  of  customs,  roads  as  follows  : 

"Tho  undersigned,  having  examined  this  case,  has  come  to  the  conclusion  that  tho 
captain  of  the  vessel  did  violate  tho  provisions  of  sections  25  and  ISO  of  '  tho  cus- 
toms act,  1883,'  by  landing  a  number  of  his  crew  before  going  to  tho  custom-houso  to 
j  report;  that  his  plea  of  having  come  into  ]>ort  solely  from  stress  of  weather  is  incon- 
sistent with  the  circumstances,  and  is  denied  by  the  collector  of  customs,  who  rejiorfs 
that 'tbo  night  was  one  of  the  finest  and  most  moderate  experienced  there  this  sum- 
mer,'and  that '  his  crew  were  landed  only  in  the  morning.'    That  oven  if  tho  '  stress 
of  weather'  plea  was  sustained  by  facts  it  would  not  exempt  him  from  tho  legal  re- 
I  quirement  of  reporting  l.i«3  vessel  before  •  breaking  bulk'  or  landing  his  crew,  and  it 
[iscvident  that  there  was  nothing  to  hinder  liis  reporting,  .is  tho  crew  ai)pear  to  h.-ive 
bail  no  dillicnlty  in  handling  the  vessel's  boats;  that  it  was  very  easy  for  the  crew  or 
I  any  of  them  to  have  taken  valuable  contraband  goods  ashore  on  their  persons  in  the 
I  absence  of  any  customs  officer  at  the  landing-place.     Inasmucli,  however,  as  there  is 
j  no  charge  of  actual  smuggling  preferred  against  tlio  vessel,  tho  undersigned  respect- 
fully recommends  that  the  deposit  of  $^00  bo  refunded,  deducting  therefrom  any  ex- 
[peuses  incurred. 

"J.  JOHNSON." 

I  trust  tho  above  n>oy  bo  considered  a  satisfactory  answer  to  your  letter  referred  to. 
I  have,  &c., 

W.  G.  PARMELEE, 
AsHiatant  Commissioner. 


LANSnOWNl" 


anada,oppmr(lh!iMseTcA-^ 
Xovemhcr,  H^)- 
depram  from  the  right  i'on-| 

^,f(<a..adim.anlh(.ritiosi. 
putinl..  Arichatandhbel) 


f  lucluBore  No.  Ciu  note  of  January  G.j 
vtv  Mr,  Phdan  to  Mr.  Varmdec. 

Halifax,  AWcJ«6cr  2,  18«(). 

tw^'V'  ''"^*^  "'*'  honor  to  acknowledge  the  receipt  of  your  comnninieation  of  the 
|«dnltinio,  concerning  the  action  of  tho  custorasdepartment  of  Canada  in  the  case  of 
I'boAmeriian  Nchoon«'r  "  Pearl  Nelson,"  and  to  nay  1  was  much  pleased  at  the  decision 
Ijmved  at  in  that  case.  1  have  inibrmed  the  (Jov-rnment  of  the  United  States  that 
ittefauoin  (he  case  referred  to  was  ordered  to  be  refunded. 


!)42 


AMERICAN    riSlIEUUOa. 


I  liuvo  Jilso  to  8iiy  tJ)iil.  tlio  l)opi»rtim>nt  of  .Stut«\  in  iiokiniwItMlifiiiir  ,i„,  ,.,     ■ 
a  (liHpntcli  from  mo  Hotting  forth  that,  you  hiul  plucod  ull  Iho  jiaiMiM  ni  tlui  cJ. 
tlio  AiiR-rirau  boIiooiuth  "(^rittoudoii"  and  "  llolbn)ok"'  in  my  IiuihIh  tor  inTiisii  hj"] 
"Thoiittoiitioii  of  Mr.  Parmcleo  iii  roforriiijj  tlio  niattor  to  you  in  ainlnriiti'd  "  . 
bImwh  a  proptT  Hpirit,"  '         " 

I  triiNt  tlu)  (l«i>artimMit  of  customH  will  pivss  on  tlio  other  cases  as  noon  as  iMisml.l 
I  have,  Ac.  '       "'• 

M.  II.  PHELAN, 

t'onaul-llenml. 


No.  4. 

iSit  L.  WcHt  to  Mr.  Bayard. 

Uritisii  Lkgation, 
WafiltiiKjton,  January  19,  18.S7.     (HeceivedJiuiuary  21.) 
Siii :  With  rofrriMico  t«)..V(>nr  note  of  the  li.'M  of  Soptoinbor  last,  1  Imvc 
the  honor  to  iiich).sc  to  you  herewith  ;i  copy  of  a  dispat(^h  IVom  tiiegov- 
eniorjje'U'ral  of  Ciiiiadii  to  Her  Majesty's  .secretary  of  .state  for  the 
('oh)!iies,  iiichhsin;;  a  report  from  his  (Joverumeut  ou  tiie  case  of  ibe 
United  States  fishiiij;  vcs-sel  Crittenden. 
1  have,  »S:e., 

L.  S.  SACKVILLE  WEST. 


I  IncluHuro  Ko.  1  in  uoto  of  Janiiary  10,1 

Lord  Lnnndoxcnv,  to  Mr.  Stanhope, 

Canada,  Govkrnment  Hoi  sk, 

Ottawa,  Dccmheri,  1^1. 
iSiu:  In  n'ply  to  yourili8i)at(h  of  tlio  llitli  of  October  lust,  traiisinittiiif^acnpyofs 
lotter  with  its  iiiilosiiro  from  tlm  fonifiii  ortlco,  rt'ciuestiii};  to  ho  furnished  with  a  n- 
l)ort  ill  tlio  timo  of  tlio  lIiitio«l  Stated  flHhiiijj  veswd  "  Crittondoii,"!  havo  tlio  honor  to  for- 
ward herewith  acopy  of  .•inajipnived  miiiuto  of  the  jtrivy  council  of  Canmla  embwly- 
in^r  a  report  of  my  minister  of  niarino  and  lisherioH,  to  which  is  appoiuled  astatcnient 
of  the  eiiHtoniH  olliccr  at  Steep  Creek  on  the  subject. 
1  have,  &c., 

LANSUOWNE. 


[Inclosuro  No.  2  in  note  of  January  10.1 

Certified  copii  of  a  report  of  a  committee  of  the  honorable  the  privif  eouncil,  approved  hij  hit  \ 
exeelleiivy  the  governor-fjeneral  in  council,  on  the  IGth  November,  It&i, 

Tho  committee  of  t  he  jiri  vy  coiinci)  have  had  under  conHidorat ion,  a  diHpatcli,  dated 
lL':'i  October,  IrHti,  from  the  Hccretary  of  Htato  for  tho  colonies,  traimmittiiisacoiiyj 
id'  a  letter  from  Mr.  Hayanl,  lliiit»'d  Siat«'H  Secretary  of  State,  to  tho  British  ni'iistjerj 
at  \Vu«hiiiKl4>ii.  ealliiiK  attention  to  an  alleged  denial  of  thoriglit8},niftranlmlliyt|iol 
(nmv*  iitioii  of  IHIH  in  the  case  of  the  American  ilshing  schooner  '•Crittenden  ItjtMl 
ciistoiiirt  ollicer  at  Steeji  ('reek,  in  tho  Straits  of  Canso,  Nova  Scotia.  j 

Tho  minister  of  marine  and  tisheries,  to  whom  tho  dispatch  jvnd  inclosuro  werorcj 
ferred,  Kubmits  a  statement  of  tho  customs  otTicer  at  Steep  Creek,  and  observes  that  tu^ 
captain  (d'tho"  Crittenden  "violated  the  customs  laws  by  ueglectiiiK  to  enter  his  ve&HPiJ 

as  retiiiestcd  by  t  he  custonis  officer,  and  in  lauding  and  shipping  a  man  clearly  exceeaeoi 
anv  treat  V  provision  he  was  entitled  to  avail  himself  of.  .  ^ 

it  would  appear  that  the  remark  made  by  tho  custonis  officer  "  that  ho  w""'"?"^! 
tho  vessel"  had  refereiico  solely  to  the  captain's  violation  of  the  custonis  n^Kmaf'''"'^ 
and,  the  minister  submits,  cannot  bo  construed  into  a  «leaial  of  any  treaty  priviiefe  ^ 
the  master  wa««  entitled  to  enjoy. 


AMKUICAN    FISHEKIES. 


uim  iV8  noon  iw  possihle 


3KVILLE  WEST. 


043 


'[Up  ((iniiiii'too,  concnrriiiK  in  t'lo  above,  rcHpectfiilly  rocominciidiKl  lliat  .your  ox- 
ct'llc'iicj' '»» inovtMl  to  infonii  t"m  rij^lit,  IkiiidimUIci  tho  Nocntary  of  Htato  for  tlio  colo- 
nics in  tlic  HCiiao  of  tlio  roi»ort  of  tJio  iniiiiMfcr  of  niarino  and  fiMliorics. 
All  which  iH  rosiioct fully  liubniittod  for  your  oxcelluucy'a  ai»i»roval. 

JOHN  J.  McUEK, 

Clerk  I'livn  Council. 


IncloHUro  No.  3  in  iioto  of  Jnimary  10. | 

Stkki-  Ci:i;kk.  Xovcmhcr  I,  lH8(i. 
Slit:  Voiirs  of  Mio  ^Hth  of  O(;tol>cr  canio  to  liaiul  to-»lay,  and,  in  roply,  can  8tato  to 
yiMi  lliiit  ]':>''''  ot" llic  iivw  of  Mio  Hcliooiicr  "('rittendon"  canio on  shorn  at  Stcop Creek 
and  liiiKli'il  their  barrels  and  filled  tliem  with  water.  I  went  din^ct  to  the  men  win) 
ffCK!  lilliii.n'  the  barrels,  and  told  tin  in  lo  come  and  enter  Imfore  takin;;  wood  ami 
wiitrr,  Tiny  said  they  would  not  (m  ter  or  nnike  any  rejiort.  I  told  them  that  I  would 
scizdtlieHchooner  '('rittenden"  for  viola  tin;;  tlKunstoniH  laws.  They  said  they  would 
risk  that,  118  the  schooner  was  nowout  of  the  way  about  'A  miles  from  niy  station  down 
ihc  straits,  and  it  was  iniiiossil)li^  for  me  to  board  the  vessel.  They' ulso  landed  a 
man  the  same  day  with  his  ell'eetH,  and  on  their  return  from  CJloucestcr  to  the  bay 
St.  LawrencMi  they  shipned  a  num.  Was  looking;  out  for  the  vessel,  but  could  not 
lalih  her.  I  reported  tlu»  case  to  tho  collector  of  customs  at  I'ort  llawkesbury,  ami 
1)11  the  Hchooner  "Crittenden's"  return  frfun  the  Hay  St.  Lawrence  she  was  seized, 
and  C'l'Ilector  JJourinot  ^ot  the  aflidavits  of  the  captain  of  the  said  schooner  and  also 
lit'  ROiiu!  of  the  cow,  which  he  stated  to  the  department.  I  wivs  in  the  ollice  at  the 
timo  when  (Collector  I5ourinot  received  a  t(de;;rani  from  the  department  to  release  the 
Mbooner  ''Crittenden'"  on  the  deposit  of  $H)0. 
I  remain,  &c., 

JAMES  H.  CAKll, 

I'ro  Colliiclor. 


No.  5. 


(  !. 


Mr.  Ilaynrd  to  Sir  L,  Wvst. 

Depaktment  of  State, 

Washhifiton,  t/anuari/  27,  1SS7. 

Sill:  I  liiive  tho  lioiiorto  inclos*;  a  copy  of  Jii»  attidiivit  of  tho  c.iiitiiiii 
and  two  lueiiibers  of  tho  crew  ofth(>  stjhooiier  "  Sanih  II.  Prior,"  of  Bos- 
ton, .stutiiij?  the  refiisiil  of  the  (Mptaiii  of  the  Caiiadian  reveime  cutter 
"Clitic"  to  i)ern)it  tlie  restoration  to  the  former  vetisel,  in  the  port  of  J\Ial- 
puqiio,  Prince  Edward's  Island  of  her  I.irjie  seine,  which  she  had  lost  at 
sea,  and  whicli  had  been  found  by  the  captjiin  of  ;i  Canadian  vessel,  who 
ollcred  to  return  the  seine  to  the  Prior,  but  wjis  prevented  from  doiiiff 
SI)  by  the.  captain  of  the  "Critic." 

This  act  of  ])revention,  the  reason  for  which  is  not  disclo.sed,  practi- 
Ciilly  disabled  the  Prior,  and  she  was  compelled  to  return  home  without 
liaviiifr  c()iiii)leted  her  voyage,  and  in  debt. 

i  liavo  the  honor  to  ask  that  Her  Majesty's  Government  cause  inves- 
tit;atio!iof  this  ease  to  be  made. 
1  have,  &c., 

T.  F.  LAYAPvD. 


:e?j!! 


ilticlonaro  No.  1  in  note  of  Januarj- 27.1 

Mr.  Prior  to  Mr.  Bayard.  -       l  ■  .  .. 

Boston,  Decanhcr  28,  188(i. 
Di'AU  Silt :  I  wrot(»  to  Senator  VV.  P.  Frye,  settiiiR  forth  in  my  letter  tho  facts  con 
'jintd  in  the  allidavit  inclosed.    IIo  wrote  me  to  liavt)  it  sworn  to  and  to  send  it  to 
JOB,  which  I  have  done.    Will  you  please  lot  nie  know  what  courae  is  best  to  pursue 


944 


AMERICAN    FISHKUIES. 


ill  n-Kiinl  to  i(,  wlu«tli«'.i- 1(»  outer  nolulm  or  iiotf     1  think  it  is  a  cltur,  Hlioi'irinse  uni 
the  claim  wutilil  1>(«  a  j  nut  oiu>,  and  will  b«  pluusud  to  rocoi  vo  your  ml  vice  in  tho  muter 
Your.M,  very  truly,  ' 


lloii.  TiiUiD.  F.  lUYAitn, 

ticcrcltiry  of  Stale. 


!'•  H.  I'lUOU. 


lIiirliiHum  No,  'J  ill  uoto  of  Juiiuury  27.  | 
AJfitliiril  of  tlii:  ciipldiii  atid  crew  of  the  schooner  "  iSarali  //.  I'rinr." 

On  tliirt'.'HIli  <lay  of  Docomlur,  A.  D.  18H(!,  porHonally  apitonnd  lidorc  iiii'Caiiliiin 
ThouiaK  McLaunliliu,  uiasttT,  ;iiul  (icur^io  V.  Little  and  Cliurlcs  l'"iiiiii';iaii,  twdipftli,. 
rn«\v,  oflhe  schooner  "  Small  11.  Trior,"  of  Itimton,  and  beinj;  huly  Hwoni,  NigiifiiaiKl 
uiadi^  oath  to  the  t'ollowin^  statement  of  I'aetH: 

On  Se|iteinlier  1(1,  IKS*;,  the  Nehe.oner  "  ,S:iriih  H.  IMior,"  while  riiiinin<,' r(ii'Miil|n(|iii., 
I'rinee  Kiiwiird  Island,  and  al>out  seven  miles  from  fliiit  ])oit,  hmt  Ik  r  liii"(' Bijnc, 
I'onr  diiys  aflerwaiils  tlie  KeliooMt>r  ".lohn  In^alls,"  «if  Halifax,  N.  S.,  CiiptaJM  W(il|i\ 
came  into  Malpei|ue  and  had  the  seine  on  hoard,  whieli  she  had  picked  np at Wii, 
Captain  Wolfe  ••lleied  to  deliver  the  seine  to  Ciiptain  MeLan^hlin  in  (•(iiisiiltialiniKif 
twenty-live  dollars,  Avhieli  otfer  the  latter  ueeeptiMl  and  i>ai(l  him  the  iikmu'v.  IV 
I'aiiadian  revenue  enlter  "Critie,"  Cuptdin  MeJiearii,  was  lyiii^  at,  Malpccinc  at  tin 
tinn',  and  Captain  MeLan<j;hlii;  went  to  seo  him,  to  iiseertain  if  then*  wmilil  l)(>anv 
trouble  in  deliveriiifi  the  Heine.  Captain  MeLearn  wouhl  not  allow  thociiptainol'lbi' 
"John  Injialls"  to  ^ivo  up  the  wine,  so  the  latter  returned  the  twenty-tivo  dollars  lo 
Captain  McLanf^hlin. 

The  HthooiuT  "  Sarah  11.  Prior"  had  fwo  seiues,  one  lar^e  and  one  small  si/c.  It  was 
the  inr;ie  one  which  she  lost  and  the  Hchotiuer  ".lolin  lunulls"  picked  up.  SImliailld 
leave  Malpequo  without  it,  aud  couwtiiioutly  caiuo  homo  with  a  hrokcu  voyage aud 
in  debt. 

TllOS.  McLAl(!lILlX, 
tiEOKGE  V.  Limi:. 
CllAKLES  FINN^GAN. 

HosTON,  Deccmkr  '28,  l^. 
rersonally  apjieared  before  ino  Thoinas  M(Lari>:;hlin,  (ieor<;e  1'.  Little,  and  Clmrit's 
P'inue^an,  who  .signed  and  made  oath  that  the  fou';;oiii){  staruinciit  was  true. 
[UKAL.]  01IA1JLE8  W.  IIALLSTHAIN, 

yotarn  riiblic. 


No.  0. 

Sir  L.  ^V^'Ht  to  Mr.  linj/ard. 

Washington,  January  28,  1887.    (liecoivod  January i-'D.) 
Sir:  I  hiivo  the  honor  to  acknowlcdffe  tl.e  lewipfc  of  your  note  of 
.vesterday'H  date,  and  to  inform  you  that  1  have  .siibniitted  tlio  cu.se  ol 
the  American  schooner  "Sarah  II.  Trior"  to  Her  Majesty's Goverument 
for  investigation,  as  requested  by  you. 
I  have,  &c., 

•  L.  S.  SACKVILLE  WEST. 


-i. 


.  ,       ;-vV,    '  Ko.  7. 

^    '    "    '''7.T-'":':  Sir  L.  West  to  Mr.  Bayard. 

Wahiiington,  Jant^ari/ 28,  1887.    (Keceived  January  :i!).) 
Sill:  With  reference  to  your  note  <.f  the  20th  of  May  last,  Ilwve  tliej 
honor  to  transmit  to  you  herewith  copy  of  a  report  by  tlic  niimsrer  oi ' 
justice  of  the  Dominion  of  Canada  upon  tiio  seizure  of  tUo  Ainenw^Uj 


AMKUICAN    riSHEKIKS. 


1)4.^ 


'i  //.  /Vior." 


liHliiii^'  vi'.ssd  "  David  .1.  Adams,"  which  I  am  instructed  hy  Jler  Maj- 
esty's priiuMpal  He(!rctary  ot'Htat«^  for  Ibroiy;!!  allairs  to  commuuicato  to 
the  United  ytaies  Govenunent. 


1  have,  &c.f 


L.  S.  SACKVILLE  WEST. 


I  tui'luHiiroH  ill  iiuto  ot°  Jitniiury  'JV.| 

Counwr-dincral  Ihv  viosl  hoiiorahlrlhr  Afariiitis  of  I,atindiiwiiv,  K.  ('.  M.  <!.,  lo  llic  ritjhl 
honorable  Eduurd  iStanhupc,  M.  J'. 

OoVIcnNMENT  Ui)VHK,  OriAWA, 
November  i),  188(>.  (lii'ct!i  veil  November  522.) 
Sili:  With  relcrencc  to  Kiiil  (irntiville'H  iliHpiitch  of  the  2Jtli  .Inno  last,  reHjieetinj^ 
tlielishfiifs  iiiu'Htidii  and  inclosing  copioH  of  two  lolttTH  from  tlui  foit-ifrn  ollice  anil 
oiwfioiii  tin*  Hniti'd  Staffs  minister  in  London,  addrcNKcd  to  tint  HiuTi'tary  of  Htiito 
loirorcinii  atl'aiiH,  1  imvo  tlie  honor  to  traiiHiiiit  liennvitii  acojiyof  an  approved  nnmito 
ofllio  luivy  council  of  ('aiiuda.  eoiicnnin<^  in  n  report  of  the  minister  of  Justice  deal- 
in;' with  the  points  raised  ]\y  Mr.  I'helps  >n  hi8n(»te  of  theJid  .Innolast  on  the  mibject 
ofllH- w'iziire  of  the  United  8tateH  liHhing  vessel  David  J.  Adams,  neai  Dighy,  Nova 
(*(nlia. 

1  liiive,  &c., 

LANSDOWNE. 


Cirtijkd  (oi>!l  of  <i  rrporl  of  a  coinmitttc  of  the  honorable  the  privy  council  for  Canada, 
apiirorcd  hy  Im  exielUncy  ihv  adminintrator  of  the  Government  in  eouncil  on  the  'Jd  No- 

wnber,  Irtdti. 

Tiid  Coinmitteo  of  the  privy  council  have  had  under  consideration  a  disjiutch  dated 
'Mi  .Imie,  l^'H(i,  from  the  rij^lit  hoiiorahle  t^ie  secretary  of  state  for  the  colonies  rospect- 
iii;;  tilt)  tislieries  <|  uestion,  and  inclosinj;  cojiies  of  letters  on  the  subject  from  the  forei^^n 
ulliic  to  the  colonial  office,  and  of  one  from  Mr.  Phelps  to  the  secretary  of  state  for 
liwif,'ii  afl'iiirs. 

The  minister  of  justice,  to  whom  tlio  dispatch  acd  inclosures  were  referred,  sid)- 
niit.s  II  ri"i)ort  thereon  herewith. 

Tlietoiiiuiiltee  concur  in  the  said  rojtort,  and  advise  tliat  your  Excellency  bo  moved 
tiiir.iiminit  a  copy  thereof,  if  approved,  to  the  right  honorable  the  secretary  of  state 
imllio  CDlonies. 

All  (it  which  is  submitted  for  your  oxcelioncy's  approval. 

JOHN  J.  McGEE, 
Clerk  I'rivy  Council,  Canada. 


'i  ' 


JKVILLE  ^VEST. 


Depautment  ok  Justice,  Ottawa, 

July  22,  ISHti. 
Tohk  Ej-vtilvnry  the  Administrator  of  the  Go>\rnMcnt  in  Council : 

With  reference  to  the  dispatch  of  the  'i'^Ji  June  last  from  the  secretary  of  state  for 
the  colduitH  to  your  exeelloucy,  respecting  the  lisheries  <juestion,  and  inclosing  copies 
of  li'tters  on  the  subject  from  the  toroign  otlico  to  the  colonial  olHce  un«l  of  one  from 
Mr.  Phelps  to  the  secretary  of  state  for  foreign  afl'airs,  the  undersigned  has  the  honor 
to  report  as  follows: 

Till' It ttir  of  Mr.  Phelps  seems  designed  to  ])re8cnt  to  Earl  Kosobery  the caseof  tho 
David  .1 .  Adams,  the  lishiug  vesatd  seized  a  short  time  ago  near  Digby,  in  the  I'rovinco 
ofNovii  .Scotia. 

Mr,  l']icl]is  intimates  that  he  has  received  from  his  Government  a  copy  of  the  rejiort 

"f  the  loiihid-general  of  the  United  States  at  Halifax,  giving  full  details  and  depo- 

«itiiiii»  relating  to  the  seizure,  and  that  that  report  and  the  evidence  anticxed  to  it, 

?l'l"'ar  fully  to  sustain  the  jioints  uhich  he  had  submitted  to  Earl  Kosi    ixy  at  an 

j  lutmicw  which  ho  had  had  u  short  time  before  the  date  of  his  letter. 

The  report  of  the  consul-general  and  the  depositions  referred  to  seem  not  to  have 
been  iirescntcd  to  Eurl  Koseberv,  nnd  their  contents  can  only  bo  inferred  from  the 
( JtataiPiits  made  in  Mr.  Phelps's  letter. 

These  Ktateinents  appear  to  be  based  on  the  assertions  made  by  the  persons  inter- 
i  Wed  111  the  vessel  by  way  of  defense  against  the  complaint  under  which  she  was 

s.  Ex.  iia — ^^uo 


ok; 


AMKUIOAN    FISIIKKIES. 


seizcil,  liiit  ciiiiniit  l>o  rcKunlod  hh  ])rom<iitiiiK  n  full  or  acciiruto  ii'ini  .hi'mIiiijiih  „|'  ,1 
i'iim>.     Tlio  iiiHli'i'Ni^iinl  Miiliiiiits  llio  fiutH  in  rc^ranl  to  iltirt  vcsmI  hh  (li.v  m,.  M,.,'i 
liy  thom-  on  wliouc  tvHliiiioiiy  tlits  (Jovcrimii'iit  ol'  Caiuulii  can  nlv  in  mMvn  tla'^l 
ui-«  and  (Iftnition.  "  '  ^'^" 

TIIK  OKI'KNSK   AS  Ht  Till:  TItKATY   ANI»  KISIIKIEV   I.AW8. 

Tlio  Havi<l  .1.  AtlaniH  was  a  I'nitt'il  Stan'H  ('ihIimij^  vt-NscI.  Wlicthcr,  ii.s  iilli'cd  ii 
lirr  lifliall'.  Inr  oi'<  iiiiation  w  as  «l<M|i-Hra  lisjiiii;;  or  n«>t,  anil  w  Iirllnr,  as  nim'i'isUmI  sI 
liail  not  Imih  «'n;;a;;(Ml.  nor  was  intmilctl  to  In-  fn^jaucd,  in  lihliiu;;  in  aiiyliinji 'J! 
HcriluMl  liy  tli«'  tn-at  v  of  l-^H  or  not,  art-  <|ii(stions  wliich  do  not,  in  tlir  o|iiiiiiiii  „|||,! 
iin(l<'rHi;:n('il,  :itl'i'ct.  tli<<  validity  of  tli<>  hci/.iirc,  and  ol"  tlio  iMocctdiiiKs  niiIimimkhi 
tluTj'to,  for  n-asonM  wliiili  will  \w  lion-aftor  ntatod,  but  in  ho  fnran  tin  y  nmy  lu'ti.Iinci 
niati'rial  to  tin'  drfcnso  tlicy  am  fjncstionM  of  fact,  which  remain  to  lie  jiiovcd  intii^ 
vif«'-adiniralty  <oiirt  at  llalifaN,  in  wliiiji  tlm  i>roft'fdin^8  for  Ww.  VckmI'm  ((iiiijiiiiiia. 
tion  ail'  iicndinu;.  and  in  ri'Mpi'it  of  wliirli  proof  in  now  lirLii);  taken,  and  iii;i:siiiii,ii;',j 
tlio  trial  liaw  not  Item  coinlndcd  (nmi-h  h's«  adi'iision  roaclu'd),  it  i.s  ixiiiuiis  ipicnu. 
tnri-  for  Mr.  l'lu'li»s  to  claim  tin*  irstoration  of  tho  vcmwI,  ami  to  assert  u  ri'lit  t(i 
danni>;eN  for  lu-r  del  on  tion,  on  the  aKftninplion  of  the  Knppo.scd  faclM  iMlbnn'I'emdiii 

It  is  alli'<ii'tl  in  tho  I'videmo  on  liehalf  of  the  prom'i^ution  thattlie  l>aviil  ,1.  Adams 
bi'inji;  a  I'niti'd  .Satr.s  linliiny  vcnncI,  on  tho  mornin;?  of  .the  r)tli  id'  M.iv,  Ir-^d,  wnsjii 
what  i.s  railed  tho  Annapidi^  llasin,  which  i.s  u  harbor  on  Iho  nortJnvcKt  coa.'^  of 
Novii  .Scotia.  She  wa«  Hcvcral  ndlcs  within  tho  llii-sin,  and  tho cxcn.se Hii;,'j;e.st('d(i|iat 
tho  cafitain  and  crow  may  Inivo  boon  thoro  throii;;li  11  ini.sapprolionsida  lu  tntliolii. 
cality)  by  tho  woiiIh  of  Mr.  I'liolpH's  letter,  "Di^jby  i»  a  Nnuill  tishinj^  .settlement, auil 
itH  harbor  not  doiim-d,'"  i.s  nnworthy  of  much  consideration. 

l>ie;by  In  not  a  tiHhin;j;  Nettloinont,  althon<{li  Honio  of  tho  pcopli;  on  the  iii>ii:]ilHiriii" 
Khoros  iii^ra};!'  in  ti,>diinj;.  It  is  a  town  with  a  jiopnlation  of  about  'J,Oii(i|icis"iiis,  li« 
harbor  in  fornn'd  by  the  Ann.iiiolis  Ha.sin,  whic  li  \n  a  laif^o  inlet  of  (lie  liavnf  I'limlv, 
jind  the  cntrjincc  to  it  con.sists  of  a  narrow  Mt  rait  nwirkcd  by  cons]iieiioiis  Im  adlaiid*, 
which  are  littlo  nnvro  than  a  nule  aj^art.  Tho  ontianco  in  called  "l)i;,'liy(iiit,''aiiii 
for  all  pnrpo.si'.s  connected  with  this  impiiry  tho  Inirbor  i.s  one  of  the  hest  dcliiicd  in 
Aiiu-ri<^a. 

Tho  iJavid  .1.  AdaiiiH  was,  on  tho  ruorninit:  of  tho  r)th  day  of  May,  l^'Hfi,  as  liao 
already  boon  stated,  wvcial  niileswithin  thotint.  She,  was  not  tliero  tor  t lie piiriwi* 
of  "  slioltor,"  or  "  rejiairs,"  nor  to  "|>nrchaso  wood,"  nor  to  obtain  water.  (5I11!  re- 
nuiined  Ihero  <liirinji  the  r)th  and  tlu'tlth  of  May,  IK-itJ;  sho  wa.s  lyinj;  at  aralior  about 
half  a  mile  from  the  shore,  at  n  locality  called  "  Olemonts  West."' 

On  tho  inorniiifj  of  tho  tilhof  May,  1H"'<),  tho  captain  niado  applicjiliontotlieoffiiprn 
of  u  tishinj;  weir  near  where  lie  was  laying  for  bait,  and  pnrchased  'IJ  Iiarrelseftliat 
article.  Ho  al.so  pnrchased  and  took  on  board  ubont  2  tons  of  ice.  Wliile  waiting 
at  anchor  for  these  inirpows  tho  name  of  tl»e  vo.s.soI'h  "  Iniilinfj  jdaee"  was  kept cnv- 
i-red  by  canvas,  and  this  concealment  cmUinncd  while  who  atterwanls  sailed  down 
ptiwt  I)i<ib.\. 

Olio  of  iho  crew  roproKoiitoil  to  tho  ]iorKons  attondinj;  tho  weir  that  tlio  vessollie- 
hniyod  to  tho  neighlxirin;;  rrovinco  of  New  Hrnnswick.  The  captain  told  the  owner 
of  the  weir,  when  tho  treaty  was  spoken  of  by  tin*  latter,  that  l  he  vessid  was  under 
ISritish  resistor.  Tho  captain  Kaid  ho  windd  wjiit  nntil  tho  next  niorniii;;  to pt  more 
bait  from  tho  catdi  in  tho  weir  which  was  expected  that  day.  At  dayhrcak, ho«- 
over,  on  tho  niorninj^  of  tho  7tli  of  May,  IH.-^Ci,  the  (Jovcrnmcnt  steamer  Lansdownc 
arrived  nlVDigby,  and  tho  iJavid  .1.  Adams  j;ot  Tinder  w.iy  without  waiting'  to  take 
in  the  additional  hiipjily  <d'  l>ait,  and  sailed  down  the  Ihisin  towards  the  (int. 

Hoforo  hIio  had  jja.sscd  Di^by  she  was  boarded  by  tlio  lirstolliecrofthoLaiwdowiie, 
and  to  him  the  captain  made  the  following;  statement :  That  ho  had  come  totbatplace 
to  SCO  hi.H  peoi>h>,  a8  ho  hail  (V>nnerly  belonfjod  there,  that  ho  had  no  fresh  bait 011 
Ixiard,  and  that  lie  was  from  tho  "IJanks,"  and  bound  for  Eastjiort.  Me.  Tbeollieer 
of  the  l.ansdowno  told  him  ho  had  no  buHiness  there,  and  twked  him  if  he  knewtlio 
law.     His  re]dy  was,  "Yes." 

A  few  honrs  "afterwards,  and  wliile  tho  David  .).  Adams  was  still  inside  the  Got, 
the  olliccr  of  tho  Lansdowno,  ascertaininji  that  tho  Htatcmcnts<d"  the  captain  wro 
untrno,  anil  that  bait  had  been  imrchaKcd  by  him  within  the  harbor  on  tlie  pievioiis 
day,  returned  to  tho  David  J.  Adum.s,  char>{"ed  tho  captain  with  the  iillense,  and  re- 
ceiVed  ft»r  his  reply  tho  as.sertion  that  tho  charge  was  false,  and  that  tho  pereou  who 
gave  tho  information  was  a  "  liar." 

Tho  otllcer  lookeffinto  tho  hold  of  tho  vossel  and  found  tho  licrriiif;  which  had  luen 
purchased  tho  day  liefore,  and  which,  of  course,  ivas  perfectly  fresh;  but  the  captain 
declared  that  this  "liait"  was  ten  davs  old.  . 

Thooftlcerof  tho  Lansdowno  letnuied  to  his  ship,  reported  tho  facts,  amnvm 
again  to  tho  Adams,  accompanied  by  another  officer,  who  also  Imtked  at  the  m. 
Both  returnod  to  tho  Lonsdowne,  and  theu  conveyed  to  the  Adams  tho  dircctiuiitiwi 


AMKUICAN    FLSHKUIKS. 


1)17 


UY   I.AW8. 


,1m. nIhimIiI  riiiiio  to    »ij;lty  iind  anclior  lunir  flu*  Lnnwlowiii'.    Tliis  wiih,  in  fudt,  tho 

uc  the  tircmiistaiiiH-rt  by  wliicli  Hid  wi/iirr  whh,  in  thooitiniiHi  <il'.Mr.  I'lirlp.s 
4...1  i>  ....,1  ...I,:.. I I...  :»  '  .   ...■'■        .1     .    ..  .     '    ' 


Tlll'HI 


1  in  ni     till     »  ■■•'   '  •• .,... ^j     ^ ..^.  ■,,,■■  1.    ,»  I..-.J   III    1  ii(>  w|ri  II  iiFii  111    .»!  I  ,   J    111    I  lipi, 

"inmli  ii;;!,'niviitt'(l,"  iMnl  wliicli  niiikii  it,  hwiii  v<t.v  iiii|»iirfii|.  to  liiiii.tliiit  tint  H(>i/,iiro 
"was  nut  niiido  lor  tlio  pnrpo«o  of  cnlori-injj  any  rij^lit  or  icdic.ssin;;  any  wronj;." 

Tim  fact  that  tlio  m4M/.iiio  waH  nicccdcd  Uy  visilali.iMH  and  Hrarclios  was  diurio  tho 
,i;ili'inriitHortiio  inaHt'Uandthorciiictancoof  liio  otllctirHoriho  Laimdowno  tornloriio 
iliolaw  until  thry  inul  UHCortainml  to  a  di-nionstratioii  tinit  tho  olVonso  had  buoii  coiu- 
inittid  luiil  tii.'it  tiio  cajitain'H  Htatonienta  woro  iintruu. 

THE  OI'KTCNHK   AH  TO  CUSTOMS   I,AW8. 

Tlio  David  J.  AdaniH,  an  alroady  Htatcd,  wiw  in  liarlu)!'  npwardH  of  forty-oijjlit  houiH, 
jiiHl\vli('iiHi'i/.td\^as  jiroccodinf;  to  Mca  witliont/  havin;;  lu'cn  n^poitcd  at. any  ciiMtonm- 
limiNi".  Hit  himincHH  wan  not  hucIi  hh  to  uiako  it  her  intcrcHt.  to  attract  tiio  attiMitiou 
(il'tlu'Caniulian  authoiiticH,  anil  it  is  not  ditlicnit,  (luirofons  to  conjurturo  tlio  roaHou 
why  sliiMvas  notso  roporttMl,  or  to  wo  th.it  tlio  ri'aHoii  jnit  forward,  tliat  lJi;j;l»y  Ih 
liiit  "a  .small  fmhiiij;  Kottloincnt  and  its  harbor  not  diHiniid,"  i.s  a  (liMinyounon.s  one 
lin;iiiii^;  to  tho  weir  to  iiurcliaco  bait  tho  vessel  iiaHsml  tho  cnHtoin-houHo  at  J)ij;by 
iiliiKiNt  within  liailin;^  distance.  When  at  tho  wi-ir  she  was  within  1  or  iJ  niilcH  of 
;i:i()iliir  ciiHtoin-houHo  (at  C'leniontsport),  and  within  abont  If)  niihs  of  another  (at 
AiumiiiiliN).  Tho  master  lll'.^  not  assi^rted  that  he  did  not  know  *lio  law  on  tlii.s  Knb- 
jiTt,  iLsil  is  eHtabliHhod  that  ho  know  tho  law  in  relatiou  to  thu  restriction  on  for- 
I  lu'ii  lislun;;  vesHclH. 

The  |iroviHions  of  tho  cuHtonis  act  of  Canada  on  this  Niibji-ct  are  not  esHentially  dif- 
tVrt'iit  from  thoso  of  his  own  t;oiint,ry.  Tao  caiitain  and  iiow  wero  ashoro  dnrinj^  tho 
,')tli  uuil  lit h  of  May,  ld8(>.  Tho  following  provisions  of  tho  custunis  act  of  Canada 
apiily: 

"The  m«ntcr  of  every  vcHKcl  coniiii;;  from  any  jiort  or  i)hu(^  out  of  Canada,  or  coast- 
wise, aiul  entering  any  i)ort  in  (Janaila,  whi^tlu^r  laden  or  in  ballast,  shall  go  without 
ililiiy,  when  such  vessel  is  anchored  or  moored,  to  tho  custom-lHUiso  for  tho  port  or 
lihuo  (if  entry  wht»re  ho  arrives,  and  theio  inako  a  report  in  writiiif^  to  tho  collector 
iinitluT  jinipcr  olliccr  of  tho  arrival  and  voyaj^o  of  such  vessel,  stating  licr  name, 
tiimitrv,  ami  tonnage,  tho  port  of  registry,  tho  name  of  the  master,  tho  country  of  tho 
owners,  the  nninber  and  Jianics  of  tho  jiassemjicrs,  if  any,  tho  nninber  i."  tho  crc^v, 
;inil  wiictlier  the  vessel  is  ladoii  or  in  ballast,  and,  if  laileii,  the  marks  and  iinmliers 
III  cvory  ])ackage  and  jiarcel  of  goods  on  board,  and  where  the  sii.mo  was  laden,  and 
the  iiiirticulars  of  any  goods  stowed  loose,  and  where  and  to  whom  lunisigiied,  and 
whein  any  and  what  goods,  if  any,  have  been  laden  or  unladen,  or  bulk  has  been  bro- 
iicn,  ihiring  the  voyiige,  wliat  part  of  the  cargo,  and  tho  number  and  names  of  tho 
inisst'iiijers  which  aro  iuteiuled  to  bo  landed  at  that  [tort,  and  what  and  whom  at  any 
other  port  in  Canada,  and  what  part  of  tho  ca'go,  if  any,  is  intended  to  be  exjiortcd 
in  the  .same  vessel,  and  what  surplus  stores  remain  on  board  as  far  as  any  of  such 
piirtii  iilars  are  or  can  V)e  known  to  him."    (  Ui  Vic,  cap.  I",',  sec.  'J.').) 

"TiiLMiiaster  shall  at  the  time  of  making  his  reptnt,  if  reciuired  by  tho  ofllcer  of 
cu.stonis,  i)ri)ilnce  to  him  tho  bills  of  lading  of  the  cargo,  or  true  copies  thereof,  and 
»h;ili  make  ami  subscribe  an  aflldavit  referring  to  his  report,  and  declaring  that  all 
tlientatoiacntsiuttdo  in  the  report  are  true,  and  shall  further  answer  all  such iiiiest ions 
conccjiiiiig  the  vcssid  and  cargo,  and  the  crew,  and  tho  voyage,  as  aro  demanded  of 
him  liy  such  otlicer,  and  shall,  if  reiiuiretl,  mako  the  substance  of  any  such  answer 
luirt  of  his  report."    (Ki  Vii?.,  cap.  I'J,  sec.5».i.) 

''If  any  goods  are  unladen  from  any  vessel  before  such  report  is  made,  or  if  tho 
iiiiLster  fails  to  make  such  report,  or  makes  an  untrue  report,  or  does  not  truly  answer 
tlieqncstions  dcnianded  of  him,  as  provided  in  the  next  preceding  section,  he  shall 
iiicnr  a  penalty  of  i^iOi),  and  tho  vessel  may  bo  detained  until  auoh  penalty  is  paid." 
(4G  Vic,  cap.  12, 800.^8.) 

ritOCKKUINGS  FOI-LOWINO  TIIK  8KIZURK. 

TiHJNo  liaveheeu  made  the  subject  of  complaint  by  Mr.  Phelp.s,  although  the  cx- 

imiiiiitious  which  wero  given  in  the  jirevions  memorandum  of  the  undersigned  (in 

rcforence  to  the  letters  of  Mr.  Bayard  to  her  majesty's  minister  at  Washington),  and 

mtlic  report  on  the  same  subject  of  tho  minister  ol"  marine  and  lisherics,  laid  before 

■u  excellency  the  governor-general  on  the  14Mi  .June  ultimo,  coupled  with  a  di.sa- 

vowal,  by  the  Canadian  Government,  of  any  intention  that  tho  proceedings  iti  such 

vases  should  ho  unnecessarily  harsh  or  pursued  in  a  jinnitivo  spirit,  might  have  been 

I  «pectfiil  to  he  sutlicient.     After  the  seizure  vas  made,  tho  commander  of  tho  Lans- 

;  oowno  took  tho  David  J.  Adams  across  tho  Bay  of  Fundy  to  St.  John,  a  distauce 

[ot  about  forty  miles.    lie  appears  to  have  had  tho  imiiresaiou  that,  as  his  duties 


,*n. 


?■  %h\ 


•■m 

i] 


'-mi 


DIH 


AMKiaCAN     IIHIIKKIK.S. 


wuiilil  mil  |iiTitii(  liiiii  III  riMiuiiii  iii  l>i«;li,v.  lln«  vrsxcl  wdiilil  tml  !•«•  mm  iiir  Irom  icmip 
wliirli  lijiM  ill  M'Vfi.il  casi'M  (H'cnrrnl  hIiit  i|ii>  Ki-i/iiir  oI'  li-,liiii;^  vcssrU,  ||,.  iM.lj,L'i 
Mho  would  lif  iiioif  Mriin-  in  tlir  liai Imr  nf  Sr.  .Inlin,  ami  Ihal  tlio  Ic.fiil  iiri„w| 
lll^'^«.  whicli  ip  (lye  (■i.iirf.r  would  rollow,  could  Im'  tak.^n  IIm  if.  Hi-  WiiMlimiHiliaiilv 
diit>ct«'d,  how.-vir,  to  ii-liiin  willi  tin-  v(h>ii|  (o  l)i;;li.v,  tin  it  Mcfiiii.l  iiioiv  iin,|,|,.|  nil 
iiiort' ill  rodipliatin-  witli  t !if  Htat iitfM  ii'latinj;  to  tin-  HiiliJiTt,  tliiil  ^in^  NlKiiiliijiiMic 
taiiu'd  in  the  phin-  tif  Hii/iin-,  and  that  lli«  It^al  jMoctM-dinx  Hiioiilil  lir  tiikni  m  i||,i 
viic-adiiiinilt  V  roiiit  «if  I  ho  pinviiKo  wh»n<  llio  oiron,4i>  waH  <<iiniiiill((|.  It  ilm,,  mit 
Mccm  to  Im-  claimed  li.v  llio  liiilcd  Stales  tiiitlioiiticH  that  any  ilaiiiiini^  to  tlicvcsst; 
or  that,  any  injury  ov  im  iMivcnicnci-  to  any  one  concerned,  \\nn  occasiomd  liy  tliisnJ 
nioval  to  St.  .lolin.  and  l>y  her  iitiirii  to  ))if,'liy,  occnpyinn  as  tlicy  did  lint  ;i  iVw 
lioius,  and  x  ■  I  this  jiicniiiKtance  hcems  to  ln^  relied  on  as  "  ajjjjravatiii"  llii'  Nci,(iire" 
and  as  di  piu  in^  it  of  tlie  «  hura«;ter  of  a  H4'i/.iire  madi!  "  to  eiit'oice  a^i;;!!!  (irtori'. 
dicKS  a  wroiiiLj." 

Another  uionnd  of  coiii]iIaint  in  tlial  in  Di^l'V,  '•the  iuiimt  allcKid  to  lie  tlicUai 
preei  pt  tor  the  capture  and  detention  of  the  vckscI  wua  nailed  toiler  must  iii.tiinliii 
manner  ,1h  to  prevent  its  contents  liein;:  reail "  and  tliat  "the  rei|iiest  of  tliiMaiitiiin, 
and  of  the  I  nited  States  <'onsnl-;;iMieral,  lo  lie  alloweii  to  detach  tli(>  writ  mmi  tin' 
mast,  tortile  pupposi' of  learning  its  contents  uas  positively  refimerl  hy  tlii' pinviii- 
ciai  ollieial  in  charj;e;  that  tln>  I'liiled  States'  consnl-neneriil  was  not  itiilc  In  jiiirn 
troni  the  iiMiiiiiander  of  tlie  l,ansdo\vni>  tho  nature  of  the  complaint  a^'iiiiist  the  vis. 
M'l,  and  that  liis  respeettiil  apjdieation  to  thai  ett'ect  was  fniilless." 

(1)  As  to  tlie  position  of  tlie  paper  on  the  mast.  It  is  not  a  tact  tlmt  it  waNii.iiW 
to  tlie  vessers  mast  "  in  smh  a  manner  as  to  prevent  its  contents  hcin;;  rrml,"  It 
was  nailci'  tin  re  lor  the  purpose  of  liein;;  reinl,  and  could  have  licen  nnil. 

(-')  As  to  tile  refiisal  to  allov.-  it  to  he  detached,  such  refusal  was  not  iiilfiiilci' a»a 
dLxeonrleHy,  lint  was  le^itimati>  and  proper.  'I'ln-  ))aper  ]>iirporled  to  lie,  an(lw;i,i,u 
i'opy  «if  the  writ  of  snmnionH  am.  warrant,  wliich  were  thi'ii  in  the  rc;;isirv(il'tli(' 
vice-adiiiiraliy  court  at  Halifax.  It  was  attaelied  to  Hie  mast  hy  Hie  (iHicc'idl' lln' 
court,  in  aecoi-dance  witli  the  riil.s  and  iiroeednre  of  that  court.  'I'lie  inniinsrd  k 
wlii«'h  it  was  .so  attached  diil  not  admit  of  any  consent  for  its  removal. 

('>l)  As  to  tlie  desire  ot"  tlie  captain  and  of  the  I'liited  States  coiiNiil-jri-ncnil  t"iw- 
««'rtaiii  tlie  contents  <d"  the  jiaper,  the  ori;;;inal  was  in  tlie  rejiistry  of  the  ciiiirt.af- 
ceNsilde  to  every  ]»erson,  and  llie  rej;istry  is  within  ci;^hty  yards  of  tlie  cniisiilp'ii- 
eral's  otlice.  All  the  reasons  for  the  sei.'.nre  and  detention  were  made,  however,  tiitlio 
cnj>tain,  days  before  the  j)aper  arrived  to  he  jilaeed  on  the  mast,  and,  lit'lore  tiii'M- 
snl-^cneral  airived  at  Dij^hy,  these  reasons  were  not  only  mutters  of  |iiililif  iidtoricty, 
hilt  had  lieen  piilili>hed  in  the  newspapers  of  the  province,  and  in  liiitKlii'dHotdllii'r 
newspapers  circniat iiii^  thron^hoiit  ('iinada  and  tlie  I'nifed  States.  'I'iMMaiitaiii ami 
the  coiisiil-;;e!mral  ilnl  not  need,  thirefore,  to  tak«  th«  paper  Conn  the  iiia.st  ia  order 
to  learn  the  causes  of  tlii>  seizure  ami  detention. 

(l)  As  totlie  apjilicatioii  of  the  consil-^reneral  liavin;^  '"'en  fniitles.s,  tin-  fmt  liM 
traiirtitired  Ih.it  he  had  rejiorled  the  seiziiie  and  its  causes  lo  his  (Jovcriiiiii'iit  lu'liiri) 
tli((  application  was  made.  It  ImH  heiii  already  exidaincd  in  the  previous  iiuMnnran- 
lima  of  the  iii;de.".si;,'iieil,  and  in  the  report  of  the  minister  of  marine  and  tishi'rim, 
that  the  application  was  for  a  speeilicHtutetiient  of  the  ohar<ji>s,  amltliat  itw.isiiiiulo 
to  an  olliecr  who  had  neither  the  le;;,il  aci|.iirei  lent.s  nor  the  aiitliority  to  Htatctlinii 
in  II  more  Kpecilie  li.rm  than  that  in  which  he  had  already  stated  tlieiii.  The  com- 
miinderoftlie  J<ansdowne  reiinesfcil  the  eonsnl-<xciieral  to  m:ike  his  niiiicst  to  tlw 
ministerof  maiine  and  lisheries,  and.  if  he  had  done  so,  the  siiecitie  statciiuiit  whieh 
ho  had  desired  could  li.ive  lieen  famished  in  an  hour.  It  is  hoped  that  Hie  rxiilana- 
tiun  already  made,  and  the  precaiitioiis  which  have  heeii  taken  a^Min.st  cvcii  llifap- 
pearancu  of  dimonrtesy  in  the  future,  will,  ou  curiKidurutiou,  bo  found  to  be  satisfat- 
tory. 

IXCIDKNTS  or  TIIK  CIKSTOMS'  SEIZfUK. 

Mr.  rhelps  presents  the  followinjj  viows  with  respect  to  the  claim  that  tin'  David 
J.  Adams  besides  violating,'  the  treaty  nml  the  statutes rclatiii},'  to  "rmliiiij!  l>yi<>reig" 
vchmcIh"  is  liable  fo  be,  detaineil  for  tho  penally  under  the  customs  law. 

(1)  'J  hat  this  cl.iim  indicutos  the  couMcioiiHiicNH  that  the  ves.sel  niiilil  imt  wior- 
f«itcd  for  t  he  .)»t-nM'  against  the  treaty  luid  lishin^j  laws.  This siiiiiiositioii  'H'r"'""  ; 
loss.  It  is  by  no  meau»  uneomniou  in  lej^al  proceedings,  both  in  ^""""''" !1,  '  i, 
Ihiitod  States,  for  kiicIi  proceediti(.rH  to  be  based  on  more  than  one  rliai^e,  ft'tlion}, 
any  one  of  the  charyos  would  in  itself,  if  Hustained,  bo  snllicieiit  fortlK^iiin'OM  ' 
tht)  complainant.  The  huccchh  of  this  litigation,  like  that  of  all  litij;atioii,  imi«  'j 
pend  not  niPioly  on  the  rights  of  the  parties  bo'  on  the  iironf  which  niayj^'t««"i""' 
n»  to 
loiter  that  the  facts  which  am  to  ho  iiiado  the  hiUijoc 


imi;  ijifiei^  on   tiioii^iiiniii    i  iiii  |iiii  i  ii-n  iii'     <'ii  iinj  )'■<■">    • I>lii|i)«K 

H  right  liaving  iwen  infringed.     In  tlii.  lostanco  it  appears  iVoiii  Mr  i     ' 
r  that  the  facts  which  am  to  ho  iiiado  the  siibjoct  of  proof  are  *'\    ?    i  img  so 
put«,  and  tho  Government  of  Canada  could,  with  projiriety,  "^s^r*^^  ""'" '",  jl^niieof ' 
that  both  of  thorn  should  not  bo  lost  by  any  miscarriage  of  justice  in  rcgani  to 


AMERICAN    riHIIKRIES. 


1)1!) 


•CM  fruitlcsH.tlio  fnotliM 
()  his  (iovcriiiiient  lu'lnre 

ill  tln>l""''^'""'*""'""'™' 
■  (if  luuiiiH'  aiitl  tithiTiM, 
■.^es,  an.ltlmtitw,ism;uU' 

o  aiiMiority  to  stiit.Hii™ 
statf.l  tlu'in.    'llii'coni- 

iiiakK  liis  n''!''"'"'  '",!"? 
.,  Hiu'citir  Htat.'in.'iit  tfliH'h 
slioprdliiat  tlMM'Xitoa- 

aU.'..  a-ainstryniti^- 
»u,  bo  tViuml  to  lie  catibtdi- 


L,lio.laim11.attbpr)uviJ 
t.njrto  "ti8l.iii«l'yf»f^'»" 
customs  law. 

'bail  <•"<■  ^•1""'.'^'''  *'^'"!^   1 

;;md.nttorti>M'"2,    i 
tofallliti^^tt.o.^.n^ 

onrNvl.i.'lvn.aVH>      ,    I 

nnncars  iVoiii  Mr.  n"l!" 

.',  assert  both  Its  tui., 
justice  in  reganl  to  ou 


iliciii.  ThJH  wiiH  likrwJHO  thii  jnopcr  ciiiiMn*  to  bi<  lakni,  in  view  of  th<>  Catt  lliut  an 
a|i|i<'itl  iai;;ht  at  any  tiiiiti  bo  iiiaib^  to  tlio  (iuvi'riiiiH'iit  l)y  tint  owiitiH  (if  llai  David  J. 
Ailiiiiii*  liii'  n'minmoii  «if  the  forfcitiiro  incurred  in  icHpccidf  {In-,  fishery  hiWH.  'i'lir  f<»l- 
iiiwiun  in  a  sect  ion  of  tli«  Caniidiait  Mtatnto  rehitinn  ti)  liMhiiiK  by  foreign  vcmscIs  : 

•hi  .'.iM'Hiif  wiziiro  under  thiHact,  tlm  Kovernor  in  (  nine i I  luny  direct  ii  Mtay  of  jiro- 
iriliiiHH,  and  ill  ciwn»  of  ccnnh^iiuiutioti  may  nilicvn  from  tlm  i>einilty  in  vvlililn  or  in 
jMil,  and  on  Hiieh  terniH  an  aro  d(!«!ined  ri;;ht."    (;il  Vie.,  cup.  (il,  He(!.'ll). ) 

h  M't'iiied  iieceHmiry  and  inoper  to  iiiak(t  .it  oncit  any  claim  fonii'lcd  on  infraction  of 
lliuciiHioam  lawM,  in  view  of  tuo  ixmsiblo  turniination  of  I  ho  proceedings  liy  <>x«H!'1- 
livc  nilt  li'ereiK!*!  under  tliiH  eiuu^tnicnt.  It  would  Hiirely  not  be  expected  that  tho 
(iiivi'Hiiiii  lit  of  Caniidu  Hlionid  wait  until  tln^  lerniiniition  «(  (he  ]iro(H>edinKH  iimh-r 
ilii^  fislitiy  lutH,  befcm  aHNorliiiK  itt  claim  to  the  penalty  under  tlieeij.stoiiiH  act.  Tho 
(iwiiciNot  ;]ie  otfendin};  vesKcl  and  allconeerned  wore  entitled  lo  know  a,s.so(in  iiHtliey 
(imlil  lie  made  awan^  wiiat  tiiu  ciainiH  of  the  (ioveriiment.  went  in  relation  to  tlie  vea- 
wi,  1111(1  tliey  niinlit  fairly  mm*  that  any  which  were  not  diHchwed  were  waiv»!d. 

('.')  Mr.  I'indpH  reiiiarkH  that  tluH  eliarno  Ih  "not  the  one  on  which  the  vohhcI  was 
SI  ucil  •'  and  "  wan  an  after-thon);|it."  Tlio  vcMmd  waH  Hoi/cd  by  the  commander  of  tho 
l.iiiimlowiio  for  a  violation  of  the  liHhory  lawH  before  tho  enstoniN  authorities  had  any 
kiiiiwietiKe  that  Hne.li  a  vchmoI  had  ont(Mcd  into  the  port,  or  ha<l  attempted  to  leavo  it, 
iiiiiiliicciininiaiider  was  notawarit  atthat  time  whothcrtlio  David  J.  Adanmhadmade 
liiii|ii'r  entry  or  not.  A  few  lionrH  afterwards,  however,  the  collector  of  eimtoniH  at 
|)j){liy  amcrtained  the  facts,  and  on  the  facts  beiii);  nnido  known  to  tint  head  of  his 
iii|i«itiiieiit  at  Ottawa,  wan  immediately  instriirted  to  take  miicIi  nteps  as  mijjht  be 
iiiicsHary  to  assert  the  claim  for  tho  penalty  v  hicli  had  been  iucnrred.  The  collector 
iIiiIhii. 

\:\)  Mr.  riielps  aiMierta  that  the  charge  of  breach  of  tho  ciiHtoniH  law  is  not  the  ono 
wliiihiiniHt  now  b(t  principally  relied  on  for  cdiidemnation.  It  is  U\ni  that  coiidum- 
iiiilioiidiies  not  necesHarily  follow.  The  penalty  prescribed  is  a  forfeiture  of  $100,  on 
|i;i.viiu'nt  of  which  the  owners  are  iMitith-d  to  the  release  of  the  vessel.  If  Mr,  I'lu'lps 
iiii'iiim  liy  the  expression  just  (|noted,  that  the  (Mistoma  otlense  cannot  be  relied  on  in 
ivHpi'it  to  the  penalty  clainuMl,  and  that  the  vessel  cannot  be  detained  until  that 
imialty  is  paid,  it  can  only  \w  said  that  in  this  contention  the  Canadian  ((overnmeut 
iliii'K  nut  concur.  Section  :ti>  of  the  ciistonm  act,  belore  ((iiot**!,  is  ('X]>llcit  on  that 
jHiiiit. 

(4)  It  is  aUu  iirKcd  that  tho  otlense  was,  at  most,  "  only  un  accidental  and  clearly 
tirbnical  breach  of  a  cnstnm-honse  rejjnlation,  by  which  no  harm  was  intended,  and 
liinmvliicli  no  harm  caino,  aud  would  in  ordinary  cases  be  easily  chkIoiuhI  by  an 
:ilioloi,'y,  and  jierliaps  payment  of  costs."  What  has  already  been  said  under  tho 
lii'adini;  "  the  otfenso  (as  to  the  cnHtiiinH  laws)"  pn^scnts  the  contention  ojijiosed  to 
iliti  (irtoiise  bcin<t  cousi<lered  as  accidental."  The  master  of  the  IJavid  .J.  Adams 
slidwcd  by  his  lanKiia;?o  and  conduct  that  what  he  did  he  did  with  desij^n,  and  with  the 
kn(i\vled]i;e  that  ..e  was  violating;  the  laws  of  the  country.  Ho  conhl  not  have  coin- 
|illi(l\vitli  the  customs  law  without  frnstrutin^  th<3  |>iu poses  for  which  li  id  gone 
iiitii  port. 

Ah  to  the  breach  beintc  a  "  toclinical  "  one,  it  must  "lie  reinemberod  tlict  with  thou- 
miiiilsof  miles  of  coast  indented,  as  the  coasts  of  Canada  are,  by  liinidrodH  of  har- 
iKiraand  inlets,  it  is  inipoHsilde  to  enforce  the  lisliery  law  without  a  strict  cnfonHi- 
laciit lit  the  customs  Jaws.  This  ditlicnity  was  not  iinfortjseen  by  tlu^  franiers  of  the 
twatyot  IrtlH,  who  provided  that  the  tishei  men  should  be  "  under  such  restrictions  as 
laiclitlie  iiDcessary  tojircveut  theirtakin;;,  dryin;;,  c.cnrinn' lish  *  •  •  or  in  any 
otlii'rmamicr  whatever  (ilimintj  the  fririlci/i:  nmrvtd  t'j  tlinii."  No  naval  force  which 
ciinid  lie  ciiuipped  by  the  D(miiiiion  would  of  itself  be  siifticient  for  llie  enforccmout 
of  till)  ILslicry  laws. 

l'i'H'i),'ii  lisliin;;  vessels  aro  allowed  by  tho  treaty  to  enter  tho  harbors  and  inlets  of 
t'aiiada,  luit  they  are  allowed  to  do  soonly  forspecilied  ])iirp:)ses.  In  orderto  conlino 
tliiMi  to  tliiise  iMiriioses  it  is  necessary  to  insi.Ht  on  the  (ibservanc(^  of  I  he  customs  laws, 
wliicli  arc  enforced  by  olliccrs  all  alon;;  the  coast.  A  strict  enl'orceineiit  of  the  cns- 
taiiislawN,  undone  consistent  with  the  treaty,  would  recjnin!  that,  even  when  comin^j 
into  port  fur  the  piirposes  for  which  sneh  vessels  an*  allowed  to  enter  onr  waters,  a 
tqiortHhoiild  bo  niatlo  at  the  cnstoms-houso,  but  thi.shas  not  been  insisted  t  i  in  all 
cases;  wluii  tho  cnstoms  laws  are  enlorccd  a<;ainst  those  who  enter  for  either  than  le- 

gitiiiialc  imriui.ses,  and  avIio  choose  to  violati>  both  the  tishery  laws  and  ciistom.s  laws, 

tk  (iovi'nini(!nt  id  far  within  its  rifjlit,  and  should  not  be  asked  to  accept  an  apolojjy 

uialpaymciit  of  costs.     It  may  be  observed  here,  asallectinj;  Mr.  Phelps's  demands  for 

rptoration  and  (laniafjes,  that  the  ajioloj^y  and  costs  have  never  bc(Mi  tendered,  and 

lliat  Mr.  riulps  seems  to  \h>.  of  opinion  that  they  an*  not  called  for. 
i'')  Mr.  I'helps  is  informed  by  the  cotisiil-;;cn'eral  at  ll.ilifax  that  it  is  "conceded 

")'  tlio  cimtoius  authorities  there  that  foreijjfu  tishins  vessels  have  for  forty  years  been 


•II' 


a 


'Conrsof 


H 


950 


AMERICAN   FISHERIES. 


Ii 


.icciiHtoiEiod  to  gi>  in  and  out  oftho  hay  at  plcasiuo,  aiul  lifo  never  Itcoii  reiiuiml  tn 
sfiul  :i«Iioio  an«i  report  ^\h^m  llicy  •>•'•'  •>'»  l>iiisiiicHM  witli  tin  port  ami  inado  ii>  Imi 
in;;,  and  tliat  Jio  Hciziir'i  had  I'ver  Itcforo  Itrcii  lna^l(^  or  ciaini  a^-uinst  tlirni  fur  1 
doinjj."    NotliinH;  ol'tliis  kind  is  or  could  he  conceded  hy  the  cimtonia  authorities  there 
or  elsewhiMv  in  C'ana'.l!». 

The  l;ay  ref'irred  to,  the  Annajjolis  Ha.sin,  is  like  all  the  other  harbors  of  Canada 
xcept  that  it  ih  tinuHnaliy  well  delined  and  la.id-ioeked  and  furnished  wiMKcstonw' 
ousi's.  Neither  there  nor  anywhere  elw  have  foreijjn  liHhin^  vessuin  1,< cii aceus" 
fonied  to  ;;o  in  an4l  onl,  at  )>leaNure  \\ithont  rejMirling.  If  they  had  hfcn  no  m- 
niilted  the  li.shery  laws  eould  not  have  heen  enfor'e<l,and  there  would  liiiva  liceiino 
jirotection  ay;ainHt  illieit  tradinj;.  While  the  reeiproeiiy  treat.v  of  1,<)4  and  tJioMi. 
ery  elaum-H  of  the  \Vashinji;ion  treaty  were  in  force,  the  convention  of  IhlH  lii'i;iL', of 
conrHc,  snsjiended,  eonsit'erahle  laxity  waH  allowed  to  the  United  Statos  liHliiii'vcs. 
w^ln,  nineh  greater  than  the  terms  of  thoHO  trcatien  entitled  tlieiti  to,  hut  tli«  coiisnl. 
general  in  greatly  mistaken  when  lie  HuppoaeH  t  iiat  at  other  tinien  the  ciistonis  laws 
were  not  enforced,  and  that  seiz'ires  of  foreign  (iBhing  ves-sels  were  uot  made  IW 
omitting  to  report.     Ahnndiint  evidence  on  tliiH  j)oint  can  he  liatl. 

In  IKW  Mr.  Vail,  the  Acting  Secretary  of  State  ((Jnited  States)  reported  thatiiiiwt 
of  the  seizures,  which  then  were  considcre<l  nnu>eroiia,  were  tor  alleged  violalio'  of 
the  customs  laws  ( I 'apers  relating  to  the  Treaty  of  Washington,  vol.  vi,  j).  )if^:\  Uasli- 
ington  edition).  From  a  letter  of  the  I'nited  States  consul  at  Ciiarlottetown, dal.'il 
August  in,  1*7(1,  t«»  the  I'nited  States  consul-generr.'  at  Montreal,  it  appears  tliatit 
was  tlie  practice  of  the  United  States  lishermen  at  that  time  to  make  re^'ulaniitryat 
the  port  to  which  they  resorted.  The  consul  said,  "Here  the  lisheniun  entiT I'lid 
dear,  and  take  out  permits  to  land  their  mackerel  from  the  c(dlector,  and  as  tlmr 
mackerel  is  a  free  article  in  this  island,  there  can  ho  no  illicit  trade." 

In  the  year  1H70,  two  United  States  tishing  vessels,  the  II.  W.  Le^vjs  aiid  tlie 
(•ranada,  were  stiized  on  liite  charges  in  ('anadian  waters. 

What  Mr.  I'helps  styles  "  a  cusicun-houKe  regidation  "  isauactof  tlieParlianiciitof 
Canada,  and  has  for  many  years  heen  in  for;  e  in  all  tho  j^rovinces  of  the  Dninininn, 
It  is  oni'  whiih  the  (Jovernment  caiinot  at  all  alter  or  repeal,  and  whiili  its  ollicirs 
an^  not  at  lilierty  to  disregard. 

((>)  It  is  NUggested,  though  ;iot  a8sert(«d,  in  the  letter  of  Mr.  Phelps,  tiiat  tlie  pin- 
ally  cannot  reasonalily  h(>  insisted  on,  hecause  a  new  rule  has  heen  suddenly  adoptfil 
without  nolicc.  'J'he  rule,  as  hefore  ohserve*!,  is  not  a  new  one,  nor  is  its  enforce- 
nu'nt  a  novelty.  As  the  (iovernment  of  the  United  States  chouse  to  put  an  tmd  to 
the  arrangenu'ut  under  which  the  t'slurnu'ii  of  that  <roinitry  wc^re  arcustonicd  to  Ire- 
«]uent  Caiuidian  waters  with  so  much  ficedom,  the  ohligation  of  giving  noticn to 
those  fishcruu'U  that  their  rights  were  thereafter,  hy  the  action  of  their  o,vn  (lovera- 
ment,  to  he  greatly  restrictk_d,  and  that  t'u'y  must  not  infringe  the  laws  of  Canada, 
was  surely  a  duty  incunihent  on  the  (iovernment  of  the  United  States  rather  than  on 
that  of  ( 'anada.  'Jhis  point  cannot  he  better  exjnessed  than  in  the  hmsua^'"  rciiortal 
to  have  heen  receni  ly  used  hy  Mr.  llayard,  the  United  States  Secnitary  of  State,  in 
his  rei>ly  to  tiie  owiu-rs  of  the  (Jeorge  Cashing,  a  ves.scl  recently  seized  on  a  similar 
charge  :  ''Von  are  v-ell  aware  that  (H'cstifUiB  are  now  pending  between  this  (lovmi- 
nient  and  that  of  Great  Ihitain  in  relaticui  to  the  Justilieation  of  the  ri,si;hts  of  Aini'ri- 
can  tishing  Ycswls  in  t!:e  territorail  waters  of  J{riti.sh  North  America,  and  wesbil 
relax  no  ellort  to  arrive  at  a  satisfacttiry  solutum  of  the  diflieulty.  In  the  inoaii- 
tiuKi  it  is  the  duty  !ind  manifest  inlerest  of  all  American  citizens  entering  Canadian 
juris<liction  to  .tscertain  aiul  obey  the  laws  and  regulations  there  in  force.  Kfjrali 
unlawful  depredations  of  property  or  commercial  rights  this  (Iovernment  will  «■ 
pect  to  i>rocure  redress  and  compeuHation  for  tho  innocent  snl'crers." 


INTKItl'IlKTAIION  OF  THE  TREATY. 


Mr.  PheljiH,  aft<TvomnH'nting  in  the  language  already  <iiioted  from  his  letter  on  tlie 
claim  for  the  customs  jicnalty,  treats,  as  the  only  question,  wlietlicr  the  vessel  is  to 
be  forfeited  for  purchasing  bait  to  be  used  in  lawful  tishing.     In. following  Insiii 
ment  on  this  point,  it  should  \h\  homo  in  mind,  as  alrea<lj  stateil,  that  in  '*■'*'''■;"'., 

iirdcn 


be  forfeited  for  purchasing  bait  to  be  used  in  lawful  tishing.     In. following hisiirj!"^ 
ment  on  this  i>oint,  it  should  \h\  homo  in  mind,  as  alrea<lj  stateil,  that  in  so  tar  as  in 
fact  of  the  bait  having  been  intended  to  l>e  us<mI  in  lawful  fishing  isinateria M 
vim\  that  is  li  fact  which  is  not  jwlmitted.     It  is  one  in  ri's.ieet  of  wliidi  ^"^'  '    . 
f  ]>roof  is  on  tho  owners  of  the  vestfcl,  an«l  it  is  ouo  on  which  the  owners "ttiK  \  _ 
•1  have  not  vet  ohtiined  an  udjndication  by  tbo  tribunal  loforo  wliuh  thoeii.s.  ii» 


of 

se 

^'"Mr.  Phelps  admits  "that  if  tl.a  J..nguape  ^u  the  treaty  of  1818  '«  <''^»'''"*"SsiJ 
lite.-allv,  ralh.r  than  according  to  ils  spirit  and  inain  intent,  a  vessel  ''"t-''")*-'''" '"    .. 
ing  would  be  prohibited  from  entering  a  Canadian  port  tor  any  j.iupose  wUaieMi, 
(cipt  to  obtain  wo,>d  or  water,  or  to  repair  dan.ages,  or  to  s'  -k  shelter.  .    , 

It  is  claimed  on  tho  part  of  the  Government  of  Canada  uii.t  t his  it  "f  "  Hbi«  i 
language  of  Uio  treaty  of  ISIH,  hut  "  its  spirit  and  plain  intent.      lo  estauiisn      | 


fliBJIii'l' 


AMERIC^\N   FISITKRIES 


951 


n;;ii.'iilii)ii  it  HliotiM  liii  HiiilicioiiMo  point  to  llio  dear,  iinaiiibignons  words  of  tbo 
iroaiy.  I"  llit>^«  flt'iir  mid  (UmiiiliiKnoiis  words  Mr.  l'luili)s  Hcckn  to  iiftacli  a  Iiid- 
(li'iiiiu'iiniii;;  !)>■  Hiij^-^i'Mtiiij;  tliat  ct-rlaiii  '■  prc^iiostcroiiH  coiisfMiiK^ncoM"  inirlit  oimiKt 
from  ^;ivin^'  tli<'m  tin^ir  ordinary  constrnction.  lit! says  that  \vith  siicha  constnnMion 
uv(W('l  iiii;,dil  Itn  forCcilcd  tor  i  Mtcrin;^  a  pori,  "  to  i)ost  a  li^flcr,  to  send  a  tclcjirant, 
totr.iv  a  iicwHpaiKT,  tv>  oittaiii  a  i)hy.siciaii  in  ••n»i\  of  illness,  or  asnrj,'con  in  ( iuooCac- 
•idciit,  to  land  or  luinj;  oil"  a  i>aascn<,'fr.  or  i'vvii  to  Ituid  assistanco  to  tlic  inlialiitaniH, 

A  I'." 

Tlinro  aro  probably  lew  treaties  or  statntes,  tlm  literal  onforccinient  of  ,vliich  niij^lit 
lint  ill  crrtaii!  circnnistances,  produce  conMiMiueiiccH  worthy  of  beiny  described  as  pre- 
piisteroiiH. 

A'  iiio^<t,  tliisarj^nnient  ean  oiily,sn;x;;t'«t  that,  in  ••ejrard  to  lliistreaty,  us  in  rej^ard 
toc.ciy  cnactniont,  'ts  enforecnio'it  slioiild  not  be  inslHted  on  wlu^ro  aecid-ntalh.-.rd- 
sliipsor  " ]ireposterons eo;isc(jnenc('s"  ..re  likely  to eiiHn(\  Etpiity anda  natural  miiso 
of  jiiHtice  would  doubtless  lead  the  Government  with  whieh  the*  treaty  was  niad(»  to 
iilislaiii  froii:  its  vij^id  eiil'oreoinei.t  for  inadvertent  otfenses,  althcHijfli  the  rij^lit  so  to 
iiiforco  it  nii>;lit  be  beyond  (luestion.  It  is  for  this  reason  tliat,  inas'nuch  as  t\w  en- 
fiiKTincnt  of  this  treaty  to  some  extent  devolves  on  tin*  fiovcrnuKMit  of  Canada,  the 
rmliaincnt  of  the  Dominion  has  in  one  of  the  K^etions  already  (inoled  of  the  sfatnte 
nlatinnto  (ishing  by  fofei<;u  vessels  ^M  Vie.,  eaj).  <il,  see.  l'.))'intru.sted  theexeeutive 
with  (lowcv  toniitijjato  the  severity  of  those  jirovisions  wIkmi  an  appeal  to  exe,eutiv(^ 
iiitcrlBiciice  can  bo  justilied.  In  relation  to  every  law  of  a  iienal  eharaeter  thi!  same 
pnwor  forflie  same  purpose  is  vested  in  the  executive!.  Mr.  J'heljjs  will  liml  it  dilli- 
I  lilt,  liowever,  to  discover  any  authority  anions?  the  jurists  of  his  own  eonntiy  or  <.f 
iii'ati'itaiii.oramongtho  writers  on  ii.iernational  la\v,for  the  position  that,  ajjainst 
ilic  plain  M.udsof  atreaty  or  statute,  an  interpretation  is  to  be  sought  which  will  ob- 
viate ail  cliance.4  of  hardship  and  rondoc  unmeossary  tiio  exorcise  ()f  the  cxecntivo 
liiiwcr  before  nien^^ioned. 

It  might  fairly  bo  urged  against  his  argument  that  the  convention  of  1818  is  les.s 

11 II  to  an  attempt  to  change  its  plain  in-aning  than  even  a  statute  would  be.  'i'ho 
latter  is  a  declaration  of  its  will  by  tho  supremo  authority  r,i'  Hhi  state,  the  former 
wasa  ioiii])act  deliberately  and  Boleinuly  niaile  by  two  parties,  each  of  whom  ex- 
|iri'ssi'il  what  ho  was  willing  to  concede,  and  bywliat  tin'nisit  was  willing  tobebouixl. 
iftlicjtnrpo.scs  for  which  the  United  Statics  diisin^d  that  their  lishing  vess.'lsshivuld 
liavctlie  right  to  ente.r  Dritish  A(i>erican  watr^UM  included  other  than  thosoexprcssed, 
tluii' desire,  cannot  avail  tlu'ui  now,  nor  \w  a  ])retext  fir  aspecial  interpreti'iiou  alter 
llii'y  assented  to  the  words  "  and  for  no  other  purpose  whatever."  If  it  was  '"lU'ciios- 
tinius"  that  their  (isbermen  should  b(>  precluded  l:om  entering  provinci.'il  waters  "  t(. 
post  a  letter'"  or  for  any  other  of  the  jmrposes  which  Mr.  I'helpsnietil  ion,  they  would 

uolialily  ii(!ver  have  assented  to  a  treaty  framed  as  this  was.  Having  doiK^  so  they 
:  (aniint  now  urge  that  their  language  was  "  i>repo.sterous"  and  that  its  ellect  must  bo 
I (li'stroyod  by  resort  to  "interpretation." 

Iliit  that  which  Mr.  Phelps  calls  "literal  interi)retation"  is  by  no  means  so  prepos- 
;tpnmsas  he  suggests,  »vhen  tb.)  luirpose  and  object  of  the  treaty  <'onie  to  b(>  eoiisid- 
>'r(il.  While  it  was  not  desired  to  interfcii*  with  ordinary  conimereial  intercourse 
(lieUvwu  tl'e  jieople  of  the  two  countries,  the  deliberate  and  deelareil  iiiirpos(!  existed 
I im till' part  of  (Jreat  lJritain,and  tho  willingness  existed  on  th«^parl  of  the  I'nited 
j^'talis.to  secure  absolutely  and  iVeo  from  tli<!  jiossibility  of  encroachment  the  lisher- 
iiesdf  the  I'ritish  iiossessiens  in  America  to  the  peoide  of  those  [lossessions,  excepting 
instil  (I'rtaiii  localities,  in  resjiect  (<f  whi<di  special  provision:!  were  made,  'foetl'eet 
[tliisitwas  merely  necessary  that  tl.ero  should  lie  a  joint  declaration  of  the  right 
hiiiih  was  to  be  ('stabliHlied,  but  that  means  should  be  taken  to  jireserve  that  right. 
itoithis  piirimse  a  distinction  was  necessarily  tlrawn  between  the  United  States  ves- 
Iwlsciipgcd  ill  commerce  and  those  engageii  in  lishing.  While  the  loi-ner  had  free 
jnriM  to  our  coasts,  the  latter  were  placed  nn.ler  a  strict  prohiliit  ion. 
\  TlKMnupose  was  to  prevent  the  lisheries  from  being  ])oaehe<l  on,  and  to  preserve 
lllu'iato  "the  subjects  of  liis  Uritanni*',  Majesty  in  No-tb  America,  not  only  for  the 
Ipiirsiiitof  lishing'within  the  waters  adjacent  to  the  coast  (which  (^an  un(!e:  ihe  law 
|»l  iiatimiH  be  done  by  any  country),  but  as  a  basis  of  supplies  for  the  pursuit  of  (ish- 
P(!  ill  tile  deep  sea."'  l-or  this  ^u'lrpose  it  was  necessary  to  kee|,  out  f(U-'Mgn  tishing 
IvcsscIn,  excepting  in  eases  of  «lite  necessity,  no  matter  under  what  pretext  th(\v  might 
I'lMiri'locoiiio  in.  The  lislieri.s  eonbl  not  be  pre.served  to  our  people  if  <>very  one  <.r 
rtln'l  nitrd  Slates  fishing  vessels  tliafc  were  accuHtor.ied  to  swarm  iiiong  our  coasts 

"iilil  ilaiiii  the  rj;^rl,t  to  enter  our  harbors  "  to  post  a  letter,  or  send  a  telegram,  or 
fiivuiiewspiipoi    to  obtain  a  physician  in    -ase  of  illne.«s  or  a  surgeon  in  case  of  ae 
fi'li'iil.to  ■ 

p\i 

lluislit^'litcstaeiiuaintaneo  with  the  negotiati(uis  which"  led  to  tiie  treaty  of  181H, 

pi  With  the  state  of  the  lishery  «j.iestion  pnu-eding  it,  induces  the  belief  that  if  tho 

States  negotiators  bad  siiggeste<l  these  as  purposes  for  which  their  vessels 


.j ''^I'-iiii-i,  lo '!oiaiu  a  |inysician  ii.  "use  oi  moe.«'s  <m  .i  nnij;<<>ii  m  « .i.-.n  >■>  n. - 

'"''■'"'  b'  iaiid  or  bring  olV  a  passe. -.gei-,  or  even  to  h  U'l  assistance  to  the  inhabitanlH 
"'i"'.  Ihuid,  <,i-  pejtileiiciv"  ''    ">  "  l'».V  medicine."  ov  to  "  piindiase  a  new  rope." 


I. 


8>i:  j 


w 

If 


952 


AMERICAN    FISHERIES. 


I 


Hlioiild  bo  ullu\v«'<l  to  outer  onr  wiitora,  tlin  proposal  would  liav<>  been  reiectcti  an 
"mo|K>8t<'i-uuB,''  to  «iuoto  Mr.  rbt>l|m'H  own  words.  But  Mr.  I'luiipn  ivpjiearH  to  liavo 
overlooked  un  iiiiport»nt  part  of  Ihe  eiiHO  wlieii  be  Hngnested  that  it  in  a  "liieiHijitr 
ons"  eonstniPtiou  of  the  treaty,  which  would  h-ad  to  the  pnrchaspof  halt  beiimprd. 
hihited.  So  far  from  HuehaeouHtriietion  beiiifj  ayaiuHt  "its  spirit  and  plain  intent "' 
no  other  iiieaiiiiiK  wonhl  aeeord  with  that  sjiirit  and  intent.  If  we  adopt  omtof  tlm 
methods  e:Milen(led  for  by  Mr.  I'helpsof  arriving  iit  the  triu*  nu«iinin<r  of  tlio  treaty 
namely,  huvinjx  n-ferenee  t<<  tlie  "attending  cirenmslanees,"  &c.,  weTin.l  thatHoliir 
from  its  beiuj;  I'onsidered  by  the  franuMS  of  the  treaty  tliat  a  proliihition  oftlierigjit 
to  obtain  leiit  would  lie  :i  "  ,(rei)(WtcrouH"  and  an  extreun^instan^'(!,  a  proposition  was 
nnide  by  the  ITiiiled  Slat«'S  iiejiotiators  that,  the  proviso  shonldreud  ihus:  "/VorifM 
howci'tr,  That  Anieri(;au  lishermen  shall  b'.»  permitted  to  enter  snch  hays  und  liarborii 
fortiie  ]>urpose  oidy  jf  obtaiuin;;  shelter,  wood,  water,  and  /xii/,"  und  tho  insertiou 
of  the  wonl  "bait"'  was  resisted  by  the  Hritish  ne^otifitors  and  struck  out.  Aftn 
this,  how  can  it  bo  (*outeuded  that  any  rule  of  iulc-rpretatiou  would  bo  sonud  which 
would  give  to  United  Stati-s  tishernum  tlut  very  permission  whicli  was  soiij;lit  for  on 
their  behalf  durinjjj  the  uej^otiations  suceessfnlly  resisted  by  the  Lbitish  representa- 
tives and  deliberately  rejeeted  by  the  franiiTft-of  the  eonveution^' 

It  is  a  well-known  fav^t  that  the  ne;;otiatituis  pn  (■edinir  the  treaty  had  referoiiee verv 
larjiely  to  the  «leep-sea  fisheries,  and  that  the  r;j;ht  to  purchase  bait  in  tho  Iiarlmrsiif 
the  Ikilisii  ]>o8ses.s' ms  for  tlu»  «leep-seafishin)j  wasono  which  the  rnitortStateslislier- 
men  were  iiitentiouallyc^Kclnded  from.  Keferriujj  to  the  dillieul  ties  which  mibscipiently 
arose  frcuu  i'.n  enforcement  of  the  treaty,  an  American  author  w>,yH : 

"  It  will  be  Ke(ui  that  most  ot  those  diniculties arose  from  a  clian;;o  in  tlm  eliaracter 
of  the  lisherios  ;  cod  beinjjf  cau<;ht  on  the  banks,  were  seldom  piusued  within  tbo;i- 
nnlo  liuiit,  and  yet  it  was  to  cod,  and  perhaps  halibut,  that  all  the  early  ncj;otiationB 
had  referred. 

"The  mackerel  fishinjr  had  now  sprnnp  up  in  the  (Julf  of  St.  Lawrence,  andliaii 
]>roveil  extremely  proliiiU)le.  This  was  at  that  time  an  inshore  fishery."  (Sohnyier'n 
Anierican  Diplomacy,  pajje  411.) 

In  further  amplilication  of  this  arfjument,  the  undersijjued  would  refer  to  tlie  views 
set  forth  in  the  memorandum  belore  mentioned  in  the  letters  of  Mr.  Itayaril  in  May 
liiHt,  anil  to  tho,«e  presented  in  the  report  of  the  minister  of  marine  and  tislicries,  ap- 
]iroved  on  l]u-  1  tth  .Mine  ultimo. 

While  believing,  howe\er,  that  Mr.  I'helps  cannot,  by  resort;  to  any  Hueh  matteni, 
successfully  establish  a  dilferent   eonstruetion  for  the  tri^aty  from  that  whiih  lis 
words  present,  the  nndersijined  submits  that  Mr.  I'ludps  is  mistaken  iw  to  Ilit'ri;;ljt 
to  rem)rt  to  any  mattersoutside  the  treaty  itself  to  modify  its  plain  words.    Mr.  rheljis 
e.\pre«8es  his  contention  thus :  "  It  seems  to  me  clear  that  the  treaty  may  bu  consiil- 
en-d  in  accordance  with  those  ordinary  an«l  well  settled  rules,  api)licablo  to  all  written 
instruments,  whieh  v.ithout  BUchsaluUiry  assistanco  unnt  constantly  fail  of  tlielrpur- 
pose.     Hy  the.se  rules  the  letter  often  gives  way  to  the  intent,  or  rather  i.s  only  used 
t<»  tiseortain  the  intent,  and  the  wbido  document  will  be  taken  tof^e^ther  and  will  lie 
ccmsidere<lin  connection  with  the  a  ttendinjx  circumstances,  the  situation  of  the  parties, 
and  theobjeet  in  view,  and  thus  the  literal  nn-auingof  an  isolated  clans  d  in  oi'tennhwu 
not  to  be  the  lUeanini;  really  tuiderstoodor  intended."     It  may  he  readily  adniittedtlmt ; 
such  rules  of  interjirctalion  exist,  but  when  are  they  to  be  applied?    (Inly  when  lu- 1 
terpretation  is  neces.sary — when  the  words  are  jdain  in  their  ordinary  nuaninjr,  the  | 
task  of  interpretation  does  not  iMJ^^in.     Vattel  says  in  r(>ferenee  to  the  "  interpretation  | 
of  treaties"  :  .    j 

'•The  first  general  maxim  of  interpretation  Ih  thot  it  is  not  oU,"rnHe io  interpret mt  | 
hanno  need  of  interpretation.     When  the  «leed  is  worded  in  clear  and  iirecnw  terms, 
when  its  moaning  is  evident  and  leiwls  to  no  absurd  eonelnsion,  there  can  I'f  """'"f" 
for  refusing  to  ailmit  the  meaning  which  such  deed  naturally  presentH.    I'^R""  j' 
where  in  warcli  of  conjectures  in  order  to  restrict  or  extend  it  is  but  an  attemittt  ] 
elude  it. 

"  Those  cavilers  who  dispute  the  sense  of  a  clear  ami  determinate  article  are  aicns- 
tinned  to  seek  their  frivolous  sulderfuges  in  th<>  pretended  intentions  and  views  wi'M 
they  attribute  to  its  author.     It  would  Ih»  very  oft^n  clangcrons  to  enter  wHJ' '"  j^.  | 
into  the  disi-ussion  of  these  su)>posed  views  that  are  point<'d  (Uit  in  the  1'"'"'   vj  j 
The  IbUowing  rule  is  better  calculated  to  foil  such  cavilers,  and  will  »•  ""H'""'^."", 
all  chicanery:  //  he  who  vould  and  out/ht  io  hare  exi^Uiincd  hinmlf  c''""'' l!""' -^"^ , 
Han  not  doHP  it,  it  in  thv.  trome  for  him ;  he  cannot  bo  allowed  <j\V''V>!!.'.'.',.''  "i". 
re^^trictioMH  which  he  liiut  not  expresstd.  "  " " 


This  is  a  maxim  of  the  Uoina,  '■|^^J^;);| 


tionem obneuram  iw  u»uri'  [ t  iis  noc'ere]  in  quorum  fuit potfMate  hgvm  tqHrtw  vm      ^ ^^^ 

luity  of  this  rhlo  is  glaringly  «d»vious,  ami  its  necessity  is  not  Uiw  ( 
(Vattei's  Interpretation  of  Treaties,  lib.  ii,  cliap.  17.) 


The  eouity  of  this  rhlo  is  glaringly 
Vattei's  Interpretation  of  Treaties, 
•Sedgwick,  the  Anierieaii  writer  on  the 


,.  .  'aUniHtruction  of  Statutes'' (.m;l;S; 

are  ctuiHtrued  by  much  the  sanio  rnlen  as  statutes),  says,  at  pa;{e  i.m.         ,,n,iuu-i 
•H  wo  shall  coustantly  »oe,  «ardinal  and  nnivers-il;  but  if  the  statute  i.s  piam 


AMERICAN   FISHERIES. 


053 


liavi^  bfCMi  reiccti'd  as 
Vli<Mp»  apitoarH  to  have 

tliiit  it  Mu  "laeiiojtiT- 
clia.seof  bait  bfliiigpro- 

I>irit  !Ui(l  plain  intent," 

If  wo  adopt  (in«  of  the 

.1  nu'anin<iof  tiiotri'aty, 

&c.,  wo  tiiiilthiit8ol'ar 

im)liibitiiiii  of  the  right 
•taiico,  iipn)|)nsition\v;w 
Idroad  Uius:  "/VonVM, 
r  Hiich  bays  and  Imrhors 

hail,"  1,11(1  thoinscrtion 

and  Htnick  out.  After 
I  woiiUl  bo  Bound  which 
rhicli  was  souijht  for  on 
r  tho  BritiHh  reprewnta- 
tiou* 

troaty  bad  reforonce  very 
ISO  Imit  ill  tlii^liiirhorsdf 
1  tlic  I  'nitort  StatcHlisher- 
iiltioHwbichHubseipieDtiy 
r  w>,y,s : 

a  chaiific  in  tbo  character 
)m  pnrsuod  within  the  ;i- 
ill  the  ourly  uegutiatioiis 

of  St.  Lawrence,  and  had 
loro  tisliory."    uScbnyiers 

I  woiibl  refer  to  the  viows 
(irN  of  Mr.  liayard  in  May 

niariiio  und  iislierios,  ap- 

M>rt  to  any  such  inattm, 
mty  from  "that  which  its 
,s  ii'iiHtakcii  auto  tlicri^bt 
rt  plain  words.  .Mr.I'heilis 
tho  troaty  iiwy  be  coiwiil- 
rt,applicabii>  to  all  written 
•(mstantly  fail  (if  their  pur- 
tout,  or  rather  is  (inly  used 
akon  toKP^liT  and  will  he 
tho  HitnatioiHif  the  parties, 
dated  tdaiud  in  oi'ten  ch'iwu 
avboroadilvadinitti'dtliiit 
,  "iippliedf  ■  Only  when  111- 
hoir  ordinary  nieaninj;,  the 
Puco  to  tho  "  interpretation ; 

ytall-rahkiolnUrprttiMl 

II  dear  and  precise  terms,  j 
sion,thorocanbeuorea8oni 

rally  proHontH.   Togoete-i 
„„d' it  iH  but  an  attempt  to 

lerminato  article  are  aocos- 
h.tentionHaiidyiewKW" 
,}jor<>u8to.M.terwilb  lie   I 

,t<-dont  inlbopH'wMtse';. 
«,andwillat(mcee..Uh 

,,,  tointHMliiceHnliHCiMj 
l^ofthol^.mallaw.  i«<;| 

'osHiiy  in  n<.t  \m  evident. 


Miibipions,  thero  Ih  no  room  for  (um.striiclioii  or  intorprotation.  Tho  Icfrinlaturo  haH 
Hpoken;  their  interprotation  in  froo  fVoin  doubt,  mid  tlioir  will  immt  booboyod.  'It 
may  be  pr(ij)er,'  it  haw  boon  said  in  Kontiioky,  '  in  fiiyin^ra  ooustniction  to  I'l  statiito, 
to  look  to  tiio  od'ootH  and  ooii.so<|UonoeH  w  hcii  its  provisidii.s  nro  aiiild^ii(>ii.s  or  tho  leg- 
islative intoiition  i.s  doubtful.  IJut  wlitui  tho  Inw  i,s  cloiir  and  oxplioit  and  itH  pro- 
visionH  aro  KHHceptiblo  of  but  ono  intcriirotation,  ifovil.  can  only  bo  avoidod  by  u 
clianijo  of  tho  law  itsolf,  to  bo  ctVectod  by  lojiislativo  and  not  Judicial  action.  "So, 
t(M),'it  is  said  by  tho  Snprnnio  C'lirt  of  tho  I'liitod  States,  'whon^  a  law  i.s  jdain  and 
iinanibiKuoiiH,  whother  it  bo  oxpronsod  in  ;jceiioral  or  limited  tonus,  tho  lof^iHlaturo 
shonld  lio  intondcd  to  moan  wliiit  thoy  luvvo  jdainly  oxiircssod,  and  consoqucntly  no 
riKini  in  left  for  oonstnu;tion.' " 

At  the  tribunal  of  arbitration  at  (Jcno.n,*  hold  nndor  tho  Wasliinjrton  troaty  in  187'..', 
a  similar  (|uostion  aroso.  (lounstd  for  Iior  Majesty's  (iovoriimont  prosonted  a  supplo- 
ineutid  ariiumont,  in  which  tho  ordinary  nihis  for  tho  intoriirotatiou  of  troatios  wore 
invoked.  Mr.  Evarta,  ono  of  tlio  oounsi  I  for  th(^  United  States  and  aiterwurds  Sec- 
retary (H  Stato,  made  ii  Knpplenicnt;il  n^ply,  in  whicdi  tho  lollowiuf^  jia.ssaj^o  occurs : . 
"At  the  close  of  tlu)  special  ur<iiiment  wo  lind  ujior.eial  prosontation  of  canons  for  tho 
constnietion  of  treaties  and  some  ;;onora;  observations  as  to  tho  lijjht  (U'tlie  contnjll- 
inj;  reaHon  under  which  tlieso  rules  of  tho  troaty  should  bo  couistrued.  The.se  sng- 
jiestions  may  bo  briclly  dismis.sotl.  It  certainly  would  bo  a  very  great  reproach  to 
tlieso  nations  which  liad  deliberately  tixed  upon  three  projiositions  as  expressiivo  of 
tho  law  of  nati(mH,  in  their  jutlgmcnt,  for  tho  iinrjioses  of  this  trial,  tliat  n  rosoi't  to 
general  instructions  lor  tho  purpose  of  intori»retation  was  necessary.  P^lcvon  canons 
of  interpretation  drawn  from  Vuttel  aro  ]>re&ented  in  order,  and  then  several  of  them 
a8  the  case  suits,  are  applied  as  valuable  in  elucidating  this  or  that  point  of  the  rules, 
lint  the  learned  counsel  has  omitted  to  bring  to  your  notice  tlio  first  and  most  general 
rnlcof  Vattel,  which  being  onco  understood  would,  as  wo  think,  dispense  %vith  any 
cousideratio.i  of  the»e  subordinate  canons  which  Vattol  has  introduced  to  be  used  only 
incase  his  first  general  rule  does  not  ap])ly.  This  first  ])roiu)sitioii  is  that  '  it  is  not 
aUoicnhle  to  interpnt  vliat  han  no  iircdo/ intii-2>retation.' "  (Washington  Treaty  I'apers, 
vol.  iii,  ftp.  44(i-7.) 

In  a  letter  of  Mr.  Hamilton  Fish  to  the  United  States  minister  in  England  on  tho 
same  subject,  dated  Ajiril  1(5,  1872,  the  following  view  w<is  set  forth:  "Further  than 
this,  it  appe.'irs  to  aw  that  tho  principles  of  English  and  American  law  (and  they  i\,u^ 
snlistantially  the  same)  regarding  tlio  consirnction  of  statutes  and  treaties,  and  of 
written  instruments  generally,  would  preclude  the  seeking  of  evidence  of  intent  out- 
side the  instrument  itsolf.  It  might  bo  a  painful  trial  on  which  to  enter  in  seeking 
the  oiiiiiions  and  recollections  of  jiartios,  to  firing  into  conflict  the  difleront  cxjiecta- 
tions  of  those  who  were  engageu  in  tho  negotiation  of  an  instrument."  (Washington 
Treaty  Papers,  vol.  ii,  ]>.  4t.i.) 

But  even  at  this  barrier  the  diflliculty  in  following  Mr.  Fhe'ips's  argument,  by  which 
lie  seeks  to  roach  tho  interpretation  ho  desires,  does  not  end.  After  taking  a  view  of 
the tieaty  which  .all  authorities  thus  forbid,  ho  say.s:  "Thus  regarded,  it  afipears  to 
nic clear  iliat  the  words  '  for  no  other  ]>urposo  whatovor,'  as  employed  in  tho  treaty, 
1IIC.1U  (or  no  other  purpose  ineonsi.stent  with  the  provisions  of  the  treaty."  Taken  in 
that  Heiisji  the  words  would  leave  no  meaning,  for  no  other  i>urposowould  bo  consist- 
ent wilhtho  treaty,  exco]ttingthose  .nentione<l.  Iloprocoitds,  "  orprejiu.icial  to  the  in- 
terests of  the  jiroVmces  or  tlieir  inhabitants."  If  tho  United  Slates  luithorities  are 
the  judges  as  to  what  is  prejudicial  to  tho.se  interests,  the  tro.ity  will  iiave  very  little 
vabie;  if  the  provinces  are  to  be  the  judges,  it  is  most  iirojudicial  to  their  interests 
that  United  States  fishermen  should  b»*  iiermittod  ftt  come  into  their  harbors  im  any 
pretext,  and  it  is  frtal  to  their  fishery  interests  that  those  iishcrmon,  with  whom  they 
have  to  eonijiote  at  such  a  disadvantage  ir  the  markets  of  tho  United  States,  shonhl  be 
alhiwed  to  enter  for  supplies  anil  bait,  ov.-n  for  the  imrsnit  oJ'  the  deep  sea  fisheries. 
Itefore  eoiududing  his  remarks  on  this  subject,  tho  uudorsigiiod  would  refer  to  apas- 
Nagc  ill  the  answer  on  behalf  of  the  United  States  to  the  ease  of  Her  Majesty's  (Jovorn- 
iiunt  .IS  ]ire8euted  to  the  Halifax  Fisheries  ComniiHsion  in  1877:  "Tho  various  inci- 
dental and  reciprocal  advantages  of  the  treaty,  such  u.i  tho  privileges  cd'traflic,  pur- 
fliasin^,  bait  and  other  supplies,  ani  not  tho*  subjecd.  «d'  (  •mi'ensation.  because  tho 
treaty  of  Washington  confers  no  such  rights  on  the  inhabitants  of  the  United  States. 
t(*«H()i()  tnjoti  them  merely  hy  »ufferancv,  and  who  can  at  ain/  time  he  deprived  of  them  by 
tke.  nfurcnient  of  existing  lawn  or  the  re-tnartment  of  former  oppressive  HlaliitcK." 

Mr.  IMieliw  has  made  a  lengthy  citation  from  tho  Imperial  act,  .VJ  George  III,  cap. 
'W.  lor  the  purpose  of  establishing— 

iHt.  That  the  penalty  of  forfeiture  was  not  incurred  liy  any  entry  iiilo  JJrilish  ports. 
iinleHs  aeeoinpauied  by  fishing,  or  jireparing  to  fish,  Avithiu  the  jirobibitcd  limits. 

Al.  That  it  wa.H  not  the  intention  of  Farlianient,  -u-  its  iiiidcrstandiug  of  the  tn^aty, 
that  any  otln!r  entry  nhould  be  n<gar«ied  as  an  infraction  of  the  provisiuusof  that  a<!t. 

•  (Jeuov.i. 


SI 


05i 


AMERICAN    riSHERTES. 


Ri 


An  ri'^anlN  tlio  Ijittcr  iioint,  it  m-oinH  to  lir  «'irt'(!tiiiil).v  dispose.',  of  Uy  tlio  (luotnti 
which  Mr.  I'holps  h:i.s  iinuh-.  Tiio  act  lu'iinits  lishorincn  of  tiiol'iiiti-ii  .states to (•iit"" 
info  tlio  liays  or  Iiarhors  of  his  Hiit-iiiiiic  Majesty's  «loiiiiiiions  in  Aincrira  fm- (I '. 
ltiirii()s«'H  named  in  tlu«  treaty,  "  nnil  for  no  other  ])nrposo  whi.'tover,"'  and  alter cnid' 
in;;  tho  i)eiialty  of  forlVitnrc  in  rej^ard  to  cortain  oll'enses,  p.ovidcs  ii  penalty  of  £20i) 
Hterlinjj  against  any  person  otherwise  odendinK  a^fainsttlio  act.  Itcaanot,  tliciofon. 
ln>  sureessfully  contended  that  rarlianient  intended  to  ]»erniit  entry  into  tho  liritisli 
American  waters  for  the  pnrclnvso  of  bait,  or  for  any  other  than  tho  imrnoHcs  Nnociliiil 
in  tho  treaty. 

As  to  th»^  first  point,  it  is  to  be  observed  that  tho  penalty  of  forfcitiiro  was  cxprMslv 
l)rononneed  as  applicable  to  the  oll'enseof  lishin;;  or  preparinjj  to  lisli.  Jt  mavlM'tiiat 
forfeitnre  is  incurred  by  other  illej»al  entry,  contrary  ti»  tlio  treaty  and  coiitraivto  the 
Htatnfe.  It  in.iy  also  bo  contended  that  propariii};,  within  f  Inrprolilhitcil  limits  to 
fish  in  any  jilaco  is  tho  offense  at  which  tho  penalty  is  aimed,  or  if  may  \h\  that  the 
))rej>arin;i  within  theso  waters  to  fish  is  evidence  of  prepsiring  to  lisl-  within  tlionro. 
iiibited  waters  under  tho  Imperial  Mfatnte,  and  especially  uiidor  the'.'aiiacliatistiitiitc 
which  jilaces  the  burden  of  proof  on  tho  defendant.       '  ' 

Th«»  undersigned  does  not  propose  at  this  time  to  eut«r  into  any  elaborate  ar"iiiiipnt 
to  show  the  >f rounds  (»!»  whi(  hfho  penalty  of  forfeit uro  is  available,  becausn  thattinos- 
tion  is  one  which  is  more  snitablo  for  determination  by  tho  courta,  to  wIdso  dtcisioii 
if  li:iH  lu'en  referred  in  the  very  case  under  consideration. 

'I'lie  decision  in  the  case  of  the  David. I.  Adams  will  b(>  soon  iirononnccd,  and  astiio 
(iovernment  of  Canada  will  bo  bound  by  tho  iiltiinato  .jndjiment  of  coinpi'lcnt  au- 
thority on  this  (|iicstion,  and  cannot  bo  expect  oil  foacquicHco  in  the  viewof  tlioUnittd 
States  (iovernment  without  such  jv  Judjjnicnt,  anyar<{umont  of  tho  case  in  (lk|ilomati(! 
form  wonUl  bo  \>reinatur(^  ami  futile. 

In  onler,  however,  to  show  that  Mi.  Phelps  is  in  error  when  ho  assiimea  that  the 

*:.■..*  ,.,..,..4 _...,< :,.,.  1.:.  i *..  ..: «..  *  i...  » i..  :..  : .1 :ai.  1  • 


]>racticii1  construction  hilhcrfo  jiivoii  to  tho  treaty  is  in  accoidaine  with  his  views, it 
is  as  well  to  state  tlnit  in  tho  year  1^15  tho  commanderof  one  of  Her  Majcsty'.s ships 
of  war  sci/eil  four  I 'nitcd  States  fishin;;  vcssoIh  (sec  Sabine  on  Kislicrics),  ami  a;,'ain 
in  H17  the  Imjierial  (lovernmi'iit  acted  on  tho  view  that  they  had  tlii!  iii;ht  tosiizi' 
forei^in  vess«'ls  encroach  injj  on  the  fishing;  grounds.  Instructions  weiHussiied  hy  Great 
Ibifain  to  H«Mze  forei^jn  vessels  liKliin^  or  at  anchor  in  any  of  the  harliors  or  (Ticks  in 
tho  British  North  Americ.-m  ]tossessioiis,  or  within  their  maritiino  jiirimlictidii,  ami 
send  them  to  Halifax  for  adjudication.  Several  vessels  were  seized  and  iiildriiiation 
was  fully  communicated  to  tli<>  (lovernment  of  the  I'nited  Slates.  I'his,  it  willlHi 
remcinben-d,  was  not  oiily  beroro  the  treaty,  but  b«<loro  tho  Iiniterial  act  abdvo re- 
ferred to. 
The  followinj;  were  th(^  words  of  tho  admiralty  inHtructions  then  i.sHiicd: 
"On  yonr  nn'clin;;  with  a«iy  forei;;n  vesstds,  lisliin<;  or  at  anchor  in  any  iif  tho  har- 
bors or  creeks  in  His  Majesty's  North  American  Provinces,  or  within  om- inaritiiiH' 
jurisdiction,  you  will  seize  and  send  such  vessel  so  trospassin^i  to  Halifax  loradjiKJi- 
c.ifion,  unless  it  should  clearly  ajipear  that  tlioy  havo  boon  obli;;ed  to  put  in  therein 
c(Mis«'ciiicnco  ot  disfrcNH,  acipiaintin;;  me  with  tho  cause  of  such  wiziiro  and  every 
other  ]>arf  iciilar,  to  enable  mo  to  givo  all  information  to  tho  lords  coiniiiiHMoners  nl 


tho  Admiralty." 

I'lider  flieso  instructions  eleven  or  twelve  American  fishing  vessels  wcni seized  in 
Nova  .Scotia  on  .)uno  H,  Ixl7,  in  consc«|ueiice  of  their  frc(iuentiii};  some  oftlie  harlmrs 
of  that  i>rovin«'o. 

In  IHlM  the  fishinj;  vei-wds  Mabby  and  Washinjjton  wore  seized  and  condemned  lor 
enferinj;  and  Jiarbonn^;  in  Uritish  American  waters. 

In  IKt.'V  tho  .lava,  Iiidciiemlciice,  Majjnoliu,  and  Hart  were,  seize<l  and  conliscated, 
fho  principal  char;;o  beiiij;  that  they  were  within  IJrifish  American  waters  without 
loyal  «'aus<'. 

-     •  -  --  •      ■      bail. 

■ized 

.     _    _  ,  V      t'f  111!  ['      III    11  i^  »*      J  Jl  lllir,  .»  I.   i\    •»'.      !■■•  -  ■■■_-,    

to  a  harbor  of  that  jirovinco  after  wariiinn  i">d  w  ithont  iicc<>ssit\. 

In  t  ho  yearlHTl  the  yiiifed  States  fishing  ves«clJ.l!.NickorsiMi  was  s»Mzed  for  having 
piirclinNcd  bait  within  three  marine  miles  of  Nova  8<'otiaii  shore,  and  condeiiiiied  )J 
the  judgment  of  Sir  William  Youny,  chief  justice  of  Nova  Scotia  and  jiidK<'Oi  ™' 
court  of  vice-adniiralt V.     Tho  fcdiowint;  isapassayo  fi«nn  his  jiidj;;mcnt: 

"The  vcHHol  went  iii^  imt  to  obtain  water  or  n^>ii,  as  the  allc^talioii  says,  biittopur- 

/...l.:,.l I    i.,1..-    :.    : :....«,.  j;^!.  \    nml  1 1  u'llM  ((mtcllllt'" 


In  HlO  tho  r.-ipineau  and  Mary  were  w'ized  and  sold  for  imrchasin;,'  bail. 
In  the  sj.rin;,'  of  IHIU  a  irnifed"  States  lishin,<;  vessel  named  the  Charles  was  wized 
lid  c(Miilemned  in  fho  vico-admiralfy  court  in  Now  Hrunswick  for  liaviiii,'  leHoiici 


AMERICAN   FISHERIES, 


955 


"f  liy  (1m5  (iMotiition 
'iiuU'M  .-states tiicntci 
H  iii_  Aiiicricu  for  tli« 
vcr,"'  uiKlaftorciiact- 
(h's  11  licnally  ofjCiOO 

Ilcuiiiiot,  tliertifori', 
entry  into  the  ItritWi 
tlio  imrpoKcs  Hpccilied 

rfeitiiro  was  oxprcssly 
)l;8h.  It  may  lie  that 
y  and  contraiy  to  tln^ 

I)r()hil)iti'(l  limits,  to 
or  if  may  lio  tliatllic 
:o  lisl'  within  the  pni- 

tho'Jauiulian  statute, 

ly  cliiboriito  arumiicnt 
)le,  Ix'caiisi!  tliat(iiu's- 
rts,  to  whoso  (li'cisiou 

roiiouiiccil,  and  as  tlio 
KMit  of  coin])i'l('iit  ail- 
the  view  of  tho  United 
ihocusu  ill  ili4iloinatic 

II  lie  uHsiiiiiea  tliat  the 

im«i!  with  liis  views,  it 

of  Her  Majesty's  siiips 

Finh('rii's),  ami  a;,'iiin 

liad  tht!  ii;,'lrf,  to  seize 

IS  wvw  issuiMl  liy  (ireat 

i(>  hailtors  or  ereeiisiii 

itiiiic  jurisdiction,  and 

soii^iMl  and  inforiiiatinii 

(|!it('«.     'I'iiis,  it  willlie 

Impotlal  art  above  re- 

thoii  is.siit^d : 
iclior  in  any  of  the  liar- 
ir  witiiin  our  maritime 
r  to  Halifax  foradjuili- 
ilij;t'(l  to  i)utin  tlieivin 
iiicli  sri/iiro  and  every 
lords  coiiiiuiHsiiineis  ol 

r  vcsw'ls  were  seized  in 
liiftHoiiieoftiicliailiftrs 

izcd  iind  I'ondcnuied  lor 

seized  iind  coiiliscated, 
mericivn  waters  witiioi't 

pcliasin;,'  bait.  . 

I  tlioChaili'swasitcizw 

ick  for  liiiviiii;  reHorted 

Hsity.  „    ,     ■  . 

on  wiLHSci/edforliavui),' 

liore,  an.l  •■oudeinm'd  hy 

^cotiii  and  judK«oltlie 

I  indf'nu'ii*  *• 

,:Ut ion  says,  but  tn  pur- 

In.anditwas.onteiKH 
I  on  sncli  .'Ulerin};.  1  "■ 
was  to  bo  eoneedei  II 
istooinn.ortautai.at 

uilhestal.M'iU'"'-^!'!;' 
,,,„,  )1„.  .oiirt.aRlliii 
„j„d«n.rut.    Wiiatnm) 


liiifairly  and  jiiHtiy  insiHtedon  \h,  thiit  beyond  the  fonr  ])nrposnf;H))ccilied  in  tlin  trojity— 
shelter^ repairs,  water,  and  wood— here  isanotlu'rjnirpose  or  claim  I'lotspecilied,  while 
til,, treaty  itself  declares  that  no  such  other  purpose  shiiU  l)e  received  to  jiislify  an 
entry.  It  appears  to  moan  inevitalile  conclusion  that  the  J.  il.  Nickerson,  in  entering; 
the  Day  of  Ingonisli  for  the  purpose  of  prociirin}^  bait  while  there,  l)ecamo  liable  to 
forfeiture,  and  npon  the  trnts  coiiHtructiim  of  the  treaty  and  acts  of  rarliainent  was 
jeijally  seized."    (  Vide  Hniifax  Com.,  vol.  iii,  p.  XVJ9,  Washiuston  edition.) 

hi  view  of  these  seizures  ai>d  ol  this  deciHlon  it  is  dillicult  to  understand  the  follow- 
ing' passa^jcs  in  the  hotter  of  Mr.  Phelps  : 

"TJiepracticaleonstriiction  j>iven  to  the  treaty,  down  to  the  present  time,  has  been 
111  entire  accord  with  the  eoiiclnsions  tlins  deduced  from  the  act  of  rurliament.  The 
llritishtiovernmeut  has  repeatedly  refused  to  allow  int<'rference  with  American  lisli- 
iiifj  vessels,  unless  for  illegal  tishinj;,  and  lias  j;iven  explicit  orders  to  the  contrary." 

".ludieial  authority  niton  tiie  (luestion  is  to  the  same  etlect.  That  the  purchase  of 
liait  liy  American  fishermen  in  the  provincial  ports  has  been  a  common  practice  is 
well  known,  but  in  no  case,  so  far  as  I  can  ascertain,  has  a  K<!izuro  of  an  American 
vessel  ever  been  enforced  on  the  jrronnd  of  the  purchase  of  bait  or  of  any  other  snp- 
|ilies.  On  the  hearinjj  before  the  Halifax  Fishery  Commission  in  1877-'78,  this  ques- 
liiin  was  discussed  and  no  ease  could  1)0  produced  of  any  such  condemnation.  Ves- 
sels sliown  to  have  been  condemned  wore  in  all  cases  adjudf,ed guilty,  either  of  lishing 
(ir  preparing  to  fish  within  the  proiiibited  limits." 

Althoujjh  Mr.  I'helps  is  under  the  imprcsaion  that  "in  the  hearing  before  the  H.ili- 
f;ix  Fishery  Commissiiui  in  1877  this  question  was  discussed  and  no  case  could  ))e  pro- 
(liiicd  of  any  such  condemnation,"  the  fact  aitpears  in  the  rec(uds  of  t  hat  Connn  ission, 
;is  pnl)lislie(i  by  tho  Government  of  the  United  States,  that  on  a  discii:,sion  which  there 
iiiiise,  the  instances  above  mentioned  were  nearly  all  cited,  and  tho  Judgment  of  Sir 
William  Young  in  the  case  of  tho  J.  H.  Nickerson  was  presented  in  full,  and  it  now 
appears  iiiiiong  tho  papers  of  that  Commission,  (See  vol,  iii,  DocnmcMits  and  I'ro- 
leediuKs  <d'  Halifax  Commission,  page  'Xi'M,  Washington  edition.)  The  deci.sion  in 
the  ease  of  the  J.  H.  Miekerson  was  subsequent  to  that  in  tho  caseof  th(^  ^Vilit^^  Fawn 
iiieiitioned,  to  the  exclusion  of  all  the  other  cases  referred  to  by  Mr.  I'helps.  Whether 
thatdeeision  should  be  reallirmed  or  not  in  a  «iue8tiou  uioro  stutabli!  for  judicial  de- 
termination than  for  discussion  here. 

lilGUT  nv  THE  DOMINION  PAULIAMKNT  TO  MARK  FI.SIIKIIY  KNACTMKNTS. 

Mr.  riiolps  deems  it  unnecessary  to  point  out  that  it  is  not  in  tho  power  of  the 
Canadian  Parliament  to  alter  or  enlarge  tho  ])rovisions  of  the  act  of  the  Imperial  I'ar- 
liiimeiit,  or  to  give  to  tho  treaty  cither  a  constrnetiou  or  a  legal  eilecl  not  warranted 
hy  that  act. 

No  attempt  has  over  boon  inado  by  tho  Parliament  of  C.inada,  or  by  that  of  any  of 
the  provinces  to  give  a  "construction"  to  the  treaty,  but  tlii)  undersigned  siiluiiits 
that  the  right  of  the  Parliament  of  Cai.atia,  with  tiie  royal  as.sent  given  in  the  man- 
ner provided  in  the  constitution,  to  jiass  an  act  on  this  subject  to  give  that  treaty 
elleet,  or  to  protect  the  peoi)le  of  Canatla  from  the  iiifringeinent  t)f  the  treaty  i>rovis- 
ioim  is  clear  beyimd  «iuestion.  An  act  of  that  i)arli!iment,  duly  i)assed  aecoiding  to 
coimtitiitional  forms,  has  as  much  the  force  of  law  in  Canada,  and  binds  as  fully 
oHeiide'H  who  may  come  within  its  Jurisdiction  any  sut  of  tiie  Imi»erial  Parliament. 

Tlieell'orts  made  cm  the  part  «if  tli(!  (Jovernmentof  the  United  .states  to  deny  and 
refute  the  validity  of  eoloni.-il  statutes  on  this  subject  have  been  cuiitinncd  for  many 
years.and  in  every  instance  liavo  been  set  at  naught  by  tho  Imperial  autlnaities  and 
hy  the  judicial  tribunes. 

In  May,  1870,  this  vain  contenticm  was  completely  abandoned,  a  circular  was  issued 
hy  the  Treasury  Department  at  W.'ishingtou,  in  wllich  circul.ir  the  persons  to  v, '.loin 
it  was  sent  were  authorized  and  direc'cd  to  inform  all  :iiasteis  of  lishing  vessels  that 
the  authorities  of  the  Dominion  of  Canada  had  resolved  to  terminate  th<>  .system  of 
1,'mnting  lishing  licenseH  to  foreign  vessels. 

The  eiiTular  proceeds  to  state  tho  terms  of  tho  treaty  of  1H18  in  order  that  United 
slates  lishermeu  might  bo  informed  «)f  tho  limitation  thereby  iilaced  on  th<ir  privi- 
'•'KON.  It  i>roceed8  further  to  set  out  at  largo  the  (.'anadian  ait  of  lHli8,  relating  to 
lishinnliy  foreign  vessels,  wliich  Las  been  hereinbefore  referred  to. 

Tim  lishermeu  of  tho  United  States  were  by  that  <ireular  expressly  warned  of  tho 
imtiiro  of  the  Camwlian  statutes  which  it  is  now  once  more  iu-et<niled  is  withoutforee, 
hut  no  iutimati.m  was  hiveu  to  those  fishermen  that  these  provisions  were  nugatory 
aim  would,  bo  resisted  by  tho  United  States  (iovernment.  I,est  there  should  be  any 
luiHappreheimion  on  that  subjec^t,  howevei,  on  .June  !l  of  tlu^  s.inie  year,  less  than  a 
iiioiith  alter  that  circular,  another  circular  was  issu»'<l  from  the  sanm  Department 
«talm;r  again  tho  terms  of  tho  treaty  of  1H18,  and  then  containing  the  foilowing  par- 
apaph:  "  Fishermen  of  the  Uniteil  States  are  bound  to  respect  the  liritish  laws  for 
tlie  regulation  and  proservation  of  the  fisheries  to  tho  same  extent  to  wiiieh  thoy  are 


i)5fi 


AMERICAN    FISHERIES. 


ai)i»liial>l«>  to  Itrilisli  aii<l  Canadian  lisliornion."  TluiHJiniixMiTiilur,  noticiiijrtluMliiiiw 
uiado  in  the  Canallian  liHhcry  act  of  IHCiH  l»y  tlir  aniondnifnt  of  1m7ii.  in.ikiHthisnliJf 
vation  :  "  It  will  lie  ol)m'rvtMl  tiiat  tlio  warning  lonucriy  );ivi'n  in  iml.  it'iiiiircilniid.r 
tlio  anicnilcil  act,  but  that  vessels  ticspaHMinj;  aro  liable  to  8t'i/in«  withdiitsutii 
warniu;;." 

THK  CANADIAN  STATUTK  OF  Itirtti. 

Mr.  riu'lpH  In  nuain  under  an  trroneouH  iuiiHeHHion  withrejrardto  tlio  statute  intto- 
dnei'd  at  the  last  setiNion  ot'the  |)oininiou  I'ailiiiniinit. 


He  is  infornied  that  "  ninety  the  nei/ure  "  the  Canadian  anthoritics  lijivo  imssiHl  or 
are  |)reNHin^,  tliron^h  the  Canadian  Parliament  in  niueh  haste,  an  act  wlijch  iHdraiL'u'cd 
fi>r  the  lirHt  time  in  the  IfiHtory  ot'the  le;;ihlatnro  under  tliirttreaty,  to  make  the  I'mts 
upon  whiih  the  Auu'rican  ve8t>elH  have  hetin  Hcizetl  ille>;al,  and  to  uuthori/.e  prncwj. 
iu;;H  a^aiuHt  them  therel'or. 

The  follow in;i<d).servat  iouH  are  nppropriatu  in  relation  to  tluB  pa.ssajjo  of  Mr.  riieliw's 
letter: 

(1)  The  act  which  he  refers  to  wn.s  not  piiMHed  with  haste.  It  wuh  jiiMwt'd  tliroiijjli 
the  two  houhCN  in  the  n.^ual  manner,  and  with  tli«>  cdiservance  of  all  t he  uhiuiI  forms, 
ltn  i)assaK»'  oeenpied  piohalily  nioro  lime  than  wa.s  oceiipied  in  tho  passa^o tiiri)iii;li 
the  Con;ire.ss  of  (he  Cnited  States  of  a  measure  w  liicb  poKMCBSi'H  nnali  the hhiuc ciiar- 
ucter.  and  which  will  lie  referred  to  hereafter. 

(*.i)  'I'he  act  has  no  hearing;  on  tlie  hci/nns  referre<l  to. 

(;{)  It  does  not  niak((  any  act  ille};al  w  Inch  was  lejjiil  before,  hut  declares  what  pen- 
alty attaches  to  tho  oU'enhcs  which  were  already  ])rohibited.  It  may  bo  obaervedin 
reference  to  the  charj^es  of  "undue  haste,'' and  of  "  Icj^islatiuf^  for  tho  lirst  tiiuiMii 
the  history  of  tlu'  lc;;islation  under  the  treaty."  that  before  the  statute  referred  to  had 
become  law  the  l.'nited  tStutes  CongieHSpa»tH.'d  a  utatuto  coutaiuiug  the  follu\rinj;i>ec- 
tion : 

"That  whenever  any  foroifin  country  whose  vessels  havo  been  i>lacc(lou  the  same 
foot  in^  in  the  ports  of  United  iStates  tui  American  vesstds  (t  he  coast  wise  trade  excepted) 
shall  deny  to  any  vessel  of  tho  Cnitcd  States  uny  of  tho  c(Uiunereial  i»ri\  ilexes  at- 
cordi'd  to  national  vessels  in  the  harbors,  ports,  or  watereof  such  foreign eountiy, the 
I*rc>«itlent,  on  iH'ceivinj;  satisfactory  infornuition  of  the  continuance  of  hiicL  disdim- 
in.itions  against  any  vessel  of  the  United  States,  is  lu'reby  authorized  to  i«.sue  his 
]u-oclamation,  cxcludin<;,  on  and  after  such  time  as  lie  nniy  indicate,  fnmi  t lie  exiniso 
of  sn<  h  comnu'n-ial  privilej^cs  in  the  ports  of  the  United  States  as  are  denied  to  Ameri- 
can vessels  in  the  ports  of  each  foreij^n  country,  all  vessels  of  such  foreign  eoiiiitrjof 
a  similar  character  to  tho  vessels  of  tho  llnite<l  States  thus  discriminated  ajiaiiist,aud 
suspemlinj;  such  concessions  ])reviously  granted  to  tho  vessels  of  such  country;  and 
on  and  after  the  d.ite  named  in  such  pri>clanuiti<U)  for  it  to  take  effect,  if  the  muster, 
oflicer,  ov  ajj^nt  of  any  vessel  of  sinh  foreij^n  country  exclinlctl  by  said  iiroclaiuatiou 
from  the  exercise  of  any  commercial  i>rivile;;cs  shall  do  any  act  pioliildted  bysaid 
l>roclaniation  in  the  jiorts,  harbors,  or  watt-rs  of  tho  United  States  for  or  oiiaiwmut 
of  sinh  vessel,  such  vessel  and  its  ri{;;iin<^,  tackle,  furniture  an<l  boats  and  ail  the 
Ijoods  on  Itoard,  shall  be  liable  to  seizure  and  to  forfeiture  to  the  United  Stalis;  and 
any  i>erson  opposin,"^  jiny  oflicer  of  the  United  States  in  the  enforcement  "f  this  act, or 
aidiii";  ami  altetfin;;  any  other  pcrsoii  in  such  opposition,  shall  forfeit  %;~00 and sliall 
be  K»ilt.v  "*  '"i  niisdemcanor,  and.  upon  conviction,  shall  be  liable  to  imprisoiimentlor 
:i  t<T!n  not  cxceedin;i;  two  vcars."     (Sec.  17  of  act  No.  t*r>  of  Congress,  i*^).) 

This  enactment  has  all  the  features  of  hostility  which  Mr.  Thelps  lias stisnmtizcd 

as  "  unprecedented  in  the  hist<uy  of  leyislatiou  under  the  treaty."' 

« 

KNI-'onC'EMENT  OK  TIIK  AC:H   WITHOUT  NOTtCK. 

Mr.  riielps  insists  upon  what  he  rejjardsjis  "obvious  lirounds  of  reason  and  justice 
and  "  upim  comnKUi  principles  of  comity,  that  previous  iioti<f  shoiilil  have  been ),'iven 
of  the  now  stringent  restrictions"  it  wsis  inttnidod  to  enforce. 

It  has  alreiMlv  been  shown  that  no  new  resirictions  have  been  atleinjited.  Uiecase 
of  the  Davi.l  .1.  Adams  is  proceeding'  under  tho  stattitcs  which  have  lieeu  enlorcea 
during!  the  whole  timo  when  tho  treaty  had  operatiwn. 

it  is  true  that  for  a  short  timo  prior  to  tho  treaty  of  \Vashint,'t«n,  •■»"' V) '"'" .''^1';^ ' 
fations  exist^'d  of  such  a  treaty  beiiiK  arrived  at,  the  instrncti«mN  of  IHa*.  w""^"''" 
eit«>d  bv  Mr.  rhel|»s,  w<to  issui^d  by  tho  Iini'f  rial  authorities.  It  is  likewise  true  i  .n 
nnder  these  instructions  the  ri-jhts  of  Her  Majesty's  sul.,ie<!ts  in  <'''''i''y\^7'^'fl  .nir- 
sisted  on  in  t  heir  cut  iret  v.  Theso  instructions  were,  obviously  appluable  to  '"'I' 
ticiilar  timo  at  which  anil  the  particular  circuiuBtances  under  which  they  were  imi 
by  Her  Majesty's  Uoveruuient. 


AMKRICAN    KISIIEUIES. 


!I57 


jinl  to  tlio  Hlaf  ute  intto- 


H  passaj^o  of  Mr.  I'lielps'it 


Hut  it  is  olivioiwly  iinfaii  to  itivoko  Mioiii  now  iindi^r  wholly  dincront  circuiiiHtiuicoH 
(iNi'HtiildiHliinK  it  "  practicul  (■(•iiHtructioii"  of  tlio  trciity,  or  uh  iill'onliii^  any  jjiouiid 
torcliiimiii;;  that  tho  iiwlnlK«Mi(!o  which  tln\v  (^xtoTitioil  whoiihl  h(^  iioriMiMial. 

riio  fiNlicry  daiiHOH  of  tho  Troaly  of  WaHhiiiKtoii  w<'id  aimullcMl  hy  a  notico  from  tlin 
(idviTiiiiHiit  of  tho  United  Stut^JH,  and,  as  liaH  alioady  hooii  ..rKed,'  it  wonid  Hooni  to 
l,;i\o  lict'ii  J  ho  dntyof  that  (Jovcniinont.ratluTthan  of  th(^  (Jovoininont  of  Canada,  to 
have  wiinicd  it.s  own  ^M-oplo  of  tlio  oonwciuoncfH  which  must  i'nHU(«.  'Wii.s  wan  dono 
1,1  K(i  l>y  tlio  cin-nhuH  froni  tho  TrtiaHury  Dopartnioul  at  \VaH!iinj;ton,  and  might 
well  liavi^  Ix'cn  tlono  at  tliis  tinio. 

Mr. rin>l|>«  l'''>« ''«'"»  P'"*a«''''  to  .stigmatizo  "tho  action  of  tlio  Canadian  authority 
ill  seizin;;  and  Nt  ill  dotaining  tho  Davitl  J.  AdaniH"  oh  not  <mly  unfriendly  and  dis- 
,  iiiiittdiis,  hut  alt'o^^othcr  nnwarrantahlo. 

Il(!  prorctKlH  to  Htato  that  that  vessel  "  had  violated  no  existing;  law,"  althon^jh  his 
lilttr  cites  tho  Htalnto  which  she  had  tliroctly  an<l  ]dain)y  violated;  and  lu  states 
that  Nile  "  had  incurred  no  i>enalty  that  any  known  statute^ imi»o,sed";  while  ho  has 
(linctcd  at  largo  tht»  wonis  whi«rh  inllict  a  penalty  for  tho  violatu)n  of  that  statute. 
lli'dctlaivs  it  Recms  inipossihlo  j'or  liini  to  escajio  the  eonelnsion  that  '•  this  and  sinii- 
lir sci/iucs  were  matUi  Ity  the  Cauiwlian  authorities  for  t1u(  delilierato  |iurpose  of  har- 
iissiii;;  and  eudtarrassing  the  Amefiean  fishing  vessels  in  the  pursuit  of  their  lawful 
iiiiiiloynient,"  and  that  tlio  injury  is  very  much  aggravated  hy  tho  motives  which  ap- 
liiiir  til  have  ])ronipte<l  it. 

lie  ])rot('M,ses  to  have  found  tlui  real  soiirco  of  the  ditTiculty  in  the  "  irritation  that 
lia,s  taken  jilaco  among  a  portion  of  tho  Canadian  peojile,  on  account  of  the  ti^rmina- 
liiiii  liy  the  United  .States  (jovernnicnt  of  tho  WaHliington  treaty,"  and  in  a  desin^  to 
(liivetlie,  United  States  "  hy  harassing  and  annoying  their  lishermen  into  th(!  a<hip- 
liiMiota  IK  A'  treaty,  by  which  (Jaiiadian  tish  shall  he  admitted  free,"  and  he  declares 
(liiit  "this  schcmo  is  likely  to  prove  as  mistaken  in  policy  as  it  is  unjustihablo  in 
lirinciiile." 

He  ini(jht,  perhaps,  have  more  aceuriitcly  .stated  tho  real  source  of  tho  ditlieulty, 
liiid  ho  8u;;ge8ted  that  tho  United  States  authorities  have  long  endeavored,  and  arti 
sliliemloavoring,  to  obtain  that  which  by  their  solemn  treaty  they  delilierately  re- 
iimineed,  and  to  deprive  the  Canadian  peoi>lo  of  that  which  by  treaty  tlie  Canadian 
liiiiple  lawfully  acquired. 

The  people  of  the  I'ritish  Nortli  American  Provinces  over  since  the  year  1818  (with 
\\w  except  ion  of  those  jieriods  in  which  tho  reciprocity  treaty  and  tin*  iisliery 
rIaiiHes (if  the  Washington  treaty  prevailed),  have,  at  enormous  expense,  and  with 
Ureiit  ditlieulty,  been  protecting  their  tisberics  against  eiicroachinents  by  lishermeu 
of  the  United  States,  carried  on  under  every  form  and  pretext,  and  aitled  by  such  de- 
nunciations as  Mr.  I'helps  lias  thought  jirojier  to  reproduce  on  this  occasion.  They 
vidiie  no  less  now  than  they  formerly  did  the  rights  which  wore  secured  to  them  by 
the  treaty,  and  they  are  still  indisposed  to  yield  those  rights,  either  to  individual 
ii^JKressiou  or  otliciail  demands. 

The  course  of  the  Canadian  Government,  since  the  rescision  of  the  tisliery  clauses 
iif  the  Washington  treaty,  has  been  su'di  as  hardly  to  merit  tho  asjiorsioiis  which  Mr. 
I'helps  has  used.  In  ord»T  to  avoid  irritation  and  to  meet  a  desire  which  the  Govern- 
ment represented  by  Mr.  I'helps  professed  to  entertain  for  tlie  settlement  of  all  ques- 
liims  which  could  reawaken  controversy,  they  canceled  for  six  months  after  the  ex- 
jiiratittn  of  those  clauses  all  the  benefits  which  tho  United  States  fishermen  had  en- 
joyed under  them,  although,  during  that  interval,  the  (jrovernuicnt  of  the  United  States 
cufdreed  against  Canadian  tishenncH  the  laws  which  those  iishery  clauses  had  sns- 
piMided. 

Mr.  Uayard,  the  United  States  Secretary  of  State,  has  made  some  recognition  of 
tiiewfaetH  in  a  letter  which  ho  is  reported  to  have  written  recently  to  the  owners  of 
I'avid  J.  Adams.     Ho  says : 


the 


"More  than  one  year  ago  i  sought  to  protect  our  citizens  engaged  in  fishing  from 

re^nhs  which  might  attend  any  possible  misunderstanding  between  the  Governments 

enireat  Ihitain  and  the  United  States  as  to  the  measure  of  the'r  mutual  rights  and 

linvilej^i's  in  the  territorial  waters  of  liritish  North  America.     After  tho  termination 

of  the  fishery  articles  of  the  treaty  of  Washington,  in  Juno  last,  it  .seemed  to  me  then, 

and  Hoenis  to  me  now,  very  hard  that  diiferences  of  oiiinion  lietwcen  tho  two  Govern- 

nieiitHNhim Id  cause  loss  to  honest  citizens,  whose  lino  of  obedience  might  be  thus 

;  '^'"''"I'd  vague  and  uncertain,  and  their  property  be  brought  into  jeopardy.     Influ- 

j  weed  liy  this  feeling,  I  jirocured  u  temporary  arraiigement  which  secured  our  fisher- 

[  nwi  full  enjoyment  of  all  Canadian  fisheries,  fre«(  from  molestation,  during  a  iieriod 

winch  wouhl  iiennit  discussion  of  a  just  inti'rnational  settlement  of  tho  whole  iishery 

'juestiou;  hut  other  counsels  prevailed,  and  my  efforts  further  to  protect  fishermen 

ifmsiich  trouble  as  you  now  sutler  were  unavailing." 

{   At  the  end  of  the  interval  of  six  months  tho  United  States  antliorities  concluded  to 
I  "ram  from  any  'ittempt  to  negotiate  for  larger  fishery  rights  for  their  people,  and 


958 


AMERICAN    Fl8IIKliIES. 


thpy  liavo  roiitiiuHHl  to  onftirco  thoir  ciiHtonm  laws  ft;;ftiii.st.  tlio  (iHlioriiiDii  uiid       i 
oft^iuiinlii.  '  "1"'' 

Thr  lfas(  tlicv  r<»iil<l  liavti  lii'cti  cxpcctiMl  to  do  niulcr  tlioso  <iniiiiist(iiin's  wii 
Ic.ivo  ti>  fill"  piMipIc  of  Ciiimiliv  llio  full  and  niniiicNtioMod  t-iiJoynuMit  of  t|io  liL'hts  ' 
inrt«d  to  llu'iii  l>y  troiiiy.     Tli«  (Jovcnimcut,  of  Canada  liftM«iniply  in,si:<t(Ml  uiioiiihr, 
ri;;lils  and  has  iin'MiMiti-il  to  tlit>  U«Kal  tiiltnnalu  itH  ilaini  to  liavii  tlicin  ciifoici'd     "*' 

Tl((>  insinnations  of  ulforior  niotivcH,  tho  iinpntationH  of  niifiimdlv  (iisiioHitidii 
an<l  tlii<8ingnlarly  inaccnrato  roproHcntation  of  all  tho  loadinj;  ffatinvHof  tlmnne 
tions  nniltT  diHciisMion.  may,  it  liiM  l»i'(>ii  UMsiiincd,  lio  paHsod  liy  with  litlli)  moriMoiM 
iMcnt,     Thi'y  aro  hardly  likidy  to  indiico  lior  MaJoHty's  (lovoinnifiit  to  wwrirKTtl ! 
ii;,'litH  which  th«y  hav«  lu>rotoforo  helped  our  pooplo  to  protect,  and  tlitv  arti  tJi 
taniiliar  to  auaUen  indignation  or  Knrpris*^ 

I'lu'  iin(h'r«i;;ned  lespeetfnlly  reeoniineml.s  that  the  HiihHtttneeof  tliiHiiimiioniuiiiiin 
if  approved,  he  forwarded  to  thi>  Herretary  of  ntato  for  the  colonieM,  for  tho  inform i' 
tion  of  Her  Ma.jcsty'H  tiovernniout. 

'  *  .  .'N().  S.  1).  THOMPSON, 

Ottawa,  ./«///  2*2,  18%.  ^ 


No.  8. 


'IT 


,' 


«S'/r  Ij.  West  to  iUr.  Ilayard. 

WASUINGTON,  f/«M«<U7/  L'S,  1887. 
(Uec-tiivtMl  .laimaryL'll.) 
Siu :  Witli  rofVrom'o  to.vour  notesol'tlic  lUth  suid  'JOtli  ofOctoljerlast, 
I  have  tlie  lionor  to  transmit  to  you  luTcwith  copy  of  a  tlispatdi  from 
thf  ^'ovt'i'iior  jronciiil  of  Caiijula  to  IFcr  Majesty's  secretary  of  istatefor 
the  cohmies  relative  to  tiic  cases  of  the  Anjericau  iisliiiiji  vi'ssels "  IViiii 
Nelson"  and  "Everett  Steele,"  which  [am  instructed  bylliTMiijeety's 
l)rincii)al  secretary  of  state  for  foroij^jn  affairs  to  coiuiiiuiiicate  to  the 
United  States  (jovernment. 
I  have,  «S:c., 

.    ,.;      /        L.  S.  SACK VI LLE  WEST. 


'-)  ■  ;  <'   *  |Iii<-loHiin' ill  iu»U«  or  January  28.  t 

The  Marqtm  of  Lamhoivnc  to  Mr.  Stanhope. 

GovKBNMKNT  Hou.si;,  lhccmhcr'3,W<'- 
Silt:  I  hatl  the  honor  of  receivinj^  yonr  <lispatch  of  tho  titid  of  Noveiiilirriiircf.'an! 
to  theeaw)  of  t  h«)  "  Kvorott  Stcclo"  and  "  I'earl  Nelson,"  recently  detaiiiciliit  Skllmm 
and  Arichat,  Novu  Scotia,  for  itoii-coinpliauco  with  tho  cnstonis  rcguliitious  of  the , 
Dominion.  j 

Tho  eircuniHtances  under  which  tho  conduct  of  these  vcsstds  attracted  the attPiiiion , 
of  the  customs  authorities  were  sot  out  in  tlio  privy  council  orders  of  tho  IHtiinlAo-  j 
veniher,  ccrtilicd  copies  of  which  were  forwarded  to  you  under  cover  of  my  dispaUlies 
of  the'jyth  Noveniher.  , 

Tho  information  contained  iu  these  documents  was  ohtained  in  order  to  i'oiiiih)' 
with  tiio  n^nnest  for  **  •■•■""•■^  <>•>  tiw«i..  ti>-<>  <.i>u<.u  <i-iiii>i>  ^'on  iimi  riililrr>sM'd  toiiioliytcl* 


-  u  rejwrt  ou  these  two  cases  whidi  you  hail  addressed  to  mo n.v if'' 
date.  I  have  now  carefnilvoxamined  the  fuller  HlateincntHiiiiiil''") 


e;{rani  on  a  previous  dan-.  iijjm;iiw«  i^iiKiun;)  t.vinnun.i.i.v,  .....v. ,1 

Mr.  JJayard.  hoth  as  to  tho  facts  and  iw  to  the  consitlerations  hy  wliieli  tliooomlnriiji 
I  lie  hjcal  oflicials  should  in  his  opinion  havo  hecn  governed.  Vou  will  I  tluuKiim- 
on  reference  to  tho  jirivy  council  orders  already  heforo  yon,  that  tlio  iirgmm'Hii'''"" 
vauced  hy  Mr.  Ihiyard  liavo  been  suflicieully  met  by  the  observations  of  my  luiuisier 
of  marino  and  llsheries,  whose  reports  aro  embodied  in  those  orders. 

It  is  not  disputed  that  tho  "  Everett  Steele"  was  in  Shelburiio  Harbor  011  tuei)ia 
March  and  .sailed  thence  without  reporting.     In  consequence  of  thisouiission  on  i 
master's  part  Lis  vessel  was,  ou  her  return  to  bhelhurue,  iu  J*eptcuiber,  dotameu  .  j 


AMEUICAN    KISUKRIKS. 


\)i}\) 


\  llHhorimMi  mid  pcoiilu 


I'luiftliisincTnorimdinii 


UKVILLH  WEST. 


till)  collector.  '!'•'«'  ""iHti'i-  liuviiif,'  cxiiluiiiiMl  tliiifc  liin  im-Hciicc  in  tliolmrhorliiul  brmi 
,iiciiHi"ii<"<l ''.V  wt'<'**-'<  *;*"  Willi  lnT  anil  tliat  liis  liiiliii(>  U)  rfpori,  w.is  iiiadvcrli'iit.aiHl 
ihiHt'xpliiiiatioii  liiiviiij;  bcoii  trlc^ri(|tl)fil  to  tlio  ministi  r  of  niiiriiit)  at  Oltiiwa,  (lin 
vcMSfi  wiiM  at  (inco  allowed  to  i)nic«wil  to  (M-a;  iiur  ruteuso  took  jiiaco  at  noon  on  lluj 
(liivt<ill"^^''"n  ""'*'  o*  !'•''■  «lftiMition. 

ill  till' (  ami  oftlio  "rcail  NclHon  "  it  in  not  (h'nii  il  tliat  nintMif  in  rcn-w  wi'ic  landcil 
ill  Ariiiiat  llailior  at  a  lato  lionr  in  tlu^  cvminj;  of  In  r  arrival  and  licfoic  tin-  iiiaHti-r 
|:ii(lii>iiort('(l  to  llio  cnMtoin-lion.so.  It  is  oUvionis  that  if  ntcn  ^V(■l■(^  to  lio  allowed  to 
(jiMiii  nlnire,  under  Huch  circnnrntanecN,  witlnnit  notitiiatioii  to  (lie  anlliorilies,  ;;real 
l;i(ilitii's  would  1>«  ()rtVre(l  for  landin^^eontraliand  };oodM,  ami  there  ean  lie  noi|iu'sti<<ii 
thiittlio  master,  by  itermittinj;  IiIm  men  to  land,  was  ^^nilly  of  a.  violation  of  Meetions 
i'liiml  IWtof  tlio  cUHtoniH  art.  There  Hcems  to  be  reason  to  dimlil  his  Niatenient  that 
liiMvas driven  into  Ariehat  by  Ntress  of  weather;  but,  be  this  us  it  may,  Ibe  fact  of 
iiis having'  entered  the  liarbor  for  a  lawful  imrpose  wonlil  not  earry  with  it  a  rijrlit  to 
I'vadotlie  law  to  wliieli  all  vessels  iVeiiiienlin;^  ('anadian  iioits  are  amenable.  In 
lliiscase,  as  in  that  <d'thn  "  Kver<'tt  Steele,"  already  relerred  to,  the  statement  of  the 
iiiastir  that  liiHolfenHO  WUH  duu  to  inadvortciico  wuh  uccopted,  and  tlio  lino  iniiio.sed 
lit  (inco  remitted/ 

I  (iliscrvo  that  in  Lis  dispatch  relating;  to  :lio  (Irst  of  thcHe  ease.s  Mr.  Hayard  insists 
Willi  iiiuch  earnestnesH  njK  the  fact  that  eertain  "  prerojjatives"  of  access  to  tlie 
jirritmial  waters  of  the  Doniinioii  were  specially  reserved  nncUu"  (he  convention  of 
i-is  to  tlio  lishernicn  of  the  I'nited  States,  and  that  a  vessel  enteriiif^  ii  Canadian  har- 
I  III  lor  any  piiri»08t)  «;oniinj;  within  tho  terms  of  article  I  of  that  <:onventi()n  has  iis 
iiiiiili  riji;ht  to  lui  in  that  harbor  as  sho  would  have  to  bo  upon  the  hij^h  Kca.s,  and  he 
|irn((T(lH  to  iimtitutoii  comparison  between  the  detent  ion  of  the  "  Everett  Steele"  and 
ilii'  wr(Mi;;fid  seizure  of  a  vessel  on  the  hi<;h  seasniion  the  suspicion  of  beinj;  eii'ja'^ed 
ill  the  slave  trade.  Mr.  Hayard  furtlicr  calls  attention  to  the  special  consideration  to 
'vhiili,  fmm  the  circumstances  of  their  jnofession,  the  tishermen  of  llie  United  Statics 
iiiv,  in  his  opinion,  entitled,  and  he  dwells  upon  the  extent  of  injury  which  would  re- 
sult t(i  them  it'  they  were  debarred  from  tho  exercise  of  any  of  the  rights  assured  to 
iliriii  liy  treaty  or  convention. 

!  <ilist'rve  that  in  Sir  .J  nlian  raiun-efote's  letter  imdosed  in  your  dispatirh  it  is  stated 
iliattlic  secretary  of  stale  I'or  forei^jn  allairs  wishes  to  nrj;e  ii|ion  the  Dominion  (Jov- 
1'niiiii'iit  the  j^reat  importance  of  issuinjj  stringent  instructions  to  its  ollicials  not  to 
iiitirU'rc  with  any  of  tho]irivilej;csexi)ressly  reserved  toUniti-d  States  tishennen  iin- 
ilir  Article  1  of  the  convention  of  1818. 

I  trust  that  the  explanutioiiH  which  I  have  already  been  abb)  to  give  in  reyard  to 
llu^  cases  of  these  ves.solH  will  havosatislied  you  that  tho  facts  disilostd  do  not  show 
liny  iirccssity  for  th<<  issnin;;  of  instructions  other  than  those  already  circulated  to  the 
liiial  ollicials  intrusted  with  tho  execution  of  the  customs  as  (ishery  law. 

Tliire  is  certainly  no  desire  on  tho  jtart  of  my  (3overnnient  (nor,  I  believe,  does  tiie 
cnmluct  of  the  local  onicialsjustify  tin*  assiimption  that  such  a  desire  <!xists)  to  cur- 
tail in  any  respect  the  ])rivile^cs  enjoyed  by  United  States  lishermen  in  Canadian 
watirs.  It  cannot  on  the  other  hand  iie  contended  that  because  these  privilcfjes  exist, 
ami  aio  adiiiitted  by  tho  Governnumt  of  tho  Dominion,  those  who  enjoy  them  are  to 
ill!  allowed  immunity  from  the  rejiulations  to  which  all  vessels  resorting  to  Canadian 
waters  are  without  exception  subjected  iindor  tho  cuatoins  act  of  1883  and  tho  diller- 
iiit  titatiitos  relating  tho  fisheries  of  tho  Dominion. 

Ill  both  of  the  cases  under  consideration  there  was  a  clear  and  undoubted  violation 
of  till!  law,  and  tho  local  ollicials  would  have  bi-en  culpable  if  they  had  omitted  to 
iiotici)  it.  That  there  was  no  animua  on  their  part  or  on  that  of  the  Canadian  Gov- 
tmiiipiit  is,  I  tliinlv,  clearly  proved  by  tho  jiromptitude  w  ith  which  tho  circumstances 
wiTo  iuvestigatcd  and  tho  rcadineos  shown  to  ovcrlool;.  the  ollense,  and  to  remit  tho 
penalty  iiicnrrcd,  as  soon  as  proof  was  forthcoming  that  tho  oifenso  had  been  nnin- 
:  tciitioiially  committed.  In  support  of  this  view  1  would  draw  your  attention  to  the 
letter  (.see  iiido.snro  to  uiy  disjiatch  of  Si'.Mh  November)  of  Mr.  Phclan,  tho  consnl- 
p'licral  of  the  United  States  at  Halifax,  who  has  expressed  his  own  satisfaction  at  tho 
iictioiiof  tluwuithoritics  in  the  case  of  the  "  Pearl  Nelson, "and  who  also  refers  to  acom- 
iimniealion  received  by  him  from  the  Deiiartment  of  State,  in  which  it  is  stated  that 
■lieeoiuhict  of  the  assistant  commissioner  of  customs  indealing  with  two  other  caries 
"1  a  Riumwhat  similar  complexion  "  shows  u  i)ropor  Hpirit." 
Ihave,  &o., 

.      ,-;      .  LANSDOWNE.     r 


' 


i 


!k;() 


AMKUICAN    FISIIKKIKS. 


II CORRESPONDENCE   BETWEEN   THE  DEPARTMENT  OF  statf 

AND  THE  UNITED  STATES  LEGATION  IN  LONDON. 


No.  \K 
Mr.  liai/anl  to  Mr.  I'lulps. 


No.  158.] 


SiK: 


Depaetmknt  of  Statk, 

WdHhintfton,  Nonmbcr  12,  im>. 
*  •  I  hav*^  already  written  you  asking,'  wlietlicr  rioni  (lu- 
llritihli  foreifjii  ollicc  you  coiiIU  obtain  ii  eopy  of  the  report  lirst  iiiadc 
by  tlu^  otlieer  in  conuiianU  of  the  (vanadian  vessel  by  who.m  the  Nciioonor 
David  J.  Adams  was  seized,  and  you  will  ju'reeive  IVoiii  the  reply  of 
Mr.  (iraliain,  who  represents  the  iJanadian  (Joverninent  in  the  Mill  in 
the  vice-admiralty  court  at  Halifax,  that  he  declines  to  promise  to  pro 
<luce  thti  rejjorta  made  by  these  ollieers  at  tiie  tiiiM^  of  tlic  Kciziiic  in 
whieh  the  causes  for  such  action  would  naturally  b(!  set  forth. 

in  the  course  of  your  <rorresi)()n<lencc  or  conversation  with  Lord  ]|| 
dles'.eijfh  it  mij^ht  lu;  well  to  draw  his  attention  to  the  dillieiiltics  tlinnvn 
in  tie  way  of  the  American  llshermen  in  not  beiu};  iieriiiitted  toharii 
the  nature  and  extent  of  the  offense  with  which  they  were cliarffcd, mid 
so  bo  comi)elled  to  ;;o  to  trial  without  those  certainties  of  iilli'pttioii 
which  are  held  in  courts  of  justice  to  be  incumbent  upon  flie  chiiinaiit 
beforti  ho  is  entitled  to  recover  in  any  suit. 

It  really  ajtpears  that  this  method  of  ('anadian  procedure  is  iHlittliii;; 
the  important  principles  involved  in  the,  international  ipiestioii  iiowiiii 
dor  consideration  between  the  United  {States  and  (Ireat  JJritaiii. 
I  am,  &c., 

T.  F.  JJAYAKI). 


^/■.  ■'  .  '   ,   ;'^^^-■;No.  10.  ■/-,;■■• 

* '  Mr.  Phdits  to  Mr.  Bayard. 

No.  303.]  TiEOATiON  OF  Tin:  Unitkd  States, 

Jjondon,  December  .5,  18S(>.     (Keceived  December  11.) 

SlE:   Keferrinj;  to  your  several  instru(;ti(»n8  on  the  subject  of  the 
Canadian  fisheries,  luimbered,  respectively,  452    •    •    •    i  Imve  the 
lionor  to  inform  you  that  on  the  L'Ttli  November  I  addressed  ii  note  to  j 
Lord  Iddesleigh,"lh'r  3I;ijesty's  secretary  of  state  for  ioivlan  afliiirStj 
inclosing  a  copy  of  your  instructions,  No.  452,  relative  to  the  case  olf 
"jNIarion  (Irimes." 

()u  the  .'JOth  November  I  had  an  interview  with  his  lonlsliip,  in  wli 
the  subject  of  the  instruction  above  mentioned  was  discussed. 

On  the  2d  December  I  addressed  to  him  another  note  in  piirsuiviiceot| 
instruction  No.  458,  asking'  that  the  solicitors  for  the  owners  of  the  flsli 
in{.f  vessel  "David  J.  Adams"  may  be  furnished,  for  use  in  tlK'suitcou 
cerning  that  vessel  now  i)ending  at  Halifax,  with  copies  of  the  oriuinal 
reports  mentioned  in  that  instruction,  showing  the  char^jes  upon  wlnca! 
the  soizura  was  origlmilly  made.  i  v       i 

I  have  thi.s  day  received  from  Lord  Iddesleigh  a  note,  dated  Novem- 
ber ao,  in  reply  to  mine  addressed  to  him  ou  the  11th  of  September  last,^ 


AMEKICAN    I'lSHKRIES. 


961 


MENT  OF  STATE 
LONDON. 


Statk, 
ornuhcr  1-',  IHSd. 

;  wln'tlu'r  rniin  the 
o  loport  lirst  iiiiulc 
whoni  tli«'  NclKMiiicr 

IVoin  Uio  ii'itlyof 
iiuMit  in  tlic  suit  in 
<  to  proiiii.sc  to  |»r(i- 
Hi  of  tln^  sciziiro,  ill 
)  set  tortli. 
ition  witli  Lord  id- 
odilUc-ulticstliruwii 

IMTinitti'd  tolcarii 
y  were  cliiirfjctl,  and 
iiutii's  «)1"  iiUosiiti"" 
:,  upon  tlio  (dainiaiit 

oeednre  is  ludittlini; 
ml  <iuostioii  now  nil- 
Irent  15iitaiii. 

T.  F.  IJAYAUl). 


iTKi)  States, 
veil  Deccmbei'  H-) 
II  the  snbiect  of  the 

*  •    •    1  have  the 

I  uiUlressed  a  note  to : 
lor  tbrei}jn  afiairs,  ^ 
tivetothecaseottliCj 

,islor(lsliii>,iiiwliiclij 

s  (liscnsseil.  L 

•  note  in  pnrsuanceot 
i,e  owners  of  till' li'Sli- 
lor  use  in  tlic  suit  con- 
copies  of  the  orisiua 
e  charges  upon  whicli 

,.  note,  dated  Novcm- 
1th  of  September  last, 


oil  ibe  subject  of  the  sjiine  HshoricH,  a  copy  of  which  has  heretofore  been 
transmitted  to  yon. 

And  I  have  now  Hent  a  note  to  Lord  Iddesleigh  acknowledging  the 
receipt  of  hiscoiumunication,  and  saying  that  I  nliouhl  at  an  early  date 
submit  to  him  some  considerations  in  ruply. 

••••••'•■ 

1  ha\ «'  the  honor  to  inclose  herewith  copies  of  my  notes  above  referred 
to,  dat<  1  November  27,  December  2,  and  of  Lord  Iddesleigh's  note  of 
November  ;M). 

I  hav:,  &c., 

E.  J.  PHELPS. 


[IncloBure  1  hi  Xo.  393.  | 

Mr.  Phelpa  to  Lord  Iddenleigh, 

Lkoation  of  the  Unitkd  Statks, 

London,  Novfmher)i7, 188(5. 
My  Loud:  I  have  tlie  bouor  to  transmit  herewith  a  copy  of  an  iiistrnction,  under 
(late  of  Novoraluir  6,  1886,  received  by  me  from  tiie  Secretary  of  State  of  the  United. 
.stateH,  relative  to  the  case  of  the  Unite<l  States  tishiug  vcHsel  the  "Marion  Grimes.  " 
The  siiliject  is  so  fully  i)re8en.,cd  in  this  document,  a  copy  of  which  I  am  authorized 
by  tho  Secretary  to  place  in  the  hands  of  your  lordship,  that  I  can  add  nothing  to 
what  is  llierein  wt  forth,  except  to  request  your  lordship's  early  attention  to  the  case, 
which  appears  to  be  a  very  flagrant  violation  of  the  rights  secured  to  American  tish- 
ermen  under  the  treaty  of  181b. 
I  have,  &c., 

C.  J.  PHELPS. 


[Inolosure  2  ill  No.  393.1 
Mr.  Pheljisto  Lord  Iddetleigh. 

Lkoation  of  tub  United  States, 

London,  December  2,  188f). 

My  Loud:  Referring  to  the  conversation  I  had  the  honor  to  hold  witli  your  lord- 
ihip  on  the  30th  November,  relative  to  the  request  of  my  Government  that  the  owners 
of  the  "  DavidJ.  Adams"  may  be  furnished  with  a  copy  of  the  original  reports,  stating 
the  charges  on  which  that  vessel  was  seized  by  the  Canadian  authorities,  I  desire 
now  to  ]»lace  before  you  in  writing  the  groun<ls  upon  which  this  request  is  preferred. 

It  will  he  in  the  recollection  of  your  lordship,  from  the  ]irevious  correspondence 
relative  to  the  case  t)f  the  Adams,  that  the  vessel  was  first  taken  i)088e8sion  of  for  the 
iilli'ged  offense  of  having  purchased  a  small  quantity  of  bait  within  the  port  of  Digby, 
ill  Nova  Scotia,  to  be  ustnl  m  lawful  fishing.  That  later  on  a  furt  her  charge  was  made 
i^aiust  the  vessel  of  a  violation  of  some  custom-house  regulation,  which  it  is  not 
'  liiiiueil,  so  fur  as  I  can  learn,  was  ever  before  insisted  on  in  a  similar  case.  I  think 
I  liav(Miiude  it  clear  in  my  not<*  of  the  2d  of  Juno  last,  addressed  to  Lord  Rosebery, 
then  foreign  secretary,  that  no  act  of  the  English  or  of  the  Canadian  Parliament 
existed  at  the  time  of  this  seizure  which  legally  justified  it  on  the  ground  of  the  pur- 
ibaseof  bait,  even  if  such  an  act  would  have  been  authorized  by  the  treaty  of  1818. 
And  it  is  a  natural  and  strong  inference,  as  I  have  in  that  communication  pointed  out, 
that  tilt)  charge  of  violation  of  custom-house  regulations  was  an  afterthought,  brought 
forward  iu  order  to  sustain  proceedings  commenced  on  a  ditlcreut  charge  and  found 
untenable. 

In  the  suit  that  is  now  going  on  in  the  admiralty  court  at  Halifax,  for  the  purpose 
of  coiuleiuning  the  vessel,  still  further  charges  have  been  added.  And  the  Govern- 
ment of  Canada  seek  to  avail  themselves  of  a  clause  in  the  act  of  the  Canadian  Parlia- 
ment of  May  22, 18t)8,  which  is  in  these  words :  "  In  case  a  dispute  arises  as  to  whether 
»Dy  seizure  has  or  has  not  been  legally  made  or  as  to  whether  the  person  seizing  was 
or  was  not  authorized  to  seize  under  this  act  *  •  •  the  burden  of  proving  the 
illegality  of  the  seizure  sLdll  bo  on  the  owner  or  claimant." 

I  cannot  quote  this  provision  without  saying  that  it  is,  in  my  judgment,  in  viola- 
tion of  the  principles  of  natural  justice,  as  well  as  of  those  of  the  common  law.   That  a 

S.  Ex.  113 61 


9G2 


AMERICAN    FISHKRIKS. 


iiiiiii  Mlionld  li<  tliarnfd  by  jM»lln>  «»r  nxooutive  oHirwrH  with  th«  ciiiiiiiiJHMidi:  nf  n,  t 
li'iiHc  iiikI  tlu'ii  li'<  fiiiiili'iiuicd  iijioti  triiil  iiiiIcnh  Iip  ran  |)rov«  liiiiiNi<lt'  to  lie  imi,,  .' 
in  »  in'opimitioM  that  in  iiu'C(iii|i»liliIo  with  tli<  futi<luiiit>iital  idt-i.M  ii|iiiii  \vl;i,|,  ||m""|' 
iiiiiiiHtriition  of  JuNti<'«  inocfi'iln.     lint  it  in  Mni^rlit   in  Dh,  |ii'i-s*'iil  cam-  to  ciriA  il 
jiropimition  niuch  ruithiT,  ami  t«i  hold  tliat  llm  piirtv  inniipatoil  iiiiihI  not  „ulv  lin'v 
liiniscll  innot'cnt  (if  tim  oIViiim' on  wiiirh  hin  v«'m«h'I  wat*  Hrizi-d,  l>nt  hIno  ofaii  ,„v  ' 
» haiL'f  H  upon  wlii<h  it   mixlit  hav<-  ln«-n  m'i/otl  that  nniy  Ih>  altcrwardH  limimlif  c? 
ward  ami  wl  nit  at  tho  trial.  '  "  ""'• 

Cnm-civinn  that  if  tin-  i  lanm-  I  havo  (|uot«Ml  from  \\w  act  <.f  IHOHcan  havo  ctlWt 
(if  alhiwcd  an.v  «lhct  at  all)  only  iijion  tho  clnirKtMiii  wlii«li  the  vchhiI  whm  (irin 
naily  Koizcd,  and  that  Hfi/nri>  for  onn  otlcnMit  cannot  h«<  n-j^ardcd  as /(rima/doV  ,,vi 
dcncc  of  unilt  of  another,  the  connt<4>l  for  tlicttwrn-rM  cd"  the  vckwc!  have  jipplied  (ot||p 
pioHccutinKolliccrHto  hi'  tnrniNlu'd  witlia  copy  of  the  rcportH  nnidc  toih,.  (i,.viriiin.nt 
«>f  Canada  in  connection  with  thn  wizure  of  tlie  vcmncI,  either  hy  ('ii|iiaiii  timti  ih,. 
MojziiiK  tdlicer.  «ir  liy  iImm  oiiectorcdcnHtoniHat  Dixliy,  in  order  thai  it  iiii;;litiinkii'pwn 
t«»  the  defendant  and  lie  hliown  on  trial  what  tlie  cliarncH  are  on  wliicli  tjitisti/un. 
waN^ronmled,  nn<l  wliicii  the  defendant  In  recinired  tudiNprovu.  TliiMnumt  rt'im(iimlil|. 
rcfpicHt  has  lie»'n  rcfuNcd  l>y  tlie  proHcentin);  oflieerH. 

liider  thcHo  cin  nnmtaiH'eN,  I  am  iiiHtrncteil  by  my  (Jovcrnnnnt  tr)  niinini  of  Her 
Ma,ie^ly■K  tiovernnieiit  t  hat  t  he  mdicitoiH  for  the  ownerN  of  the  "ItaviilJ.  Adiiiim"  in 
tho  unit  iien«lini{  in  Halifax  may  he  fnrniHhed,  for  the  jmrpoHeH  of  the  trial  tlimof 
with  coplcH  of  tn«  reportt*  above  mentioned.  And  I  bej;  to  remind  your  lonlnliiiitbat 
there  it*  no  time  to  be  loHt  in  uivinji?  the  pioper  direction  if  it  ia  to  he  in  wawmfor 
tlie  trial,  which,  uh  1  am  iuforiiiml,  ih  bein);  prvHovd. 
I  havu,  &o., 

E.  J.  PHELPS. 


[Iut:luiiure:i  iu  No.  3U3.] 
The  Earl  of  Iddetleigh  to  Mr.  rhelp*. 

FoKKiu.N  Ofvick,  yormhcr  ;W,  l(^. 

Sir  :  I  have  given  my  careful  conmderation  to  the  c<mtcnt8  of  tho  note  of  thn  lltli 
September  la«t,  which  you  were  uocmI  enough  to  addrc8H  to  me  in  reply  to  iiiineofthe 
l8t  of  the  Hame  month,  on  thi!  HuTiject  <if  the  North  American  liHlieritn. 

The  <iiie8tion,  an  yon  are  aware,  haN  for  Mome  time  pa«t  »'nj;ajied  llie  .icrioas  atteii- 
ti«>n  of  Her  Majesty'.'*  (iovernincnt,  and  the  noten  which  have  been  u(ldrt!W<Ml  to  you 
in  relation  to  it,  both  by  my  iire«leceH«or  and  by  hinmelf,  have  arnjily  evinced  the 
earncMt  <lcHire  of  Her  MajeHty'n  (tovernment  to  arrive  at  mime  ecinitalile  nettliiiit'utof 
tho  controvefHy.  It  Ih,  therefore,  with  feelin^H  of  diappointnient  that  they  do  not 
tind  in  your  iiote  under  n-fily  any  indi<'ati<in  of  a  wiNli  on  the  part  of  your  Ciovernnient 
to  enter  upon  nej{«)tiatioiiH  bam'tl  on  the  principle  of  niMtnal  coiict H«i()ii.s,  liut  ralbtr 
a  BUgKeHtion  that  Home  ad  inlrrim  coiiHtriiction  of  the  teriuH  of  the  exiNtiii^  treaty 
Hhould,  if  jtoHHible,  be  reached,  which  minht  for  the  present  remove  the  cliuiict'  ofdis- 
jiutcH;  iu  fact,  that  Her  Majcsty'stioveinment,  in  ordertoallay  the (litltrciiieg which 
nave  arisen,  slionld  temporarily  abandon  the  exercise  of  th<^  treaty  rights  uiiieli  they 
claim,  an<l  which  they  conceive  to  be  indis])utable.  For  Her  Mii.jesty's  (iovfrnnieiil 
are  unable  to  perceive  any  ambiguity  in  the  terms  of  Article  1  of  the  coiiveiitiouof 
1818,  nor  have  they  as  yet  been  informed  in  what  respects  the  <(iii>tru(tioii  placed 
upon  that  instrument  by  the  (iovernmeut  of  the  I'nited  States  diflirs  tniiu  their  own, 
Iney  would,  therefore,  'b«'  j^lad  to  learn  in  the  first  place  whether  the  (invcrnmentof 
>  he  United  States  contest  that,  by  Article  1  of  tho  convention,  I'nited  .'Stales tlsber- 
iiien  are  pmhibited  from  entering  liritish  North  American  bays  or  liarJMir.s  on  thosf 
parts  of  the  coast,  refcned  to  in  the  second  part  of  the  article  in  (|ii<stioii,  loi  any 
]»uri)oseH  save  those  ot  iihiUer,  repairiuy  damagt$,])firvhaniiiij  wood,  tnid  vhl(niii«g  >tnttr. 

lieforc  proceeding  to  make  some  observations  upon  the  other  points  dealt  with  in 
your  note,  I  have  the  honor  to  state  that  I  do  not  propose  in  the  piescnt  cdinuiniiica- 
iit>n  to  refer  to  the  casesof  the  schooners  "Thomas  F.  Hayard  "  and  "Mascot,"  to  which 
you  allude. 

The  privileges  manifestly  secured  to  I'nited  States  lishernien  by  the  ((inventumni 
1818  in  Newtoundlauil,  Labrador,  and  the  Magdalen  Islanils  are  not  contcmeil  li} 
Her  Majesty's  Government,  who,  whilst  determined  to  uphold  the  rijjhts  ot  m 
Majesty's  North  American  subjects,  as  defined  in  the  convention,  are  no  'chh  anxioii* 
and  resolved  to  maintain  iu  their  full  integrity  the  facilities  for  prosecntiuj?  '"^ '''"'■ 
ing  industry  on  certain  limited  portions  of  the  coast  which  are  expreK,sly  (irantea  n 
citizens  of  the  United  States.  The  communications  on  the  subject  ol  Ihest  twc 
schooners,  which  I  have  requested  Her  Majesty's  niiuister  at  Wushiugtou  toafWress 


AMERICAN    riHlIEKIKH. 


DGa 


E.  J.  PHELPS. 


to  Mr.  Ilii.viinl,  paniiot,  !  tliiiik,  lniv.<  fnihtl  in  utri.rJ  ti)  your  Govtirnmciit  MitiMfuctory 
iMiKuriinit'."  ill  tliiH  r«M|iiH!t. 

H,.vtitiii«  now  to  your  iu>t«  under  roplv,  I  !•••«  to  oiler  tlio  following  olmi-rvatioim 
mi  iiHcoiilfiitM: 

III  tho  lir.st  plac««,  yoM  tako  rM-ciitiou  to  my  itr.Mlt)(M<HMor  IniviiiK  deoliiu-il  to  diHcnim 
il„.  dim' of  till'  "  DavidJ.  Adiini.H/' on  llio  ground  that  it.  wuHHfill  ««fcj(«//Vf,  and  yoa 
.tiilc  lliiit  .voiir  (iovm-nuiont  aro  unaldo  to  accodo  t(»Mi)t  propoHitidu  ronlaini'd  in  :uy 
note  i>f  tilt*  iHt  of  Hi>|it«'uiln'r  hiHt,  to  tho  t-flrct  that  •'  it  is  cicarly  light,  according 
iii|ii;utiti' iind  pn><-mlt<nt,  that  Huch  diidoniatic  action  Hhoiild  l>o  NiiHpcndcd  pending 
ihiriniiplction  of  tiio  judicial  inquiry. 

Ill  rcjiiird  to  tiiiH  point,  it  in  to  ho  ri*nuMnh<r(>d  thrt  thonutrc  three  qucHtionNcalliug 
ioririvrMti),'!iti»u  in  tho  caMo  of  tlie  "  David  J.  AdaniH-." 

(1)  Wliut  were  tlie  actH  conuuittcd  wliicli  h-d  to  tht^  seizure  of  tho  vchhcI  1 

\i)  \Vu8  her  Heiznre  for  micii  actH  warranted  by  any  exiNting  lawH? 

CI)  If  HO,  are  those  laWH  in  denigation  <  f  tho  treaty  rightH  of  th(<  United  Htatost 

It  i,s  cvidei't  that  the  tIrHt  two  questions  must  bo  the  subject  of  in<|uiry  tieforo  the 
ihini  (all  lie  profitably  iliscnssed,  and  tiiat  thos(<  two  quesiions  can  only  be  satisfao- 
idiily  fliHpoHcd  of  by  a  judicial  iiMiiiiry.  Far  from  (claiming  that  the  lluited  .states 
(lovi'iiimi'iit  would  Im<  bound  liy  the  ouistriictioii  wliicii  the  Krilish  tribunals  might 
]ilu(f  on  liie  treaty,  I  stated  in  my  note  of  the  Ist  Sejilember  that  if  that  decision 
NboiiUl  lie  adverso  to  tho  views  of  yourtJovernnufut  it  would  not  preclude  further  dis- 
rimsion  between  tho  two  (^)vorinuontH  and  tho  »lj\!stii  'ut  of  the  question  liy  diplo- 
imiiio  lid  ion. 

I  may  further  remark  that  tho  very  proposition  advanced  in  my  uote  of  tho  Ist  of 
S(|itt'iiilier  last,  and  t<»  which  oxception  is  taken  in  your  reply,  hits,  cm  a  previous  oc- 
(iihkiii,  been  distinctly  asserted  by  tho  Government  <^f  tho  United  States  under  pre- 
.isi'lyHJiiiiia!-  circumstances,  that  is  to  say,  in  1h70,  in  relation  to  thewizuroof  Amor- 
1  an  lisliing  vessels  in  Canadian  waters  for  alleged  violation  of  the  convention  of 

Ill  ii  (lispfitcli  of  the  21)th  of  October,  1870,  to  Mr.  W.  A.  Dart,  United  States  consul- 
Cincriil  at  Montreal  (which  is  printed  at  pago  4:tl  of  the  volume  for  that  year  of  the 
I'oiiifiu  Relations  of  tho  Unite*!  States,  and  which  formed  part  of  tho  correspondence 
rclVmd  to  i>y  Mr.  liayard  in  his  note  to  Sir  L.  West  of  tho  20th  of  May  last),  Mr. 
Fish  ixiiressed  himself  as  follows  ;  . 

"It  i.s  the  diityof  the  owners  of  tho  vessels  to  <lel'end  their  interests  before  tho  courts 
lit  tlit'ir  own  expense,  and  without  special  as.sistanco  from  the  (jlovornment  at  this 
■ii^'LMifail'airs.  It  is  for  tho8«3  tribunals  to  construe  tho  statutes  under  which  they 
m.  If  the  construction  they  adopt  shall  appear  to  bo  in  contraventiou  of  our  treat- 
's with  Great  Itritain,  or  to  bo  (which  cannot  be  anticipated)  plainly  erroneous  in  a 
iiscmlniitting  of  no  reasonable  doubt,  it  will  then  becimio  the  duty  of  the  Govern- 
iiiiit— adiity  which  it  will  not  be  slow  to  discharge — to  avail  itself  of  all  necessary 
mcaiiH  for  obtaining  redress." 

llcr  Majesty's  (government,  therefore,  still  adhere  to  their  view  that  any  diplomatic 
iliscusHioii  as  to  the  legality  of  the  seizure  of  tho  "David  J.  Adams"  would  be  prema- 
ture nutil  the  case  has  been  judicially  decided. 

It  is  further  Boated  in  your  note  that  "tho  abstMico  of  any  statute  authorizing  pro- 
teediufjH  or  providing  a  penalty  against  American  fishing  vessels  for  purchasing  bait 
urmipiilitH  ill  a  Canadian  port  to  be  used  in  lawful  fishing"  atlords  "  the  most  satis- 
factory evidence  that  up  to  tho  time  of  tho  present  controversy  no  such  <  onstructiou 
has  been  given  to  tho  treaty  by  the  British  or  by  tho  colonial  parliament  vh  is  now 
sought  to  ho  maintained." 

Her  Majesty's  Government  are  quite  unable  to  accede  to  this  view,  nnu  I  must  ox- 

l>re88  my  regret  that  no  reply  has  yet  been  received,  from  your  Government  to  tho 

|argiinit!ut.son  this  and  all  tho  other  points  in  controversy;  which  are  contained  iu 

I  the  able  and  elaborate  report  (as  you  courteously  describe  it)  of  tho  Canadian  miu- 

l  isttT  ot  marine  and  fisheries,  of  which  my  predecessor  coinniuuicate«l  to  you  a  copy. 

In  that  rejiort  '•eference  is  mwlo  to  tho  argument  of  Mr.  Kayard,  drawn  from  the 

filet  that  the  pro  )08al  of  the  British  negotiators  of  tho  convention  of  1818,  to  the  ef- 

itPt  that  Aiiiericai:  tishing  vessels  shoultl  carry  no  merchandise,  was  rejected  by  tho 

I Amwicau  negotiators;  and  it  is  shown  that  the  above  proposal  had  no  application 

[to  Aniciican  veswds  resorting  t«)  tho  Canadian  coasts,  but  only  to  those  exercising  the 

U'ght  of  inshore  fishing  and  of  landing  f  )r  the  drying  and  ciiring  of  lish  on  parts  of 

tk  coasts  of  Newfoundland  and  Labratlor. 

I ,  *»«  r^'I'I"'''  ""  ^1'"  other  hand,  shows  that  the  United  States  negotiators  proposed 
n  lat  theright  of  "procuring  bait"  should  be  added  to  tho  enumeration  of  the  four 
l«»jc'ctH  for  which  tho  United  States  fishing  vessels  might  be  allowed  to  enter  Canadian 
lti'!'f'"^? '  ""'^  ^''"'^  ""'■''  proposal  was  rejected  by  the  British  negotiators,  thus  showing 
I  Hat  there  could  be  no  doubt  iu  the  minds  of  either  party  at  the  time  that  tho  "  pro- 
l^uringot  bait"  was  prohibited  by  the  terms  of  tlie  article.  The  report,  moreover, 
rj'™'?  the  imjiortant  fact  that  the  United  States  Government  admitted,  in  tho  case 
j'Humitted  by  them  before  the  Halifax  Commission  in  1877,  that  neither  the  conven- 


1 1 


; 


m 


9fi4 


AMERICAN    FISHERIES. 


tion  of  1818  iior  th«*  treaty  of  Wjwliinfjtini  confnrrwrt  any  rijilit  or  privilojrH  of  trai'in 
on  Aniprioau  fisluMiiH'ii ;  that  th»»  "  varioim  incidtMital  and  recipnxjil  adviViifngesof 
the  treaty,  hik  'i  an  the  privileKen  of  traffle,  pi!reliaHi!iK  I'liit  and  other  supplies  am  not 
the  snbjert  of  compensation,  het-anse  tlie  treaty  of  Washington  •onft'is  iKiMncliriuhtt 
on  the  inhuhitantH  of  tlie  United  States,  who  !U»w  enjoy  them  nierily  l)y  snlferaiii"- 
and  wlio  tmu  at  any  tinia  he  <h'prived  of  them."  ' 

ThiH  .iew  \vaMeonrtrnie<l  !iy  the rnlin>;of  theeommiMionern.  Whilst  I  Imvd felt mr. 
self  '»onnd  to  phiee  t  lie  preeedinjij  observatiouH  before  y>n  in  reply  to  I  he  aiKiiiiu'iits con- 
tained in  your  noU\  1  bejj  leave  t«>  nay  that  Her  Majesty's  (lovemuient  would  willini'lv 
have  left  sneh  pointH  o(  technieal  (letail  and  eonstrnction  for  the  eonHideriitioiiut  a 
cnmiuis8'on  pi-operly  eonstitnted  to  examine  them,  as  well  as  to  sut^jicst  a  niciins  fnr 
either  modifyinjj  tiieir  application  or  snlmtitntinji  for  ihem  sonie  Kewlirranjjeiiieutof 
anuitnally  siitisfactory  natnnv 

I  j^alher,  however,  froiuyonrnote  that,  in  thoo])inionof  .your Government, altliougli 
a  revision  of  treaty  stipahitiouH  on  the  biwis  of  mntual  conciwsions  was  desired  bvtht 
Uuite<l  States  Iwforo  tho  present  disputes  arose,  yet  the  pr;'8ent  time  is  iiioi)portnnt> 
for  varions  reasons,  amon>x  whieli  yon  mention  tlie  irritation  crciited  iu  the  United 
States  J»y  the  belief  that  the  action  of  tho  Canadian  tJovcnnnent  has  hud  for  its  ob- 
ject to  foroo  a  new  treaty  on  yonr  Government. 

Her  M«josty '8  Government  learn  with  niach  regret  that  sneh  an  impression  shonld 
pre"ail,  for  every  ©Ifort  has  been  made  by  the  Canadian  Governiuent  to  promote n 
friendly  negotiation  and  to  obviate  the  dilfurenceH  which  have  now  ariseu.  Indeed. 
it  is  hardly  necessary  to  remind  you  that,  for  six  months  following  tho  denunciation 
by  yonr  Government  of  tho  tishery  articles  of  the  treaty  of  WaHliingtou,  the  North 
Aaierieau  lisheries  were  thrown  open  to  citizens  of  the  United  States  without  any 
t^quivalent,  in  tho  expectation  that  the  American  Government  would  show  their  will- 
inguess  tu  treat  the  (pustion  in  a  similar  spirit  oi'  amity  and  good  will. 

Her  Majesty's  Government  cannot  but  express  a  hope  that  the  whole  correspond- 
euce  may  be  laid  immediately  before  Congress,  as  they  believe  that  its  penisnlwonla 
iuduence  public  opinion  iu  tho  United  States  in  favor  of  negotiating,  hi'fore  the  coai- 
mencenieut  of  tho  next  tishing  season,  aii  arrangement  based  on  mutual  coneessions, 
and  which  would  therefore  (t«  nse  the  language  of  yonr  note)  "  consist  with  thedij; 
uity,  tho  interesta,  and  the  friendly  relations  of  the  two  countiies." 

lier  MfijcHty's Government  cuanot  yonceivethat  negotiations conimoueed with siicli 
an  object  and  in  such  a  spirit  could  fail  to  be  succeiwfnl:  and  they  trust,  therefore, 
that  yonr  Gi'vruiiment  will  endeavor  to  obtain  from  Congress,  which  i»ai>out  Iua»- 
seroble,  the  necessary  jiowers  to  enable  them  to  make  to  Her  Majesty's  Government 
some  detinite  proposals  for  tlie  :iegotiation  cf  a  mutual 'y  advantageous  arranfjeinent. 
I  liavfl,  Slc, 

IDDESLKlCiH. 


I  Inc'Io«uro  4  in  Xo.  3S3.1 
Mr.  Phelps  to  Lord  TMeiikigh, 

Lk«»ATIOX   of  THK  rsITKI)  STATES, 

London,  J)mmber'^,  it*S6. 

My  Lohij:  I  have  the  honor  to  acknowledge  the  receipt  of  your  note  of  tbe30tli 
November  on  tho  subject  of  the  Canadian  tisheries,  and  to  say  that  1  shall  at  au  early 
day  submit  to  your  lordship  some  considerations  in  reply. 


I  have,  &o., 


E.  J.  PHELPS, 


No.  11. 
Mr.  liayard  to  Mr.  Phelps. 


No.  4G0.J 


Department  of  State, 
Washington  December '.,  l»w. 


Sir:  I  inclo8«  herewith,  for  your  iufonnation,  a  copy  ot  my  meo( 
the  l8t  instant  to  Sir  Lionel  West,  her  Britannic  Majesty's  iu'"'J«  J 
this  capital,  concerning  the  treatment  by  the  Canadian  autnomifs 
the  American  fishing  schooner  "Molly  Adams,"  of  Gloucester,  Mass. 

i  an*.  &<'•»  T.  F.  bAYAKD. 


?!  '!! 


AMERICAN    FISHERIES.  965 

No.  12.     '   ■■■■'^^■■'-:  -  "•-■■\-':,-  ^  ,■:;•■;!:;->., W, 
Mr.  B<^ yard  to  Mr.  Phelps. 

>'o.  470.]  Department  of  State, 

Washington,  December  i>,  1886. 
Sir:  With  reference  to  instrnction  No.  400,  of  the  7th  instant,  con- 
eei'uiiifr  the  case  of  the  American  flshinjr  schooner  "  Molly  Adams,"  I  now 
transmit  to  you  herewith,  for  your  further  information,  a  copy  of  the  let- 
terof  Mr.  Solcmon  Jacobs,  of  the  12th  ultimo,  in  which  the  matter  was 
brought  to  the  attention  of  the  J>ei)artment. 
J  am,  &rQ.^ 

T.  F.  BAYAED. 


"So.  13. 


Mr.  Bayard  to  i\lr.  Phelps. 


Xo.  472.J 


Department  of  State, 

Washington,  December  8, 188C. 

Sir  :  My  attention  has  just  been  drawn  to  a  notice  published  by  the 
British  Government  in  London  in  relation  to  the  exercise  of  fishing 
rigbtH  in  common  with  France. 

It  occurs  to  me  that  it  may  be  pertinent  to  the  consideration  of  the 
(|iiestioiis  discussed  in  the  modus  virendi,  in  relation  to  the  British  North 
American  fisheries,  lately  forwarded  to  you  by  this  Department. 

The  publication  no  doubt  can  readily  be  procured  in  London.    It  is 
issued  in  i)amphlet  form. 
I  am.  &c. 

T.  F.  BAYAED. 


.1 


?i 


-   ! 


[iDclnaure  in  Mo.  47'.:.] 
Further  iiolice  to  Briiinh  figlwrtiitu  with  respect  to  the  exclusive  fishery  limits  of  France, 

The  French  Governuuiut  have  intimated  to  Her  Majesty's  Government  that  the  re- 
cent detention  of  English  oyster  suiacks  which  entered  Havre  to  pass  Suiuhiy  thei'o 
in  fint  weather,  was  effected  by  the  niaritiine  anthority  at  that  port  lor  an  intractioii 
of  Articles  LXXXVand  LXXXVIof  tho  International  Fishery  Kogulations  of  May*.J4, 
1843,  and  that  the  minister  of  marine  in  I'aris,  on  learning  the  circumstauces,  directed 
that  the  snifuks  should  be  imme«liately  released,  in  consequence  of  f'o  toleration 
which  has  for  a  long  time  existed  in  the  United  Kingdom  and  France  as  regards  not 
enforcing  the  strict  observance  of  these  articles. 

The  French  Government  have  given  special  instructions  for  preventing  't  rocurrenco 
of  like  circumstances,  without  a  preliminary  reference  on  the  part  of  the  authority  at 
the  port  to  the  ministry  of  marine. 

Tho  French  Government,  bavd  further  intimated  that,  in  the  event  of  their  finding 
that  the  maintenance  of  the  existing  toleration  tt'V^s  rise  to  inconvenience,  notice  will 
he  given  to  Her  Majesty's  Government,  so  as  to  allow  of  the  latter  issuing  timely  warn- 
ing to  British  fishermen.  (The  Board  of  Trade  Joarnai,  vol.  1,  No.  4,  p.  146,  1886, 
London.) 


966 


AMERICAN    FISHERIES. 

No.  i4. 

Mr.  Bayard  to  Mr.  Phelps. 


No.  474.J 


Dei'autme?t  of  State, 

Watihington,  .December  13, 188G. 

Sir:  On  the  8th  instant  I  received  from  the  British  minister  at  this 
capital  a  oonununicatioii  dated  the  7th  of  this  month,  accoinpauied  bv 
a  copy  of  th<»  minutes  of  the  honorably  privy  council  of  (Januda,  in  re- 
lation to  the  action  of  Captain  Quijjley,  of  the  Canadian  cutter  "Terror," 
in  lowerinj^  the  tlaj;  of  the  United  Spates  tishiu},'  schooner  "Miirion 
Grimes"  whilst  undt'r  detention  by  the  customs  authoriciesin  Shelbiirne 
harbor,  on  the  11th  of  October  last. 

As  tliis  o»!Currence  had  been  made  the  subject  of  an  instruction  to 
you  by  mc,  on  the  0th  idtimo,  whereby  you  were  requested  to  briugtlie 
incident  to  the  attention  of  Her  Majesty's  Governuicnt,  I  hasten  to  in 
form  you  of  the  voluntary  action  of  the  Canadian  (lovernnu'nt,  andof 
their  expression  ot  regret  for  the  action  of  the  officer  referred  to. 

The  copy  of  the  correspondence  ami  ]  "roceediugs  of  the  Canadimi 
authorities  discloses  the  dates  of  their  action  in  the  i  remises, of  wliicli, 
hovevcr,  ujy  earliest  information  was  on  the  8th  instant,  in  the  note  of 
Sir  Lionel  ^Vest,  a  copy  of  which  is  herewith  sent  to  you. 
I  am,  &c., 

T.  F.  BAYAKD. 


No.  410.J 


No.  15. 

Mr.  Phelps  to  Mr.  Bayard. 

Lkgation  of  the  United  States. 
London.,  January  13,  1887.  (Keceived  .lamiary  L'4.) 
Sir  :  llefcrrinjf  to  your  instructions  numbered  4/50  of  October  29  and ; 
458  of  November  12,  and  also  to  my  dispatch  numbeir.l  ;U).'5(if  Decem- 
ber .'5,  I  have  the  honor  to  inclose  lierewith  the  copy  of  a  note  wiiicbl 
have  just  re<;eived  fn)m  the  Earl  of  Iddesleijrh  in  reply  to  tnineot  l)e 
cember  L'  to  his  lordship,  askinj^  that  theownersof  the  "  J  )avi(lJ.  Adams'' 
be  furnished  with  eoj)ies  of  the  orifjinal  reports  stating;  thecliajjesoD 
whidi  that  vessel  was  seized  by  the  Canadian  authorities.  A  copy  of  J 
the  hitter  note  forujed  inelosure  to  my  disjjatch  No.  3!).'i  albresaid. 

Y<»u  will  observe  that  Her  Majesty's  (lovernment  have  not  seen  lit  to| 
interfere  in  the  matter. 
1  have,  &c., 


I  InnloMire  in  So.  416.  ] 

FoUEKJN  Ofkick,  Jaimnj  W,  l?^"'' 
8m:  HtM-Maj.;,stv'H«ovornmpjt  hav«r<.ii8ideredtlu<requ«'Htcoiitaiii(Mlinyniiri)otflj 

of  th«  *2d  iiltitiio,  to  th«  »^f^(:t  that  th«  owners  of  tlie  "Duvid  .1.  A'liii'i'!  '";'>'"  'j 
nishJMl  witli  ropi.'M  of  tli«<  origiiml  roi>oftH  HtatitiK  tlio  charnenon  ^^ ''''''';"'"  J 
was  seized  l.y  tlu^  Cuuailiuu  aiitlioriti.-» ;  and  I  have  now  tbe  hon.-r  htntaa  i  '^^ 
that  If  the  <.wit.«r^of  tliin  vi-H«fl  ar»*  U-gaUy  entitlod  tobol'nriiiNhed  ^^'•"'"'''.' ,,'i  J 
thcv  r.au  ol>tniii  tli.'iii  h\  the  protewj  of  the  courts;  and  th.-ro  HcfiiiN  "'>  l; '"'  ' 
tbe'iuterferpuc«  of  HurMa)estv'»Governu.eut  with  the  ordinary  course  oijumr  ■ 


AMERICAN   FISHERIEfl. 


9G7 


Ah  ri'fiarda  the  meaim  of  ohtiiiiiing  iiiforniation  for  tho  purposes  of  the  defense,  I 
woul('  i)oiiit  out  that  in  thf  rojtort  of  tlio  Ciiuuviian  minister  of  niarino  and  fishery, 
of  wliii'Ii  a  copy  was  couiniunicated  to  you  on  the  a:5d  July  lust,  it  is  stated  that  from 


a  (late  ininiodiately  after  the  seizure  "there  was  not  the  sli<j[hlest  ditliculty  in 
United  States  conrtul-fjeneral,  and  those  interested  in  the  vessel,  obtaining  the  fu: 


the 

-  ,  ,     )taining  the  fullest 

information,"  and  that,  "  apart  from  the  general  knowledge  of  the  offenses  which  it 
was  claimed  tho  master  had  committed,  and  which  was  furnished  at  the  time  of  tho 
seizure,  ihe  most  technical  and  precise  details  were  readily  obtainable  at  the  registry 
of  the  court,  and  frcm  the  solicitors  of  tlie  Crown." 

With  respect  to  the  state.nent  in  your  note  that  a  (dauae  in  the  Canadian  act  of 
May  2*2, IHtiri, to  the  effect  thi;t,  "In  case  a  disiuito  arises  as  to  whetlier  any  seizure 
baser  has  not  been  legally  nuide,  or  as  to  whether  the  person  seizii.g  was  or"  was  not 
authorized  to  seize  under  this  act,  the  burden  of  juoving  the  illegality  of  tl-a  seizure 
nhall  be  on  the  owner  or  claimant,"  is  in  violalionof  the  luinciples  of  national  justice, 
as  well  as  of  those  of  tiie  couuuon  law,  I  have  to  observe  that  the  statute  referred  to 
ic  cap.  01  of  1808,  which  provides  for  the  issue  of  licenses  to  foreign  lishing  vessels, 
and  for  the  forfeiture  of  such  vessels  tishing  without  a  license;  and  tliat  the  provis- 
ions of  Article  10,  to  which  you  take  exception,  are  commonly  found  in  laws  against 
smustgling,  and  are  based  on  the  rule  of  law  that  a  man  who  jdeads  that  he  holds  a 
license  or  other  similar  document  shall  be  put  to  tho  i)roof  of  his  plea  ami  lequirod  to 
produce  the  document. 

I  beg  leave  to  add  that  tho  provisions  of  that  statute,  so  far  as  they  relate  to  the 
Issue  of  licenses,  has  been  in  operation  since  the  yent  1870. 
I  have,  «&c., 

IDDESLEIGH. 


T.  F.  BAYAliD, 


No.  16. 

■  I  Mr.  Bayard  to  Mr.  Phelps, 

Xo.  520.]  Department  op  State, 

Washington,  January  27,  1887. 

Sir:  Your  dispatch  No.  416,  of  tho  12th  iu.stjint,  transmitting  a  copy 
of  tbo  note,  dated  the  11th,  received  by  you  from  the  hite  Lord  Iddee- 
leigh,  in  response  to  your  note  of  December  2,  1886,  requesting  copies 
ol'tbe  papers  in  the  case  of  the  "L)avi<l  .T.  Adams,"  has  been  received. 


The  conchiding  i)art  of  Lord  Iddesleigh's  note  seems  to  demand  at- 
teutiou,  inasmuch  as  the  argument  employed  to  justify  the  provisions  of 
Article  10  of  the  Canadian  Statutes,  caj),  61  of  1868,  which  throw  on 
the  claimant  the  burde.i  of  proving  the  illegality  of  a  seizure,  appears 
to  rest  ui)on  tho  continued  operation  of  Article  1  of  that  statute,  rela- 
tive to  the  issue  of  licenses  to  foreign  fishing  vessels.  Tho  note  in  ques- 
tion stiites  "that  the  i)rovisions  of  that  statute,  so  far  as  they  relate 
to  the  issue  of  licenses,  has  [have?]  been  in  operation  since  the  year 
1870." 

It  appears  from  tho  eorrespontlence  exchanged  in  1870  between  this 
Bcpartment  and  ller  Majesty's  minister  in  Wasnington  (see  the  vol- 
ume of  lM)reign  Kelations,  1870,  i)p.  407-411)  that  on  the  8th  of  Janu- 
ary, 1870,  an  order  in  council  of  the  Canadian  Government  decreed 
"that  the  system  of  granting  flshifig  license  to  foreign  vesvsels  under 
the  act  ;U  Vic,  cap.  61,  be  discontinued,  a.id  that  henceforth  all  foreign 
tishennen  he  prevented  from  fishing  in  the  waters  of  Canada." 

During  the  continuance  of  the  tishery  articles  of  the  treaty  of  Wash- 
iiiKtoii  ("anatlian  lishing  licenses  were  not  required  for  fishermen  of  t'le 
United  litates,  and  since  the  termination  of  those  artit  les,  July  1, 1885, 
this  Departmcjnt  has  not  been  advised  of  the  resumption  of  the  Ucens- 
mfr  system  under  the  statute  aforesaid. 


968 


AMRRICAN    FISHEUIKS. 


The  faulty  coiiHtruction  of  tbe  last  paiaf^iapli  of  Lord  Iddcskini,'^ 
note,  as  transniitted  with  your  No.  4l(),  sugjfests  the  possiUilJiy of,, 
clerical  error  in  the  preparation  or  transcription  of  that  note,  anil  that 
it  luay  liave  been  intended  to  state  that  the  licensing  provisions  of  the 
Statute,  <'ap.  61,  186S,  "  have  not  been  in  operation  since  1870,"  butiu 
that  case  It  i»  not  easy  to  apply  the  argnnient  advanced. 


I  am,  &c., 


T.  F.  IJAYAKD. 


No.  17. 


Mr.  Phelps  to  Mr.  Bayard. 


No.  42.*?. 


Legation  of  the  United  States, 
London,  January  27,  1887.    (Received  February  7.) 
Sill :  I  have  the  honor  to  transmi*^^  herewith  a  copy  of  .   uote  ad- 
dressed to  me  by  Lord  Iddesleigh,  secretary  of  state  for  fort»i;.ni  all'airs, 
dated  December  10,  188(). 

Also  a  copy  of  a  note  addressed  to  me  by  Sir  Julian  l*aiiuiefote, 
acting  secretary  of  foreign  attairs  during  a  vacancy  in  that  ollice,  dated 
January  14, 1887. 

Also  a  copy  of  a  note  addressed  by  me  to  Lord  Salisbury,  secretary 
of  state  for  foreign  alfairs,  dated  January  20,  1887. 
All  on  the  subject  of  the  Canadian  fisheries. 
I  am  to  have  an  interview  with  Lord  Salisbury  by  appointnipiit  to- 
morrow in  reference  to  the  same  subject. 

•  •••••• 

I  have,  &c., 

E.  J.  PHELPS. 


iff 


[iDclosa  >  linNa423.] 
Lord  Jddesleigh  to  Mr.  Phelps. 

FoRKlQN  Offick,  iJecemhcr  10,  iNiC. 

Sir:  I  hav«  the  honor  to  ackiiowledno  the  receipt  of  your  uoto  of  tlm  27tli  ultimo 
rehitivc  to  the  case  of  the  "Marion  Griuies,"  stated  to  have  been  fnied  and  detained  at 
Hhelburne,  Nova  Scotia,  in  October  last. 

Ah  other  cases bi'sides  that  of  tiie  "Marion  Oriuios"  are  albided  to  in  tliedocnnipnts 
forwunhul  in  your  uot<o,  it  will  be  desirable  to  take  each  cane  Hcpunitely,  and  intoriu 
you  shortly  ot  the  8t«4)8  which  Her  Majesty's  Goverunient  have  taken  in  regard  to 
theni. 

In  rcjijHjct  to  theoaseof  the  "Marion  Grimes,"  I  have  already  reeeiviMl.  tlir(iiij;lillir 
Majesty's  secretary  of  state  for  the  coloides,  a  copy  of  a  dispatch  from  tlie  Ddininiim 
Governiuent,  in  which  tlie>  express  their  rejjret  at  tin  u  tion  laiien  by  I'aptaiii 
Qui«ley  in  hauling  «lown  the  IJnited  States  tlajf.  1  have  transmitted  ii  -oin  ol  tbiit 
dispatch  to  Her  Majesty's  uiiuister  at  W*hiiigton,  with  instructions  l«  eoiuuiniiicatfi 
it  to  Mr.  Hayurd,  and  Ibeg  leu  •«  to  now  inclose  a  copy  of  it  tor  your  inloiinatinii. 

Her  Majesty's  Governrnant  cannot  doubi  that,  as  respects  the  incident  "'  t  leUag, 
the  apology  thus  spontaneously  tendered  l)y  the  Canadian  Govenmient  wdl '»;  ?'• 
cepte<l  by  the  United  8Utes  G()vernnieut  in  the  friendly  and  couciliatorv  "i«i;"'*""!" 
in  which  it  is  oflered,  whilst  as  regards  the  other  statements  eoneernnij;  laptan 
Quigley's  conduct,  Her  Majesty's  Goverumeut  do  not  at  present  feel  themselves  in. i 
position  to  express  anv  opinion.  ,        • 

The  Dounnion  Government  have  been  n»que«ted  to  funush  a  lull  '■<'l»«>"*)n'"«^  ]»''' 
ouH  circamstauces  alleged,  and  when  this  is  reccive<l  I  shall  have  the  honor  to  adnres. 
a  fnrtlier  coiumunication  to  you  upon  the  subject. 


AMERICAN   FISHERIES. 


969 


T.  F.  I'.AYAKD. 


■y  by  appoiiituipiit  to- 


E.  J.  rUELPS. 


As  concerns  the  ca»e  of  the  "Juliii  Ellen"  and  "Shiloh,"  it  will  probably  snffice  to 
commuuioato  to  yoir  the  indoHed  copies  of  reports  from  the  Canadian  Government  rela- 
tive to  tlicHo  two  vessels.  These  reports  have  already  been  sent  to  Her  Majesty's 
iniiiiHter  jit  Washington  for  communication  to  Mr.  Bayard. 

The  protest  made  t)y  the  United  States  Government  in  the  case  of  the  "Everett 
Steele"  was  not  reouivetl  in  this  country  until  the  Ist  ultimo;  and  although  the 
Canadiiin  tioverument  have  been  re([uested  by  telegraph  to  furnish  a  report  upon  the 
(iiTuumtiiiices  alleged,  sutlicient  time  hasnot  yet  elapsed  to  enable  Htr  Majesty's 
iiivtruuiMit  to  be  in  possession  of  the  facts  as  reported  by  the  Dominion  Government. 

Her  Majesty's  Government  greatly  regret  that  incidents  of  the  description  alluded 
toslidiild  occlir,  and  they  can  only  renew  the  assurance  conveyed  to  you  in  my  note 
(it  the  UOtli  ultiuio,  that  whilst  firmly  resolved  to  uphold  the  undoubted  treaty  rights 
of  Her  Miijesty's  North  American  subjects  in  regard  to  the  fisheries,  they  will  also 
.(|Uttlly  iiuiintain  tho  undoubted  rights  of  United  btates  lishermen  to  obtain  shelter  in 
lauadian  ports,  under  .aoh  restrictions  as  may  be  necessary  to  prevent  their  abusing 
ilieiuivilegcs  reserved  to  them  by  treaty. 

Iiioticn  that  in  Mr.  Bayard's  note  to  you  of  tho  6th  ultimo,  ooncerning  the  case  of 
the  "Marion  Grimes, '  an<l  also  in  his  note  to  Sir  L.  West  of  the  19th  October  last, 
nlative  to  the  case  of  the  "Everett  Steele,"  an  old  discussion  is  revived  which  Her 
JlajeHty's  Govoinment  had  hoped  was  linally  disposed  of  by  tho  correspondence  which 
luok  piuoe  on  the  subject  in  1815  and  181G. 

I  allude  to  the  argument  that  a  right  to  the  common  enjoyment  of  the  fisheries  by 
(ireat  Britain  au  '  ♦P"  United  States,  after  the  separation  of  the  latter  from  the  mother 
miiiitry,  was  recog  "  by  the  treaty  of  1783,  although  the  exercise  of  that  right  wa» 
uiiide  «iibject  to  otrtaiu  restrictions.  I  refer  to  this  point  merely  to  observe  that  the 
views  of  Her  Majesty's  Govornrcent  in  rplation  to  it  have  not  brien  modified  in  any 
way  since  the  date  of  Lord  Bathurst's  note  of  the  30th  of  October,  1815,  to  Mr.  J  oho 
Quiucj  Ai',am8. 
I  have,  &c. 

,     IDDESLEIGH. 


[Indodure  2  in  No.  423.1 

Foreign  Office,  January  14,  1887. 

Sir:  With  reference  to  my  predecessor's  note  of  the  30th  of  November  last,  I  have 
i  the  honor  to  trausmit  to  you  a  copy  of  a  report  from  the  Canadian  minister  of  justice 
'  upon  the  seizure  of  the  American  fishing  vessel  '*  David  J.  Adams." 

I  have  forwarded  a  copy  of  this  report  to  Her  Majesty's  minister  at  Washington  for 
cummunication  to  the  United  States  Government. 
I  have  the  honor,  &c., 

J.  PAUNCEFOTE, 
(For  the  Secretary  of  State.) 


(InclosureS  inNa423.1  ■    ■ 

Lkqation  of  the  United  States, 

London,  January  26,  1887. 

My  Lord:  Various  circumstances  have  rer.'iered  inconvenient  an  earlier  .-eply  to 
ELord  Iddt'sleigh's  note  of  November  12  on  the  subject  of  the  North  American  fisheries, 
land  the  termination  of  the  fishing  season  has  [)08tponed  the  more  immodiatie  necessity 
I  of  the  discussion;  l)ut  it  seems  now  very  important  that  before  tho  commencement  of 
rattother  season  a  distinct  undHPstauding  shoald  bo  reached  betwe«in  tho  Unitevl  States 
|Gnvernment»and  that  of  Her  Majesty  relative  to  the  (lourse  to  be  pursued  by  tho  Ca- 
[nadian  uuthoritics  towards  American  vessels. 

I  It  U  not  without  surprise  that  1  have  read  Lord  Iddesleigh's  remark,  in  the  note 
labove  mentioned,  referring  to  the  treaty  of  1818,  that  Her  Majesty's  Government 
["have  not  as  j'et  been  informed  in  what  respect  the  construction  placed  upon  that 
[mstriiineut  by  the  Government  of  the  Unit«'d  States  difiers  from  their  own." 
r  Had  his  lordship  perused  more  attentively  my  not*  to  his  predecessor  in  oftice,  Lord 
[Rosehery,  under  date  of  June  2,  1886,  to  which  reference  was  made  in  my  note  to 
jLordldilesleigh  of  September  11, 1886,  I  think  he  could  not  hav«  failed  to  apprehend 
Idistuict'y  tho  constrn-jtion  of  that  treaty  for  which  the  United  States  Government 
jcontends  and  the  reasons  and  arguments  upon  wiiich  it  is  founded. 
I  I  have  iifjain  respectfully  to  refer  your  lordship  to  my  note  to  Lord  Rosobery  of 
June',!,  18-6,  for  a  very  full  and,  I  hope,  clear  exivositiou  of  the  ground  t^keu  by  the 


.'t 


115 


1)70 


AMERICAN    FISHERIES. 


UiiiUul  Statos  Oovernnietit  ftti  tli»t  point.  It  is  nnneoessary  to  repent  it,  and  I  am 
uniiblo  to  add  to  it. 

Ill  reply  to  the  olmorvfit ions  in  my  note  to  Lord  Iddt'sloiph  of  Hpptoniber  11  \m 
on  tho  point,  wlu'thor  hucU  discnuMion  HJioiild  bo  HUHptiiulod  m  tlioso  ouhck  until  there' 
Hult  of  tho  jiidiciivl  procoedinj^H  in  roaptu-t  to  thoin  Hhoiild  ho  nmdo  known,  a  nronoiii! 
tion  to  whicli,  an  I  Htatod  in  that  noto,  tho  United  StatoM(tovoriimtMit  Isiiiiabliuoao' 
cede,  hJH  lordnhip  citoH  in  Knpi>ort  of  it  homio  hin^naKO  of  Mr.  FIhIi,  w  lien  Secretary  of 
Stato  of  tho  llnitod  Statos,  addroHHod  to  thoUnitod  StatoHconHnl-^eneralat  Montrfal 
in  May,  1H70.  From  th»i  viow  then  oxpresse*!  I)y  Mr.  FJHh  the  Uiiitod  States  Guw.n. 
mont  ua»  neither  diHpoHition  nor  occasion  to  dissent.  Hut  it  cannot  nx'ard  It  as  in 
any  way  ap)>licah]e  to  tlio  prenent  case. 

it  is  true  Iteyond  tpiestion  that  when  a  private  vessel  is  seized  for  an  allci^ed  infraction 
of  tho  lawM  of  tho  conntry  in  which  ti>e  seizure  takes  place,  and  the  lactof  tlie  infrac- 
tion, or  the  exact  legal  construction  of  tho  local  statnto  claimed  to  be  tranNnrftssed  is 
in  disi)ute,  and  is  in  process  of  determination  by  tho  proper  tril)unal.  the  UKVemment 
to  whicli  the  vessel  boloiifts  will  not  usually  interfere  in  ailvance  of  such  dclcnnina- 
tion  and  before  aciiuiring  the  information  on  which  it  depends.  And  CMpr-ciallv  when 
it  is  not  yet  inforiue<l  whether  the  conduct  of  the  officer  making  the  sfiziire  will  not 
be  re|>udiated  by  the  fJovernment  under  which  he  acts,  so  that  interfen'iicowillbe 
unnecessary.  Tliis  is  all,  in  etl'ect,  that  wa-  said  by  Mr.  Fish  on  (hat  occasion.  In 
HngnaKo  iinniediately  folluwiu);  that  quoted  by  Lord  Iddcsloigh  he  remarks  as  fol- 
lows (itali«'s  being  minnU 

"  Tho  present  embarrassment  is  that  while  we  have  reports  of  several  seizures  upon 
|{ronnds  an  stated  hji  the  interested  parties,  which  seem  to  be  in  contravention  of  iutonia- 
tional  law  iuid  special  treaties  reilatinjj;  to  the  lisheries,  these  a//»'f/<(f  caawsufscizare 
are  regarded  as  pretensions  of  over  zealous  titticers  of  the  Hritish  navy  and  the  colo- 
nial vessels,  which  will,  as  we  hojie  and  are  bound  in  courtesy  to  ex]H'(t.  Iit>  repndi. 
ated  by  the  courts,  before  which  our  vessels  are  to  b»i  brought  for  adjudication.' 


Hut  in  the  present  case  the  facts  constituting  the  alleged  infraction  by  the 
seized  are  not  in  disimfe.  except  some  circumstances  of  aTlegcd  aggravatiminot ma- 
terial to  tho  vi.lidity  of  the  seiz.ire.  The  original  ground  of  the  .sciv.ure  wan  the  pni- 
chase  by  the  master  of  tho  vessel  of  a  small  quantity  of  bait  from  an  iuhaliitantof  j 
Nova  Scotia,  to  be  used  in  lawful  tishing.  This  purchase  is  not  denied  by  the  owners 
of  tho  vessel,  and  tho  United  States  Oo\  eminent  insists,  Jirst,  that  such  an  act  it  not 
in  viidation  of  the  treaty  of  1H18,  and  second,  that  no  then  oxi.sting  statute  in  Great 
Britain  ;  r  Canada  authorized  any  proceedings  aganst  the  vessel  for  such  an  act, even 
if  it  conld  be  regarded  as  in  violation  of  tho  terms  of  the  treaty,  ami  no  .such  statute  j 
has  been  as  yet  produced. 

In  respect  to  tho  charge  subseiiuently  brought  against  tho  Adams,  and  upon  which 
many  other  v(  sstds  have  been  seized,  that  of  a  technical  violation  of  the  cnstonisact, 
in  «)initting  to  report  at  tho  custom-house,  though  having  no  bnniness  at  theiwrnand 
in  some  instiiiices  where  the  vessel  seized  was  not  within  several  inilf- of  the  lauding), 
tho  United  States  Government  claim,  while  not  admitting  that  the  onii.ssion  to  report 
was  oven  a  technical  transgression  of  the  act,  that  even  if  il  .veiv,  no  Iiarm  liiiving 
been  done  or  intended,  the  jirocoedings  against  the  ves.selsfor  an  in.vdvertencentthat 
sort  were  in  a  high  degree  harsh,  unreasmiable  and  unfriendly,  espcci.illy  as  lor  many 
years  no  smli  «'rt'ect  has  been  given  to  the  act  in  respect  to  th<^  tishing  veiisels,  and  no  | 
previon.s  no* ice  of  a  change  in  Its  construction  has  l>een  promulgated. 

It  m'onis  ai>par««it,  therefore,  that  tho  cases  in  (luestion,  as  tlioy  aro  to  be  consm- 
ered  between  thi«  two  (iovernments,  priAsent  no  points  uiiou  which  tho  decision  of  tne  I 
courts  of  Nova  Scotia  need  be  awaited  or  would  be  material.  i  uli  1 

Nor  is  it  aiiv  longer  open  to  the  United  States  (iovermnent  to  anticipate  that lae 
acts  ctiinplainVd  (ff  will  (as  sai<l  by  Mr.  Fish  in  the  dispatch  aiiove  fiuote( )  berepn- 
dialed  as  the  "i)retensionsof  oveizealons  oOicersof  the  •  •  •  ndtuual  veiaeii.  J 
because  thev  have  Iteen  so  many  times  n-peated  as  to  constitute  a  ''^'K"''"'^-  ,,'",,! 
procedure,  have  been  directed  and  approve<l  V»y  the  Canadian  Govermueut.auiina  I 
been  in  n«)  wise  disapproved  or  n-straine<l  by  llor  Majesty's  Government,  thougu  j 
peatedlv  and  earnesth;  j>rotested  against  on  the  part  of  the  United  .Slates. 

It  is  therefore  to  Her  Majesty's  C.overnnient  alone  that  the  United  ^''''''*' |''";,yj 
nient  can  look  for  considoration  and  redress.  It  cannot  couwMit  to  .'"^"""f"' ''  j^j. I 
or  Indirectly,  a  party  to  the  proceedings  complained  of,  nor  to  await  y"'"'',  .j,|, ! 
tion  before  tho  (|tiostions  involved  between  the  two  Governinentrt  .shall  Dt'  "''''"^j^^jj' 
Those  questions  appear  to  the  United  States  Government  to  slaixl  upon '."«'"''  8  '  j 
and  to  be  deti-rinined,  in  large  part,  at  least,  njion  verv  ilirterent  '^""•'J!''''''f ' "' .jon 
those  ujion  which  the  courts  of  Nova  Scotia  must  proceed  in  the  pendiuf?  ''"'^.  ,„„, 

Lord  Iddesleigh,  in  the  noto  above  referred  to,  proceeds  to  express  ''^V  ''  ,,„! 
repiv  has  yet  been  received  from  the  Ignited  States  Government  to  tbe  »^v  "'  f^j.) 
all  the  points  in  controversy  contained  in  the  report  of  the  Cauadiau  luiuisit 
rine  and  lisheries,  of  which' Lord  Kosebeiy  had  sent  mo  a  copy. 


AMERICAN   FISHERIES. 


971 


ry  to  rt'pput  it,  and  I  am 


'  Inawmich  as  Lord  Id«h>Hlpijjli  and  his  prodocessor,  Lord  Roaebery,  have  declined 
altogfthor,  on  tlio  i)art  of  1  lor  MnjoHty's  Oovernmont,  to  discuss  these  qneations  until 
the  ciiWH  in  which  they  urine  Hhall  have  been  judicially  decided,  aud  as  the  very 
elaborate  arguments  on  tlie  Hubject  i)reviou8ly  subinitted  by  the  United  States  Gov- 
ernment, rojuain,  therefore  without  reply  it  is  not  easy  to  jierceivo  why  further  dis- 
cusMion  of  it  on  the  j)*rr,  of  the  United  States  shouhl  bo  expected.  So  soon  as  Her 
Majesty's  Government  consent  to  enter  upon  the  consideration  of  the  points  involved, 
any  BiiKgestitms  it  may  advance  will  receivf-  immediate  and  respectful  attention  on 
the  part  of  the  United  States.  Till  then  further  argument  on  that  side  would  seem 
to  be  neither  consistent  nor  proper. 

Still  h'ss  can  the  United  States  Government  consent  to  be  drawn,  at  any  time,  into 
a (lisciission  of  the  subject  wiiii  the  colonial  Government  of  Canada.  The  treaty  in 
(inestion,  and  all  the  international  relations  arising  out  of  it,  exist,  only  between  the 
Governments  of  the  United  States  and  of  Great  Ihitain,  and  between  those  Govern- 
lucntsouly  can  they  be  dealt  with.  If,  in  entering  upon  that  consideration  of  the 
subject  wiiich  the  United  States  have  insisted  upon,  the  arguments  contained  in  the 
report  of  the  Canadian  minister  should  bo  advanced  by  Her  Majesty's  Government, 
I  (IcMiot  conceive  that  they  will  bo  found  difficult  to  answer. 

Two  suggestions  contaiiwd  in  that  report  are,  however,  specially  noticed  by  Lord 
Iddesleigh,  as  being  "  in  reply  "  to  the  arguments  contained  in  my  note.  In  quot- 
iugtho  substance  of  tho  contentions  of  the  Canadian  minister  on  the  particular  points 
referred  to,  I  do  not  understand  his  lordship  to  depart  from  tho  conclusion  of  Her 
Majesty's  Government  he  had  previously  announced,  declining  to  cuter  upon  the  dia- 
cusflioii  of  the  cases  in  which  the  questions  arise.  He  presents  the  observations  of 
the  report  only  as  those  of  tho  Canadian  minister  made  in  the  argument  of  points 
upon  which  Her  Majesty's  Government  decline  at  present  to  enter. 

1  do  not,  therefore,  feel  called  upon  to  make  any  answer  to  these  suggestions  ;  and 
more  especially  as  it  seems  obvious  that  the  subject  cannot  usefully  be  discussed 
upon  one  or  two  suggestions  ap])ertaining  to  it,  and  considered  by  themselves  alone. 
While  those  mentioned  by  Lord  Iddesleigh  have  undoubtedly  their  i)Iaco  in  the  gen- 
eral argument,  it  will  bo  seeti  that  they  leave  quite  untouched  most  of  the  propositions 
and  reasoning  set  forth  in  my  note  to  Lord  Rosebery  above  mentioned.  It  appears 
III  nie  that  the  question  cannot  be  satisfa(;torily  treated  aside  from  tho  cases  in  which 
they  arise,  and  that  when  discussed  the  whole  subject  must  be  gone  into  in  its  entirety. 

Tho  I'nited  States  Government  is  not  able  to  concur  in  the  favorable  view  taken 
by  Lord  Iddesleigh  of  tho  elforts  of  the  Canadian  Government  "to  promote  a  friendly 
negotiation."  Tnat  the  conduct  of  that  Government  has  been  directed  to  obtaining 
a  revision  of  the  existing  treaty 'S  not  to  bo  doubted ;  but  its  efforts  have  been  of  such 
aiharacteras  to  preclude  tho  ])rospei't  of  a  successful  negotiation  so  long  as  they  con- 
tinue, and  seriously  to  endanger  the  friendly  relations  between  the  United  States  aud 
Great  Britain. 

Asi(li>  from  the  question  as  to  the  right  of  American  vessels  to  purchase  bait  in 
Canadian  ports,  such  a  construction  has  been  given  to  the  tn^aty  between  theUuited 
States  inul  Great  Britain  as  amounts  virtually  to  a  declaration  of  almost  complets 
nou-intcrcourse  with  .\mericau  vessels.  The  usual  comity  between  friendly  nations 
has  been  refused  in  their  case,  aii.l  in  one  instance,  at  least,  tho  ordinary  offices  of 
humanity.  'The  treaty  of  friendship  and  amity  wl;i;!h,  in  return  for  very  important 
eoncessidus  by  the  IJnited  States  to  Great  Britain,  reserved  to  the  AuK^rican  vessels 
certain  spc^citied  privileges  has  been  construed  to  exclude  them  from  all  other  inter- 
eourse  louunon  to  civilized  life  and  to  universal  maritime  usage  among  nations  not 
at  war,  as  well  as  from  the  right  to  touch  and  trade  accorded  to  all  other  vessels. 

Aud  finite  aside  from  any  question  arising  upon  constructionof  the  treaty,  tho  pro- 
visions of  the  custoin-hon.se  acts  and  regulations  have  been  systematically  enforced 
;igainst  Ani.'rican  ships  for  alleged  petty  and  technical  violations  of  legal  roquire- 
lUfuts  ill  ;i  manner  so  unreasonable,  unfriendly,  and  unjust  as  to  render  the  privileges 
accorded  by  the  treaty  practically  nugatory. 

It  is  not  f(u-  a  inoinent  contended  by  the  United  States  Government  that  American 
vessels  slioiild  be  exempt  from  those  reasonable  port  and  custom-house  regulations 
^^bicli  are  in  force  in  countries  which  such  vessels  have  ticcasion  to  visit.  If  tUey 
choose  to  violiit(>  su-h  requirements,  their  Government  will  not  attempt  to  screeu 
them  iriiin  thejii.st  li'gal  consecjuences. 

lint  wliiit  the  I'nited  States  Government  complain  of  in  these  cases  is  that  existing 
legnlatioiis  have  been  construed  with  a  tecUnical  strictness,  and  enforced  with  a  se- 
verity, i>  cases  of  inadvertent  and  accidental  violation  where  no  harm  was  done, 
which  is  both  nnusnal  ami  tuinecessary,  whereby  the  voyages  of  vessels  hav"  been 
liroken  up  and  heavy  ptni.ilties  incurred'.  That  the  liberal  and  reasonable  construc- 
tion of  these  laws  that  had  prevailed  for  many  years,  aud  to  which  tho  lishormeuhad 
I'ecomo  accustomed,  was  changed  without  any  uotico  given.  Aud  that  every  oppor- 
tunity of  unnecessary  interference  with  the  American  fishing  vessels,  to  the  preju- 
<bte  and  destruction  of  their  business,  has  been  availed  of.    Whether,  in  any  of 


972 


AMERICAN    FISHERIES. 


li" 


II 


">  luauvof 


thMe  nmm,  a  tuohiuoal  violatiou  of  aumn  re(|iur«niont  of  law  had,  niton  cIoha  mid  ^, 
vere  oonHtniotion,  taken  uUoo,  it  in  not  uuHy  to  deterniiuo.    Hut  ii  huoIi  ruhwwflr 
generally  onforood  in  snoh  a  uinuuer  in  tlm  jiorlH  of  th«  worltl,  no  v«'h(H)1  could  sail 
safety  Witliout  (larryinK  a  solioitor  verHed  in  the  iiari«aci©8of  ruvouno  imd  porireiMi" 
lationa.  ^  " 

It  i«  nnnccesHarv  to  Hpucify  tbo  varloiiH  cjwies  roftiritHl  t»),  uh  tho  faiits 
iieui  havo  boon  alroady  laicl  boforo  hor  &IaioAty'N  Governmttiit. 

Since  tlu^  nMHMi»t  of  J^onl  IdiloHlei^h'H  noto  th«*  IJnitod  HttitOH  Cioverninont  has  learned 
with  pravo  i-e>t»^it  that  Ilor  Maieaty'ti  iwMent  hiv*  boen  K'ven  to  tho  mt  of  tlio  I'arlia. 
inent  of  C'aiuula,  paHMod  at  Uh  Into  soMHion,  ontitlod  "  An  aot  fiirfhor  to  im»t«iul  the  act 
rt^8(>cotinK  tiHhiu^  by  foroi^n  vciM«dH,"  wliich  haN  Inien  tho  Hulijoot  of  oltwrvation  in 
tho  i»rovions  corroHpondenco  on  tho  itubjuot  botweon  tho  UovornmentH  of  tlio  Uulted 
StatoH  ant!  of  Oroat  Hritain. 

hy  tlit»  provlsionH  of  thiH  act  any  foreign  ship,  vesHol,  or  boat  (whothor  tsngujjodin 
fishiUK  or  not)  found  within  any  harbor  in  Canada,  or  within  ;{  niarino  niiioHot'  ''anv 
of  tho  coastH,  bayH,  or  oreokH  of  Canada,"  may  be  brought  intt)  port  by  miy  of  the 
ofQcore  or  )>orennH  moutiouod  in  tho  aot,  hor  carj^oHuurchod,  antl  hor  nniHtW  cxaiuiued 
npon  oath  tonchinjj  tho  car^o  and  voyuj^o  under  a  heavy  penalty  if  tlie  (iinistiooK 
iwked  ar^  not  truly  answered ;  and  if  Huoh  ship  has  entered  Huch  wiUt>rH  "foratv 
pvrvote  not  permitted  by  treaty  or  convention  or  by  law  of  the  Unit«(l  Kiiigdom  or 
of  Canada,  for  the  time  beiUK  in  force,  such  ship,  voi»«d,  or  Itoat  and  Mio  tavkle,  tin- 
ging, apparel,  furniture,  stores,  and  carpt  thoixtof  shall  bo  forfeited." 

It  has  been  pointed  out  in  my  note  to  Lord  Iddosloigh,  above  moutioued,  tliatthe 
3-mile  limit  reforrou  to  iu  this  act  \h  claimed  by  tho  Canadian  Govornnmnt  toiialude 
consiilenible  portions  of  tho  liigh  seas,  euch  as  tho  Bay  of  I-'undy,  the  Hay  of  Cha- 
leur,  and  Himilur  waters,  by  drawing  the  line  from  headland  to  heiulliind,  aiMl  that 
American  tishernien  had  l>een  exolu<ied  from  those  waters  accordiuely. 

It  has  been  seen  also  that  the  term  ''  any  purpose  not  permittetl  by  treaty"  isbeld 
by  that  Government  to  comprehend  every  possible  act  of  human  iatercourse,  eacept 
only  the  four  pur])oaes  named  in  the  treaty — shelter,  reimirs,  wood,  and  water, 

Under  th«>  provisions  of  th«>  recent  act,  therefore,  and  tho  Ciinadiun  interpretation 
of  the  treaty,  any  An>'  rican  lishing  veswd  that  may  venture  into  a  Canadian  buibor, 
or  may  have  occaNion  to  ])aHs  thmugh  tho  very  extensive  waters  thus  comprehended, 
may  bo  seized  at  tho  discretion  of  any  one  of  numerouH  subordinate  otiiccrs,  carried 
into  port,  Hui),jected  to  search  and  tho  examination  of  her  urvster  upon  oath,  her  voy- 
age broken  U|),  and  tho  vessel  anil  cargo  conliscatcd,  if  it  shall  bo  duterniinod  by  the 
local  authoritied  that  shtt  has  ever  oven  posted  or  receive<l  a  letter  or  lauded  a  fin- 
sengcr  in  any  part  of  Her  Majesty's  dominions  in  America. 

And  it  is  publicly  ttnuounceil  in  Canada  that  a  larger  licet  of  crniHerH  is  being  pre 
pared  by  tho  authorities,  and  that  greater  vigilance  will  be  exerted  on  their  {lurt  in 
tho  next  lishing  s<>ason  than  in  the  last. 

It  is  iu  the  act  to  which  the  one  above  referred  to  is  an  amendment  that  is  found 
the  provision  to  which  I  drew  attention  in  a  note  U>  Lord  Iddesleigh  of  December  J. 
ItibU,  by  which  it  is  enacted  that  in  case  a  dispute  arises  as  to  whether  any  seizun 
has  or  has  not  Imjcu  legally  made,  tho  bunion  of  jtroving  tho  illegality  of  the  seizure 
shall  be  upon  the  owner  or  claimant. 

In  his  reply  to  that  note  of  January,  11,  1887,  his  lordship  intimates  that  this  pro- 
vision is  intended  only  to  impose  upon  a  person  claiming  a  liceuHo  tli«*  burden  of 
proving  it.  lint  a  inference  to  the  act  sfhows  that  such  is  by  no  means  the  restriction 
of  the  enactment.  It  refers  iu  tho  broadest  and  clearest  terms  to  any  seizure  that  :s 
made  nn<ler  the  provisions  of  the  act,  which  covers  tho  wludo  subject  of  protectwu 
against  illegal  lishing  ;  and  it  applies  not  only  to  tho  pniof  of  a  license  to  (isli,  bntto 
all  questions  of  fact  whatever,  necessary  to  a  determination  as  to  the  bfjalityot  a 
seizure  or  the  authority  of  the  person  making  it.  .     . 

It  is  quite  unnecessary  to  jtoiut  out  what  grave  eml>arr^uwmcnt^'  may  arise  ni  tiie 
relations  botweon  tho  United  Btates  and  Great  Hritain  under  siieli  adininiNtMtum *• 
is  reasonably  to  be  expected  of  the  extraordinary  provisiouH  of  this  act  and  its  amenu- 
ment,  upoi?  which  it  is  not  important  at  this  time  further  to  comment. 

It  will  be  for  Her  MujeMv's  (;(»vernment  to  determine  l»owfar  itsManctionaudsup- 
port  will  be  given  to  further  jiroct^eilings,  such  as  tho  United StaUM(ioveriimeiitaa\e 
now  repeatedly  ctuiiidained  of  an<l  have  just  ground  to  apprehend  maybe  couliuiief 
by  the  Canadian  authorities.  i    fnre- 

It  was  with  the  earnest  desire  of  obviating  the  iuipeudiug  dillienlty,  uiki  o  P«" 
venting  collisions  and  di^pute  until  such  time  una  permanent iiinleiMantni^'Wi 
the  two  Governments  could  bo  reached,  that  I  suggested,  on  tln^  l''*'^'  ,  •  ,  In. 
States,  iu  my  note  t<.  Lord  Iddosleighof  Sept«udMa-  11,  ItWti,  that  an  «'' 'p™', 
structiou  of  the  terms  of  the  treaty  might  l>e  agreed  on,  to  bo  carried  «"[.">  "''^ 
tions  to  be  given  on  both  sides  without  prejmlice  to  tho  ultimate  c  ainiHOi  ^'""'^;'^^.jj,j 
terminable  at  the  idea^nro  of  cither.  In  an  int«nviow  1  ha«l  the  honor  to  "''^  .  ^ 
his  Lordship,  in  which  this  suggestion  was  discusiWMl,  I  derived  tin- iuii)it»»i« 


AMERICAN    FISHERIES. 


973 


twl,  m>oii  eloso  uud  w- 
iwi  it  Hiioli  riiloswore 
no  v»'HHt*l  could  sail  in 
•evouiit)  uiiil  portregu- 

i  tbu  fuuttt  in  many  of 

ovenuimnt  has  learned 
I  tho  art  »)l'  thoParlia- 
rth'T  to  tiiuf mltlifi act 
tjccl.  of  ol)(«»rvation  in 
iriuiu.'iits  of  tho  United 

kt  (whotlior  mi)ja(;«din 
\  iiiui'in<>  niiloHut'  ''any 
uto  port  liy  imy  of  the 
nl  hor  iimHttT  examiued 
Miiilly  it'  tli«  iiuestion* 
i  Hiich  wiilcrn  '/or any 
liu  UiiitiMl  Kiii);ilom  or 
[iut  and  tho  tackle,  tig- 
loitetl." 
>ve  uitiutiuiitMl,  tliat  the 

Qoveriiiumit  to  intlude 
•'inKly,  th«  Hay  of  Cba- 

t«)  heiullitnd,  und  that 

lonliuKly. 

litttulby  treaty  "is  held 
iiiuii  iatori'ourse,  except 
wuud,  iinil  water. 
Uaiiudiun  interpretation 
into  II  Canadian  harbor, 
MYH  thus  comprehended, 
ordinuto  olliccrs,  wirried 
,8ter  upon  oath,  her  voy- 
jU  be  determined  by  the 
a  lotter  or  lauded  a  pas- 

of  crniserw  is  being  pre- 
Bxorted  on  their  part  in 

nendmcnt  that  is  found 
dcHleiKhof  December  2, 
to  whether  any  seizure 
I  illexulity  "'  the  seizure 

iutiniiites  that  this  pro- 
u  liceuHo  the  Imrdeu  ot 
r  uo  ujeans  the  restriction 
1118  to  (Uiy  seizure  that  IS 
oh>  Bubject  of  protection 
„f  a  license  to  hsli,  bntto 
„  ttH  to  the  legality  of* 

rijucuts  may  arise  in  the 
■r  Hiieb  adminislMtiouw 
u,f  tins  act  and  its  ameiid- 

I  coninient. 
.vliiritHHanctionaudsup- 

dStiiteHtiovernuieiitUau 
.lindmayhoeomiuiied 

nK«UiTienlty,andofpw- 

"/'n.uderstandi.iKW 
tlie  part  ot  the  Lnit  l 
j,  tbal  an  ad  i«^.r,/«cu  ; 
, ..  carried  out  by  m-"^ 
,ato  claims  ole.tlHi.aJ 
_..tbebon..rtohav  ^J 


Hi. 
I 
1 
ad 


lie  regarded  it  with  fiivor.  An  outline  of  Miich  an  arruiigemeut  wnH  therefore  sub- 
nenuently  prepared  by  the  Unite«l  StatcH  Ooveniincnt,  which,  at  tho  request  of  Lord 
Iddesh'ifih,  wiiH  Hubmitted  to  liiin. 

But  loliserve,  with  houio  Hiirpriw,  that  in  bis  note  of  November  ^^0,  last,  bis  lord- 
«bip  refers  to  ibat  proposal  made  in  my  note  of  llth  Heptembor,  as  a  proposition  that 
HiM'Miijesly's  Oovcrnnient  "sboulil  tt'mi>orarily  abandon  the  oxeiciso  of  the  treaty 
rij,'hts  which  tbey  claim  and  wliicb  tliey  conceive  to  be  indisputable." 

In  vicwof  the  very  grave  qneHlions  that  exist  an  to  the  t^xtent  of  those  rijcbts,  in 
respect  to  which  the  views  of  the  United  States  Government  ditt'er  .so  widely  from 
tlio-se  insisted  upon  by  Her  Majesty's  (Joveinment,  it  docs  not  seem  to  mo  an  uiirea- 
winal)le  proposal  that  the  two  tJovernments,  by  a  temporary  and  nuitual  coii(;essh)n, 
without  predjndico,  Khoubl  endeavor  to  reach  some  middle  K'^'ii'd  of  ad  interim  con- 
strmtion.  by  which  existing  friendly  relations  might  bo  preserved,  until  some  perma- 
nent treaty  arrangements  could  be  made. 

The  KMsons  why  a  revision  of  the  treaty  of  1818  cannot  now,  In  tho  oiiinion  of  the 
Inited  .'States  Qovernmont,  be  hopefully  undertaken,  and  which  are  set  forth  in  ray 
iiotuto  Lord  Iddcsloigh  of  September  11,  have  increased  in  force  since  that  note  was 
written. 

I  airain  re.spectfully  commend  the  proposal  above  mentioned  to  the  consideration  of 
Her  Majesty's  Oover'ument. 
I  liave,  &c. 

E.  J.  PHELPS. 

The  most  honorable  the  Makquis  ok  Salishury,  K.  O. 


No.  18. 


Mr.  Bayard  to  Mr.  Phelps. 


Xo.  528.J 


Department  of  State, 
••  Washington,  February  1,  1887. 

Sir:  I  received  oil  the  29th  ultimo  a  reply  from  the  British  minister 
at  this  ciiintal  to  my  notes  to  him  of  tlie  IDth  and  20th  of  October  last 
relative  to  the  cases  of  the  American  fishing  vessels  "  Pearl  Nelson  " 
and  "  Everett  Stoele." 

The  note  of  Sir  Lionel  West  serves  only  to  inclose  the  communication 
of  the  Marquis  of  Lansdowne  to  Mr.  Stanhope.  Whilst  the  letter  of 
Lord  Liiiisdowue  proceeds  upon  the  assumption  of  grounds  never  ac- 
cepted by  this  Government  as  the  basis  of  discussion  of  the  rights  of 
imr  ti.'^horinen,  and  fails  to  admit  the  obvious  and  essential  right  of 
Americiiii  fishermen  to  resort  for  purposes  not  abusive  of  the  ancient 
inivilejies  guaranteed  by  the  treaty  of  1818,  in  the  Canadian  bays  and 
liaibors,  .\et  1  am  glad  to  see  that  the  tone  of  his  <liscussion  indicates 
the  growth  of  a  disposition  to  consider  the  case  of  the  American  fisher- 
lueu  in  a  more  friendly  light  than  heretofore  in  the  discussions  of  the 
pst  season. 

The  letters  will  be  communicated  to  Congress  as  supplementary  to 
the  information  heretofore  laid  before  them  by  tho  President. 
I  am,  &c., 

T.  F.  BAYARD. 


:a 


mil 


974 


AMERICAN   FISHEUIES. 


Ill— MISCELLANEOUS. 

r  No.  10. 

Mr.  JlntilikisH  to  Mr.  Parker. 

* 

No.  95.]  Unitkd  Statks  Consulate, 

Ottawa,  Janiiarif  ;J,  1887.     (Keceivwl  Jiiimary  0.) 
Sir:  I  liav(Mlio  Immiof  to  transmit,  uikIci*  scpn rate  cover,  iuldri'sscd 
to  the  State  Departinent,  a  printed  copy  of  the  aiiKMuh-d  llslieries  act 
as  approved  by  the  Queen.  ' 

I  am,  sir,  your  obedient  servant, 

TIJOS.  \V.  IJOTCIIKISS, 

United  IStates  Commercial  Agtnl 


Laxsdownr.    [l.  8.] 


CANADA. 


Victoria,  by  tho  grace  of  Go<1.  of  tho  Unitod  Kingdoui  of  Great  Brilaiii  and  Ireland, 
Queou,  Defeu«l«r  of  tho  Faith,  &c.,  &c.,  &c. 

To  all  to  Khom  these pruenta  shall  come,  or  whom  the  samemay  in  any  wise  concern, grectkf. 

A  PHOCLAMATIOX. 
JNO.  8.  D.  Tll<»MI'80N, 

Altorne!)-(itncral,  Canada, 

Whi'n-HM  in  iiiul  by  the  tifty-Hfth  Hrctioii  of  a  i:<'rtain  act  of  th«  I'iiiliumi'iit  ol  our 
Uu:te«l  Kiiiji:<l<ini  of  (ireat  Hritain  aiul  Ireland,  patwed  in  tl»o  8t«»si(tn  tiiert^of,  luld  iu 
tho  thirtiotii  aiul  tliirty-first  yearsof  our  rii^n,Hn<l  intituled  "An  act  tor  tlm  imioaof 
Canada,  Nova  Scotia,  and  New  llruuHwick  and  tho  j{overnm«'nt  thercot,  and  for  jiiir- 
noses  fonnccted  then^with,"  it  i«  in  eUoct  «'nafted,  that  where  a  bill  imsnt'd  liy  the 
lionHes  of  I'arliainent  is  prenenteil  to  the  j^overnor-jfeneral  ten-  our  absent,  he  sliall 
deoUir«i  aee<»rdiu);  t(»  his  discretion,  but  snbjt-et  to  the  jirovi.siims  of  the  act  in  ncifal 
and  to  our  instrnctions,  either  that  he  assents  tliereti^  in  our  name,  or  that  he  with- 
holds our  assent,  or  tiiat  lie  reserves  tho  bill  for  tiie  sij^nilicatioi!  of  our  iilcaMirt'; 

And  whereas  in  and  by  the  lilty-seventh  setitionof  the  said  aet  it  isiiifUcctt'uucted 
that  a  bill  reserved  for  tlie  signilieation  of  our  pleasure  shall  not  have  any  force 
unless  and  until  within  two  years  from  the  day  on  which  it  was  pnsi'iitcil  to  the 
j^overnor-Kencral  for  «nir  assent,  tho  jjovernor-^^i'neral  si;;nities  by  spcfcli  cir  iiu'»sa);e 
to  each  of  the  houses  of  I'arlianient  or  by  proclumatiou  thalit  liasreceiNeilllitasneiit 
of  us  in  council; 

And  whereas  at  the  session  of  the  Parliunient  of  Canada  held  in  the  forty-niuth 
year  of  our  reinn  a  certain  bill  intituleil  "An  act  furtherto  amend  the  act  ns|iirtiuj,' 
fishing  by  foreign  vessels"  was  passed  in  and  by  the  Heiiate  and  the  House  of  Coiiiiiions, 
and  was  sul)8e<jueutly  presented  to  the  most  honorable  8ir  I  liniyCliark'n  Keith  IVtty 
Fitzinaurice,  Manjuis  of  Lansdowne,  our  governor-general  of  Canada,  for  oiiras'seut 
thereto,  ami  our  said  goveiiior-geueral  did,  in  inirsuance  of  tho  authority  vosttd  iii 
bim  by  the  said  lirst  above  recited  act,  declan)  that  be  reserved  tho  said  l)ill  for  the 
iiiguitieation  of  nur  pleasure  ;  ~ 

And  whereas  tlie  said  bill  wiw  l;tid  befoio  us,  iu  oiir  most  honoiable  privy  council, 
at  the  court  at  Windsor,  on  the  twenty-sixth  day  of  November,  in  the  year  of  our 
Lord  one  thousand  eight  liundred  and  eighty-six,  whereupon  we  were  pleawd.  Iiyiimj 
with  the  advice  of  our  privy  council  aforesaid,  to  declare  oiir  assunt  to  the  naid  wll' 

Now  know  y«  that  we  have  been  pleased,  according  to  tho  provisioi's  (d  the  said 
act  of  tbe  Parliament  of  the  United  Kingdom  of  Great  B.  itaiu  and  Ireland,  to  signily, 
and  do  by  this  onr  proclamation  signify,  that  the  said  bill  intituled  "Au  act  tiiritier 
to  amend  tho  act  respecting  fisbiug  by  foreign  vessels,"  has  received  our  assent  lu 
council.  ,,| 

In  testimony  whereof  we  have  caused  these  our  letters  to  bo  made  patent,  ami  lu 

ereat  seal  of  Canada  to  bo  hereunto  afUxod.      Witness  our  right  trusty  uud  eutirej 
eloved  cousin  the  most  honorable  Sir  Henry  Charles  Keith  Potty  Fitzniaurice,  Marquis 
of  Laosdowne,  in  tbe  county  of  Bomerset,  Earl  of  Wycombe,  of  Chipping  Wyeomue, 


AMEUICAN    FiSHEttlliS. 


975 


\ny  iriae  concern,  jrecliiij: 


nnry  of  WiltH,  and 
uckM,  ill  tliu  poor* 
ouiit  ClaniiiHiirico 


„  tlipoonnty  of  RiickH,  ViHcouiit  Caliio  and  CaliiMtonc',  in  fho  roii 
Lunl  Wycoiiibe,  liaron  <>(  C^hijipiuK  VVytoniW,  in  tiui  connty  of  IJ 

ai[fl  of  ("Jifiiit  liritain;  Earl  ot  Kmry  and  Karl  of  .Siiollmnio,  Vi«!i 

aii(lFitziiiauri(!o,  Uaron  of  Korry,  Lixnaw,  and  Dnniicrron,  in  flio  peerngo  of  Ireland  ; 
Knight  Grand  C'roHs  of  onr  nio(*t  DistinnuiHlnid  Ordur  of  Saint  Michael  and  Saint 
i.iorge;  povernor-general  of  Canada,  and  Vice-Adnural  of  the  sanio. 

Atom  Oovernment  Houm',  in  onr  city  of  Ottawa,  fhiH  twontv-fonrth  day  of  De- 
,, iiibcr,  in  the  yt^ar  of  our  Lord  one  thoHHand  eight  hnndred  and  cighty-Hix,  and  in 
iho  tilticth  yeiir  of  our  reign. 
l!y command:  J.  A.  CIIAPLEAU. 

.  Secretary  of  State. 

i.j  [4(J  Victoria..    Chap.  114.]  f 

An  act  further  to  amend  the  act  resprciinff  fishing  bi/ foreign  ve»8eln. 

inwrvotl  by  thn  (rovnrnornonoriil  on  Wrdiu'Riliiy,  '.'il  .riiiiP.  IHHd,  for  tlio  RljiiiiOratinnof  tlio  Qiiprn's 
iilmsure  tliiToon.  Uoyal  ohhoiiI  given  liy  Mor  Mi^icHty  in  cimncil  ou  the  2(lth  day  of  Noveinbur,  1886. 
rioclamation  tliorwol"  made  od  the  24th  clay  of  DetiHinbur,  1880.] 

Whcri'iiH  it  is  expedient,  for  flie  more  ert'cctnal  protection  of  the  inshore  lisheritfH  of 
(iinada  iinainst  intrnsion  l»y  I'oreignerH,  to  further  amend  the  act  inmlued,  "An  act 
roiicetiiif;  lishing  by  foreign  vesselH,"  panwd  in  the  thirty-lirst  year  of  Her  Mujesty'.s 
niiin,  uiid  cliai)tt'r<'d  sixty-one  : 

riicretbroller  MaJeMty,  by  and  \vitb  the  advice  and  conHont  of  the  Senate  and  lIouHe 
i>n'(iiiiiii()im  of  Canada,  enacts  as  follows  : 

(1)  The  .section  snlmtitute«l  by  the  lirst  section  of  the  act  thirty-third  Victoria, 
liaptcr  l.\  intituled  "An  act  to  anuuid  the  act  respecting  lishing  by  foreign  vessels," 
inr  the  third  section  of  the  hereinberore  recited  /let,  is  hereby  repealed,  and  the  fol- 
lowing Kcction  substituted  in  lien  thereof; 

":t,  Any  one  of  the  otlieerH  or  persons  hereinbefore  mentioned  may  bring  any  shij), 

I  vessel,  or  boat,  being  within  any  harbor  in  Canada,  or  hovering  in  Hrirish  waters 

i  within  three  marine  miles  of  any  of  the  coafits,  bays,  creeks,  or  harbors  in  Canada, 

into  port,  and  search  her  cargo,  and  may  also  examine  the  inaHter  upon  oath  touching 

'  the  Citrgo  and  voyage ;  and  if  the  master  4>r  person  in  command  does  not  truly  answer 

tliPi|iii'(itions  put  to  liin*  in  such  examination,  he  shall  incur  a  penalty  of  $\00',  and 

iismtiHliip,  vessel,  or  bwat  is  foreign,  or  not  navigated  according  to  the  lawsof  tho 

I  liitcd  Kingdom  or  of  (Janada,  and  (a)  has  been  found  fishing  or  preparing  to  fish,  or 

,  til  liiivc  been  hshing  in  Hriti.sh  waters  within  three  inarini^  miles  of  any  of  the  coasts, 

bays,  creeks,  or  harbors  of  Canada,  not  included  within  the  above-mentioned  limits, 

I  without  a  license,  or  after  the  exjiiration  of  the  term  named  in  the  last  license  granted 

[to  such  Hhip,  vessel,  or  boat,  under  the  lirst  section  of  this  act,  or  (t)  has  entered  such 

[^liters  for  any  purpo.se  not  permitted  by  treaty  or  convc-ntion,  or  by  any  law  of  the 

United  Kingdom,  or  of  Canada,  for  t  he  time  being  in  force,  such  ship,  vessel,  or  boat 

ami  the  tackle,  rigging,  apparel,  furniture,  stores,  aud  cargo  thereof,  shall  be  for- 

I  feited," 

(2)  Tho  acts  mentioned  in  tho  schodulo  hereto  are  hereby  repealed. 

(3)  This  act  shall  be  couHtriied  as  one  with  the  said  "Act  respecting  fishing  l^'for- 
Jtiga  vessels,"  and  the  amendments  thereto. 

Schedule.  v 

Acts  of  the  leyigJature  of  the  Province  of  Xova  Scotia.        ' 


!       -U. 


■■ii 


■';r 


Year,  reign,  and  chapter. 


Title  of  act. 


Extent  of  repeal. 


leTised  katutes,  3d  st-ries,  o.  94. 
0 Vic.  (1800),  c.  35 


Of  the  coust  and  deep-sea  flaberlca 

An  act  to  amend  chapter  9  of  tho  Rt'vised  Stat- 
utes, "Of  the  coast  and  deep-sea  ilRberies." 


The  whole. 
Tho  whole. 


Jot  of  the  legislature  of  the  Province  of  Xetv  liriamrick. 


•Vlo.(1853),c69. 


An  act  relating  ta  the  coast  fleheries  and  for  the 
prevention ;o?  illicit  trade. 


The  whole. 


15-  r\ 


!«■ 


':  l:l 


R 


Senate  Ex.  Doo.  No.  06,  Forty-ninth  CongreM,  second  swiion. 

LETTER     • 

FKOM 

THE  SECRETAIIY  OF  STATE, 

THANHMITTINU 

Btl9i»e(i  lint  of  renHch  inrohed  in  (he  controvvrsy  with  (he  Cunadian 

<iu(hori(icn. 


January  27,  1887.— Ordered  to  be  printed,  and  also  to  l>e  bound  with  Senate  Renort 

No.  1683.  ^ 


•  Depaktmknt  OP  State, 

Wtmhinifton,  January  2t],  Ml. 
SIR:  Rt'.spoiMlhip:  toyonrroqtieHt,  datiMl  the  17th  aiul  received  at  this 
DepartuiiMit  on  tin*  IHtli  iiiMtaiit,<>ii  iK'halfuf  the  (^oininittee on  Foreign 
Relations,  for  a  reviHiou  of  the  list,  heretofore  furnished  by  this  Depart- 
mcnt  to  the  eoiiimittoe,  of  all  American  vessels  seized,  wariicd,  fined, 
or  detained  !>.  the  Canadian  authorities  during  the  year  1880, 1  now 
inclose  the  same. 

Pvvery  sneh  instance  is  therein  chronologically  enumerated,  with  a 
statement  of  the  general  facts  atttMu'.aut. 
Very  respectfully,  yours, 

T.  F.  BAYARD. 
Hon.  George  F.  Edmunds, 

United  States  Senate. 


)', 


List  of  Ameriean  veMeU  aeized,  dttahu-d,  or  trarncd  off  from  Canadian  pi.  'idurins  thekit 

year. 

Sarah  It.  Putnam. — Hevorly,  MnsR.;  CharloH  Raiidolpli,  master. 
Driveu  I'roiu  harbor  of  Pubnico  iu  Htorni  March  )iii,  1400. 


Joseph  Stortf. — Glojicester,  Mam 


in  April,  188C,  for  alleged  violation  j 
hours'  detoutiou. 


Detained  bj  ciiHtoniH  oftlci'ri*  at  Baddeok,  N.  8., 
t..*tho  cuHtoniH  lawH.     licleasod  aft^jr  twenty-four 

Selh  Stockhridge. — Gloucester,  Mass.;  Autone  Olson,  uittster.         ..  - 
Warufd  off  from  St.  Andrews,  N.  B.,  about  April  30,  leWG. 

Anuif  M.  Jordan. — Glouisester,  Mass. ;  Alexauder  Haiue,  master. 
Warned  off  at  St.  Andrews,  New  Brunswick,  about  May  4,  1866. 

David  J.  Adam». — Gloucester,  Mass. ;  Alden  Kinney,  master.  ,  ,,,j 

Seized  at  Digbv,  Nova  Scotia.  May  7,  188(5,  for  alleged  violation  of  tway  "' "7,, 
mt  of  59.  Goorge'  III,  and  set  of  1883.    Two  snito  brought  In  vice  admiralty  conn » 
Halifax  for  penaities.    Protest  tiled  Mav  12.    Suits  pending  stUI,  and  vessel  noip  j 
released  apparently. 
i»76 


▼BS8KL8   SEIZED   BY   CANADIAN   AUTHORITIES. 


077 


,  second  luiion. 


ound  with  Senate  Report 


y  onunierated,  with  a 
T.  F.  BAYARD. 


[•anadian  1.0. 't  during  tkM] 


Thou  afterwards 


Sud'erottprt".— (HoopiTn  (lhMmi'Nl«r(T),  Miihn. 

lloiirdfd  innl  w«iirchf(I.  iiiid  cniw  rudi<ly  tn-alod,  hy  Canadinn  offlcials  lt»  Canio 
Bay,  N'ovii  N<'"tia,  Mi»y.  I'^'^'- 
i:Ua  M.  /*(>M</*h/. —Port land,  Mr.  ;  Wuiti-ii  A.  DoiiKhty,  niiiNt<>r. 

S.u.(l  ut  .St.  Amrn,  (;u|M<  IJn-loii,  Miiy  17,  |hi^«>,  for  allfji;,.,!  violutloii  of  tho  onstoms 
l.iws.  Suit  wiiH  iiiMritutitd  in  vir«i  ndiiiiially  court  Ht  liiilit'ax,  Novu  Scntia,  but  waa 
MiliMiiiifiitly  iiliiiiidoiu'd,  mid  vi-hmcI  wjih  K-U-UKt'd  Juno  ^K,  inHil 

./iHiiit  (iH(/ ./«'i«.— MiiMtport,  M<'. ;  \V.  ll/rruviN,  iiiUHtur.  . 

Wiuiitil  oil' lit  Dinhy,  Novu  Scotiiv,  l»y  cunIoiiim  odietTM,  May  IS,  1886. 

I.iicii  .iiiH.-(i\o\\vt'HU'r,  MaHH. ;  .Tortt'ph  II.  Smith,  iiiurtti'r. 
Waiiitd  otliit  Variiioiitli,  Nova  Scotia,  .May  'M,  l-^pKl. 

ilallhiir  A>a«i/.— OloiU'cstpr,  Mush, 
Detained  at  Soiiri.t,  I'rinco  K<lward  l!4hitul,one  day  fur  ailt«gcd  violation  of  cunt^ms 

laws,  111    at  May  :Jl,  iHWii. 

JamiD  .1.  ^^lr/ll•W.— (thxiccHtcr,  Miihm. 

llirwitt'iied,  aliout  Juim  1,  I88(i,  with  Mcizurc  for  haviiiji  iturcham'd  bait  iu  »  Cauo* 
(linn  liiirbor. 

Mitrllia  if.  Ilradhi. — (JloiuscHter,  Mumh.;  .1.  F.  Vcntior,  master, 
Wuiiicd  oil  at  t'au.so,  Nova  Sotia,  lutwetm  Juno  1  and  8,  I88G. 

Eli:a  llo!;nton. — OlonceHter,  Mbkh.;  (leorRO  E.  Martin,  niaHtor. 

Wariiid  oil'  at  C'anH  >,  Nova  Scoiia,  helween  Juno   I  and  D,  1880. 
(litaiiii'tl  in  manner  not  reported,  and  released  October 25,  1880. 

.l/dnfof.— (iloiiceNter,  Miibs.;  Alexander  McKiudiern,  niauter. 
Warned  oil' at  Tort  Amiiei*Ht,  Mandaleu  Inlands,  Juno  10,  1880. 

rtoHKid /•'. /}n.i/<rrff—GloiiceHter,  Mush;  James  McDonold, 'roaster. 
Warned  oft  at  lionuo  Bay,  Newfoundland,  June  I'i,  1880. 

■lamen  H.  Trdif/.— Portland,  Me;  Webber,  master. 
Crew  refused  pri-,  ilege  of  landing  for  uecetutaries  at  Brooklyu,  Nova  Scotia,  June  1.5 

orlli,  18St).  .^     , 

(i(;/ i'oifif.— Portland,  Me,;  Keene,  mister. 

iX'tained  at  Siieibiirne,  Nova  Scotia,  July  2,  188(5,  for  alleged  violation  of  ciistoais 
liiws.  Penalty  of  §100  deinaiided.  Money  deposited,  under  protest,  July  12,  and  iu 
addition  ^\'M  costs  deposited  July  14.  Fine  aiul  costs  refunded  July  21,  and  vessel 
rtieuBcil  August  2(i.  Harbor  dues  exact«d  August  20,  notwithstanding  vessel  had 
been  ret'Uvsed  all  the  privilegec,  of  entry. 

C.  P.  //arnnyfofi.— Portland,  Me.;  Frellick,  macter. 

Dwtaiiied  at  Shelbnrne,  Nova  Scotia,  July  'A,  1»8*),  for  alleged  violation  of  customs 
iawH;  tined  9400Jnlyr>;  tine  deposited,  under  protest,  July  12;  $120  costa  deposited 
July  11 ;  refunded  July  21,  and  vessel  released. 

Hereward. — Gloucester,  Mass.;  McDonald,  master. 

Detained  two  days  at  Caiiso,  Nova  Scotia,  about  July  3,  1886,  for  shipping  seamea 
contrary  to  port  laws. 

G.  W.  Cuithing.—Vortlni\d,  Me.;  Jewett,  master. 

Detained  July  (by  another  report,  June)  '.i,  1880,  at  Shelbume,  Nova  Scotia,  for  al- 
leged violation  of  the  ciisfoms  laws ;  fined  $400  ;  money  deposited  with  collector  at 
Halifax  about  July  12  or  14,  an<l  $120  for  costs  deposited  14th;  costs  refunded  July 

'21,  and  vessel  releaseil. 

Gohlen  ilind.— Gloucester,  Sfass. ;  Ruben  Cameron,  master. 
Warned  off  at  Bay  of  Chaleurnt,  Nova  Sooti  i,  ou  or  about  July  23, 188G. 

,Vord/i/.— Portland,  Mo. ;  H.  A.  Joyce,  master. 

Warned  off  at  Pictou,.Nova  Hcotia,  June  2y,  188<i,  where  vessel  bad  entered  for  coal 
and  water;  also  refused  entrance  at  Amherst,  Nova  Scotia,  July  24.    . 

'V./.J/i»pr.— Booth  Bay,  Me. ;  Diekso.i,  master, 

Detained  at  Hopewell  Cape,  New  Brunswick,  for  alleged  violation  of  customs  laws, 
onJuly  24, 188tj.    Fined  $400, 

''''''/^'■•— GlnncpHterj  Mass.;  A.  F.  Cunningham, master. 

Warned  off  at  Cause,  Nova  Scotia,  June,  1880.  Detained  in  port  of  Shelburne,  Nova 
'.cotia,  where  vessel  entered  seeking  shelter  August  3, 1880.  Kept  under  guard  all 
light  and  released  on  the  4th. 


I 


a.  Ex.  113- 


-63 


1)78 


VESSELS   SEIZED   BY    CANADIAN    AUTIIOKlTIIiS. 


Caroline  Vought. — Booth  Buy,  XIo, ;  Cliurlos  S.  R«»od.  muster. 
WanuMl  oft  at.  Paspebiac,  Xtnv  Bruiu  wick,  ami  rdiisod  water,  August  4,  li^SC. 

Shiloh. — Gloiicestcr,  Mush.  ;  ClmrloH  Nevit,  r.uiHtiT. 
Boardetl  at  Livfr[)o«»l,  Js'ova  Scotia,  August  l>,  and  bubjectcd  to  rude  mirveillaiice. 

Julia  Ellen. — Booth  Bay,  Me. ;  Dumps,  master. 

Boarded  at  Eivernooi,  Nuv»  Scotia,  August.  I),  188(5,  and  suhjected  to  rncie  gnrveil- 
lanrc. 

Freddie  W.  Alltoii. — Provineotowu,  Mans. ;  Allton,  umsteir. 

Boarded  at  Liveri>ool,  Nova  t^cittia,  August  l>,  lHdt>,  and  subjected  to  rude  gnrveil- 
huico. 

Howard  //o/biooA,— (iloueester.  Mass. 

Detained  at  HawkeHiiurR,  Capo  Breton,  Au.u;u«t  I',  IttT),  for  alle«;i'd  violati(mofllio 
^;n8tOIU8  laws.  Released  August  "iO  on  deposit  of  !|UM).  Question  oficiiiissioii  ot'tiiR' 
still  pending. 

A.  R.  Critfendcn. — Oloueester,  Mass.;  Bain,  master. 

Detained  at  llawkesburg.  Nova  Scotia,  August  27,  1886,  for  allejieil  violation  of 
customs  laws.  Four  Inindred  dollars  penalty  deposited  August  28  without  protest,  ami 
vessel  releas«'d.  Three  hundred  and  seventy-tivo  dollars  remitted,  and  a  noQiiiialline 
of  fi".J")  imposed. 

2IoUic  Adams.-  -Gloncesler,  Mass.;  Solomon  Jacobs,  master. 
Warned  off  into  storm  from  Straits  of  Canso,  Nova  Scotia,  August  31,  1886. 

Ilii/hland  Lifihl.—WeW&cd,  Mass.;  J.  II.  Ryder,  master. 

Seized  oil'  Ea.st  Point,  Prince  Edwanl  Island,  September  1,  ISf'B,  while  fisbiDg within 
prohibited  line  Suit  for  forfeiture  begun  in  vice-adujiralty  court  at  CbarloitctowD. 
liearing  set  for  September  20,  but  postponed  to  September  'M.  Master  admitted  ik 
charge  and  confessed  judgment.  Vessel  coudomued  and  sold  December  IJ  Pnr- 
chased  by  Canadian  Coverui.ieut. 

I'earl  Xdnon. — Provlncetown,  Ma.s8.;  Kemp,  master. 

Detaine<l  at  Ariehat,  Capo  Breton,  September  8,  IdHtJ,  for  alleged  violation  of  enstomj 
laws.  Released  September  9,  on  deposit  of  $200.  Deposit  refunded  Oc toler  26, 1666. 
I'ionar. — (Gloucester,  Mass. ;  F.  F.  Crnched,  master. 

WariH'd  oil"  at  Canso,  Nova  Scotia,  Sei»tcmbcr  9,  1&96. 

Ererftt  *'/«/.— Gloucester,  Mass.;    Charles  II.  Forbes,  ma.ster. 

Detained  at  Shelburne,  Nova  Scotia,  September  10,  1-rt),  for  alleged  violation  of 
customs  laws.     Releasj-d  by  order  from  Ottawa,  Sept4'mber  11,  18d(i. 

Mora  CimtJe. — Gloucester.  Mas:^. ;  Edwin  M.  .Joyi-e,  master. 

Detained  at  llawksbury.  Nova  Scotia,  .September  11,  IHHt).  on  clinrjje  oi  having 
BmnggltMl  goods  into  Chester,  Nova  Scotia,  in  1HH4,  and  also  of  violating  custonu 
laws.  A  dejiosit  of  :jl,(',<K>  demanded.  Vessel  discharged  Novendier  iii>.  18-t),  on  pay- 
ment, by  agreement,  of  -$I,<MK)  to  Canadiau  (jov(^runu>at. 

William  I>.  DuiHiii,. — {;lou<«'st<'r,  Mass.;  ,1.  E.  Gorman,  master. 

Detained  at  Soiiris.  Prince  Edward  Island,  Oetol)er  4,  lH8d,  for  alleged  vi.datioLof  j 
customs  Liw,     Fined  ^KK),  and  releastul  on  itayment ;  8:J7r>  of  the  lino  remitted. 

jLflMrrt  <S<i,vtra»r/.--Glouee8ter,  Ma-ss. ;  Medeo  Rose,  nnistor. 
Retusi-d  privilej^e  of  lamling  to  buy  provisions  at  Sholburi    ,  Nova  Scotia,  Octouer 

r.,  ies(). 

Marlon  Grimen. — Ghmcester,  Mass.  .... 

Detained  at  Shelburne,  Nova  Scotia,  October  •>.  for  violation  of  port  laws  lu  fan- . 
ing  <o  report  at  custfuu  house  ou  entering.     Fiuwxl  $100.    Money  paid  uuutr  protest 
and  vessel  relejused.    Fine  remitted  December  4,  i*5(i.  [ 

Jef»«{<»  iS«i»crn«,  — Gloueestor.  Mass. ;  Joseph  Tupper,  master.  .      , 

liafused  privilogi)  of  landing,  and  vessel  placed  under  guard  at  Liverpool,  Mv»  j 
Scotia,  October  20,  18S6. 

F/i/iny  5cM«f.— Glonccsfer,  Mass.  i„,  »i,nntl 

Detained  for  alleged  violation  of  customs  laws  at  Halifax,  November  1,  or  aouu.) 
that  time.    Releasim  November  10,  lc*8(5. 

Sarah  H.  rri<w.— Boston,  Mass.  ^hnma  , 

Refused  the  restoration  of  a  lost  seine,  which  was  found  by  a  Canadian  scuoouc,] 
December,  lH«i. 


;i  t 


lijecteil  to  ruilo  sarveil- 


VESSELS   SEIZED   BY   CANADIAN   AUTHORITIES. 


979 


goat  (name  unknown). —Stoplion  R.  nnlcom,  master,  Eastport,  Me. 
Warixd  olVat  St.  Andrews,  New  Bruuswiek,  July  9,  1M8(»,  with  ot 


olucr8. 


Tin  small  hoalu  (nnnnined).  — OliarloH  Smith.  PtMnhroke,  Me.,  master. 
Seized  at  East  Quaddy,  New  Brunswick,  Septemb«'r  1,  18«6,  for  alleged  violation  of 

fustoiu!*  laws. 

nniid  (foreign  bniltV— Gloncester,  Mass. 
Seized,  warned  off,  or  molested  otherwise  at  some  time  prior  to  September  6,  1886. 

ihheii  A.  iSrtotP.— Injury  to  this  vessel  Las  not  been  reported  to  the  Department  of 
Stite. 
EU:aA.  T/ioma«.— Injury  *o  this  vessel  has  >-ot  been  reported  to  the  Department  of 

State. 

iri'''--JK'a)ie.— Eastport,  Me.;  William  Foley,  mastei. 
ij'ined  at  L'Etang,  New  Brunswick,  $75  for  taking  away  lish  without  getting  a 
clearance;  again  N'^vember  13,  18S6,  at  St.  George,  New  Brunswick,  lined  ^20  for 
similar  offense.    In  both  cases  ho  was  proceeding  to  obtain  clearances. 


r,    ,  Nova  Scotia,  October 

Money  paid  uuuerprote^V 
."'•aardatUverrool,Sov»| 


,.1  by  a  Canadian  Bcbooner, 


T! 


11 


Senate  Mis.  Doc.  No.  54,  Forty-ninth  Congress,  sscoud  sessiou. 
IN  TOE  SKNATi:  OF  THE  UNITED  STATES. 


FEBurARY  s,  ldj!7.— Onlenil  to  bw  printed. 


Mr.  Ei)MT^Ni>s  Kubmittpd  tlio  following: 

CUMilUXlC.lTiOy  FROM  SVEXVER  F.  HAIRD,   UNITED  STATES  COMillS- 
*  SIOXKR  OF  FISH  AND  FISHERIES. 

U.  S.  Commission  of  Fish  amd  Fisueriks, 

Washington,  D.  C,  February  5, 18SI, 
SiH:  I  fi>rwiir«l  herewith,  lor  your  iiifonnatio>i,  a  ('oi)y  ofacouiniuui- 
catioii  from  Mr.  K.  Edward  Earll,  in  cliarfiooftlio  J)ivisioii  of  Fisheries 
of  this  Commission,  ac('omi>anied  by  ;  '-st  o*^"  Now  Eiighuul  lisliiiig  ves- 
.seLs  which  have  been  inconveniei'  t  1  'leir  ilshiiig  operations  by  tlie 
Canadian  authorities  during  the  past  season;  the.so  being  in  additioa 
to  the  ves.sels  mentioned  in  the  revised  list  of  vesisels  iiivolvod  iii  ihe 
controversy  with  the  Cana«lian  authorities,  furnished  to  your  committee 
on  January  20  by  the  Secretary  of  State. 

The  i)aper8  containing  the  statements  were  received  from  tlie  owners, 
masters,  or  agents  of  the  vessels  concerned,  and,  thouj;h  not  accompa- 
nied by  affidavits,  are  believed  to  be  correct. 
Very  respectfully,  yours, 

SPENCFK  F.  HAIHD, 

Commmiomr. 

Hon.  George  F.  Edmunds, 

Chairman  Committee  on  Foreign  Relations,  United  IStates  Senate. 


U.  8.  Commission  of  F"       ^  d  Fisheries,   _ 
Washington,    '.  C    February  i),lS^'- 

Sir:  Some  time  since,  at  j-our  recjuest,  1  m»...  t  circulars  to  owners 
or  agents  of  all  New  England  vessels  employed  in  tiie  food  lisli  fisheries. 
These  called  for  full  statistics  of  the  ve.s.sel.s' operations  diiriii;;  the  year , 
1,SS«»,  and,  in  addition,  tor  stateuients  of  any  incoiiveiiiciiccs  towiiicii 
the  vcs.sels  ha<l  been  subjected  by  the  recent  action  of  the  Caiiadaa 
(iovernment  in  denying  to  American  fishing  vessels  the  ri?ht  y^"^U 
bait,  ice,  <>r  other  su'pplies  in  its  ports,  or  in  placing  unusual  rtstnctioiis 
on  tlie  use  of  its  harbors  for  shelter.  , 

A  very  large  i)ercentage  of  the  reidies  o  these  circiiliUN  have  alroafl.U 
been  received,  and  an  examination  of  sanie  s?'o\vs  that,  in  '"''/'f'^"  J 
the  vessels  mentioned  in  the  revised  list  transmitted  by  tl>t' >'^*''™'M 
of  State  to  the  Committee  on  Foreign  Relations  of  the  I  !:itt'«  J5t.m»j 
Senate  on  Jannarv  20, 1887,  sixty-eight  other  New  Knglanil  ''^/'"''jf/Jji 
.sels  have  been  su'bj«'eted  to  treatment  which  neither  the  treat}  oi  i-^  | 
nor  the  i>rinciple.*j  of  international  law  would  ^:eem  to  ^\a^a^t. 

860 


CANADIAN    FISHERIES. 


"J81 


second  Ee8ii)ii. 
STATES. 

ted. 


1  iiidosc  for  yonv  coiisideriitioii  ii  list  of  tliese  vessels,  togetbor  with 
11  brief  abstract  of  the  stuteiiu'iits  of  the  owners  or  masters  regarding' 
the  tie.atiiieiit  received.  The  .statements  were  not  accompanied  by  afli- 
(bvits,  Imt  are  believed  to  be  entirely  reliable.  Tlie  name  and  address 
of  the  inforniiint  are  given  in  each  instance. 

Very  respectfully,  yours,  ., 

K.  KDW  AJJO  EARLL, 
"  In  Charge  iHriNioti  of  Fisheries. 

Prof,  Spencer  F.  IUird, 

U^  S.  Commissioner  of  Fish  and  Fisheries. 


wing 

rF.]>  STATES  COMillS- 
KS. 

MI)  Fisheries, 
^,  February  5,  ISSI. 
a  eoi»y  of  a  commimi- 
)  Division  of  Fislieries 
England  lisliiii;];  ves- 
ing  oj)erati(>ns  by  tlie 
leso  being  in  additioa 
essels  involved  iu  ihe 
lied  to  yoiir  committee 

Bived  from  the  owners, 
]  though  not  accompa- 

.:i{  F.  15AI1J1), 

Comnm'ma: 

United  States  Senate. 


D  Fisheries, 
February  a,  I'i^i' 
,  i  circulars  to  owners 
itlicicHMlfishtisheries. 
rations  duri..;,' the  year 
,,onvenience.  owl 

.etion  of  the   'a-ia- 
%sels  theri-httobii 
„g  unusual  ivstnetioiiS 

MMrculars  have  already 

ws  that,  in  a.hM.on 

Lit  ted  I'V  the  ^n^J)^ 
,sof  thel-'.-.twlfeW; 
„,  i.:ugla.ul  fohin :  vM 
Hl,,r  the  treaty  otWl»j 

t-m  to  w  arrant. 


PAHTIAI,  I,'«T    (IK    VKSSKI.S     INVOI.VEO   1\     m  ;    FISIIKIUKS   CONTItOVKItSY   WITH   THK 

CASADIA     AirnournKs,  KKo.M  inkoicma  .uix  FLu:.isni.i>  to  tim-;  uxitku  staiks 

lOMMISSIONKIt   OK    KISH    AN'1>    K1SIIKH1E8. 

ISupplcinentiiis  11  list  traiiHiiiitti-d  to  fli.!  CnniinilttM- on  Foioiau  Ki'lalioiis,  Uniteil  States  Senate,  by 

till)  SecittHiy  ofSliiti',  Jiuuiavy  l!U,  1887. 1 

KlkaA.  Thomcs  (schooner). — Portland,  Mo.;  E.  S.  Bibbs,  uiastef.  Wrecked  on  Novh 
Scotia  Kliore,  anil  unable  to  obtain  assistance.  Crew  not  iieiiuitted  to  laud  or  to 
siivo  anything;  until  perniissiou  was  received  from  captain  of  ciitttu-.  Canadian 
(illicialH  jdaced  mnird  over  lish  saved,  and  everything  saved  from  wreck  narrowly 
escaped  confiscation.     (From  statements  of  C.  I>.  Thomes,  owner,  Portland,  Me.) 

Climlbia  EllHWorlh  (schooner). — Eastport,  Me. ;  .lames  Ellsworth,  master.  Entered 
Port  Hastinfff",  Cajie  Breton,  for  wood;  anchored  at  10  o'clock,  and  reimrted  at 
ciistoui-liouse.  At  'i  o'clock  was  boarded  by  captain  of  cniter  Hector  and  or- 
dered to  sea,  bein;;  forced  to  leave  withont  wood.  In  every  harbor  entered  was 
refused  privilejjo  of  bnyin-jf  anythinjj.  Anchored  nndor  lee  of  land  in  no  harbor, 
but  was  comi)elled  to  enter  at  custom  house.  Iu  no  two  harbors  were  the  fees 
alike.     (From  stat^uneutsof  Jann-s  Ellsworth,  owner  and  inr.ster,  Eastport,  Me.) 

Manil-^.  ^/((^/(schooner). — Wellheet,  Mass. ;  Sinjon  Berrio,  master.  In  .July.  1p81),  lost 
seine  otl' js'orth  Cape,  Prince  Edward  Island,  and  not  allowed  to  make  any  repairs 
(in  sluire,  causing  a  iirokeii  voyage  and  a  lonjj  delay.  Kan  short  of  provisions, 
and  being  denied  privilege  of  buying  any  on  land,  had  to  obtain  from  another 
American  vessel.     ( '•''rom  statementsof  Fi<!ennin  A.  Snow,  owner,  Welllleit,  Mass. ) 

Stowell Shnman  (schooner). — Provincetown.  Mass. ;  S.  F.  Hatch,  master.  Not  allowed 
to  purchasiv  niMcssary  supplies,  and  oliliged  to  report  at  custom-houses,  situated 
at  distant  and  inconveuieut  places;  ord-red  out  of  harbors  iu  stress  of  weather, 
uiiniely,  out  of  Cascumpeo  harbor,  Prince  Edward  Isl.ind,  nineteeu  hours  after 
entry,  and  out  of  Mal]te(iue  harbor.  Prince  Edward  Island,  tifteen  hoars  after 
entry,  wind  then  blowing  too  hard  to  admit  of  lishing.  •  Keturned  h(ime  with 
broken  trip.  (From  statou'cuts  of  Samuel  T.  Hatch,  owner  and  master.  Province- 
town,  Mass.) 

^Mkr  L.  liich  (schooner). — Wellfleet,  Mass.;  Obadiah  Rich,  master.  Ordered  out  of 
.Malpeque,  P.  E.  I.,  iu  unsuitable  weather  for  lishing,  having  been  in  harbor  only 
12  hdins.  Denied  right  to  purchase  provisions.  Forced  to  enter  at  custom-hou8(^ 
at  Port  llawkesbnry,  C.  B.,  on  Sunday,  collector  fearing  that  vessel  would  leave 
bitnre  Monday  and'he  would  thereby  lose  his  fee.  (From  statements  of  Obadiah 
Hich,  owner  and  master,  Welltleet,  Miiss.) 

|j>er/Aa  ]),  Sickirson  (schooner). — Booth  Bay,  Me.;  N.  E.  Nickerson,  masier.  Occa- 
sioiu'd  considerabio  expense  by  being  denied  Canadian  harbors  to  procure  crew, 
and  detailed  in  spring  while  waiting  for  men  to  come  from  Nova  Scotia.  (From 
tttateiuents  of  S.  Nickersou  &.  Sons,  owners,  Booth  Bay,  Me.) 

•\(i((!(  /;,  Haw, 8  (scliooucr).— Welltleet,  Mass.;  Thomas  C.  Kennedy,  mast.  i.  Re- 
fused privilege  v^  buying  in-ovisions  in  ports  on  Bay  St.  Lawrence,  and  in  conse- 
(|uence  obliged  to  leave  tor  home  with  half  a  cargo.  Made  harbor  at  Shelburne, 
Nova  Scotia,  in  face  of  stoi'ni,  at  5  p.  m.,  and  unwter  immediately  started  for  cus- 
tom-house, 5  miles  distant,  meeting  cai>tain  of  cutter  Terror  on  way,  to  whom  ho 
explained  errand.  On  rotnruiug,  found  two  armed  nien  from  cutler  on  his  vessel. 
At7  o'eloek  next  morning  was  ordered  to  sea,  but  lefu.sed  to  go  in  the  heavy  fog. 
AtDo'clook  tho  fog  lifted  slightly  and,  though  the  barometer  was  very  low  and  a 
«torm  inuninent,  vessel  was  forced  to  leave.  Soon  met  the  heavy  gale,  which 
spht  sails,  causiu'j  considerable  damage.  Captain  of  Terror  denied  claim  to  right 
01  leiimining  in  harbor  twenty  four  hours.  (From  statements  of  T,  C.  Kennedy, 
'•art  owner  and  master,  Welllleet,  Mass.) 


.-. — --i-** 


1)82 


CANADIAN   FI8IIERIE& 


t  4 


Eelen  F.  7Vfrf/rt  (schooner).— Capo  Pornoisp,  Mo. ;  R.  J.  Nuuan,  mastor.  July  an 
18.S(),  cuttTcd  Port  Latour,  N.  8.,  for  Hlioltcr  uiul  water.  Was  ordered  imiiiediatelv 
to  aciv.    ( I'-foiii  8tato!nonts  of  R.  J.  Nnnau,  owner  and  master,  Cii^o  I'orijoise,  Me ) 

Xellie  AT.  Snow  (schooner).— WeilUcet,  Mass. ;  A.  E.  Sno\r,  master.  Wrh  not  allowed 
to  jiurchiisc  jtrovisioiis  in  any  Canadian  ports,  or  to  rniifc  or  land  and  8hip  fish 
"onseqnently  ohlifjcd  to  K'avo  for  homo  with  broken  trij).  Not  l>oimittt'(l  tore- 
main  in  ports  ionj^er  than  h>ral  Canadian  officials  saw  lit.  ^l■'rom  statoiiieuts of 
J.  C.  Younji,  owner,  Wcdllleet,  Mass.) 

Gertnidi'  Sainmim  (.sciiooner). — Welillect,  Mass. ;  N.  »S.  Snow,  master.  Kcfased  imvi- 
ie^e  of  pinvhasiuK  provisions,  Avhieh  resulted  in  injury  to  voyaj^e.  Found  harbor 
regulations  uncertain.  Sonietinica  could  remain  in  port  twenty-four  hours,  affain 
was  ordered  out  in  three  hours.  (From  statements  of  N.  S.  Suow,  owmr  and 
master,  WelUleet,  .Ma.s.s.) 

Charhi*  /i.  fVuxhhiijton  'schooner). — Wellflect,  Mass.;  .Tesso  S.  Snow,  master.  Master 
vras  inforuuul  hy  collector  at  Ship  Harbor,  C.  13.,  that  if  he  bought  provisions, 
even  if  actually  necessary,  he  would  be  subject  to  a  line  of  flOU  for  each  oH'ense! 
Refused  i)ermis»iion  by  the  collector  at  Stmris,  P.  E.  I.,  to  buy  provisions,  and 
wa-"*  comi>elled  to  return  homo  September  lit,  before  clows  of  lishiuj;  scison.  Wa.s 
obli>{ed  to  report  at  custom-houso  every  tinio  ho  entered  a  harlior,  even  if  oulyfor 
ehelter.  Foun«l  no  regularity  in  the  amount  of  fees  demanded,  this  being  appar- 
ently at  ♦In-  option  of  the  collector.  (From  statements  of  Je.sse  8.  iSnow,  owner 
and  luasttT,  Welltleet,  Mass.) 

John  M.  y^ii// (schooner). —  I'rovincetown,  Mass.;  N.  W.  Freeman,  master.  Drivenoat 
of  (Julf  of  St.  Lawren<e  to  avoid  lino  of  ^400  for  landing  two  men  in  the  port  of 
Malpetjue,  P.  E.  I.  Was  «lenied  all  supplies,  except  wood  and  water,  in  same 
nort.  (From  statements  of  N.  W.  Freeman,  owner  and  master,  Proviucetoffu, 
Mass.) 

ZepAi/r  (schooner) — ^Eastport,  Me.;  Warren  Pulk,  master.  Cleared  from  Eastport, 
May  :il,  IHdtJ,  nniler  register  .'"or  West  Isles,  N.  U.,  to  buy  herring.  Collector  re 
fused  to  enter  vessel,  telling  captain  that  'f  he  bought  lish,  which  were  plentyat 
the  time,  tho  vessel  would  ho  seized.     Relurncd  to  East  port,  losing  ahout  aweck, 

'  which  resulted  in  considerable  loss  to  owner  and  crew.  (From  statements  ot 
Guilford  Mitchell,  owner,  Eaetport,  Me.) 

Abdon  Keene  (schooner). — Bremen,  Me. ;  William  C.  Keene,  master.  Was  not  allowed 
to  ship  or  land  oew  at  Nova  tecotia  ports,  and  owner  had  to  i)ay  for  their  tranj- 

fK)rtation  to  Maine.     (From  slatenicutsof  William  C.  Keene,  owner  and  master, 
Jremen,  Me.) 

ITi/Ziam  iiccwc  (sehooner).— Portland,  Mo  ;  Daniel  K\iiball,  master.  Nntallowedto 
ship  a  nuin  or  to  send  a  man  ashore  except  fi>r  water,  at  Liverpool,  N.  8..  and  or- 
dered to  sea  as  soon  as  water  was  obtained.  (From  statements  of  Ileiny  Trefe- 
then,  owner,  Peak's  Island,  Me.) 

John  Nye  (schooner.)— Swan's  Island,  Me. ;  W.  L.  Joyce,  master.  After p,iyin<j entry 
fees  and  harbor  dnes  was  not  allowed  to  buy  provisions  at  Malpeiiue,  1',  E.  I, and 
had  to  return  homo  for  same,  making  a  broken  trip.  (From  statements  of  \V.  L. 
Joyce,  owner  and  master,  Atlantic,  Me.) 

Aaa  II.  Pervere  (schooner).— WelUleet,  Mass. ;  A.  H.  Gore,  master.  Entere.l  liarlwr 
for  shelter;  ordered  o'lt  after  ai  hcTurs.  Denied  right  to  purchase  food,  ttroui 
statements  of  S.  W.  Kemp,  agent,  Wellfleet,  Ma-ss.) 

Xathan  Cleaves  (schooner}.— WoHUeot.  Mass. ;  P.  E.  Hickman,  master.  Ran  short  ot 
provisions,  and,  not  being  permitted  tobn  ',  left  for  home  with  a  broken  voya;;e. 
Customs  oQlcer  at  Port  Mulgravo,  Nova  Scotia,  would  allow  ])unha.sn of  provis- 
visions  for  homeward  passage,  hut  not  to  continue  fishing.  (From  stutcmentsot 
Parker  E.  Hickman,  owner  and  master,  W^ellUeet,  Mass.) 

fVrt»iA- O. /iicfc  (schooner).- Welllleot,  Mass.;  Charles  A.  Gorhaui,  master.  >ot  pw- 
mitted  to  buy  provisions  or  to  lay  in  Canadian  ports  over  t\venty-limiun"f'' 
(From  statements  of  Charles  A.  Gorham.  owner  an«l  master,  WoHfifiet,  .Mass.) 

Emilia  0.  C'urtln (schooner).— Provincetx)wn,  Mtiss. ;  Elisha  Rich,  master.    Ni't  ai  w-'; 
to  purchase  provisions,  and  therefore  ol)lig«d  to  return  home,    (t  rom  statomeu 
of  Elisha  Rich,  owner  and  master,  Provincetown,  Mass.)  , 

rifiadea  (8chooner).-W^ellfleet,  Mass.;   F.  W.  Snow,  master.     nr'V«'\ '^''l'"  '  „, ,, 
within  twenty-four  hours  after  entering.    Not  allowed  to  ship  or  <'' ''•''"'""* "',, 
under  penalty  of  $400.     (From  statements  of  F.  W.  Snow,  owner  and  ni  wier, 
lleet,  Mass.)  ,  „    cintm 

Charles I\  ^<iroo,f  (seI.o„i.or).-Wellfleet,  Mass.;  Michael  Rurrows,  "''•'^t'lf:    V'^o 
was  not  permitted  to  refit  vessel  or  to  buy  sui.nlics,  and  when  onto  f  """' 
return  home.     Found  Canadians  disiM)s«'d  to  harass  him  ''>'••  1''"  "',"'"  £«. 
inconveniences.     Not  aMowed  to  land  seino  on  C.madian  shore  Icr  pu  pos"  ^^^^^ 
pairing  same.     (From  statements  of  Michael  Burrows,  owner  ami  nia.u  , 
fleet.  Mass.) 


CANADIx\N   riSIIEKIES. 


983 


,st.T,  Afteri;ny|n^outrv 


Gertie  Maji  (scliooner).— Portland,  Mo. ;  I.  DoiiKhf  y,  inastpr.  Not  allowed,  thc-.igb  pro- 
vided  -with  pormit  to  touch  and  trade,  to  piircliasn  fresli  bait  in  Nova  Scotia,  and 
driven  from  harborH.  (From  frtatoments  of  Charles  F.  Guptill,  owner,  Portland, 
Mo.) 

Mami'ft  '"•  'S''"'"'  (schooner).— Portland,  Me.;  Lincoln  W.  .lewott,  master.  Twice 
"compelled  to  return  homo  <'^"vi  Bay  of  St.  Lawrence  with  broken  trip,  not  being 
nl)lo  to  secure  provisions  to  continue  fiHhinjr.  Incurred  many  i»etty  iuconveniencea 
in  regard  to  customs  regulations.  (Froin  stt-'omeuts  of^V.  M.  Smitli,  owner, 
Portland,  Mo.) 

FMeM.  Smith  (schooner).— Portland,  Me. ;  Enoch  Bnlpjer,  luaster.  Came  home  with 
liiilf  fare,  not  beiufj  ablo  to  fret  ])rovi8ions  to  ccmtinuo  lishiiijj;.  Lost  seino  in  a 
liravy  galo  rather  than  bo  annoyed  by  customs  re;;ulations  when  seeking  shelter. 
(Froiii  Btatements  of  A.  M.  Smith,  Portlaixl,  Me.) 

I'aniiu!  J.  Siiurliiiii  (schooner).— Portland,  Me.;  Caleb  Parris.  master.  Subject  to 
many  annoyances,  and  obli<;ed  to  return  homo  with  a  half  fare,  not  beinjj'ablo  to 
procure  provisiiuis.     (From  statements  of  A.  if.  Smith,  owner,  Portland,  Me.) 

Cfli'Wod /Wt  (scho(mer).— Booth  Bay,  Mo.:  Seth  \V.  Eldridgo,  master.  Occasioned 
considerable  expeu.se  by  beiu<;  denied  ri;;ht  to  procure  crew  in  Canadian  harbors, 
and  detained  in  s])rinj?  while  waitiufj;  for  iiu-n  to  come  from  N(.'V:i  Scotia.  (From 
statements  of  S.Nickersou  ct  Sons,  owners,  Booth  Hay,  Me  ) 

Ahhic  M.  Dcering  (schooner).— Portland,  Mi'.;  Enu^ry  Gott,  uuistcr.  Not  being  able 
to  procure  provisions,  obliged  to  return  hon»>  with  a  third  of  a  faro  of  mackerel. 
(From  Btatements  of  A.  M.  Smith,  owner,  Portland,  Mo.) 

Cora  ioHJsa  (schooner). — Booth  Bay,  Me.;  Obed  Harris,  master.  Could  get  no  pro- 
visions in  Canadian  ports  and  had  to  return  home  before  getting  full  faro  offish. 
(From  statemeutsof  S.  Nickerson  &  Sons,  owners,  Booth  Bay,  Me.) 

lien  Dale  (schooner). — North  Haven,  Mo.;  R.  G.  Babbidgo,  master.  Not  permitted 
to  buy  bait,  ice,  or  to  trade  in  any  way.  Driven  out  of  harbors,  and  unreasonable 
restrictions  whenever  near  the  land.  (From  statements  of  K.  G.  Babbidgo,  owner 
and  master.  Pulpit  Harbor,  Me.) 

Ckr/c«ira»Ae/i  (schooner). — North  Haven,  Me. ;  Daniel  Thurston,  master.  Obliged  to 
leave  Gulf  of  St.  Lawrence  at  considerable  loss,  not  being  allowed  to  buy  provis- 
ions, (irom  statemcnta  of  C.  8.  Staples,  owner,  North  Haven,  Me.) 
Willie  I'arkman  (schooner). — North  Haven,  Me. ;  William  PL  Banks,  master.  Unable 
to  got  supplies  while  iu  Gulf  of  St.  Lawrence,  which  necessitated  returning  homo 
at  great  loss,  with  a  broken  voyage.  (From  statements  of  William  H.  Banks, 
owner  and  master,  North  Haven,  Me.) 

[  D,  D.  Geijer  (schooner). — Portland,  Me. ;  John  K.  Craig,  inaater.  Being  refused  privi- 
lege of  touching  at  a  Nova  Scotia  port  to  take  on  resident  crew  already  engaged, 
owner  was  obliged  to  provide  passage  for  men  to  Portland,  at  considorablo  cost, 
causing  great  loss  of  time.  (From  statements  of  F.  H.  Jordan,  owner,  Portland, 
Me.) 

[Gooii  Tem/j^or  (schooner). — Portland,  Me.;  Eliaa  Tarlton,  ma.stcr.  Touched  at  La 
Have,  Nova  Scotia,  to  take  on  crew  already  engaged,  but  was  refused  privilege 
and  ordered  to  proceed.  The  men  being  indispensable  to  voyage,  had  them  de- 
livered on  board  outside  of  three-milo  limit  by  a  Nova  Scotia  boat.  (From  state- 
ments of  Henry  Trefethen,  owner.  Peak's  Island,  Maine.) 

|JddiflDnrirf8on  (sc'hooner). — Wellfloet,  Mass.;  John  D.  Snow,  master,  Jur..  '?,  188G,_ 
touched  at  Capo  Island,  Nova  Scotia,  but  was  not  permitted  to  take  on  part  of 
crew.  Boarded  by  customs  ofticer  and  ordered  to  sailwithin  twenty- ''our  hours. 
Not  allowed  tobuyfood  in  portson  Gulf  of  St.  Lawrence.  (From  statements  of 
John  1).  Snow,  owner  and  master,  Wellfleet,  Mass.) 

UUceP.  Uiggina  (schooner).— Wellfleet,  Mass.;  Alvin  W.  Cobb,  master.  Driven  from 
harbors  twice  in  stress  of  weather.  ( From  statements  of  Alvin  W.  Cobb,  master, 
Wellfleet,  Mass.) 

|Ci;no«iirc  (schooner).— Booth  Bay,  Me.;  L.  Rush,  master.  Was  obliged  to  return  home 
before  securing  a  full  cargo,  not  being  permitted  to  purchase  ijrovisions  in  Nova 
Scotia.    (From  statements  of  S.  Nickerson  &  Sons,  owners,  Booth  Bay,  Mo.) 

^M\ad  (schooner).— Lubcc,  Mo. ;  Walter  Kennedy,  master.  Presented  fiouticr  license 
(heretofore  acceptable)  on  arriving  at  St.  George,  N.  B.,  but  collector  would  not 
reeo-;nizo  same ;  was  compelled  to  return  to  Eastport  and  elear  under  register  be- 
toro  being  allowed  to  purchase  herring,  thus  losing  one  trip.  (From  statements 
pt  Walter  Kennedy,  master,  Lubeo,  Me.) 
«"i»o  J.  Groin  (schooner).— Provincetown,  Mass. ;  Joseph  Hatch,  jr..  master.  Took 
permit  to  touch  and  trade ;  arrived  at  St.  Peter's,  Capo  Breton,  iu  afternoon  of  May 
19, 1*S6 ;  entered  and  cleared  according  to  law  ;  was  obliged  to  take  inex]>erienced 
men  lit  their  own  prices  to  complete  tishing  crew,  to  get  to  sea  before  the  nrrival  of 
a  seizing  ofllcer  who  had  started  from  Straits  of  (.'anso  at  5  o'clock  same  afternoon 
m  search  of  vessel,  having  been  advisetl  by  telegiaph  of  the  shipijiug  of  men. 
(Irom  statements  of  Joao[)h  Hatch,  jr..  owiior  and  uuister,  Provincetown,  Jtlasa.) 


\> 


984 


CANADIAN    FISHERIES. 


un 


Lottie  E,  //o/»AiM«(s<lio:)n('i).— Viiiiil  TTavon,  Mo.;   EiiioryJ.  Ilojikins,  niii  Rcfiiioil 

IxTiniNsion  to  buy  any  rtrticlo  of  food  in  Cutiatliuu  ports.    Olttui.pd  Hlidtcr  in 
inrborn  only  by  (Miicring  at  oiiHtorn-hoUH«\     (From  8t,<iteiuont  of  Emory  .1.  Hnn. 
kin«,  o\vin>r  aii<l  iiuiNter,  North  Haven,  Mo.  ' "     ' 

Floriue  F.  yickemon  (Hchoonor). — Chatham,  Maiw.;  Nathaiiiol  E.  EUlridnc,  nia.Hfor.  En 
jittgod  liMhorinun  for  vossel  at  Livofpool,  Nova  Hcotia,  but  action  of  (aiijuiia,, 
GovornuuMit  noccssitatod  tlio  payir^  of  thoir  trannportation  to  tlio  rnittd  iStates 
and  I088 of  ti mo  to  vcshoI  while  avvai  'm^f  thoir  arrival ;  othi-rwiHo  would  l)';>L-oaii"ii 
ft)rtli«ni  on  way  tolishinpijjrounds.  Koturnin>j,  toncliod  at  LivcrpiMd,  luit  immedi- 
ately on  anchoring,  Canadian  olllciaIscamoal)oar<lan<l  rol'uMcd  iitiimiHsiunliirmen 
to  go  awhoro.  Captain  at  oiioo  signiliod  his  intontio"  of  innnt'diiiti'ly  prmwdini' 
on  pansajjo,  bnt  otlioor  provontod  his  dopartnie  >intil  he  had  rcportpd  iitnistom" 
houHo,  vi-ssol  bt'ing  thereby  detained  two  daya.  (From  statenifiit  of  Keudrick  & 
Ijoarso,  owniTH,  South  Harwich,  Mass. ") 

B.H.Ji  (bloop). — Eastport,  Mo.;  Georgo  W.  Copp,  master.  Obliged  to  discontinne 
bin.newj  of  bnying  sardine  herring  in  New  Hruimwiek  ])orts  for  Kiistportcau- 
neriiM,  a.s  local  customs  regulations  were,  during  the  soaHon  of  IHdii,  madosoex- 
acting  that  it  was  impossiblo  to  comply  with  them  without  riHJi  of  t ho  livli  be- 
coming stalo  and  spoiled  by  detention.  (From  Htatoments  of  Goorgo  W.  Copp, 
master,  Eastport,  Mo.) 

Sir  Knight  (.schooner). — Sonthport,  Mo. ;  Mark  Rand,  master.  Compelled  to]i:iy  trans- 
liortaiiini  for  crew  from  Nova  Scotia  to  Maiijo,  the  vessel  not  being  allowtd  to 
call  at  Nova  Scotia  ports  for  theui  on  her  way  to  fho  liHhing  grouuds.  (From 
statements  of  Willijim  T.  Ma«ldoeks,  owner,  Southport,  Me.) 

Uncle  Joe  (schooner.) — Southport,  Mo.;  J.  W.  Pierce,  nnister.  Compelled  to  pay 
transportation  for  crew  from  Nova  Scotia  to  Maine,  the  vessel  not  bein;,'  allnwed 
to  call  at  Nova  Scotia  ports  for  them  on  her  way  to  the  ilshiiig  groundH.  (From 
statements  of  William  '. .  Matldocks,  owner,  Sonthport,  Me.) 

Willio  G.  (schooner.) — Southport,  Mp.  ;  Albert  F.  Orne,  master.  Coinpelled  to  pay 
transportation  for  crew  from  Nova  Scotia  to  Maine,  the  vcs.sel  not  iieinj;  ailnweil 
to  call  at  Nova  Scotia  ports  for  thorn  on  lier  way  to  the  tishiiig  grounds.  (From 
statements  of  William  T.  Mmldocks,  owner,  Southport,  Mo.) 

Lady  Ehiin  (schooner). — Southport,  Mo. ;  George  W.  Pierce,  master.  CimiiMJled  to 
pay  transportation  f«>r  crew  from  Nova  Scotia  to  Maine,  tlio  ves,sel  uot  being 
allowed  to  call  at  Nova  Scotia  ports  for  them  on  her  way  to  the  lisliing  grounds. 
(From  statements  of  William  T.  Ma<l<locks,  owi^er,  Sonthport,  Me.) 

John  II.  Kcnmdii  (schooner). — Portland,  Mo.;  David  Dougherty,  master.  Called  at  a 
Nova  Scotia  port  lor  bait,  but  left  without  obtaining  same,  fearing  .wiziire  and 
fine,  returning  homo  with  a  broken  voyage.  At  a  Nowtonudland  port  wiis  ebarged 
$16  light-house  duos,  giving  draft  on  owners  for  same,  whiili,  licini,' cxeeaiive, 
they  refused  to  pay.     (From  statemeuta  of  E.  G.  Willard,  owner,  rortiund,  Me.) 

ii'ijpJey  V^jjf*  (schooner). — Southport,  Mo.;  C.  K.  Hare,  master.  Ves.sel  ready  to  sail 
when  telegram  from  authorities  at  Ottawa  refused  permission  to  touch  ut  Cana- 
dian ports  to  Bhii»  men ;  consequently,  obliged  to  pay  for  their  transportation  to 
Maine,  and  vessel  detained  while  awaiting  their  arrival.  (From  stateuieutaol 
Freeman  Oruo  &  Son,  owners,  Southport,  Me.) 

Jennie  Armsironn  (schooner).— Sonthport.  Me.;  A.  O.  ^Yebber,  ma.ster.    Vessel readyto 
sail  when  telegram  from  authorities  at  Ottawa  refnsi'd  perniissiou  to  tonehat 
Canadian  ports  to  ship  men ;  consequently,  obliged  to  jiay  fcV  1  heir  transportation 
'  detained  while  awaiting  their  arrival.    (From  statements ot 


to  Maine,  and  vessel 

Freeman  Orne  «fe  Son,  owners,  Southport,  Me.) 
Faw^/uard  (schooner). —Southport,  Me. ;  C.  C.  Dyer,  master 


Vessel  ready  to  sail  when 


"telegram  from  authorities  refused  permission  to  touch  at  Canadian  ports  to  ship 
men  ;  consequently  obliged  to  pay  for  their  transportation  to  Maine,  and  vessel 
detained  while  awaiting  their  avrival.  (From  statements  of  Freemau  Orne  & 
Son,  owners,  Southport,  Me).  , 

Electric  timh  (schooner).— North  Ilavon,  Me. ;  Aaron  Smith,  ninster.  I  liable  too  • 
tain  supplies  in  Cana<lian  ports  and  obliged  to  return  homo  betore  el)laiimi«i»'i 
cargo.     ( From  statonu'uts  of  Aaron  Smith,  master  and  agent,  Nort  h  Haveu,  m) 

Daniel  iimmunn  (whoonor).— Swan's  Island,  Me. ;  John  A.  Gott,  master.    ^<""1'^  '"" 
to  go  without  necessary  untit  while  fishing  in  G"lf  of  St.  i.amvnce.    (t 
statements  of  M.  Stimpson,  owner.  Swan's  io-..na,  J!o.)  ..  , . 

Grorer  Citrtland  (schooner).— Hoston.  Mass. ;  Georgo  Lakeroan,  master,    ^."'"l"'^ 
return  homo  with  only  partial  fare  of  mackerel,  being  rotu^-;a8Ui)plieH  mcauaui. 
ports.     (From  statements  of  H.  F.  Do  Butts,  owner,  Boston,  Mass.)  . 

Andrew  liurnham  (schooner).— lioston,  Mass. ;  Nathan  F.  Blake,  master,    ^'^"''"j  , 
to  buy  provisions,  or  to  land  an<l  ship  fish  to  Uoatou,  thereby  losing  vaiiiauie 
for  fishing.     (From  statoraonts  (»f  B.  F.  De  Butts,  owner,  Bostou,  Mass.; 


CANADIAN   FISHERIES. 


985 


rt  by 
ChiH- 


Jlarri/O.  French  (Holionncr).— Oloncostor,  Maws,;  John  ChiHliolm,  inasfiT.  ncfimod 
liiMiiiission  topnn^haHeaiiy  provisions  or  to  landcar^fo  for  Hliipnicnt  to  tlit)  rnitt-il 
States.    (From  stateniwats  of  John  ChiHliohn.ownor  and  .naHtcr,  Ulonccsttsr,  JIuhh.) 

Col.. 1.  II  fVent'/i  (sclioonor).— Oloncoster,  Mass.;  William  Harris,  niastor. •  Was  ro- 
fustid  pennismon  to  imrchaHO  any  Hupplii«H,  or  to  forward  lish  to  the  honxi  jiort  by 
ii-amcj,  cansini?  inueh  loss  of  tinio  andunont\y.  (From  statcnuints  of  .John  Chi.s- 
liolin,  owner,  (Jloneester,  Mass.) 

ir.  11.  IViUinfiton  (schooner).— (Jloncester,  Mass. ;  D.  S.  Niekorson,  master.  Was  re- 
fused permission  to  pnrehase  any  snpplies,  or  to  forward  fish  to  tho  homo  yxirt  by 
Hteiimer,  eansinij  iniieii  lo.ss  of  time  and  money.  (From  btatementHof  John  Chis- 
lioliii,  owner,  iJloneester,  Mas.s.; 

Ualph  //o(/,';(/oM  (sehoonor). — Gloucester,  Ma.ss.;  Thomas  F.  Hoilgdon,  master, 
(used  i)ermission  to  imrehaso  any  HUpi)lieH,  or  to  forward  tish  to  the  homo  po 
steamer,  eansiiiR  mneh  los.s  of  time  and  money.     (From  statements  of  John  ( 
liolni,  owner,  Gh)ncester,  Mass.) 

/7(((/i(/!''ir/.'/«(f«'l"""i«'r}.— Gioneostor,  Mass. ;  James  A.  Cromwell,  ma.ster.  Not  allowed 
to  buy  any  provisions  in  any  provineial  ports,  and  thereby  eomi)ellcd  to  return  home 
(Inrin;?  the  lishinfj  feason,  eansinj?  broken  voyage  ami  ^reat  loss.  (From  stato- 
lueiits  of  .JanioH  A.  Cromwoll,  owner  and  master,  Gloucester,  Mass.) 

Emma  II".  Brown  (schooner). — Gloucester,  Mass. ;  John  McFarland,  master.  AVasfor- 
liidden  Ijuying  »'iy  pr'nisions  at  provincial  ports,  and  thereby  lost  three  weeks' 
time,  and  was  com;  .led  to  return  liomo  with  only  jiart  of  cargo.  (From  stato- 
iiients  of  John  McFarland,  master,  Gloucester,  Mass.) 

.1/(07/  '^-  TliomaH  (schooner).— Ghmcoster,  Ma.ss. ;  Honry  JJ.  Thomas,  master.  Prohib- 
ited irom  buying  provisitms,  and,  in  consequence,  had  to  return  home  before  close 
of  tishiug  season.  (Fnmi  statements  of  Henry  B.Thomas,  owner  and  master, 
Gloucester,  Mass.) 

llattie  B.  West  (schooner). — Gloucester,  Mass. ;  C.  H.  Jackman,  master.  Prevented 
lron>  buying  iirovisions  to  enable  vessel  to  continue  lishing.  Two  of  crew  de- 
Kcrted  in  a  Canadian  jiort,  and  captain  went  ashore  to  rejxirt  at  custom-house 
and  to  secure  return  of  men.  Was  delayed  by  customs  ollicer  not  being  at  his 
post,  and  ordered  to  sea  bylirst  oflicer  of  cutter  Ilowlett  before  having  an  oppor- 
tunity of  reporting  at  custom-house  or  of  finishing  busines.s.  Had  to  return  and 
report  on  same  day  or  bo  subject  to  line.  Provented  from  shipping  men  at  same 
place.  At  Port  llawkesbury,  Nova  Scotia,  while  on  homeward  passage,  iu>t 
iillowed  to  take  on  board  crow  of  seized  American  fishing  schooner  Mofo  Castle, 
who  desired  to  return  home.  (From  statements  of  C.  H.  Jackman,  master,  Glou- 
cester, Mass.) 

fV/id  .3/aud  (schooner).— Gloncestor,  Miiss. ;  Goorgo  IT.  Martin,  master.  Provided 
with  a  United  States  permit  to  touch  and  V"ide,  entered  Tignish,  Prince  Edward 
Island,  to  purchase  Bait  and  barrels.  Was  prohibited  from  buying  anything. 
Collector  was  offered  permit,  but  declared  it  to  bo  worthless,  and  would  not  ex- 
auiino  it.  Vessel  obliged  to  rotTira  home  for  articles  mentioned.  On  second  trip 
was  not  permitted  to  get  any  food.  (From  statements  of  George  H.  Martin,  owner 
and  master,  East  Gloucester,  Mass.) 

Mn  W.  Bray  (schoQiier), — Gloucester,  Mass. ;  George  McLean,  master.  "On  account 
of  extreme  prohibitory  measures  of  the  Canadian  Government  in  refusing  shelter, 
supplies,  and  other  conveniences,  was  obliged  to  abandon  her  voyage  aud  come 
lioino  without  lish.  (Fiom  statements  of  John  F.  Wouson  &  Co.,  owners, 
Gloucester,  Mass.) 

IhnriiW.  LongfeUow  (scliooner).— Gloucester,  Mass.;  W.  W.  King,  master.  Obliged 
to  leave  to  Gulf  of  St.  Lawrence  with  only  Cri  barrels  of  mackerel,  on  account  of 
restr.ctions  imposed  by  Canadian  Government  in  i)rcventing  captaiu  from  pro- 
curing necessary  supplies  to  coiit'nuo  lishing.  (From  statements  of  John  F. 
Wou.son  &  Co.,  owners,  G'ouccster,  Mass.) 

PiUtliUght  (schooner).— Gloucester,  Mass. ;  James  L.  Kenney,  master.  Compelled  to 
leave  (Julf  of  St.  Lawrence  with  only  DO  barrels  of  mackerel,  because  of  re- 
strictions imposed  by  Cau.-idian  Government  in  j)rohibiting  captain  from  pnr- 
I'liasing  supplies  noiMlod  to  continue  lishing.  (From  statements  of  John  F. 
WouNon  &  Co.,  owners,  Gloucest^'r,  Mass.) 

MkFruiikUn  (schooner).— Gloucester,  Mass. ;  Henry  D.  Kendrick,  nuister.     Obliged 
t'-.  leave  Gulf  of  St.  Lawrence  with  15G  barrels  of  nuickerel,  on  account 
Btrict 
procure 
Bon 


)f  re- 


rictions  imposed  by  Canadian  Government  in  denying  to  captaiu  tho  rigut  to. 
ociire  necessary  supplies  to  cont  inuo  lishing.  ( From  statements  of  John  F.  Won  ■ 
n  &  Co.,  owners,  Gloucester,  Masn.) 


'  ^1 

i>  £ 
i 

t 

\  ■■ 

Is 


986 


CANADIAN    FISHERIES. 


Jftponint  (scliooiicr).— HoHtoii.  MiiHu. ;  K.  S.  Fi^f,  nmstiT.  AngiiHt  27,  IM],  amlinrcil 
ill  I'ort  IliiwU»'Hl)ury,  ('.  K.,  ami  imnuHliiitoly  reporttnl  nt  cuHtom-lioiiHt>.  Dcinir 
Hliort  «)f  jiroviftioiiM,  iniinter  unke<l  «"(»ll»M;tor  lor  ptTiiiiiMi.  »  to  ]»iiy,  Imt  wastwicn 
r^t'llN('d.  i'lic  iniiMtiT  c^^ireHMiiiK  liin  iiitvutioii  of  Hvciiig  th'j  Uiiiti-il  Stulftt  enimiil 
at  I'ort  lliiHtiii;''*,  V.  M.,  :i  niilfH  ilintuiit,  tlio  cimtoiiis  olDcer  fuitxitln  liim  land 
itig  nt  tliat  iiort  to  m-o  i\w  coimiil.  llu«li(l  ho,  liowovt-r,  hiiw  tlic  cohniiI,  Imt  could 
i{i>t  no  aid,  tiit>  consul  Htntiiig  tliat  it'  nroviHJoiiH  woro  t'liriilHlu'd  the  vinscI  wuiild 
iio  m-izod.  MiisttT  Iti'injr  Hick  and  wi.shing  to  n'tiini  homo  by  rail,  at  tlicHiigjien. 
lion  <it'  tlic  coimiil  lie  landed  Hccrctly  uiid  traveled  tliroiiirli  tliu  '•voodii  to  thuHta 
tion,  'A  niilcj*  distant.     (Troin  HtateiuontHuf  E.  S.  Fryo,  owner  un«l  master, Uostoii, 


.*;A= 


Senate  Report  No.  1981,  Forty-ninth  Congress,  second  aession. 
IN  THE  SENATE  OF  THE  UNITED  STATES. 


Febkuauy  '28,  1887.— Ordered  to  bo  priutod. 


Mr.  Edmunds,  Mr.  Ekyk,  aiid  Mr.  Mougan,  iiuniiij-^ors  on  the  \r.\rt  of 
the  Senate  on  the  di.safjreeiiifj  votes  of  the  two  houses  on  th»^  aniend- 
ineut  of  tlie  House  of  Kepresentatives  to  the  bill  (S.  3173)  to  authorize 
the  Tresident  of  the  Unite«l  States  to  j)roteet  and  defend 


.  the  rijjhts 

of  American  lishiiijj  vessels,  American  tishennen,  American  trading 
aud  other  vessels,  in  certain  cases,  and  for  oth(;r 
the  following; 

RE  POUT: 


Mirposes,  submitted 


The  managers  on  the  part  of  the  Senate  of  the  couference  on  the  dis- 
ngieeiiig  votes  of  the  two  liouses  on  their  disagreeing  on  the  amendments 
juoposed  by  the  House  to  the  bill  (S.  3173)  respecting  the  fisheries,  re- 
spectfully report  that  the  bill  passed  the  Senate  on  the  24th  day  of 
January,  1887,  aud  on  February  23  was  returned  from  the  House  of  ilei)- 
resentatives  with  an  amendment  striking  out  the  whole  of  the  Senate 
bill  and  proposing  one  entire  House  a,mendment  in  its  place. 

On  the  24th  the  bill  was  laid  before  the  Senate,  and  the  Uonee  amend- 
ment was  disagreed  to  and  a  committee  of  couference  asked  and  the 
papers  ordered  to  be  printed. 

On  the  2otli  instant  the  House  agreed  to  the  conference,  and  on  the 
L'Otli  the  managers  on  the  ])art  of  the  House  met  the  Senate  managers 
in  the  afternoon  of  that  day,  and  the  differences  in  the  views  of  the 
two  Houses  fully  discussed.  The  House  conferrees  did  not  object  to  tho 
Substance  of  any  part  of  the  bill  as  it  passed  the  Senate,  so  lar  as  it 
goes,  but  the  tirst  part  of  the  first  section  of  the  House  amendment 
undertakes  to  restate  the  enumeration  of  the  cases  and  injuries  men- 
tioned in  the  Senate  bill  by  entirely  dropping  the  classifications  or 
groups  of  vessels  made  in  the  Senate  bill,  aiul  to  bring  all  vessels  of 
tlip  United  States,  of  whatever  character  or  class,  within  one  definition. 

The  ground  on  which  the  Senate  bill  went  in  this  respect  was  that 
United  States  fishing  vessels  purely  had  their  rights  regulated  and 
measured  by  the  treaty  of  1818,  as  having  the  absolute  right  of  fishing 
inshore  in  certain  ports  of  the  marine  territories  of  the  British  domin- 
ions in  North  America  and  being  prohibited  from  fishing  in  other  ports, 
but  still  having  the  right  to  enter  those  other  waters  for  the  purposes 
enumerated  in  the  treaty,  and  not  to  be  abused  witti  a  view  to  fishing 
in  prohibited  waters. 

The  seco!:d  clas.siftcation  of  United  States  vessels  made  in  the 
Senate  bill  covered  precisely  the  same  vessels,  but  having  alsp  a  com- 
mercial (character  obtained  by  having  not  only  a  license  to  fish,  but  also  ' 
under  the  laws  of  the  United  States  a  permit  to  touch  and  trade  in  for- 
eign ports,  and  which,  therefore,  in  their  character  as  trading  vessels, 
"•ould  not,  as  it  was  thought,  be  under  the  i)rohibitory  provisions  of 
the  fishery  treaty  of  1818. 


988 


AMKUICAN   FIsIIKRIES. 


Tlio  tliinl  i-liissiliciition  covt'ird  all  otluT  vessoKs  of  tlu'  UniU'd  States 
not  fulling'  within  the  two  pn>c»'(liii;jj  cImhsi's. 

It  was  tlioii^'lit  l».v  tlu'  StMuiti',  ill  passiuK'  Hit^  bill  in  ticit  I'orin,  tlmt  i 
inoro  cloai  nndrrstandinjx  conld  be  had  of  its  application  ami  nilorci 
nicnt  IhaJi  il  all  thr  vi's.s<'ls  had  been  niasKcd  nnilcr  one  (k'sciiiition 
Tlie  Sonatt'  bill  then  i)nM',t'»'ded  to  jirovijU'  for  vasvn  not  nn'icly  of  tin 
denial  of  treaty  rij;hts  to  purely  lishinj^  vessels,  or  the  ileiiial  (it  Imvfui 
trsidin<r  rifjhts  to  hshinK  vessels  (»therwise  to  toiu-h  and  trade  or  lawful 
rifjhts  to  i)urely  trading;  vessels,  but  to  include  also  unjust  vexation niid 
harassnuMit  as  well  as  exclusion  from  riyhts  to  trade  accorded  to  the 
vessels  of  tlu'  nmst  favored  nation. 

The  House  amendment  applicable  to  the  whole  of  this  part  of  the 
«jnbject  i)urports  to  jjrovide  l(,r  the  eases  of  vessels  of  the  IJiiiicd  Statcv 
which  ''aredenie<l  in  the  ports  or  territorial  waters  of  the  Uritislnld 
minions  in  N(uth  America  rijjhts  to  which  such  vessels  are  eiititlt'd  liv 
treaty  or  by  the  law  of  nations  or  are  <lenied  the  comity  of  treatnuMiriii 
tbo  reasonable  jniviletjes  usually  aceonled  between  lie'^dihorinj,'  and 
fri«'n«lly  nations.'' 

It  is,  with  jireat  n-spect  to  the  House  of  Representatives,  tlioii^rlithy 
the  Senate  niainij^ers  of  the  conterenee  tliat  this  provision  is  not  iicaiiv 
so  adequate  to  tlie  condition  (»f  affairs  as  tin-  ])rovisious  of  the  Hoiiatt' 
bill  which  have  be<n  already  described.  There  is  no  treaty  iiiexistcmt' 
between  the  I'nited  States  and  Her  Majesty's  (loveriiment  on  the  sub 
ject  ot  the  trejitment  of  American  vessels  in  Uritish  Noitli  Ainciican 
waters  or  inuts,  other  than  the  provisions  alrea<ly  referred  to  (oiictrii 
ing  purely  fishinji  vessids  and  contained  in  the  tieaty  ot  iSlS,  witli  |)i).s 
sibly  an  exception  as  it  respects  one  or  two  particular  ports,  and  witii  tin 
exception  of  suidi  provisions  as  are  (contained  in  the  treaty  of  lS71,\vliitii 
provisions  in  this  last-named  treaty  are  in  these  respects  not  applicableto 
the  now  existinj;  dilliculties.  What  positive  rijjhts  "  the  law ofiiatioiis" 
mentioiu'd  in  the  House  amendment  United  States  vessels  t'litcriii;' 
liritish  North  American  waters  are  entitled  to  the  Senate  niaiiafjcrstliiuk 
it  would  be  somewhat  difficult  t(»  detine  or  explain.  lM)r, it  isluiievcil. 
by  what  is  called  the  "law  of  nations"  no  vessel  (jf  the  Tiiited  lState> 
would  have  a  right  to  enter  British  waters  at  all  other  than  undi'i  an 
implied  and  tacit  consent  of  the  sovereign  of  that  country,  which  could. 
at  any  moment,  be  positively  withdrawn  consistently  with  the  iiikIii 
stood  sovereign  rights  of  all  nations.  The  Senate  managers, thiretbic. 
think  that  this  delinition,  nieasure<l  by  the  law  of  nations,  is  really  not 
much  more  thanudetinition  measured  by  the  will  of  the  British  Govtru 
mcut  BO  far  as  exclusion  or  the  regulation  of  conduct  in  such  waters 
might  happen  to  go. 

The  next  phrase  in  the  House  amendment  proposal  to  take  the  place 
of  the  enumerations  and  descriptions  nn  itioned  in  the  Senate  bill  pui- 
ports  to  provide  for  cases  in  which  American  vessels  "are  dt'iiii'd  the 
4'omity  of  treatnient  or  the  reasonable  privileges  usually  aoconled  be- 
tween neighlmring  anil  friendly  nations." 

The  Senate  numagers  are  of  opinion  that  this  phrase,  so  far  as  itap- 
jdies  to  ])urelv  lishing  vessels,  nniy  go  beyond  the  treaty  rights  ot  sucu 
vessels  as  measured  by  the  treaty  of  1S18.  Whether  the  phrasewas 
inteu(le<l  to  include  treatment  and  reasonable  privileges  secured  be- 
•tween  neighboring  and  friendly  nations  by  treaty  such  as  exists  in 
respect  of  IJritish  vessels  of  Her  Majesty's  dominions  in  Kiuope  "i 
waters  of  the  United  States  and  Anjerican  vessels  in  Kuroiiean  l.ntihU 
waters  does  not  ai>pear  to  be  at  all  clear.  It'  it  be  meant  to  cover  sue" 
cases,  then  the  provision  would  be  entirely  inapplicable  to  the  case  »» 


AMKUICAX    riSHEKIKS, 


980 


tho  Uiiiti'tl  States 

I  tliiit  lbrin,th;it  a 
it  ion  ami  cnl'om'- 
•r  one  (U'Sfii|itioii, 
not  iiu'it'Iy  (tf  the 
n'  denial  oi  lawful 
inl  tradt'  <>r  lawfiii 
mjust  vexation  and 
«le  jUHionU'd  to  the 

if  tills  iKirt  of  the 
if  till'  United  States 
sof  the  Hritislnlo- 
is«ds  are  entitled  by 
nityof  treatment  (11 
III  iie'iiliboring  ami 

itatives,  tliounlit  hy 
)vi8ion  is  not  nearly 
isions  of  the  Senate 
lo  treaty  iaexisteiiee 
ernnient  on  tlie  sub 
ish  Noith  Anieiiiau 
referred  to  conccru 
Illy  of  I  Sis,  with  ims 

ir'poi't-'''-""'^^'^'"'"' 
treaty  of  1ST l,\vliidi 

eets  not  ai>|'li<'i'f»l^'^',; 
''  tlu'  law  of  nations" 
tes  vessels  entering 
>nateinana>iers  think 
.  For,  it  is  beiievctl. 
of  the  I'nited  States 
other  than  un-lev  aii 
eountry,  which  eouKl, 

ntly  with  the  nnder- 
managers,  therefore, 

nations,  is  really  not 
,f  the  British  Govern- 

iiduct  in  such  waters 

psed  to  take  the  place 

»  the  Senate  Inllpur- 

ssels  "are  denied  he 

usually  accorded  be- 

lnaso,sofara.sitap; 
treaty  lU'litsotbiuh 

.tucr  the  phrase  ^a^ 
.jviletjes  secured!) ; 
vtv  such  as  exist. 

,i„Kuroi.eaul.i>   J 

meant  to  cover  ^all^ 

ieable  to  the  ca.e  i« 


II 


Iiaiid.  If  it  ho  meant  to  iniilu*  the  test  that  of  tliecoiidnet  of  iiei^'libor- 
iii;,'and  friendly  na'ionsin  tlio  uhsenreofu  treaty  eoneerniiif;  the  respect- 
ive ri^Ids  of  their  vessels  in  the  waters  of  tin^  <)thei-,  then  tlio  casoH  oc- 
cnrrin;'  in  tlie  hist  year  of  tho  treatment  of  Anieriean  vessels  in  Hritisli 
waters  (d'Nortli  Anionea  mifrht  \w  eoisidered  the  srandard  to  which 
litis  laii^naf^e  would  apply,  for  (Jreiat  r.ritain  is,  in  respect  of  herdoiniu- 
ions  of. North  America,  a  neijjhborinf;,  and,  in  a  pnblu!  s«>nsc  a  friendly, 
nation.  Unt  if  it  were  taken  in  jjeneral  as  applied  to  f'c  {general  good 
iit'ijihhorhood  of  nations,  the  standard  would  jjrobably  vary  more  or  less, 
whatever  country  should  be  resorted  to  for  findinjj  the  measurement  of 
administration  in  re;;ard  to  foreign  vessels. 

lint,  as  has  been  before  stated,  the  House  managers,  so  far  as  wo  can 
understand,  do  not  appear  to  llnd  fault  with  the  substance  or  the  eavsen- 
lial  i)liraseol(»gy  of  the  Henate  bill. 

The  irreconcilable  point  of  «litterence  between  the  managers  on  the 
jtart  of  the  two  Houses  is  the  insistance,  on  the  part  of  the  House  man- 
a;,Mis,  upon  adding  to  the  scope  of  the  Senate  bill,  and  so  going  beyond 
it.  the  further  provision  that,  in  case  of  injurious  treatment  to  our  ves- 
sels in  r.ritisli  North  American  watier.s,  it  sjnill  be  within  the  competence 
(if  tiie  l*resident  of  the  United  States  to  absolutely  stop  intercourse  not 
only  hy  water,  but  by  land,  between  thoi)eoplo  of  the  United  States  and 
tiu!  people  of  the  British  territories  adjacent,  thus  absolutely  cutting  off 
the  continuous  movement  of  railway  traint  from  the  British  I'lovinces  to 
any  part  of  the  United  States,  and,  in  effect,  reciprocally  from  the  United 
States  to  British  dominions,  either  on  the  northern  border  of  Minnesota, 
at  the  liver  Saint  Mary,  at  Tort  Huron,  at  Detroit,  at  (rrosse  Isle,  at 
lUirt'alo,  at  Niagara  Falls,  at  Rouse's  Point,  at  Highgate,  Franklin,  Rich 
ford,  Troy,  I)erl»y,  and  Norton,  on  the  northern  border  of  Vermont,  and 
on  the  northern  and  eastern  borders  of  Maine  ;  at  all  of  which  places  it 
is  niulerstood  there  now  exist  interior  railroad  lines  crossing  the  bound- 
aries of  the  two  countries — in  some  cases  operated  and  practically  owned 
by  British  subjects,  and  in  other  cases  operated  and  practically  owned 
by  Aunnican  citizens. 

The  Senate  managers  have  felt  A  to  be  a  duty  to  decline  to  go  to  this 
extent,  and  have  thought  it  to  be  clear  that  the  provisions  for  the  pro- 
tection of  American  interests  set  forth  in  the  Senate  bill,  and  in  that 
liart  of  the  House  amendment  applicable  to  any  British  violation  of  the 
treaty  of  J 877,  are  entirely  adeipiate  to  the  peaceful  end  in  view,  and 
that  there  is  no  jueseut  justilication  for  reposing  in  the  Executive  this 
further  enormous  power  i)roposed  by  the  House  of  Bepresentatives  in  its 
auieuduient,  and  insisted  upon  by  the  House  managers. 

it  seenjs  clear  to  the  Senate  managers,  and  has  not  been  controverted 
by  the  House  nuumgers,  that  the  things  the  President  is  authorized  lo 
do  by  the  Senate  bill  in  the  cases  named  are  none  of  them  in  deroga- 
tion, either  directly  or  indirectly,  of  any  treaty  right,  or  of  the  peaceful 
Itusiness  intercourse  of  nations,  but  that  this  Government  in  these  re- 
spects is  absolutely  free  to  act  in  the  manner  proposed  without  being 
subject  to  the  imputation  that  it  is  either  in  any  way  infringing  thi' 
most  liberal  interpretatDU  of  any  treaty  or  doing  any  act  that  nations 
It  peace  have  not  hitherto  found  themselves  from  time  lo  time  justitied 
in  doing,  not  in  a  si>irit  of  belligerency,  but  merely  as  a  matter  of  counter- 
vailiug  business  regulations. 

The  Senate  managers  offered  to  the  House  managers  to  add  to  the 
Senate  hill  the  provision  contained  in  the  House  amendment  i)roviding 
that,  if  th<?re  should  be  any  violation  of  Artiide  29  of  the  treaty  of  1871 
"Utile  part  of  Great  Britain,  the  President  should  be  authorized  uecip- 


UDO 


AMKKICAN    FI3IIKRIKS. 


rocjill.v  f»>  winulraw  iVom  nritidhanhjuctH  the  iMMU'lltHofflic siimcnrtitle 
with  certain  i'lianK«'*< «»''  phiaHcnlogy,  wliicli,  it  in  iiiult-rstcMMl,  WL-iesntis- 
factory  to  tlic  House  inana;(crs. 

TIm'  Senate  iiiaiiaj;ejM  also  expressed  tln'ir  williii;rries,s  to  acci'di' to 
the  tliii«l  section  of  tlie  Ilonsi^  amendment,  altlnaiijit  the  piopriit v  uf 
its  form  and  substance  is  open  to  very  eonsiiK'rable  (piestion. 

The  result  of  the  <'onfenMn'i<,  therefore,  has  been  that  the  Ihmscdf 
Hepresentaiives,  thrtMi^h  its  mana^^ers,  not  obj«'ctin{^  to  the  Sciiatcljill, 
but  desiring  to  add  a  new  and  enlarpMl  provision  to  the  Senate  hill  mid 
toadopt  measures  additional  to  thos(>  mentioned  in  the  Senate  Itijl,  ud 
not  net'essaiily  depen<hMii  thereon,  and  the  Senate  mana;,'ers  uiiwillini; 
to  ^oto  that  extent,  and  MO  disa^.eeiuK  to  th«'  House  proposition, (Iccliim 
to  make  evi'U  the  provision  that  hasjKissed  the  Senate  in  respect  ot'tln 
subject  i>f  the  protect n>n  of  our  lishinj;  ami  other  vessels,  and  to  wiiich 
tbo  II0U8U  nuikes  no  obje<*tion  so  far  as  it  jjoivs,  unless  the  Senate  will 
i'onsent  to  make  further  h';;islative  provisions  which  it  oclievcs  to  be 
unwise.  It  would  seem  needless  to  say  that  such  a  pretension,  niade  h\ 
one  of  two  coordinate  lej^islative  bodies,  is  (piite  untenable. 

The  essential  principle  upon  whic-ji  the  two  houses  have  almost  aiii- 
versal'y  i>if her;  to  acted,  and  without  which  no  lej^islation  whatever coiiM 
be  accomplished  when  tlu're  was  not  perfect  Jiccord  on  all  points,  has 
been  that  when  either  house  proposes  h'gislation  that  is  satisfactory  to 
the  other  so  tar  as  it  p>es,  and  the  other  house  desires  to  {jo  luitber 
and  make  al!<iiiiative  atid  additional  law,  if  it  cannot  convince  its cu 
onlinate  bodv  that  it  is  desirable  to  ^jro  further,  the  house 


l)r()p 


the 


allirmative  a<lditional  ley;islatiou  nuist  recede.    This  prineiple  is  vitally 
im[>ortant  to  the  independence  r      'ach  house,  and  so  indispensable  to 


the  juactical  le^iislation  of  the 
lelt  it  to  lu^  a  paramount  duty  t 


'ry  that  the  Senate  niana;;ers  havi 
.se  to  accede  to  this  t'lutlu'i'  Iloibc 


j>roposition.  both  as  unnecessary  and  unwise,  an<l  as  in  den»;,'atioii  d 
the  e(iual  ri;;hts  of  th«'  two  bodies. 

The  Senate  manai,'ers  have  felt  it  to  be  a  duty  in  this  important  mat- 
ter to  report  this  state  of  thin<js  at  once  to  the  Senate  lor  its  int'oi'miitioii. 

(JEO.  F.  KDMUXDS. 


WM.  i\  I'KVK. 
JNO.  T.  3I0HGAX. 


T) 


i^.    1  i        s 


«fs 


jMVrHCoNnRESS,  I 

[    Id  Stufiion.      ) 


S^iiJNATE. 


j  Mis.  Doc. 
I    No.  109. 


r  1 


I',     u 


IN  TllK  SKNATK  OF  TIIK  UNITKI)  STATES. 


this  iuipoitaiit mat- 


May  10,  IrMH.— Iiijiitictioii  o(  Mwrnoy  rtiiiiovtitl  ami  onhM-od  to  hu  itrintml. 

May  7,  1888. 

jnii  Kdmunds,  from  the  ( 'omjiiittce  on  I<W«'ij;ii   ItoliitioiiH,  miltmittod 

th«  l'olU)wing 

RE1»0RT  (KaFcutivk  No.  3) 

ON  Tin:  THHATY  (KX.  M.)  HKTWKKN  THK  UNITED  STAPHS  AND  (JUKAT 
HKITAIN,  CONCKKNINf}  TDK  INTKKI'KF.TATION  OK  TIIH  ('ONVKN  TION 
(IF  ()(T()HK!{  -JO.  IHIH,  SKJNKD  AT  \VASIIIN(;T0N  rr.HRrAliY  i:..  IHHH; 
WIIK  II.  nxJF.TIIKK  WITH  THK  VIKWS  OF  TIIK  MINOIUTY  ON  TIIF  SAMK 

[SlilUKCr,  SUHMITTFI)  IVY  MR.  MOHOAN,  WAS  OKDFKKI)  TO  HK  I'KINTKD 

jINlONV'IDKNUK  FOR  TIIK  UHK  OF  TIIK  SKNATE. 

ihfConimUtec  on  Foreign  Relatioufi^  to  which  was  referral  the  mesMnge 
of  the  PreHi(ler<t  of  the  United  States  of  thc'JOth  Fehruari/  laxt,  trans- 
mittinfi  a  proposed  aty  hetween  the  I'nited  States  and  (Irent  Hritain 
mncmiiufi  the  interpretation  of  the  convention  of  the  ^iOth  October,  liSlH, 
Mf/H(r/ «/  Washington  February  l/i,  1X88,  respectfully  reports  : 

'That  it  lias  had  the  said  i)roi)OHe<l  treaty  under  careful  and  deliiieriite 
iisidcmtioii  and  tiiat  it  retnrnH  heiuwith  a  re.sohition  in  the  ordinary 
rill  lor  its  ratittcation,  with  the  expression  of  its  opinion  that  sai<l 
fioliitioii  ou^lit  not  to  be  adopted. 

As  |ir«'Iiiiiinary  to  a  consideration  of  the  te.vt  of  tlio  treaty  itself  in 

I  viuimis  aspects,  the  committee  thinlis  it  proper  to  jjive  a  l)rief  t6- 

nuioftlie  liistory  of  the  fisheries  ipiestion  and  othiT  matters  rehitin}; 

|tlu'  iiitcniourse  between  the  United  States  and  the  British  domin- 

^H  of  North  America  having  more  or  h^ss  rehvtion  thereto. 

Before  the  Revolution  the  iidiabitantii  of  all  the  British  colonies  in 

Irt'i  America  possessed,  as  a  common  rij^ht,  the  rij,'ht  of  fishinj^  on 

tlie  coasts  of  British  North  America,  an<l  these  rights  were,  in  a  broad 

hst',i)n,s(  riptive  and  accust-omed  rights  of  property.    At  the  end  of  the 

volution  and  by  the  treaty  of  peaceof  178;J,  which  adjusted  the  bountla- 

I'ttween  the  dominious  of  the  two  powers,  it  was  (Article  111) — 

^Kii'il  that  the  puoiile  of  the  United  States  sliftU  coiitimio  to  onjoy  imniolostetl  *lie 

M '» take  lish  of  every  kind  on   the  Grand  Bank  and  on  all  the  other  hanks  of 

[f"iiii(llaii(i ;  also  in  the  Gnlf  of  St.  Lawrence,  and  at  all  other  places  in  the  Mea 

"h'  iiiliahitants  of  both  eonntries  used  at  any  time  heretofore  to  tish,  an«l  also 


THE   FISHERIES   TREATY. 


that,  the  inhabiiiUitR  of  tlit.  United  S(at»H  shall  have  lihort.v  totako  tishof  cvervk 
on  such  part  of  the  ooaat  of  Newfoundland  ivs  IJritish  fiNhornuMi  slmli  use  (hut  not 
dry  or  cure  the  Hunie  on  that  iHland),  and  also  on  the  <'0tt«fH,  luiyM,  and  crceko  of 
other  of  liin  Hritannic  Majenty'H  doniiuiouH  in  America. 

This  wm  a  grant  or  recognition  of  a  propwty  right  ii{,'m'(l  upon  on 
consideration,  viz,  the  adjustment  of  the  IxnuKhiries  and  theothere 
gagenients  into  which  the  United  States  by  tiiat  treaty  ciitertMl.  Asi 
thi'  open-sea  fishing,  it  was  merely  a  rec^)gnition  of  a  rifjht  cominniii 
all  nations,  and  as  t.o  the  fishing  within  the  municipal  (loininionof  fl 
Majesty  on  his  coasts,  bays,  and  creeks,  it  was  an  agrcciiient  that  rlies 
rights  theretofore  existing  in  all  Jiritish  subject^*  sliouidot  lifjlitbelou 
to  those  liiitish  subjects  who,  by  force  of  the  revolution,  had  hecoiii 
liie  citizens  of  an  independent  nation;  and  thus  it  was,  in  the  ])iirtifio! 
of  the  territory,  a  reservation  in  favor  of  the  people  of  tin-  riiifcd State 
of  a  right  which  they,  as  Hritish  subjects,  had  thcretotbrc  lawfnll; 
enjoyed. 

From  178.1  until   the  war  of  1.S12  betw«',«ai  the  two  (ouiitrics  citizciij 
of  tlu' I'tiited  States  continued  to  enjoy  the  ancient  rights  b('li)ii<;iiij 
to  thiiu  as  subjects  of  (Ireat  Hiitain  before  the  Kevoliilioii  iindresmj 
to  them  as  citizens  of  the  United  States  afti'r  it,  with  the  tail  fivcdin 
setuired   by  the  article  last  referred  to.     During  tliis  piMio^l  ot  tijii 
other  subje(!ts  of    difference  and  iu»gotiatiou  arose  hctwocii  tlic  ts 
t'ountries,  whiidi  were  (iisj)osed  of  by  the  treaties  of  17!I4,  with  itsej 
jdanatory  articles,  and  of  1H()2;  but  the  fishery  provision  of  li'Niw 
tinuedto  exist  un<iuestioned  and  apparently  as  having  boon,  as  if 
purporte*!  to  be,  a  treaty  disposing  of  and  adjusting  prnpeitv  n;;!^ 
which  had  become  by  force  of  its  own  op«'ration  an  (^xe(uit<'(l  coiitriiit 

The  treaty  of  ;»eace  concluded  on  December  'J4,  181 4,  at  tlicclosej 
the  w^r  of  1812,  provided  : 

/'Vr«^  for  a  restoration  to  each  party  of  all  jiounlrics,  territDrit^t'lj 
taken  by  either  party  during  the  war,  without  <lelay,  savin),' soiiu'ii 
tions  of  islamls  in  the  bay  of*Passauiaqoddy. 

Secondly,  it  provide*!  for  disposition  of  prizes  and  prismiorsof«iirl 

Thirdly,  it  provided  for  (pn-stions  of  boundary  and  doiiii'iion  re;'ii[ 
ing<!«*rtain  islands  and  for  tlu^  settlement  of  the  nortlicastrnihntiiMnj 
and  also  for  the  northwesti'rn   boun«l:iry,  etc     It  niiwle  no  rctcrfj 
whati'ver  to  any  <piesti<Hi  t(uiching  the  fisheries  mentioned  iiitlii''"'j 
of  1 .8.}. 

The  commenJa!  treaty  comdmlcd  on  the  M  of  July,  ISi'.jHlffw'iH 
two  e4»untries  providi'd  for  re<',ipr(M!al  liberty  of  c^nniicur  !«'!«''''" 


THE    FlSllEUIES    TREATY. 


lu-it's  iiuMitioiuMliiil 


the  territories  of  Groat  Britain  in  Europe  ami  the  territories  of  the 
United  States,  but  left  without  any  new  treaty  stipuhitinu  or  obligation 
cominercial  intineoiirse  between  British  douiinions  in  North  America 
iiiul  tlie  I  nited  States  reniaininjj  under  tlie  exclusive  control  of  each. 
But  after  the  conclusion  of  the  treaties  follow in.i;-  the  war  of  1812, 
tliere  heiuK  then  no  treaty  oblijjations  or  recii)rocal  laws  in  force  be- 
twoeii  or  in  either  ot  the  countries  respectiiifi;  commercial  interco'-rse, 
the  15ritish  Government  set  up  the  pretension  tiiat  the  lishinj,^  rights 
recognized  and  secured  to  citizens  of  the  United  States  by  the  treaty 
of  1783  had  becom*^  abrogated  in  consequence  of  the  war  of  1812, 
which,  on  the  principle  of  the  war  annulling  all  unexecuted  engage- 
ments between  the  two  belligerents,  it  was  contended,  annulled  the 
fishing  rights  describe*!  in  the  treaty  of  1783,  and  that  the  citizens  of 
the  United  States  had,  therefore,  no  longer  the  right  to  fish  in  any  of 
the  liiitish  North  American  waters.  This  pretension  led  to  the  eon- 
clnsion  of  the  treaty  of  the  20th  October,  1818,  the  fisheries  article  of 
which  provided  that  (Article  I) —  ' 

WluMcas  (lillercucos  liave  arisen  respectin};  tlio  liberty,  claimed   by  tlio  United 

States,  for  the  itiliabitniits  thereof,  to  take,  »lry,  and  euro  lish  on  certain  coasts,  bays, 

liarliors.  and  creeks  of  His  ISritaiiiiic  Majesty's  dominions  in  Anieriea,  it  is  agreed  be-» 

iivi'f'ii  the  higli  eontnictin;;  jtartius  that  tlio  inhaljilaiits  of  tlie  said  United  States 

^liall  have  forever,  in  common  with  the  snbjectsof  His  Uritannic  Majesty,  the  lil)erry 

to  take  lish  of  every  kind  on  that  part  of  the  southern  coast  of  Newfoundland  which 

I'xtends  from  Capo  Kay  to  the  Kaineau  Islands;  on  the  western  and  northern  coast  of 

NVwfonndlaiid  from  the  said  Capo  Ray  to  the  Quirpon  Isla^nds,  on  the  shores  of  the 

Mii^dahMi  Islands,  and  also  on  the  roasts,  bays,  harbors,  and  creeks,  from  Mount  Joly, 

I'll  the  southern  coast  of  Labrador,  to  and  through   the  Straits  of  Belle  Isle,  jind 

thence  northwardly  indetinitely  along  the  coast,  without  i)rejudice,  however,  to  any 

iif  the  exclusive  rights  of  the  Hudson  Hay  Company  :  And  that  the  American  fish- 

<Tiiien  shall  also  have  liberty  forever  to  <lry  and  euro  fish  in  any  of  tho  unsettled 

mys,  harbors,  and  creeks,  of  the  southern  part  of  the  coast  of  Newfoundland,  above 

(lesfrilii'il,  and  of  the  coast  of  Labrador;  but  so  soon  as  the  same,  or  any  portion  there- 

"f.  shall  lie  settled,  it  shall  nut  be  lawful  for  tho  said  lishermen  to  dry  or  cure  iish  at  such 

linrtidu  so  settled  without  previous  agreement  for  such  jjurpoae  with  the  inhabitants, 

fcliroprietors,  or  possessors  of  the  ground.    And  the  United  States  hereby  renounce  for- 

hver  any  liberty  heretofore  enjoyed  or  claimed  by  the  inhabitants  thereof  to  take,  dry, 

[or  cure  lish  on  or  within  three  marine  miles  of  any  of  the  coasts,  b;»ys,  creeks,  or 

MiiirlMirs  of  His  Itritannic  Majesty's  dominions  in  America  not  included  within  the 

plmvc-iiiciitioned  limits:  I'rovided,  howertr,  That  the  American  fishermen  shall  be  ad- 

I  imticil  to  enter  stich  bays  or  harbors  for  tho  purpose  of  shelter  and  of  repairing  dam- 

!'!.'|>  therein,  of  purchasing  wood,  and  of  obtaining  water,  and  for  no  other  purpose 

j  «li  it.'v.T.    But  they  shall  be  under  such  restrictions  as  may  bo  necessary  to  prevent 

t'li'ir  talving,  drying,  or  curing  tish  therein,  or  in  any  other  manner  whatever  abusing 

ill"  laivileges  hereby  reserved  to  them. 


!i-jM 


i 


THE    FISHERIES    TKKATY. 


This  arrnnfronient  divided,  and  liniitod  in  lenitorinl  extent, tin- fisliin^ 
riKhts  of  the  iieoplo  of  the  Tnited  State.s,  that  had  existed  while  tliev 
were  British  subjects  and  had  been  ieeo};ni/.ed  and  existed  iiiidcrtlie 
treaty  of  peace  of  1783  until  the  war  of  l.Sl'_>,  and  it  jirovided  lor  a  eon. 
tinnance  of  tlie  ancient  rijihts  of  fjshin;;  on  certain  named  parts  of  the 
eoasts  of  British  North  America,  and  its  ishimls,  and  in  tlieirbavs  liar 
bors,  and  ereelvs,  etc.  It  also  provid.ed  for  a  renunciation  by  the  I'liited 
States  of  lire  existinj;  rijuhts  to  take  fish,  etc.,  "witliin  .'>  marine  miles 
of  any  of  the  eoasts,  bays,  creeks,  or  harbors"  of  Mis  Majesty's  do- 
minions in  liritish  North  America,  not  inchided  within  the  i)revioii.slv- 
mentioned  limits,  but  with  a  proviso,  as  a  reservation  upon  (luMviinn- 
eiation  of  the  right  to  fish,  that  the — 

Americ.uii  tislieniKMi  hIiiiII  1m'  iiilmitfed  to  enter  HUtli  bavH  or  liiirl)orsfoifliepiir- 
pcM'H  ot"  slieltor  and  of  rt'imirinj;  damages  tlierein,  of  iiiireli:ising  wood,  miil  of  ob- 
taining water,  and  for  no  oilier  piiritoHOM  \vliat<ner.  Hut  tliej- sliall  be  midir  such 
restrictions  as  niav  lie  iiecehnary  to  prevent  their  taliinij,  «!rying,  or  eiiriii^'  tish  there- 
in, or  in  any  otlier  ninnner  whatever  ahiisin^  the  privile''e«  hereby  reservcdto tlieiu, 

It  will  be  observed  that  the  ancient  right  continued  in  all  itsforcein 
every  bay,  harbor,  ami  creek  of  ti  described  territory,  and  tliat  there- 
•nunciation  of  the  right  to  fish  on  other  coasts,  bays,  harbors,  and  creeks 
is  in  the  same  language,  and  is  perfe(!tly  correlative  to  the  first,  ami 
that  the  line  of  ]»ritish  municipal  dominion  was  re(!ognized  and  stated 
to  be  a  lino  3  marine  miles  from  these  British  coasts,  bays,  creeks, and 
harbors,  and  that  this  renunciation  was,  both  in  substance  and  form,  a 
renunciation  (»nly  of  a  right  to  Jisli  and  to  exercise  the  incidents  of  tlie  | 
lishing,asdrying,etc.,an<l  that  theproviso  to  that  renunciation  admitted 
the  American  tishermen  to  enter  such  waiers,  bays,  and  hailiors  tor 
the  specitic  purposes  necessary  to  them  in  their  character  as  tishenneii  I 
only,  and  not  having  the  slightest  reference,  either  expressly  or  Iniiii-  1 
plication,  to  uuy  finhituf  or  other  vessid  of  the  United  States  andsailin!?  I 
under  their  Hag,  entering  any  port  of  His  Majesty's  «lominions  anywiiere  | 
for  any  commercial  or  trading  purpose.     And  these  entries  intoixiln  I 
sively^British  lishing  waters  fishing  vessels  (the  (mly  ones  entitled  to  I 
b<^  there  at  all)  were  to  be  under  such  restrictions,  and  such  only,  as  I 
should   be  ne<'essary  to  prevent  their  exercising  the  tisliin;;  rij,ditstliat  I 
had  been  renounced  and  abusing  the  privileges  of  such  entry  sore  1 
served;  that  is,  by  doing  the  renounced  thing,  viz,  the  takinjiandear  ■ 
ingof  tish,  or  violating  the  British  laws  excltuling  all  American  tradinf  I 
vessels.  I 


THE    FISHERIES   TREATY, 


It  is  to  be  kept  clearly  in  view  that  at  the  time  of  the  conclusion  of 
this  treaty  of  1818,  and  for  twelve  years  afterward,  no  Anierican  vessel 
liiul  any  right  to  enter  any  i>ort  of  British  North  America,  with  the 
few  exceptions  named  in  the  mutual  arranjiements  of  1820  and  1823. 
Iicrcniafter  stated.  The  treaty  of  1815  and  the  IJritish  laws  and  policy 
reserved  the  whole  tra<le  and  intercourse  with  the  ports  of  these  colonies 
to  her  own  vessels,  and,  reciprocally,  there  was  no  law  or  treaty  of  the 
Uiiite<l  States  which  authorized  the  entry  into  i)orts  (with  the  excep- 
tions stated)  of  the  United  States  of  British  vessels  from  British  >7()rth 
Anierican  ports. 

Thus  it  wav^  that  the  treaty  of  1818  omitted  to  make  any  mention  of 
the  ports  in  the  British  jnovinces  in  connection  with  the  arrival  or  de- 
parture of  American  vessels,  either  lishinj;'  or  other,  and  so  it  was  a  clear 
and  necessary  cont^truction  c,t'  the  treaty  of  1818  that  the  arrangements, 
conditions,  and  renunciations  therein  provided  had  no  relation,  one 
way  or  the  other,  to  the  exercise  of  what  maybe  called  commercial 
rjijhts  by  the  American  lishing  or  other  vessels  in  the  waters  or  ports 
of  Ihitish  North  America,  f(u-  the  status  of  things  was  such,  that  it 
conhl  not  be  done  in  tiie  case  of  any  American  \essel  without  regard  to 
her  cliaracter  as  a  vessel  engaged  in  lishing  upon  the  high  seas  or  in 
the  IJritisli  territorial  waters,  wherein,  as  was  provided,  she  nnght  con- 
tinue to  fish,  or  to  her  commercial  character. 

The  right  (except  iu  the  cases  before  stated)  of  the  British  toexclude 
such  vessels  and  all  others  of  the  United  States  from  her  ports  in  Brit- 
ish Xorth  America,  as  the  matter  stood  until  1830,  is  fully  conceded, 
and  it  is  also  conceded  that  during  that  time  the  only  right  of  any  ves- 
sel of  the  United  States  to  enter  the  watei  »f  British  Xorth  America 
depended  upon  the  treaty  of  1818  alone,  and  in  order  to  obtain  the 
benefit  of  that  treaty  for  such  purposes,  the  American, vessel  must 
[have  been  a  fishing  vessel,  and  must  have  resorted  to  those  particular 
[waters  for  some  one  of  the  purposes  mentioned  in  the  treaty,  and  no 
others. 

The  foregoing  statement  is,  of  course,  subject  to  the  Ifmitation  im- 
h'lied  in  whatever  rights  might  have  existed  by  the  general  law  of  na- 
'tioDs  ill  respect  of  vessels  under  circumstances  re(piiring  the  exercise 
<'t  liniuiuiity,  etc.  It  must  be  also  remarked  that  at  the  time  of  the 
i •"iicl.isjon  of  the  treaty  of  1818  the  ports  of  Britisii  North  America 
hv,  u  vi>iy  f(>w  and  far  between,  and  that  there  coulu  be  very  little  mo- 
pivc  for  American  vessels,  either  lishing  or  other,  to  resort  to  such  ports 


6 


T!1K    FISHKIIIES    TRKATV. 


for  tlie  purposes  of  trade  until  tlie  I^ritish  colonial  ])olicy  should  imv^ 
been  abandoned  or  very  larj^rcly  modified. 

The  nnitter,  then,  under  the  treaty  of  1818  was  a  very  simple  oiic 
and  can  be  restated  thus: 

(1)  No  American  vessel  had  any  ri};ht  to  resort  to  l»ritisli  North 
American  ports  for  any  (rommereial  or  other  purpose,  and  no  Liitish 
North  American  vessel  liad  any  right  to  resort  to  any  port  of  the 
United  States  for  such  purposes. 

(2)  But  Anu'riean  lisliing  vessels  had  a  right  to  resort  to  certain  of  the 
coasts,  bays,  harhors,  ami  creeks  of  that  part  of  British  Nortii  Anierica 
described  in  the  treaty  of  1818  for  all  purposes  of  tishing  wliicli  thty 
liad  amnently  enjoyed.  " 

(3)  But  American  lishing  vessels,  and  fishing  vessels  ««///,  li ad  also ii 
right  to  resort  to  all  other  Ihitish  North  /.nerican  waters  for  the 
special  ])urposc8  named  in  the  treaty.        ^     ^ 

(4).  The  general  result  of  this  was,  as  to  American  fishing  vessels,  that 
they  had,  on  all  the  British  North  American  coasts  and  in  all  herkiYs 
and  harbors,  the  right  to  shelter,  to  repair  damages,  and  to  obtain 
woo<l  an«l  water,  but  on  certain  named  parts  of  the  same  coasts,  etc., 
they  had  not  the  right  to  take  or  cure  tish ;  and 

(5)  As  a  consequence  of  the  situation  end)raced  in  the  British  laws 
and  in  that  treaty,  ihe  matter  of  resorting  to  llritish  North  AnR'ricaii 
ports  either  by  American  tishing  or  other  vessels  was  fiitirely  outside 
of  and  unaifected  either  wav  bv  that  treatv. 


From  1818  forward,  until  after  the  reeii)rocal  arrangements  of  183ii 
concerning  commerce,  it  is  not  known  tlmt  any  serious  (lillicultics oc- 
curred iu  respect  of  the  rights  of  Auuuicau  fishermen  piirsuin},'  tlai' 
calling  in  those  regions  of  the  sea. 

Two  or  three  instances  only  of  seizure  aitpear  to  have  occurred  until 
after  1830  and  none  of  those  touched  or  raised  the  bay  or  lieadlamls 
(piestion.  In  1835  the  British  Government  brought  to  the  notice  of  om 
own  the  complaints  of  the  Canadian  authorities  concerning  alie-edni- 
fractions  of  the  treaty  of  1818  by  our  fishermen.  These  C()ini)laintsdia 
uot  involve  the  bay  or  headlands  <piestion  or  any  connnereial  (luestion, 
and  the  complaints  were  immediately  attended  to  by  our  Governniont 
to  the  satisfaction  of  that  of  Great  Britain  (Hx.  Doe.  100,  Thirty  sixth 
Congress,  first  session,  pp.  50  and  58). 


THE    FISHERIKS    TREATY. 


])olicy  should  bare 


i  a  very  simple  one 


III  lS38-'3!)  there  were  a  few  more  seizures,  but  none  of  them  appear 
to  have  raised  the  bay  or  headhunls  question.  One  was  seized  at  the 
Gut  of  Canso  but  released;  and  none  of  these  seizures  appear  to  have 
involved  any  commercial  or  trade  question  excepting  the  8hetlan<],  which, 
boinj;:  driven  inshore  by  a  storm,  anchored,  and  the  master  was  enticed 
into  selling  a  boy  who  came  on  board,  a  pair  of  trousers  and  a  little  tea 
and  tobacco,  for  which  the  vessel  was  immediatel5'  seized,  it  being  evi- 
dent that  the  boy  had  been  sent  by  the  authorities  to  entrap  the  master 
(Ex.  Doc.  100,  Thirty-sixth  Congress,  tirst  session,  pp.  (JoandOiJ);  and 
excepting  the  Jfnf7»o/»rt,  which  purchased  a  barrel  of  herring  for  bait;  and 
excepting  the  7/r(/-/,  which,  running  in  to  Tusket  Harbor  in  hea\-y  weather, 
and  while  the  master  was  on  shore  procuring  wood  and  water,  a  Brit- 
ish subject  asked  some  of  the  crew  to  help  him  clear  his  nets.  Some 
of  the  crew  ai^cordingly  went  on  board  the  iJritish  vessel  and  assisted 
ill  clearing  the  nets,  for  which  the  JJritish  owner  gave  two  barrels  of 
fresh  herring ;  and  excepting  the  Eliza,  which,  being  at  anchor  in  a  gale, 
(Miried  away  one  of  her  larboard  chains,  and  ran  into  IJevet  Ilaibor, 
and  got  it  repaired  by  a  British  S'-bject,  and  was  accordingly'  seized. 

These  instances  are  specially  referred  to  to  show  that  the  bay  and 
headlands  question  almost  never  [iracfcically  arose,  and  that  the  offenses, 
ifdU'enses  the}'  were,  of  the  seized  vessels,  were  of  the  most  trivial  and 
!iiiiiiil)ortant  character,  scarcely  worthy  the  notice  of  a  government. 

In  1818  (and  before  the  treaty  of  that  year)  Congress  passed  an  act 
closing  oiir  ports  against  British  vessels  coming  from  colonial  ports 
wliidi  were  closed  against  vessels  owned  by  citizens  of  the  United  States 
(Stats.,  vol.  3,  p.  4;>2) ;  and  in  18'J0  Congress  passed  a  supplementary 
act  ni)on  the  same  subject  and  upon  the  same  i)rinciple  of  mutuality, 
iippled  particularly  to  British  North  American  ports  and  certain  West 
Indian  ones  (Stats.,  v<»l.  .'J,  p.  0011);  and  in  182.'>  Congress  passed  an  act 
suspending  the  former  acts  so  far  as  they  applied  to  suiulry  ports 
named— the  Cana<lian  ones  being  St.  John  and  St.  Amlrews,New  Bruns- 
wick; Halifax,  Xova  Scotia;  (Quebec,  Canada;  and  St.  John's,  New- 
fouiidlaiul.  •  ■  ♦. 

Hut  this  act  was  passed  with  the  condition 'that  the  enumerated 
IJiifish  (!(donial  i)orts  should  be  open  for  the  admission  of  the  vessels 
of  the  United  States,  and  provided  that,  if  trade  ami  intercourse 
siiould  be  interrui)ted  by  the  liritish  authority  in  tlioso  ports,  similar 
action  shouhl  be  taken  by  the  President  in  resi)ect  of  our  own. 

The  a<'tof  Congress  of  May  21),  1830,  i)rovided  tor  opening  of  all  Amer- 
it'iui  ports  to  certain  British  colonial  vessels  on  a  mutual  opening  of 


ij                 .f 

8 


TIIK   FISIIKRIKS    TKEATV. 


IJritisli  colonial  poits  to  Aincrican  vessels.     Section  L*  of  that  act  dc- 
elaiod  that — 

Wlit'never  the  imrtsof  the  United  StaWn  hliuH  liave  heoii  opened,  under  the  iiu- 
thority  ^iven  in  the  first  section  of  this  act,  llritiMh  vessels  and  tlieir  cargoes  shall 
be  admitted  to  an  entry  in  the  ports  of  the  Unitejl  States  from  the  islands,  iiroviuees 
or  eoloiiies  of  (ireat  Uritain,  on  or  near  the  North  Aincricau  continent,  and  north  or 
east  of  the  liiited  i?tate8,(.Stats.,  v.  4,  jt.  ViO). 

['nrsnant  to  this  act  Tresident  Jackson,  on  the  5th  of  October,  18.50, 
in  ac'.onlance  \\\{h  a  mutual  undei'standing  upon  the  subject  with  the 
(iovernnient  ofUreat  Jhitain,  issued  his  procluination,  ]nittiiiy  tliisaet 
of  l.s:U)  into  elTect  (Stats,  V.  4,  p.  817).  And  on  tb.o  ISth  of  Novoinbor, 
1830,  a  JWitish  order  in  council  was  issued,  declaring;  anion;,'  otlui 
things — 

That  the  ships  of.  and  lielonj^in;;  to,  the  I'niled  States  of  Amerii  a  ni.iy  iinport  from 
th».)  I'nited  States  afoiesaitl  inl(j  the  Ihitish  possessions  abroad  <;oods  with  iiroduconC 
those  .States,  and  in;>y  export  goods  from  the  IWitish  possessions  ahrond  to  lieearriMl 
to  any  foreign  conntry  whatevi-r  (Hritish  Foreign  and  State  Papers,  V.  IT,  p.  ■^lU). 

It  is  dear  that  under  this  act  of  Con;i:ress  all  Ihitish  vessels,  without 
reffard  to  their  occupation,  whether  lishiu^jor  otiier,  coiuinj;'  fioni  Dritish 
North  America,  were  entitled  to  admission  into  our  i>orts  for  all  pur- 
poses of  trade  and  commerce.  Canadian  tishinj;  vessels  had  the  sauie 
rij;hts  tis  any  other,  for  they  fell  within  the  jjeneral  description  stated 
in  the  statute.  So,  too,  reci[)rocally,  our  tishiii;;  vessels  fell  within  the 
general  <le.scrii)tion  of  "ships  of  and  belonging  to  the  United  States." 
liefore  this  time  all  Ameiican  vessels  were  excluded  fioin  IJritish  North 
American  ports  with  the  then  recent  exception  before  stated:  theu, 
umler  this  arrangement  all  ships  of  the  United  States  were  to  be  ad 
mitted  into  IJritisb  Xorth  American  ports.  The  former  aliiio.st  aidversal 
exclusion  was  abolished  without  reserve.  If  any  literal  readiii{?ottbis 
IJritish  order  in  council  can  be  suggested  as  of  a  narrower  constriictiou. 
it  would  destroy  the  mutuality  of  the  action  of  the  two  governments 
and  be  unworthy  of  a  government. 

Surely  no  nation  not  in  a  state  of  vassalage  would  consent  that  its 
citizens  or  subjects  sjjould  for  a  moment  be  treated  in  or  by  another 
mition  in  a  less  favorable  way  than  it  treated  the  citizens  and  subjects 
of  the  same  class  and  occu])ation  of  such  other  nation. 

From  the  conclusion  of  the  treaty  of  1818  down  to  nearly  ISIO,  as  we 
have  seen,  the  incidents  of  collision  or  difliculty  in  respect  of  therigius 
of  the  purely  American  tbhlng  vessels  under  that  tieaty  were  com- 


THE    FISHERIES    TREATY. 


9 


2  of  that  act  ile- 


rower  construction. 


jjiinitively  few;  ami,  ho  iar  as  tlie  eoimuitteo  is  atl vised,  such  incidents 
of  (lilliculty  as  occurred  did  not  arise  under  any  bay  or  lieadlaiid  pre- 
it'iisiou  of  Great  Jiritain,  but  came  out  of  a  few  American  vessels,  from 
time  to  time  liaviuycome  within  3  miUvs  of  the  British  North  American 
sliores.  being  seizi'fl  upon  one  accusation  or  another. 

Ill  the  year  1830  the  province  of  Nova  Scotia  i)assed  laws  of  a  more 
strintront  and  unjust  cliaracter  than  any  that  had  existed  before,  and 
III  tlie  year  1838  that  province  complained,  in  an  address  to  the  Queen, 
<it' American  aggression>«  and  askin<;'  for  a  naval  force  to  prevent  them. 
It  iii)pears  that  a  British  force  was  accordin<;ly  i)laced  on  the  British 
Nortli  American  coast  and  the  seizures  of  American  vessels  became 
iiiiicli  more  nunterons.  (See  rei)orts  and  pa[)ers  on  the  subject,  Senate 
Y.\.  Doc.  100,  Thirty-second  Con<jress,  iirst  session.) 

It  appears  from  these  papers  that  most  of  the  cases  of  Briiish  seizure 
were  for  alleged  violations  of  the  custoujs  laws.  That  others  of  them 
were  for  violations  of  the  privileges  secured  by  the  treaty  of  181S,  by 
coiiiiiig  within  3  miles  of  the  shore;  and  so  far  as  it  is  known,  it  was 
not  inilil  the  lOth  May,  1843,  that  any  American  vessel  was  seized  for 
lisliiiig  more  than  3  miles  from  the  shore  in  a  bay  indenting  the  British 
Xorth  American  coast. 

But  in  the  diplomatic  correspondence  of  that  period  the  pretension 
was  asserted  by  tiie  British  (iovernment  that  bays  n)oie  than  (J  miles 
wide,  and  of  imlelinite  widtii,  if  bays  indenting  British  shores,  were 
witliiii  the  exclusion  of  the  treat}'  of  1818,  and  under  this  pretension 
the  American  lishing  vessel  Tlie  Washiiif/ton  wns  seized  for  fishing  in 
the  bay  of  Fundy,  but  more  than  3  miles  from  the  shore.  Tliis  preten- 
sion of  the  British  GovernmeKt  was  denied  by  our  own,  \)ut  no  agreement 
upon  the  subject  was  come  to. 

This  state  of  things,  with  more  or  less  of  collision  and  harassment  to 
*Hir  lishing  vessels,  continued,  but  without  very  serious  difliculty,  until, 
in  1S52,  an  attempt  was  made  by  the  British  Government  to  induce 
the  United  States  to  conclude  a  reciprocity  treaty,  which  failing,  the 
British  Government  sent  a  strong  force  of  war  steamers  and  sailing 
vessels  to  these  waters  for  the  alleged  pm-pose  of  enforcing  the  provis- 
iousof  the  treaty  of  1818,  but,  as  was  believed  by  the  people  and  Gov- 
wnmeiit  of  the  United  States,  intended  not  only  for  that,  but  as  an 
overawing  enterprise,  which  should  frighten  the  American  fishermen* 
from  resorting  to  British  waters  for  Jiny  of  the  purposes  mentioned  in 
the  treatv,  and  to  so  much  disturb  American  lishing  interests  as  to 


; 


10 


Till-:    ri^IIEKIES    TRKATY. 


m 


W 


seriously  cripple  or  destroy  them,  niul  thus  lead  the  Uiiitod  States  to 
enter  into  recipro(;ity  with  IJritish  >.'orth  Aineriniin  provinces. 

DocMimoiitiiry  piipers  and  dismissions  in  tlie  Senate  at  the  time  will 
show  how  fully  this  matter  was  understood,  and  how  it  was  reganled 
by  the  jieople  ami  (fovernmeiit  of  the  United  States.  .Mr.  Webster 
then  Secretary  of  Stato,  thereupon  issued  a  cireular  notice  to  Atiiorioan 
ti.««hernien,  in  which  ho  states  what  tlie  ri};id  ami  strict  construction  of 
the  treaty  of  181S  would  he,  as  clainu'd  by  the  liritish,  as  it  resixtted 
the  entrance  of  lishiny;  vessels  into  tlu^  bays  or  harbors  indoiitiii^'tlic 
British  [)rovinces.  llestat«'d  the  IJritish  prcten.sion  in  respect  of  (liaw- 
in|^  lines  from  headland  to  headland  ai;d  their  asserted  pretension  of  a 
right  to  capture  all  Anu'rican  hslicrmen  who  should  follow  their  pin. 
suits  in  bays  inside  of  such  lines.  But  he  distinctly  also  stiiteil,  in  flic 
same  circular,  that  he  did  not  ajrree  to  the  constrm^tion  tlmspatbv 
the  British  upon  the  treaty,  or  that  it  was  conformable  to  tlie  intention 
of  the  eontracting  i)arties;  but  he  informed  the  ])ublic  of  the  IJritisIi 
l)retensit)n,  "to  the  end  that  those  conccrtjcd  in  American  fisheries  may 
perceive  how  the  case  at  present  stands  and  be  on  their  giianl."  (H. 
11.  iMis.  Doc.  No.  .32,  Forty-second  Congress,  second  session.) 

This  circular  of  Mr.  Webster  was  of  July,  ISjU,  and  on  tlio  L'ilil 
August  of  the  same  year,  twenty-two  years  after  the  laws  of  ISoO,  the 
provincial  secretary  of  Nova  Scotia  is^',!le«l  a  notice  that  "no  American 
tishing  vessels  are  entitled  to  commerciiii  privileges  in  i)roviiicial  ports," 
•  etc.  (Memoranduuj  respecting  North  American  lisheries,  prepared  lor 
the  information  of  the  American  commissioners  who  negotiated  tbe 
treaty  of  IfSTl).  i    0^        ' 

Following  these  oi)erations,  the  claims  convention  of  the  Sth  of  Fel>- 
ruary,  1853,  between  the  United  States  and  Great  Britain,  was  eon 
eluded,  and  under  that  convention  the  ea.se  of  the  WashiiiDton,  seizeil 
for  fishing  in  the  Bay  of  Fundy,  as  before  mentioned,  was  heard,  and 
the  umpire  decided  that  the  true  meaning  of  the  treaty  of  ISIS  made  it 
lawful  for  the  Washinfftott  to  flsh  more  than  three  miles  fronj  the  shore  in 
the  Bay  of  Fundy,  ^uul  in  respect  of  the  headland  pretension  he  .says: 

That  the  Bay  of  Fnndy  in  not  a  Ihitish  bay,  nor  a  bay  wilhiu  tlie  iii.'anin);of  the 
wonl  as  used  in  the  treaties  of  178:}  4...(l  lol':'. 

lie  refers  to  the  convention  of  18;39  between  France  and  Great  Ihitam 
in  respect  of  reciprocal  tishing  by  the  8ul)jcets  of  each  country  alon^'tbe 
shores  of  the  other,  provi«ling  that  theirconventional  arrangements  slial 
exclude  the  li.shermen  of  each  from  bays  which  do  not  exceed  10niik'!^| 


4THE    F1.SHKKIK8    TKEATY. 


n 


le  United  States  to 
provinces, 
iite  at  tlie  time  will 
()\v  it  was  n'Kunleil 
ites.     Mr.  \Vel)i<tei', 
'  notice  to  Anioi'ittui 
trict  constnicliount 
tisli,  as  it  resi)ccti'(l 
vhoM  indenting' tile 
n  in  res\»eet  of  draw- 
'I'ted  i)reteiisioiinf  ii 
\\i\  follow  their  imr- 
ly  also  stated,  in  tlii' 
tnu'tion  thus  put  by 
luUh'.  to  the  intention 
public  of  the  Uritisli 
iiierican  fisheries  may 
1)1  their  {iiianl."   (11. 
(I  session.) 
Sj2,  and  on  the  23(1 
tliolawsoflS3(),  the 
c  that  "  no  American 

in  provincial  ports," 
ishcries,  prepared  for 

who  nep;o;iate(l  tbe 

„M  of  tlie  Stli  of  1-el'- 
■eat  Britain,  was  eon- 

loued,  was  heard,  aiul 
treaty  of  ISIS  made  it 
liles  from  the  sliore ill 
jirctensionhesays: 

wilhlntl.e  n..-anin-..ftlu' 

mce  and  Great  nritaii. 
,ach  country  alon-tlH' 
nalarranjieuK'utssliall 
do  not  exceed  10  mile*  I 


in  width  within  tho  shores  of  the  other  as  a  proper  limit  of  the  doctrine 
of  headlands. 

lint  upon  this  point  (iinniarerial  to  the  qneation  before  liim)  it  is  tr> 
be  observed  tliat  the  10-niile  headland  arranj;enient  between  France 
and  (Ireat  Uritain  was  a  nintnal  one,  applying  to  the  shores  and  bays 
of  both  conntries  along  which  the  lishernnjn  of  each  were  accustomed 
to  i>)y  their  calling,  and  if,  therefore,  that  convention  had  agreed  upon 
a  distance  of  10  miles  from  shore,  and  20  miles  for  the  width  of  the 
waters  between  headlands,  it  would  have  furnished  no  argument 
in  respect  of  the  jirinciple  of  ])nblie  law  applicable  to  such  <pie.stions 
or  iu  respect  of  the  ancient  rights  of  the  citizens  of  the  United 
States  in  regard  to  the  fisheries  in  northeastern  waters,  for  tho 
tisliernien  of  each  country  were  put  ni)on  a  i»recisely  e<[ual  footing 
in  respect  of  the  waters  and  ports  of  tho  other,  which,  on  the  Brit- 
ish theory,  strangely  enough,  has  not  existed  between  British  and 
American  iishermen  since  the  act  of  Congress  of  1830,  and  will  not 
exist  if  the  treaty  under  consideration  should  go  into  eftect. 

Ill  18.j4,  however,  the  objects  of  Ik'itish  and  Canadian  desire  were  at 
last  accomplished  by  the  conclusion  of  the  treaty  of  tho  -Jth  of  June  of 
tliat  year,  by  which  an  extensive  reciprocity,  so  calle<l,  of  trade  was 
agreed  upon,  and  the  right  granted  to  the  Americans  to  tish  within  the 
limits  pn  libited  by  the  treaty  of  l.l'S  under  a  variety  of  restrictions 
ami  limitations,  an<l  a  similar  right  granted  to  British  fishermen  in  the 
waters  of  the  United  States  north  of  latitude  .*{(i^. 

In  the  same  treaty  were  various  other  provisions  respecting  naviga- 
tion of  the  St.  Lawrence,  American  and  Canadian  canals,  etc.,  and  the 
treaty  was  terminabh^  on  notice  after  the  expiration  often  years.  The 
experience  of  the  United  States  and  their  citizens  under  that  treaty 
led  Congress  to  ternu'nate  it  in  the  winter  of  18(;t-'(>5  by  a  vote  of 
nearly  2  to  I  iu  the  Jlouse  of  Beiiresentatives  and  by  a  vote  of  nearly 
"•to  1  in  the  Senate. 

The  Canadian  Government  then  for  a  few  years  resorted  to  a  system 
of  licensing  American  fishermen  to  fish  iu  the  waters  from  which  they 
were  exiiluded  for  fishing  i)urposes  by  the  treaty  of  1818.  For  the  tirst 
year  the  number  of  licenses  is  reported  tt)  have  been  354,  at  oO  cents  per 
ton.  The  next  year,  1807,  the  license  fee  was  made  §1  per  ton;  tho 
number  of  licenses  is  reported  to  have  been  281.  The  next  year, 
186S-"G9,  the  license  fee  was  again  doubled— !?2  per  ton— and  in  1808- 
only  50  licenses  were  taken  out,  and  in  18(59  only  2'i. 


■  if>  —  » 


12 


THK    FISIIKIMES    TIJKATV. 


'fl. 


In  ISIIS  tilt'  Dtiiniiiioii  (lovcnmu'iit  i)ro(;i'«'(liMl  toi'iiact  tlic  iiiostliarsh 
iiud  striiifjeiit  lawHoii  tlicNuhJect  of  Amorican  lislu'riiuMi  caUiilatodaiKl 
it  is  thot'^jlit,  iindoiililodl.v  »l««.si}j;iu'(l  to  no  lianiKN  Aiiu'iicnii  lisluTiuon 
in  tln»  I'xen-i.se  oftlii'  lijjhts  icsitx nl  to  tluMij  by  tlio  treaty  of  isisas 
to  cripple  and  <U'Htn»y  tluMropt'iatioiis.  Analo^fonH  h'jiislatioii  by  New. 
founiUand  in  1H,{(5  iiad  U'«l  llic  Ignited  Btatos  to  rcinonstratt'  iiKainst it 
as  a  "  violation  of  the  wi'll-t'stablishcd  priiici])U's  of  tlie  itoiiiiium  lawuf 
Kn^daiid  ami  of  the  juint-iplos  of  all  jnst  powois  and  of  all  civilizwliia. 
tions,  and  seenu'd  to  bo  cxprossly  doHi<j;in'd  to  enable  Her  Miijesly's 
authorities,  with  perfect  impunity,  to  seize  and  conliscate  Aiiioiitaii 
vessels  and  enibe/zle  almost  indiscriminately  the  property  of  our  citi- 
zens employed  in  the  fisheries  on  the  coasts  of  the  Ibitisli  rossi's.siuiis" 
(Ex.  J3oc.  100,  Thirty  second  ('onj,'res8,  first  session). 

In  ISTO  the  British  Government  informed  our  own  that  the  Canadian 
Ctovernnient  wonhl  issue  no  more  licenses  to  American  lislicriiRMiiaiiil. 
notwithi  »»ndin}j  the  decision  of  the  umpire  in  the  case  of  the  Wnsk- 
iniitou  in  l.S.ji{,  announced  the  IbitisU  claim  to  the  cxchisioii  of  tlic 
American  lisliin^j;  vessels  from  «'omin;;  within  IJritish  headlands,  with- 
out re;;ard  to  the  width  of  the  bay  betwi-cn.  (See  IJeport  on  I'oii'i;;!! 
Kelations,  1870). 

Then  came  the  treaty  of  1871,  devoted  primarily  to  the  Alabama 
cliiims,  but  which  ])rovided  that  for  the  i)eriod  of  ten  years  flshcriiieu 
of  the  United  States  .slnmld  have,  in  addition  to  their  ri;:lils  iiiidortle 
treaty  of  1818,  the  ri{;ht  of  liritish  Xorlh  American  in-sliorc  lisliiii!,' 
under  certain  limitati(Mis,  etc. ;  and  the  United  States  a j- reed  to  the 
free  a«ln»ishion  of  British  North  American  fishery  products  into  oiu 
country,  and  it  was  also  jMovided  that  the  Hritish  tislieinien  nii{;ht 
lish  in  certain  American  waters,  and  that  the  balance  of  alleged  advan- 
tage to  the  United  States  in  these  respects  should  be  settled  by  u  com- 
mission. 

This  commission,  as  is  well  known,  by  the  vote  of  the  IJritlsli  com- 
missioner and  the  IJel^'ian  umpire,  and  against  the  vote  of  the  Ameri- 
can commissioner,  fixed  the  sum  to  be  paid  by  the  United  States  at 
$r),r>Oi),000.  The  gross  injustice  of  this,  as  believed  by  the  Unitt'l 
States,  led  the  Semite,  on  the  U7th  February,  1870,  six  years  before  tlu' 
fisheries  i»rovision  could  exi)ire  by  the  terms  of  the  treaty,  to  unani- 
mously i)as8  a  resolution  declaring  that  steps  ought  to  be  taken  to  pro 
A'ide  for  the  earliest  po»sil>le  termination  of  these  fishery  arran}jeniL'iit> 
by  negotiations  with  the  British  Government  to  that  end.    It  i"*  ""''^''" 


THK    FISIIHUIKS    TRI',ATY. 


13 


stood  tiiiit  tlio  I'irsiiloiit  of  t\u)  Uiiired  States,  in  pursnanno  of  this  ivc- 
iiiiiiiKMuIiitioii,  cnihMVon'd  to  ohtaiii  tlio  ii^nMMiiciit  of  (treat  IJritaiii  to 
an  iiiiincdiate  t<'riiiiiiation  of  these  ehuises  in  tlie  treaty,  hut  uitlioiit 

SIR't't'SM. 

ill  Fehniary,  IS,s;{,  liowever,  as  the*  jx-iiod  was  approaehiiif;;  wlien 
these  iirovisions  eoiihl  be  terminated  on  notice,  both  houses  of  Con- 
^  o;iv.ssuiianiinously  (or  certainly  without  any  division)  passed  resohitions 
termiiiatin},'  ArticU's  XVI H,  XIX,  XX,  XXT,  XXII,  XXIlf,  XXIV, 
XXV,  XXX,  and  XXXIIof  said  treaty,  wliidi  articles  covered  the 
whole  lishery  subject  aa  well  as  certain  matters  of  navigation,  etc. 
Tliis  toniiiiiation  t<M)k  elVect  on  July  1,  ISS.j. 

By  tlic  tweilty-ninth  article  of  the  same  treaty,  which  is  still  in  force, 
the  United  States  enj>a<;ed  that  all  ^uods,  wares,  and  merchandise  ar- 
riving,' at  certain  ports  named  and  destined  for  the  British  possessions 
ill  North  Anu'rica,  shouhl  have  entry  and  transit  without  the  payment 
of  duty,  and  it  was  reciprocally  a;;ree<l  cm  the  part  of  (rreat  llritain 
that  nil  {joods,  wares,  and  nu'rchandise  arriving  at  any  of  the  ports  of 
r.ritish  North  America  and  <lestined  for  tlu5  United  States,  should  also 
h..ve  the  right  of  free  entry  u?ul  transit  to  the  United  States,  etc. 

That  the  foregoing  uu^ntioneii  article  of  the  treaty  of  1871  covered 
and  included  the  transmission  of  tish  from  American  fishing  vessels  as 
well  as  other  goods  is  evident,  not  only  from  the  plain  and  comi)rehen- 
sivo  languag*^  of  the  arti<;le,  but  from  the  statenuMits  of  the  formal 
r>iitish  case  laid  before  the  Halifax  Commission  in  1877,  wherein  the 
I'ijjiitof  the  transshipment  of  tish  from  Canadian  ports  to  the  United 
States  free  of  duty,  covered  by  that  article,  was  made  the  groiiml  of 
claim  for  compensation. 

Ihit  it  will  be  seen  on  inspection  of  the  treaty  of  1<S71  that  the  fish- 
eries articles  of  that  treaty  contained  no  provision  either  in  respect  of 
any  coinmercial  rights  in  Canadian  ports  or  in  respect  of  transship- 
MK'iits,  and  that  the  reciprocal  transshipment  article  of  the  treaty  was 
entirely  separate  anil  distinct  from  any  (piestion  of  fisheries  or  tish  as 
•^iicli;  but  the  proceedings  before  that  commission  distinctly  demon- 
'^trated  th.it  under  article  29  the  right  to  transship  fish  was  understood 
l»y  the  British  to  be  included  and  without  any  conditions  depending 
upon  tlio  force  of  any  other  of  the  articles  of  the  treaty,  and  it  is  also 
to  he  observed  that  the  fisheries  articles,  in  respect  of  their  duration 
and  termination,  are  treated  of  separately  and  by  themselves  in  article 
^  which  provided  that  they,  as  a  group  by  themselves,  might  be  ter- 


14 


Tin:  FisuF.niKH  tweatv. 


iniiiatod  aftor  t»'U  yems,  on  two  years' n(»ti<'f,  wliil*.  tho  rccipiucal  tiaiiN. 
wliipinciit  article  20  was  loft  to  staml  iiHU'peiuU'ntl.v  by  itsi'lf. 

It  iiu'vitalily  follows: 

(1)  That  tlio  rh^Ui  of  Anu'iicati  lisliiii;j  vt'ss«'ls  to  tiaiissliip  tjicir  iWi 
from  Canadian  ports  to  tlioso.  of  the  TTnit«Ml  Stativs  was  not  doriveil 
troin  tlu'  flsluMicsartick's  iind  did  not  dt'ptMid  n|»on  tliiMu. 

(*J)  That  such  ri^ht  elrarly  oxistnl  l»y  forco  of  article  2'.*  and  diil  not 
depend  upon  any  other  artido,  and  < 

(.■J)  That  art  i<'le  L'J),  not  havin^ibeen  terminated,  therijihtof  Aim'ricaii 
tishinjr  vessels  to  enter  Canadian  ports  for  the  purpose  of  traiisslilit 
pin;;  their  ear^rocs  is  as  clear  and  unipiestionable  as  that  of  any  other 
Ameriean  vessels. 

I  nder  the  treaty  of  1871,  with  all  the  privilep:es  granted  to  Aiiu'iicaiis 
in  respeet  of  tlshin;;  in  British  waters,  the  practical  result  was  the 
diminution  of  American  lishin;;  interests  and  a  <'orresi)ondiiij,' lar};e  in- 
crease of  the  Cana«lian  lishiiij;  interests,  <»win;;to  the  superior  facilities 
of  the  Canadians  in  lishin;;  near  their  own  homes  and  their  ri;,dit  j,'iia!- 
anti«'d  by  that  tre.ity  todispose  of  their  lish  in  American  piutslrceliom 
all  duties  and  impositions.  It  was  this,  doubtless,  that  led  the  llritish 
Government  to  lefuse  to  terminate  the  fisheries  article  of  ISJl  wluiiit 
had  already  ol)tained  !i<."),r)()(>,()iiO  as  the  i  >tal»lislied  recomi)eMS('  lor  llie 
superior  (alle;;ed)  advanta^res  obtaine<l  by  American  fishcriiuMi  iiiider 
that  treaty. 

After  the  tinal  termination  of  the  lislicries  articles  of  the  treaty  of 
187^ .  t  bein;;  apparent  that  the  United  .States  could  not  be  iHTsiiailed 
or  be;;uiled  into  a  renewal  of  the  so-called  reciprocity  with  Canada, the 
former  methods  of  unfiien<lly  coercion  and  harassment  were  ajjaiii  re- 
sorted to  and  with  ;;reat  exajr^^eration.  New  Canadian  laws,  sanctioned 
by  the  houjo  {government,  were  enacted,  calculated  and  evidently  de- 
signed to  ell'ectually  frustrate  and  <leMtroy  all  the  substantial  ri^^its 
that  American  tishermen  w<'re  entitled  to  enjoy  under  the  treaty  of  It^l^J- 
and  to  destroy  the  mutuality  of  the  act  of  1830  aud  the  beuelits  of 
article  L'l)  of  the  treaty  of  1871. 

Our  Government  remonstrated,  at  (irst  mildly,  and  later  on  with  some- 
thin}?  of  the  vigor  that  should  belong  to  those  intrusted  with  the  de 
i'mm  of  clear  American  rights.  Hut  these  remonstrances,  nnaceonipa- 
uied  or  followed  by  any  further  steps,  were  unavailing. 

The  President,  in  his  annual  message  of- J)ecember,  1885,  in  viewot 
these  circumstances,  recommended  to  Congress  the  making  provision 


Tin;    II.SIIKIUKS    TRKATY. 


If) 


forivfoiimiission  to  adjust  mnl  Hettle  tho  (Unicultics  aiiul  dispiiti's  thus 
iiiiscii,  but  ConjjresH  <lid  not  Mee  fit  to  do  it,  and  tlu'  Senate,  on  the 
;;itli  of  April,  ISSd,  udoptnl  a  jrsolution  l>y  a  majority  of  LT*  di'darinj; 
that,  in  its  jiuln'otMit,  no  such  oouiniission  oM;;lit  to  lu^  csfaldislKMl; 
and  l».v  a  resolution  of  the  LMtli  of  July,  ISSi;,  i)ro(;ei'»led  to  <)rd«'r  an 
invest i;,'at ion  by  its  conunittee  on  l"orei«jn  relations  into  llio  fisliery 
(|iio.stion  and  into  the  unjust  treatment  of  our  tishermeu  and  tlie  elreuiu- 
stiuiees  connected  tlierewith,  with  a  view,  as  it  nuiy  be  j)resumed,  to 
VAk'wii  such  measures  on  the  report  of  its  committee  as  the  interests 
and  honor  of  the  I'nited  States  shouhl  recpiire. 

That  ciunmittee  nuide  an  exiiaustive  iuvestiuation,  and  witlutnt  any 
dissent  IVtun  any  of  its  membtrs  rei)orted  to  the  Senate,  on  the  l!)th  of 
January,  1887,  upon  tlie  subjec^  statinjj:  the  history  of  these  <lilliculties 
and  the  clear  rights  that  it  was  thouyht  bclon^'c*!  to  tlie  L'nited  States 
and  to  their  citizens,  and  recomii.ended  the  enactment  of  a  law  for  the 
protectitJU  of  American  rij^hts. 

Such  a  law  was  enacted,  the  bill  passing;-  the  Senate  by  a  vote  of  l(> 
ill  the  athrmative  to  1  in  the  nenalive,  and  passinjj  the  llouse  of  Hep- 
ii'seiitatives  with  an  enlari^iii'jf  amendment  by  a  vote  of  250  in  the  aflirm- 
ative  to  1  in  the  negative. 

Oil  the  i)assa;j;e  of  this  biw  the  only  dilference  between  the  two 
houses  was  that  coneeruinjjf  the  extent  to  which  these  defensive  meas- 
ures should  go.  This  act  of  Cougres.<  was  api)rovetl  by  the  Tresident 
'HI  tlieud  of  March,  ISST,  and  is  in  tlu'  following  words: 

AK  ACT  to  iiiiUiorizo  the  PrusUlent  of  the  ITnitud  Stati's  lo  jinitt'ct  and  dofeiitl  tlio  tights  of  Amoi  i- 
tan  tlHhiuf;  roRgeU,  Aiiierloan  tlHhuNneii,  Amorican  trniUug  niid  olhor  vohscIh,  in  ccrtoin  cnsott,  and 
furuther  ]iui'p080(<.  *        ; 

Ik  it  ninvled  bn  the  Senate  and  Houxp  of  UeimseiitativiH  of  the  ('n'tted  Slates  of  Amcrim 

t 
ill  ConijrtnK  aHHeinhled,  That  whenever  the  I'resident  of  the  Unitetl  States  shall  be  sat- 

i''!iiil  tliiit  Aini-rifan  lishin;^  vessels  or  Ainericaii  lisheiiiieii,  visitiii;;  or  beinjj  in  the 

waters  or  ut  any  ports  or  plaees  of  the  IJrilisii  tloiniuions  of  North  America,  are  or  then 

lately  have  been  denieil  or  jibriilged  in  the  enjoyment  of  any  rights  secured  to  thcni  by 

iriat  y  or  law,  or  are  then  or  lately  have  [been  J  unjustly  vexed  or  harassed  in  the  onjoy- 

imiitofsuch  rights,  or  hubjected  to  unreasonable  restrictions,  regulations,  orrcquire- 

imiitH  in  respect  of  such  rights  ;  or  otherwise  unjustly  vexed  or  harassed  in  said  wa- 

tiTs,  iKirts  or  [ilaces;  or  whenever  the  I'resident  of  the  l'nited  States  shall  be  satislied 

Unit  any  such  fishing  vesHels  or  fishermen,  having  a  permit  under  the  laws  of  tho 

I'uitctl  States  to  touch  and  trade  ut  any  port  or  poits,  place  or  places,  in  the  British 

"lomiiiioiis  of  North  Aujorlca,  are  or  then  lately  have  l)eeu  denied  the  jjrivilege  of 

'ntcrini;  MU'h  port  or  ports,  place  or  places,  in  the  same  manner  and  under  the  same 

H'j;nlatioii.s  us  may  exist  therein  applicable  to  trading  vessels  of  the  most  favored 


16 


THK    KUMHRIKS    TREATY. 


% 


W\ 


nation,  or  .slmll  ln\  iiiijiiHtly  vi-xid  or  Iianisst'd  in  n'spcit  flu'rcof,  or  otliorwisc  W 
iiiijiiHtly  vexod  or  liarasMMl  therein,  or  shall  lio  jiri'vciited  from  l)iiri'liasiiij;  sncli  sun. 
plies  aa  may  there  be  lawfully  Hold  to  tnvdinj;  v»'s»el.H  of  the  most  favored  nation-  or 
nhiMiever  the  Presidrnt  of  the  Uniiod  States  shall  he  satisfied  that  any  other  vessels 
of  the  United  States,  their  masters  or  crews,  so  arriviiijj  at  or  being  in  snch  British 
waters  or  ports  or  places  of  the  liritiHh  don-inioiis  of  North  America,  art!  or  then 
lately  have  been  denied  any  of  the  jirivilcfjcs  tin  rein  accorded  to  the  vessels,  their 
masters  or  erews,  of  the  mo.st  favored  nation,  or  nnjustly  vexed  or  harassed  in  respect 
of  the  same,  or  nnjustly  vexed  or  harassed  therein  by  the  authorities  tbereof,  tlien 
and  in  either  or  all  of  such  cases,  it  shall  be  lawful,  and  it  shall  bo  the  duty  of  the 
President  of  the  United  States,  in  his  discretion,  by  proclamation  to  that  effect,  tu 
deny  vessels,  their  masters  and  crews,  of  the  Hritish  dominions  of  Xortli  Aiiieric;i, 
any  eiitrance  info  the  waters,  ports,  or  jdaces  of,  or  w  iliiin  the  United  States,  (with 
such  exceptions  in  regard  to  vessels  in  distress,  stress  of  weather,  or  needing siip- 
ulics  as  to  the  President  shall  seem  jtroper),  whether  such  ve&sels  shall  have  come 
directly  from  gai«l  dominions  on  such  desiined  voyaj^e  or  by  way  of  some  purt  or 
place  in  such  destined  voyage  elsewhere;  mid  also,  to  deny  entry  into  any  port  or 
place  of  the  Unit<'d  Statis  of  fresh  fish  or  s.ilt  fish  (U*  any  other  product  of  said 
dominiiuis,  or  other  j^oods  comin<;  from  said  dominions  to  the  United  States,  The 
Pre«iilent  may,  in  his  discretion,  apply  such  proclamation  to  any  part  or  to  all  of  the 
loregoing-named  subjects,  and  nuiy  revoke,  qualify,  limit,  and  reuewsuch  proclamation 
front  time  to  time  as  he  nmy  deem  necessary  to  t  he  full  and  just  execution  of  the  purposes 
of  this  a(!t.  Every  violation  of  any  such  proclamation,  or  any  part  tlien-of,  is  herein' 
declared  illejjal,  ami  all  vcsm-Is  aiulf^fjods  socominjj  or  being  within  the  watrrs,  ports 
or  idaces  of  the  United  States  contrary  io  such  proilamation  shall  be  torl'eileil  to  the 
United  States  ;  and  such  forfeiture  shall  bo  enforced  and  proceeded  n|"ni  in  the  name 
manner  and  with  the  same  effect  as  in  the  case  of  vessels  or  goods  whose  iiiiiwrtatio" 
or  coming  to  or  being  in  the  waters  or  ports  of  the  United  States  contrary  to  law  may 
luiw  be  enforced  and  proceeded  upon.  Every  person  who  shall  violate  anyof  tiie 
provisions  of  this  act,  or  such  proclamation  of  the  President  made  in  imrsiiance 
hercid',  shall  be  deemed  guilty  of  a  misdcmeaiKU',  anti,  on  conviction  tluicol',  shall  he 
]tunished  by  a  fine  not  exceeding  one  thousand  <lollar8,  or  by  imiuisonnient  feratiini 
uot  exceeding  two  years,  or  by  both  said  punishments,  in  the  discretion  of  tLeroiirt. 
Ai>proved,  March  ;t,  18.17. 

So  far  as  is  known  to  the  (.•otiniiitt«'i',  v.o  step  wlialfvcr  was  taken  li,\ 
the  PresiiU'iit  to  put  tliis  hiw  into  execution,  but  ncj^cotiatiotis  were  in 
itiuttul  ami  contitiued,  to  tht;  niipart-nt  end  of  accoiiipli«liiii^',wIii»t  Con- 
gress had  thouy;ht  it  unlit  to  undertake  in  such  way,  an  atljiistmeiit  ot 
tliese  dillienlties  by  the  diphnnatie  course  of  seiMtrifi^'  a'j»art  ot  Amen 
eau  rights  at  the  expense  of  yiehling  other  and  fhe  most  I'undaaieiital 
and  important  of  thetn. 

These  negotiations  cuhninated  in  the  a|)poifitniefit  by  the  rresideut. 
during  the  recess  of  the  Senate,  ou  the  L'L'd  of  November,  1887,  only  ten 
days  before  the  meeting  of  Congress,  of  three  " plenipotentiaries 


■4 


"to 


■»«»9:ft«» 


THE   FISIIKRIES   TREATY. 


17 


iroof,  or  otherwise  le 
1  ptircluvsiu};  siicli  sup- 
ost  favori'il  iiatiim;  or 
that  any  olliei  vessels 
r  being  in  such  Britisli 
1  America,  arc  or  then 
It'll  to  the  vessels,  their 
(I  or  harassed  in  respect 
ithoritit'H  thereof,  then, 
hall  he  the  duty  of  tlie 
iiutitiu  to  that  effect,  to 
lions  of  North  America, 
li.>  I'nited  States,  (with 
veather,  or  needing  siip- 
vessels  shall  have  oonic 
by  way  of  some  port  ui 
y  entry  into  any  port  or 
ly  other  product  of  sa'ul 
the  United  States.   The 

I  renew suih proclamatioii 
excent  ion  of  the  purposes 

,ny  part  thereof,  ifi  hereby 
;  within  the  waters,  ports 
n  shall  be  forfeited  to  tlie 
oeeeiledir-'uinthesame 

Kooda  whoM>  iniportatio" 
ates  contrary  to  law  may 

Hhall  violate  any  of  the 
,l.M,t  made  in  pursuance 
,„vietionther.'of,  shall  he 
vnnprim.nn.entforaterm 

0  discretion  of  the  ronrt. 

,,;Uev.'r  was  taken  l>y 
ii.MCotiut ions  were  ill- 

[v:,v,aniuli<istmeiitof 

Iri.'.g  a'pavl  of  Ameri- 
l,e  most  fiind.i'xeiit'il 

,,„t  by  the  rresiaeut. 
|vtMnber,l.SST,onlyt^^" 
[.plenipotentiaries,"  to 


consiiler,  with  like  pleiiii)otentiaries  appointed  by  Tier  ^fajesty,  the 
wliole  .subject,  with  a  view  ofcouiing  to  a  .sobitioii  thereof. 

Tiiese  plenipotentiaries,  thu.s  created,  began  their  real  work  at  Wash- 
ington while  both  hou.se.s  of  Congress  were  sitting,  and  without  any 
comumnication  by  the  rresidontiii  hi.s  annual  message  on  the  meeting 
of  Congress,  or  otherwise,  of  tiio  tact  that  such  important  and  extra- 
ordinary operations  were  in  progress,  or  that  very  grave  interests  of 
the  United  States  had  beeu  placed  in  the  custo<ly  of  gentlemen  whose 
names  had  not  even  been  communicated  to  it. 

Tliese  "  plenipotentiaries"  came  to  a  conclusion  of  their  labor,-,  on  the 
IDtb  of  February,  1888,  and  the  oHices  of  "  i)ieuip()tentiar  .^ '  termi- 
nated, and  the  result  was  reached  without  the  advice  aux  con.-dnt  of 
tlie  Senate  having  been  asked  or  taken  concerning  the  seleci;„n  of  these 
public  ministers,  and  without  any  communication  to  either  house  of 
Congress  concerning  this  most  important  subject. 

it  is  not  dilhcult  to  see  that,  in  evil  times,  when  the  President  of  the 
United  States  may  be  under  inlhience  of  foreign  and  adver.so  interests, 
such  a  course  of  procedure  might  result  in  great  disaster  to  the  interests 
and  even  the  safety  of  our  Government  and  people. 

It  is  no  answer  to  this  suggestion  to  say  that  an  arrangement  thus 
conoliuled  can  not  be  valid  or  ell'ectiml  without  the  advice  and  consent 
of  the  Senate,  for  the  rights  and  interests  ofthe  people  of  the  United 
States  might  be  so  neglected,  misunderstood,  abandoned,  or  sold  by 
President's  "plenipotentiaries"  as  to  greatly  embarrass,  if  not  defeat, 
tlieir  ultimate  re-assertion  in  better  times  and  under  better  administra- 
tions, though  it  is  hoped  that  such  will  not  bo  the  case  iu  respect  of 
ilie.se  negotiations. 

The  document  submitted  to  the  Senate  by  tlie  President  as  the  out- 
t'onu'of  these  negotiations  may,  it  is  thought,  well  illustrate  the  dangers 
I'fsuch  nu'thods. 

But  bidding  in  reserve,  for  the  time  being,  these  grave  questions 
touching  usurpations  of  unconstitutional  powers,  or  the  abu.se  of  those 
tiiiit  may  be  thought  to  exist  on  the  part  of  the  Executive,  the  commit- 
itoe  thinks  it  sutlicient  for  the  present  occasion  to  deal  with  the  docu- 
iiiH'iit  itself. 

The  sid)ject  with  wh^idi,  according  to  the  message  of  the  President 

Ihv.nsniitting  it,  this  document  profes.ses  to  deal,  is  "  the  settlement  of  the 

'jiiestions  growing  out  of  the  rights  claimed  by  American  lishermen  in 

|liriti,sh  North  American  waters."    And  the  document  opens  with  the 

S.  Mis.  100 li 


M  '■■ 


fl.ii 


18 


THE    FISIIKHIES    TKEATV. 


-tjtatcnieiit  that  it  lias  to  deal   with  ''ilitl'erciu'es    • 


coiiceri;ii)(j 


the  interiuetation  of  Article  I  of  the  convention  of  October 20, 1818." 
The  article  referred  to  appears  in  an  earlier  part  of  this  report. 

The  lanjjnage  «)f  this  article  is,  as  has  often  been  stated  in  loiif^dis. 
cussions  npon  the  subject,  i)erfectly  clear.  And  as  it  respects  the  ter- 
ritorial limits  wherein  American  tishermen  shonhl  no  lon^^er  have  tlieii 
-iineient  ri^'ht  of  fishinjr,  there  has  not  been  and  can  not  be  any  question 
'capable  of  discussion,  other  than  that  which  nmy  arise  from  the  use  ot 
tbe  words  "  bays,"  etc.,  of  Jler  Miijesty's  domiiions. 

The  article  itself,  in  clear  and  unmistakable  lanjruajje,  recognized  iiml 
adopted  .'i  miles  from  the  shore  as  the  extreme  limit  of  niuiiici]i;il(Iu 
minion  and  exclusion,  but  it  also  used  the  words  '•  bays," etc.— Biitish 
bavs — as  include*!  within  the  i)rohibited  territory. 

For  many  years  after  the  coiuiliision  of  this  treaty  of  ISlS  there  does 
not  j'ipi)ear  to  have  been  any  ditliculty  in  respect  of  the  cxerci.se  of  the 
rip:hts  of  American  tishermen  in  bays  along  the  Hritish  North  Anuricaii 
cojwt  that  were  more  than  (}  miles  wide  at  their  entrance,  thus  followiiij: 
thedescrii)tion  embra<'e<l  in  the  .'?-mile  desijiiiation  of  nninicipiil  IhumkI- 
ary. 

But  when  the  Canadians  found  that  they  could  not  have  the  .same ad- 
vanta{?ea  enjoyed  by  American  citizens."  fishermen,  in  int rod iiein,^' their 
fish  and  other  prinlucts  into  the  rnitcd  States  on  the  same  tennsiis 
our  own  citizens,  a  system  of  restrictive  claim  was  adopted,  iiiid  tlie 
l)retension  was  set  up  that  «»»/ bay,  no  matter  how  wide,  intleiitinj,' j 
British  Norih  America,  was  a  British  bay,  and  that  the  Anieiieaii  (ii']\- 
ennen  were  by  the  treaty  of  ISLS  Ibrbiddcn  to  fish  tlicrcin,  and  in  1S43J 
the  first  seizure  under  tliat  claim  occurred.  The  American  tisliiiifr  ves- 
sel Wtishington  was  the  vessel.  Wlmt  was  decided  and  .settled  inlier] 
ca.se  has  alrea<ly  been  statetl. 

From  that  day  to  this  no  instance  has  been  brought  to  the  atteiitii 
of  the  committee  (among  all  the  various  and  very  numerous  .seizuresi 
American  fishing  vessels  by  the  British  autiiorities  uii<ler  the  elaiiuiij 
violations  of  the  treaty  of  1M18)  of  any  seizure  of  any  American  WA- 
iug  vessel  for  the  act  of  fishing  in  any  bay  indviitingtlie  British  I>t'rtli 
American  coast  more  than  3  miles  from  the  sliorc. 

It  is  curious  to  note  that  in  the  oi)ening  Britisii  case  before  tlio  Ifn.: 
fax  Commission,  no  nieuti»)n  is  made  of  the  headlands  question  tbntlKit 
from  time  to  time  been  a  subject  of  theoretical  discussion  between  tM 
two  tJovernments.     But  after  the  case  hail  been  presented  theqtu'stioij 


THE    FISllKKIES   TREATY. 


19 


not  have  till' siuiieaA- 


,at  tlie  Anu'iu'iin 


was  R'ferred  to,  but  it  appears  to  have  been  <lioi)pe(l  iti  view  of  the  ftict 
that  lishiii}--  in  siu-h  bays  «li(l  not  appear  to  be  of  any  substantial  value 
at  that  time.  Thus  the  bay  and  headland  matter  stood  when  these  last 
negotiations  bepan. 

The  first  article  of  the  treaty  now  under  consideration  ])rovides  for 
the  appointment  of  a  mixed  commission,  to  deliminate  "the  British 
waters,  bays,  creeks,  and  harbors  of  the  coasts  of  Canada  and  of  Xew- 
tbnndland,  as  U)  which  the  United  States,  by  Article  I  of  the  conven- 
tion (»l  October  20,  1818,  between  the  ITnited  States  and  Great  Britain, 
iciiouiic^d  forever  any  liberty  to  take,  dry,  or  cure  fish/' 

Certainly  a  delimitation  of  3  miles  from  the  shore  could  not  possibly 
he  made  more  clear  than  it  was  by  the  treaty  of  1818.  Monuments  can 
not  be  set  uj)  in  the  sesi  which  shall  separate  the  waters  of  Her  Ma- 
jesty's dominions  from  the  waters  beIon«?ing  to  the  fishermen  and  all 
otliev  peoi)le  of  the  United  States  in  common  with  the  rest  of  mankind. 

Tlie  oidy  possible  point  must  be  to  describe  what  were  British  bays, 
etc.,  and  if  this  article  had  only  been  devoted  to  namiufj  the  bays,  etc., 
that  were  less  than  G  niiles  wide,  there  might  have  been  some  thoretic 
;;touii*^  for  such  an  operation.  But  the  treaty  easily  dismisses  all  such 
as  a  part  of  the  coast  line,  and  proceeds  to  show  that  the  3-mile  limit 
I  mentioned  in  tlu^  treaty  of  1818  is  not  the  one  that  is  to  define  the 
rights  of  citizens  of  the  United  States,  but  that  a  new  and  dilfereut 
principle,  entirely  favorable  to  Great  Britain,  is  to  be  adopted.  To  this 
end  the  third  article  of  the  treaty  provides  that  the  3  marine  miles  men- 
tioned in  the  treaty  of  1818 — 

[  simll  l»e  niensiired  seaward  from  low-water  aiarlt ;  hut  at  every  bay,  creek,  oi  liarlior, 

not  othei  vi.se  speeially  provided  for  iu  tliia  treaty,  siieh  3  marine  miles  shall  bo 

1  lUMsured  ^.  award  from  a  .straijjht  lino  drawn  across  the  bay,  creek,  or  harl)or,  in  the 

S imrt  nearest  tlie  ontraiiee  at  the  first  i)oint  where  the  width  does  nut  exciod  ten 

marine  miles. 

l>y  this  simple  British  process  the  3  miles  mentioned  in  the  treaty  of 
J1S18  is  nearly  doubled  and  extende<l  to  5  miles  from  either  snore  at 
ilie  (Mitranee  or  along  the  bays  indenting  the  coast.  It  needs  '-o  com- 
ment to  show  that  this  provision  is  not  an  execution  of  the  treaty  of 
yM,  hut  is  making,  by  an  assumed  construction  or  otherwise,  a  new 
lone  of  entirely  dilferent  dimensions  and  entirely  in  t»:<'  interest  of  Her 
[Majesty's  Government. 

Itutthis  is  not  all.  The  "plenipotentiaries"  went  still  farther  (not 
[stopping  at  nearlv  doubling  the  area  of  British  municipal  dominiou 


*»i 


tit 


i 


20 


TIfK    KISHEKIES    TKEATY. 


,9' 


nioasnrod  by  (lie  iroaty  of  1818),  and  ujiircd  tliatjnaiiy  ((((iiiid  iK'rliaps 
all  tlio  valiialih')  }iYvt\t  bays,  iiiucli  iiioro  than  10  uiilcs  in  widtli,  .should 
be  tori'veniiOn'  iticlndiMl  in  r.ritish  niuni('i[)al  doniinion,  iiiid  tliat  for. 
evermore  no  American  fislu-rman  .shonltl  liave  the  ri},'ht  to  dropajjiie 
or  cast  a  seine  therein.  j 

These  ;4:reat  bodies  of  water,  thns;;iven  nj)  to  the  Driti.sli,  are  iiaiiied 
in  the  treaty  as  follows:  (1)  The  Haie  des  Chaleurs;  (2)  l]iiv  of 
^Miramichi;  (3)  K^^mont  itay;  (4)  St.  Ann's  Bay;  (."))  Fortune  % ; 
((>)  Sir  (Mjarles  Ilainiltim  Sonnd ;  (7)  Barrinjjton  liay;  (8)  Cliedalnieto 
Bay;  (9)  Mira  Bay;  (10)  Placentia  Bay;  (11)  St.  Mary's  Buy. 

These  a^'reements  contained  in  article  4  of  the  treaty,  as  lia.s  been  said, 
really  cede  (so  far  as  th«'.  United  States  are  concerned)  to  (Jreat  Britain 
forever  tlie  complete  dominion  over  these  nnmerons  and,  for  li.sliiii;' pur- 
poses, the  most  valnable  of  the  bays  alon<f  the  coasts  of  Ihitish  Nortli 
America,  and  exclude  forever  all  the  Ameiican  tishinj;  vessels  tliercfroiu, 
except  for  the  limited  and  narrow  pnrpo.ses  mentioned  in  the  treaty  of  j 
1818,  and  reco^inizOthat  liy  forceof  the  treaty  of  1818  these areaiidahvays 
luive  been  iiritish  waters,  while  it  is  thonsht  by  the  coinniitteethat'jy 
the  public  law  of  nations  these  same  waters  will  be  open  to  the  vessels 
of  all  other  conntries  than  our  own,  unless  theyi  too,  shall,  from  generos- 
ity or  fear,  or  for  some  consideration,  renounce  their  ri},dit  to  use  the  j 
same. 

The  principle  on  which  this  article  is  formed  is  a  recoj;iiitioii  bytbej 
United   States  of  the  municipal  and   territorial  soverei^'iity  of  Great 
Britain  in  and  over  all  the  other  bays,  etc.,  on  the  Hriti.sh  Xortli 
American  coast,  however  large,  in  which,  by  this  treaty,  our  citizoiisj 
are  to  be  admitted  to  (ish,  exterior  to  a  line  .'i  miles  from  shore. 

The  article  in  terms  jirofes-ses  to  delimit  the  Jirifish  btiys  inentmdl 
in  the  treaty  of  1818,  and  as  it  mentir)ns  eleven  such  hays  even  iiiorej 
than  10  miles  witle,  and  some  of  which  are  L'O  or  more  miles  wide, itl 
follows  that  the  Iiritish  contention  of  municiiial  dominion  over  all  bays 
without  regar<l  to  width,  is  acted  upon,  and  that  the  riuhtof  Americaiisj 
to  lish  in  the  few  other  wide  liays  not  mentioned  is  a  grant  l»y 
British  Ciovernment.  ^ 

If  the  Bale  de  Chaleurs  is  a  now  British  bay,  so  also  nuist  be  the lii.l 
of  Fundy  and  all  the  rest.     But  if  it  be  suggested  that  the  "i''«"'l'^ 
tiaries"  renounced  the  right  of  tishiugin  the.se  bays  as  public  waten 
(for  which  no  hint  ai»i>ears  in  the  treaty)  in  con.s{deration  of  mn''^^ 


advantages  gained  to  the   United  States  by  other  provisu 


)n.s  of  tM 


TIIK    FISIIEUIES   TREATY. 


21 


treaty,  it  is,  the  couiiiiittrc  tliiiiks,  eciually  objectionable;  and  this  en- 
tirely witliont  regard  to  any  present  practical  value  or  want  of  value  of 
the  tislierie.s  therein.  Jt  is  not  tlionjjht  by  the  corninittee  to  be  suitable 
to  tiie  dijjfiiity  or  interests  of  the  United  States  to  renounce  the  right  of 
its  citizens  to  pursue  business  in  any  ])art  of  the  public  waters  of  the 
world.  Such  rights,  the  conimittee  thinks,  should  neither  be  the  sub- 
j.cts  of  ])urchase,  sale,  barter,  luu"  gift. 

The  question  of  the  ext«>nt  of  territorial  dominion,  as  it  respects  the 
exercise  of  fishing  rights  in  bays  more  than  0  miles  wide  indenting  the 
shores  of  a  country,  must  of  course  be  determined  by  the  law  and  prac- 
tice of  nations  as  they  existed  in  the  year  1818,  at  which  time,  as  the 
toniniittee  thinks,  the  .'J-miles  limit  from  shores  was  recognized  without 
ref^ard  to  large  indenting  bays,  except  under  very  peculiar  circum- 
staiiees,  such  as  the  ])rescriptive  exercise  of  dominion,  etc.  AVliether, 
in  view  of  recent  inventions  in  the  imi)lements  of  warfare,  it  may  not 
be  politic;  for  maritime  nations  to  agree  upon  an  enlargement  of  the 
bouiularies  of  their  territorial  dominion  seaward  is  a  ([uestion  well 
wortliy  of  consideration,  but  it  has  no  place  in  respect  of  the  nuitters 
hiow  in  hand. 

Tlie  su[)j)()s«'d  i)recedent  for  such  agreements  as  are  set  up  in  this 
treaty,  of  the  convention  of  1882  (Ex.  Doc.  113,  p.  18),  between  Great 
[Dritain,  Germany,  Belgium,  Denmark,  France,  and  the  IS\»therlands,  is 
tvery  far  indeed  from  being  such.    That  was  for  the  police  regulation  of 
[the  fisheries  in  the  North  Sea,  and  on  the  coasts  of  all  the  contracting 
hiarties.   It  was  limited  to  live  years,  and  not  perpetual,  as  this  treaty  is. 
It  neither  granted  nor  renounced  any  right.    The  freedom  of  naviga- 
tion, etc.,  inside  the  3-nule  limit  was  reserved.    The  naval  vessels  of  the 
Irispcctive  powers  were  to  enforce  the  regulation.    For  serious  iufrac- 
[ti'Mis  not  settled  at  sea  the  offending  vessel  was  to  be  taken  to  a  port 
[ot  litrown  country  for  trial. 

iieli  regulations  as  these  Just  cited  might  well  have  formed  a  pre- 
|(til(iit  for  composing  the  ditterences  between  the  United  States  and 
[(ii'it  Britain;  for,  first,  they  did  not  admit  territorial  dominion  as 
existing  over  l)ays  more  than  0  miles  wide,  but  conferred  it  for  the  time 
kin;:  and  for  a  limiteil  purpose  ;  second,  they  recognized  the  rights  of 
Ishing  vessels  to  be  considered  as  vessels  entitled  to  the  rights  of  all 
fthir  vessels  bearing  the  tiag  of  their  country,  without  regard  to  their 
'<ii|)ati()n,  so  far  as  it  respected  every  thing  else  than  tishing;  third, 
pi'  V  i»]aced  the  administration  of  these  tishing  allairs  iu  the  commanders 


f -■■pi 


1 

F 

1 

ff 

1 

';■ 

1 

it 

1 

;| 

f 

Ef 

m 

H) 

i 

\!i 

■■:« 

EkLii 

22 


Tin:  KisnKKiKs  trkaty. 


of  national  vessels;  ami,  fomtli,  they  jn'ovided  that  an  aceiised  vessel 
shouhl  be  taken  to  her  own  country  for  trial. 

The  contrast  between  this  Nortli  ^Sea  llsheriea  treaty,  to  which  (Ireiit 
Britain  was  u  l)arty,  and  the  one  now  before  the  Senate  is  vivid.  Tliiv 
are  snbstantially  the  opposites  of  each  other  in  nearly  every  particular, 

Nor  does  the  treaty  now  before  the  Senate  bear  any  material  rcseiii. 
blance  to  the  protocol  propose<l  by  Mr.  Seward  in  1S<!()  (Ex.  Doc.  113,  i», 
17),  nor  to  the  scheme  sent  by  Mr.  Bayanl  to  Mr.  Phelps  in  Novoinl)cr. 
18S(5  (Ex.  Doe.  113,  Fiftieth  Conjjress,  first  session,  p.  17). 

The  fifth  article  of  the  treaty,  decdarin-,'  that  the  treaty  shall  not  h 
construed  to  include  within  (lonunon  waters  any  interior  portions  of 
baj's,  etc.,  that  "can  not  be  reached  from  the  sea  without  i)assiii<,Mvit]i 
in  the  .3  nnirine  miles  mentioned  in  Article  I  of  the  convention  of  Octo 
ber  20,  1818,"  is  very  sweeping,  and  may  cover  a  {>reat  deal  more  than 
the  mere  reading;  of  it  wouhl  imj>ly  to  one  uninstrtu;ted  in  the  iiatiireof 
the  uortheastern  lands  and  waters,  with  their  deep  iudentiii},'  bays, 
their  many  islands  antl  islets,  and  their  tremendous  tides,  the  rise  and 
fall  of  which,  in  many  places,  chanjje  the  aspects  of  nature  to  an  astoii- 
ishin;;  de<jree.  r»ut  it  is  jmrcly  lan«;uajj(^  makinji;  the  test  the  capacity 
of  j)«.v«nu/ within  ;>  miles  of  the  shore,  and  plaiidy  indicates  that  iio 
matter  how  lar^'e  may  be  the  bay,  no  matter  how  wide  apart  maybe 
its  headlands,  no  matter  how  deep  may  be  the  waters  between  sudi 
headlands  at  hijrh  tide,  if  the  ship  channd  to  it  at  low  tide  bo  within 
3  miles  of  land  it  is  an  excluded  b,>v. 


■navinjj-  now  seen  what  the.  proposed  treaty  accoini)lislics  in  icsiR'tt 
of  ''delimitation,"'  we  jiroceed  to  examine  its  provisions  in  respect  ot 
what  American  vessels  ensajjfed  in  lishing  on  the  hi};h  seas  may  ami 
may  not  do  in  IJrilish  North  American  waters  ascertained,  cnlarsetl, 
and  delined  as  before  stated,  and  in  the  ports  on  those  coasts. 

In  order  to  understand  more  clearly  the  disastrous  nature  of  what  the| 
"l>lenipotentiarie8"  have  agreed  to,  it  is  valuable  to  consider  and  again 
8ta*o  the  situation  of  atfairs  existinjf  in  1818,  .uul  to  which  thetreatyj 
of  that  year  applies. 

Before  and  at  that  time  and  down  to  1830  no  American  vessel  of  rtwyj 
kind  wa.H  as  of  ri^-ht  admitted  to  any  British  North  American  port,  ami  j 
no  rights  of  commerce  or  trade  existe<l  (with  the  few  exceptions  betorej 
stated);  and,  reciprocally,  no  British  North  American  vessel  otaiivi 


THE    FISHKRIKS    TREATY. 


23 


,t  nn  aceu.sed  vessel 


noriciui  vessel 


kind,  lishiny:  or  otber^  was  admitted  to  ports  of  the  TTiiited  States  other- 
wise than  as  an  act  of  mutuality  iu  the  cases  stated.  The  treaties  of 
1794  and  181.5  purposely  left  all  these  ports  aud  all  trade  between 
r.rltish  North  America  and  the  United  States  to  be  regulated  according 
to  the  particular  imlicy  of  each  nation.  Such  is  still  the  condition  of 
things  so  far  as  any  treaty  obligation  is  concerned,  excepting  article  29 
of  the  treaty  of  1871. 

Ill  1818,  then,  no  Anurican  llshing  vessel  or  any  other  American 
vessel  could  enter  a  i)ort  on  any  of  the  coasts  of  liritish  North  America, 
even  wlu'rc  the  full  right  of  tishing  inshore  existed.  And  the  treaty 
ofl818,  formed  on  that  basis,  was  not  intended  to,  and  it  did  not  in  any 
way,  touch  the  question  of  any  trade  or  commercial  right  whatever,  and 
of  course  made  no  distinction  in  these  respecis  between  fishing  and 
other  American  vessels.  It  looked  and  spoke  only  in  regard  to  the  fact 
of  the  renunciation  by  the  United  States  of  their  fishing  rights  in  that 
liiut  of  the  territorial  waters  of  Britisli  North  America  named  in  the 
ireaty,  an<l,  as  an  incident  of  that  renu!u;iation  and  as  an  incident  only, 
it  provided  that  American  lishing  vessels  might  enter  those  renounced 
waters,  not  to  fish,  but  only  for  "  the  purpose  of  shelter  and  of  repair- 
ing damages  therein,  of  purchasing  wood,  and  obtaining  water;"  and 
this  right  was  to  be  exercised  under  such  restrictions  as  should  be  nec- 
essary to  prevent  their  tishing,  etc.,  therein,  or  in  any  other  manner 
abusing  the  privileges  so  reserved  to  thorn. 

Tliese  words,  "in  any  manner  abusing  the  privilege  of  entry,"  clearly 
referred  to  the  then  existing  state  of  IJritish  law  which  prevented  all 
trade  intercourse  by  foreign  vessels  with  the  provinces,  and  were  in" 
tended  to  authorize  such  action  on  the  part  of  Great  Britain  as  should 
be  justly  necessary  to  prevent  violations  of  British  navigation  aud  coiu- 
inercial  laws. 

Hut  in  the  course  of  years,  when  after  these  mutual  arrangements  of  a 
lejiislative  character  were  made,  the  business  and  trade  between  the 
Inited  States  and  British  North  America  developed,  the  British  North 
Americans,  like  their  fellows  in  l^ngland,  began  to  see  that  the  Ameri- 
can system  of  customs  laws  operated  to  tlie  advantage  of  American 
nti/.ens  and  industries  and  unfavorably  to  Canadian  and  British  inter- 
cuts. They  then  conjnienced,  and  have  since  steadily  continued  (except 
(luring  the  intervals  of  so-called  reciprocity,  under  the  treaties  of  1854 
iiiiil  1871),  a  systennitic  ami  persistent  course  of  hostile  legislation  and 
lulministration  under  the  pretext  of  enforcing  the  restrictions  of  the 


24 


THE   FISHKKIKS    TREATY. 


treaty  of  1818,  well  calculated,  and  dc.si;;ned,  as  the  connnittoe  tliinks 
is  dear,  to  so  embarrass  and  harass  the  citizens  of  the  Uiiitod  States. 
engajjt'd  in  the  lepd  pursnit  of  tishinjj  on  the  high  st 'as  as  well  as  in 
the  Jhitish  North  Anu-rican  waters  reserved  to  them  by  tiie  troatit's of 
1783  and  1818,  as  to  drive  them  ont  of  the  business,  and  so  to  leave  it  all 
in  IJritish  hands,  or  else  to  indnce  the  lJnite<l  States,  by  such  a  course 
of  unfriendly  and  even  outrageous  contluct,  to  allow  the  free  entry  of 
Canadian  tish  and  other  products  into  our  markets  as  the  price  of  tliiir 
fair  treatment  of  our  fishermen. 

Vet,  during  the  last  two  or  three  years  of  this  course  of  stiulioil  in- 
justice and  of  outrage,  while  no  Anierican  lishing  vessel,  even  bearinga 
full  commercial  character  under  tiie  laws  of  the  United  States  and  with 
the  Ihig  of  the  United  States  at  the  fore,  could  enter  a  port  of  Uritisli 
North  America  for  any  purpose  without  being  exposed  to  seizure  ami 
forfeiture,  or  enter  a  Ibitish  North  American  harbor  for  shelter  or  tit 
repair  damages  or  obtain  wood  and  water  without  being  subjected  to 
this  unjust  and  even  outrageous  treatment,  the  lishing  vessels  of  Diitish 
North  America  could  lawfully  and  without  molestation  enter  any  har- 
bor or  port  of  the  United  States,  sell  or  transship  their  cargoes,  and  do 
every  kind  of  trade,  and  de|)art  in  peace. 

Thiscon<lition  of  things  became  so  intolerable  that,  at  last,  the  remon- 
strances of  the  Kxecutive  became  vigorous  and  urgent,  and  on  tlieStli 
of  December,  1880,  the  President  sent  to  Congress  the  following:  mes- 
sage on  the  subject: 

To  the  Sfiiale  and  Uou»e  of  liipreseHtativts  of  the  Uiiilid  Slohn: 

1  transmit  lien-with  u  letter  from  the  Secretary  of  State,  which  is  aci'omimnied  liy 
the  corrcsponilonce  in  relation  to  tin-  rights  of  American  lisheriuou  in  tlie  liritish 
North  American  waterH,  and  commend  to  yonr  favoralile  conHitleratioii  llic  Mii.'j,'t'«tw" 
tliat  a  cDmmiHHion  he  aiitiiori/.i'd  liy  law  to  talic  lu-rpotuatiii;:  jnoofs  oftliL'  lusses sus- 
tained dnrin;;  tbc  past  year  by  American  lislicrnicn,  owin-;  to  tlieir  uiitVitmlly  ami 
nnwarranted  treatment  by  the  local  anthpriticH  of  the  maritime  pioviiues  I'l  tlif 
Dominion  of  Canada. 

I  may  have  occaNion  hereafter  to  nuike  farther  reconunendations  during  tlif  present 
Bession  for  such  remedial  h-yislation  as  may  become  necessary  for  tlu)  luotcction  ot 
the  ri;,'hts  of  our  citizcntj  engaged  in  tlie  ojien-Hca  (isheries  of  tlie  Noilh  Atlnntio 

•walers.  ,,       ...  ..-r, 

(Jboveu  CLEVFXAM'. 

ExKCUTivK  Mansion', 

il'axhittijton,  Ikremher  8,  1«<p6.  ^ 

Justly  influenced,  doubtless,  by  this  message  and  by  tiie  statcof  af- 
fairs shown  in  the  documents  accompanying  i;   and  by  the  evidence 


THE    FISHEIUKS    TKKATY. 


25 


tiiken  l).v,  and  the  ivpoit  of  tlio  ScMiatoCoininitteo  on  Foreijiii  Kolations 
oil  the  same  snliject  made  on  the  19th  olMiinuary,  1S87  (iJep.  No.  1C83, 
4'JtIi  Couii.,  2(1  sess.),  <'<'ii{,n'esN  came  t!»  the  eonc.liision  that  the  i)enoil  of 
negotiation  and  unavailing' remonstrance  had  i)assed,iind  with  almost  alt- 
solute  unanimity  and  witliout  any  pariy  division  enacted  the  actof  3Iareh 
0,1887,  hereinbefore  mentioned,  by  which  the  duty  was  imposed  upon 
tlie  President  of  withdrawinj--  from  J'.ritish  North  American  vessels,  etc., 
those  liberties  and  advantajies  which  by  the  pro-existin<j:  laws  they  were 
eiijoyinuf  ii.'  the  harbors  and  ports  of  the  United  States,  whenever  and 
as  often  as  it  .-should  apjtear  to  him  that  similar  ri<;iits  and  liberties  were 
ilonicd  the  Unied  States  fishing  vess>»ls,  etc.,  in  the  ports,  etc.,  of  Brit 
ish  North  America,  or  whenever  it  should  appear  to  him  that  Ameiican 
lishiii;;  vessels  sliould  have  been  subjected  to  ontraj^eous  or  unjust 
treatment  in  the  exendse  of  the  rij^hts  secured  to  them  by  the  treaty 
of  1818.  . 

All  that  remained  unprovided  for  accordini;'  to  the  sense  of  solf- 
rospect  and  of  just  policy  on  the  part  of  the  United  States  was  to  ob- 
tain indemnity  from  tlie  British  Goverinnent  for  the  injuries  that  had 
thus  far  been  committed. 

Ill  view  of  this  state  of  aftairs,  thus  brietly  mentioned,  we  come  to 
consider  what  the  pro])osed  treaty  undertakes  to  ])vovide  in  vei;ard  to 
American  vessels  enjja^e*!  in  fishing;-. 


aritime  pniviiut 


,M,lt   CI-KVKLANO. 


The  first  clause  of  Article  X  provides  that  American  fishing  vessels 
iMitering  the  bays  or  harbors  referred  to  in  Article  I  shall  conform  to 
harbor  regulations  common  to  them  and  Canadian  tishing  vessels. 
This,  by  necessary  imi)lication,  concedes  the  right  on  the  part  of  the 
Canadians  to  subject  United  States  fishing  vessels  resorting  to  a  Brit- 
ish North  American  bay  for  shelter  from  a  tempest,  to  the  municipal 
laws  of  Canada,  no  matter  how  far  dilVerent  those  regulations  may  be 
from  the  provision  in  the  treaty  of  1818  giving  to  the  British  the  right 
only  to  make  such  restrictions  as  should  bo  necesmry  to  prevent  an 
almxc  of  the  privilege  of  entry  for  the  i)uri)ose  stated. 

This  clause  adopts  the  principle  of  the  British  contention  in  the  For- 
tune Bay  affair,  Mhich  contention  was  that  American  vessels  in  Cana- 
dian waters,  under  either  the  treaty  of  181S  or  1871,  were  subjected  to  all 
the  miiiiiciital  laws  of  that  country.  This  British  contention  was  suc- 
cessfully resisted  by  Mr.  Evarts,  then  our  Secretary  of  State,  and  the 


26 


TMK    IISIIKKIF.S    TUKATY 


H  '  ' 


'  ffi 


|fff^*r-"'.75 


British  (lovenmieiit  yi\u\  an  iiuU'innity  loraii  iiiti'rfori'necMvitli  omli.Hh. 
injj  vt'Kst'ls  in  rospoct  of  tlioir  lu'in^  eiij^ajii'tl  in  lisliin;;  in  those  waters 
contrary  to  the  municipal  htatntcHof  NtnvlbnndlaiMl. 

TiiiH  clause,  th«Mi,  gives  away  luiportaut  American  rij^hts,  and  addiiis 
the  ])rincipU^  that  umU-r  the  treaty  of  ISlS  American  fi.shiii;;  vessels aiv 
sultjcct  to  the  full  force  of  foreijjn  municipal  hnv.  Unt  thisciaiisois, in 
part  only,  qualilicd  by  tlie  next,  wlii<di  excuses  tliem  from  reporting',  en- 
teiini;,  or  idearinj,'  when  pjittinj;  into  such  bays  for  shelter  or  repairiiiji: 
«lama;;es,  and  when  puttin;;  int«)  the  same  ontniilc  thcUmUn  (i/vHlnhlixht'tl 
portH  of  intry,  for  the  i>urpose  of  purchasinj;?  wood  or  ol)taiiiinf,'  water, 
with  certain  exceptions  even  in  respeirt  of  that  excuse.  Hut  wo  think 
it  may  l)e  safely  assunud  to  be  true  that  there  are  very  few,  if  any, 
British  North  American  bays  or  harbors  that  are  not  within  the  limits 
of  establislied  ports  of  entry,  for  (baibtlcss  (which  is  tlie  case  in  the 
United  States)  the  Dominion  customs  laws  brin;r  every  part  of  the  sen 
shore,  and  all  its  bays  and  harbors,  within  the  customs  limits  of  some 
port  of  entry. 

This  V'  lilication,  then,~of  the  swccpin;;  icipiiremcnl  of  the  lirst 
clause  r«'a..y  amounts  to  nothiufr,  an«l,  indeed,  can  (if  it  does  not  already) 
by  ii  simple  lejjislative  or  a<bninistrative  act  of  tlie  Doiuiuioii  •govern- 
ment biinjx  every  bay  and  harbor  and  every  part  of  tlie  coast  within 
the  limits  of  established  ports  of  entry,  and  thus  aj(ain  completely  sur- 
render the  tishiuR  vessels  of  the  United  States  to  every  coininerciiil 
regulation  of  the  Dominion  Kovernment  which  operates  against  them. 
while  it  gives  them  ahnost  none  of  the  benctita  of  commercial  inter- 
course. 

The  next  clause,  also,  further  provides  that  American  lisliinfjvessels. 
when  in  these  bays  and  harbors  for  shelter,  etc.,  under  the  treaty  ot'1818, 
shall  not  be  liable  for  harbor  dues,  etc.  This  is  a  mere  statement  ot 
what  results  from  the  treaty  of  18l«,  for  it  has  no  application  to  these 
vessels  otiier  than  in  their  purely  tishing  character,  and  in  that  chm- 
acter  they  were  not  subjected  by  the  treaty  of  1818  to  any  such  im- 
position, and  could  not  be,  for  none  of  them  were  necessary  to  prevent 
their  tlshing  or  to  luevent  their  smuggling. 

Article  X,  then,  taken  as  a  wiiole,  is  a  diminution  instead  of  an  en- 
largement of  the  rights  of  American  fishing  vessels  under  the  treaty  ot 
1818,  and  its  nioditying  and  limiting  t'lauses  would  be  only  valuable  in 
auy  case  as  a  renunciation  by  Great  Britain  of  a  totally  uufouiitled  pre- 
tension. 


1^? 


TIIK    FISUEUIKS    TREATY. 


n 


nci'  with  niirfi.sli- 
■I  in  those  waters 


i^lits,  ami  lulopls 
isliiii^j  vessels  avo 
It  thisclausois.iii 
•oin  repoi'tiii},',  I'll- 
u'lter  or  repairiii;: 
mitx  a/ eHtalilUhd 
!•  obtaiiiiiiu"  ^vater, 
Ht'.  llulwo  lliink 
!  very  lew,  it'  luiy, 
t  within  the  limits 
\a  the  case  in  tlie 
M\v  l>:vit  of  the  m\- 
[)nis  limits  of  some 

;nu'nl  t>f  till'  lirst 
it  does  not  already) 

Dominion  -ioveiii- 
jf  the  coast  witliiu 
iiin  complolcly  sur- 

every  coniinercinl 
ates  a^iainst  them. 

commercial  inter- 

.•an  lishin^'  vessels. 

'!•  the  treaty  of  1818, 

I  mere  stateuunit  of 

ipplication  ti)  these 

and  in  Ihiit  chiu- 

8  to  any  such  im- 

lecessary  to  pivveut 

,„  instoiul  of  au  en- 
i  under  the  treaty  of 

l,e  only  valuable  ill 
,,,,;ivnnfoun(le<ll're- 


Article  XI  i)rovidet<,  tlr.st,  that  Anierieau  tishiii;;  ve.s.soU  enterin;;'  tlio 
port.s, etc., of  Hrili.sli  North  America  under  .stress  of  weather  or  other 
riiKKdlt;/  niay  unload,  reload,  tran.sship,  or  sell,  subject  to  customs  laws, 
all  li.sh  on  hoard,  when  such  uidoadin;;',  transshipment,  or  .sale  is  made 
neccHccssary  aa  iitcuhntol  to  npaim^nud  may  replenish  outfits,  provis- 
ion.s,  or  supplies  damaued  or  lo.st  by  di.saster,  and  in  case  of  death  or 
sickness,  shall  be  allowed  all  needful  facilities,  indndin;^  the  shipping 
of  a  crew. 

The  nu)st  of  thesp  ])rovisi()us  are  already  clearly  covered  by  the 
treaty  of  1818,  au<l  all  of  them  are  covered  Im  the  real  snl)stan(!e  and 
spirit  of  the  airanjrement  of  IS.JO;  and  in  respect  of  transshipment,  by 
article  LM)  of  the  treaty  of  1S71.  They  are  much  more  than  covered  by 
article  21)  of  the  treaty  of  1871,  and  are,  in  fact  and  efVecr,  a  voluntary 
aliandonment  on  the  part  of  the  United  States  of  the  riuhts  secured  in 
respect  of  the  transshipment  of  all  American  goods  and  merchamlise 
jirriving  at  any  iJiitish  North  An)eri(!an  port.  That  artich?  u.ses  Ian- 
},'iia<,'e  of  the  most  conJi)rehensive  character,  and  it  can  not  be  doubted 
that  under  it  a  ('anadiau  fishing  vessel  bringing  a  cargo  of  fish  from 
tlie  (isliing-grounds  to  the  .south  of  Nantucket,  or  from  any  other  place 
oil  the  high  seas  or  any  British  waters,  to  the  i)orts  of  New  York,  lios- 
ton,  or  Portland,  would  be  entitled' to  land  them  and  transshii>  theiu 
to  Canada  without  the  payment  of  any  <lnty,  and  it  is,  of  course, 
e(|iially  tilear  that  a  cargo  of  fish  on  b(»;ird  a  fishing  ves.sel  of  the  United 
States,  when  brought  from  the  fishing-grounds  of  the  high  .seas  or  else- 
where to  any  Jiritish  North  AnuMican  port,  may,  in  like  manner-,  be  en- 
tered and  transshii)pe(l  to  the  United  States  without  the  payment  of  duty. 

It  would  seem,  then,  that  in  respect  of  the  clause  of  Article  XT,  now 
under  consideration,  as  well  us  with  respect  of  the  clauses  hereinbefore 
c(»nsidered,  that  the  Executive  in  negotiating  this  treaty  had  failed  to 
remember,  or  had  left  out  of  view,  what  the  i)iesent  rights  of  citizens  of 
tlie  United  States  already  clearly  are  under  treaties  now  in  force,  and 
liad  proceeded  upon  the  idea  that  every  right  that  the  United  States  is 
to  obtain  by  force  of  this  treaty  is  a  new  one,  and  is  granted  by  Uer 
Majesty's  Goveriunent  in  consideration  of  the  renunciation  to  her  of 
tlieRreat  bodies  of  water  mentioned  in  the  earlier  articles  of  this  treaty 
luul  of  all  commercial  rights  not  mentioned  in  this  treaty. 

The  next  paragraph  of  Article  XI  provides  that  licenscH  in  liritish 
North  AmericUn  ports  shall  be  granted  to  United  States  fishing  vessels 
on  the  homeward  voyage  only,  to  i)urcha.se  such  provisions  and  supplies 


28 


Tin:    KISIIKUJKS    TUKATV. 


as  arc  onlinaril.v  suld  to  tradiiif;  vrssolH,  but  sncli  provisions  shall  not 
bo  obtaiiu'tl  by  barter  nor  piin-liasi'd  lor  r«'saU»  or  trallic.  A  ('niiiulja,, 
llsliiii;;  v<'MM('I,oii  wlmti'VtT  voya^rc,  ritluT  outward  or  iiiwani,  may  now 
lawfully  iMin'liUHo  auytliiuj?  in  a  port  ofllu^  TuittMl  Statj's  that  aiiy  cit- 
izen of  the  Tuitod  States  can  purcliast',  aud  on  tlasNiiiuc  terms,  without 
any  lieense  whiitever,  aud  luay  dis|K)Mu  of  any  such  purchase  witiiout 
any  restrietion.  How  does  it  luip))en  that  the  IJiiiti'd  States  are  to  Iniv. 
or  to  aeeept  as  an  act  of  ^oneiosity,  the  privilege  for  our  lishiii;,' vcs- 
sels  only  when  they  are  on  the  way  home,  sullieient  food  to  preserve 
them  from  starvation,  and  under  the  restriction  that,  beiii;,'  without 
money,  they  must  not  obtain  it  by  the  exchan^je  either  of  lishliooksor 
wearinjj  ajtparel  ? 

If  all  vessels  of  the  I'nitetl  States,  iueludiu)^  those  en;;a;;»'(l  ni  the 
occupation  of  catchin;;  lisii  on  the  hi^di  seas,  are  now,  under  the  ar 
ran|;enientH  of  IHM),  entitled  as  of  ri;:lit  to  trade  in  I'.ritish  North 
American  ports,  this  clause  of  Article  XI  surren«lers  nearly  the  wlioK' 
of  such  rifjlit;  but  if,  under  the  arranjrements  of  1830  or  otlitnwi.si'. 
American  vessels  enyajjed  in  tishin;;  on  the  lii^jh  seas  liave  no  rijilitol 
entry  into  British  North  American  jtorts  ami  no  rijjht  to  tra<lt)  tliciviii. 
an«l  their  enjoyment  «>f  such  privile;j:es  depends  upon  the  U'j,nslative 
policy  of  tin*  Uritish  Dominion  ^'overnment,  can  the  I7nited  States,  with 
the  h'ast  sentiment  of  self-respect  or  with  the  least  re;;anl  to  American 
honor,  accept  such  a  privile<j:e,  so  limited,  without  on  the  other  liaml 
liinitin;,'  the  privile<;os  of  similar  Dominion  vessels  in  the  porta  of  the 
United  States  ? 

The  United  States  is  under  no  treaty  obli^jation  whatever  in  respect 
of  ]>ominion  lishiujjf  or  any  other  vessels,  other  than  those  contained  in 
the  treaty  of  1871  and  all  those,  whatever  they  may  be,  are  strictly 
mutual.  The  committee  thinks  that  such  an  arranj^ement  as  is  here 
l)roposetl,  and  which  ne<!essarily  implies  that  there  can  bo  no  other  or 
greater  rights  of  American  vessels  than  those  here  described,  is  utterly 
inadmissible  unless  it  be  conceded  that  the  business  of  American 
citizens  carried  on  on  the  high  seas,  hundreds  of  miles,  in  many  in- 
stances, from  British  North  American  coasts,  is  and  ought  to  be  sub- 
jected in  British  North  American  ports  to  the  free  will  and  pleasine  ot 
the  government  of  that  country  and  they  are  to  have  few  of  the  ri{,'htN 
that,  by  the  common  intercourse  of  nations,  are  accorded  to  the  vessels 
of  all  countries  as  acts  of  hosjiitality  and  humanity,  and  wiiicli  by 
treaty  or  legislative  arrangements  of  nearly  all  nations  are  accorded  to 


THE    I'lSllKKIKS    TKEATV. 


29 


till'  (iti/t'iis  of  t'su'li  ill  tlio  ports  ol'tliu  otlicr  upon  perfi-olly  miiliial  and 
otpjal  tennsi,  and  ni'vcr  otlunwisc.  If  \v«  an?  to  bay  liospilality  wliy 
slioald  we  not  sell  it?  If  w««  nro  to  submit  to  Ibitisli  n';,'alation.s  of 
any  o{'('Ui>ation  on  tlir  liijjli  .seas  why  should  not  Hiiti.sh  .subjrcl.sin  Ilko 
iiiaiiiKT  Mubniit  to  a  .siniihir  control  or  oxchision  of  tlicir  vessels  by  the 
I 'lilted  States? 

The  last  paiat,Miiph  of  Article  XI  appears  to  be  thoii^jht  by  tlie  Presi- 
(k'lit  in  liis  ineMxajje  eoinniuiiieatini^  the  treaty  to  «ive  to  our  Usiiiii;,' 
vessels,  whetlu'r  on  the  homeward  voya;je  or  not,  the  right  of  purcihas- 
iiij>  pnivisions  and  sui)plii's  that  onlinarily  belongs  to  trading  vesstjls. 
ill  this  the  ('(nnmittee  tiiinivs  the  Tresident  is  much  mistalieii.  Tlie 
liist  clause  of  the  paragraph  provitles  for  licenses  to  purchase  sui)plies 
tor'Mhe  homeward  voyage.*'  It  then  says  that  such  vessels,  having 
obtained  the  re(piiretl  licenses,  shall  also  be  accorded  upon  all  occasions 
such  /aeilitU'8  for  the  purchase  of  casual  or  needful  supplies  as  aro 
oiiliiiarily  accorded  to  trading  vessels. 

If  these  last-mentioned  words  have  the  moaning  imputed  to  them  by 
the  President,  the  words  immediately  preceding  are  absolutely  useless 
and  can  have  no  ineaning  wliatever;  for  the  privilege,  if  expressed,  is 
included  within  those  afterwards  used,  and  as  the  two  phrases  stand  in 
iiiniediate  connection  with  each  otlier,  the  absurdity  of  their  insertion 
ill  such  a  case  could  not  possibly  have  been  overlooked  by  any  intelli- 
gent person.  And  if  such  a  really  broad  provision  as  is  sujiposed  was 
intended  to  bo  inserted  in  the  treaty — one  which  was  intended  to  com- 
pletely reverse  the  whole  Uritish  pretension  upon  the  subject,  and  put 
our  fishing  vessels,  for  all  purposes  of  provisions  and  supplies,  upon  the 
.same  footing  that  IJritish  tisliing  vessels  occupy  in  the  United  States 
iuul  that  American  trading  vessels  do  in  the  British  provinces — it  cer- 
tainly should,  and  probably  wouhl,  have  been  stated  in  language  inca- 
pable of  sincere  niisunderstaiidiug. 

What  the  committee  thinks  it  means  is  that  an  American  lishing  ves- 
si'l,  having  obtained  a  license  to  purchase  i)r()vi8iousou  and  for  the  home- 
ward voyage,  which  is  all  that  the  first  clause  says  or  describes,  viz, 
the  mere  act  of  obtaining  the  license  upon  application,  such  vessel, 
having  obtained  such  license,  shall,  upon  all  occasions  to  which  the 
license,  viz,  u[)on  nil  occasions  of  the  homeward  voyage,  be  accorded 
facilities  for  doing  what  the  license  says  she  may.  This,  the  committee 
thinks,  is  the  literal  and  grammatical  construction  of  the  paragraph, 
and  all  that  can  be  extracted  from  it  by  the  ordinary  principles  of  con- 
struction. 


30 


THE   riSlIKUIKS    TREATY. 


The  whole  of  this  aitii:h',  tlu'ii,  ;is  it  iippears  to  tho  coiiiiuilteo,  isoiie 
lliat  wouhl  be  totally  (U'lofjatory  to  the  honor  ami  interests  ot'tlic  United 
StatcH  to  ajrreo  to.  The  eoiiiniittee  ean  never  reconiniend  or  asrco  tiiat 
any  American  vessel  or  eiti/.en  shall  receive  less  tree  and  l';ivmai)le 
treatment  in  any  for-'ijjn  port  whatever  than  is  aecordcd  to  flio  vcssiis 
or  subjects  of  such  foreign  country  l>y  the  laws  and  policy  of  the  United 
States. 

The  subject  of  conitnercial  rijjhts,  viewed  in  another  asj)ect,  coniitels 
the  inquiry  whether  it  is  not  entirely  absurd  to  consider  that  if  a  British 
part  existed  on  the  southwestern  or  western  coast  of  XewfouiKliiuul.oi 
on  the  coast  of  Labrad<u',  in  respect  of  which,  by  the  treaty  of  1,S18. 
there  is  no  exclusion  of  Ameriiian  ncsscIs  from  territoiial  waters,  siicli 
American  vessel  could,  so  far  as  the  treaty  of  1818  is  concerned,  enter 
such  port  for  all  and  the  :<ame  purposes  that,  any  other  Arne'i( an  ves 
sel  could,  and  that,  under  the  mimti  treaty,  50  miles  to  the  eaotward  on 
the  southern  coast  of  Newfoundland,  the  very  same  American  vessel 
Hhould  not  now  have  an;  rij^ht  of  entry  for  the  same  piupose .' 

The  twelfth  article  of  the  treaty  under  consideration  provides  liiat- 

Fixhiuff  vpsspIs  o}' Cuumla  ioid  Xowi'ounillniid  shall  hav«>  on  tlic  Atliintic  cii.bt  of 
theUniteil  State.i  nil  th«  pnvilejjes  r««ervi'<l  ami  Heeiinrl  hv  thi>  li«':ity  to  I'liiieil 
States  ChIuii};  vescelH  in  the  iiforeMaid  waters  of  Canada  aud  Xewroiinillaiiil. 

If  this  article  was  intended  to  put  Canadian  lishin<?  vessels  upon  the 
same  footing;  only  in  American  ports  and  waters  that  Amerioiin  vcs^sels 
are  put  in  Canadian  ports  and  w. iters,  there  would  be  iinitiiality  and 
equality,  however  nairow,  in  it.  Hut  this,  evidently,  was  not  tlie  pur- 
pose of  th(?  article, for  it  is  evident  to  the  committee  that  Cireat  liritaiii 
would  not  have  consented  to  any  such  {jreat  diminution  of  the  ri},'Iitsor 
ber  flshin<j:  vessels  as  they  now  exist  in  the  ports  and  waters  of  tiie  United 
States.  The  article  itself,  it  will  bo  seen,  while  somewhat  obscure,  is 
still  drawn  in  such  a  wa^'  as  only  to  be  alHrmative,  and  measures  privi 
leges,  reservcil  and  secure<l,  and  says  nothing  of  conditions  and  liinitii- 
tionsand  nothing  of  ports,  etc.  Hut,  however  this  may  be,  the  eonunittec 
does  not  think  that  it  comports  with  the  dignity  or  hospitality  of  tlie 
United  Gtates  to  <leny  to  IJritish  N(U-th  American  lisliing  vessidsor 
those  of  any  (»ther  country  the  ordinary  ci)mmerclal  rights,  hospitali- 
ties, and  humanities  that  are  now  sjipposed  to  be  nearly  universal  anion;' 
nations  calling  tluMuselves  civilized,  unless,  unhappily,  tliey  should  be 
compelled  to  «lo  so  in  order  to  induce  just  and  hospitahlc  treatment  to 
the  vessels  of  our  own  country. 


THE    FISTIKUIES   TREATY. 


ol 


The  thirteenth  article  provides  that  the  Secretary  of  the  Treasury  of 
tiio  United  States  shall  make  reaulutions  for  the  conspicuous  exhibition 
l)y  every  United  States  fishing-  vessel  of  its  ollicial  number  on  its  bows, 
and  that  no  vessel  shall  be  entitled  to  the  licenses  provided  in  the  treaty 
which  shall  fail  to  comply  with  such  regulations.  Ihis  provision  on  itj 
face  and  taken  liten-lly  applies  to  every  fishing  vessel  of  the  United 
States,  whether  it  is  ever  to  enter  Canadian  water;  or  not,  and  it  is  a 
law  to  the  Secretary  of  the  Treasury  of  perpetual  application. 

But  assuming,  however  mistaken  the  language  may  have  been  for 
tlii.s  rairpose,  that  it  is  only  to  apply  to  United  States  fishing  vessels 
ontering  Canadian  ports  or  waters,  it  is  bad  enough,  for  it  proceeds 
upon  the  i<lea  that  vessels  of  the  United  States  engaged  in  the  occupa- 
tion of  fishing  arc  lobe  puc  under  a  ban  of  specitic  api>arcl  and  ap- 
pearance Luat  is  not  inq>osed  upon  any  other  vessel. 

By  the  article  next  i)receding,  and  already  commenteil  upon,  all 
Canadian  fishing  vessels  are  entitled  in  our  waters  to  all  the  pri\ileges 
that  American  fishing  vessels  are  entitled  to  have  in  Canadian  waters 
sofiiras  it  regards  fishing,  at  least;  but  they  are  not  r(!(piired  to  be 
thus  numbered  and  marked.  tV  hundred  Canadian  iishing  vessels  may 
anchor  in  the  harbor  of  <iloucester,  the  great  fishing  portof  the  United 
States,  and  be  entitled  to  every  right  and  every  hosi)itality  only  upon 
the  evidence  of  their  i)apers,  which  show  their  nationality  and  that  they 
are  not  pirates  ;  but  if  a  s'ngle  An)eiican  fishing  vessel  appears  in  the 
luubor  of  Halifax,  and  under  the  guns  of  Her  Majesty's  forts,  she  can 
not  obtain  any  sni)plies,  and  her  ere  v  may  starve  at  anchor  unless  upon 
each  bow  there  is  the  number  alfixed  by  ord(>r  of  the  Secretary  of  the 
Treii.,^ury  of  the  United  States.  Certainly,  American  fishermen  and,  we 
should  hoi)e,  every  other  American  citizen  would  not  be  proud  of  such 
iidistinction. 

The  fourteenth  article  of  the  treaty  deals  with  the  subject  of  penal- 
ties for  fishing  contrary  to  the  treaty  of  1818  and  the  first  article  of 
iliis  treaty,  and  thereby  the  United  States  are  to  agree  that  such 
penalty  may  extend  to  forfeiture,  etc.  This  is  a  singular  provision 
(iind  probably  uni(iue)  to  be  found  in  a  treaty  between  two  civilized 
nations,  the  general  tenor  of  whose  laws  and  tue  general  social  nature 
ot  whose  institutions  are  very  nearly  homogeneous. 

The  article  also  provides  for  a  limitation  or  an  exception,  as  the  case 
'"i'.V  be,  of  the  legal  penalties  for  other  violations  of  fishery  rights,  three 
(hilars  a  ton. 


,4-~v 


32 


THK    FlSilERlK«   TKKATV. 


Jt  also  provides  that  the  imhx-oc(1!v»jjs  shall  be  Kuinniary  andasine 
IH'iisive  as  practicahlo  and  that  the  trial  shall  be  at  the  place  of  dete 
tioii~thc  platu' of  dottMition  Immiij,'  loft:  to  the  discretion  of  tlic  seizii 
anthoritii's,  for  withont  special  provision  t he sei/.ed  vessel ecraUlbetakf 
to  any  i)ort  in  the  J)onnnlon. 

It  then  provides  that  security  for  costs  shall  not  be  reiiuired  of  tl 
defense  except  when  bail  is  oll'ered;  that  is  to  say,  that  when  u  vesso 
with  all  its  fnrniture,  tacUhs  apparel,  and  car^o,  an«l  its  captain  an 
all  its  crew  are  seized  aid  arrested  and  taken  to  a  place  of  {icUntioi 
seenrity  lor  costs  shall  not  be  reqnirecl  until  t|jo  arrested  citizen  of  tl 
United  States  shall  desire  to  release  his  vessel  or  }j[et  out  of  prison. 

This  certainly  ujijst  be  only  what  every  .just  govejnnMMlt  wmilij  nn 
viile  of  itself.  The  same  may  be  said  of  all  l|iij  J)iile|'  lirovjsiMiis  of  lii 
article.  They  are  all  identical  with  (»r  analo;ions  til  tjie  pnictbi 
civilized  j^overnnients,  ami  rest  upon  couinion  juiiiciplea  nf  jfiHii)  iii 
ministration  of  jiistice.  Surely  ^liey  8hotti(|  \\v.'  \\  |ju  fteaty  <'oiitiatt  I 
brin^;  iheui  into  practice. 

Tho  Ht'teenth  articl«  of  the  treaty  is  open  ami  conditional,  ami  pn 
vides  that  when  tlie  United  States  shall  admit  ibitish  North  Aini'iicii 
tish  oil,  whale  oi.   seal  oil,  and  tish  of  all  kinds  except  llsh  pnscrvcil  i 
oil,  free  of  customs  duties,  the  like  products  <<f  the  United  Stati's  s!m 
he  aihnitted  free  into  Ibitish  ^'orth  America,  ami  it  is  also  proviil 
that  in  tlu.t  case  United  States  llshin;.?  vessels  may  la*  entitled— nol 
tish  inshore  as  the  treaty  of  1871  proviiied  but — to  annual  licenm 
the  following,'  purposes  in  Ibitish  North  America: 

(1)  The  i)urchase  of  provisions,  bail,  ice,  seins,  supjdies,  ttc. 

(2)  The  jans.shipinent  of  catch. 

(3)  The  shipidn;;  oi'crewt-,  but  that  supplies  shall  m»t  beohtaiiuMi 
barter. 

(4)  And  that  the  like  privileges  shall  be  cimtinueil  oi  given  tolisb 
vessels  oi'  liritish  North  America  oi.  the  Atlantic  e()ast  of  tlic  '  n 
States. 

This  is  a  mueh  worse  "reciprocity  "  than  existed  under  tin'  tic 
of  1871,  for  while  the  treaty  of  1871  was  silent  in  respect  of  cdniinirci 
rights  in  either  country  and  left  the   nuitter  of  the  eonimercial  ri;''' 
standing  upon  mutual  legislative  regulations  of  th|i  two  countries 
treaty  limits  the  rights  of  the  ttshing  vessels  to  certain  specilied  toi 
and  <lescriptions  of  commercial  privileges,  though  it  does  seem  toiiT 
nize  the  truth  timt  would  otherwise  appear  to  have  been  forfiottcii 


sunniiary  and  as  iiiex 
le  at  the  place  of  deteii 
liscrotion  ot'tlic  seizin^ 
I'd  vessel  coaUl  be  tiikrn 

n()t  1)0  required  at'  tin 
say,  that  when  a  vi'sstl. 
50,  antl  its  eaiitaiii  and 
to  a  place  of  tlelentioii. 
0  arrested  citizen  of  tin 
or  ;;et  out  of  prison. 

govevunnMll  ^vmilil  1"' 
DiHefU'iivlaifiiwoniils    ! 

iijous  to  tlie  piiU'.tii^i!  ol 
hrine|l)les  (d'  \^m\  ml 

;!<||  lio  treaty  coidiad  to 

id  eoiiditioiKil,  and  \m- 
IWilish  North  Anioikm 
except  tlsh  preservnl  in 
'the  I'tdted  States  !>!i;i 
and  it  is  also  iiroviiK'd 
may  be  eiitilh'd-iiot  to 
,t_to  aimnal  liVtw^^for 

ca : 
s,  supplies,  etc. 

shall  not  be  obtained  by 

ntie  coast  cf  tie-  I'i'it^"l 

visted  under  the  treaty 
in  respect  of  coianieirial 
f  the  conunercial  ri^rlits 
tl  flip  t\vo<!onntries,  tlii'* 
o  certain  specified  form'* 
iiohitdoesseemtorecofT- 

l.ave  been  for^iotlen  i" 


THE   PIS1IERIK8   TREATY.  ||i 

the  negotiations,  thai  Canadian  lishing  vcs.sels  now  have  coniniercial 
rijjhts  and  i>rivilege8  in  the  ports  of  the  United  States. 

The  impolicy  of  the  general  provisions  of  article  15  have  already  beeu 
twice  fully  demonstrated,  and,  on  the  hist  occasion  of  the  kind,  were 
unanimously  abrogated  bv  Congress.  It  is  thongiit  needless  to  now 
go  iido  a  (lis(uission  of  that  subject. 

We  have  thus  briefly  reviewed  all  the  substantial  articles  of  the 
treaty  of  positive  obligation  excepting  Article  IX,  which  declares  that 
nothing  in  the  treaty  shall  affect  the  free  navigation  of  the  Strait  of 
Canso.  This  article  was  evidently  inserted  on  account  of  the  renunci- 
ation by  the  Unite<l  States  of  its  rights  in  Chedabucto  Bay— this  bay 
being  at  the  southern  entrance  of  that  strait. 

It  is  abno.^t  unnecessary  to  say  that  the  connnitfee  is  Inlly  sepsibjc  that 
ill  Inatiy  niatters  of  fair  difference  and  of  doubt  ful  consideration  between 
two  governi||eMt*«»  Hi  ofder  to  arrive  at  an  ami(!able  coniposition  thereof 
tlu'te  tmj.d  He  tiiutual  concessions,  and  that  the  sanu;  is  true  in  respect 
of  enterirg  into  new  engjsgements  for  co:..mercialand  other  intercourse 
lietwee|i  natioUs,  I  1  or<ler  that,  in  the  last  named  case,  perfect  mutmdity 
of  righl  lUut  |»rivl  ege  uuiy  be  iuul  in  respect  of  the  same  matters;  but 
till'  (lonindttee  ijoes  not  think  that  the  proposed  treaty  can  be  justitied 
in  this  \S'p-, 

(Ills  itiea  of  concession  was  doubtless  the  ground  and  guide  upon 
width  the  treaty  of  1818  was  fouiuled.  At  the  time  of  that  treaty  the 
I'nited  States  claimed  (and  Justly  as  the  committee  thiidcs)  that  the 
tishing  rights  recognized  by  the  treaty  of  178;J  on  all  the  shores  of  Brit- 
ish North  Anierhja  were  property  rights  and  that  they  were  not  lost  by 
tl.e  war  of  1812,  and  that  after  the  treaty  of  [»eace  of  1814,  which  made 
no  nuMdion  of  the  subject,  those  rights  existed  with  all  their  original 

The   Hritish  Government  insisted  upon  the  contrary  and  that  the 

rinlit  of  citizens  of  the  United    States  to  fish    in  any  British  North 

American  watera  had  been  entirely  lost.    This  led  to  a  i)artition  of  the 

'ii>I»nted  territory — whether  wise  or  unwise  is  immuterial  to  the  present 

i|nosiion — but  in  making  this  settlement  the  contracting  parties  had 

evidently  In  view  the  then  understood  law  of  nations,  that  territorial 

waters  only  extended  to  three  miles  from  the  shore;  and  thej'  also  had 

in  view  the  then  existing  state  of  treaty  and  legal  relations  between 

(iiTat  IJritain  and  the  United  States  in  respect  of  intercourse  between 

"le  ibitish  North  American  Provinces  and  this  country, and  the  treaty 
8.  Mis.  loy 3 


34 


THK    FISHEUIES    TKKATV. 


l)rovi«UHK  ill  i-leiir  t«Tnis  when',  in  lirinsli  waters,  luitt'd  Statos  tisher 
nuMi  mifjlit  lish  and  wliero  they  mijflit  not. 

Till'  only  iMissihIp  question  that  eonhl  fairly  arise  under  the  ticiitvof 
ISIS  was  the  .|uestion  what  was  a  Hritish  bay.  Hut  the  (iiK'stioii,asa 
pnu'tieal  one.  has  lieen  in  all  the  sixty-iwne  years  ainee  the  niakinjrof 
that  treaty  c*r  litth'  or  no  aeconnt;  for,  ho  far  as  is  known,  tin- only 
seizure  of  an  AnoTiean  vess- I  hy  the  Uritisli  authoritifs  for  lishjn" 
more  than  'i  miles  from  rhe  shore  in  a  hay  iiKU-e  than  (>  iiiii.'s  widowas 
the  seizure  of  the  Wmlii>^j1im.  in  \M'.\.  and  in  that  ease,  as  lias  hceii 
bef()re  stated,  the  iiil«-rnafkrt*wl  iini|»ire  deeided  the  .seiziuv  to  have 
lieen  an  illegal  and  unjust  one. 

What  Aineiiean  fishennen  standiiif?  in  all  tdher  rexpccts  on  the 
foot iiifr  of  other  Ameri<;ans  enj^'aged  in  hnsiness  on  the  sea,  iiii};lit(ln 
in  their  eharaet«'r  nx  tinhrnncu  in  the  t«'rritorial  waters  and  liarhorsof 
iJritish  North  Anieriea  wan  elearly  stated,  and  in  langiia^'e  that  woiiM 
seem  to  have  lieen  incapable  of  sincere  misumlerstandini;. 

The  whole  of  the  substance  «d' the  present  statu  of  the  ditliciiUy  and 
discord  has  arisen  from  the  c«tnrs«'  of  the  IJritish  and  Canadian  Itiiislii 
lion  and  administration,  tlirected  against  the  vessels  and  lisliermon  of 
the  Fniteil  States  in  respect  of  their  coming  into  IJritish  North  Aiiuii- 
can  ports  or  harbors  or  within  three  miles  of  their  shores,  eirlieriiiiiitr 
treaty  rights  or  commercial  rights. 

Ill  view  i)f  the  plain  history  of  these  transactions  and  of  the  matters 
hereinbefoie  stated,  it  does  not  seem  to  the  eoinmittee  that  the  cxistiii!.' 
matters  of  dinicnliy  are  suhje<'ts  for  treaty  negotiation;  and  siiili  ap    I 
pears  to  have  been  the  opini(Ui  of  tlie  Senate   by  its  action  and  In  tlie 
remarks  of  many  of  its  members  of  both  political   parties  niid  In  the  1 
action  of  the  House  of  H«'presentatives  ujhui  and  in  the  passajje  of  the  I 
act  of  March  .'J,  1S87,  and  its  approval  by  the  rresideiit.  1 

No  new  ev«Mit  or  situation  of  atfairs  has  arisen  since  that  time, ami  I 
the  oi'ly  real  rpiestions  subsisting  between  the  two  countries  in  rcspeet  I 
of  the  subject  were  those  of  reclamations  by  i\w  United  States  for  out  I 
rages  upon  its  citizens,  for  which  this  treaty  makes  no  provision,  and  I 
Ujo  question  of  whether  the  mutual  arrangeinents  of  1H.'{0  and  the  I 
r<ufual  rights  of  transit  undei  the  treaty  of  1871  s?iidl  cuiitiiiiic.  I 

This  treaty  makes  no  provision  for  an  indemnity.  It  docs  make  pro-  I 
vision  for  establishing  fo  - .  '  '•bi  ^ull  measure  ami  limit  of  ri},'litsaim  I 
privileges  to  be  enjcrc^i  l>v  J5i,L\'n.(  .'^Bsels  of  the  United  States,  what-  | 
ever  of  her  clmT.-'ter  tli'V  u  jv.  iV-»v  lOve  and  api»ear  in,  in  tlie  l""'^  I 
and  waters  of  ijtitish  ly.«,.;  /luerlc?,  and  it  thus  surrenders  rights  1 


JiM^ 


THE    FISITERIKS   TUKATY. 


35 


II  it  I'd  Slates  tislier 

uihUm'  the  tmityof 
,t  the  (HK'stion,  as  a 
\\\vv  tlu'  makiiij;  of 
is  known,  ilu'  (inly 
:lioritios  for  lisliing 
vu  ('•  luilt's  \vi(U'  was 
it  (sise,  ns  bus  been 
the  seiziue  to  liave 

M'f  ft'8|M'cts  on  the 
oil  tlio  soa,  iiii};lit(lo 
aters  and  liarVtoisot 
aiifiiKifrc  tliat  would 
tandinj;. 

of  the  dilliculty  ami 
Liul  Canadian  U'gisl:i 
«'ls  and  lisbermeu  of 
liritish  Nortb  Ameii 
r  shrn-es.  eitberumin 

ns  and  of  tbe  niiitters 
iltcc  that  tlie  existing 
liation;  ami  siicli  up- 
its  at'tion  aniU'V  tlu' 
parties  ;in<l  l>,v  tin' 

i„  th(M»ii«^'>J''*'"''^'"' 
■^ident. 

since  that  time,  ana 
„  countries  in  n'SlH'rt 
United  States  for  out 

ues  no  provision,  and 
•  nts  of  1H:W  and  tlie 
shall  eoidinue. 

Itdoesniakoitro- 

HimitofriKdilsa'"! 
United  States,  wliat- 

,pear  in,  in  tbe  ports 
l,„s  snrren.lers  rigl>t« 


[V 


nd 


I» 


and  i)riviU'^a»s  that  the  counnittee  thinks  are  clearly  and  fully  estab- 
lished under  the  arnuiMeuuMits  of  1H30,  and  the  treaty  of  1871,  or,  if 
8ucli  rights  and  pvivih'fjes  can  be  claiiued  not  to  exist  in  these  re- 
spects, that  it  providcH,  as  of  original  and  perpetual  engagement, 
for  the  exclusion  of  the  American  vessels  engaged  in  a  particular 
ocenpation  on  the  high  seas  from  the  ov<linary  Immanities  and  hos- 
pitalities and  eciualities  enjoyed  in  tiie  British  >'orth  /Vmericaii  ports 
by  all  other  vessels  of  the  United  States,  and,  so  far  as  is  known, 
all  the  vessels  of  every  character  of  every  other  country,  while  at 
the  same  time  British  North  American  vessels  engaged  in  the  same 
o(!('iii)ation  and  in  the  same  seas  have,  without  restraint,  every  right 
and  facility  of  commerce,  hospitality,  and  immunity  in  all  the  ports  of 
the  Uidted  States.  To  enter  into  such  an  engagement,  finally  and  per- 
petually, as  this,  the  committee  thinks  contrary  to  the  dignity  and  just 
interests  of  the  United  States. 

The  committee  regrets  that  these  conclusions  do  not  meet  the  ap- 
proval of  all  its  members.  It  had  hoped,  as  has  been  the  case  generally 
hitherto,  that  no  influences  or  divisions  of  a  nature  coincident  with  the 
lines  of  political  parties  would  enter  into  a  matter  of  this  character, 
and  that,  as  was  the  case  only  a  little  more  than  a  year  ag(>,  all  Senators 
of  all  political  parties  would  unite  in  standing  lirmly  in  the  attitmie  taken 
in  the  winter  of  l.S.S<>-\S7  and  culminating  in  the  act  of  .Mandi  '■'>,  1887, 
and  in  deelining,  at  whatever  cost,  to  enter  into  any  new  engagements 
'.vitii  tlie  British  Government  that  should  leave  any  American  citizen, 
enuaged  in  whati-ver  octmpatioii  oi  l>usiness,  deprived  of  any  right  or 
privilege,  other  than  tlshiiig,  in  any  British  Nttrth  American  or  other 
waters,  that  is  or  may  be  granted  to  citizens  of  the  I  nited  States  en- 
f;aged  in  any  other  occupition,  and  that  have  beiMi  ami  are  fully  and 
freely  granted  by  the  United  States  to  every  British  subject,  wnatever 
may  be  his  occupation. 


Tbe  committee  thinks  it  di^e  to  tlie  Senato  to  state  t;liat,  cor.trary  (as 
it  believes)  to  the  universal  jirevious  jiraetice  of  the  Executive  in  con- 
nection with  the  consideration  of  treaties  when  the  Senate  has  asked  for 
all  tbe  papers  and  information  in  detail  concerning  the  progress  of  the 
negotiations,  the  I'ixecutivahas  not  thought  it  for  the  "  public  interest," 
in  this  instance,  to  communicate  all  such  papers  and  such  detailed  infor- 
mation to  the  Seiiate,  although  the  Senate  requested  it;  and  it  was  stated 
in  reply  to  the  resolution  of  request  that  the  deliberations  of  the  pleni- 


™H 


11'. 


M 


THE    FISIIEKIKS    TREATY. 


potoiitiarit's  were  in  conlUltMU'o,  iiiul  "that  only  results  slioiild  ho  nii- 
nouiu'cd  and  sucli  other  natters  HHthejoiut  prottjcolists  should  sigimu. 
(ler  the  direction  of  the    'lenipoteutiaries." 

It  is,  however,  stated  thai  every  point  Niibuiitted  to  conference  is  cov- 
ered by  i)ai)er8  alnsidy  in  possession  of  the  Henate,  excepting  tliei|iies- 
tion  of  dania^a's  sustained  by  our  lisheruien,  and  which,  it  Ih  stated 
was  met  by  a  counterelaiin  for  daina^^es  to  Hrilish  vessels  in  the  lidii- 
ing  Sea.     It  is  then  added  that — 

To  the  tliscrotion  hihI  control  of  tho  Executive  are  iiitruHtcil  thu  iiiitialionanilci):!. 
«liut  of  tlio  iiejj;otitttion  of  trouticH,  iiiiil  without  t)io  jrnaranty  of  liiutiiiil  and  iinpluit 
conli«h'tn-o  belwt'«Mi  tlie  ajicnts,  lu-pitiatimis  foi  th«  voluutiiry  udjnstiiit'iit  of vcxnl 
quCNtions  in  controversy  between  niitionH  conhl  not  hoiiefiiily  lie  cntrrid  iipdn. 

It  thUNnpi»enr8  to  be  (dainietl  by  the  I'^xcentive  that  the  Henate,  with- 
out  whose  advice  and  consent  no  treaty  can  be  concludt'd,  has  norifjiitto 
be  informed,  confidentially,  of  the  course  of  neootiations  and  (liscussioiis 
and  the  various  propositions  and  arj;umeiits  pro  and  con  uiisinjjiii  tlie 
nej,'otia.ion  of  a  treaty.  The  committee  feels  it  to  be  their  diitv  to  pin- 
tost  against  any  such  asNumptU)n.  It,  belicn'cs  thatsudi  a  claim  is  con- 
trary to  t!ie  essential  nature  of  the  constitutional  relations  l)et\vecii  tiie 
rresident  and  the  Senate  on  such  subjects,  an<l  that  it  is  the  reversed' 
the  continuous  practice  in  such  matters  from  the.  commencement  of  tlie 
Government  to  this  time. 

The  principal  points  of  tlie  treaty,  etc.,  that  have  beeii  coiissideredlty 
the  (ionuuittee  in  the  forej?oin«;  stateujent  and  di-scussion  may  l>e  sirni- 
marized  subsiantiallv  as  follows: 


SUMMAHV. 


I.  The  i;nite<l  States  reco<;ni/.c  as  British  territory  ami  iviioiincet'or- 
ever  all  claim  of  independent  right  in  all  the  jifreat  bays  alonj,' the  Hrir- 
ish  North  Ameri(;an  coasts,  named  in  the  treaty,  ami  admit  that  all  siicli 
bays  form  a  part  of  and  are  within  British  territorial  sovereignty  iiml 
jurisdicti'M). 

II.  Of  the  (ew  of  such  great  bays  that  are  left  to  be  visited  hy  Aimn 
ican  Hsherman  the  hw/.or  part  are  understood  to  be  valueless,  and  some 
of  them  are  Kul»ject  to  French  liahery  rights  older  than  ourown.iftlmv 
are  British  bays. 

III.  If  bay  Hsiiing  is  not  i>rolitable  now  it  may  be  in  the  fuiiin 

IV.  Whether  profltable  or  not,  the  (nited  States  ought  not  to  give 
up,  upon  any  consideration  whatever,  the  right  of  its  vessels  of  every 
chariioter  to  vifiit  and  carry  on  buHJuess  in  any  part  of  the  public  seas. 


THE    FISHKRIKS   TRKATV. 


m 


V.  The  treaty  MurrcMKhn-.s  tlie  <!liii in  iiiid  right  of  Ihc  United  States, 
whicii  lias  IxHMi  aetod  ui)()n  and  exercised  tV>r  now  more  than  a  century, 
of  its  vessels  en}>aj,'ed  in  lishinff  or  other  ocenpations  to  visit  and  carry 
on  their  business  in  these  threat  bays,  ajid  tiie  prineipUi  of  which  claim 
ami  rijjht  has  once  l)een  solemnly  decided  aj,Minst  Great  P.rittiin  by  a 
tribiuiid  organized  ninler  a  treaty  with  thai  (rovernment. 

\l.  The  new  area  of  delimination  described  in  the  treaty  greatly  in- 
creases thedanger  of  our  tlshernien  unintentionally  invading  prohibited 
waters,  and  thereby  exposing  them  to  seizures  and  perjalties. 

\  II.  Tiie  treaty, by  its  tifth  artieh',  renounces  any  right  of  the  tTnited 
St;\tes  in  any  bay,  etc.,  however  large,  that "  can  not  i»e  reached  from  the 
sea  without  juissinrf  witlnn  tlie  .'i  nnirine  miles  mentioned  in  article  1  of 
tlic  convention  of  October  20,  1S18,"  thus  excluding  vessels  of  the  United 
States  frnm  all  wateis,  however  extensive,  and  the  distance  between 
vliosc  headlands  is  however  great,  the  sailing  channel  to  which  may 
happen  to  be  within  ."{  miles  of  the  shore. 

\'I1I.  The  treiity  is  a  «'on)|)lete  surrender  of  any  claim  of  a  right  now 
ixisting  eitln'r  under  the  treaty  of  1783,  the  treaty  of  ISIS,  the  ncia  of 
Congress  and  tlu'  IJritish  onb^rs  in  council  of  IS.'JO,  or  tln'  twenty-ninth 
;uti(!le  of  the  treaty  of  1S71,  for  vcss»*ls  of  the  United  States  nigaged 
111  iishing  anywhere  on  the  high  seas,  .ii.d  even  luiving  a  coiumereial 
•liaracirr  also,  to  enter  any  port  of  iJritish  North  America  for  any  com- 
mercial purjtose  wiiatevcr,  and  puts  in  tiie  place  of  tluise  <;l<'ar  rights, 
i^liicli.  in  respect  of  Hiitish  fishing  vessels,  exist  in  the  United  States 
to  the  fuMest  extent,  greatly  restricted  and  conditional  rights  as  arising 
<(>U'\\  from  a  present  gra;jt  of  Great  Britain. 

IX.  It  binds  the  United  States  to  be  content  with  whatever  is  given 
<y  this  treaty  as  the  full  measure  of  its  rights,  ami  to  be  content  with 
'  forever,  or  until  greater  liospitality  and  freedom  of  intercourse  can 
If  oiitained  by  further  ctujcessions  or  considerations  on  oiir  part. 

X.  Ill  the  face  of  all  this  it  leaves  IJritisli  North  American  tishing 
css.ls  possessed  of  all  cominercial  rights  in  all  ilie  p<»rts  and  waters  of 

tiic  I  iiited  States. 

XI.  Whatever  privileges  of  commerce,  hospitality,  or  humanity  are 
tliiis  provided  for  in  the  treaty  an*  to  be  obtained  cnly  upon  condition 
tliat  no  Iishing  vessel  of  the  United  States  shall  ret^eive  any  of  them 
unless  such  fishing  vessel  shall,  under  regulations  of  the  Secretary  of 
the  Treasury  of  the  United  States,  be  branded  with  an  odicial  number 
on  each  bow,  and  that  su  -h  regulation  shall,  before  they  become  effectual, 
btU'oniinnnicated  to  Her  Majesty's  (iovernment. 


4 


38 


THE    FIHHKUIES    TRKATV. 


.MI.  It  ju'ovides  that  ^eiu'ial,  and  even  then,  niucli  limited,  com 
iiKMcial  i;p:hts  an«l  rifjlits  of  tiaiissliipincnt,  as  njeiitioui'd  in  aitide 
tifti'CMi,  shall  be  obtained  only  at  the  jniee  of  exeniptiiif?  all  Ciuiatliuii 
fishery  ]>r<>tliicts  from  onr  enstoni  duties. 

XIII.  Its  i»rovisions  eonceriiiii;;  the  exeiuitivc  and  jndieial  trcalineiit 
of  Anujicm .vessels  and  lisheriuen  that  may  be  seized  or  arrested  for 
snpi'osed  illegal  eondiict  are,  to  make  the  most  of  them,  notliiiij,'  otlicr, 
and  probiibly  somethiu);  less,  than  a  statement  of  what  the,  laws  and 
condnct  ot  any  administrati«»n  of  every  government  j)role.ssiii;;  to  l)e 
civilized  shonhl  a<lopt  and  exereise  as  an  aet  of  duty  and  Jiistiw. 

XIV.  Instead  of  diminishing;  sources  of  irritation  and  causes  of  dif- 
lienlty,  different  interpretations  and  disputes,  it  will,  the  coiimiittee 
thinks,  very  laryely  increase  them. 

Vari(»us  other  suj^^'estions  adverse  to  the  wisdom  of  ratifyiiif,'  this 
treaty  niiijht  easily  be  nunU',  but  the  etunmiitee  »loes  not  tliiiil:  it  ihh- 
essary  to  j^o  into  tluun. 


The  committee  can  not  but  hope,  that  if  these  illadvised  ne;;<)tiatioiis, 
which,  as  is  known  to  all  the  worW,  can  not  pniperly  eonniiil  tii«"'  riiited 
Staten  in  any  <leyree  until  they  shall  have  receive<l  the  constitutional 
as.sent  of  the  Senate,  shall  fail  to  meet  the  approval  of  this  body,  Her 
Majesty's  Government  will  take  measures  to  secnn*  justice  and  lair 
tr«*atniont  in  her  North  Anuriean  dominions  to  American  vessels  and 
Amerieau  citizens,  in  all  res[»ects  and  under  all  circumstinccs,  and 
that  that  (ioverument  will  see  the  justice  and  i»n»priety  of  iKcording 
to  Aineiican  vessels  enjiaged  in  the  business  of  lishiuj^  ail  tiic  "Uii 
mercial  rights  and  facilities  in  her  North  American  ports  tlint  aiv  so 
freely  and  cheerfully  a<'corded  to  her  own  in  the  jmrts  of  tlie  fnitnl 
States,  and  that  thus  the  friendship  and  good  feeling  which  ought  to 
exist  between  neighln»iing  nation^  inn)  be  tJnally  established  and  se 
cured. 

,U/IIN   SUEHMAN. 

Geo.  F.  KoMiNDS. 
Wm.  r.  FitvK. 
Wm.  M.  Kvar'Js. 

J.   N.   JJOLIMI. 

MiiY  7,  1888. 


VIEWS  OF  THK  MIXOIIITV  OF  THF  rOMMlTTFE  OX  FOREIGN 

UFLATIONS 


Ul'ON    THK 


Tieatji  .siyned  on  the  ITi/A  Fihruanj,  1S88, />*/  the  plenipotentiaries  of  the 
United  IStatea  and  Great  Britain,  dintieuting  from  the  report  of  the 
majority  of  that  committee,  tvhich  reoominends  that  the  iSenate  re/'use  to 
advixe  and  eomeiU  to  the  ratijivution  of  said  treaty. 


"il 


Tlic  minority  of  the  Comiiiittt^e  on  Foreiffu  Rolations  dissent  from 
the  report  of  t!ie  majority  rccoimncntliu};  tlui  roJiHition  of  the  treaty 
with  Great  Britaiu  dated  February  l'>,  188S,  and  submitted  to  the 
Senate  for  its  consideration,  and  pre.seut  the  following  as  their  princi- 
pal reasons  for  their  dissent : 

Two  objeciions  to  this  treaty  were  stated  in  commitiee. 

(1)  That  it  luid  been  negotiated  and  signed  by  persons  wiio  were  not 
•liily  emjiowered,  lunler  the  Constitution  and  laws  of  the  United  States, 
to  conduct  and  conclude  a  treaty. 

(2)  That  the  treaty,  on  its  merits,  >lii)u)(l  not  be  r-itified  by  the 
Seii;il.-. 

To  iiH'i't  tln^  hrst  objection,  ,i  member  of  the  minority  of  the  com- 
[mittee  introduced  the  following  resolution: 

Resolved,  That  tlip  treaty  sijjiipil  by  Tln>iii;is  F.  Hay.ud.  William  I..  I'litimm,  and 
I Jiiiii-  li.  An)»e11,  as  nloiiipotputiaries  of  the  United  States,  in  conjunction  with  the 
jitritisli  i)l<«nipotf>ntiarit'^,  on  the  l.")th  day  of  F'elirnary,  18-»8,  ami  sunt  to  the  Senate 
I  l)y  the  President  an  a  treaty  duly  negotiated,  for  the  consideration  and  action  of  the 
[Sdiati',  m  properly  authenticate*!  as  a  treaty  made  by  the  President  of  the  United 
IStates,  acting  within  his  constitutional  powers,  ai.il  is  lawful  and  valid  as  a  negotia- 


Minil. 


39 


40 


THK    KISIIKKIKS    TKEATY. 


Tho  piirnDso  of  this  n'solutiou  was  to  briii^  before  tlio  HeiuUi', indU 
tiiuit  fortii,  the  rui;oiniiuMi<liitioii  of  tlie  roiiuiiittee  as  to  the  tiu'ritsot'the 
treaty,  apart  from  any  i-oMateral  matter  n^hitiii)^  to  the  nej:(»tiatioiio; 
the  instrmiM'iit. 

In  committee,  this  resohition  was  laiil  upon  the  tal)1e,an<l  tlH'ivbyanv 
rtHM)inm*'n(lati(Mi  as  to  the  (inestion  it  presents,  in  answer  tit  rhc  llrst 
objeeiion  to  the  treaty,  iw  above  stated,  was  avoided. 

The  minority  o(  thectimiiiitlee  hold  that  it  is  entirely  eompetunt  [\>rii 
majority  in  the  Senate  to  deelare  lluir.  tlie  treaty  has  been  ne;,'(>ti!it('([aiiil 
8i;;ned  in  a  pntper  manner,  and  by  persons dtdy  qualitit^KorotlKMuiseto 
retnrn  ittoth*'  President  as  a  paper  Ihat  dot»s  nut  call  into  exercise  tin 
]H)wers  and  jnrisdietion  of  the  Senate  upon  the  rpu'stion  of  its  rntiticatioii 
by  tln'in.  And,  if  a  majority  in  the  Senate  shall  declare  that  tlu'  treaty 
is  sent  to  the  Senate  by  the  I'residt'nt  and  is  duly  sij:fne<l  and  aiitlii'iiti 
orttod,  or  if  no  objection  to  it  on  that  ground  is  made,  tiicii  tlie  .siil)ji'(;t 
matter  of  the  treaty  is  in  order  and  should  l)e  eonsidcMvd  by  the  Senate. 

It  is  not  disputed,  or,  so  far  aa  the  nndersi;;ned  are  infoi'nuMl.doiiliteu, 
by  any  one  tliat  tin*  Senate  juay  accept  and  ratify,  on  the  part  of  the 
I'nitcd  States,  any  treaty  tliat  tli<'  President  lias  made  with  a  fordirii 
government,  that  he  sends  to  the  Senate  for  ci/n.sidvratioii,  ami  iiiiiy 
waive  any  iidonnality  attendinjj  its  negotiation. 

In  actH'ptin;;'  the  paper  st-nt  t(»  the  Senate  by  the  Presidfiit  as  a 
treaty,  an<l  by  refcrrin},^  the  same  to  its  conunittee,  the  Si'iiatf  have 
virtually  waived  any  itdbrmality.  if  there  is  any,  in  the  ncf^otiatioii 
and  signinfr  of  the  instrutiu  nt,  and  the  nndersi»ned  con<'eivt'  that  the 
wlude  <lnty  of  the  comniittee  was  to  consider  and  report  ii|ioii  the 
merits  of  the  treaty. 

The  nndersi;,'ned  will,  therefore,  present  their  views  upon  tlie  >iih 
Stance  of  the  treaty,  tlrst,  and  will  then  state  the  reasons  tnat  torn 
them  to  the  cimcdusioii  that  there  can  be  no  just  fjround  for  tlio  rejee 
tion  of  the  treaty,  j;rowinjr  out  of  the  manner  of  its  nefiotiatioii. 

If  it  is  better  tor  the  country  that  the  treaty  should  be  rafilifl,  the 
rejection  of  it  for  matters  that  are  merely  formal  or  techii.  .il,  i"  «'• 
grave  an  emer{j;ency  as  is  no.v  presented  in  conn-'etion  with  this  old 
and  hara^siuK  controversy,  would  be  a  serious  injnrv  to  the  country. 

The  nndersifjued  believe  that  it  is  better  for  oui  country  that  the 
treaty  should  be  ratitled,  and  they  are  equally  convinced  that  tlit'<iitire 
class  of  our  people  who  are  actively  en<ra}ied  in  our  Noitli  Atlantic 
fishiiifj:  industry  will  be  benelited  by  its  ratitication. 


THE    FISIILUIES    TKEATY. 


41 


Tlio  tlPHt  article  of  tlu^  treaty  of  181H  is  as  follows: 

Wlierorts  (lillorPtieroH  linvo  iiriMnii  rHHpoctiiiK  flm  lihorty  rluiincd  liy  tlii«  Hiiitod 
States,  for  t\w  iiiliiil>itiint.s  tln'ri-of,  t(i  take.  <lry,  iiiid  euro  ll.sh  on  ctTfaiii  coasts,  bays, 
IuiiIm.  -i,  itiid  crtM'kHor  Mis  Hrilnimic  M,ij(>Kty's  (loniiiiiMUM  in  AiiK-ricii,  it  is  aniftMl  b«- 
twet'i.  h.>lii;;li  coiitnictiiiK  i>HrtifH  thai  the  iiilniliilnnts  oltliKHuid  l^nitfd  StiitcNHliall 
have  tbr«V(>r,  in  cionmioii  with  tln«  Hiil»i<M'ts  of  His  fJritaiiiiic  Majesty,  tin-  iilinrty  to 
take  lisii  of  (*vory  kind  on  tliHt  part,  of  lii<>  HKiidicrn  coast  of  N«\vfoiiiiilIaml  which 
exli  nils  from  ('.  iM' Kay  to  tlu>  Uamoaii  Islamls.  mi  t lie  western  and  nortliem  coast 
of  Xewfoumlliinl  .  from  tlio  Haid  Cape  Ray  to  the  (^uirpon  Islands,  on  the  shoren 
of  tilt'  MandaitMi  islands,  and  also  on  tlie  coasts,  hays,  iiiii  '>vh,  and  creelis,  fron* 
Mom. I  Jojy,  on  tli«  wiiithern  coast  of  l,ahra(U)i-,  to  and  llironuli  ilio  .SliailHof  Uclle 
Isle,  anil  tiieiiee  northwardly,  indetlnit«ly,  aloiiij  the  coast,  withont  prejinlice,  how- 
ever, to  11  -y  of  tho  oxcliisivH  rights  of  the  ilndson  IJay  Coiii|)aiiy.  And  tiial  llic 
Aineriean  lishormcn  shall  also  h  ivo  lihertv  forever  to  dry  and  cnrti  lish  in  any  of  the 
uiiwtflcd  hays,  Iiarttors,  and  creeks  of  lii.  sonthern  part  of  the  coast,  of  Newfonnd- 
laiid  hercahrtvt)  described,  ami  of  tlic  coast  of  liahrador;  hnt,  so  soon  as  the  same 
01  any  portion  thereof  shall  he  settled,  it  shall  not  he  lawful  for  the  said  lishernien  to 
tlry  or  ci.rc  lish  at  snch  portn)n  so  settled  witlnnit  (jrevioiis  a>;rceinent  for  such, 
imrpose  with  the  inh.vliitants,  propriidois,  or  posseHsors  of  the  ^r,(,niid.  Ami  the 
riiitcd  Stati's  iiereSy  renounce  fortjver  any  liberty  hcretoiore  enJoy»'d  or  claimed 
hy  the  inhabitants  thereof  to  take,  dry,  or  cnre  lish,  oi'  or  within  three  niarim-  miles 
ofanyofthe  co  ists,  bays,  creeks,  or  harbi)rs  of  His  Ihitannic  Majesty's  domiirlons 
in  America  not  inclnded  within  the  almve-mi'ntioned  limits:  I'rorhlt'd,  lioiirvcr, 
Tiiiit  I  lie  .American  lishernien  shall  be  admirted  lo  enter  snch  bays  or  harbors  fur 
tilt)  purpose  of  shelter  aiiil  of  ie]»airinj;  damaj^ea  thtnein.  of  [>in-chasiiii^  wood,  and 
of  ohtaininy;  water,  and  for  in)  other  purpose  whatever,  lint  they  shall  be  under 
.such  rcstrictiinis  as  may  be  necessary  to  prevent  their  takin":,  dr\  iiiff,  or  cnrm^  li.sli 
therein,  or  in  any  other  manner  whatev»!r  al>Msing  the  |^rivlle^es  hereby  reserved  to 

tlll'lU. 

Articles  IS  to  2't,  hotli  iiicJiisive,  of  the  treaty  of  1871,  covered  the 
whole  subject  of  tlu^  lisliiiij^  riolits  ami  liberties  between  ti.e  United 
^States  and  the  British  North  American  colonies,  "  in  <((hliti()u'"  to  those 
secured  by  the  treaiy  of  1^18.  :No  other  articles  in  tlie  treaty  of  KS71 
iX'lated  to  the  lisheries,  or  the  rights  of  lisiierinen.  \\  lien  the  L'tiited 
States  abrof-ated  these  article.s,  that  conipleteb"  ended  the  inlhience  of 
tliat  treaty  over  onr  lishiMg  rights.  Article  21)  was  not  terminated,  but 
it  never  had  the  least  reference  to  the  tisiieries  treaty  of  ISIS,  to  enhirge 
its  scope,  change  its  meaning,  or  in  any  way  to  atl'ect  any  right  to  which 
tliiit  tieaty  related.  Vet,  if -that  is  not  the  true  meaning  of  thu  L'Dth 
article  of  the  treaty  of  1S7J.,  this  i)resent  treaty  in  no  way  aHects  that 
article,  and  it  stands  for  all  that  it  was  ever  worth  in  favor  of  our  tish- 
I'l'ineii. 


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Photographic 

Sciences 
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23  WEST  MAIN  STRieET 

WEBSTER,  N.Y.  14580 

(716)  872-4503 


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42 


THE   FISHEUIES    TUEATY. 


t. 

€.EN1:KAI>  statement  of  the  SITIATION  WlllCM  HAS  hMlSELTED  ll^OM 
THE  "  MISlNDEUsrANDlNU"  AS  TO  THE  TlUE  ilEAMNU  UK  THK 
tki:aty  of  I-IH. 

Durinjr  t««neiJt.v  .VfJirs  tlic  ])eoj)Ic  of  tln^  riiitod  States  iiiul  ol"  t!ie 
British  Nortli  Aiiu'vicaii  proviiurs  in  thf  iioitln'ast  irivo  hceii  fre- 
quently «Mi^a{;etl  in  contention  and  dispute,  in  (;ontroversy  and  con- 
tlict,  al>ont  tlie  true  interpretation  of  tlie  lisheries  treaty  of  IhlS. 

The  most  fretjuent  ah«.  serious  disa^reeineats  have  arisen  uucUt  tlio 
prorina  to  the  first  artitde,  which  is  as  foHows: 

Provided,  hmrenr,  Tlint  tli«>  AiiU'ricaii  ri.slii'Miuii  shull  l»f  inliiiittcd  to  enter  smii 
bays  or  'larlioiH  for  tlic  ptiritose  of  hIu'Uit  HiuI  of  rt'imiriii^j  «laiua>{CH  tlu'Hin,  iiml  of 
piiri'li.ishig  wood,  and  of  ohlaininjj  water,  and  for  no  otlier  |mriu,8o  whatever.  Kiit 
they  slnill  l»e  nndiT  sinh  rentrietictns  as  may  l)e  neceHsary  to  provei\t  their  taking;, 
dryinix,  or  cnriiin  tisli  tlierein,  or  in  any  other  manner  .vhatoviir  al)n8iiift  tlie  iirivilfjjcs 
hereby  reserved  to  them. 

This  proviso,  as  it  \v;»s  ])ropo^  'd  l)y  our  nofjotiators,  contained  tlio 

words  ''  and  bait "'  after  the  word  "  water."    These  words  were  striciceii 
out,  with  the  con.sent  of  our  Coninii.ssioners.     The  right  to  obtain  bait 

was  tiius  tinally  disposed  of  as  a  treaty  ri^iit. 

In  this  proviso  the  four  distinct  "i>riviU*^es  hereby  reserved  to" 
American  tisheruien  are  stated  detinilely,  while  "'such  restrictions  as 
may  be  necessary  to  prevent"  theui  iu  any  ui  inner  from  ♦'aitu.Mujj  the 

l)rivih'o;es"  reserved  to  them  are  tiot  defined,  except  iu  the  most  geneial 
terms. 

Ameri<'an  fisiiermen  are  jdaced  "urnb^r  HU(di  restrictions"  with  no 
guaranty  as  to  the  junsdiciion,  v.hether  provincial  or  injpi'rial,  tliat 
slnill  pronmlgate  and  enforce  them  ;  or  whether  tliey  shall  be  declared 
by  legislative  authority,  or  administered  by  executive  authority  or  by 
the  judiciary. 

It  was  contemplated  in  this  treaty  that  further  definitions  on  the.se 
delicate  ipiestions  should  be  settled,  either  by  the  future  agreeineiit 
of  the  treaty  powers,  or  that  Great  Britain  should  choose  the  triluniuls 
that  wouhl  declare  and  enforce  these  "restricjtieus"  against  American 
fishermen,  subjecit  only  to  the  requirement  that  they  should  be  "such 
restrictions  as  nniy  be  necessary  to  prevent  their  taking,  drying,  or 
curing  fish  therein,  or  in  any  other  mauuer  wbatever  abusing  the  privi- 
leges hereby  reserved  to  them."  ~ 

That  controveriiies  would  arise  uuder  this  uncertiiin  definition  of  the 
power  to  prescribe  restrictious  t^  our  flshermeu  iu  the  eiyoyuieut  of 


THE    FISHERIES    TREATY. 


43 


Iiositivi'  treaty  rifjlits  was  hh  ctirtaiu  in  isiS  as  sovoiity  .years'  expt'ri- 
oiici'  lias  jtroveii  it  to  bo,  in  an  unCortnnato  history. 

It  was  i)rol)al>Iy  cxpect^'d  in  1S18  that  the-  ^jood  sense  of  the  people 
a):tl  tin'  j:oo(l  will  of  their  (lovernineiits  wonhl  enable  them  to  arrange 
tlicsc  iinleflnfte  "restrietions"  by  i>rece<leiit  and  actciniescenee,  and  thus 
;iil()|t'  ;i  series  of  re;;nlations,  the  justice  and  i)ropriety  of  which  .lii 
would  atlinit.  But  such  iiopes,  if  they  were  entertain*Ml,  have  been 
tlisappointed,  and  the  eajjer  rivalry  tiiat  a  very  lucrative  employment 
has  stimulated  has  involved  the  people  ani'i  their  (lovernments  in  <lan- 
•"Toiis  controversies  as  to  the  "restrictions"  that  were  left  without  ac- 
(•iii'ate  definition  in  the  proviso  to  the  flist  article  of  the  treaty  of  1S18. 

KH'trts  have  been  made,  that  were  for  a  time  su(;cessful,  to  compose 
tlipsc  and  other  troubhsonic  <iuestu>ns  yrowin;;  out  of  article  1  of  the 
treaty  of  1818,  by  new  treaty  arrangements  relating'  to  the  lisheries  iu 
Diitish  waters  on  tlie  northeastern  coasts. 

In  the  treaty  of  18a4  the  fe|;ose  of  these  questions  was  secured  for  a 
tiiiii  for  the  consideration  ofa  liberal  rei'iprocity  extending;  to  a  variety 
(it  subjects.  The  ri«;ht  of  the  free  navi;javion  of  the  St.  liawrence 
Hi'er  was  indudi d  in  that  reciprocal  agreement,  and  was  umde  per- 
petual by  the  reciprocity  tn-aty  of  1871. 

Ill  the  treaty  of  )87l  we  ajfain  pur  these  questions  to  rest  for  a  time 
by  the  promise  of  enou};h  nu)ney  to  e(p!,di/e  rhe  possilih^  advantajjes  of 
ill'' Canadian  and  other  tisheries  over  those  on  our  (u>ast  north  of  iilP 
iiiirtli  latitude.  • 

Neither  of  these  arranjienienta  proved  satisfactory  to  us  as  to  the  tish- 
iries.  and  they  were  terminated  by  the  Unitetl  Slates. 

Ill  addition  to  these  ettorts,  our  diplomatists  have  employed  every 
ai;;iiiiu  nt  that  seemed  possible,  throu;;h  many  years  of  laborious  cor- 
resi»)ii(lence  and  conference,  to  tind  a  jiround  of  mutual  undt-rstandin^ 
iiiul  consent  as  to  the  true  inter|)retation  of  the  treaty  of  1818, 

Without  attemi)tinj;  to  state  all  the  cases  of  waininfjs,  seizures,  fines, 
Hill  coiiiiscaiions,  of  searciies  ami  <;aptures  and  other  rigorous  api»li- 
tatioiis  of  "restrictions"  that  have  been  visiteil  upon  our  lishermen, 
it  is  painfully  true  that  they  have  been  very  uum^'rous,  frequently  very 
iiKj,M'avated,  and  have  caused  our  fishermen  }freal  expense  and  serious 
liisws. 

Kverv  Iniuing  season,  when  the  reciprocity  treaties  were  not  in  force, 
liiisadiled  to  these  coaiplications  and  rendered  their  solution  more  dif- 
ficult. 


■  -m 


44 


THE    riSHKUlKH    TKEATV. 


Tliat  very  little  profjre.ss  has  Ihhmi  made  in  roachiiij;  a  coininon  basis 
of  a;i:reement  in  the  solntion  of  these  eontentions  and  eonllicliiig;  con- 
structions of  the  proviso  in  article  I  of  tlie  treaty  of  181.S,  or  id  ro- 
spect  of  the  headland  theory  (which  is  based,  as  we  understand,  upon 
the  laji};ua<;e  of  that  proviso  and  the  preceding  parts  of  that  section, 
and  not  upon  the  principles  of  international  law),  is  api»;irent  from  the 
citations  i)f  cases  that  have  arisen  since  1818,  presently  to  be  made. 

Instead  of  a  nearer  approa(di  to  such  iin  undeistanding  as  to  a  true 
and  mutually  acceptable  construction  of  the  tlrsr  article  of  the  treaty,  a 
wider  diverjieuce  of  opinion  and  a  more  det<Mrnined  contention  liave 
characterized  the  diplomncy  of  both  tlie  treaty  jiowers. 

We  seem  now  to  have  reacdu'd  a  point  where  we  must  seek  to  allay 
the  }ifrowin<;  bitterness  of  these  differences  by  a  friendly,  sincere,  and 
mutually  respectful  consitleration  of  the  positions  assumed  by  each  Gov- 
ernment, or  else  we  must  enforce  our  views  by  vigorous  measures  of 
retaliation. 

It  seems  to  have  l»ecome  necessary  to  make  such  modirtcations  of  that 
treaty  as  are  su<>,t;<"ted  by  our  changed  commercial  relations  since  ISIS, 
and  also  by  our  metho<ls  of  fishing  with  purse  seines  and  of  presorvinj,' 
fish  in  ice  and  SiU)w,  which  have  grown  up  iiito  almost  entirely  new 
systems,  jvith  new  attending  waids,  in  the  past  thirty  years. 

The  gradual  abridgment  of  our  right  to  land  and  cure  fish  on  the 
shoi'es  of  the  British  possessions,  as  the  country  along  the  shores  should 
become  populated,  was  i)rovided  for  in  the  treaties  of  1783, 1818,  1854. 
and  1871.  This  feature  in  a  treaty  is  thought  to  be  entirely  novel.  It 
relates  to  a  future  expected  change  in  the  condition  of  the  then  unin- 
habited coasts  of  British  Auterica.  It  certainly  suggests  in  a  forcible 
way  that  it  was  contemplated  that  future  mod.tieations  of  the  treaties 
would  be  necessary  to  meet  these  changed  conditions  when  they  should 
occtir. 

The  progress  of  civilization  on  th<'  Xorth  American  continent,  with 
the  necessary  increase  of  (;ommerce  and  of  improviMuent  in  every  in- 
dustry, has  wrought  changes  in  the  condition  of  the  people  which  have  | 
demanded,  from  time  to  tinu\  changes  in  tlie  treaty  relations  of  the  ad- 
joining countries  that  were  indispensable. 

The  right  of  navigating  the  Mississippi  and  8t.  Lawrence  Rivers,  as 
now  agreed  upon,  is  a  most  forcible  illustration  of  this  necessity  for  an  | 
international  policy,  modified  by  international  agreement,  that  will  |Uo-| 
vide  for  the  mutual  wants  and  idvaiitage  of  these  adjoining  countries; 
as  thv?  occasion  demands. 


BBRSl 


THE    FISHEKIKS    TRKATY. 


45 


All  iiitlexiblo  adliereiKM?  t»»  tho  literal  constriKJtion  of  ancient  agree- 
iiK'iits  that  have  become  too  narrow  for  the  convenieiiee  of  either  ooim- 
try,  wliether  it  results  from  national  Jealousy  or  cointnereial  rivalry, 
creates  an  incubus  upon  the  projjress  of  the  communities  eoncerned 
that  is  (lerojjatory  to  those  wlio  refuse  to  yield  their  prejtuliees. 

Mr.  Hiiyard,  in  presentinj;  to  the  consideration  of  the  IJritish  Gov- 
onniHMit  the  reasons  for  a  more  liberal  interpretation  of  the  treaty  of 
1818,  and  for  an  enlaruenient  of  the  privileges  of  our  tishermen  in  the 
colonial  ports,  strongly  urged  the  necessity  for  this  relaxation  of  the 
strict  and  literal  construction  placi'd  by  that  Government  on  that  treaty, 
liecaiise  of  the  growth  of  the  comnu'rcc  of  both  countri.'s,  the  building 
of  vast  lint's  of  railways,  the  increase  of  population,  the  eidarged  de- 
iniiiul  Tor  the  prodiu;ts  of  the  tisheries,  an<l  the  more  intimate  commer- 
cial ami  social  relation.s  of  the  people. 

SiK'li  consideratio'.is  demand  candul  attention,  and  are.  of  themselves, 
siillicient  reasons  to  iiulnce  both  (Jovernments  to  lay  asi«U'  prejinlices 
and  resentments,  and  to  induce  their  people  to  cultivate  fri«Midly  rela- 
tions, rather  than  lo  put  their  welfare  at  uazard  by  fostering  ill-will 
towards  each  other,  resulting  in  eoniinual  strife. 

Tosliow  the  very  serious  results  of  a  ditierent  poli<'y,  the  niulersigned 
luvscnt  the  following  statement  of  oases  that  have  arisen  out  of  tho 
contlioting  views  as  to  the  nieaning  of  the  first  article  of  the  treaty  of 
MS.  It  is  probably  far  short  of  the  full  list  of  cases  that  have  actually 
(KTiined,  but  it  is  large  enough  to  disclose  the  fact  that  wide  and  seri- 
ous dilU'rences  have  existed  since  1810  in  the  interi)retation  of  that 
treaty,  attended  with  complaints  and  remonstrances  and  protests,  fol- 
lowed by  diplonnitic  correspondence,  and  at  times  threatening  the  grav- 
I'st  c()iise(piences  to  the  peace  of  the  two  countries. 

hi  all  the  long  list  of  cases  that  are  here  referred  to  oidy  in  one  case, 
that  of  The  Wasliington,  seized  for  fishing  in  the  Bay  of  Fundy  in 
18t.i,  has  any  reparation  been  made  for  any  wrong  done  our  tishermen 
miller  the  treaty  of  1818. 

Keparation  was  not,  indeed,  deiminiled  in  any  such  case  until  1886. 


Lift  of  canes  above  nt'cired  to. 
1.  Juno  WG,  iHtW,  L'Orient  seized,  tukuu  to  .'it.  Joliu,  aud  cuudoiuufd  September  14, 

•■  In  \&^i,  Chiirlea  of  York,  Miiuie,  seized  by  the  Argus  aud  taken  into  port  for  trial. 
3.  July  18, 1824,  GaUiou  seized,  taken  to  St.  John,  and  condemned  Ang'ist  IG,  1824. 
<  bily  18,  1824,  ll'illiam  Heized,  taken  to  St.  .lolin,  and  condemned  August  16,  1824. 
*  Octol»er7, 1824,  Escape  seized,  taken  to  St.  John,  aud  condemned  November  18, 1824. 


4fi 


THE    KISIIEKIKS    TREATY. 


«>.  Oi'tolMT  7, 1S'2I,  /«'()»•«•»•  Hoi/,t>(l,  tiiki'ii  to  St.  John,  and  foiulemiKMl  N'ovoihImt  l^.  18.M. 
7.  Octoln'tT,  IH'il, 'Nt(«  /<7oif«T  seized,  Uki'U  to  8t.  John,  liiul  couduinued  Novenibor 

18,  1H24. 
f*.  June  I,  IfeJW,  //cro  seized,  tiiken  to  Halifax,  mid  eoiidenmed  Junitnry  2"?,  l*{i). 
U.  November  1,  iSi)^,  Combeiie  seized,  taken  to  Halifax,  and  (Mindenined  January  2X, 

is;i!>. 

10.   May  — ,  l.s;!'.»,  ./<ira  sfizod,  taken  to  Halifax,  and  condeinned  An^tnst  .">,  IH:{<). 
H.  Jnne  I,  l."*:l'J,  ShtUaiid  seized,  taken  to  Halifax,  and  condemned  Jidy  H,  lS:t!). 

12.  May  21),  183'J,  Indei)endence  Heized,  taken   to  Halifax,  and  condemned  Aii;;iist  5, 

IffW. 

13.  May  25,  18;l9,  3fa<juolia  seized,  taken  to  Halifax,  and  condemned  AufjuHt."),  I83!l. 

14.  May — ,  IKil*,  //«»-^  seized,  taken  to  Halifax,  and  eoiidemned  Ani;nsl  .">,  l*!'.t. 

15.  Jnne—,  lt*^\i,  ;>rt/(//e  seized,  taken  to  Halifax,  and  eondemned  July  H,  lH:!'.t. 

Hi.  Jnne  14.  ls;W,  IJifiltr  Allii  >n'iMd,  taken  to  Halifax,  and  eondemned  July  8,  1*11). 
17.  Jnne  II.  18;{9,  EU:a  seized,  takeu  to  Halifax,  and  condeinned  July  8,  1*11), 
IH.  Jnne  — ,  l"*.!".*,  Mny  I'hwer  seized,  taken  (o  Halifax,  and  restored  to  its  owuerH. 
19.  Jnne  2,  ld40,  Vapincaa  seized,  taken  to  Halifax,  uud  condemned  July  10,  1840. 
520.  Jnne  2.  1."'40,  Maiij  seized,  taken  to  Halifax,  and  condemned  July  10,  1840. 

21.  Septoniber  11,  L8U',  Ahnt  seized,  taken  to  Halifax,  and  condemned  December  *\ 

1840. 

22.  September  18,  1H40,  I)ire<fnr  seized,  taken  to  Halifax,  and  eondemned  Decenibii 

8,  1840. 

23.  October  1.  1840,  Octan  seized,  taken  to  Halifax,  and  condemned  December  8, 1840. 

24.  May  C,  1*^41,  P'unutr  seized,  taken  to  Halifax,  and  condemned  AiiKiist  18,  1811. 

25.  May  20,  1841,  7'ifi>  I'i'uikIm  seiz'-d,  taken  to  Halifax,  and  restored. 

2().  S''itteniber  20,  1841,  Mars  si'ized,  taken  to  Halifax,  and  condemned  November  v.'. 
1841.  ' 

27.  September  20,  1841,  Egrel  seized,  taken  to  Halifax,  and  condemned  November  •.', 

1841. 

28.  October  111,  IHH,   'larrior  seized,  taken  to  Halifax,  ami  conlemmd  .Novt  luber  '.K 

1841. 
2".t.  October  i:i.  l-'tl,  //o/>c  seized,  taken  to  Halifax,  and  restored. 

30.  October  !".l,  1841,   l/ai/  /•Votcer  «Mzed,  taken  to  Halifax,  and  condemned  Deceiiibci 

7,  1H41. 

:U.  May  7.  184;i,  l\'iiiihington  seizid,  taken  to  Halifax,  and  condemned  August  1,184:!. 

32.  In  184 J,  AryitH  .seized  by  the  Siilph,  otf  the  coast   of  Cape  Hreton,  when  "fifteen 

miles  ft'om  any  land."     "This  wiw  the  second  seizure  under  the  iie\V  construc- 
tion of  the  treaty  of  1818."      . 

33.  In  1845,  "an  American  tisherman     •    •     »     was  seized  in  the  Hay  of  Fnmly,  at 

anchor  insidfl  the  liftht-hoiise  at  the  entrance  of  Dij^V  Gut." 

34.  In  184»),  "the  seizure  and  tola!  loss  of  several  .\inorican  vessels,"  not  naiiied,  i* 

noted  in  S.  Doc.  22,  2d  sess.,  ;{2d  Congress. 

35.  May  10,  1848,  //j/arfM  sei.MHl,  taken  to  Halifax,  and  oondeiiinod  September  5, 1648. 

36.  May  11,  1849.  Leonidaa  seized,  taken  to  Halifax,  and  con<lemaed  Juno  25),  1849. 

37.  September  14,  1850,  Harp  seize<l,  taken  to  Halifax,  and  condemned  Janiiary'if*, 

1851. 


I 


THE    FI8HKKIEH    TKKRTY. 


47 


miied  Dfcemher 


■innt'd  Dt'ceiiilier 


38  Ocfulier  "29,  1851,  Tiber  nemM\,  lint  tln-ro  is  no  iMfdrination  hh  to  tlio  dtspoHition 

lii:iil*>  of  it. 
:i;i.  .Iiiiu-  lt>,  h    i,  Cora f  Hoizetl,  tiikon  to  St.  .Io'mi,  iiml  coii<lcnm««l  July  tW,  185'2. 
40  .hilyiiO.  18512,  Union  seized,  tnkon  to  Cliiirlottofown,  ;in<l  coudt'iiinud  Sopteiubor 

•!J,  \-Wl.  ■  ' 

(1.  Auxust  fi,  I'^'i'i,  Florida  Hoizod,  tiikpn  to  Churlottetown.  ,iiid  (>ond«Mnn«d  S<iptorn- 

ber  7.  18r.'2. 
4J.  .Soptcni'ior  11,    lr<.V>,  Caroline   Kiiiiiht  sci/.cd,   taken    to    ('liiirloltt^town,   and   con- 

lU'UlIK'd. 

i;i.  Ill  I'' I'i,  (loldrn  /^</e  d»<tninod  und  tak«Mi  to  Cliftrlott»Mo\vn.  nnd  liberated  on  the 
(iwner  ivcknoM'led^^ing  violHtiuii  of  tiie  treaty  and  that  the  iiheration  wa.s  an 
aet  ot'<'Ion)"ncy. 

II.  Noveinher  KJ,  1H<V.»,  Vicp-Adtniral  Wellosley  reyiortod  that  dnrinp:  the  past  sensou 
1(W  vissels  had  !ioen  hoanled  l>y  the  I'Jritish  ernJHers,  ot"  whieli  i:{l  within  the 
three-mile  limit  had  lieen  warned  onee,  and  1!>  had  hetMi  warned  twi(M'. 

Ill  1870  Mio  following  t'li'Vi'ii  (11)  vessels  wore  seized  und  taken  into 
tlie  provincial  ports,  sonu'  of  w'uieh  wer«^  eondenineil,  while  others,  per- 
liiips,  were  liberated:  .Iiine  27,  WampntiicL-  ((londeinned) ;  Jnno  30, 
./.  //.  Xivl.erson  (taken  to  Halifax);  f\.nf;tist  27,  Lizzie  A.  Tarr  (eon- 
(l(Mimed);  September  30,  .1.  //.  U'om^oh  (taken  to  Halifax) ;  October  15, 
A.  J,  Franklin  {iixkaw  to  Halifax);  Xovendier  8,  Romp;  November  25, 
White  Faicn  (taken  to  St.  John)j  and  S.  0.  Murxhall^  Albert,  and  Clara 
F.  Friend.  '---       ' 

III  January,  1878,  the  Fred.  P.  Frye,  Mary  .If.,  Lizzie  and  Xamari, 
Fdward  E,  Webster,  Williuin  E.  McDonald,  Crettt  of  the  Wave,  B^.  A, 
Smith,  Ilereirnrd,  Mones  Adams,  (Jharlex  E.  Warren,  Moro  Castle,  Wild- 
Jire.  Maud  and  Effie,  Isaac  Rich,  Bunber  Hill,  llonanza,  Moses  Knoiclton, 
11.  .1/.  Rogers,  John  W.  Bray,  Maud  B.  Wctherell,  Neic  England,  and 
Ontario  were  driven  from  Long  Harbor  in  Fortune  Bay  by  the  violence 
of  a  mob,  which  de«troye<l  some  of  tiieir  seines,  and  did  not  agaiu  that 
season  return  to  their  Hshingground.s.  Twenty-two  vessels  were  in- 
eluded  in  tliis  list,  the  interference  with  which  was  made  the  occasion 
of  a  separate  and  important  correspondence,  conductetl,  on  our  side, 
cliieily  by  Mr.  Evarta,  Secretary  of  State. 

The  following  lists  are  taken  from  the  subjoined  correspondence  of 
Secretary  Jiayard  and  Professor  Haird  with  Mr.  Kdmunds,  ciiairman  of 
tbe(!oinmittee  on  Foreign  Relations  : 

Reriaed  litt  of  ve»$eU  iRvolved  in  the  controversy  with  the  Canadian  authorities. 

Departmknt  OF  State, 

JVashington,  .fanuarif'H),  1887. 
J*iR :  Kesponding  to  your  rcqnest,  dated  the  17th  and  received  at  this  Department 
on  tlio  18th  iastant,  on  behalf  of  the  Coiuinittee  on  Foreign  Relations,  for  a  revision 


48 


THE    FISFIEUIKS    TREATY. 


of  tho  list,  hurotofore  fiiriiiHiiod  by  ilii.s  l>o|mrtiuoiit  to  the  votuinitti'o,  of  nil  Ainori- 
can  veHSflls  Hoi/nd,  wiiriiod,  lino.l,  or  <lotiiiii<Hl  by  tho  Citiiiuliaii  <ii(tlioritin8<liiriiiK  ihu 
year  18HG,  I  now  inrloHo  tho  wimo.  .  ;         . 

Every  such  iiiatanci)  is  therein  chronolo^rieiillyenuiiR'nitail,  with  a  statcuietitof  the 
geiiuru!  fnctH  att<Mi(lant. 

Very  respect  fully,  your.s, 

T.  K.  H.vYAKi). 

HOU.  GKOIUiK  F.   EOMITNOH, 

United  Stnfen  Sniale. 


List  of  American  ves^th  seized,  detained,  or  warned  off  from  Canadian  porln  diirinij  the  last 

year. 

1.  Sarah  li.  I'litnam.  Beverly,  MasH.;  ChiirleH  Uaiidoliih,  rnanter.    Driven  from  hnilior 

of  Puluiico  in  sioiin  Maroh  '2'2,  1HS(). 

2.  Jotieph  Slory.  (ilouceNlcr,  Ma»*H.    Detained  by  ciiHtoinR  otlioers  at  IJadilick,  N.  S., 

in  April,  IBS);,  for  nl!ege«l  violation  of  thu  customs  laws.     Uoloasud  after  twuiity- 
four  hours'  detention. 

3.  Selh  Stockhridfli:  Gloucester,  Mass.;  Antone  Olson,  nuister.  Warned  oH'  from  St. 

Andrews,  N.  IJ.,  about  April  [W,  IHSti. 

4.  Annie  M.  Jordan.  Gloiici'ster,  Mass.;  Alexander  Ilnine,  master.     WarnedotVat  St. 

Andrews,  N.  U.,  about  May  4,  IHdG. 

5.  DaridJ.  Adams.  Glonoester,  Mass. ;  Alden  Kinney,  master.    Seized  at  Dijjby,  Nova 

Sc<»tia,  May  7,  1880,  for  allefjed  violation  of  treaty  of  1818,  act  of  .W,  George  III, 
and  act  of  188;i.  Two  suits  brought  in  vice-admiralty  court  at  Halifax  for  iioii- 
alties.  Protest  tiled  May  1'2.  Suits  ponding  still,  and  vessel  not  yet  releuHiil 
apjiareutly. 

6.  Susie  Cooper.   (Hooper?)  Gloucesterf,  Mass.     Boarded  and  Hearcliinl,  and  crow 

rudely  treated,  by  Canu<lian  oftlcials  in  Caiiso  May,  Nova  Scotia,  May,  l^Sti, 

7.  Ella  it.  PoHifhiy.  Portland,  Me. ;  Warren  A.  Doughty,  master.    Seized  at  St.  AniiV, 

Cape  Breton,  May  17,  1886,  fur  alleged  violation  of  the  customs  laws.  Suit  was 
instituted  in  vice-admiralty  court  at  Halifax,  Xova  Scotia,  but  was  subsc- 
qiirxtly  abandoned,  anil  vessel  was  released  June  211,  188<>. 

8.  Jennieiind  Julia.  Eastjiort,  Me. :  W.  H.  Travis,  mastor.    Warned  oil' at  Uigby,  Nova 

Scotia,  by  customs  oflicers,  May  19,  1886. 
1).  Liiri/  Ann.  Gloucester,  Mass.  ;  Joseph  H.  Smith,  nmster.     Warned  oflf  at  Yar- 
mouth, Nova  Scotia,  May  '21),  1886. 

10.  Uattliew  KiUHji.  Gloucester,  Mass.    Detained  at  Sonris.  Prince  Edward  Islaml, 
one  «lay  for  allegtid  violation  of  customs  laws,  abont  May  HI,  18d«i. 

il.  James  A.  Garjield.   Gloucester,   Ma.ss.     Tlireato.ied,    about  .June  1,   188G.  with 
seizure  for  having  purchased  bait  in  a  Canadian  harbor. 

12.  Martha  fV.  ISradly.  Gloucester,  Mass.;  J.   F.   Ventier,   master.     Warned  off  at] 

Canso,  Nova  Scotia,  between  June  1  and  8,  1886. 

13.  Elisa  Koynton.  Gloucester,   Mass.;   George   E,   Martin,    mastor.      Warned  off  at 

Can.so,  Nova  Scotia,  between  Juno  1  and  9,  188t).     Then  afterwanls  detaiiutl;; 
in  manner  not  reporte<l,  and  released  October  *25,  1886. 


1 


THK    FISHKUIKS    THKATY. 


-   49 


i  atutfUientof  the 


T.    1'.    ItAYAKl). 


)orla  duriiiij  fhc  lant 


Driven  from  linrlior 


,.,l.)tffttUigb.v,Nt'va 
,V;iriiea  oflf  at  Yur- 


„,..     Waruod  off  at 


14.  MiiHrol.  (tloiii'<'Mti'r,  Mum.;  Aloxaiidor  MiiKuflifrii,  iim.stor.     W;iriit'<l  otl'  at   Port 

AtiiliorNt,  Mii|;<liiliMi  InIuiiiIh,  Jiiiio  10,  IH'^ti. 

15.  Thoina*  F.  Haj/urd.  (tlonctcHftT,  Muhh.  ;  Jhiih'n  McDonald,  niivstiT.     Warned  otF  at 

M(in'ii<  Hiiy,  Nowloiindland,  Jniio  I'-i,  IHHCi.  '    • 

Iti.  .Iame«  <l.  (■rtiifi.  Portland,  M<>. ;  \V)<ld««r,  nnintor.  Crew  rofnsoil  privilo^o  of  land- 
iiii;  for  nt'CfssaricH  at  t'rooklyn,  Nova  Scotia,  June  !■')  or  l(i,  H^n, 

17.  Cihi  rohil,  Portland,  Mi<. ,  Kot-ni-,  inaNtfr.  Di-taincd  at  Shidltnrnc,  Nova  Scotia, 
July  2,  IHH»},  for  alicKed  vi<dati<Mi  of  cnMtonis  laws.  Penalty  of  :jl4(K)  de- 
iriaiidcd.  Monoy  dcpoHitcd,  nnder  prott'Ht,  .Inly  I'i,  ami  in  addition  $120  costs 
il>'|MiMit<>d  .Inly  M.  Fine  and  co.itM  refunded  Jnlyil,  and  vessel  released  An^HHt 
'Ji).  Harbor  does  e.\acted  An^^nst  'H't,  notwitii8tandin>;  ves.sel  had  been  refuHed 
all  tlie  |)rivile>.;es  of  entry. 

ii  ('.  /'.  Hdrniiijton.  I'oitland,  Mi'.;  Knllick.  niaslir.  Detained  at  .Sludbnrne.  Xova 
.Scofni,  .Fnly  :<,  iNStJ,  for  alle^xd  viidati<ni  ofcnstonis  laws;  tlned  !§400  Jnly  5; 
line  deposited,  nnder  ]irotest,  .Jnly  18;  ^t'.iO  costs  depo.sited  Jnly  14;  refunded 
, I  Illy  'i\,  anil  vessel  released. 

1,1.  Ilenwanl.  Gloncester,  Mass.;  McDonald,  master.  Detained  two  days  at  Can»o, 
Nova  Scdtia.  abont  .Inly  ',\,  l"^8t'>,  for  sliippiny;  scanien  contniry  to  port  laws. 

JO.  (1.  >r.  CnHliiinj.  Portland,  Me.;  .Icwctt,  master.  Dotaimd  ,Jnly  (by  another  re- 
port. .June)  :l,  lS?«ti,  at  .Shelbnrne,  Nova  Scotia,  for  alleged  violation  of  the  cu9- 
toiiitlaws;  Imed  jllOO;  money  ileposited  with  collector  at  Halifax  abont  Jnly 
\i  or  M,  and  i^l'iO  for  costs  depositetl  141b  ;  costs  rofnnde<l  .Jnly  21,  and  vessel 
n'lciised. 

11.  (lolilrii  Hind,  (iloucestei",  ^^a8s. ;  Rnben  Cameron,  master.  Warned  ott'  at  Bay  of 
Chalenrs,  Nova  Scotia.  <»n  or  about  .July  'S.i,  IH-^ii. 

,'•,'.  SiiveUn.  Portland,  Me.;  H.  A.  Joyce,  nuister.  Warned  otT  at  Picton,  Nova  Scotia, 
.lune'2l»,  IH8»»,  where  vessel  had  entered  for  coal  and  water;  also  refused  ea- 
Irunre  at  Amherst,  Nova  Scotia.  Jnly  84. 

■Jo.  .V.  ./.  Millir.  Hooth  IJa.v,  Me.;  Diiikson,  master.  Detained  at  Hopewell  Capo, 
N't'w  Krnnswick,  for  allejjed  violation  of  customs  laws,  on  July  84,  188(5.     Fined 

:1.  Uattlei:  (iloncester,  Mass.  ;  A.  F.  Cunnint!ham,  n. aster.  Warned  off  at  Canso, 
Nova  Scotia,  June,  ^^S().  Detained  in  port  of  Shelbnrne,  Nova  Scotia,  where 
vcHsel  entered  wekin;;  shelter  Anj^ust :?,  l8St>.  Kept  under  jjnard  all  nijjht  and 
released  (mi  the  Uh. 

J.'),  (iifoline  I'ouijlil.  l$oolh  May.  Me.;  Charles  S.  Reed,  master.  Warned  off  at  Pas- 
pebiac,  New  Hrunswick,  and  ri'fuseil  water,  August  4,  IrtSO. 

J'i.  Shiluh.  Cloucester,  Miiss. ;  Charles  Nevit,  nuistt>r.  IJoarded  at  Liverpool,  Nova 
Snotia.  AuKUst  U,  and  subjected  to  rude  surveillance. 

•'?•  hiHa  KUeii.  Uootli  Hay,  Me. ;  Hurnes,  master.  Boarded  at  Liverpool,  Nova  Scotia, 
Aiijiust  H,  1H"^(!,  and  subjected  to  rude  surveillance. 

'i  I  irddie  If.  AlUon.  Provincetinvn,  Mass. ;  AUton,  nutster.  Boarded  at  Liverpo(d, 
Nova  Scotia,  Anj{ust  l>,  1881),  anil  subjected  to  rndt>  surveillance. 

'J9.  Iloieard  Ifolhrook.  Gloucester,  Ma.ss.  Detained  at  Hawkesburj;,  Cape  Breton, 
Aii(rnst  17,  1H8«),  for  alleged  violation  of  the  cnstotus  law.s.  Released  August  20 
on  deposit  of  $400.     Question  of  remissiim  of  Hno  still  pending. 

S.  Mis.  lOi) 4 


50    -  THE    KISIIF.UIKH    TUKATY. 

;U).  .1.  li.  CritltiKhu,  (JloiicoMttM,  MiiHM. ;  Mnin,  iiiuHhT.  DclniiKMl  iti  IIiiwkt'Hliiir.r 
Nova  Rrotiii,  AiiMUst  "JT,  Ihh!,  lor  iill«<>{t'il  Nioliition  of  niNtonm  Iuwm.  Four  liiiu- 
ilri'il  iliilliirN  )itMiulty  iU>i»o  itod  AnuiiHt  'ir*  without  protont,  luul  veMsol  rdpnwit. 
'I'liifK  hinxli'ol  anil  Hcventy-ilv*  dolliirN  ri-iiiittril,  niul  a  iioiniiial  lino  of  ;«■.':>  jm. 
)iimi-)l. 

ni.  )ti>llii  iiluiUM,  (Jl<iur«'stiT,  MiiM.-*. ;  Solomon  .TurohH,  niiiNt«>r.  Wiiriicd  olV  into 
sftirni  Iroiii  Straits  of  Canso,  Nova  Scotia.  Au><ii.sl  :U,  l*'<(i. 

;\'i.  HiiililiiHti  l.iijhi.  WflKlci't,  MaHH. ;  J.  II.  Itytlfr,  niiirttnr.  Sei/.i'd  oil'  KuMt  I'olnt, 
PriiK-e  Ktlward  Island,  St^ittiiiiibvr  1, 188({,  wliiht  tlHiiin^  within  proliiliitcd  line. 
Suit  foe  furtVitnre  hc^nn  in  vit'i*-adiniralty  court  at  Cbnrlottutowii.  ||<>aiiii^r 
»»>t  for  8f|it«'ml»«*r  *2(),  but  po.stpoiu'd  to  SfptcnibtT  HO.  Miinter  adnsittcd  fhc 
I'iiaiy.tf  and  <;oiif«-8s»'d  Jiid^inriit.  V«'swd  coudfinnod  and  sold  Doct'rnlM'f  11. 
Pnrcini.Hi'tl  by  ("atiadian  (Jovervinont. 

'M.  /V«)7  A</*(>M,  I'rovini't'town,  Mniw. ;  Ki-mp,  master.  iN'tMiinil  at  Aritdiat,  Ciiiic 
Hntt'U,  S«!ptenilM'r  H,  iHtti,  for  alli<Ki'<l  violation  of  custotuH  lawn.  Uclcuscd 
Sc'pti'nilxr  •»,  on  dipoNit  of  :?'J(l(t.     P<>poHit  ndnndod  OctolMsr  tit),  IrtWi. 

34.  f'iiiiictv,  Glon.i'Hter,  Mara. ;  F.  F.  Cruched,  nmntfr.  W:irn«'d  olf  at  Caiino,  Nova 
Scotia,  Scjitcinhpf  9,  lH(*t',. 

a.'j.  Kvrntt  ^/er/,  (Jloncfstcr,  MaNH. ;  Clinrh'sH.  Forhcw,  uiaMlcr.  Detained  at  .Slicl- 
burini,  Nova  Sootia,  Sopt^'inlicr  10,  IrtHti,  for  allt'j;i'd  violation  of  cuHtoiuH  laws. 
Relfawed  hy  order  from  Ottawa,  Snptomlu-r  11,  IHHH, 

3t».  Moro  Ca«'/c,  (iloucestcr,  Ma88.  ;  Edwin  M.  Joyc«',  master.  Dotainod  at  HawkH- 
bury,  Xova  Scotia,  September  II,  1HH<5,  on  charge  of  having  Hnni;;n;i('(l  jjoods 
into  CheHter,  Nova  Scotia,  in  1HH.|,  and  also  of  viidatinj;  ciiHtoniH  Iuwn.  A  de- 
posit of  Sl.fiOO  deinandctl.  Vewtel  di.scbarj^cd  November  29,  IHdti,  on  paynieut, 
by  agreement,  of  *1,000  to  Canadian  (Joveriuuent. 

37.  WiU'unn  I).  /'rti«/f'.i/,  (MoncoHter,  Mawt. ;  J.  E.  (lorman,  manter.    Detained  at  Soinis, 

Prince  Edward  Island,  October  4,  18*^1,  for  alle;;ed  violation  of  cnstonis  lnw. 
Fiiiwl  *400.  and  released  on  paym>>nt ;  i'M't  of  the  tine  reniitti  d. 

38.  Laura  Sai/wnrd,    (Jloneester,    Masn. ;  Me<|eo  Rose,    m:ister.     Kefnsed   |irivile;;e  of 

landin;;  to  buy  provisionn  at  Slielburne,  Nova  Scotia.  October  ;">,  1H.><1>. 

39.  Marion  Grimes,  GlouceHter,  Mass.     Detained  at  Sludbnrne,  Nova  Scotia,  October 

;>.  for  violation  of  port  laws  in  failing  to  report  at  oiiMtom-houHe  on  entering. 
Finid  1^100.  Money  paid  under  protwHt  and  veswd  released.  Fine  reuiitted 
December  4,  l^HI. 

40.  ./("Hiiir  .S«ir«ii»,  (jloucestor,  Mass.;  .Joseph  Tnpper,  master.     Hef'ist;d  privilej^c  ot' 

landing,  aial  v;;ssel  placed  under  guard  at  Liveri»ool,  Nova  Scotia,  October  20,    J 

■     -      1»|I6.  -.-.••-'  .^'  ■  .  ^ 

41.  Fhiimj  Sriid.  01onci»ster,  Muss.     Detained  for  alleiied  violation  of  customs  laws  at 

Halifax,  November  1,  or  about  that  time,     lieleiised  November  Ki,  H-^ii. 
i'l.  Sarah  II.  Prior,  Itosttm,  Mass.     Hefl!^e(l  the  restoration  of  a  h»st  seine,  which  was 
fouuil  by  a  Cana^lian  schooner,  December  lrt8<j. 

43.  Bort<  (name  uukuowu).  Stephen  U,  Halcom,  master,  Kasfport,  Mo.  Warned  oH  at 

.St.  AudrowB,  New  iJriiuswick,  July  9,  18^U,  with  others. 

44.  Twa  .^mall  boatn  (unnamed);  Charles  Si-iith,  Pembrt>ke,  Me.,  nnister.    Seized  at 

East  l^iiaddy,  New  IJnuiswick,  September  1,  IHHti,  for  allegeil  violation  of  cus- 
toms laws. 


TUE    FIS1IEK1E8    TKEATY. 


51 


t  Hawki'Muiry, 

iWM.    Kixir  liiiii- 

\  OMHcl  ii'loast'il. 

Ill  Uhuof  :il'J.'i  iiii- 

iV'iiriu>tl  (ilV  into 

otV  Kiisl  roiiil. 
I  jiri>hil»itc('.  liiH'. 
i>t<>wii.  Ht>arin)( 
It-r  luliiiittfd  tlif 
(111   DeceiiilMT  M. 

Ill  Ariclmt,  C'ni"' 
(  laws.     Kflfii^ttl 
It),  \m\. 
tV  at  I'aiiHo.  Xiivii 

IVtaiiitMl  at  Sliol- 
1  of  cuHtouis  laws. 

H'tftiiUHl  at  llawkH. 

i>j  Mninjjuli'rt  H»'"'^ 

itonia  lawH.    A  (1<- 

188(),  on  paymi-ut, 

UctaiiHMlatSonii^. 
)ii  of  cnHtonis  liiw. 

ttid. 

tii>*eil  i)rivilt'H«  "'" 
r  .".,  \m\. 
ii  Sot>tia,  Oftoli'i- 
I, nine  i>n  entcvinj?. 
,1.     Fiiu-  n'liiittfd 

{..f'lHtMl  iirivilt'h'eof 
Scotia,  OctolHT  -JO, 

of  cuHtoniH  laws  at 

l.nr  It),  H'^'>- 

mt  ti«ii>''.  «1''^''  ^^"^ 

Me.  Warueiloffat 

,uaHt«r.    Spize<1  at 
r..,l  violation  of  ciis- 


i'l.  /)r«<rf  (foroijin  l»nnt).  OIoticp«t(«r,  Miwh.     Scizod,  warnol   o(!",  or  in(il*>Hti>(l  otlxT- 

wisc  lit  Konif  tiihf  priol'  to  SoptfimiKr  (i,  H"«i. 
k;.  Ahliiii  A.  -Snow.  Injury  to  this  vt'8»<'l  has  not  been  n'portwl  to  iho  l)i-]iartuient  of 

Statfi. 
17,  f7f.((  .1.  ThomiiK.   Injury  to  thin  vi-ssrl  lias  not  ln-tii  irportttl    to  tjic  Dipartninut 

of  MtiUe. 
I-.  iri(/<--.lir<iAr.  Kantport,  Mi'. ;    William    Folfv,  inaMter.     Fined  at  L'Etanjj,  Xew 

llninswirk,  iJ7.'>  for  takiii;^  away  lisli  witliont   ufttinj;  a   clraraiic" ;  aijain  No. 

viiiilnT  lit,  iHrtt),  at  St.  (iforjjc,  New  UniUHwiek,  lini'il  yio  for  Miniiiar  ollrnse. 

In  Itotli  i-ixmiH  ho  wim  proceuilin^  to  obtain  elearanceH. 

II.    S.    (.'O.MMIS.SION    III-    I'lSII    AM)    I'iSIIKIUKH, 

WuHhiiujiitu,  l>.  v.,  Fvhruarji  '>,  HH7. 
Siii:  I  foiwanl  herewith,  for  your  inr<irination,  a  copy  of  a  toinnmnieation  from 
Mr.  K.  Hihvaril  Earll,  in  cli^ir;;e  of  the  DiviHion  of  FiHiii-rieN  of  tiiiH  ('oiunuHHion,  ac- 
('(Mii|iiuiiu(l  by  a  liHt  of  New  iMi^laiiil  liHliinjf  vesiHelN  which  liave  been  ineoiivenieneod 
in  tlifir  lisliin^  operatiouM  by  the  ('an:uliaii  aiithoritifN  iliiriti:^  tlie  pa.st  neaHon  ;  these 
liciiii,' ill  ailiiitiou  to  the  \«'s>*i'ls  inentioncil  in  the  r<  vineil  li.-st  of  venm'lM  involved  in 
tliicoiitrovcrny  with  the  Canadian  authorities.  furniHlied  t4»yoiireuuiniitteeon.]aniiary 
•.'i;  liy  the  Secretary  of  Htrtte. 

i'lii' pajierH  containinjj  the  HtatenieiitH  w«'re  received  from  the  owntTH,  inastera,  or 
ii<4riits  of  the  VHHHeU  concerned,  and,  though  not  aceoni|)aiiied  by  atlidavits,  are  be- 
lii'vi'il  to  be  correct. 

\cry  respectfully,  yoniN,  ' 

8PKNCEU  F.    lUlRI), 
,  '  CoMiHinaioner, 

Hun,  (iiciiituK  F.   El)MU.Nl>8, 

(lutirmau  Commiltee  OH  Foreli/n  JMaiiottt,  United  Stales  Stiiate. 


U.  8.  Co.M.MissioN  OK  Fisn  axk  Fi.siikuibs, 

Wanhhujton,  />.  <'.,  Fehnmri/ 5,  1887. 

Sin;  J^oniL'tinie  Hince,  at  your  request,  I  mailed  circulars  to  owni-r.s  or  agent.s  of  all 
N  w  Kiijj;iaud  vcH^elsouiployed  in  th"  fooil-tish  (ishericH.  These  called  for  full  Htatistics 
"ttlii-  vessels"  operations  during  the  year  ISsti,  and,  in  addition,  lor  t>lato:uents(,f  any 
iiniinvenienceM  to  which  the  vesseln  had  been  subjected  by  the  recent  action  of  the 
•  iiiailiaii  (ioveninieut  in  deuyiuK  to  American  fishing  vessels  the  ri;;h!  to  buy  bajt, 
ici*,  or  otiier  suppltnM  in  itn  ports,  or  in  placing  unusual  restrictions  on  the  use  of  its 
liarliors  for  shelter. 

A\riy  lar;;e  percentage  of  the  replies  to  these  circulars  have  already  b(<cn  received, 
tiiil  an  exuiniuuMon  of  sa  uo  shows  that,  in  aiUlition  to  the  vessels  mentioned  iu- 
tlwii'vi.sed  list  transmitted  by  the  Secretary  of  State  to  the  Committee  on  Foreign 
feiiitioiiH  of  the  Unit9«l  States  Senate  on  January  W,  1387,  sixty-eight  other  New 
f"«hiiid  lisbing  vessels  have  been  subjected  to  treatment  which  neiihor  the  treaty 
"f  1818  nor  the  principles  of  international  law  would  seem  to  warrant. 


II 


52 


THK    l'IHIIK«IES    TKKAIV. 


I  inclnnn  for  yiitir  eoiiNitlonitioii  a  llHt  of  thoso  vivshi-Ih,  together  with  it  hrii'f  hIi. 
HtriK't  of  tim  MtiitiiiuMilH  111"  till'  owiioiM  or  iiid.Htt'rs  ri'»iariliii>j  tht»  tiojiimcut  rocoivi'il, 
Tliu  Htat<'iiii!iitK  w«-ri«  not  ti(('Oiii|iiiiiii><l  liv  Htllilavil.H,  hut  arc  ItcliovKil  to  Im' *>iitii'i'lv 
relial)!)'.     Tlic  iiaiiD*  and  aildrcsN  of  tlu*  infontiaiit  aru  givuii  in  omli  iiiHlaiiii', 
Very  ri'Ni>»M  ilnlly,  youis, 

K.  EmvAKO  Kaiii.i,, 
In  vharijt  IiMhIoh  oJ'  Fiiihnir*. 
I'rof.  Si'KXcitH  V.  Maiuh, 

U.  .S.  Comminaioiivr  oj  Fiah  and  ^■'hllcrie^, 


I'ARTIAI,  I,!HT  1)K  VKMSKt.M  IN V<»I,N'KI»  IV  Till'.  KI><IIKIUi:s  <ON TIIOVKIISY  WITH  TIIK 
CANADIAN  ArTIIOIUTIKrt,  KUoM  INKOUMA  iIOX  lUllNISlimj  TO  TIIK  rXIIKI)  .STATKS 
COMMISSI(>VKR   OK   KiaH    >VI>   l-ISIIKUIES. 

[Supplvtiu-utiiii;  It  liHt  triiii.siiiitttHl  to  tlu<  ('otiiiiiKtto  on  I'orvi.ii  ItrlullouH,  L'liitud  SUtrit  Siuato,  b>' 

tliu  PmtKUry  of  HtuW,  Jiiniury  L'«,  18x7.1 

I.  Eliza  A.  Thomtn  (scliooncr).  I'ortlaml,  Mh.  ;  E.  S.  IMolm,  inasttT.  Wrcckfd  pii 
Nova  Sootia  slior**,  ami  iiiial>I»  to  obtain  aHslHiaiicr.  Crew  not  |i(.'rniitttii  in 
lantl  or  tu  Havu  anything  until  ])i'ruiiH.sion  wax  n'ciMvcii  from  captain  of  i'iitt>  r 
Canadian  oIllcialH  plactMl  ){nard  over  iiHli  Havt>«l,  and  every  tiling  nuvimI  tV<ii:! 
wnoii  nari<»vviy  «'H»ai)fd  conlUi-ation.  (From  Mtatunionta  of  C  1).  Tlionies, 
owner,  I'ortiiind,  Mc ) 

'i.  Christina  Kllmnirtli  (Holioonor).  Kantport,  Mo. ;  Jiiincs  KIlKwortli,  iiiiisii  r.  Kn- 
t«'red  I'ort  HastinjfH,  Capo  iiroton,  for  wood  ;  anuliorod  at  10  o'cloiiv,  ami  iv 
porti'd  at  ciiHtoin-lionso.  At  2  o'clock  was  boardod  by  captain  of  cutter  llcctin' 
and  ordiTud  to  wt,  buing  forced  to  leave  without  wood.  In  ovury  liarlMir  en- 
tered wiiH  retiiwd  privilej^e  of  bnyinjj  anytliinj;.  Amhor<>d  under  lee  (»t' lainl 
in  no  harbor,  but  was  eonipelled  to  enter  at  cUHttuu-lKumc.  In  no  two  liurixus 
were  the  fcen  alike.  (From  Htatenjeuts  of  Janit-tt  ElLtwurth,  owner  and  uia.tt<  i, 
Ka«tport,  Mk.) 

3.  Mary  E.  JrAo»/(Hchooner).  Wtdlthvt,  Mjuih.;  Siunui  Lierrio,  manter.     In  July,  1'" 

lost  Heine  otf  North  Cape,  Prince  Kdward  iHlaiitl,  and  not  allowed  to  niiike  niiy 
repairs  on  sliore,  eaunin;;  a  broken  voya^fo  and  a  lonj;  d4day.     Kau  hIioiI  ot  |ini- j 
vi.siniis,  and  Iteiiijjt  denied  privili!i?i'  of  buyin;{  any  on  land,  had  to  obtain  Imiiij 
another  American  veiMel.     (From    h  tatementM   of  Freeman  A.  Snow,  owm'i,j 
Welllleet,  Mosa. ) 

4.  Stoicell  Sherman  (Hchooner),      Provincetown,  Mans.;  S.  F.  Hat«h,  niaHter.     N" 

allowed  to  purchase  nece»Hary  MuppUes,  and  obliged  to  report  at  cUHtoni-lioiist^J 
8ituate<l  at  di.stant  and  inconvenient  places:  ordered  out  of  harliors  in  strus.'ii)| 
weather,  namely,  out  of  Cascunipec  haibor.   Prince  Kdward  IsliMid,  uiiietoi'l 
*  ■  bourn  after  entry,  and  out  of  Malpe<jue  harbor.  Prince  Edward  iNland,  lilti '  'H 

bourH  after  eiilry,  wind  then  blowing  too  hard  to  admit  of  fishing.  Rttiirmd 
Lome  with  broken  trip.  (From  Htatoiuenta  of  Samuel  T.  Hatch,  ovtier  anq 
tuabter,  Provincetown,  MaM.) 


TIIK    FIHIIF.UIES    TKKATY. 


5^ 


liitwl  SUtcR  S..iii\t<>.  by 


lliitfh,  iir.»«l»T. 


Ti,  H'lillir  I.  I'irh  {mcIiooiht).  \V.'lllli't«i,  Muhh.  ;  Oltailinli  I{i«'ti,  iniiHtcr.  « >r(lt  r4Ml  nut 
lit' Mal|MM|iii<,  I*.  K.  I.,  ill  iiiisiiitalil<<  nv*>iiMii>i'  fur  HhIiiiii;,  liavin^  Ium-ii  in  liitrtior 
iinl>  t\vi*lvo  lioiirN.  IttMiiml  :-i){lil  t(i  piirt^linsH  pros  iNioiiM,  ImmuimI  tiMii)t<*riit  (Mia* 
iniii  lioiiHH  at  Port  IIiiwknMl>nr.v,  ('.  I).,  on  Siiti<liiv,  uollnotor  (Viiriiiji;  Mutt  vontel 
\Miiilil  Utiivo  bofoi'M  Moiitlity  nml  Im  would  tlicn'li.v  i<isi>  liiM  Ictt.  (Kroin  Htato- 
iin-iit«  of  Obiwliitu  Kirli,  owner  innl  master,  \Vi<Il(h«it.  Musn.) 

ti,  //(r'/i(( />.  A'irArrfo/i  (Hrln»iiiit«r).  Huotli  Miiy,  M•^  ;  N.  K.  NickiTtnii.  mintiT.  Oi'ca- 
Nintii-il  I'onHJili'ralil)'  cxiikiiso  Ity  Im'mi^  iIimhimI  L'iuikiliaii  liarlmri  to  prtKMire 
cri^w.  ami  <li«taiiiiMl  in  Hpriiix  wliili'  waiting  for  m»ii  to  roine  rroni  Xova  Scu« 
tia.     (From  HtatniiM'UlH  ol'S.  NiokiM'Non  \  Soiim,  owii«*rrt,  Uootli  Hay,  Mt>. ) 

T.  V'ln// /*. //aipw  (Hi'hooiH'r).  WolUliM't,  MaM.-*. ;  I'hoinaHC  K<-iin«ily,  niaxtrr.  Ro- 
liisfil  priviU>};n  of  Inlying  provisioiiN  in  portn  on  Hay  Saint  LHwrcnco,  and  in 
riiii.m'()niMioo  olili^iMl  to  l*-a><>  tor  home  witli  half  a  ('ar<{<i.  Made  li.irlior  nt 
S|i(^|liiirn<*,  ?.'ova  Scoiia,  in  tai-*'  id'  Ntorin,  at  :'>  p.  in  ,  and  niai^tcr  iinnn-diatoly 
KtartiHl  for  unHtoni-lionite,  .'i  uiiIi'h  diitlaut,  niL-tdiiig  captain  of  ontter  Terror  on 
way.  to  Nvtioin  b«  expiaiiicd  tcrand.  On  rutnrnin){,  found  two  armed  iikmi  from 
riittiTim  liiH  voNHuI.  At  7  o'clock  next  morning;  watt  ordcrtMl  to  Hea,  but  re* 
tiiM'l  to  ^o  in  tbe  btMivy  fo^.  At  '.>  o'clock  tlio  fof;  lifted  Hli){litly,  and,  tliongli 
llir  liariiiiifter  was  very  li>w  and  a  Ntonii  iiiiiiiiniwit,  v»iNM<«i  \v%t  forced  to  leavo. 
S  Mill  met  tlic  beavy  Kale,  wliicli  split  .sails,  can.sin^  coiisideraide  daiiiap>.  Cap* 
tain  of  TiTi'or  <lt>iiieil  claim  to  rij^lit  of  riMnainiiiK  in  liarbor  twiMity-fonr  bonrs. 
(From  MtatvnxMitH  of  T.  C.  K«'niiedy,  part  invner  and  iiirster,  Welllleet,  MaHH.) 

K  llihii  I'.  7V(^(f<fA' (Hcbooner),  Cape  I*(irpoim>,  Me.;  J{.  .1.  Nnnan,  nianter.  .July  "20 
I ""*(>.  enteral  I'ort  Latonr,  N.  S.,  for  ^heller  and  water.  Wa.-*  urdered  iiniiie- 
ilialely  to  sea.  (From  statement^  of  K.  .1.  .Nnnan,  owner  and  inaNitr,  Cape  I'or- 
pmsc,  Me.) 

'I  Si'lHr  .V.  Show  (schooner),  Welllleet,  Muss.;  A.  IC.  Snow,  master.  Wum  not  allowed 
to  |iini'li,tse  proviiioni  in  any  Canudi;»ii  ports,  or  to  redt  or  land  and  ship  tisb, 
i'onse<inently  oldij^ed  to  leave  for  lioine  witb  broken  trln.  Not  permitted  to 
iiMiiain  in  portH  lon^nr  tb.in  local  (.'anadian  otHcinlsKaw  lit.  (From  HtatenuMits 
of  .1,  C.  Yoiinj;,  owiiiNr.  Welllleet,  Mass.) 

1'.  Ciirlnide  Sitmiiurt  (sclioi  ner),  WclUlcet,  Mass.;  N.  S.  Snow,  master.  Hefnsed 
privilege  of  pnrcbusin^  proviHioiiH,  wliicb  resnlleil  in  injury  to  voyage.  I'mind 
harbor  reKulatioim  nneertain.  Sonietiuics  could  lemain  in  pint  twenty-four 
liKiiis,  ajcain  was  ordered  out  in  three  hours.  (From  stutenniirs  of  N.  S.  Snow, 
iiwiierand  master,  Welllleet,  Mass.) 

'I  Chnrltn  Ji.  H'liHliiiiijIitn  (schooner),  Welllleet,  Mass.;  ,Je.s'-,e  S.  Snow,  iinister. 
Muster  was  informed  by  collector  at  Ship  Harbor, 'C.  H.,  that  it  he  bonjj;bt 
provisions,  even  if  actnally  necessary,  be  woubl  be  subject  to  a  line  o(  iJlOO  for 
each  olTdime.  Kefused  perniissiou  by  the  collector  at  Sonris,  P.  E.  I.,  to  buy 
inovisions,  and  was  compelled  to  return  home  September  10,  before  close  of 
ti-<liiii){  Heason.  Was  obli<;ed  to  report  at  ciistom-honso  every  time  he  entered 
It  liarbor,  even  if  only  for  shell  r.  Found  no  ri'Kuliirity  in  the  amount  of  fees 
iliiuiuided,  this  bein;^  np|»areutly  at  the  option  of  the  collector.  (From  state- 
iiionts  of  Jesse  8.  Snow,  owner  and  master,  Weillle  -t,  Ma.ss.) 


54 


THE    FISlIKinFS    TRKATV, 


12.  John  M.  /^^// (siliKoiHM),  I'lDvinertdWii,  Msim!'.;  N.  W.  l''r(>«Mii)ui,  iiiiwttT.  DrivtMi 
out.  of  Onlf  of  St.  Lawi-eiu'C  to  avoid  lliu^  of  $400  for  IiiiuliiiK  t^*''»  'no"  in  tlm 
jMirt  nf  MalniMjiu",  P.  V..  1.  Wuh  (li>ni<>(l  all  HiipplioH,  »»xc«?pt  wood  and  water, 
in  Hftnu'  pnrt.  (From  HtatoiiioiitH  of  N.  VV.  Fn^Hiiiiiii,  owner  and  ni.iHtiT,  l»n>v- 
Inretown,  Muhn. ) 

13.  /»7>A//»(rtrli<M)ni'i\  Fustport,  Mo.;  '-Viirrtn  IMilk.  iiiaKtor.     Cloarod  from  Kas()iort, 

May  M,  l-Ni.  iindi-r  n'^iislf-r  for  West  IkIcs,  N.  U.,  to  buy  luirriiiu.  ('(illdior 
rufiisod  to  4!ntt>r  vchh*!,  ttOliii^  captain  that  if  he  bon^lit  tiuli,  wLicli  wen' 
ph-iity  at  tliQ  til!  fl,  the  vesNcl  would  ho  seized.  Heturiied  to  Eastport,  1(  siii<; 
about  a  week,  which  reHulted  in  considerable  lo«8  to  owner  and  crew,  (From 
Htatenuntsof  (inilford  MildicU,  owner,  Faxfjiort,  Me.) 

14.  .thdov   Ixiini  (sclioon'r),    Mroincn,  Me.;  William  C.    Keene,  master.     \Vmh  not  al- 

lowed fo  hhip  or  land  crew  at  Nova  tScotia  ports,  and  owner  had  to  pay  f(ir 
^heir  transportation  to  Maiiie.  (From  Htatementu  of  William  V.  Keeue,  owner 
and  master,  Krenien,  Me.)  ''  ■  ^        .       • 

15.  n''//»aiM  A'enf  (Kchoouer),  rorlland,  Mc. ;  Dani<  I  Kimball,  master.     Not  allo'ved 

to  Hhip  a  man  or  to  send  a  man  aohore  except  for  water,  at  Liverpool,  N.  S., 
niid  ordered  to  sea  l^s .  um  as  watiT  was  olu.iined.  (  From  KtarerMcnts  of  Henry 
Trefetlicn,#ivner,  Peak's  l.sian«l,  .Me.) 

IG.  John  .Vi/"  (sehooner).  Swan's  Island,  Me  ;  W.  L.  .loyce,  master.  ^*iler  iiaviiij,' 
en(ry  fi  es  and  li.ii  I'ur  <lne»  wu«  not  allowed  to  buy  pr(fVi^'iollH  at  Mulpeipie,  1'. 
E.  I.,  and  li;i<l  1.1  rciiirii  lionie  for  same,  iMakiiifj  a  broken  trip.  (l'"rt):ii  state- 
ments of  \V.  L.  .Joyce,  owner  and  nuister,  Atlantic.  .Me.) 

17.  Ana  H.  I'trnre  (sehoomr^  WclUb-el,  Mass.;  .\.  .M.  (lore,  nuister.  Entere<l  har- 
bor tor  shelti-r ;  ordereil  out  alter  "24  hours.  Denied  ri;;ht  lO  purcha.se  tooil, 
(From  statements  of  .*».  \V.  Kemp,  anenl,  Wt-lillei-t,  .Mass.) 

IK  \')W/(aM  C'f^-arc^  (schooner).  WClUleet,  .Mass. ;  P.  K.  Ili.'kman,  nntstei.  Haiishortof 
provisions,  and,  not  bein^  per.iiittedjo  bny,  left  t\>r  home  with  a  broken  voyage. 
Customs  ofiicer  at  Port  Mnljjrave,  Nova  Stoiia,  wonhl  allow  purchase  ot  pro- 
visions for  homewaid  jiassa^^e,  but  nut  to  continue  llshinjj.  (From  ;«ia1tineiits 
of  PaikerK.  Hickman,  owne'i  and  master,  WelWIeet,  Mass.) 

ly.  /-'iviMA- (;.  /fi«7i  (schooner).  Weilt'eet,  .Mass. ;  Charles  A.  (Jorham.  master.    Not  per- 
'        initted  to  buy  provisiiuis  or  to  lay  in  (,'ana<tiati  ports  over  twenty-four  hour.'-, 
(Fmm  staUiiiients  of  Charles  A.  Gorliam,  owncrand  miister,  W'elllieet,  Ma**.) 

20.  Etnmn  O.  CartiH  (schtMUier).  Provincetown,  Mass.;  Elis'.;a  Rich,  master.  Nut 
allowed  lo  purchase  provisioiii-.  and  thereforo  oldij;ed  to  return  home.  (From 
statements  of  Elish  i  Kich,  owner  and  ina.stci,  Provincetown,  Mass.) 

•21.  /'/«-irtr//«  (.schooner).  Welllleet,  Mass. :  F.  VV.  Snow,  master.  Driven  from  harbor 
within  twenty-four  hours  after  onteiin>{.  Not  allowed  to  ship  or  diNehiir(.'e 
men  iimler  penalty  of  ij^ltxt.  (From  statements  <d"  F.  VV.  Snow,  owner  mid 
master,  VVelllleet,  Mass.) 

22.  rA<ir/*« /•'.  J r«i»of/(H<  iiooiier).  VVelltleet,  M)»,ss. ;  Michael  Hurrows,  master.   Captain 
was  ni>t  permitted  to  letit  vessel  or  to  buy  supplies,  ami  wln-n  out  i)f  looil  Int'l 
to  retuin  hmne.     I'onnd  Canadians  dispow-d  to  harass  hiai  and  put  liini  t<> 
tnaoy  inconveiiieueies.    Not  allowed  to  land  seine  on  Canadian  shoro  torpiir-| 
peso  of  repairiii'i  same.    (From  slaleiueiits  of  Miidiael   Mimtowb,  ownor  flU'lJ 
master,  \l'""lleet,  Mass.) 


THE   FISHERIES   TREATY. 


66 


Ki 


'2X  ftcWie  Jfav  (schooner).  Portland,  M«'. ;  I.  Do.. ^hty,  muster.  Not  allowed,  thon<;h 
prnviiltd  with  npiniit  to  tonch  and  trach",  to  pnrchaAo  fresh  Imit  in  Nova  Scotia, 
and  driven  from  harburs.  (From  statemeiitH  of  L'harhis  V.  Giiptill,  owner, 
Portland,  Me.^ 

•Ji.  Mtirijuret  ?.  Smith  (s«hooni«r).  Po;'land>  Me.;  Lincoln  W.  Jewett,  master.  Twice 
compelled  to  return  luime  from  May  of  St.  Lawrence  with  broken  trip,  not  l»e- 
injf  able  to  secure  provisions  tfl  continue  tishin<j.  Incurred  many  petty  incon- 
veniences in  regard  to  customs  re^^ulations.  (From  statements  of  A.  .M.  Smith, 
owner,  Portland,  Me.) 

•.'.").  Klu'te  M.  .ShmV/i  (sch.toner).  Portlanil,  .Me. ;  Kinich  Buljjer,  masttr.  Came  home 
witii  half  fare,  not  beinjj  al)h'  to  jji-t  provisions  tocdiitinui'  (islimjj.  Lost  seine 
ill  a  heavy  gale  rather  *hnn  b.>  annoyed  by  customs  rejjnlatiouj  when  seeking 
slit'Iti-r.     ^  From  statements  of  A.  M.  Smith,  Portlji  id,  Me.)  *    ,      ' 

•,'(').  tannir  A,  Sf  '»«</ (schooner).  Portland,  Me. ;  Caleb  Parris,  muster.  Subject  jto 
many  aiii;  yauces,  and  obliu;efl  to  return  home  with  a  half  fare,  not  being 
able  to  procure  pro'isions.  (From  statements  of  A.  M.  Smith,  owner,  Port- 
land, Me.) 

■JT.  Car/ti'oM /^f// (.Hcbooiu'r).  liootli  Hay,  Me. ;  Setli  W.  Hldridj^f,  master.  Occasioned 
couMdcrabie  expense  by  beinm  denied  rijjht  to  procure  crew  in  Caiiudiau  luir- 
liors,  and  detained  in  sprinij  while  waitinjj  for  men  to  come  from  Nova  *icotia.. 
(i'roiu  statements  of  8.  Nickerson  «&  Sons,  owiurs,  Hooth  liny,  Me.) 

",'•'.  Ahhie  M.  Deeriiifj  (Hchmmi'r).  Portland,  Me.  ;  Emory  Gott,  master.  Not  being  able 
to  procure  provisitins,  oblij^ed  to  retu''n  home  with  a  third  uf  u  fare  of  uiackereL 
(From  aiaCements  of  A.  M.  Sinitli,  owner,  Portland,  Me.)  , 

'i9.  Coin  l.oiiha  (schooner).  Rootli  Ibiy,  Me. ;  Oiied  Harris,  master.  Could  get  no 
provisiims  in  ('anadiau  ports  and  bad  to  return  home  liefoie  getting  t'ull  fare  of 
tiNJi.     (Fioiii  statements  of  .S.  Nickerson  &  Sons,  owners,  Booth  Bay,  Me.) 

30.  /■'5e«  Zia/e;  (scho«mer).  North  Haven,  Me. ;  K.  (}.  Babbidge.  master.  Not  |»erinitted 
to  liny  bait,  ice,  or  to  traiie  in  any  way.  Driven  out  ot  harbors,  and  unreiison- 
able  restrictions  whenever  near  the  land.  (From  statements  of  R.  G.  Babbidge, 
owner  and  master.  Pulpit  Harbor,  Me.) 
(7i((»7f'«  Hiifkell  ^s«dlooner).  North  Haven,  Me.;  Daniel  Thurston,  master.  Obliged 
to  leave  (lulf  of  St.  r>awreui'e  at  <'onsi(ierablc  loss,  not  Ix'itig  allowed  to  buy 
provisions.     (Fnmi  statements  of  (,'.  8.  Staples,  owner,  North  Haven,  Me.) 

iyHUe  /'(irtmaM  (schooner).  North  Haven,  Me.;  William  H.  Banks,  master.  Unable 
to  get  supplies  while  in  Gulf  of  St.  Lawrence,  which  necessitated  returning 
Immc  at  ^reat  loss,  with  a  liroUen  voyage.  (From  statements  of  William  H. 
Banks,  ownei  and  master,  North  Haven,  Me.) 
y.  I).  I).  Ctytt  (schooner).  Portland,  Me. ;  J«<lin  K.  Craig,  iHiwt^'r.  Being  refused 
privilege  of  touching  at  i>  Nova  Scotia  port  to  take  on  resident  crew  already 
engaged,  owner  wiw  obliged  to  juovide  passage  for  men  us  Portland,  at  cou- 
nitlerable  cost,  canslii};  great  l»«s  oi"  time.  C'.om  statements  of  F.  H.  Jordan, 
«wuer,  Portland,  Ma.) 


:il. 


;«. 


m 


56 


THE    FISHERir.S    TREATY. 


34.  (rood  Templar  (hcIiooihm).  Portland,  Mc  ;  Elia.s  Tivrltoii.  miMtor.  Toiiclied  af  hn 
Have,  Novn  Scotia,  to  take  ou  crew  alrciuly  on^ajjt'il,  luit  was  refitsdil  piivilejje 
an<l  oi'rtiTotl  to  procBod.  TIk  iiku  bi'injj  iMilisponHahlo  t<>  voyajio,  lunl  tiioiii  de- 
li vered  on  board  (»iitNido  of  tbree-liniit  by  a  Nova  Scotia  boat.  ( From  Htatc- 
incutH  of  Henry  Trefetheu,  owner,  IVak's  Island,  Maine) 

3'>.  l-jddie  Dariihon  (sclioonerV  WfliiltH'*.  Mans. ;  John  D.  Snow,  nt.'iNtfr.  .Tnne  15 
1HH«),  touclu'd  at  Cjipt*  Island,  Nova  Scotia,  bnt  was  not  jM-rniittcd  to  take  on 
part  of  crew.  Hoarded  by  cnHtoms  ottlcer  and  omered  to  Nail  within  t'.vcitv- 
fonr  hours.  Not  allowed  to  bny  food  in  ports  on  (Jnlf  of  Si.  Lawrence.  (From 
HtatementH  of  John  1>.  Snow,  ownnr  and  nci.tter,  Welltleet,  Mass.) 

36.  Alicfi  1\  Iiii(jg\n»  (schooner^   Welitieet,  Maaa  ;   Alviii  W.  Cobb.  inaMtcr.     Iirivcii 

from  harbors  twice  in  stretw  of  weatlier.  (From  statoments  of  Aivin  W.  Cobb, 
manter,  Welllleet,  .Mas.s.) 

37.  Cyxoswre  (schooner).   Hooth  Hay.  Me. :   L.  Hush,  nnvster.     Was  obliged  to  return 

h<».ne  be  "ire  wcnrin};  a  full  carsjo,  not  beii.j;  jieriiiittcd  t-)  imrcliase  i)r(ivisi()ns 
in  Nova  Scotia.     (From  Htutenieut«  of  8.  Nickerson  «&  Sons,  owner.s,  Hootli  Buy. 
-     Me.) 

38.  Xaiad  (schooner).   Lnbec,  Me. ;    Walter  Kennedy,   master.      I'lesented  frontier 

license  (heretofore  acceptable)  on  arriving  at  St.  Oeorjje,  N.  n.,  init  eollector 
wemld  not  reeojiiii/,*' sanie  ;  was  compelled  to  return  to  Eastport  and  clear  un- 
der register  before  being  allowed  to  imrcbiise  In-rring.  thus  losing  one  tri|i, 
'From  statements  of  Walter  Kennedy,  master    l.iibec.  Me.) 

39.  [yOiiisa  A.  (f'ro«^  (schooner).  Provimetown,   Mass.;   .loscpli    Hateh,   jr.,  master. 

Took  permit  to  tonch  and  trade;  arrived  at  St.  I'ett-r's,  Cape  Ibiton,  in  after- 
noon of  May  ID,  1H86;  enteri'd  and  cleared  according  to  law;  was  obliged  to 
take  inexperienced  men  at  their  own  i)ri«'<  s  to  complete  ffshing  crcv.  to  get  to 
sea  before  tbe  arrival  of  a  .seizing  otbcer  who  had  started  from  Straits  of  Canso 
at  ')  o'clock  same  afternoon  in  search  of  vessel,  h.aving  been  advised  by  tele- 
graph  of  the  shipping  id'  men.  (From  statements  of  .Joseph  Hatch,  jr.,  owner 
a»id  master,  Provincetown,  .Mass.) 

40.  Lottii'  K.   IfophvH  (schooner).    Vinal    Haven,  Me.;    Emery  .1.    Hopkins,  master. 

Kefnsed  permission  to  buy  any  article  of  food  in  Cuiiadiaii  )i(irls.  Ohlained 
shelter  in  harbors  only  by  entering  at  cnsfmn-lumse.  (I'roni  statement  of 
Emery  .J.  Hopkins,  owner  and  master.  North  Haven,  M<'. ) 

41.  /•Vorirtf  F.  .ViVAc'Ttow  (seliooiier).  Chatham.  NSass.;  Nathaniel   E.  Eldridgf,  iniistir. 

Engaged  fishtToien  tcr  vessel  at  Liverpotd,  Nova  Scotia,  bnt  a<tion  of  Canadian 
Government  iienssitatrd  the  paying  of  tiieir  transportation  to  the  I  iiitid 
States  and  loss  of  time  to  vcshi]  while  awaiting  their  arrival;  otherwise  wonld 
have  called  for  theui  on  way  to  tishing-gnninds.  Hutnrning,  toiiclitd  at 
Eivcrjiool,  bnt  immediately  on  anchoring,  Canadian  olhcials  came  'ilioard  and 
refused  permission  for  men  to  go  ashore.  Captain  at  once  signilieil  his  inlcn- 
tiou  of  immediately  proeeeiling  fin  jiassage,  but  otlicer  privcnu'd  his  dipaii- 
ure  until  he  had  reported  at  custom-licmse,  vssel  beiiiL,'  thereby  detiincil 
two  days,  tFnni  statementof  Kendrick  &  Beaise,  owners,  South  Harwitl 
Mass.) 


THE    ri.SIIKKlKS    TKEATY. 


57 


Touched  at  Lu 
'♦^fiisi'il  privilt'ijo 
go,  bail  t  liciii  lic- 
it.     (Kiom  Htati'- 

iiister.  Jiiiui  12, 
nitted  to  take  im 
1  within  twi'.ity- 
jtviiMU'i'.    (Kioin 

tSH.) 

niiwt*'!-.  Inivi'ii 
iAlvin  W.Cobb, 

ohliped  to  n't  urn 
rchiise  provisidiis 
wiiers,  Booth  Buy. 

t'r«'wntt'(l  front iiT 
;.  n..  but  collector 
]Mirt  mid  cipiir  nu- 
ns losing  one  trip. 

latch,  jr.,  nnister. 
((•  llrcton,  iM  iiftcr- 
\v  ;  waH  obliged  to 
iiig  cro'v,  te  get  to 
HI  Straits  of  Canso 
H  advined  by  tele- 
1  latch,  .jr.,  owner 

llopkioH,  nnister. 
IH.rls.     Obliiincd 
liKin  atatenu'nt  ot 

I'.ldridgc,  inaHtcr. 

|i(tioiiol'(Jaini'lian 

lion   to  the  I'nitcd 

;  othcrwiHP  would 

lining,  touched  at 

oaniu  aboard  and 

lignilied  hi8  inten- 

.■cnu'd  liiH  dci>art- 

tliond.y  dcti.incd 

L  South  llarwici:. 


42.  />'.  /'.  />'.  (shiop),  Kiistport,  Mt;.;  (ionrg**  W.  C'opp,  master.  Oliligcil  to  discontinue 
Imsiness  of  l»n\  ing  Hardiuo  beiring  iu  N»nv  HrnnHwiek  iiorti  for  Eantitort  can- 
ncrios,  no  loonl  cuMtoniH  rot^nhitiona  wore,  during  the  HKUHon  of  168C,  mado  no 
exacting  tliat  it  wan  iinposHiblu  to  uouiply  with  theni  without  risk  of  the  iish 
liecouiing  atah*  untl  MjioiU^d  by  detention.  (From  stutcuients  of  George  W.  Copp, 
master,  K»Mtport,  Me.) 

4:1  5ir /v»u(//i^  (schooner).  Sdutlipurt,  .Me.;  .Mark  Kami,  master.  Compelled  to  pay 
tranHporlalion  for  crew  from  Nova  Scotia  to  Maine,  tlij  vetwel  not  being  allowed 
t:)  (^all  at  Nova  Scotia  ])ortH  for  them  ou  her  way  to  the  fmhing-groiinds.  (From 
statements  of  William  T.  Ma(bb)ck«,  owner,  Houthport,  Me.) 

44.  I'livle  'Joe  (schooner;,  Sonthport,  Me.;  .J.  W.  Pierce,  luaHter.  Compelled  to  pay 
transportation  for  crew  from  Nova  Scotia  to  Maine,  th;i  ves.sel  not  being  allowed 
to  call  at  NovaScotiii  ports  forlhem  on  her  way  to  the  tishing-grcninds.  (Froii» 
siateiuentH  <d  "Willian;  T.  Maddox,  owner,  Sonthport,  Me.) 

l.'i.  U'H'ie  G.  (schooner).  Soutiiport,  Me. ;  Albert  F.  Orne,  muHter.  Compelled  to  pay 
trausportatiou  for  crew  fron>  Nova  Scotia  to  Maine,  the  vessel  not  being  al- 
lowed to  call  ut  Nova  8cidiu  poris  for  them  on  her  wny  to  the  lishing-gri>und8. 
(I'roin  KtatementN  of  William  T.  Maddocks,  owner,  Sonthport.  Me.) 

4i'i.  /,(!(///  Kl;ihi  ^schooner).  Sonthport,  .Me.  ;  George  W.  Fierce,  master.  Compelled 
to  p.iy  transpmtation  for  crew  from  Nova  Scotia  to  Maine,  the  vessel  not  being 
allowed  to  call  at  Nova  Scotia  ports  for  them  ou  her  way  to  the  fishing  grounds. 
(From  .statementK  of  Williani  T.  Maildocks,  owner,  Sonthport,  Me.) 

\:.  Joiiii  //.  AV/infd.i/ (schooner).  I'oitland,  Me.;  l>avid  Dougherty,  master.  Called 
at  a  Nova  Scotia  jiort  for  bait,  but  left  without  obtaining  same,  fearing  seizure 
and  tine,  returning  honns  with  a  broken  voyage.  At  a  Newfoundland  port  was 
charged  Sit!  light-hou;-ie  dues,  giving  draft  on  owners  for  same,  which,  being 
excessive,  they  refused  to  pay.  (From  atutenieutti  of  E.  G.  Willard,  owner,. 
I'ortlaud,  Me.)  •: -■■-,:,,■.„"  i .-  v..,., ,..;,'  n..^'  o:  ::]:../,  ••.,:-,  vC _* :.,  .'..,.•,..; 

1-.  liiplcy  liopea  (schooner).  Sonthport,  Me.;  C.  E.  Hare,  master.  Vessel  ready  to 
sail  when  telegram  from  autliorities  at  Ottawa  refu.sed  permission  to  touch  at 
l'ana<llan  ports  to  shi|)  men ;  vonseijueiitly  oldiged  to  pay  for  their  transporta- 
tion to  Maine,  and  vessel  detainetl  while  aw.iiting  their  arrival.  (From  state- 
ments of  Freeman  Orne  &  Son,  owners,  Southport,  Me.) 

1'.  ■Iiiniie  Annsfrong  (schiMiuer).  Southi  ort,  Me.;  A.  O.  Webber,  nnister.  Vessel 
ready  to  sail  when  telegram  from  authorities  at  Ottawa  refu.sed  permis.sion  to 
touch  at  Canadian  i>ortH  to  ship  men;  couseciueutly  obligi'd  to  pay  for  their 
tiansporfation  tn  M.iine,  and  vessel  detained  while  aw.iiting  their  arrival. 
\l''roin  statements  of  Freemau  Orne  iV  Son,  owners,  Sonthport,  Me.) 

'A  rd/r/jiarrf  (schooner).  Sonthport,  .Me.;  C.  C.  Dyer,  ma.ster.  Vessel  ready  to  sail 
when  telegratn  from  authorities  refused  pernii.isitui  to  tcueh  at  Canadian  ports- 
to  ship  men;  conseniiently  obliged  to  pay  for  their  transportation  to  Maine, 
and  vessel  detained  while  awaiting  their  arrival.  (From  statements  of  Free- 
man Orne  &.  Son,  owners,  Sonthport,  .Me.) 
1.  i'An'tvic  I'luith  (schooner).  North  Haven,  Me.;  Aaii»n  Smith,  master.  I'liable  to  ob- 
tain supplieH  in  Canadiaii  ports  and  obliged  to  return  home  before  obtaining 
full  cargo.  (Frouj  Htatomeuts  of  Aanui  Smith,  master  aiul  agent.  North  Ha- 
ven, Me.) 


58 


THE    FISHERIES    TREATY. 


52. 
53. 
54. 


t>i). 


56. 


f)7. 


58. 


5'J. 


60. 


61. 


.6-2. 


Daniel  Simmonn  (schoonorV  Swan'.**  IhIiiiiiI,  M»v;  .lolni  A.  Oott,  niiahir.  Coinpollod 
to  jro  without  noccssary  outfit  whil»«  tisliiiiK  in  Gu'.f  at'  St.  Lawreiico.  (From 
BtatetiicntH  of  M.  !>tiMii»mMi,  owner,  Swan'H  Island,  M»*.) 

(irorrr  Clpvtlaixi  (nrhoitiu  :).  Boston,  MaHH.;  Oeorfjc  Lnkonian.  n;ast»'r.  ('oni]U'll(>(l 
to  ntiini  liiMn«*  will)  only  i>;irfi!il  fan'  of  nia<  k'Tcl,  ln'in^  rt'fuHi'd  HiippMi,!  jn 
CanniUMn  i)orls.     (From  !<tal<"in<'nts  of  II,  F.  !-)«'  Mutts,  owner,  Bontoii,  .Nhwi.) 

Jmirew  Kiitnham  (Hohoonor).  Boston.  Mass.;  Nathan  F.  Blakt>,  niastor.  Not  al- 
lowcil  to  l>ny  proviHtons  or  to  land  and  ship  tisli  to  Boston,  thereby  losing  val- 
uable tiinw  for  tishin;;.  (From  'statements  of  B.  F.  Dtf  Btitts,  owmr,  Hosiini, 
MaHN.) 

Uarry  (i.  /'V«»if/i  (.schoomr).  (JloiicestiT,  Mass;  .lolin  Chisholin.  iniislcr,  lu'tiis.d 
permission  t<»  pnnhase  any  provisi<H»s  or  to  land  car^o  for  shipment  to  tiic 
United  States.  (From  stateinentM  of  John  Chisholni.  owner  ami  master,  Glou- 
cester, Mass.)  •*'  -'     '•-■  '■''■'■  ■■■■■■■'  "■:  ,  r 

Ooh  J.  //.  rVench  (schooner).  Ciloncester,  Mass. ;  William  Harris,  master,  \V;n 
refnned  iiermission  to  purchase  any  supidies,  or  to  forward  fish  to  the  homo 
port  by  steamer,  causing;  much  loss  of  tinu'  and  money.  (From  afati'incnts  of 
.I<»hii  C'hish(>lm,  owner,  (.Jloucester,  Mass.) 
W.  II.  W'i  UinglOH  {H';hno\wT),  Gloucester,  Mass, ;  I).  8.  Nickerson,  master.  Wns 
refused  permission  to  purchase  any  supplies,  or  to  furward  fish  to  the  home 
jiort  by  steamer,  causinj;  much  loss  of  time  aa<l  unuiey.  (From  statoiueuts  of 
John  Cliisholm,  owner,  (Jloucester,  Mass.) 

Raljth  llixlijdon  (schcKuier).  (Jloucester,  Mass. :  Thomas  F.  Hodiidon,  master.  Was 
refu-ed  permission  to  jturchase  any  supplies,  »)r  to  forward  tish  to  the  homo 
port  by  steamer,  causiuK  much  loss  of  time  and  uioiioy.  (t>oui  statuatents  of 
John  Cbi.shtdm,  owner,  Gloucester,  Mnfui.) 

lldtlu'  Aiy/i/w  (schooner).  Gloucester,  Mass.;  .lano's  A.  Cromwell,  master,  N<>t 
allowed  to  buy  any  provisions  in  any  provincial  ports,  ami  thei-eby  coiupt'iiiil 
to  return  hmue  duriun  the  fisliiuK  sciisoii,  causing  liroken  voyaije  and  ;;n'iit 
loss.  (Fnun  stattMueiits  of  James  A.  iMomwell,  owner  and  master,  (jhuicesti  r, 
Mass.)  ' 

Emma  H'.  liroun  (schooner).  Gloucester,  .Mass.;  .John  McFarlaud,  master.  Wn- 
forbidden  bnyiiiK  *".v  provisir»ns  at  provincial  ports,  and  thereby  lost  thni 
weeks'  lime,  and  was  com|>elled  to  return  home  with  only  part  of  carjju. 
(From  statements  of  .I«diu  McFarlaud,  master,  (iloucester,  Mass.) 

Mary  II.  7'/io/«a«  (scliocuier).  (jloucester,  .Mass.;  Henry  B.  Thonnw,  unwter.  Pro- 
hibited from  buying  provisions,  and,  in  cousequeuce,  had  to  return  houui  before 
Tlose  of  tishinK  season.  (Fnuu  statementH  of  Heury  B.  Thomas,  owner  and 
master,  Gloucester,  Mass.) 

nattie.n.  frf(^  (schooler),  (iloucester,  Mass.;  C.  H.  .Taekmau,  master,  rrnvented 
from  bnyin;j  provisions  to  enable  vessi  1  to  continue  tishing.  Two  of  crew  ile- 
B<'rt«d  in  a  Canadian  port,  and  captain  went  ashore  to  report  at  custoni-iiomtn 
and  to  secure  return  of  nuMi.  Was  delayed  by  customs  otflcer  not  beiiiK  "t  '"* 
post,  and  ordered  to  sea  by  tirst  otHcer  of  cutter  Uon-htt  before  having  an  op- 
portunity of  reporting  at  custom-house  or  of  finishing  business.     Had  to  return 


THE    FI«ilKKlES    TREATY. 


59 


and  n»|»ort  on  Haiiie  day  or  bn  NnhJHct  to  Hue.  Provoiited  fVoiii  Hhippiiijj  iiitm  at 
siuiH)  place.  At  Port  Hawkoshuiy,  Nova  Mcotia,  wlulc  on  lu»iu«nviinl  pasMaije, 
nut  allowtMl  to  tak«  on  hoard  ritnv  of  8oi/,ed  AMi«ri(wiii  tishiny  scUooiitT  .]ft>ro 
CaitHe,  wiio  dt>sir«cl  to  return  honin.  (From  ^tateiuonts  of  C.  H.  Jackinau, 
niftHter.  ("loncoHter,  MaH».)  ;•:''.'  ^  ;    , 

t!:t.  Ethd  Maud  {m\\  mwvr).  Glonc«»t«r,  >[aMs. ;  George  H.  Martin,  master.  Provided 
witli  a  United  States  permit  to  tonch  and  trade,  entere<l  Tifjtiisli,  Prince  Eil- 
ward  Inland,  to  pnndiaHe  salt  and  l»arrel«.  VV'uh  proliil)it<'d  from  Imvinjj  any- 
thing. Colieetor  was  otlVred  permit,  but  deeiared  it  to  he  wortliioHs,  and 
would  not  examine  it.  Vensel  obliged  to  rottirn  home  for  artieles  mentioned. 
On  second  trip  was  not  permitted  to  >jet  any  food.  (From  sfatenients  of  Geor^^e 
H.  Martin,  owner  and  miwter,  East  Gloucester,  Mass.) 

('4.  /o/iH  T.  llraii  (sthooner).  (Jloncester,  Mass.;  George  .McT^ean,  master.  '*0n  ac- 
ciuint  of  extreme  prohiljitory  measures  of  tlie  Canadian  (Joverninent  in  refnsinjif 
shelter,  r*upplies,  and  other  convenienees,  was  obliged  to  ah.indon  her  voyage 
and  come  home  without  iish."  (From  statemeutH  uf  John  F.  Wonson  «3tr  Co., 
owners,  Gloucester.  Mass.) 

im.  lltnry  W.  Lon/elhuf  (schooner).  Gloucester,  Mass.  ;  W.  W.  Kiii<r.  inaster. 
Oblijjed  to  leave  the  Gulf  of  St.  Lawrence  with  only  (W  bjirrels  of  mackerel,  ou 
account  of  restrictions  imposed  l>y  C;ina<lian  («overnnient  in  ]>reventin<j;  cap- 
tain from  procuring  necessary  supplies  to  coiitinne  lislimg.  (From  statements 
of  .John  F.  VVoiison  &  Co.,  owners,  (iloucester,  Mass.) 

til.  ItiithHyht  (Schooner).  (JlouceHter,  Ma.-ts. ;  .)ami;s  L.  Kenney,  master.  Compelled 
to  leave  Gulf  of  .St.  Lawrence  with  only  IK)  barrels  of  mackerel,  because  of  re- 
strictions imposed  by  Canadian  Governnu-nt  in  prohibiting  ca|)tain  irom  pur- 
chasing supplies  needed  to  continue  lishing.  (From  statements  of  .John  F. 
\VoM«(in  &  Co.,  owners,  (Jloucester,  Ma;»s. ) 

ill.  Mil   Fiutiklin   (schooner),    ttioucester.    Mass.;     Henry    1).    Kendrick,    muster. 

Obliged  to  leave  Gulf  of  St.  Lawrence  with  15l>  barrels  of  mackerel,  on  account 

*  of  reatrictiuns  imposed    by  Canadian   Government  in   denying  to  captain  the 

right  to  procure  necessary  su|iplies  to  continue  fishing.     (Frmii  statements  of 

John  F.  Wonson  A  Co.,  owners,  ()ih)nccstcr,  Mass.) 

«W.  .Ve/)on«cf  (schooMcr).  IJoston,  Mas,s. ;  E.  S.  I'rye,  masfei.  August '^7,  l^Sti,  an<lion*d 
ill  Port  Hawkesbnry,  C.  B.,and  immediately  reported  at  custom  house.  Being 
short  of  provisions,  muster  asked  collector  for  permi.s.Hiini  to  buy.  but  was  twice 
refused.  The  master,  expressing  his  intention  of  seeing  the  United  States  consul 
at  Port  Hastings,  C  B.,  3  miles  distant,  the  cu.Hioms  otHcer  forbade  him  land- 
ing at  that  port  to  see  the  consul.  He  did  .so,  huwcver,  .saw  the  eimsiil,  but  could 
got  no  aid,  the  consul  stating  that  if  provisions  were  furnislietl  the  vessel  would 
he  seized.  Muster  being  sick  and  wishing  to  return  homo  by  rail,  at  the  sug- 
gestion of  the  consul  he  landed  secretly  and  traveled  through  the  woods  to  the 
station,  3  miles  distant.  (From  statements  of  K.  S.  Frye,  owner  ami  master, 
Boston,  Mass.) 

Ill  1880  700  vessels  were  boarded,  and  1,302  in  1887,  to  invostigrtte 
liieir  conduct,  of  which  oO  were  l»rouj>:lit  to  the  attention  of  the  British 
<iovtrnment. 


60 


THE   FISHKUIES    TREATY. 


ThoHC  lists  comprise,  mj  nil,  nearly  KM)  vessels  that  have  been  involved 
iu  seizures  and  other  interferences  growing  out  of  disputed  construc- 
tions of  the  treaty  of  1818.  '""''"'    '         ,' 

That  so  many  cases  have  arisen  out  of  this  i-ontliet  ()f  opinion  is,  in 
part,  fairly  attributable  to  an  a«;gressive  temper  on  the  part  of  the  Cana- 
dians, which  has  not  been  su«H;evSsfuIly  restrained  by  the  UovernuMMitof 

« 
Great  Britain,  and  to  an  obstinate  adheren«'-e  to  the  letter  of  the  treaty, 

to  the  sacrifice  of  its  spirit  and  to  the  i)reiudi('e  of  the  "liberties"  and 
"l)rivileges"  secured  by  its  terms  to  American  fishermen,  as  pur  Gov- 
ernmenl  un(b>rstan<ls  the  matter. 

The  treaty  had  reference  to  extensive  lines  of  sea-c(»ast  upon  wliicli 
the  bays,  harbors,  and  creeks  were  as  well  known  by  name  and  location 
in  181S  as  they  are  now,  but  they  were  not  exactly  described  in  that  in- 
strument. 

It  can  not  be  assumed,  at  least  in  our  diplomacy,  that  it  is  irrational 
or  nncandid  for  the  British  (lovernment  to  «"ontend  that  the  entrance 
of  these  places,  so  well  known,  was  intended  to  designate  a  base  line 
from  which  to  ujcasure  the  3 mile  linut,  within  which  we  forever  re- 
nonnced  the  right  to  take  or  cure  or  dry  lish.  <  , 

Our  construction  has  been  that  we  did  not  renounce  these  "liberties" 
in  the  bays,  harbors,  and  cr«'eks,  except  witliin  .i  miles  of  the  coasts 
thereof,  while  the  British  contention  has  been  that  the  word  "coasts'" 
iu  the  treaty  relates  only  to  the  open  sea  coasts,  and  not  to  the  coasts 
of  bays,  harbors,  and  creekvS  that  are  claimed  and  controlled  by  the 
provincial  governments  as  territorial  waters. 

The  liritish  contention  is  also  fortified  by  the  argument,  as  they  in- 
sist, that,  in  the  lu'oviso  to  articJe  1  of  the  treaty,  our  right  to  enter 
for  shelter,  wood,  water,  and  repairs,  is  limited  to  "  bays  or  harbors" 
and  does  not  extend  to  "creeks"'  or  to  "coasts,"  and  that  these  were 
not  opened  to  our  riy^lit  of  entry,  because  of  the  difiiculty  of  enforoiiif; 
the  "restrictions'*  up<»n  the  use  of  these  privileges,  to  which  we  gave 
our  consent  in  the  treaty,  on  the  coasts  and  creeks,  at  places  remote 
from  their  ports. 

It  has  been  the  duty  of  our  <lii>loinatists,  forced  upon  tUein  by  tlie 
iniportance  of  our  interests,  to. endeavor  to  overcome  these  contentious 
of  the  British  Government,  and  to  insist  upon  a  more  liberal  con- 
struction of  the  treaty. 

The  task  has  not  been  an  e^sy  one,  ami  the  progress  we  have  made 
is  scarcely  discernible;  lor  iu>  aduiitte<l  change  in  British  opinion  seems 


Tin:    FISIIEKIEH    THKATY. 


61 


to  Iiave  luHMi  a('*!omplisln>il  in  rcspecit  of  the.  cxclnsioii,  from  our  ttcaty 
njrlits  of  ftshory,  of  llu'  crtM^ks,  bays,  and  harbors  whose  nain«'s,  limits, 
and  location  were  known,  an«l  w«'re  recojini/ed  by  their  laws  as  terri- 
toriiil  waters  in  1818,  except  in  referenee  to  the  Hay  of  Fnndy. 

In  18'">-1:  and  in  1871  we  submertjed  these  (inestions  beneath  others  of 
jrreat  iniportanee,  and  paid  heavily,  in  reeipro(!al  taritt  arrangements  in 
(•lie  case,  and  in  mt»iM»y  in  the  «)ther  instance,  for  the  security  and  i)ro- 
tection  of  our  tishermen  a;;ainst  the  IJrilish  headland  theory,  as  they 
t'hiimed  it,  in  territorial  waters,  an<l  for  the  ri;jht  of  inshore  tishin;;. 

On  the  other  bran<;h  of  the  subject,  relatinj;  to  the  proinulfiation  and 
ciiforcenientof  "such  re^ttrictions  as  may  be  necessary  to  prevent  •  •  • 
abiisinjxthe  privilefifes  •  •  •  ri'served  to"  Ameri(;an  tisheiinen,  the 
cases  have  been  more  niiim-ioiis,  the  discussiotis  more  heated,  the  inter- 
ferences with  our  tishermen  and  their  vessels,  an«l  with  other  vessels, 
more  aiinoyinjj;  and  damayinji,  tlia>»  those  that  have  arisen  umler  the 
Iliad  land  theory. 

In  most  of  these  cases  the  provincial  courts,  or  the  piivy  council  of 
tilt'  local  o-overnments,  have  nmde  decisions,  or  statements,  expouiiding 
tiicir  laws,  both  provincial  and  imperial,  and  insistinjjf  upon  their  right 
and  Juristliction,  un«ler  the  treaty,  to  do  all  that  has  been  done  by  them 
to  our  tishermen,  except  in  the  attair  of  Fortune  liay. 

What  is  sometimes  termed  the  reciproitity  of  1830,  by  which  the  in- 
ti^rdict  on  commercial  intercourse  between  the  North  American  Hritish 
Provinces  an«l  the  United  Stales  was  relieved,  and  connnercial  inter- 
coiuse  was  establishe«l  <m  a  liberal  footing,  gave  to  our  merchant  ships 
t'xteasive  privileges  that  the  treaty  of  1818,  under  the  British  construc- 
tion, denied  to  our  tishing  vessels. 

This  so  called  reciprocity  was  not  establi>*hed  by  positive  law  in  either 
cmuitry;  but,  uuiler  the  proclamation  of  ['resident  Jackson,  authorized 
by  law,  and  under  the  orders  of  the  I'rivy  Council  of  (treat  Britain,  the 
liberties  of  commerce  were  mutually  a»;corded  to  the  merchant  ships  of 
<'iu!h  country  in  tlu^  ports  of  the  other.  Wo  will  hereafter  refer  more 
imrticularly  to  that  arrangement. 

Many  of  our  fishing  vessels  being  licensed,  under  our  laws,  to  touch 
and  trade  in  foreign  ports,  our  (rovernment  has  since  claimed  for  them 
iu  Canadian  ports  the  hospitality  accorded  to  our  other  merchant  ves- 
-^els  and  all  the  liberties  that  they  enjoy. 

This  reasonable  claim  was  based  ui)on  the  new  conditions  of  ourc«)m- 
luercial  intercourse  with  Canada  as  established  by  '*the  reciprocity  of 
1830." 


:l 


m 


■■  '-lie 


62 


TIIK    KlSHKinKS    TKKATV. 


It  was  mot  witli  tii(Ml(>(Oiiration  that  Atncriciiii  tishiMiiuMi  and  tliinr 
vessels  iiad  only  tlie  rights,  in  <  .inadian  waters  and  ports,  tliat  arc 
expressly  reserved  to  tliein  under  the  treaty  of  181.S;  and  that  all  other 
rights  are  (lenie«l  to  them  by  that  treaty;  and  the  further  insistance 
that  the  United  States  can  eonfer  no  other  rijjhts  upon  them,  in  those 
waters,  tliun  such  as  the  treaty  gives  them  in  their  chara<"ter  as  fislicr- 
men. 

This  ipiestion  has  led  to  t,erious  disagreement  and  has  lu'en  uiia 
voidably  mixed  up  with  the  question  of  tlie  i)roper  coUHtruetion  of  the 
treaty  of  ISIS. 

This  l»Ien<linjr  of  these  suhjeets  has  resulted,  in  pait,  from  the  en- 
larged i)rivileges  secured  to  our  tishermen  in  the  tn*aties  «)f  1.S54  and 
1871,  and  from  the  IJritish  laws  and  regulations,  under  which  no«'xpres.s 
distinction  is  made  between  lishing  vessels  uiid  i)urely  coninu'rciiil 
vessels  as  to  entrance  and  clearance;  port  and  harbor  dues;  pilotap' 
and  tonnage  dues;  the  right  to  demand  manifests  an»l  to  inspect  cargues. 

They  employ  their  regulations,  prescribe*!  for  commercial  vessels,  to 
prevent  fishing  vessels  fro!n  having  shelter  for  more  than  twenty-four 
hours  in  a  bay  or  harbor;  or  frotn  obtaining  water  or  wood,  or  makinjf 
repairs,  unless  they  have  been  duly  entered  in  the  customhouse  and 
ha  e  conformed  to  all  th*-  regulations  that  apply  to  merchant  vessels. 

The  denial  of  every  commercial  privilege  to  oui-  fishermen,  even  to 
the  supply  of  want»  that  humanity  demands,  while  imposing  upon  tlii*Mi 
every  ''restriction"  that  merchant  vess(ds  were  lequinnl  to  endure, 
naturally  excited  the  indignation  of  our  people. 

The  contrast  between  the  treatment,  in  tbese  respects,  of  nuMcliant 
vessels  of  all  nations  (including  those  of  the  United  States)  and  our 
fishing  vessels  was  painlul  and  unjust,  as  it  was  unm^cessary,  and  placed 
the  nuMi  engaged  in  an  honorable  and  highly  useful  pursuit  under  the 
ban  of  uHJustand  unfriendly  discrimination,  and  branded  thent  as  per- 
K<ui8  against  whom  there,  was  a  geiu>ral  ami  recognize«|  suspicion  of  had 
chaiacter  or  of  unw«>rthy  designs. 

During  the  interval  between  ISIH  and  lS;i(»  the  treaty  of  181S  fur- 
nished the  only  rule.  e(piitable  or  legal,  for  tin*  admeasurement  of  tlu' 
rights  of  our  lishermen. 

Since  lS;it),  except  when  the  treaties  of  isr>4  ami  187 1  were  in  Ibiw, 
the  British  (Tovernment, instea<l  of  relaxing  the  "  restrictions"  upon  onr 
fishermen,  has  increasetl  them,  and  has  been  very  ah^rt  in  conlMiinK 
them  to  the  strict  letter  of  the  treaty  of  1818,  whenever  that  has  uiht- 
ated,  as  to  their  fishing  and  other  liberties  and  privileges. 


THK    FISHKKIES    TUKATY. 


II. 


6a 


WIir.riIKH  IT  IS  OUR  WISIIST  AND  SAFKST  POI.KJY  TO  KHSORT  TO  THE 
1,A\VS  OF  NATIONS.  KNFOUCKD  MY  AM-  MKASl'K'KS  THAT  MAY  I3K  NKC- 
KSSAHY,  OK  TO  TWK.VTV  AUUAN(JI:MKN'TS,  F01{  THE  KKOULATION,  (iKN- 
HK'AIJ-Y,  OFOIU  FISilIN(;   KKMITS? 

It  is  (luih'  clciir  tinit.  until  wf  Hir  free  fnmi  the  olilipitions  of  the 
trciity  of  IHIM,  they  are  a  pait  of  oui- siijttejiie  hiw,  wliieh  no  department 
of  our  own  (loverniiient  ean  violate  without  viohitin;;  our  Constitution. 

As  the  treaty  is  peiiMtual  in  the  lenniuialion  of  our  ri^jfht  of  common 
lislicry,  partiiittned  to  us  as  an  appana^*'  of  the  (Country  whose  inde- 
|u'iideiu!e  we  estaldislied,  we  ejMi  not,  by  any  means  short  of  u  success- 
till  war,  reinstate  tlie  Tnited  States,  by  our  own  act,  in  the  enjoyment 
(if  the  rijjht  that  was  so  r«Mioun<'ed. 

We  can  free  ourselves  of  any  embarrassment  arisinij  out  of  tlie 
tivaty  of  ISIS,  as  to  our  fishetinen,  licensed  to  tou(!h  and  trade,  by 
lopealinj;  it,  but  nobody  seems  to  desire  such  a  course  of  action,  or 
to  «'(»urt  the  situatioi;  in  which  it  would  place  both  countries. 

The  strujj^le,  in  such  an  event,  would  be  at  once  renewed  under 
retaliatory  laws  (if  this  treaty  is  rejecte<l);  but  every  movement  in 
siich  a  j)olicy  wouUl  be  very  costly  to  the  people  of  both  countries, 
iiiiti,  as  a  i>robable  result,  woidd  eventuate  In  war. 

So,  we  must  live  under  the  treaty  and  be  constantly  embroiled  with 
tlio  British  Government  as  to  its  proper  interpretation  ;  or  we  must 
icfortn  that  interpretation  by  a  fair  ami  Just  ajireement  with  that  (lov- 
crnmeiit;  or  we  must  repeal  or  abandon  it,  and  then  rely  upon  retalia- 
tion to  re<lress  our  wroiif^s. 

The  demand  of  our  tishermeu  for  an  eidarjjenuMit  of  their  commercial 
jirivilcj^es,  to  <u)rrespond  with  those  of  our  merchant  vessels,  and  for  a 
more  liberal  hospitality  in  their  bays,  is  the  pith  ami  essence  of  our 
ilt'iiiaud  for  a  more  liberal  interpretation  of  the  treaty  of  1818. 

This  tiemand  has  to  a  ^reat  dej^jree  {frown  out  of  the  changed  con- 
ditions, both  of  tishing  ventures  and  commercial  intercourse,  with  the 
British  provinces  since  1830. 

It  was  not  considered  in  1818,  but  it  can  not  be  denied  consideration 
iHiw,  in  view  of  these  chan|i;e<l  coiulitions. 

It  is  insiste*!  by  some  that  the  treaty  of  1818  gives  no  commercial 
lifrhls  to  our  fishing  vessels;  that  it  relates  only  to  lishiu};'  riju'hts  and 
to  some  incidental  privileges  of  hospitality  accorded  to  our  tishernun^ 


:i 


'■r, 


si!  '    . 


^4 


Tin:    FlSIIKRIKS    TKr.ATY 


that  tluMr  ia  im  iummI  to  innciid  tln»  treaty  so  an  to  simmih'  thoiii  comiiH'r. 
eiitl  ri};litH;  and  tliat  tliosc  hIioiiM  1m>  Hccuivd,  ami  would  We,  tlnoii^li 
our  h'fjislativi'  powers  of  ivfaliatioii  upon  tlio  coininenu'  of  the  IJritislj 
possessions. 

If  we  infuse  into  that  treaty  th«'  sul>sta!ure  of  this  deinau<l,  it  must 
be  done  by  an  agreement,  in  the  natnreof  an  ainendnient,that  t'uiiii.slifs 
Hoino  reeiproeal  eone«'ssion  to  tlie  people  of  the  Hrifisii  pt)sKessioii.s 
coneerned  in  the  tisheries;  otherwise  wo  will  fail  to  gain  their  consent 
to  it. 

If  we  stand  ui>on  that  treaty  witliout  ainendnient,  as  a  Hshiny  treaty, 
insistintj  tliat  it  has  nothing  totb>  with  tlu*  i-oinuiereial  privile^'es  of  uur 
fishinj;  vessels,  and  that  it  leaves  us  free  to  demand  foi-  them  the  same 
commereial  privilejjes  that  wo  accord  to  (Canadian  tlshermen,  we  i)laco 
this  demand  ahmo  upon  tlie  {ground  of  international  (;omity,  wliichisiii 
no  sense  a  substantial  rijijht,  and  is  outside  of  all  treaty  aj^nHMnenta. 

We  would  then  have  the  treaty  prohibition  ay;ainstt)ur  tlshin«j  vessels 
entt'rinj;  ('anadian  bays  and  harl»ors  for  "ai'y  other  purpose  whatever" 
than  to  buy  wood,  obtain  water,  make  repairs,  and  ttnd  shelter;  while 
their  commereial  privileges  would  entitle  them  to  enter  the  ports  of 
tliese  bays  and  harbors  for  any  lawful  comnu'rcial  purpose;  and  this 
would  reMiIt  frcnn  our  a«!t  in  jjiviu};  them,  uiuler  our  laws,  the  d()iil)lo 
<"haract«'r  of  lishermen  and  merchantmen. 

The  Uritish  (rovernnu'iit  treats  this  pr«)position  as  a  mere  attempt  to 
eva<le  the  treaty  of  1818,  and,  in  that  view,  they  insist  upon  its  rijjiil 
enforcenuMit.  They  (piote  the  restrictions  of  the  treaty  of  1818  as  beiiij; 
obligatory  upon  the  United  States,  ami  insist  that  wo  can  not  cliaiifio 
the  chara«'ter  of  a  vessel  from  v.  fisherman  to  a  merchantman  by  fjiviii;,' 
to  sach  vessel  any  form  of  license,  enrollnxMJt,  registry,  or  sea  papers, 
iu  addition  to  such  as  place  it  in  the  class  of  a  llshing  vensel. 

However  illiberal  such  a  contention  may  bo,  they  certainly  claim  the 
right,  tinder  the  treaty,  and  outsi«le  of  it  as  well,  to  deny  all  entriuito 
of  our  tishing  vessels  to  their  bays  and  harbors,  except  in  their  eliarac 
ter  as  Hshermen.  As  vessels  of  commerce,  the  IJritish  (lovermiH'iit 
claims  that  they  enter  the  ports  by  comity  alone.  As  tishing  vessels, 
they  admit  that  they  enter  the  bays  and  harbors  by  right,  uuiiertho 
treaty,  but  only  for  the  purposes  to  which  the  treaty  of  1818  restricts 
them. 

Wo  do  not  intend  to  lay  down  what  we  may  believe  to  be  the  limits 
-of  jurisiliction  over  adjacent  seas  chat  are  said  to  be  secured  to  the  Gov- 


THE   F18HKUIKH    TUKATY. 


G5 


more  iittcmpt  to 
t  upon  its  rifjitl 
of  1818  as  beiug 
i  can  not  chiuifie 
It  man  by  {jiving' 
V,  or  sea  papers, 
vessel. 

■taiuly  claim  the 
eny  all  entraiit'O 
in  their  cliarac 
sh  (lovernuH'iit 
i  tishing  vessels, 
rijrht,  uiuler  the 
uf  1818  restricts 


ernnn'uts  owninj;  tlio  coasts  by  rhu  laws  of  nations,  (yliancollor  Kent, 
Mr.  .Ii'U'ersoii,  Mr.  ^Fadisoii,  and  .Mr.  Seward,  and  niany  other  great 
lawyers  and  statesmen  of  our  (country  have  advocated  theories  on  this 
subject  e,nite  at  variance  with  the  .'{-mile  luMindary  of  oar  right  of  juris- 
(lictioii  seawani  from  the  coast.  This  questi«)n  needs  to  be.handied  with 
fK,\i  circumspection.    Tliis  is  a  very  important  matter. 

A  vast  extent  of  the  coast  of  the  Pacltlc,  reacliing  to  the  arctic  cir- 
do,  and  (lestined  to  become  a  more  important  lishinjjground  than  the 
Atlantic  coasts,  must  be  afll'ected  by  the  principle.-*  of  intcirnational  law 
which  the  United  States  .shall  assert  a.s  •Icillning  the  lirnit.s  seaward 
liDiii  the  coasts  of  our  exclusive  rigiit  to  (ish  for  seals  and  sea-otters, 
whales,  and  the  many  varieties  of  foodtish«*s  ''lat  swarm  along  tlie 
loasts  of  Uehring  Sea  and  Striiits.  We  might  tlnd,  in  that  quarter, 
livery  inconvenient  applicnition  of  the  doctrine  that,  by  the  law  of 
imtioiis,  the  three-mih^  limit  of  the  e.v(;lu.sjivo  right  of  lishery  is  to  ftdlow 
;iii(l  be  measured  from  the  sinuosities  of  the  coasts  of  tlu^  bays,  creeks, 
iiiitl  harbors  that  exceed  six  miles  in  width  at  the  entrance;  and  an 
tMiiially  inconvenient  application  of  our  claim  for  full  commercial  privi- 
lo^'os  in  Canadian  ports  for  our  tishermen,  wlien  applied  to  JJritish 
Coliinibian  fishermen  in  our  Pacilic  ports,  which  are  nearer  to  them 
tlian  to  our  fisheries  in  Alaska. 

NO  allusion  is  made  in  the  treaty  of  1813  to  the  laws  of  nations  as 
tiiniisliiug  canons  for  its  interpretation ;  and  we  infer  that  its  meaning 
is  to  be  gathered  alone  from  its  context  and  the  circumstances  that  at- 
•cikUmI  its  ado]>tion.  '^ 

riie  inidersigned  believe  that  the  interpretation  of  that  treaty,  which 
lias  led  to  its  reformation  in  the  treaty  now  before  the  Senate,  is  far  in 
ailvanceofanything  that  any  American  diplomat  has  ofhcially  demanded 
"t  llie  Ihitish  Ciovernment,  and  will  Iea«l  to  a  full  and  arnicable  adjust- 
iiii'iit  of  all  troubles  of  the  sort  that  have  heretofore  arisen  ;  and  that  it 
will  open  the  way  for  a  liberal  and  neighborly  agreement  as  to  suc'i  dif- 
it'iences  as  may  hereafter  arise,  both  on  the  Atlanti«;and  Pacitic  coasts. 

In  this  interpretation  and  reformation  of  our  existing  treaty,  the 
I  iiited  States  make  no  connnittals  as  to  the  exclusive  rights  of  fishing 
inuler  the  laws  of  nations  that  may  attect  our  interests  in  the  Pacific 
iiultliethilf  of  Mexi»!0  in  the  future;  nor  do  they  place  the  delimitations 
"t  the  tishing-groiindJ*,  or  the  alleged  commercial  rights  of  our  fisher- 
iin'ii.  upon  any  i)rinciple  of  the  internatioMal  law  that  may  be  quoted 
'>;;!un.st  us  at  Victoria  (within  a  very  short  distance  of  our  northern 
S.  Mis.  109 5 


m 


■ill 


m 


(Hi 


THE    KISHKHIKS   TRKATV. 


ImhiIci),  or  ulon^'  the  t'xtoii.sivo  hcu  coast  bttMuuii   Tugi't  .Sound  ami 
AluHka,  our  givat  rarilic.  tislu'i^, 

TIa»  mnl(MHij;iu'il  pri'l'iT  tliii  iUTtainty  which  this  ticat\  has  sociirt'il 
as  t«»  our  specific  rijjhts  in  tlic  lishcrit-H  of  the  Athintic  coasts  of  Noiil, 
America  to  the  itncertaiiity  of  the  international  hiw  as  to  ail  tliosc 
«|neMti(>ns,  which  will  l<>ave  in  hitter  dispute  our  riij;hts  and  lilit'ttii  > 
lM>th  on  the  Atlantic  and  I'aeitic  coasts,  hays,  harbors,  and  (!recU.s,  and 
in  I»ehrinj;'s  Hca  ami  Straits. 

Th»'  undersi^jned   believe  that  the  treaty  now  under  <*onsidcrati()ii 
atlords  a  better  foundation  for  both  our  Hshin;;  and  commercial  ri;;lits 
tlmn  any  that  can  be  slated  as  resting;  alone  upon  international  law, or 
upon  comity  securctl  by  retaliatory  laws  and  maintained  by  the  Ihin 
natinjj  interests  of  (M)mmer(!4',  that  are  very  un.stable. 

Those  who  assert  that  it  is  not  the  duf;  ,  and  is  scarcely  the  ri^jlif, ot 
the  I'n'sident  to  resort  to  ne;j;otiations,  in  i»reference  to  tln^  retaliaiion 
provided  for  in  existin};  laws,  in  order  to  secure  (commercial  ii;:litst(» 
fishermen  in  Canadian  ports,  are  not  willing;  that  their  pririktjeH  sliall 
be  enlar^jed  and  (Converted  into  rujhtft  set'ured  by  treaty.  Tliey  pretci 
the  cliances  of  ;;reater  success  tlirouy:h  le;.'islation  that  will  intiinidatf 
the  IJritish  (iovernmcnt  or  j^reatly  end»arrass  British  'jonunerce.  Tins 
seems  to  indicate  that  they  rely  for  success  more  upon  IJritisli  cn|»ldit,\ 
ami  the  fear  that  (i(»vernment  has  of  the  consetjuences  of  war,  than 
upon  its  sense  of  justice,  or  its  ;;ood  faith  in  li»*epin;i  treaty  ohli^jations. 

Whether  or  not  this  ma^  be  true,  it  is  very  obvious,  as  the  under 
si};ncd  believe,  that  the  advantages  we  are  supposed  to  enjoy  undcrsiicli 
circumstances  would  be  tpiite  as  available  for  the  increase  of  our  ('oiii 
mercial  i)rivileges  by  retaliatory  laws,  after  this  treaty  is  ratilied,a.s  tlicv 
are  at  present.  Our  good  taitli  U  no  more  pledgetl  in  this  treaty  than 
it  is  in  the  treaty  of  1818. 

This  treaty  does  not  bind  us  to  advance  no  claim  hereafter  to  in 
creased  commercial  pnvileges  in  favor  of  our  tlshermen.    The  spirit  in 
which  it  ifi  framed  is  one  of  conformity,  in  our  treaty  relations,  to  tlu' 
progressive  interests  ami  necessities  of  the  country,  so  that  a  fiirthiij 
increase  of  commercial   privileges  would   naturally   result  Iroin  tlit'j 
policy  of  both  countries;  as  is  shown  by  the  fact  of  the  negotiation oti 
this  treaty,  when  such  increase  should  ajipear  to  be,  as  it  will  be,  nuitiij 
ally  advantageous. 


THE    riMHKRIKS   TUKATV. 


67 


m. 

AN  IMI'oUTANT   I'KKCKDKNT  FOR  THIS  TliKATY  IN  THH  ARKAN'iJKMKXT 
ol  TKUKI)  UV  MR.  HKWARD  1\  IHtW  TO  THK  MRITISH  UOVKKNMKNT. 

Tlit'in  is  A  vi'iy  iin|n>rtjiiit  ivreciMleut  lor  tlio  ])laii  ot  this  treaty,  uiul 
tor  some  of  its  loinliri;;  foutinvs,  in  the  protocol  proposed  ii.  1H(»<{  by  Mr. 
ScwanI,  then  Secretary  of  Htat«',  throii^jh  Mr.  A(hims,  our  iniiii.stor  to 
(Jroat  IJritaiii.     The  h-ttcr  of  Mr.  Soward  and  tlic  protocol  are  as  ftiUows : 


Mr,  Sew«ril  to  Mr.  Ado>n», 


No,  1737.] 


Dki'aimmknt  t>i- Statu, 

WuHhinijIiin,  Aiiril  10,  i^iWt. 
Sir  :  I  wiul  yoii  ii  copy  uf  n  very  miKKestive  lett«r  from  .Mr.  Riuhiinl  1).  CiittH,  who, 
IM'rliiip^:  you  aro  nwiire,  was  I'lnployfld  &»  Hiirveyor  for  marking;,  ixi  the  imrt  of  the 
L'liitcd  StateH,  the  fiahery  limilt  undvr  the  reciprorilif  treaty.  Mr.  Ciitt-s's  loiij;  fa- 
miliarity with  thiit  Huhjcct  prat-tioally  and  thuorotioally  eiititlua  hii  HUKK*'!*tions  to 
n's|iect. 

It  in  d«Hinilil>>  to  avoid  any  collision  or  niisiuiderHtanding  with  Great  Britain  on 
till'  siihJKct  growinj;  out  of  th«  torniinatiou  of  the  reciprocity  treaty.  With  this  vinw 
1  iuc'losoa  draught  of  a  prorocoi,  wliich  you  may  propose  to  Lord  Clarendon  (bra  tem- 
liorar.v  n'^nlation  of  tlio  inattrr.  If  In'  should  aj;'"''*'  **>  'tj  >t  may  be  8ij;nt*d.  Whon 
w^;nt•(l  it  In  d«>8iraUIii  that  the  in^tnictioiiH  referred  to  in  the  eoncludni);  paragraph 
>li<>iil<l  at  onei>  1m>  disMatehed  liv  the  llritish  (iovernineiit. 

.\sthe  tishiu);  season  is  at  hainl,  the  collisions  which  uii);ht  lie  apprehended  may 
oiaiir  when  that  HoaHou  advances. 

I  urn,  sir,  your  (dtndient  servant, 

,  '•  '      William  II.  Skwahd. 


Ihauijht  protocol  communicated  by  Mr.  Adams  to  the  Karl  of  Clarendon  in  186G. 

Whereas  iu  the  tirat  article  of  the  convention  between  the  United  States  and  Great 
Britain,  concluded  and  signed  in  London  on  the  !j(>th  October,  181i:^,  it  was  declared 
iliat—  -.;,  ,.x.   -:  c  ;:  •    ,  ■    ^   S 

"The  L^nitcd  States  lierebv  renounce,  forever,  any  liberty  heretofore  enjoyed  or 
iliiiiiuMl  by  the  inhabitunts  thereof  to  taUe,  dry,  or  cure  lish  on  or  within  '.\  marine 
iiiiloH  of  any  of  the  coasts,  bays,  creels,  or  harbors  of  His  Hritanni':  Majesty's  do- 
minions iu  America,  not  included  within  curtain  limits  heretofore  mentioned;" 

And  whereas  ditferences  have  arisen  in  rej^janl  to  the  extent  of  the  above-mentioned 
f<iiunciatiou,  the  Government  of  the  Uniteil  .States  and  Her  Majesty  the  Queen  of 
"ri'at  Ilritain,  being  equally  desirous  of  avoiding  further  misundei-standing,  have 
I'Ki'ied  to  appoint,  and  do  hereby  .luthorize  the  appointment,  of  a  mixed  commission 
for  the  following  purposes,  namely: 

(1)  Tu  agree  upon  and  deline,  by  a  series  of  lines,  the  limits  which  shall  separate 
ilie exclusive  from  the  common  right  of  tishoiy,  on  the  coasts  and  in  the  seas  adjacent, 


G8 


Tin:    FISIIKKIKS    THKATV. 


of  the  Hiitihh  N'ortli  Americm  i'i)louit'.«i,  in  cimt'onnity  wiili  tlie  lirjd  articli'  tif  tlio 
couventioii  of  1818.  TUo  naid  liuos  to  b«  re;;iiliirly  iiiiintxToil,  duly  doscriocd,  uud 
ftlsoclearl;;  iiinrkt'd  on  charts  pivparnd  iit  diiidicati^  for  tho  piirpoHi'.  ' 

(2)  To  agren  upon  anil  ostablish  such  n');uhiti;>;iH  as  may  bo  nocessary  and  proper  to 
st'curc  to  tho  liHlicrnicn  of  flio  l"iiito<l  Stato.s  tho  pvivih-^jo  of  ontiM'in;^  bays  and  har- 
bors for  tho  i)urposo  of  shoUor;  j.nd  o(  npairin;;  daniajjos  thtrein;  of  ioiichi>siiicf 
wood,  and  of  obtaininj^  water;  anil  to  aj»ri'«  upon  ami  I'stablinh  snch  rostrictions  «» 
may  bo  necessary  to  prevunt  the  abuse  of  tho  privilejjo  reserved  by  said  convention 
to  ftsionnen  of  the  IJnitod  States. 

^3)  To  agree  upon  and  reeonuncud  tho  peualties  to  bo  adjudjjed,  and  such  |>ro- 
cee«lin;js  and  jurisdiction  as  may  be  necessary  t(»  secure  a  speedy  trial  and  jiuljjnieiit 
with  as  little  exp-'use  as  possible,  for  tho  violation  of  rights  and  tho  tranH;rrc>i.sion  nf 
the  limits  and  rest  ri'M  ions  which  may  bo  hereby  a<lopted. 

Provided,  however,  that  the  limits,  restrictions,  and  regulations  which  lufiy  ho 
aj;reed  upon  by  the  said  commission  shall  not  be  (inal,  nor  have  any  etVect,  until  so 
jOintly  conlirmed  anil  declared  by  tho  United  States  and  If'^r  Majesty  the  Queen  of 
(Jreat  Hritain,  eitlier  by  iieaty  or  by  laws  mutually  acknowledj^ed  and  accepted  hy 
the  President  of  the  Unite,!  States,  by  and  with  the  consent  of  the  Senate,  uuil  by 
Her  M:;j;'sty  th«>  i^ueeu  of  Great  Britain. 

Pending  a  dirt'ereit  arrangement  on   tho  subject,  tho  United   States  Govornaiciit 
engages  to  give  all  jiroj/er  orders  to  otlicers  in   its  employment ;  and  Her  Hrit.-vnni 
Majesty's  Government  enj^ages  to  instruct  tho  proper  coloui.il  or  other  British  orticeis 
to  abstain  from  hostile  ai^ts  against  British  and  United  States  tishermen  respectively. 

This  protocol  was  ottered  by  Mr.  Seward,  as  a  modus  rirendi,  tiflor  tlio 
termiuatioH  of  the  treaty  of  18."»l  Imd  thrown  us  back  upon  thatof  IS18 
as  to  our  llsbery  n<jhts.     lie  ottered  it,  also,  for  acceptance  by  Ciieat 
I'vitain  as  tho  basis  of  a  tiew  treaty  of  interpretation  and  ropnlatioii  of 
those  ri^dits.  ^ 

Mr.  Seward's  recommendation  of  antixed  comndssion,  (1)  "toajjrt'c 
upon  and  define  by  a  series  of  lines"  the  tisliin;;  limits,  in  conformity 
with  the  tirst  article  of  the  convention  of  1818;  (2)  "to  ayree  upon 
and  establish  such  repnlalions  as  may  be  necessarj'  and  proper  tosecu-.e 
the  lishermen  of  the  I'nited  States  the  privilege  of  enterinfj  bays  and 
harbors"  under  the  proviso  to  tho  treaty;  ami  (3)  *'to  agree  upon  and 
recommcJid  the  penalties  to  be  adjudged,  and  such  ]»roceedings  and 
jurisdiction  as  may  be  necessary  to  se(Mir<^  a  .^peetly  trial,"  etc,  ''toi 
violations  of  rightj*  ami  transgressions  of  limits  ami  n'strictions,'''  etc., 
indicates  an  earnest  apprehensi»>n  on  his  part  tkat  no  Hvitlcmcnt  eonld  k 
reached  by  ordinary  negotiatiom;  that  tlie  treaty  could  not  be  aiiiifiil'ly 
kept  unless  it  was  anuMuled;  and  that  the  amt'iidinents  he  propi'sed 
wuidd  euro  the  defetlH  of  the  indelinite  descri[>tion  of  the  ri'jhtu  itnd 
restrictions  and  Jishintf  /,»it/«that  were  too  generally  stated  in  the  treaty 
ul  1818. 


THE    FISHERIES    TREATY. 


G9 


lo  of  tho 
ii»o(l,  anil 

lii'Diicr  to 
I  iuul  iiar- 
iircliPNini; 
ictions  as 
.nvcntiou 

Hllch   1)10- 

jrcsHion  of 

oh  iiifiy  l»o 
t,  until  so 
1'  QiU'eu  of 
fccpted  by 
itc,  and  by 

iivt^rnmoiit 
•  I5i-it:'.i»nu- 
IIhI".  oflici'is 
sppctively . 

after  tlie 
of IS18 

>y  (Iri'iit 
iitioii  of 


toajjive 
it'oriiiity 
CO  upon 

>  .seciive 
)iiys  anil 

11)11  and 
11  "[s  and 

tc,  "for 
;i.s',"  etc., 

couhl  he 
uuical'ly 


i| 


proposi'tl 
rjhts  and 
lie  treaty 


IIo  saw  the  increasin*?  dangor  of  the  situation,  and  came  boldly  for- 
ward to  provide  against  its  results. 

The  cordial  niantier  in  which  tlies*'  three  luopositions  wore  then  re- 
ceived by  the  Ihitish  Government,  as  a  basis  of  ajireeinent,  inspired 
the  efforts  of  the  present  a«lniinistration  to  renew  the  ne;;otiatiou  on 
tlii.s  plan  as  the  basis  of  a  new  treaty. 


ly. 


MKASIJRES  OF   HOSTILITY,  EITHER  COMMERCIAL  OR  ACTUAL,  ARE  NOT 
rREFERABLE  TO  THE  TREATY  BEFORE  THE  SENATE. 

Tiie  undersi<;ned  have  fouiul  no  opinion  expressed  by  any  of  our 
diplomatists  in  their  oftiiMal  correspondence  that  the  proper  interpre- 
tiition  of  article  1  of  the  tresity  of  1818  could  be  otherwise  secured 
thai;  by  a  further  agreement,  as  to  its  nu'aning,  between  the  treaty 
powers. 

It  \vc  demand  a  still  more  favorable  agreement  than  that  presets  ted 
in  this  convention  now  under  consideration,  we  shall  probably  en- 
counter many  more  years  of  controversy  and  negotiation  befoie  a  ijotter 
n'stilt  can  be.rciched. 

If,  laying  aside  all  treaty  agreements,  we  attempt  to  coerce  a  better 
understanding  ami  less  grievous  pnictiees  thiin  we  have  already  suf- 
tered  through  commercial  retaliation,  we  shall  lind  that  the  «50st  to  our 
own  people  is  far  greater  than  the  entire  value  of  the  fisheries. 

If  we  resoit  to  war,  or  to  measures  that  may  lead  to  hostilities,  upon 
what  precise  deiinitioti  of  our  rights  and  grievances  will  we  juscify  such 
{,'i'ave  proceedings,  either  to  our  own  jieople,  or  before  the  nations  of 
thccarth  *  \Ve  believe  that  lU)  man  can  safely  venture  to  formulate 
>^ii(h  a  declaration. 

I'nless'we  can  clearly  state  the  causes  that  justify  a  war  for  the  re- 
dress of  grievances,  or  the  clear  definition  of  the  right  we  seek  to 
assert  or  defentl,  we  have  no  right  to  subject  the  country  to  the  perils, 
<»r  even  the  apprehensions,  of  hostilities. 

it  has  never  been  stated  by  any  administration,  «>r  diplomati  «t,  or 
hy  Congvess  timt  any  <uie  case,  or  that  nl'  the  cases  that  have  giowu 
out  of  our  disputes  with  dreat  Britian  about  the  treaty  of  1818,  gave 
a  inst  ground  for  retaliation,  reprisals,  or  war. 

Till'  untlersigned  think  it  can  not  be  safely  denied  that  in  article^  10, 
1-N  13,  and  14  of  this  treaty  we  have  gained  advantages  and  privi- 


m 


70 


THE    FISHERIES    TREATY. 


leges  of  a  very  iinportant  cliaracter.  In  them  is  fouiul  the  lull 
conc288ion  of  every  clsiitu  to  tisUiu}?  ri<rhta  we  have  over  iniuio,  as 
being:  within  tlie  letter  or  the  spirit  of  the  tiraty  of  1818  that  is  now  of 
any  practical  value ;  and  the  methods  provided  for  their  adniinistri. 
tion  are  quite  as  satisfactory  jis  any  we  have  ever  claimed  under  our  in- 
terpretation of  that  treaty.  For  convenience  of  reference  we  insert 
those  articles  in  this  paper,  as  follows: 

.  AinicLK  X. 

United  States  tish'in^  vessels  «Mitoriii){  the  hays  or  harborw  rcfurretl  to  ia  Article  I  of 
this  treaty  xliall  conform  to  harbor  regnhitioim  rominon  to  them  and  to  fishinrj  vcsfiek  of 
Canada  or  of  ycirfoiindfand. 

Thei/  need  not  report,  enter,  or  clear  when  imttiii);  int<>  siicli  bays  «)r  harbors  for  hIkI. 
ter  or  repairing  dr.magei,  nor  when  inittiiig  into  the  same,  onlaide  the  Umita  of  CHlahlished 
ports  of  entrg,  for  the  purpone  of  purchasing  trood  or  of  obtaining  water;  except  that  any 
such  vessel  remaining  more  than  twenty  four  hourg,  exchisive  of  Siinilays  and  U>j;al  hol- 
idays, within  any  such  l>ort,  or  communicating  with  the  shore  therein,  may  he  required  to 
report,  enter,  or  clear;  and  no  vess*'!  shall  be  excused  hereby  from  giving  due  informa- 
tion to  boardiii;ij  otb<'ers. 

They  shall  not  be  liubb'  in  any  huiIi  bays  or  harbors  for  eonipulsory  i>ilota.<ro;  nor, 
when  therein  for  the  purpose  of  shelter,  of  reuairing  damages,  of  purchasing  wood, 
or  of  obtaining  water,  nhall  they  be  liable  for  harbor  dues,  tonnage  diicji,  buoy  dues,  light 
duet,  or  other  similar  duex;  but  thin  enumeration  $hall  not  permit  other  charges  inconsiKleut 
with  the  enjoyment  of  the  liberties  reserved  or  secured  by  the  Convention  of  October 
8(1,  1818. 

'■  Akticlk  XI. 

United  States  fishing  vessels  entering  the  ports,  bays,  iitnl  harl)ors  of  the  Eastern 
and  Northeastern  coasts  of  Canada  or  of  the  coasts  of  Newfoundland  under  »lnx^of 
weather  or  other  catua'ty  may  unload,  reload,  tranship,  or  sell,  suVtject  tucustoins  laws 
and  regulations,  all  fisli  on  board,  when  such  unloailtng,  tranHhipnteut,  or  male  in  made 
necessary  as  incidental  to  repairs,  and  may  replenish  outjils,  provisions,  and  supplies  dam- 
aged or  loKt  by  disuMter  :  ami  in  case  of  death  or  sickness  shall  bo  allowed  all  in'edln) 
facilities,  intluding  the  shipping  of  crews. 

Licenses  to  purchiise  in  establi.shtMl  ports  of  entry  of  the  aforesaid  coasts  of  Canada 
or  of  Newfounillan<l,/(>r  the  homeward  voyage,  such  provisions  and  supplies  lis  aro  ordi- 
narily sold  to  trading  vessels,  shall  be  granted  to  rniled  Slates  Jishiug  vessels  in  such 
ports,  promptly  upon  application  and  without  charge;  and  such  vesstds  having  olitaiiifd 
licenses  in  the  manner  aforesaid  shall  also  bo  a^-corded  upon  all  occasions  such  faoil- 
itiea  for  the  purchaHc  (.f  casual  or  needful  provisions  and  supplies  as  are  ordinarily 
l^rantcd  to  the  trading  vessels;  but  hucU  provisions  or  supplies  shall  not  be  obtained 
by  barter,  nor  purchased  for  resale  or  tradic. 

Aurici-K  XIII. 
The  Secretary  of  the  Treasury  of  the  United  States  shall  make  regulations  provid- 
ing for  the  conspicuous  exhibition,  by  every  United  States  Ashing  vessel,  of  its  ofticial 


THE    HSIIERIES    TRERTY. 


71 


immlHT  on  each  bow  ;  and  uuy  tiich  vchs*-!,  riMiuirod  by  law  to  have  an  official  mifti- 
bcr,  anil  tailing  \o  comply  witli  such  ro^^ulationH.  shall  no^  bo  entitled  to  the  liceusos 
priiviiU'd  for  in  t.'us  trcatj-. 

Such  lojjnlationM  shall  be  conimiinicatbd  to  Her  Majesty's  Government  previonuly 
totlioir  taking  ctlect. 

Aitrirt.K  XI v. 

Tilt)  I'enalties  for  uiilaw/ulli/  Jli*Uhi<i  in  the  waters,  bays,  creeks,  and  harbors, 
leftm'd  l«  in  Article  I  of  this  treaty,  may  extend  to  forfeiture  of  the  boat  or  vessel, 
and  ai>i)nrtenanees,  anil  also  of  tlie  supplies  and  iirgo  aboard  wiien  the  oflense  was 
rmiimitteil :  ixutl/or  prrjiariiKj  in  siieh  waters  t'>  iiiiluu/iiUij Jhh  tlivrcin,  jienaUies  shall 
bt'iixed  by  the  court,  not  to  exceed  those  for  unlawfully  fisliing;  and  (or  any  other 
r'lolation  of  the  laim  of  (ireal  lirilahi,  Canada,  or  Newfoundland  relating  to  the 
right  of  lishery  in  such  waters,  bay.>«,  creeks,  or  harbors,  penalties  shall  be  fixed  by 
ihe  court,  not  escrrdlng  in  dl  three  doVara  for  vvenj  ton  of  the.  Itoat  or  via»el  (oneerned. 
Till'  liiiiit  or  v«'sst'l  may  be  holden  for  suidi  jieualties  and  forfeitures. 

Till'  luiiceedings  shall  be  suninniry  and  as  inexpensive  as  practicable.  The  trial 
texcept  on  appeal)  shall  be  at  the  place  of  detention,  unless  the  judge  shall,  on  re- 
iliiestof  the  defense,  order  it  to  be  held  at  sonus  other  place  adjitdjivd  hij  htm  more  con- 
mieHt.  Security  for  "losts  shall  not  be  required  «)f  the  defense,  except  when  bail  is 
mlert'tl.  Keascunible  bail  shall  be  accepted.  There  shall  be  proper  appeals  arni/aftJe 
/'/  till'  diftiise  only  ;  and  the  tvidnice  at  the  trial  ma;/  he  used  on  appeal. 

Jiiil;;nients  of  forfeiture  shall  be  revicwtul  by  the  Governor-(jeneral  of  Canada  in 
(iiiuicil,  or  the  governor  in  council  of  Newfoundland,  before  the  same  are  executed. 

Wo  accord  (in  Article  12)  to  tlie  tisliiiiy;  vessels  of  Canada  and  New- 
loiindlaiMl  the  same  privileijiH  on  tlie  Atlantic/  coasts  of  tlie  United 
States  that  are  secured  to  our  fishinff  vessels  by  this  treaty',  without 
.K'.mitliiijjf  them  t«)  lish  within  .'}  miles  of  the  coasts  of  the  bays, 
Imrhors,  or  creeks  alonj;'  that  seacoast. 

This  treaty  secores  to  our  fishernjen  the  f'ee  navigation  of  the  Strait 
iifCiiiiso. 

Article  15  secures  to  us  the  option  to  acquire  very  important  codi- 
inireial  privilej'es  to  our  ll.sherinen  whenever  Congress  shall  conclude 
that  they  are  wortli  the  money  that  wo  may  otherwise  collect  in  duties 

1)11  lis)  I. 

•oiigress  may  never  make  this  concession  ;  but  the  power  to  ac<iuire 
these  privileges,  as  pcriniinent  treaty  rights,  may  become  very  valuable 
tons  when  the  diminishing  products  of  the  llsherit.s  iu  the  waters  ad- 
jacent to  the  eastern  coasts  of  the  United  Statt;^  and  of  Canada  ami 
.Vwlbiiiidland  increase  in  vilue,  l>e(;ause  they  will  be  required  to 
supply  the  nee«ls  of  1(M),<)(H),(HK)  of  i>eople  in  the  United  States  and 
'''MKM>,(KK)  of  people  in  the  Dominion  of  Canada. 


72 


THE    FISHERIES    TREATY. 


This  article  is  suffj^estcd  l)y  a  wise  foroiiast  of  the  future  necessities 
of  our  tisheriin'ii,  as  well  as  those  of  the  people  of  the  United  Statos, 
when  our  i)()pulation  is  trreatly  increased,  and  the  supply  of  food  is  to 
be  distributed  to  suidi  a  vast  multitude  of  poojile  that  the  allowance 
j)er  capita  J  will  be,  accordingly,  diminished. 

The  treaty  now  before  the  Senate  is  one  of  reciprocal  concessions. 

The  unconditional  concessions  to  the  lishermen  are  not  strictly  com. 
mercial,  but  they  give  them  great  assistance  in  their  business  and  in 
the  means  of  relieving  any  distress  which  niav  befall  them. 

Can  we  ever  hope  to  engraft  on  the  treaty  of  1818  any  new  agree. 
ment  for  coniiuercial  privileges  to  t)ur  fishermen  without  giving  an 
equivalent  in  some  liberty  or  ]>rivilege  that  (ireat  Ibitain  will  claim  for 
her  lishermen  ? 

This  question  is  answereil  by  the  fact  that  we  renounced  in  1S18  tlie 
best  part  of  the  tisheries  that  were  of  the  fruits  of  the  war  for  independ- 
ence in  order  to  make  the  ri!sidue  a  permanent  right;  and  in  IS.lt  and 
1871  we  agreed  to  i>ay  heavily  for  a  temporary  susi)ension  of  the  restric- 
tions and  limitations  of  the  treaty  of  1818. 

AVe  have  made  (bur  lislnMies  treaties  with  (ireat  IJritain,  in  1783, 1818. 
185-1,  and  1871,  and  in  none  of  them  has  any  commercial  i)rivilcge  been 
secured  to  our  lishermen.  No  serious  eflort  has  been  made  to  secure 
such  jirivileges  pr'or  to  the  negotiation  now  before  the  Senate.  All 
that  we  have  heietofore  si'curcil  to  our  lishermen  has  been  the  privilejje 
of  inshore  lishing,  of  curing  and  drying  lish  on  certain  parts  of  tiie 
IJritish  coasts,  niore  or  less  restricted  and  changed  in  cuvh  successive 
treaty,  and  the  right  to  buy  wood,  obtain  water,  make  repairs,  and  lind 
shelter. 

Now,  wo  find,  according  to  the  testimony  of  everybody  concerned,  and 
the  thoroughly  consideretl  report  of  our  Committceon  Foreign  Kelations, 
made  after  a  searching  investigation  conducted  upon  our  coasts,  and 
vii)on  the  testimony  of  experts  laid  btdbre  tln^  Senate,  that  the  inshore 
fisheries,  for  which  we  have  |»ai«l  antl  sulfertMl  so  much,  are  of  no  value | 
to  OS,  and  that  the  privilege  of  purchasing  bait  from  the  Canadians  is 
an  injury  to  our  lishing  interests  rather  than  a  beneflt. 

These  declarations,  which  were  true,  show  that  nuiny  of  the  conten- 
tions an<l  strifes  we  have  had  over  this  subject,  for  seventy  years,  liavei 
been  about  a  claim  of  rights  and  privileges  that  are  no  longer  of  anvj 
advantage  to  us. 

They  prove  that  v.e  need  only  such  advantages,  or  privileges,  for  •"•t 


THE    FISIIERIlvS    TRKATY. 


73 


tislu'iiiu'ii  on  tlu*  (Janadijin  coasts  as  aro  eiijoytvl  by  our  niercliaiit  ves- 
sels, ami  iliat  these  are  not  very  important  to  tlieni. 

PiMseseininjv  lias  revolutior.i/.ed  the  mackerel  fishery  almost  entirely, 
and  has  larjjely  allVeted  the  herring  li.'ihery,  and  has  given  toour  fisher- 
meii  great  advantages  in  "the  catch."  IJnt  Canadian  capital  and 
energy  will  not  long  permit  ns  to  do  all  the  purse  or  deep-water  seining. 

The  freezing  of  lish  on  shipboard,  so  as  to  get  them  fresh  to  our 
markets,  is  of  recent  date,  but  M  a  very  important  change  in  the  lish- 
iiig  business.  In  this  the  Canadians  have  no  greater  advantages  than 
our  tlshermen. 

These  two  Improvements  ia  the  tishing  business,  with  tlie  added 
power  of  steam,  which  has  been  applied  to  sea  navigation  since  1818, 
hiive  produced  the  revoluti*..  these  pursuits  which  renders  it  more 
convenient  to  have  comnicKnal  rights  for  some  of  our  tishing  vessels, 
but  has  removed  the  necessity  to  have  lishing  privileges  within  three 
miles  of  any  of  the  coasts  or  in  the  bays  of  the  British  i)ossessions 
that  are  not  classed  as  great  arms  of  the  soa. 

'flic  history  of  the  controversi(!S  that  have  found  a  final  solution  in 
the  treaty  now  before  the  Senate,  and  the  explanation  of  the  bearing 
of  the  treaty  ui)ou  those  questions,  are  so  clearly  and  ably  stated  by 
lion.  W.  L.  I'utnam,  in  a  letter  dated  April  10,  188S,  that  we  apjiend 
it  to  this  rei)ort  (Ai)]>endix  E). 

Mr.  Tutnam  being  one  of  our  plenii)otentiaries  who  negotiated  this 
treaty,  his  review  of  the  diplomatic  a'.id  legislative  hi.Uory  is  an  impor- 
tant exposition  of  the  merits  of  this  subject. 


m 


V. 


THIS    TliEATY    UOMPAKED    WITH     THE    COMMEKCIAL    AKRANGEMENT 
STVLED  "THE  KECIPROCITY  OF  l(;aO." 

This  treaty  proposes  liberal  reciprocity  to  us,  confined  to  lishing  in- 
terests, and  giv«»s  us  all  the  time  we  may  choose  to  claim  in  which  to 
consider  our  best  interests  and  determine  wheth"r  we  will  accept  or 
reject  the  overture. 

The  right  of  choosing  between  this  prolfered  commercial  reciprocity 
and  the  privileges  accorded  to  us  under  what  is  termed  "the reciprocity 
of  1830"  is  a  decided  advantage  in  favor  of  our  fishermen. 

The  products  of  our  fisheries  in  Canadian  waters  are  »iot  permitted 
to  cuter  Canadian  ports  uu  any  ships  of  the  United  States  by  the  Brit- 


74 


THE    FISMKRIKS    TREATY. 


isli  proclamation  of  Xovomber  5,  1830.  That  proclamation  declares 
''that  the  ships  of  and  belonj^inj;  to  the  said  United  States  of  America 
may  import  from  the  United  States  aforesaid  into  the  JJritish  posses- 
sions abroad  goods  the  jtroduce  of  thofie  States^  and  may  export  jjoods 
from  the  llritish  possessions  abroad  to  be  earrie<l  to  any  fon'i<;n  conn- 
try  wliatever.'' 

This  cannot  apply  to  (ishery  products  taken  or  purcliased  in  the 
Canadian  waters  or  ports,  and  was  not  intended  in  any  manner  to 
add  to  the  four  purposes  for  which  our  l\shermen  may  enter  Canadian 
ports  under  the  treaty  of  1818,  as  we  understand  that  proclanuition,  or 
to  repeal  that  treaty. 

This  ])roclamation  was  a  month  later  than  that  nnido  by  President 
Jackson,  ami  was  the  IJritisa  resjmnse  to  our  pro(!launition,  under  which 
♦•British  vessels  and  their  carf^oes  are  admitted  to  an  entry  into  the 
ports  of  the  United  States  from  the  islands,  i>roviuces,  ami  (polonies  of 
Great  IJritain,  on  oc  near  the  North  American  continent  and  north  or 
east  of  the  United  States."  The  full  text  of  these  proclamations  is 
hereto  appende<l  as  Appendices  A  and  B. 

These  prodanmtions  set  forth  the  entire  concurrent  action  of  the  two 
Governments  (which  is  called  the  reciprocity  of  18o0).  There  iiaving 
been  no  change  in  the  situation  since  that  time,  that  is  "the  reciprocity" 
which  still  exists,  as  nnitter  of  law. 

The  broad  liberality  of  our  concessu)n  is  in  very  striking  contradt 
with  that  of  Great  Britain;  but  we  have  live<l  umler  this  ine(pnility  ot 
rights  for  more  than  tifty  years,  without  a  serious  protest  until  witliin 
three  years,  and  the  comi)laint8  we  have  made  arose  from  the  British 
construction  of  our  lishing  rights  and  not  of  our  commercial  rights 
under  that  reciprocity. 

Our  tishing  vessels  are  equally  barred  (under  the  British  contention) 
by  the  treaty  of  1818,  and  by  the  British  proclamation  of  November  "), 
1830,  from  entering  their  ports  with  cargoes  of  fish  taken  in  Canadian 
waters,  without  reference  to  the  rights  to  touch  and  tra«le  or  to  any 
other  commercial  charaiiter,  that  we  may  give  them  under  our  laws. 
To  gain  these  rights  for  our  fishermen,  we  have  a  choice  of  grave  al- 
ternatives. 

But  the  cost  of  the  naval. and  military  prepiu'ation  that  would  he 
necessary  to  give  confidence  to  our  own  people,  in  supporting  any  ex- 
treme demand  or  stringent  measures  connected  with  this  subject,  would 
bo  greater  than  the  whole  value  of  these  fisheries  for  the  next  hall 
Century. 


THE    FISHERIKS    TREATY. 


75 


VI. 


Tin:  rK'KSIDENr  has  only  PKUFOUMEn  A  PLAIN  DUTY,  IN  THE  INTER- 
1.STS  OF  ALL  THE  I'EOI'LE  OF  THE  UNITED  STATES,  A  \T)  TO  THE  SEN- 
ATE I?'  LEFT  THE  RESFONSIIULITY. 

Tlic  iiiideisififiuMl  <1()  not  lind  it  nocessiiry  to  answer  in  dolaii  the 
various  objectioiiM  urj^od  in  conjuiittcc  by  tlio  Senators  opposed  to  tlio 
ratification  of  this  treaty,  because  no  ainendniont  was  ottered  to  indi- 
cate that  the  treaty  could  be  so  improved  as  to  gain  the  support  of  any 
iiieinber  of  the  majority  of  the  (U)nunit  tee. 

The  uiidersifjiied  understand  that  tlie  dissent  from  this  nej,'otiatiou  is 
directed  to  it  as  an  entirety.  Tliis  «lissent  is  based,  in  part,  upon  the 
(ipinion  of  some  members  of  the  majority  that  tlie  President  should  not 
li.ive  entered  upon  any  negotiation,  in  view  of  the  resolution  adopted 
by  the  Senate  on  the  3d  day  of  February,  1880,  and  the  opinion  of  Con- 
I,'res8  as  it  was  expressed  in  the  non-intercourse  act  approved  March  3^ 
1SS7.    That  resolution  is  as  follows: 

HfHolved,  Tlmt  in  tho  opiniuii  of  tlio  Sonuto  the  iippointment  of  u  coiiiini88i(m,  ii» 

which  the  OovernmoiitH  of  the  Uuitod  Stat<!s  and  Great  Britain  sliall  \ni  represented, 

Imr^jed  with  the  consideration  and  settlernunt  of  the  fishinij  rij^hts  of  the  two  Gov- 

iniiiicnts  on  the  eoast.sof  the  United  States  and  l?ritish  Xortli  America,  on^lit  not  to 

li''  iirovided  for  by  Conjjress. 

Tliis  resolution  related,  as  we  understiuid  it,  solely  to  the  question 
wliether  such  negotiation  should  be  eondin^ted  by  commissioners,  under 
III  act  of  (Congress,  or  by  the  President,  under  his  constitutional  power 
to  make  treaties. 

Tlie  Senate  ailhered  to  its  constitutional  power  to  ratify  or  reject  a 
treaty,  and  insisU  "I  that  the  President  should  make  any  negotiation  he 
ini^'lit  see  lit  to  conduct  in  such  form  anil  under  such  coiulitions  that  the 
power  of  the  Senate  over  such  subjects  »hould  not  be  interfered  with. 

Tlie  retaliatory  act  of  Congress  above  mention*.Hl  was  not  intended, 
iiul  could  not  have  been  intended,  to  instrjict  the  President  tas  to  the  will 
of  the  legislature  in  a  matter  over  which  Congress  has  no  authority — 
tlic  negotiation,  ratification,  or  promulgation  of  a  treaty. 

Congress  has  the  right  to  declare  that  in  some  or  all  of  the  hun- 
'Ireilsof  cases  that  have  occurred  in  which  the  treaty  of  1818  has  been  in 
'I'lfstion,  it  has  been  violated,  and  that  retaliation,  reprisals,  or  war 
Jiliall  follow  such  abuses  until  they  are  compensated,  and  they  shall 
cease.    Such  a  declaration  as  to  the  violation  of  the  treaty  was  dis- 


Wi'l 


7G 


THE    FISIIEKIES    TKEATY. 


tinclly  m.ido  in  tlio  report  of  t!ie  StMiiUo  Cointnittee  on  Foioifjn  l{ela 
tions,  on  tlui  IDtliof  .lanniiry,  IHST.  Wo  (luoto  IVoin  tliat,  report,  ns  to]. 
lows : 

It  will  1»«>  s«'on,  from  tho  corrt>s|tt>iu1i'iict>  uinl  imptTH  Huhiiiitti*<l  liy  the  l'ii>si(lciit, 
ill  liis  mi'ssaiii'  on  tlu>  sii  f,  of  tlm  Htli  of  Ut^comlxT  last  (Ex.  Doc.  No.  lit,  I'orty- 
ninth  Congros^  Hi-cond  Ho»«ion),  and  froir.  the  toMtiniony  tiik»>n  by  tin?  (•oiuiiiitttc. 
that  HoniH  of  tliusu  inHtnnces  of  Hoiziire  or  detnntion,  or  of  driving  vonhcIs  iiway  liy 
threatH,  otc,  worn  in  cli-iir  violation  of  tho  treaty  of  ISIH,  and  that  otht-rs  were  on 
audi  Hlciider  and  technical  gioiiinU,  cither  hh  applioil  to  tlshing  rights  or  coiiiintMvial 
rightH,  IIS  to  niaki'  it  iinjiossibic  to  liclicvc  that  thoy  were  niadt^  with  the  lar^jo  iiiid 
just  object  of  i)roiccting  MiiltstaMtial  rijihts  against  real  and  substantial  invasion,  luit 
mnst  have  Itccn  made  cither  under  the  stininlns  of  the  cnpidity  of  the  seizing  drtlct'i', 
Nharpened  and  made  safe  by  the  extraordinary  legislation  to  which  the  comniittfulmN 
referred,  whereby  tlio  seizing  otliccr,  no  matter  how  nnjust  or  illegal  hin  proceduii' 
may  have  been,  is  made  pr.icticuHy  secure  from  thu  necessity  of  uniking  substiiiilial 
redress  to  the  party  wrongeil,  or  of  pnnishinenf,  or  else  they  must  have  arisen  IVimii  a 
systenntli)!  disposition  on  the  part  of  the  Dominion  authorities  to  vc\  and  liarais 
American  tishing  and  other  ves.s4ds  so  as  to  jtrodnce  such  a  statu  of  emb.-irriutsimni 
and  inconvenience  with  respect  to  intercourse  with  the  provinces  as  to  coerce  the 
United  States  into  arrangements  of  general  reciprocity  with  the  Dominion. 

15ut  Conjji'es.s  did  not  follow  tip  this  l)oK»  dot'laration  of  that  coiimiit- 
tee  with  a  demand  for  rediess,  or  with  any  provision  of  law  that  was 
based  upon  the  fact  that  tue  treaty  of  1818  ha«l  been  violated  by  Great 
Britain.  It  was  onr  coniinercial  ri<;ht.s  that  Congres.s  nndertook  topni- 
tect. 

The  committee  did  not  ask  the  Senate  to  pa.ss  a  bill  that  wotdd  com- 
mit the  country,  if  it  should  become  a  law,  to  a  state  of  actntil  hostility 
towards  rJreat  Britain,  or  even  to  a  firm  declaration  that  (ireat  IJritaiii 
had  violated  the  treaty  of  1818  in  the  manner  and  with  the  niotive> 
stated  in  the  foregoing  extrjvct  from  their  report. 

Congre.ss  was  either  satistied  that  no  occiasion  had  arisen  which  would 
justify  decisive  measures,  such  as  retaliation,  reprisals,  or  war,  in  resent 
mentfor  any  actnil  violation  of  the  tretity,  or  else  it  sought  to  evadi' 
its  just  responsibility  to  the  country  by  increasing  the  powers  of  the 
President  to  retaliate  oji  liritish  commerce,  and  by  throwing  upon  liim 
the  responsibility  of  deciding  whether  the  "recent''  conduct  of  that 
Government  and  of  the  provinces  demanded  of  the  United  States  that 
any  retaliation  should  be  i>rocIaimed  and  enforced. 

The  House 'of  llepresuntatives  demainled  broader  powers  for  the 
President  than  the  Senate  would  agree  to,  but  both  houses  hastened  to 
dov^olve  upon  him  the  decision  of  the  whole  question  of  our  treaty  re- 


THE    FISHKRIKS    IKKATY. 


77 


l.itions  with  Groat  Ilritaiii,  ami  jj:avo  him  the  discretion  to  t'inph)y  all 
iii'ct'ssary  moans  to  put  his  docision  in  loroe. 

'["his  is  tho  hiw  that  Con;,aoss  ona«!to«l  to  moot  that  a{:fj;ravato(l  state 
of  alVairs,  as  doscrihod  in  the  i-oport  of  tho  Sonato  oommittoci : 

AN'  ACT  to«iitlu>ri/.e  tlio  rri'Hiili-nt  iiftlio  I'liltoil  Stiitt-H  to  proU-tt  nml  dofimd  llio  rijjlits  orAiiurl- 
I'.iii  ti-'liinK'VOMBi'l.'i,  American  llNlii>rini<ii,  AiiuMican  triulitiK  itnil  ntlitu'  roHi4uls,  In  imrtiiin  caHcs,  and 
r..r  otlipr  ptirpoKCii. 

//(  it  niuvled  by  the  Senate  and  Ifounc  of  Jlt^priHentatirea  oJ',the  United  Statex  of  America 
III  t'oH(/r<««  usucmhleti,  Thiit  wlieiii-viT  tlio  rn-Nidoiit  of  the  Unit««l  States  »haU  be  Hat- 
>iii!(l  that  Aim«rU'an  llHhiiig  vcshcIh  or  American  li.sht'niu'n,  viHitin^  or  beinjj  in  tlio 
natcrs  or  at  any  portH or  iilaccsoCthi'  Ibitish  iloniinions  of  North  America,  arc  or  then 
.itily  liavn  1m'»>ii  (h>nic(l  or  ahridj^cd  in  tiic  enjoyment  of  any  ri^iits  He»iireil  to  them 
!•>•  treaty  or  huv,  or  are  or  then  hitely  liave  [been]  unjustly  vexed  or  IiarasHcd  in  the 
.iijoyiuent  of  sncih  rishts,  or  Knbjeetcd  to  unreasonable  restrietioiiH,  rejjulations,  oi 
ir(|iiirement8  in  reNpeot  of  Huch  rijjhts;  or  otherwise  unjustly  vexed  or  iiaraHsed  in 
-aid  waters,  jiorts,  or  i)hiees;  <.r  whenever  the  I'resiib-iit  of  tlie  United  States  sliall  bo 
Mitislit'd  tliat  any  Hiieh  lishiiii^  vessels  or  fishermen,  iiavinj;  a  j>ermit  under  the  laws 
if  tlie  United  States  tt»  touch  and  trade  ut  any  port  or  ports,  place  or  places,  in  tlio 
IliitiNh  dominions  of  Nortli  America,  are  or  then  lately  have  been  denied  the  privilege 
if  entering  such  port  or  ports,  place  or  places  in  the  same  manner  and  under  the 
s.uiio  regulations  as  may  exist  therein  applical>le  to  tra<liu^  vessels  of  tlie  moat  fa- 
vored  nation,  or  shall  be  anjustly  vexed  or  harassed  in  respect  thereof,  or  otherwise 
111'  unjustly  vexed  or  harassed  therein,  or  shall  be  prevt»nted  from  itiircliasing  such 
Mi[iiiliis  as  may  there  be  lawfully  st)ld  to  trading;  vessels  of  tho  most  favored  nation; 
111-  whenever  the  President  of  the  United  Slates  shall  be  satisfied  that  any  other  ves- 
-tls  of  the  United  States,  their  mastt-rs  or  crews,  so  arriving  a'  or  being  in  such 
liiiiisli  waters  or  ports  or  places  of  the  British  dominions  of  North  America,  are  or 
i!uii  lately  liavi?  been  denied  any  of  tho  privileges  therein  accorded  to  the  vessels, 
tlicir  masters  or  cnnvs,  of  ibe  most  favored  nation,  or  unjustly  vexed  or  harassed  in 
ii'si»'ct  of  the  same,  or  unjustly  vexed  or  harassed  therein  by  the  authorities  thereof, 
!ii>'ii,  and  in  either  or  all  of  such  cases,  it  shall  be  lawful,  and  it  shall  be  the  duty  of 

lie  I'resident  of  the  United  States,  in  his  discretion,  by  proclamation  to  that  effect, 
loiliiiy  vessels,  their  masters  and  crews,  of  the  British  dominions  of  North  America, 
liiy  entrance  into  the  waters,  ports,  or  places  of.  or  within  the  United  States  (with 
^u  li  exeeptiens  in  regard  to  vessels  in  distress,  stress  of  weather,  or  needing  supplies 
H  to  the  I'resident  shall  seem  proper),  wbetlier  such  vessels  shall  have  come  directly 
iiiini  said  dominions  on  such  destined  voyage  or  by  way  of  some  port  or  }>lace  in  snch 
''.t'stined  voyage  elsewhere :  and  also,  to  deny  entry  into  any  port  or  place  of  the 
I'liited  States  of  fresh  lisb  or  >a!t  fish  or  any  otlnr  product  of  said  dominions,  or 
ii; her  Koods  coming  from  said  dominions  to  the  United  States.  The  I'resident  may, 
in  his  discretion,  apply  sucli  juoelaniation  to  any  jiart  or  to  all  of  the  foregoing-named 
Mil.itd'ts,  and  may  revoke,  (|ualify,  limit,  and  renew  such  proclai  «ation  from  time  to 
time  as  he  may  deem  necessary  to  the  full  and  just  execution  of  the  purposes  of  this 
let.    Kvery  violation  of  any  such  proclamation,  or  any  part  thereof,  is  hereby  de- 

iared  illegal,  and  all  vessels  and  goods  so  coining  or  being  within  the  waters,  ports. 


i'l 


m 


78 


TIIK    riSHKUIKS    TKKATY. 


or  places  of  iho  ruitctl  Stnt«H  contrary  to  hiicIi  proolainntioii  Nhiill  bo  foitVitod  totlie 
United  Stutfs;  niitl  nucIi  forlVitiiro  hIihII  Ito  uiifurctMl  und  prorotMlud  u|tnii  in  tln^  ruiim* 
inanuer  and  with  tlio  Nainu  clVect  nn  in  thu  ciwe  of  vnititolH  or  n»rn\n  whomi  iiu|)iiitii- 
tion  or  loiidiif;  t<»  or  ln'iii;j  in  tlii'  wiittTs  or  jmrtH  of  ilir  I'nitfd  Htiitrs  iMtntrury  to  law 
iiii»y  now  lit"  I'lironod  and  itrocccdt'd  niioii.  I'",v«'ry  imtmoii  wIki  hIuiII  violate  anyot'tlic 
proviNioim  of  thJH  aet,  or  Hncli  proclamation  of  the  I'rehidont  made  in  purHiuuHe 
hereof,  Hhall  bo  deemed  K«>lUv  *'f  <*  misdemeanor,  and,  on  eonyictitin  thereof,  itliali  lii> 
pnniHhed  by  a  line  not  oxeeedin^  one  thonNanddollarn,  or  by  imprisonment  for  a  term 
not  exceeding;  two  yeari*,  or  by  both  Haiti  pnniNhmentH,  in  the  discretion  of  the  court- 
Approved,  Mareh:),  1887. 

Tins  law  rolatos  to  past  ofton.stis  as  woll  as  to  those  that  may  luMciiftcr 
occur.  As  to  past  oll'cnsos,  Con;;iTss  jibdicatcd  its  authority  to  doclaii' 
that  they  i'onstitiittMl  just  j^roumls  for  retaliation,  and  left  that  iiiiittcr 
solelj'  to  the  discretion  of  the  l'resi»lent  or  else  Congress  iMtciKk'd 
that  the  President  should  have  these  powers  to  meet  a  case  of  cmei- 
gency,  and  siiould  also  employ  his  constitutional  power  of  niakinn[ 
treaties  (which  Con;;rcss  could  not  control)  as  a  part  of  "  his  discre- 
tion" in  proviilinj;  i  way  throuj?h  which  the  evils  coinpluiued  of  should 
be  remedied. 

The  undersi<jned  can  not  implite  to  Con<;resM  that  its  purpose,  in  de- 
volvinj;  upon  the  Presi<lcnt  these  broad  discretionary  powers  ami  con- 
ilitional  duties,  was  to  forbid,  or  to  embarrass,  the  free  exercise  by  him 
of  his  constitutional  i)ower  to  make  treaties,  with  the  advice  and  cou 
sent  of  the  Senate,  or  that  these  extraordinary  powers  were  given  liiin 
to  enable  Congress  to  escape  its  just  responsibility  for  measures  that 
were  necessary  for  the  protection  of  the  honor  of  the  country  or  the 
interests  of  the  peoi>le. 

If  the  President  had  resorted  to  retaliatory  measures  against  Ciina. 
diau  commerce,  under  this  act  of  March  3,  J 887,  without  haviiif;  at 
tempted  any  negotiation  with  (ireat  Hriiain,  the  oi>en  way  that  was  in- 
dicated by  Mr.  Seward's  proctocol  in  18G.5,  to  which  we  have  referml, 
iuid  the  favorable  impression  it  made  on  the  British  Government,  would 
have  been  pointed  out  by  an  indignant  people  as  an  abandoned  oppoi 
tuuity  for  an  amicable  agreement  with  Great  Britain,  and  he  would 
have  been  amenable  to  just  censure. 

But,  aside  from  this,  his  duty  to  humanity,  as  well  as  to  his  country. 
torbade  him  from  exposing  the  interests  and  prosperity  of  0.5,000,01)0 ot 
people  to  danger,  by  hasty  or  extreme  measures  of  retaliation,  \vliil<!  it 
was  possible  to  reach  a  just  settlement  of  our  disputes  with  Great 
Britain  over  matters  that  concern  only  a  few  thousand  peoi>le,  who 


Tin;  nsiiKuiKH  tkkaty. 


79 


would  hi*  more  bouetUcd  by  8iieU  an  ii);r(;oineiit  tliaii  they  could  he  by 
rctiiliatory  linvs. 

Tlie  I'resiib'iit  has  Kiu'cciMU'd  in  niakiiij;  i)rovisioii  for  u  sctth'ineiit  nf 
tluvsu  h)n^-.stan«liii^  disputes  on  terms  that  are  just  and  reasonabU',  ad 
we  are  Hutisllod — u  much  better  settlement  than  iias  been  even  attempted 
licretofore,  and  om^  that  will  increane,  in  the  future,  the  liberality  of 
<M)iiMnen;e  with  ('anada.*  <      - 

If  the  Senate  shall  dec  line  to  ratify  this  treaty  there  will  remain  no 
<loiibt  that  it  assumes  all  the  res|)onHibility  for  what  may  hereafter  re- 
salt  from  the  pr<»i)er  employment  by  the  Tresidetit  of  the  retaliatory 
powers  that  Conjjress  has  conferred  upon  him. 

If  the  proper  use  of  those  powers  is  consider  eil  by  Great  IJritain  as  a 
violation  of  the  treaty  of  1818,  in  demanding;  for  our  tlshermen  ^jreater 
liherties  and  privilejjes  than  that  treaty  st'cured  to  them,  an<l  that  we 
are  en  fore  in  jj  that  demand  throu^jh  commercial  duress,  the  Senate  will 
also  take  whatever  res])onsibility  may  belong  to  that  situation. 

Con^-ress  dciilined  to  say  in  the  act  of  March  .1,  1887,  that  the  rifjhts 
of  American  fisheriueu  had  been  deni» d  or  abrid<i;e«l,  but  left  it  to  the 
President  to  determine  that  (|uestion.  If  this  treaty  is  rejected,  it  is  be- 
yond dispute  that  retaliatioi  is  the  oidy  means,  short  of  war,  by  which 
we  can  redress  our  wroujjs,  if  we  have  autfered  any.  The  Senate,  in  re- 
jtM'tin^  this  treaty,  will  alUrin  that  such  wronjjs  exist,  which  Con^res.4 
(lid  not  so  assert,  and,  becaiise  thereof,  will  force  the  President  to  pro- 
<Iaiin  non-intercourse.  , 


VIT. 

Tin:  I'KOTOCOL  TO  TIIK  TUEATV  IS  AN  HOXOUAHLI-:  AND  rRIKXDLY  OVER- 
TURK  OF  TIIH  BRITISH  (JOVERNMENT,  AND  8II0ULD  BE  ALLOWED 
TO  DEVELOP,  BY  ACTIAL  EXI'ERIEXCE,  WHETHER  THIS  TREATY 
WILL  BE  BENEFICIAL  TO  OIHJ  FISHERIES  AND  COMMERCE. 

In  view  »)f  a  possible  disagreement  between  the  Semite  and  Presi- 
tliMit  as  to  the  value  of  this  treaty  to  our  lishermen,  the  undersigned  re- 
spectfully call  the  attention  of  the  Senate  to  the  importance  of  postpou- 
iiifif  its  consideration  until  the  uext  December  session  of  Congress. 

The  protocol  to  the  treaty,  suggested  and  offered  by  the  British  pleui- 
potent'ariea,  tenders  to  our  tishermen  very  liberal  commercial  privileges 
in  Canadian  ports  for  two  years. 

This  overture  is  equivalent,  almost,  to  a  guaranty  that  during  this 
period  the  British  Government,  in  conjunction  with  the  provincial  gov- 


V  "I 

m 


80 


TIIK    IISIIKRIKS    TKKATY. 


eriMiuMit.H,  will  prevent tlio  rtHMirreiinoof  f ln>  liitiTtVreiicoH  with  our  lish- 
ertiioii  dliiit  liiivo  {;ivtMi  tluMii  hiicIi  scriotiH  <Iis(|iiiotii(h>.  It  will  ulsoput 
into  prm!tic»',  Mnl)st;intiully,  all  the  provisions  of  the  present  treaty,  ex- 
cept those  relating  to  tin*  delimitation  of  tlshiii;;  bonniiarius. 

A  single  fishing;  Neas(Mi,  under  su(;h  (roinlitions,  will  demonstrate  that 
this  treaty  is  a  failure,  or  else  that  it  is  of  great  value  to  the  country. 

The  advaiita*;e  of  hucIi  e.vpcricncu  is  inani4'est,  and  wo  shoidd  not 
rashly  trust  to  our  opinions,  which  must  bo  largely  eonjectund,  wIumi 
we  can  fortify  them  or  tlisprove  their  soundness  by  a  slunt  delay  ii» 
our  action,  which  does  not  couuuit  us,  in  the  least  degree,  either  for  or 
against  the  treaty. 

The  Hritish  (Jovernment  has  exerted  a  restraining  iuHuence  diiriii;,' 
the  whole  perit)d  sintie  ISIS  over  the  provin«Mal  governments  as  to  tli«'ir 
deiiiamls  aid  proceedings  under  that  treaty.  That  (Joverniuent  has 
eiH'ouraged  liberality  in  the  conduct  of  the  (isherruen  and  in  coiumer- 
cial  interchange  l>etween  the  United  States  and  \\m  provinces;  seeing 
that  tlie  prosperity  t)f  those  countri»is  greatly  depemled  on  such  a 
policy. 

It  has  not  been  an  easy  task  to  restrain  the  people  of  the  itroviiiecs 
to  a  course  of  moderation.  Political  reasons,  not  always  favor- 
able to  the  Crown,  and  the  jealousies  of  rival  interests  in  lishii)},' 
rights  hehl  in  coniinoii  by  tin*  people  of  two  countries,  and  even  tiie 
lingering  hatreds  engendere<l  by  our  Itevolutioimr^  war,  have  becii 
active  in  pronutting  discord  in  these?  cohinies.  (Iroat  IJritain  never 
before  had  so  capital  an  interest  in  fostering  the  l()yalty  of  the  ("aiia- 
diaus.  The  Suez  Canal  is  s<!arcely  more  iuiportant  to  the  interests  of 
that  Empire  than  the  Canadian  I'acillc  Hail  way. 

lint  other  interestH  of  the  most  important  chanuiter  inspire  tho 
Uritish  Government  witi  ;:n  earnest  purpose  to  cultivate  the  elostst 
friendshii*  with  the  peopi*  of  Canatla. 

It  is  evidently  tho  true  policy  of  tho  IJritish  Crovernujent  to  satislv 
the  peoi)leof  these  provinces  that  the  treaty  now  before  tho  Senate  will 
be  of  advantage  to  them,  because  of  the  additional  liberty  of  coniinerit^ 
thatit  extends  to  our  tlshermen ;  ami  this  was  doubtless  a  strong  indiuii' 
mont  to  that  Government  to  offer  voluntarily  to  ns  the  privileges  stated 
in  tho  protocol  to  tho  treaty. 

We  have  almost  as  great  an  interest  in  affording  to  our  people  the 
opportunity  of  a  practical  test  of  the  advantage  of  these  i»rivik'ges 
oiiered  in  this  protocol. 

In  matters  of  such  moment  we  can  not  juiitify  a  rejection  of  snch  ii 


THK    KISIIKKIKS   TRKATY. 


81 


|iro|io8ition,  not  rociuiriiij;  our  foniinl  acct'ptanco  to  mako  it  available, 
oil  tlu'  j;.'oiui(l  that  wo  could  not,  without  dishouor,  ]»orniit  Hin'h  a  <;our«o, 
ri'siilliu;;  iu  sudi  po.ssibh' advautajjrs  to  um,  even  foroiui  llshiufjsea.sou, 
1111(1  tlion  iv.ifct  tlio  treaty. 

Wo  havo  not  iu  any  way  iuvitod  or  KujrK*''*f*^«l  ^''i.«<  offer  of  the  Hritish 
(;i)v«'riunout,an«l  wo  aro  not  asked  to  aecept  it.  It  proposes,  for  u  time, 
to  liheralize  the  couiiuereial  privile;j:es  of  «mr  flshernieu  in  the  provincial 
ports,  for  reasons  satisfactory  to  the  Hritisli  (loverniiient. 

It"  wo  should  hasten  our  action  on  this  treaty  with  the  purpose  of  pre- 
vciitiuj;  an  etVort  of  tlru  (lovernnieiit  to  satisfy  Her  Majesty's  subjectH 
ilmt  a  liberal  policy  towanls  us  is  the  best,  or  even  of  convinciu}?  onr 
ln'0[ile  by  experience  that  su<!h  a  policy  is  also  best  for  us,  wo  wouhl 
near  ;:reater  discredit  by  such  action  than  «;ouId  possibly  attend  our 
ii'it'i'tion  of  the  treaty,  after  a  fair  Mial  of  the  IWitish  exp«'dient  i)re- 
st'iited  in  this  protocol  hiul  Hutistieil  our  peo]»lo  that  the  treaty  shouhl 
not  he  ratilied. 


m 


VIII. 

lili:  IIKADI.AM)  TiniOKY,  AS  Ari'LUAlSI.K  TOTIFK  1?AVS,  IIAKIJORS,  AND 
(KKKKS  THAT  AUK  CLAIMKI)  AS  Tr,IM{ITOKIAf.  WATF.KS,  MAS  NOT 
HKKN  AHANDOXKD  HY  TIIK  IJltlTISII  (JOVKRXMENT,  EXCEPT  IN  THIS 
rii'DATV.     IT  WAS  A  VITAL  QUESTION  WHEN   THIS  NEGOTIATION  WAS 

i;nteked  upon.  .      r  ? 

It  is  insihted  by  some  thatdreat  IJritaiii  had  abaiidofcd  the  head- 
laiid  theory,  and  that  it  was  obsolete  when  this  treaty  was  made. 

The  under.ifjneddonot  understaiul  that  thelJriti.sh  headland  thc^iy, 

•*  applied  to  the  bays,  harbors,  and  cnjeks  that  had  {jfeo;j:rai)hical  names 
mil  liiiiits,  anil  were  incsluded  by  liritish  or  provincial  laws  within  the 
local  jurisdictions  in  181S,  has  been  abandoned  by  (Jreat  Britain. 
Outside  of  a  limit  of  li  miles  from  the  headlands  of  such  indentations 
of  the  sea  coast  it  was  abamloned  as  early  as  1815,  in  the  case  of  the 
Aiiiorican  lishinjjf  vessels  that  were  warned  olf  the  coast  by  the  IJritisli 
iimii(»fwar  Josfn'Hr, 

Our  claims  could  not  be  fairly  predicated,  diplomatically,  on  such  an 
itlinission  l)y  Great  Britain  as  to  the  base-line  from  which  the  3-mile 
limit  is  to  be  measured. 

That  beinpf  still  an  open  question,  the  claims  of  either  side  were  a 
necessary  feature  in  the  negotiation  of  this  treaty. 

If  our  contention  was  indisputably  jimt^  a  perein{>tory  demand  for  its 
allowance  was  the  only  course  we  could  adopt.  Such  a  demand,  we 
S.  Mis.  109 G 


82 


THE    Fli^HKKIKS    TKKATY, 


belitno,  has  never  Ueen  foniially  made  by  this  (joveniiiienf.  < 'onjjrcss 
veitainly  has  never  anhineil  the  indisjnitaUU*  justiee  iJt'»)nr  ehiiiii.  The 
Unite<l  States  Iiave  preferred  to  let  this  (juestion,  with  all  the  others  that 
have  arisen  nnder  the  treaty  of  1.S18,  continue  in  reach  of  discussion 
und  nejjotiation. 

In  that  sitnaiiDii  the  present  administration  found  this  eontmvirsy. 

Mr.  15ayard  luopc^sed  to  the  British  Government  that  the  3inile  fi.sh- 
iuj»  limit  should  be  measuretl,  in  the  bays  that  were  10  miles  or  less  in 
width,  from  that  point  nearest  the  entrance  where  the  shores  are  lo 
miles  distant  from  each  other.  He  found  his  sujiport  for  that  oiler  in 
the  arran<»ement  between  Clreat  Britain  and  other  ICnropean  nations  foi 
lishin;;  in  the  bays  and  harbors  of  their  respective  coasts  along  the 
\orth  Atlantic  and  the  northern  seas. 

It  beiii<f  {jenerally  conceded  tlu,.t  the  limit  of  local  jurisdiction  ex 
teuiled  .{  miles  from  the  coast  out  into  the  sea,  and  that  this  distante 
was  adapted  because  it  measured  the  Fan<je  of  artillery  in  ancient  times, 
it  is  obvious  that  when  the  ran^e  of  artillery  is  extended  to  ."i  miles  :t 
is  due  to  the  security  of  bays  and  harbors  ieachin;^'  iar  inland  thai 
treaty  arran;;ements  livin^y  a  new  measurement  should  have  some  ret 
erence  to  the  increased  limits  for  the  i)rotection  of  the  people  resiilinjr 
alon^  such  shores  correspondin*?  with  the  improvetl  riin<je  of  artillery. 

This  offer  njade  no  allusion  to  any  headland  theory  that  the  Miitish 
Government  had  ever  asserted;  still  it  was  dire(;tly  opposed  to  assep 
lions  of  that  theory  which  Great  Britain  had  often  inacie,  and  called 
forth  the  followiujf  "  (d>servation  from  the  3I:ir(piis  of  y;disbnry  upon 
the  proffer  nnide  by  Mr.  Bayard  :" 

A  refereuct)  to  the  action  oi'  (he  iriii»<»l  St.-itOH  (ioveriuiu-iil,  ami  to  the  atliiiissiou 
made  liy  thi'ir  statcsinen  in  ri>;;iiril  f  t<»]  b.i.v.i  t>ii  thn  Amoricaii  roa.siN,  stivnjjllieiis  this 
view;  ami  th«' case  of  the  Kii;;lish  hliip  Urange  sliow.s  that  the  (inverniiient  of  tlu' 
I'nitetl  StateH,  ill  ITlKl,  elaimed  Delaware  Itay  a*  i)eiii}{  within  teivitoiial  waters. 

Mr.  liuyard  coiitendtt  that  the  ralo,  which  he  asks  to  uavn  aet  up,  wan  adopted  Iiy 
the  umpire  of  tho  commitMion,  appointed  under  the  convention  of  185H,  in  the  case ol 
the  IJn'ted  HtatcH  lishing  Hcliooner  IVaahin'jton ;  that  It  wuh  by  liim  applied  to  the 
Hay  of  Fitiidy,  and  that  il  is  for  thin  reason  appliealde  to  other  Canadian  bavh. 

It  iri.  Hnhiiiitted,  luMvevr,  that  as  one  of  the  head  lands  i>f  the  Hay  of  Kiimlvif<iii  \he 
territory  <d"  the  I'nited  .Stalof*,  any  rnl»?»  of  intern  itioiial  law  appiieahlts  to  tbul  bay 
are  not^  therefore  o<|ually  ttpplical)lo  to  other  l>ayH  the  huadlundtfi  of  which  ore  imtli 
within  the  territory  of  th«  same  power. 

Thia  proviMioo  would  involve  a  surrender  of  tishing  rights  whicii  have  always  b«''''i 
regarded  an  tho  exclusive  property  of  C  iiiuda,  ;ind    would   make  eoiiim  ni  lisiiin):- 
gronntU  of  the  territorial  waters  which,  liy  the  law  of  nationn,  hiive  lieen  iiivai'ialil)  ; 
regarded  hulU  in  (Jreat  Hritain  aud  tho  t'uited  Htutes  an  belonging  to  the  tt<U^'''""' 


THE    FISIIEUIKS    TREATY. 


83 


country.  In  llic  cane,  for  instance,  of  tho  llaio  des  Chalenrs,  a  imenliarly  wtWl- 
inarktMl  and  ulr.iost  lund-lockoil  indontutiun  of  tlio  Canadian  coanf,  the  lU-tnilo  limit 
woiiltl  lie  drawn  (roni  points  in  thn  licart  of  Canadian  territory,  and  almost  70  niilen 
froni  tilt'  natnral  ontrancie  or  month  of  thti  bay.  Tiiis  wonhl  Im  dinio  in  Hpito  of  the 
\\iv\  that,  both  by  inipi-r'al  li'jjislation  and  by  judicial  iiit«'rpr(>tation,  this  bay  has 
been  (U'clarod  to  form  a  part  of  the  territory  of  Canada.  (Sec  Iinjierial  8tatnto,  14 
,iiul  1.')  Vi«;t.,  cj>p.  i)\\;  and  Monatt  v.  McPhee,  r,  Sup.  Court  of  Canada  Reports,  p.  66.) 

» 

I'rom  this  statemoiit  of  the  liritish  coMtcntion,  it  apijoars  th.at  the 
hoadlaiid  theory  .vas  still  adhered  to  by  that  (Jovermuent  in  March, 
1S87,  but  it  was  admitted  thi'*;  it  had  been  relaxed  a.s  to  the  Bay  of 
Fiindy  for  special  reasons. 

Mr.  Bayard's  rejdy  to  the  ''observations"  of  tlie  Marquis  of  Salis- 
bury, which  is  set  forth  on  pages  .VJ  to  (jO,  inclusive,  of  Seiuito  Execu- 
tive I)o<!unu'nt  No.  113,  tirst  session  of  Fiftieth  Congress,  refutes  the 
tbrce  of  those  "ol)servations"  by  citing  [)recedents  furnished  bj'  the 
conduct  of  the  British  (lovernnient  in  this  nuitter,  anil  the  decision  of 
tlio  tiinnire  iik  the  cases  of  the  Washitujton  and  the  Argun,  m  which  he 
wholly  discarded  the  lieadland  theory  and  nuide  an  award  in  favor  of 
the  owner. 

liiit  these  couiiter-statenients  only  served  to  show  that  tha  headlaml 
ilii'or^',  in  its  api)lication  to  bay.s  within  the  jurisdictional  limits,  was 
still  in  controversy  between  the  two  (rovernments,  atid  that  there  was 
little  «lisj»osition  on  the  part  of  the  British  Government  lo  yield,  as  there 
u  IS  on  our  part  to  admit,  Hie  justice  of  that  construction  of  the  treaty 
of  l.Sl.S. 

These  contentions  idado  it  necessary  that  a  better  understanding 
slioidd  be  i'eaohe«l ;  and  if  the  two  (loverntnents  corld  not  accomi)lish 
tins  by  negotiation,  it  was  certain  that  increasing  strife  and  broils  be- 
tween their  people  would  seriously  etulanger  the  commerce  of  each,  and 
would  expo.se  both  countries  to  the  peril  of  being  driven  into  hostilities 
by  the  designs  of  vicious  men,  or  through  the  angry  contentions  of  well- 
iiu'aning  persons, 

IX. 

THE  CLOSE  KELATION.s  METWEEN  THE  PKOl'EE  OF  CANADA  AM)  THE 
UNITEr  .STATE.S  IN  THE  U.-^E  OF  THE  COMMON  RIGHT  OF  FI.SHERY 
MAKE  IT  IMPERATIVE  TO  REGULATE  THEHt  A.SSOCIATION  RY  FRIENDLY 
AtiUKEMENT  RATHER  THAN  liV  RETALIATORY  LAWS. 

Mtittial  atid  amical)'  agreen>ent  between  the  twoGo»'ernments,  clearly 
understood  and  faithfully  executed,  is  the  only  way  in  which  the  peopl« 


■M 


84 


TUK   FISHERIES    TREATY. 


I!  !»■ 


of  Xcwfouiidlaiul  and   Canad.i  and    of  the  l"^nited   Stat«'s  can  ever 
lieaoefnlly  onjoy,  in  ccmmnn,  the  valuable  rijrlits  of  fishery. 

IJeciproeitx,  in  some  form,  is  an  element  in  every  treaty  made  for  tlie 
settlement  ol<inestions  that  are  sincerely  in<lisput(^  Ix'twt'cn  indepeiideiit 
IMiweis.  In  all  of  our  treaties  with  (Ireat  Britaiti,  relatin;^:  to  the  extra- 
territorial rights,  liberties,  or  i)rivile<»es  of  ea<di  in  the  other's  (Country 
or  Jurisdiction,  r'*eiprocity  has  been  conspicuously  stated  as  a  leading; 
motive  and  purpose.  The  provisional  treaty  of  peace  of  Xovembcr  .'io, 
17S2,  sets  out  with  this  (b'claration: 

Whereas  it'ciinocal  «(lvantaj;»'s  unci  luiittial  oouvcnicnee  are  fomul  by  experience  to 
form  Iho  only  i>eriiiaiu'iit  lomnlatioii  of  lu-ai-e  fniil  frieiulHliip  lietweeii  Stales,  it  is 
agreed  to  I'onii  tin-  Hrtules  of  tlie  i)ioi>o>teil  (r«uity  on  such  i)rir.('ii)h's  of  lihenil  (Mjiiity 
ami  reciprocity  as  that,  ])artial  advantages  (tlioso  Heeds  of  tlincord)  being  excluded. 
unch  a  benelicial  and  sati.sfaetory  inteivourae  between  the  two  countries  may  lie 
estn'diNbed  rh  to  proinine  and  Hccnre  to  both  iierpctnal  peace  and  harmony. 

This  declaration  was  repeated,  in  substance,  in  the  detiniti\e  treaty 
of  peace  of  September  .'{,  178;3. 

In  both  these  treaties  the  rij;ht  of  fishery  was  defined  as  between  the 
]»eople  of  both  countries,  the  United  States  expressly  yielding  some  ot 
the  liberties  they  had  enjoyed  in  common  with  the  colonies  that  re- 
mained subject  to  the  llritish  Crown  on  the  coasts  of  Newfoundlfind  as 
as  to  curinjr  and  «lryin}»  fish  on  that  island. 

The  treaty  of  October  1*0,  1818,  was  made  "to  cement  iho  jjood  tin- 
ilerstandinj;  which  nappiiy  exists  between"  the  two  Governments,  in 
that  treaty  we  renounced  our  ri};ht  of  fishery  on  certain  coasts,  etc., 
but  rejjained  the  rifjlit  to  cure  an<l  dry  fish  on  a  part  of  the  southern 
coasts  of  ^iewfoundlainl. 

tTnder  that  treaty,  which  waa  reciprocal,  misnnderstandinjj  aros' 
to  its  meaninj;,  and  the  reciprocity  treaty  of  18.jI  wa.s  made,  in  jn- 
"to  avoid  further  misunderstandinj;  between  their  respective  citizens 
and  sul)ject8  in  regard  to  the  extent  of  the  right  of  fishinjr  on  thecoasts 
of  J'.ritish  North  America  secured  by  Article  I  of  the  Coavention"  ot 
1818,  antl  "to  regulate  the  commerce  and  navigation  between  tlitirn' 


spective  territories  and  people  '' 

The  extensive  recijtrocity  of  this  treaty  continuetl  for  twelve  ye 


u>. 


At  its  termination  bv  the  I'nited  States  the  "  misunderstant.idjjs' 


under  the  treaty  of  1818  again  tirose,   when  that  convention  im-< 
then,  ad  it  is  n«>w,  the  measure  of  «uu  treaty  rights. 


me 


The  treaty  of  1871  was  made  so  asi  "to  provide  tor  an  aiiii»'ahleset- 


THE    FISHERIES    TREATY. 


85 


can  ever 


tlomont  of  catisoH  of  dift'eionee  between  the  two  countries,"  and  arbi- 
tration and  reciprocity  pervaded  every  one  of  its  forty-three  articles. 

Ill  all  the  wide  range  of  onr  treaty  cngagenients  with  the  treaty  i)Ow- 
ers  of  the  world  there  is  scarcely  one  that  does  not  contain  some  niu- 
tiiiil  advanta{;e  or  reciprocal  i'oncession,  and  they  cover  every  subjeci; 
that  has  been  sn^rgeste*!,  in  the  experience  of  mankind,  as  being  fit  or 
<()iivenient  to  be  settled  by  international  agreement  rather  than  to  be 
left  nnder  the  control  or  security  that  might  be  afforded  by  the  laws 
t'liacied  by  the  respective  countries,  which  they  c»)uld  alter  or  rei)eal 
at  pleasure. 

Now  we  are  again  ri  litted  to  the  field  of  "niif- understanding,"  "in 
rc^anl  to  the  extent  of  the  right  of  fishing  on  the  coasts  of  British 
Murth  America,"  with  an  increased  number  of  cases  of  seizures  and  in- 
torfcrences  with  our  fishermen  growing  out  of  those  disi)utes,  and  the 
•luostion  is,  whether  we  shall  abandon  all  efforts  to  remove  these  mis- 
iiiiilorstandings  by  further  agreements,  or  shall  we  treat  every  claim  we 
make  as  a  nine  qua  tion,  and  its  refusal  an  ultimatum^ and  resort,  as  the 
first  expedient,  to  retaliatory  legislation  to  enforce  it.  That  failing, 
shall  we  stop  ami  abandon  the  claini,  or  prepare  for  its  supi)ort  by 
coercive  measures! 

Iletaliation  may  secure  just  d(sding  between  nations  whose  interests 
arc  entirely  tlistinct  and  separate;  but  that  is  not  our  situation  toward 
the  people  or  the  governments  of  (^anada  or  Newfouuilland. 


rm:  character  ani)  vami:  of  tiii:  fi.shhkies  ox  the  coAvSr  of 

I.AHUAMOR  AM)  THE  HANKS  OF  NEWFOUNDLAND,  AND  THE  INCREAS- 
INU  DEMAND  FOR  FOOD-FISHES  TO  SUPPLY  THE  WANTS  OF  THE 
I'KOPLE. 

The  inshore  fishing  along  the  coasts  of  Labrador  arc  the  best  we 
have  in  theUulf  of  St.  Lawrence,  while  that  along  the  southern  and 
western  shores  of  Newfoun«lland  is  far  better  than  any  along  the 
coasts  of  Nova  St^otia  or  New  Brunswick. 

Our  plenipotentiaries  who  negotiated  the  treaty  of  181S  mention  these 
facts  to  show  that  we  lost  nothing  of  value  when  we  gave  up  the  in- 
shore fisheries  of  Nova  Scotia,  and  gained  much  advantage  by  having 
accef.s  to  the  shores  of  Labrador,  as  will  hereafter  appear  in  this  report. 

•Ml-.  Sabine,  in  his  report  to  the  Secretary  of  the  Treasury,  in  1852, 
gives  a  very  interesting  account  of  the  fisheries  on  th&  northeasteru 


86 


THK    FISIFEHIKS    TREATY. 


coast,  iVoin  which  wo  iniike  the  loMowin;;  oxtnu'ts.  found  in  Senate  Ex. 
Dix'..  2'.*,  second  session  Thirty-second  Congress 

An  acrounf  of  tho  (ishiii^j-pioniuls  bas  beon  reserved  for  tbe  eoncliiKion.  Of  thosn 
near  our  eitics,  and  visited  f<)r  tbo  purnose  of  siijtplyinj;  our  markets  witli  lish  to  Up 
consiuned  frcsb,  it  is  unnect-Hsary  to  Hpoak.  Tliose  witbiu  tb«  limits  of  Hritisli 
Aineriea,  and  nccured  to  us  by  treaty,  im  well  a«  thoic  on  t!id  d<i»t«iu  cuiMta  of  Slaiiie, 
are  Iphs  ponorally  known  and  may  properly  claim  attention.  Of  the  distant,  Ncw- 
fonndlantl  is  the  oldest.  That  vessels  frvm  Hoston  tislied  thorc  as  early  as  the  year 
lfi4.'>  is  a  fact  preserved  in  the  Jonrnal  of  fJovoriior  Wiiithr«)p.  The  ";;reat  hiink," 
v.hich  has  been  so  l<)nK  resorted  to,  is  said  to  bo  alioiit  'JUO  niilos  broad  and  nearly  Oill) 
miles  lonjj.  In  K'des  the  sea  is  very  hi^h,  and  dense  fo);s  arc  prevalent.  The  watt'i 
is  from  2r>  to  1)5  fathoms  deep.  Tho  ed^jes  of  the  liank  are  abrupt  and  eoniposisd  of 
ronjjh  rooks.  The  best  tishinjj-gronndsare  between  the  latitndesof  42°  and  4(i-  north. 
The  "  bankers,"  as  the  vessids  employed  there  are  called,  anchor  in  tho  open  soa,  at  a 
>;reat  distance  from  the  land,  and  pnrsne  their  ha/sirdoiis  and  lonely  employment,  ex- 
jiosed  to  jieriis  hardly  known  elsewhere.  The  lish  are  caught  with  hooks  .ind  lines, 
and  (the  operation.-  of  splitting  an<l  dressing  jurtorined)  are  sjilteil  in  bulk  in  the 
hold,  from  day  today,  nntil  the  cargo  is  completed.  The  bank  fish  are  larger  than 
those  taken  on  tho  sho^ps  of  Newfoundland,  but  are  not  often  st»  well  cnred.  Tho  first 
American  vessel  which  was  tittcd  lor  tho  Labrador  tiahery  sailed  from  Newbnryport 
toward  tho  close  of  the  lust  century.  The  business,  once  undertaken,  was  imrsucd 
with  great  energy,  and  several  bundled  vessels  wer«!  engaged  in  it  iinnually  previous 
to  the  war  of  1^1"2.  A  voyage  to  Labrador,  nnlike  a  lrii»  to  the  Ihinks  of  Newfoiuiil- 
land,  is  not  withoirt  pleasant  incidents,  even  to  !andstnen,  Tho  coiutt  is  freiincntal 
for  a  distance  of  10  or  1 J  degrees  of  latitnde.  It  has  lieen  preferred  to  any  other 
on  account  of  its  security  and  a  general  certainty  of  attording  a  supply  of  fi8ic 
Arriving  in  some  harbor  early  in  .June,  an  American  vesstd  is  moored  and  remains 
qnielly  at  ar.chor  until  a  full  "  fare."  has  been  obtained,  or  until  the  departure  of  tho 
tish  rc<inires  the  master  to  seek  another  inlet. 

The  fishing  is  done  entirely  in  boats,  and  the  number  usually  emploj'ed  is  one  fur 
about  30  tons  of  the  vessel's  register.  Here,  under  tlu-  management  of  an  experi- 
enced and  skillful  nrist«r,  everything  may  be  rendere«l  systunuitic  and  regular.  As 
soon  as  the  vessel  has  been  secured  by  the  necessary  anchors,  her  sails  and  lis?ht 
rigging  are  stowed  away,  her  decks  cleared,  her  bti.its  littetl,  ami  a  day  or  two  speut 
in  fiiwling  and  sailing,  under  color  of  exploring  the  surrounding  waters  and  lixiiijj 
upon  proper  stations  for  the  boats,  and  the  master  announces  to  his  crew  that  they 
must  try  their  luck  with  tbe  hook  and  line.  Each  boat  has  now  assigned  to  it  a 
skipper  or  master,  and  one  man.  At  the  time  designated,  the  master  departs  with  his 
boats,  to  test  the  qualities  of  his  men,  and  to  marl:  out  for  them  a  course  for  their 
future  procedure. 

yotbing:  could  be  more  injurious  to  men,  who  are  brought  into  snoli 
intimate  association  by  their  conunon  riglit  of  llshinj;  on  those  distant 
shores,  than  a  policy*  of  their  j^overnuients  which  wouhl  canso  liic-iii  to 
?nake  reprisals,  the  stronger  against  the  weaker. 

Hon.  Robert  J.  Walker,   whose  ability  as  a  statesman   is   nowhere 


Tin:    FISllKIUKS    THKATY. 


87 


seriously  viucstiouod,  in  ji  letter  to  .Mr.  Seward,  Secretary  of  State, 
(luted  April  24,  ISOS,  thus  describes  the  value  of  the  fusheries  as  sources 
of  food  supply.     He  says: 

I'liit  HiiTO  are  other  most  important  consiile—*"  ...i  connected  with  estended  coasta 
iii'l  f^ri'iit  fisheries.  The  fisherieH  are  capaMc  of  furnishing  more  a^^d  cheaper  food 
ihau  the  land. 

Till'  rea.sonrt  are  — 

,  1 !  The  ocean  surface  is  nearly  lour  t  iinis  that  of  the  land,  the  area  being  1-15,000,000 
Mliiuro  miles  of  ocean  surface  to  5.;,00(»,000  of  land. 

{•i)  The  ocean  everywhere  produces  fish,  from  the  criualiir  to  the  polo,  the  profu- 
>iou  of  submarine  animals  iiiereasing  na  you  go  north  up  to  a  point  hut  433  miles 
iioiu  the  polo  antl  believed  to  extend  there,  whereas,  in  consequence  of  nionntaiuH. 
Ii'serts,  and  the  temperature  of  the  surface  of  the  earth  in  very  hij^h  latitudes  less 
liaii  Italf  its  surface  can  be  cultivated  so  aa  to  i)roduce  food  in  any  appreciable  quan- 
;ilio8. 

(15)  The  temptrafuro  of  tiie  ocean,  in  high  latitudes,  being  much  warmer  than 
■  ;:u  iif  the  land  surface,  there  is  increased  profusion  of  submarine  animal  life,  cspe- 
.  iidly  iu  the  Arctic  ami  Atlantic  8eas,  where,  on  account  of  extreme  cold,  the  l.ind 
virfaco  jirodiues  no  fool.  In  warm  latitudes  the  deep-sva  temperature  diminishes 
vitli  the  depth,  until  ji  certain  point,  below  which  it  maintains  an  equable  tempera- 
•iire  of-lO'^  Fahrenheit.  The  te  nperatnre  of  the  ocean  in  latitude  70  (many  degrees 
wurnier  thau  the  land  surface)  is  the  same  iu  all  depths.  There  are  wonderful  pro- 
visions for  the  mnltiplieatiou  of  animal  life  in  the  ocean,  and  it  moderates  both  heat 
ami  cold.  These  are  additional  reasons  in  favor  of  the  existence  of  a  Polar  Sea,  filled 
v.itii  a  far  greatci  jirofusiou  of  submarine  animal  life  than  ;u\y  other  seas,  and,  as  a 
iiiixcciuence,  pos,scssing  far  the  best  lisherii's.  Indeed,  as  lish  i)rogross  northward,  on 
uconiit  of  the  better  ocean  temperature  there,  as  also,  becan.se  the  marine  food  there 
iiinore  abundiMit,  there  can  be  little  doubt  that  the  open  Polar  Sea  will  furnish  (ish- 
I  ries  of  incredible  value. 

(  n  The  ocean  prodneea  food  in  nil  latitudes  for  the  support  of  animal  subntarino 
:t'c.  Tiu'se  are  sipiid  (the  jiririeipal  food  of  the  whale),  also  abundance  of  nutritious 
■a  grasses,  etc.,  upon  which  the  li.sli  feed.  IJosides,  as  the  earth  is  more  and  more 
tiltivated,  and  farms,  as  well  as  towns  and  cities,  drained  by  creeks  and  rivers  to 
lie  se.is,  the  submarine  food  is  correspondinglj'  augments!.  Even  in  mid-ocenn  the 
I'lidsphorescence  observed  there  Is  prtnluce  I  by  the  presence  in  the  waier  of  myriads 
'  i'  living  animals. 

'')  Whilst  the  earth  prodnees  food  by  jilowing  its  surface  only  a  few  inches  deep, 
!li<'  ocean  supplies  niyria<lH  of  lish,  tier  on  tier,  thousands  of  fathoms  deep.  Thus, 
the  registered  lake  of  herrings  in  the  Sco;ch  fisheries,  in  18GI,  was  900,000,000, 
whilst  tlat  of  Norway,  in  the  latitude  of  Icelaiwl  and  Greenland,  was  far  greater. 

IVrhapt,  however,  the  main  reason  why  the  ocean  prodiiepsso  much  more  food  for 
iiau  than  iho  land  is,  that  whilst  land  animals  only  givo  birth  to  one  or  two  of  their 

"iiiii;  at  1)  time,  some  fish  prodncii  millions  of  ova,  to  be  matured  into  life.  Thus,  a 
ii'inale  eo('.  lias  been  found  to  contain  3,400,000  ova :  ami  other  tish  ova  varying  from 
'*|'vi'ral  millions  to  :U),tK»0.  lleireo,  the  vast  success  attending  the  increased  produc- 
tion offish  by  transfer,  by  sowing  the  spawn,  and  other  methods  know  to  ichthyology. 


I 


88 


THK    FISIIEKIK.S   TKEATY. 


Nothiiifj  could  more  certainly  lessen  the  food  sii|)i)ly  of  the  i)eople. 
whicli,  after  all,  is  tlie  basis  of  all  human  pro^^fress,  than  to  proiuotc 
strife  anioiifjst  lisherinen  visiting;  the  same  waters.  A  pxilicy  that  leads 
to  such  a  result  is  an  injustice  to  the  human  family. 

No  wealth,  national  or  personal,  can  bo  jiistly  eaiMU'd  when  it  comes 
from  (liminishin;jc  the  supply-  of  human  food. 

With  ;.ll  our  vast  excess  of  cereals  and  of  animal  food  we  still  need 
all  the  tish  we  can  gather  from  the  oceans  and  seas  fortlie  comfort  ami 
economy  of  livin^r,  especially  amonj;  the  industrial  classes  of  our  rap 
idly  increusin;;  population.  The  Atlantic  and  Tacilic  lisheries  rank  in 
importance  alonj;  with  the  jiroduction  of  beef,  mutton,  and  pork  as  ji 
source  of  food  supply,  ami  as  a  competitive  element  in  the  footl  markets 
even  of  this  abuiulant  country. 

Our  fishing  rights  and  liberties  along  the  coasts  of  Labrador  and 
NewfouTulland,  as  lixed  by  the  treaty  of  1818,  aie  rights  to  l)e  enjoyed 
ill  common  with  the  Hritish  people,  and  are  such  as  no  other  nation 
has.  They  are  partnership  rights,  in  the  intimate  character  of  the  as 
sociation,  in  their  labors  and  j)rivileges,  of  our  lishermen  with  theirs. 
No  two  nations  were  ever  drawn  into  a  closer  relationshij),  or  one  in 
which  good-will  and  mutual  forbearance  were  more  essential  to  the 
profitable  pursuit  of  a  great  industry,  than  that  establishetl  between  us 
by  the  joint  struggles  of  the  colonies,  conrirnied  by  the  treaty  of  1783. 
and  renewed,  as  to  ports  of  Labrador  and  Newfoundland,  almost  with- 
out restriction,  b^'  the  treaty  of  ISIS. 

As  to  this,  by  far  the  most  essential  i)art  of  the  rights  reserved  to 
us  in  that  treaty,  we  can  no  more  preserve  and  enjoy  its  value  to  us, 
under  the  i>lan  of  reprisals,  through  retaliatory  laws,  upon  Ibiti.sli 
commerce,  than  copartners  can  ])romote  their  joint  business  interests 
by  each  one  attemi)ting  constantly  to  destroy  the  value  of  the  other 
partner's  share  in  the  venture. 

Our  vessels  and  theirs  are  anchored  side  by^  side  in  the  bays,  or 
follow  the  same  schools  of  fish,  and  capture  them  wherever  they  are 
found  along  these  coasts.  One  tishcrnian  entices  the  fish  around  Ins 
vessel  with  bait  an<l  another  comes  in  and  takes  what  he  can  with 
his  lines  or  nets,  just  as  if  the  whole  business  was  a  copartnersh!;;. 

If  these  vessels  belong  to  countries  that  are  arrayed  in  coniinerciid 
hostility  based  u^ion  retaliatory  laws  and  ready  to  break  out,  uih'H 
slight  i)rovocation,  into  a  war,  their  friendly  association  will  be  ii»' 
possible. 


TIIK    FISIIF-.KIKS    TREATY. 


89 


1  it  uoiueo 


XI. 

TilK  l.'bi:  OF  FLEHTS  TO  INTEKPKET  A  TREATY. 

Under  the  ini.siiii(loist!iiuliu;!;s  of  the  past  we  have  on  both  sides 
sent  rieets  to  those  waters  to  protect  our  lisliormen  against  each  other, 
and  a^jainst  the  unfriendly  conduet  of  the  h)cal  governinents;  fleets  to 
enforce  agreements  that  the  governments  concerned  could  not  expound 
l»y  a  mutual  understanding. 

If  these  (juestions  are  left  oi)eii,  and  comnjercial  war  is  inaugurated 
tlirotigh  measures  of  retaliation,  how  many  ships  and  guns  is  it  sup- 
posed will  he  needed  to  keep  the  peace  between  our  lishermen  on  the 
coasts  of  Labrador  and  Xewfoundhuu'  .' 

The  danger  in  this  direction  does  not  come  Irom  the  desire  of  either 
(lovernment  to  promote  a  war,  but  from  their  inability  to  prevent  its 
initiation  through  the  i)ersonal  hostilities  of  men  associated  in  the  use 
of  common  rights  and  privileges,  ami  stimulated  by  rivalries  which  are 
♦  lu'ouragi'd  by  laws  of  retaliation  enacted  by  their  respective  (iovern- 
inents. 

These  are  some  of  the  dangers  againsi  which  this  treaty  wisely  makes 
safe  provision. 

XII. 


THE  AREA  YIELDED  HV  THE  DELIMITATION.S  (»F  THIS  TRFATY,  AS  COM- 
PARED WITH  THOSE  YIELDED  BY  THE  BRITISH  GOVERNMENT  ON 
THEIR  COXSTRUCTIOX  OF  THE  LIMITS  OF  OUR  "RENUNCIATION"  UN- 
DER THE  TREATY  OF  IHld. 

It  is  alleged  by  some  that  this  treaty  yields  to  the  IJritish  Crovern- 
iiicnt  r»0,(H)0  s(piare  miles  of  exclusive  lishing-grounds  beyond  what  we 
yielded  in  the  treaty  of  ISIS. 

Taking  the  (!ontention  of  the  United  States  that  no  headland  theory 
is  to  be  found  in  the  treaty  of  1S18,  and  that  thec.vclusive  fishing  limit 
is  a  line  3  miles  from  the  shore,  at  low  water,  that  enters  all  harbors, 
bays,  and  creeks  that  are  more  than  0  miles  wide  at  the  entrance,  and 
follows  the  sinuosities  of  the  coast  thereof,  this  estimate  of  the  area 
surrendered  in  this  treaty  is  greatly  exaggerated. 

This  is  the  narrowest  limit  to  which  we  have  confined  our  renuncia- 
tion in  the  treaty  of  1S18,  of  the  c(  .nmon  right  of  fishery,  in  our  con- 
tentions with  Great  Britain. 


90 


THE    FlJJlIKKIKS    TKKATY. 


The  total  aiva  as  to  which  worenouiuvNl  thoeoimnon  rijjht  of  li.shiii;^, 
according,'  to  thi.s  oonstniction  of  that  treaty,  is  l(J,H;i  nautical  sriuaiv 
inilcH. 

The  additional  area  of  renunciation  under  the  delimitations  of  tlic 
jjvoposed  tresfv,  now  before  the  Henate,  is  1,127  square  miles,  hein;; 
♦^lu  I'^T  cent,  addition  to  the  former  area  of  exclusion. 

The  total  area  of  bays,  creeks,  and  harbors  not  njore  than  0  miUs 
wide  at  their  niojiths  is  about  (i,r)9!»  squari'  miles,  ami  is  included  in 
the  above-mentioned  measurement  of  10, tl't  square  miles. 

The  Uritish  claim  as  the  trtie  construction  of  the  ajjreemeiit  in  the 
treaty  of  ISIS,  that  it  fixed  the  line  within  which  we  renounced  the 
c(»mmon  rijjht  of  tishery  at  the  distance,  nu'asured  seaward,  of  A  miles 
from  the  entrance  of  oil  bays,  harbors,  and  creeks  of  His  ^lajesty's 
dominions.  This  would  add  an  area  of  3AS\)  square  miles  to  the  ex- 
clusive fishing  {irounds  claimed  by  the  Jiritish  (Jovernment,  while  the 
area  in  which  we  have  renonncetl  the  eonnnon  rijjht  of  Jishit»;j  in  those 
bays,  harbors,  and  creeks  under  the  proposed  treaty  now  before  the 
Senate  is  1,127  square  miles. 

Thus,  under  the  Uritish  (contention  that  Government  yields,  in  this 
treaty,  3,489  square  miles  of  excdusive  fishing  waters  to  the  i)e()i)lo  of 
the  United  States  as  a  common  fishery,  and  we  yield  1,127  scpiare  miles 
to  the  Uritish  Government  as  exclusive  fishing  waters,  which  we  now 
claim  to  enjoy  with  the  j  as  a  common  fishery  under  our  construction 
of  the  treaty  of  ISIS,  whicrh  they  refjise  to  admit. 

They  yield  more  than  two-thirds  of  their  claim  to  us,  and  we  yield 
less  than  one-third  of  our  claim  to  them,  for  the  sake  of  settling  forever 
a  dispute  that  has  lasted  for  seventy  years,  and  has  l)een  in  every  way 
a  costly  and  disturbing  contention  to  onr  peo[)le.  (S"e  otlicial  state- 
ment from  the  Coast  Survey,  marked  1>.) 

If  these  dispute<l  areas  were  the  richest  fisheries  in  the  world,  the 
settlement  of  our  respective  rights  in  them,  as  arranged  in  the  treaty 
now  before  the  Senate,  should  be  welcomed  by  the  American  people 
with  entire  satisfaction. 

When  we  know,  from  the  examination  and  report  of  the  Senate  Com- 
uiittee  on  Foreign  Relations,  that  this  disputed  area  is  of  no  real  ad- 
vantage to  onr  fishermen,  and  that  this  statement  is  supported  l>.v 
conclusive  evidence,  fnrnishe<l  by  the  Halifax  Commission,  and  by  Pro- 
fessor Uaird,  our  former  Commissioner  of  Fisheries,  no  gn)und  seeniH  to 
be  left  for  the  contention  of  those  who  oppose  this  settlement. 


THE    FISHERIES    TREATY. 


91 


xrrr. 


Tin:  VIEWS  OF  the  i'iiesident  of  Tin:  united  states  as  to  the 

I'lMtrEU  EXEC'l'TION  <)F  THE  ACT  OF  CONGUESS  OF  MAIiC'H  H,  1S87, 
ol'I'OSED  TO  THOSE  OF  THE  CAPITALISTS  WHO  CONTROL  OUR  FISH- 
ING INDUSTRY  AND  REAP  THE  (HtEATEST  ADVANTAGES   FROM  THEM. 

Tlie  prcsidi'iit  of  the  AmPiican  Fishery  Union,  in  18S7,  l)ron;;lit  the 
subjoct  of  retaliation  to  the  attention  of  the  rresidcut  of  the  United 
States,  and  insisted  that  it  should  be  applied  only  to  the  exclusion  of 
r.ritish-Ameriean  fishinf;  i)rod(icts  from  the  markets  of  tln^  United 
States.  To  tliat  denjand  the  President  of  the  United  States  replied  a» 
follows : 

•  EXKCCTIVE  MaNSIOX, 

jranhhigtou,  D.  C,  Jj^il  7,  18:^7. 

(Ji:xtm:mk.\:  I  li.ivo  received  your  li'ttor  liitoly  ii'Mressoil  to  m«,  niul  have  given 

'ill  coiisitNM'atKm  to  th<>  f'X[>rcs.si(Mi  cf  t;i<!  vit-ws  asul  wisliea  thcrfiii  cotitrisied   in 

rliition  to  t)me.\ij*liii';ilifferfnco8  li«t\vceii  the  (lovrrniucnt  of  Great  liiifaiii  anil  the 

iiiiti'd  States  growing  out  of  the  rcfn.sal  to  award  to  onr  citizens  engaged  in  fi.shiiig 

•  iittTpriHCH  the  privileges  to  which  they  are  entitled  either  nnder  treaty  atiinilations 

r  the  gnarantioH  of  international  comity  and  neighborly  concession.     I  sincerely 

iiiHt  the  apprebensio!!  yon  ex|)resH  of  r.njn.Ht  and  nnfri»*ndly  trciitnient  of  Anicriean 

;>li('riiien  lawt'nlly  fonnil  in  Canadian  waters  will  not  he  realized;  but  if  such  ap- 

it'iit'ii.sion  whonld  prove  to  he  well  founded,  I  ear.ieslly  liope  thut  uo  fault  or  inoon- 

-iilorato  action  of  any  of  onr  citizens  will  in  the  least  wcak(Mi  the  just  position  of  onr 

linverunient,  or  deprive  ns  of  the  universal  synipathy  and  support  to  which  we  should 

lie  entitled. 

The  aition  of  this  administration  since  Jinie,  Hi'),  when  the  fishery  articles  of  the 
;ri:ity  of  l"^7l  were  tcrniiuattHl  nlul(^r  tlie  notification  which  had  two  years  before 
iurn  given  hy  our  (ioverinnent,  has  been  fully  disclosed  hy  the  correspondence  be- 
twwen  the  representatives  and  the  api»roj»riato  departments  of  the  respective  Gov- 
■riinionts,  .with  which  I  am  apprised  hy  your  letter  you  are  entirely  familiar.  An 
"Ciiiuination  of  this  correspondence  has  doubtless  satislied  yon  that  in  no  case  have 
!lii'  iij;lits  or  privileges  of  Aini'riitan  lishcrnu'ii  Itceii  overlooked  or  neglected,  but 
'!iat,  on  the  contrary,  they  have  been  sedulously  iusisti-d  upon  an<l  cared  for  by  every 
imaiis  within  the  control  of  the  executive  branch  of  the  Government. 
Tlieact  of  Congress  approved  March  ',\,  I.S87,  anthori/ing  a  course  of  retaliation, 
■ifoagh  oxeontivo  action,  in  the  event  of  a  continuance  on  the  i>art  of  the  British- 
Viiunio.in  authorities  of  unfriendly  conduct  and  treaty  violations  atfecting  American 
I •slicrnicn,  has  devolved  upon  the  Pn-.^ulent  of  tlie  United  States  exceediiigl.\  grave 
iiid  solemn  responsibilities,  comprehending  higlily  important  conseciuences  to  onr 
mtioual  character  and  dignity,  and  involving  extremely  valuable  commercial  inter- 
lonrsi)  between  the  British  posseasions  in  North  .America  and  the  people  of  the  United 
''tates. 


I 


m 


t 

it 


92 


THE   FIS1IEKIK8    TREATY. 


I  iinilorHfaiiil  tlii'  main  pnrposo  of  yimr  U'lfcr  is  to  Nij^^cst  tliif.  in  i-usf  ivconrto  tn 
tin*  ivtiUintoiy  ini>;i«iir«>H  aiitliorizcil  liy  this  not  Nliouitl  Iti*  iuvittMl  liy  iiiijiist  troatiiiBiit 
of  our  ti«li«>nnt'ii  in  tiio  fiitiirc,  tiii*  i>l>i<"ft  of  mii'li  n-tiklitition  iiiij^lit  lin  I'lilly  hcimiih- 
plislitnl  by  "  ]ini)iil>itin;;  (.'itim<Uaii-i':iuji;lit  tUh  t'roiii  <mi try  into  tlic  portiiof  th<>  I'liited 

StfttfH." 

Tlie  oxistin^  t'ontrovt-rHy  in  one  in  wliicli  two  nations  aro  tlio  pnrtit's  comiiinil. 
Till'  retaliation  fontoniiilat<Ml  I)y  llu'  ai't  of  L'oiiirn'ss  is  to  lie  (Mitorcotl,  not  to  [irntti; 
H<)l»>ly  any  piirtirnlar  inton-st,  however  nnTitorioiis  or  valniiblf,  but  to  maintain  tii. 
national  honor,  ami  thus  prott'ct  all  our  lu-opli'.     In  thin  view  tim  violation  of  Aimri 
<'au  li»ht>ry  rijilitn  nn<l  nnjiiHt  or  unfriendly  actn  towanln  u  portion  of  our  citi/ciiH  cii 
};agt'<l  in  tluH  biiHincsfi  in  bnt  theoocaHJon  for  action,  ami  cotiHtitntcH  a  national  altront 
which  jjiv«'H  birth  to  or  may  juHtify  retaliation.     Tliin  nioaHiiro  onoo  reHorted  to,  ii. 
oft'fctivcni'ss  ami  valm-  may  well  dopt'ml  npon  tho  thoioii^jlim'ss  and  t-xtent  of  it^ 
a])plicatioM  ;  and  in  tho  pcrfornianco  of  international  duties,  the  onforccnuMit  ol  in 
teniational  ri>;hls,  and  tin;  |>roteetion  of  our  citizens,  tluMCJovernmont  and  the  pcoiil,' 
of  the  United  states  must  a-  t  as  a  unit,  all  intent  upon  attaining  the  best  ronult  ol 
retaliation  upon  the  biu^iit  of  n  niaintenaneo  uf  national  honor  and  duty. 

The  nation  Heekin^  by  any  means  to  maintain  its  honor,  dignity,  and  iiite;<;iity,  i^ 
engaged  in  proteetinn  the  rights  of  the  jieople ;  and  if,  in  Mueh  eflbrts,  j)arti<iii;ir  in 
teresls  are-  injured  and  Mpeeial  advanta^jes  forfeited,  these  things  should  tie  patridiii 
alily  borne  for  the  jinldic  good.  \n  immense  volumes  of  popnlal  ion,  nnmufactuies  mi! 
agricultural  produetions,  and  the  marine  t(ninag(<  and  railways  to  whieh  thoHcliavi' 
given  activity,  all  largely  the  result  <d"  intereourse  between  the  I'liifed  .States  am! 
British  America,  and  the  natural  growth  of  u  full  half  century  of  good  :ieiglilM)i]H)(Hl 
and  friemlly  communication,  form  an  aggregate  of  matirial  wealth  and  inciiliuta! 
relation  of  most  imjiressive  magnituilo.  I  fully  appreciate  these  things,  ami  am  imi 
unmindful  of  the  great  number  of  our  people  who  are  concerned  in  hucIi  va.st  am! 
diversified  intercHts. 

In  the  i)erf<irm:iuce  of  the  seriouH  duty  whicli  CongresH  has  imponed  npon  nie,  uii  1 
ill  the  exercise,  upon  just  occasion,  of  the  power  conferred  under  the  act  referred  Vk 
I  shall  deem  myself  bound  to  intlict  no  unnecessary  <laniago  or  injury  upon  any  por 
tion  of  our  peoi»le ;  but  I  shall,  nevertliele.ss,  be  uiilliiichingly  guided  by  a  sense  ni 
what  the  .self-respect  and  dignity  of  the  nation  dcniaml.  In  the  maintenance  of  tlu'M' 
ami  in  the  Huppurt  of  the  honor  of  the  Government,  beneath  which  every  citi/eii  may 
repose  in  safety,  no  sacrilico  of  personal  or  private  interests  shall  l»e  cousidereil  as 
against  the  general  welfare. 
Yours,  very  ' ,  nlv, 

0 HOVER  C'l-KVI!L.\xr>. 

Grorok  Stkklk, 

President  American  Fishery  Union,  and  ofhmn, 

(lloucester,  Man*. 

From  thi.»<  letter,  to  which  the  minority  of  the  coiuinittee  refer  with 
great  satisfactioti,  as  a  correct  exi)3sitioii  of  the  duties  that  Coii},ness 
has  iiui)Oseil  upou  the  Presitleiit  in  theetiforcemeiitofoiir  hiws  of  retal- 
iation, it  will  be  seen  that  the  present  ailininistration  will  treat  tbis 


THE    FISIIKKIKS    TRKATV. 


93 


II.KVELANTi. 


siilt.i«'ct  ill  tlio  Siiiiui  s(Mi.s«  that  Coiij^ress  lias  troatcMl  it,  as  a  que.stioii  of 
national  concern,  and  not  as  a  means  of  |>roinotin<j^  tho  pecuniary  inter- 
ists  of  those  who  control  and  derive  the  chief  Wenelit  of  otir  lisheries, 
siu'li  as  tlie  owners  and  outfitters  of  lishinjj  (U'ets,  and  warehousemen 
and  those  en;ja fifed  in  saltin^r,  «lrvin;;,  and  cannin;;  fish  for  the  interior 
iiiarkefs. 

Tlu'  hardy  fishermen  of  tin*  ITnited  .States  will,  we  believe,  also  he 
protected  in  the  administration  (»f  our  retaliatory  laws,  and  other  similar 
statutes,  uf^ainst  the  common  practice  that  spe<!ulators  in  tho  fishing 
iiiihistry  now  ri'sort  to  of  placing;  their  vessels  in  charge  of  captains 
and  crews  imported  from  Canada,  because  they  can  underbid  our  tisb- 
criiuMi  in  the  matter  of  wages. 

Tliis  i)ractice  is  a  far  more  serious  injury  to  our  fishermen  and  to  the 
IH'ople  of  tho  United  States  than   would  come  from  yielding  twice  tho 

area  of  fishing  waters  that  are  yielded  by  tho  delimitations  of  this 
nraty,  even  if  they  were  goo«l  lishiug  waters.  It  has  already  compelled 
many  of  our  best  fishermen  to  witlulraw  from  th  s,  and  to  .,v.'ek  a  living 
in  oilier  pursuits.  ..    ,        ■   ,        . 

XTV. 

Tin:  QUKSTIOX  Ol-^  TffK  HinTISH  HEADLAND  TIIKOIJV,  AS  TO  SMALLER 
ItAVS  AND  IIAKI50RS  ALONCJ  THE  COASTS,  AND  THE  LLNffTS  OF  OUU 
KFATNCIATIOX  OF  THE  KKiHTS  OF  FISHING,  AND  THE  NATURE  OF 
THE  RESTRICTIONS  FI'ON  THE  RKJHTS  OF  OCR  FISHERMEN  TO 
1:NTER  THE  HAYS  AND  HARI5ORS0F  15R1TISH  NC  RTH  AMERICA,  ARE 
MATTERS  OF  DISPUTED  RIGHT.  ADMISSIONS  MADE  HERETOFORE  BY 
AMERICAN  DIPLOMA  riSTS,  AS  TO  THE  DIFFICULTY  OF  CONSTRUING, 
lilJAMMATICALLV,  THE  TEXT  OF  THE  TREATY  OF  18lf<,  GIVE  C(^LOR  TO 
THE  IJRITKSH  CONSTRUCTION,  AND  PROVE,  AT  LEAST,  ITS  SINCERITY. 

It  is  boldly  asserted,  in  opposition  to  this  treaty,  that  there  is  no  sort 
iiftMpuvalent  for  the  l,ll!7  square  miles  of  fishing  waters  that  we  con- 
"odebythi^  fixed  lines  of  delimitation  in  this  treaty.  This  assertion 
niipcaches  ootli  the  right  of  the  IJritish  (fovernment  and  the  sincerity 
«»f  its  claim  of  the  headland  theory,  as  it  applies  to  bays  more  than  G 
miles  wide  at  the  entrance.  Nevertheless  that  assertion  is  much  weak- 
tacd  by  tho  otlicial  opinions  of  eminent  American  publicists,  commuiii- 
•  ated  to  the  British  (lovernment. 

If  the  territorial  claims  of  both  (iovernments  were  sincerely  asserted, 
as  we  believe  they  were,  in  reference  to  tho  fishing  waters,  the  modifl- 
eatiou  of  them  by  mutual  consent  has  always  been  held  in  the  conduct 


ID 


« 
J 


*J4 


THK    n8Hi:i{IE8   TREATY. 


Hi 
Us 


of  iiiUioris  us  a  ;;o(nl  tMiuivuloiU,  moving  from  iMch  to  tin;  other,  for  the 
ooiieeM.sioiiM  iiiutiially  nuulc.  Tlii.s  doctriiio  is  uIho  applied  by  the  courts 
an  lu'tweeii  iiiiUviiluals  to  support  ajjieemeiits  hasetl  on  theetuisijlcration 
of  .yielding  or  Nettliii;;  (lispute«l  cliiitns. 

In  contrast  with  theass(>rtioiiof  the  iitt4>r  want,  of  reason  in  the  elaiins 
of  Great  Jiritain,  based  on  the  headland  theory,  we  find  many  stroii;,' 
«leclarations  of  our  (lovernment.  Mr.  Monror,  Secretary  of  State,  on 
Deeendier  'M,  ISKJ,  admitted  that  a  discnssi«>n  of  riiflits  shoiiM  !»<• 
avoided  when  mutual  romrsHiiniH  trvrc  inressari/  ta  hiin'i  the  trcdtiipoircrs 
ion  mntiml  ttfirecmrnf.     lie  said  to  Mr.  iSapit : 

In  provitlitiK  for  tlio  Hccoiiunoilation  of  tlio  citi/.eiiNof  tliti  Unit(>«l  Stiitrit  (■ii;;iij;i>(!  in 
tbt"  liHlifi'icN  nil  the  coastM  of  Hit*  Hritaiiiiii-  Miijcsty'H  roIoiiiiH  on  cotDlitidiis  advniita- 
ficoMH  to  liittli  nartit'N,  I  oomur  in  tln>  stMitiniont  tliat  it  is  <U>Niral>l«<  to  avoid  atliNiiis 
«ion  of  tluir  rtupcclire  ti'jht»,  and  to  procKt-d,  in  a  npirit  of  conciliation,  to  exuiiiinr 
what  ainiHijement  witl  be  adninnte  to  thv  ohjrct.  TIik  discnHNion  which  htt»  already  taken 
place  botwern  our  Oovornnu'ntHhas,  it  in  presnnnsl,  vlaceti  the  chiim  of  each  itart'j  in  a 
jutt  Ihjht. 

Our  claim  then  was  that  we  had  a  common  ri;;htof  fishery,  on  all  tlic 
coast!*,  with  the  people  of  the  iWitish  North  American  Tossessions. 

The  Hritish  (Jovernment  then  claimed  that  the  war  '»»"  1S12-'1.")  had 
destroy. 'd  all  <)ur  claims  in  such  fisheries.  On  the  lIHt  'y,  ISIS,  Mr. 
Adams,  Secretary  of  Stat<',  instructed  Mr.  (lallatin  *...v.  .\rr.  Iiusli  iis 
follows: 

The  President  antlntrizcH  yon  to  a^reo  to  au  nrtiolu  whereby  the  United  States  will 
<le8iHt  Ironi  the  liberty  of  ti.«(hin^,  and  c-nrinj;,  and  dryinj^  li.sli  iri//ti»  Ihe  /<» iViiA  jiofi- 
dir''.0H  tjeHiralUj,  npon  ctnnlition  that  it  Nliali  bo  Hcenreil  as  a  jiernianent  ri;;lit,  nut 
liabbt  to  bo  impaired  by  any  fntnro  war, /row  Vupe  Hay  In  Hamca  Islitnilx,  and  jrum 
Mount  Joli,  on  the  Salvador  count,  through  theitrailH  of  Hell e  Inle,  indefinileltj  north,  alo»ii 
the  coa»t;  the  rit;ht  to  extend  as  well  to  cnriuj{  and  drying  the  lUh  ns  to  tisiiiiij;. 

This  instruction  was  (tertainly  much  more  liberal  to  the  subjects  nt 
Great  IJritain  than  the  first  article  of  the  treaty  that  was  mademidcrit. 
But  the  instruction  stated  the  demand  of  the  United  States,  and  tlie 
British  have  a  ri^ht  to  ar^ue,  at  least,  that  the  treaty  was  inteiidetl  to 
conform  to  it  as  to  the  i)rinciples  involved  in  it. 

Ciainiinjj  absolutely  the  ri;;ht  to  enjoy  these  fisheries  in  coinnioii  with 
the  Canadians,  anil  basin;^  otir  claim  ui)on  the  highest  consideralioiisof 
justice,  w'o  were  njet  with  the  counter-claim  of  Great  Britain,  that  nil 
our  fishing  ri^jhts  in  Canadian  waters  were  granted  to  us  by  the  treaty 
of  178.3,  and  that  that  treaty  had  been  abrogated  by  war.  In  thisdis 
pute,  which  was  vital,  we  found  ho  much  reason  for  alt  adjustment,  that 


TIIK    FIMIKUIKS    TKKATY. 


9") 


oiirplt'iiipott'iitiiuit'soirorotl  toCiroiit  Ilrifiiiii  tlii'  surrnnlorof  onrrixlitM 
to  llic  oxU'iil  tlu'.v  wt'io  roMonncctl  in  tlio  trouty  ol'  ISlS. 
Our  nh'iiip«»t('iitiiiiie.«*,  in  expl'iiiiiii^  tin*  tn'iily  to  (»iir  (io\«'nitiient, 

siiy : 

It  will  nUo  Im  pcn'rivt'il  tli;it  \vt«  iiiHiHli"!  on  tln«  clansi'  liy  vvliiih  tlif  I'liitcd  Statt'n 
ii'iioimi-e  thfir  rij;)it  to  Hi<<  tUluM'ii'H  r<>liiii|iiii4li(>il  liy  tlu'convfutimi,  that  rlanst-  lii-inj^ 
iiinittcd  ill  tliu  lirnt  Drilish  ciuinter-iirnjoot. 

We  insii  tml  on  it  witli  llio  view:  (1)  Of  jiicvi'utiu);  iiiiy  implicutiiin  tliut  tli««  CihIi- 
irivN  M'ciiri'd  to  iiH  \von<  a  tn'W  ^laiit  ami  of  plnciii^  thn  pfriiiaiivnce  of  tlio  rightH 
siTiin'il  uihI  of  tli<m««  ri'iionnioil  jiri'ciwly  on  tlio  Naiiio  footiiiix;  C-i)  of  itH  l>t'iim  e.\- 
]ir«f<N!y  Hf;it»'<l  IIkiI  our  iriiiiin'idlion  t'X'fiiilfil  only  to  tin*  distiinfo  of  lime  ihiirs  /row 
the  ('(lanli. 

The  ri'jisoiis  tliry  assi^jiu'd  for  tlu5  iinportanco  of  this  point  briny;  into 
serious  donUt  tli«  qut'si ion  \vlii'tlu»r  this  ronunoiation  extcndetl  to  the 
ocean  coasts,  oi'  the  coasts  of  the  bays.     They  are  as  follows: 

This  laHt  point  wan  tlm  ii»oi«'  inii>ortuiit,  as,  with  tliu  t'xcri'ptioii  ol"  tliu  iisshcry  in 
ojirn  boitia  ivilliin  iiirtuiii  li"rhofn,  \l  a|ip<«aiiMl  fioii:  iho  (•oininuiiitutioiii  ahovL'  uit'ii- 
tiouM,  that  the  Jlsliing-yroiind  on  llie  irliolf  count  of  Xova  Scotia  in  more  than  thnr  miles 
from  the  nhoret;  whiltt,  on  tlio  contv  vry,  it  »'»  almost  univermllg  clone  to  the  shore  on  the 
roiint$  of  Lnhniilor,  It  ii  in  that  point  of  V'  that  the privilcije  of  enteriuij  the  porta  for 
xhiltrr  in  imrful,  and  it  is  h(>|H>d  that,  wit'i  I  hat  jii'KVision,  a  roiiHidtrahIc  porliini  of  the 
(irliial  ftshcriiH  ov  iuat  COAST  (of  Nova  Sfolia)  in/',  iiolHilhntnndiiiy  Ihr  reinniiini'oii, 
'If  prfKcrrrd. 

Ill  view  of  tliese  declarations  of  our  plenipotetitiaries,  who  iK'j;otiatetl 
the  treaty  of  ISLS,  no  censure  can  be  due  to  Daniel  Webster  for  having 
cNpressetl  the  opinion,  in  what  is  termed  his  ''proclamation"  tooiir  lish- 
crmen,  that  ''it  vvonhl  appear  that,  by  a  strict  and  ri{;id  (construction  of 
this  article"  (of  the  treaty  of  1.S18),  ''  lishing  vessels  of  the  United  {States 
are  precluded  from  entering  into  the  bays,"  etc.,  and  that  "  it  was  un- 
iltMilitt'dly  an  oversight  in  the  convention  of  ISIS  to  make  so  largo  a 
citiicession  to  I'Inglaiid,  sitice  the  United  States  had  usually  considered 
that  these  vast  itdets  or  recesses  of  the  ocean  ought  to  be  open  to  Amer- 
u-aii  lishermen,  as  free  as  the  sea  itself,  to  within  three  miles  of  the 
^liore." 

It  was  not  until  March,  184."),  that  the  Bay  of  Fundy  was  declared 
open  to  our  tisheries  bj' the  liritisli  (Jovernment,  ou  condition  '■Uhat 
fhcy  do  not  approath,  except  in  cases  specified  in  the  treaty  o/lSlS,  irithin 
three  miles  of  the  entrance  of  any  hay  on  the  coast  of  Nova  Scotia,  or 
New  lU'unswicU." 

Un  the  17th  September,  1815.  the  governor  of  Nova  Scotia  was  in- 


i'. 


'HI 


jit 


96 


Tin:    t'ISliKRIES   TREATY. 


structed  by  the  IJritish  GovennntMit  tliat  the  jwrmission  to  tish  that 
had  lu'CMi  coiu'eded  to  lis  in  the  Jiay  of  Fund}'  did  not  extend  '"to  the 
IJay  ot'C'haU'lir  and  other  hirge  bays  of  similar  chiuacter  on  the  coast 
of  Nova  Si'otia  ami  New  Brnns'.vick,"  and  that  they  ^^stUl  (idherc  to  the 
fitrii't  letter  of  the  treoues,'^  of  wiiich  Mr.  Webster  afterwards  spoke  iu 
his  cirenlar  letter  in  1852. 

Many  other  disputations  liave  oeciirred  over  the  nieaninj;  of  this. 
treaty,  as  to  the  extent  of  the  rennneiation  of  our  fishing  rights  within 
.J  miles  of  the  coasts,  bays,  harbors,  and  creeks  of  the  British  North 
Aineriean  possessions,  ami  we  are  in»t  aware  that  any  of  them  have 
l)eeii  definitively  settled.  Mr.  Everett,  minister  to  (Ireat  Britain,  on  the 
L*oth  March,  l.Sl."»,  replied  to  the  letter  of  Lord  Aberdeen,  stating  the 
action  of  the  British  (Jovernment  in  relation  to  our  right  to  fish  iu  the 
Bay  of  Fmiday,  in  which  Lord  Aberdeen  said: 

The  uiulersimu'd  will  ooiiiiiio  hiinst'lf  to  statin;;  thiit,  after  tlio  most  delilieraierc- 
fousideratioii  of  the  siiliject,  and  with  every  desire  to  do  full  JuHtice  to  the  I'nitod 
States,  und  to  view  tlio  chiiiis  put  forward  on  liehii'f  of  the  l.'iiited  .States  citizens  in 
the  most  favorablo  Iij;l't,  Hit  >fajf«ty'8Cioverniiient  are  iievcrtheU'HS  still  constraiiitil 
to  deny  the  rij!;ht  f^f  United  States  citi/ons,  under  the  treaty  of  1818,  to  fish  in  that  [nirt 
of  the  Hj\y  of  Fnndy  which,  from  it*  ^eoj;raphital  ixmitiun,  niny  properly  ho  con- 
sidered ;«.i  in<'lnded  within  th'.^  Ihitish  possessiouM. 

Her  MaJeHty's  (iovenmient  still  maintain — and  in  this  they  arc  fortified  by  high 
legal  iintl'srity — that  the  liay  of  Fnndy  ■!>  rightfully  elaimed  liy  Great  liritainuHii 
bay  within  the  meaning  of  the  treaty  of  IHlr',  unil  they  eiinnlly  maintain  the  position 
which  was  laid  down  in  the  lioto  of  the  nndersigned,  dated  tli«  loth  of  April  last,  that 
with  ri'gard  to  the  other  bays  on  the  Ilritish  American  coasts  no  United  States  fish- 
erman has,  under  that  convention,  the  right  to  tish  within  ',1  miics  of  the  eiitratictoi' 
such  baysasdesignaied  by  a  line  drawn  from  headlaml  to  headland  at  that  entiante. 

That  treaty  wtis  then  '21  years  old.  It  is  now  70.  JJiit  Mr.  lidwanl 
Everett,  instead  of  recommending  war  as  the  means  of  meeting  thistiat 
denial  of  onr  rights,  that  tire  now  consi<lcred  so  clear  as  to  be  indisputa- 
ble, replied  to  Lord  Aberdeen,  in  the  same  siiirit  that  subsequently  i»ei- 
vaded  Mr.  Webster's  circular  (above  quoted),  as  follows: 

I5i»eaking  of  the  attitude  of  the  United  Htates  as  to  the  British  con- 
structiou  of  the  treaty  of  LSL*^,  he  says: 

While  tin  y  have  ever  been  prepared  to  admit,  lliiit  in  the  letter  of  one  expression 
of  that  instrument  there  is  some  reason  for  claiming  a  right  to  exclude  United  Stat*-* 
ttshermen  from  the  Day  of  Fnndy  (it  being  diflicult  to  deny  to  that  arm  oi  thi)  hva 
the  name  of  "  liay,"  which  long  geographical  usage  has  assigned  to  it),  t'ley  havo 
ever  strenuously  maintained  khat  it  is  only  on  their  own  construction  of  the  entire 
article  tliat  its  known  design  iu  reference  to  the  re^-ulatiou  of  the  lisherics  adiiiit.<iof 
being  e^"ried  into  ellect. 


THE    FISHEKIES    TREATY, 


or 


i',i  itisU  con- 


Will  Ml*.  Everett  alsoln^  consnreil  for  fituliuffuililciiUies  in  the  head- 
land theory  of  the  lU-itish  Government  (so  clearly  stated  by  Lord 
Al>enleen)  that  stajrjjered  Mr.  Webster's  honest  mind  in  1852? 

A  still  more  conspicuous  and  deliberate  presentation  of  the  dilTlculty 
(ilinTivinf;  at  a  satisfactory  construction  of  the  lirst  article  of  the  treaty 
of  ISIS,  and  of  the  propriety  and  necessity  of  an  a,ijreement  with  Great 
Britain,  as  to  its  true  meaninjri  is  found  iri  the  letter  of  Mr.  Evarts, 
Secretary  of  State,  to  J\Ir.  Wehdi,  our  minister  to  England,  of  Septem- 
l)er27,  1878.     Mr.  Evarts  says: 

If  tlic  bi)ii'V()l(Mit  nu'tliotl  of  iirliifnif  ion  lictwccn  iiafioiis  is  to  conmxiul  itwlf  .as  a 
iliscrect  and  i»iactic(il  disposition  of  iiiternatio!iai  ilisputcs,  it  must  he  Ity  adiio  niain- 
icnance  of  the  wifcty  and  inteRrity  of  tho  transaction,  in  the  cs.sontial  point  of  the 
award  observing  thu  limits  of  the  Hnbmissiou. 

ISiit  this  (iovorninent  is  not  at  liberty  to  treat  the  fisheries  award  as  of  this  limited 
.uti-rest  and  oj)eration  in  the  relations  of  tlio  two  countries  to  tho  important,  perma- 
nent, and  ditlicnlt  contention  on  the  subject  of  tlie  fisheries,  whlcb  for  six fy  years 
lias,  id  intervals,  pressed  itself  ujion  the  attention  of  the  two  (iovernmenrs  und  dis- 
quieted their  people.  Tho  temporary  arranyenient  of  the  fisheries  by  the  treaty  of 
\V:i.shiuf;tou  is  terminable,  at  tho  pleasuni  of  either  party,  iu  less  tlian  seven  years 
iViiin  now. 

And  he  then  i>roceeds  to  argue  that  if  this  Government  accpiiesced  in 
the  measure  of  damages  assessed  by  the  Coinmissiou,  our  rights  might 
be  prejudice*!  after  the  twelve  vears'  period  expired.  Referring,  further 
on  in  the  dispatch,  to  the  historical  aspect  of  the  matter,  Mr.  Evarts  said: 

Ourdiploniatie  intercourse  has  unfolded  the  views  of  successive  British  and  Ameri- 
ciiuahinets  upon  the  confiietinj;  claims  of  mere  ri>;ht  on  tho  one  side  and  tho  other, 
and  nl  tho  sjimo  time  evinced  on  both  sides  an  amicable  preference  for  i»ractieal  and 
iK'acL'fid  enjoyment  tif  the  tisheiies,  eompiitil)ly  with  a  common  interest,  rather  than 
a  nacrilice  of  snch  common  interest  to  a  purjiose  of  insisting  upon  extreme  right 
at  a  loss  on  both  sides  of  what  was  to  each  the  advantage  sought  by  the  coutention. 

In  ibiH  dioposition  the  ttco  countries  have  inclined  more  and  more  to  retire  from  irrecon- 
'il'ilile  difipittationB  ««  to  the  true  intent  rorered  by  the  Homewhat  careJens  and  certainlji 
nicomplfte,  text  of  the  vonrtiition  o/lHlH,  and  to  look  at  the  true  elements  of  jn-olits  and 
lMo»iitrity  in  the  lisheries  themselves,  whicii  alone,  to  the  one  side  or  the  otlier, 
mde  the  shares  of  their  respective  participation  therein  worthy  of  dispute.  This  sen- 
«iMe  and  friendly  view  of  tho  matter  in  dispute  was  greatly  assisted  by  tho  espe- 
r.eHte  of  tlie  provincial  populations  «>f  a  period  of  common  enjoyment  of  the  fisheries 
ifilhoiit  attention  to  any  nealine  of  demarkntion,  hut  irith  <i  vertaln  diitribnlion  of  indua- 
liiflJ  und  economical  adeanlaytnin  the  prosecution  and  the  product  of  thix  common  enjoymen  t. 

Here  is  almost  an  exact  repetition  of  Mr.  Webster's  declaration  of  1S52 
as  to  the  unsatisfactory  and  uncertain  character  of  the  <u)nvoution  of 
jlSlS,  especially  to  tho  "sea-line  of  demarkation.*' 
S.  Mis.  100 7 


98 


THE    FISHKRIKS    TRKATV. 


Aft  to  the  roprosontatii)na  iniide  by  the  Se<'rotary  of  State  to  tlipllrit. 
isU  minister  in  Washinixton  in  the  cases  of  the  Joseph  iSforj/  and  Ihrhj] 
J.  Adamti,  in  notes  daletl  respectively  the  10th  and  L'Oth  of  ^lay,  ISSGJ 
the  Earl  of  Uosebeny  coninmnicated  to  Sir  liionel  West  a  report  of  tliol 
Cana«lian  ininistir  of  marine  and  lisheries,  <!(>py  of  whidi  wascoiiniiiH 
nicated  to  Mr.  Hayard  by  Mr.  llardin*;',  Hritisli  vlKutji'  d'a(}}iire.%(i\\i 
Au^jnst  2,  188(J.  Fiom  this  report  tlie  foHowinj;  in  reply  to  Mr.  Huy-I 
bird's  arj;nment  for  commercial  privile;;es  is  here  qnoted : 

In  utKlitioii  to  tliisfvitU'iin',  it  must  bo  ronieiiilu'nMl  that  th«  llniteil  Slates  (iovJ 
tTUiueut  admitti'il,  in  tlu>  cii.su  siiliinittcil  by  thoni  bnfof(«  tho  Halifax  CoinniiHsini, 
1877,  that  ueithor  tho  ('oavi'iition  of  181,-*  nor  tl»«  Treaty  of  Washin^jtou  coiil'tunl 
«iny  right  or  privilt^j^o  of  trailiujt  on  American  liHht«rnion.  Tho  Ifritish  case  cliiiiiiilj 
coinpcnsatitui  for  thi*  jtrivih-jjo  which  had  Ihmmi  jjivcn  sinco  tiii'  ratilicatioii  of  ih^ 
latter  troaty  to  IJniteil  Statos  li-ihinjj;  vcs.hi'Is  "  to  transfor  rarijoos,  to  ontlU  visscl* 
by  NupplioH,  obtain  ice,  tMijjajjo  sailora,  procuro  bait,  and  trallic  g<!n«'raily  In  Briiisi 
ports  antl  harbors." 

ThiM  chtini  was,  iiowever,  Huccessfiilly  resinfod,  antl  in  tin'  I 'ni  tod  States  case  it  i 
niainlainod  "  that  the  varions  incidental  and  reciprocal  i.dvanta^cH  o'.'  tlie  litiiv 
such  a»  tho  privili-i^fs  of  ti.i*h;',  purchasinj;  l)ait  and  other  Hnpi)lies,  are  not  tlicsnl^ 
Ject  of  compensation,  bora  use  the  'I'reaty  of  \Vasliin;ilon  confers  no  anch  rights  (nith 
inhabitants  of  the  Unite<l  ^jtaten,  who  now  iMijoy  thcin  merely  by  sntVerance,  ,iim1  wl 
can  at  any  titn<'  bo  deprived  of  thorn  by  tho  onforceinent  of  exintin«{  laws  or  third 
fnactniPUt  of  former  oppressive  ntatuteH.  Moreover,  tho  treaty  docs  not  provide  f^ 
any  ponHilde  conipen!iatiou  for  audi  privile;{c.s." 

Still  later  ii  reply  to  the  representations  made  by  Mr.  lMiel|).s,  at  I.n 
don,  was  written  by  the  Canadian  minister  of  justice.     From  his  i»|ii| 
we  <pioU!i  the  following:  ,  ,, 

But  even  at  thi8  barrier  tho  difficnlty  in  f  )IIowin>^  Mr.  I'holps'n  arjfnnient  In  wind 
lie  seckn  to  reach  tho  interpretation  he  desires,  does  not  eiul.     .\fter  takin"  a  viinj 
the  treaty  which  nil  authorities  thus  forbid,  he  say.s:  "Thus  n-jicarded,  it  a|ipi;ir>j 
me  clear  that  th»'  word«  'for  no  <ither  purpose  whatever,"  as  employed  in  tin'  trMi 
uieau  for  no  other  purpose  incou.slMtent  with  the  proviniouHof  the  treaty."    Taken! 
thatBeune  the  words  would  have  no  meaning,  for  no  other  purpose  would  he  eotis^ 
ent  with  the  treaty,  excepting  those  nuMitioned.     Ho  proceeds,  "or  prejndiilMl  [> 
interests  of  the  provinces  or  their  inhabitants."     If  th<(  United  .States  antlioritnsj 
the  judges  :is  to  wh.it  is  prejudicial  to  those  inteiests,  tho  treaty  will  have  vin  iitj 
value;  if  the  provinces  are  to  bo  the  judges,  it  is  most  prejudicial  to  their  iiii" 
that  United  States  fishermen  hIkuiM  be  permitted  to  come  into  the  harbors  on i 
pretext,  and  it  is  fatal  to  their  fishery  iiit«ix>sta  that  tbeso  tishernien,  with  v.iioiiiti 
have  to  compete  ut  such  a  disadvantage  in  the  markets  of  the  United  States,  "li* 
bo  allowed  to  enter  for  Kiipplies  and  bait,  even  for  the  pursuit  of  tho  deep-s""' 
eries.     Uefore  concluding  his  reiuarkson  this  subject,  tho  undersigned  woiilii  '"''''^ 
u  passage  in  the  answer  on  behalf  of  the  I'nited  .States  to  the  <'»so  «»f  Her  M.ijn 
Government  as  premuited  to  the  Halifax  Fisherius  Coutinissiou  in  ld77  :  "Tie  vari 


THE   FISIIKUIKS    TREATY. 


99 


iiicidentftl  uiul  reciprocal  advnntaj^os  of  the  treaty,  Huch  an  the  privileges  of  trafllc, 
])Uichasiiiji[  bait  and  other  supplies,  are  not  the  Hiihject  of  compensation,  because  the 
treaty  of  \Va«hin;jton  cijnfers  no  such  ri^lits  on  the  inhabitants  of  the  Inited  States, 
icho  now  enjoji  llinn  mcnlii  by  aiiffirance,  and  who  can  at  any  time  be  deprived  of  i hem  by 
the.  enforcement  of  exUlintj  lawa  or  the  re-enforcement  of  former  oppreHHlve  atatufes." 

If  tlic  i)r<)clainiiti()n  of  18,30  and  tlio  order  in  council  of  that  year  ex- 
tondc^l  to  the  lishiny  vessels  enjjaj'ed  in  the  lisheries  adjacent  to  the 
Ihitish  I'rovinces  on  the  North  Athintic  and  repealed  the  treaty  of  1818, 
iii  its  restrictive  i)arts,  the  position  taken  by  the  Tnited  States  l)efore 
the  Halifiix  Coinmission  was  a  serious  erroi'. 


XY. 

A  i'km:(i:i)i:nt  was  i  siaulisiied  uy  im{esidi:ntja('k.son  ix  i<.u  as  to 

Tin:  WISDOM  Ol'  I'DKIIKAIIAXCK  IN  COMMHHCIAL  KKTALIATION,  OR 
IN  MAKIN(;  KEl'inSALS  ¥011  A  WILLFUL  VIOLATION  or  TREATY  OU- 
LKJATIONS,  AS  TO  THE  MEANINO  OF  WHICH  THERE  WAS  NO  DIS- 
I'UTE.  RATHER  THAN  DISTURB  SERIOUSLY  THE  INTERESTS  OF  OUR 
PEOPLE. 

Tlie  residts  of  a  hnn  but  pacihc  policy  in  deinandinj;  a  compliance 
with  treaty  obli;;ations  with  friemllv  i)ower.s  are  stronjjly  exenii'lified 
ill  the  conduct  of  President  .la<;Uson,  in  reference  to  the  treaty  of  July 
i,  1831,  with  the  Trench  (lovernnient. 

liy  that  treaty  France  acknowledged  an  indebtedness  to  the  United 
States  of  *Jo,UOO,OOU  francs,  payable  in  six  annual  instalments,  with 
interest,  the  llrst  due  l'\'bruary  7,  IS.'}.!.  The  Chamber  of  Deputies,  by 
a  nmjority  of  eight,  refused  to  enable  the  King  to  carry  out  the  treaty 
Ity  withholding  ihc  necessary  ai»propriation.  This  was  on  the  alleged 
jiround  that  our  plenii>oteuti.iiy,  having  a  superior  knowledge  of  the 
facts,  had  obtained  an  uinlue  advantage  of  the  French  aegotiator  in 
the  tern»s  of  the  treaty. 

The  reply  of  Mr.  Livingston,  that  he  had  obtained  the  information  on 
wiiich  he  had  acted  almost  exclusively  on  i)apers  obtained  in  France, 
was  a  conclusive  vindication  of  that  good  atul  emiiuMit  man. 

This  and  subseciuont  refusals  of  tho  deputi(^s,  together  with  irritating 
expressions  of  the  French  (Jovernment,  caused  the  witlnlrawal  of  dii)lo- 
inatic  intercourse  with  that  (l<»vernment.  And  demands  of  the  French 
<ieputies  that  President  Jackson  should  withdraw  certain  forcible  com- 
iiu'nts  made  by  him  in  his  messages  to  Congress  on  this  subject  gave 
him  just  cause  for  iiidignation. 

In  view,  however,  of  the  serious  results  that  always  follow  'vprisals, 
retorsions,  an«l  retaliations,  even  under  the  heat. of  a  just  i  ulignation 


100 


THE    FISHEKIES    TKEATY, 


fi>r  a  fla«;rant  wronjj,  Presidoiit  Jackson  thus  advisiMl  Coujjress,  in  his 
«ixth  annual  inessajjo  (IS^}4),  as  to  the  policy  of  sncli  action  : 

Our  institutions  jiro  ossiMitiiilly  pacilic.  Peiico  and  fVioiitlly  iiitoiconrso  witli  all 
nations  nio  as  ninch  the  di'siro  ol"  our  (Jovornincnt  an  tlicy  arc  the  intt  rest  ot'oiir 
people.  But  tlu'se  objects  are  not  to  lie  per  nanently  .seoure«l  liy  Miureiidvriiif;  the 
rights  of  onr  citizens,  or  permitting  soienui  treaties  for  tboir  indemuitv  in  vhh-a 
of  tlu;;rant  wron;;  to  be  abro^rateil  or  set  aside. 

It  is  undoubtedly  in  tlio  power  of  Congress  seriously  to  affect  the  agricnltmal  and 
manufacturing  interests  of  France  by  the  passage  of  laws  relating  to  her  trade  with 
the  Tnited  States.  Her  products,  iuannfactures,  and  tonnage  may  be  subjicted  t'* 
heavy  duties  in  our  ports,  or  allconunercial  intercourse  with  her  may  be  susiuMiilt'd. 
But  there  i\re  powerful  and,  to  my  mind,  conclusive  objections  to  this  mode  of  pro- 
oec'diiig.  We  can  n«tt  embarrass  or  cut  off  thi"  trade  of  France  without  at  the  same 
time,  in  some  degit'o,  embarrassing  or  cutting  oft'  our  own  trade.  The  injury  of  siuli 
a  warfare  must  fall,  though  unequally,  n]ton  our  own  citizens,  and  could  not  but  iiii- 
p.'iir  the  means  of  the  (Joveriimcut,  and  weaken  that  united  sentiment  in  support  of 
the  rights  and  hor.or  of  the  nation  which  must  now  pervadt  every  bosiuu. 

Nor  J8  it  impossible  that  such  it  course  of  legislation  would  introduce  once  more 
into  onr  nati(Mial  councils  these  diutnrbing  questions  in  relation  to  the  tariff  of  duties 
which  have  been  so  recently  put  t'»  n^st;  besides,  by  every  measure  adopted  by  tin- 
Governuient  of  the  United  Slates,  with  the  view  of  injuring  France,  the  clear  p<'r- 
i-ejition  of  right  which  will  induce  our  own  i)eo|de,  and  the  rulers  and  pcopli'  of 
all  <ither  nations,  even  o'  France  herself,  to  pronounce  our  quarrel  just,  will  he  ob- 
scured, and  the  support  rendered  to  us,  in  a  linal  resor(  to  more  decisive  measures, 
will  be  more  limited  and  equivocal. 

There  isbnt  one  point  in  the  controversy,  and  upon  that  the  whole  civilized  world 
must  pronounce  France  to  l>e  in  the  wrong.  We  insist  that  she  shall  pay  us  a  Kiun 
of  money  which  she  has  acknowledged  to  be  due,  and  of  the  justice  of  this  demand 
there  can  be  but  one  o|iinioii  among  mankind.  True  (tolicy  would  sccui  to  dictate 
that  the  ipiestion  at  issue  should  be  kept  thus  disencnuibered,  antl  that  not  the 
slightest  pretense  should  be  given  to  France  to  persist  in  her  refusal  to  make  pay- 
nieut  by  any  act  on  our  part  aft'ecting  the  interests  of  her  peiq)le.  The  question 
should  be  left  as  it  is  now,  in  such  an  attitude  that  when  Fr.mce  fulfills  her  treaty 
stipulations  all  coutntversy  w  ill  be  at  an  end. 


XVI. 

nv  Tin:  DELiMir.vnoN.s  fixed  in  this  tke.vtv  we  yield  NoniiNt- 

THAT  IS  OF  ANY  VALITE  TO  OUli  FISHEIJMEN.  WHAT  WE  YIKLU  IS 
OF  VALUK  TO  THE  BRITISH  PROVINCES  AS  A  MEANS  OF  CONDIUHIXH 
THEIR  LOCAL  GOVERNMENTS.  THE  TREATY  IS  A  JUST  AND  FAIli  SKT- 
TLEMENT. 

The  treaty  now  boloro  tlio  Senate  wisely  and  reasonaUly  provides '.or 
the  settlement  of  all  disputed  (juestious  that  have  biieii  under  discussion 
by  the  tTO  Governments,  jmd  atlds  greatly  to  the  privtlei^es  nl  (nir 
fishermen  in  the  British- American  ports. 


THE    ri.S)[p:KIES    TREATY. 


101 


111  ii  piiblislKMl  l(5ttor  of  the  cliiof  counsol  of  the  "ontlitters"  and 
owners  of  llshiii};  vessels — Mr.  Woodlmry — ho  .Siiys,  that  "the  right  to 
tisli  on  the  coast  of  Nova  Scotia,  within  the  u-inile  limit,  our  rislieniien 
ionsider  of  no  vahio  whatever." 

The  report  of  the  Senate  ConiiniUee  on  Forei<;ii  delations  of  January 

1!),  1887,  on  the  value  of  inshore  lishing  rij^hts,  and  the  riyht  to  take 

fc<ir  buy  bait,  to  which  reference  lias  been  made,  shows  conclusively  that 

tliey  are  of  no  value  to  our  lisherineii.     lii  their  rejiort,  the  committee 

siiv: 

• 

From  the  iiivi'.stixHtiotiH  made  by  tlio  coiTimitti-e  duriu);  the  last  buiiiukt  and  fall, 
uimI  uh  the  result  of  the  yreat  niasM  of  teHtiiiiony  taken  by  it  and  herewith  returned, 
tilt'  i-onuiittee  believe  it  to  be  c!ear,  beyond  all  dispnte,  that  the  ri<{ht  to  fish  within 
:;  iiiile.s  of  tiie  I)oniiiiu>n  x/iorc-i  in  of  no  praclicul  luh-antayc  whaletvr  to  American  Jish- 
nmen.  The  cod  and  halibut  liMhin;^  has  been  for  many  years  almost  entirely  eavried 
(111  at  loiiy:  distanees  from  tlie  shores,  in  the  deep  waters,  on  banks,  etc.;  and  it  i8  be- 
lieved that  were  there  ab8<dute  liberty  fo**  Americans  to  iisb,  without  restriction  or 
n';;iilation  of  any  kind,  within  It  miles  of  the  Dominion  shores,  no  such  tishernian 
wiiiiitl  ever  think  of  jjoinj;  there  for  the  jjurposeof  eatehiiiK  eod  or  halibut. 

"As  rej;ar(>s  thi^  obtaininj;  of  bait  for  this  class  of  (ishing,  the  testimony  taken  by 
the  committee  in  its  iminiries  dearly  demonstrates  that  Ihetr  is  no  ueirisiti/  uhateverfor 
Imeriian  JiHhermeti  to  rmort  to  Canadian  ivateis  fov  that  pinpom:  Clam  bait  is  found  in 
iiuiiienseqnantities  in  our  own  waters,  and  there  have  been  instances,  so  frequent  and 
continnons  as  to  amount  to  a  habit,  of  the  Canadian  thtmselveH  iraortin)/  to  Ameiican 
mjitm  iir  ports  for  tlie  pnt'iioiiv  of  ohtuining  it.  The  nqiiiJ  bait  is  found  on  the  rertjhnnkn 
irhcrc  tiiejinhinij  ijois  on.  Soth.it  \\ni  instances  would  be  cxtrcmelii  rare  uhen  any  American 
Jisliintj  vesnel  would  wish  to  resort  to  u  Dominion  port  for  the  jmrpose  of  buying  bait 
for  this  kind  of  iiHhinj; 

"  It  waa  ahoprored  before  the  commillee  that,  with  the  rarest  exceptions,  it  tvonhl  be  ab- 
gohitelif  injurious  to  the pecuniarii  interests  of  all  concerned  for  American  resseh  to  retort 
to  Dominion  porlsor  naters,  except  in  need  or  distrens,  for  the  time  taken  in  such  depart- 
iircs  from  the  cod  and  halibut  );rounds,  or  from  direct  sailing  to  and  from  tliem,  i<i  so 
(jrtat  that,  with  or  without  the  difference  of  port  cfpcnscs,  time  and  money  are  both  lost  in 
Kiich  risitt. 

"  III  respect  of  the  mackerel  fishery  the  committee  linds,  as  will  be  seen  from  the 
•  vidence  referred  to,  thot  its  course  and  methods  hare  of  late  years  entirely  chanyed. 
Wliiio  it  used  to  be  carried  on  by  vessels  llshiiig  witli  hook  ami  Une,  and  sometinua 
mar  the  shores,  it  is  now  almost  entirely  carried  on  by  the  use  of  immense  seines,  call*  d 
imi-se-seines,  of  great  length  and  descending  many  fathoms  into  the  water.  This  gear 
is  very  expensive,  and  a  fishing  vessel  does  not  usually  carry  more  than  one  or  two. 
The  danger  of  tishing  near  the  shore  with  such  seines  is  so  great,  on  account  of  strik- 
ing rocks  and  reefs,  that  it  is  regarded  as  extremely  hazardous  ever  to  undertake  it. 
lliHides  this,  the  larye  schools  of  mackerel,  to  the  taking  of  which  this  great  apparatus  is 
ivxt  adapted,  are  almost  alwayx  found  r.wre  than  :i  miles  from  land,  eithe,'  in  great  bays 
and  yul/s  «r  entirely  out  at  tea. 


■}  I- 


102 


TIIK    riSllEKIKS    TKKATY. 


There  will  bo  foiiiKl  accoiiiiianyiiif;  this  roixirt  (m«o  ApiM-iidix)  statoiiK'iits  showiiiK 
the  totiil  ciitoh  of  nuu-kcri'l  tliuiiijj  certain  \  earH  and  the  ^larls  of  (h«  Heas  where  they 
have  been  taken  ;  and  it  will  also  bo  Been  from  the  evidiMice  that  in  general  the  mackerel 
fiihericH  by  Americati*  in  the  Gulf  of  St,  Laterencc  and  in  the  liai/of  Chaleur  hare  not  bei» 
remnneralire. 

In  view  of  nil  th.oHe  factt*.  well  known  to  the  j^reat  body  of  theeitizenH  of  the  Vnitid 
States  enjiajjeil  in  (jsherie.s  anil  enibraeinj;  every  variety  of  interest  «'onneeted  there- 
with, from  the  .wholesale  dealer,  vessel  owner,  and  ont  litter,  to  that  port  ion  of  the 
crew  who  receive  the  smallest  share  of  the  venture,  it  must  be  considered  as  conclu- 
sively established  that  there  wozild  be  no  material  ralue  tvhAtvrrr  in  the  tjrant  bij  the  Brit- 
ith  Gorernment  to  American  fighermen  ofabHolutehifreeJifihin<j:  andin  thin  conchiHton  itirill 
be  Keen,  bji  a  rtferntce  to  the  tentimony,  that  all  these  intcrrHtn/ullji concur. 

When  we  eotisider  that  the  iiisliore  fi.shevies  are  of  no  valne  and  that 
the  ii<;ht  to  take  bait,  or  to  buy  it,  is  worse  than  nseU^ss  to  our  people, 
tile  alleged  snrreiuler  of  tishing  territ()ry  to  the  iiritish  in  this  treaty 
is  of  far  less  conseciueneo  to  ns  than  tlie  surrender  we  nmde  in  1854,  to 
fjet  these  privileges,  by  purchasing  with  reciprocity  the  repose  of  the 
British  contentit)ns.  restrictions,  and  exclusions,  at  a  cost  to  our  reve- 
nues of  nearly  $l(),(HKl,(KM);  and  in  1871,  by  a  purchase  with  $.V)(K),COO 
in  njoney,  and  a  great  sum  in  the  loss  of  reveinu's  on  fish  imported  from 
Canada. 

"VN'e  have  i)aid  for  everything  we  have  got  from  (Ireat  Ihitain,  since 
1783,  in  connection  with  the  fislu'ries.  That  concession  was  the  last 
thing  we  got  under  our  atrict  danund  for  the  rUiht.  It  m  the  last  thing 
we  will  ever  get,  without  compensation,  uutii  we  go  to  war  to  regain 
our  attitude  of  1783. 

The  extract  from  the  report  of  the  Senate  counniltee,  above  copied, 
shows  that  in  such  a  war  we  would  be  fighting  over  a  subject  that  is 
utterly  barren  of  any  actual  value  to  the  American  people — a  war  in 
which  the  i)rinciple8  involved  would  have  no  relatioti  to  rights  secured 
by  international  laws,  but  would  relate  oidy  to  the  meaning  of  words  in 
a  treaty,  that  were  put  there  by  the  mutual  consent  of  two  enlightened 
Governmeuts. 

This  treaty  closes  the  discussion  on  the  subject  of  delimitation  of  fish- 
ing boundaries,  a  matter  that  was,  in  some  sort,  provided  for  in  the 
treaty  of  18.54. 

It  presents  a  fair  antl  e<]uital)le  settlement  of  «[uestions  that  have 
been  in  dispute  for  seventy'  years. 

It  gives  our  fishermen,  as  an  equivalent  for  the  concessions  we  make, 
largely  increased  privilege8,  as  navigators,  beyond  the  narrow  and  in- 
hospitable provisions  of  the  treaty  of  1818. 


THE    FISIIEKIKS    TUEATV. 


103 


And,  Itn"  tilt',  first  time  that  sudi  a  thiuj;  wan  ever  attempted,  this 
treaty  propDses  to  open  the  door  to  wide  coinmereial  privileges  for  onr 
lislioriiien,  baaed  on  concessions  that  coiicern  them  alone. 

The  moduH  rivendi  provided  in  the  protocol  enables  onr  (Ishernien, 
ilnriii;;  two  flsliing  seasons,  to  compare  the  valne  of  the  very  broad 
coiiimereial  privileges  therein  accorded  with  the  price  of  annnal  license 
at  ><l.i>(>  per  ton  on  their  ships.  A  lisherman,  ontlltting  with  all  he 
needs  to  snstain  his  bnsiness  in  Canadian  ports,  and  having  the  privi- 
l(>;:e  of  sending  his  fares  to  onr  market  niuh'r  bond,  over  railroads  and 
iliioiigh  such  i>orts  as  would  be  easily  reached,  woidd  be  able  to  make 
SI)  miiiiy  more  voyages  that  the  annnal  license  of  ^LoO  a  ton  on  his  ship 
would  be  reduced  to  30  cents  or  10  cents  per  ton  on  the  voyage.  If  the 
business  will  not  bear  such  a  tax  in  (;om|)ensation  for  such  i)rivileges, 
it  is  scarcely  worth  a  war,  or  a  serious  disturbance  of  good  will  with  our 
iiei^'lihors,  to  secure  these  commercial  advantages  to  our  tishermen. 

We  venture  to  repeat  the  recommendation  that  the  Senate  will 
;i\vait  the  developments  that  even  one  fishing  season  will  make  under 
this  protocol  before  taking  final  action  on  the  treaty. 


XVII. 

TIIKKE  IS  NO  FAULT  IN  TilE  MANNEli  OF  NEGOTIATIXG  THIS  TUKATY, 
AND  THE  I'UESIDENT  HAS  NOT  IN  ANY  WAV  EXCEEDED  HIS  CONSTI- 
11  TIONAL  rOWERS,  OR  WITHHELD  ANY  COrRTESY  DUE  TO  THE  SEX- 
ATE  IN  RESPECT  OF  THE  ACJENI'S  SELECTED  I5Y  HIM  TO  CONDUCT 
Tin;  Ni:(iOTIATI0N',  OR  IN  THE  TIME  OR  PLACE  OF  NE(!OTIATIX(;  OR 
rONCLL'DIXc;  THE  TREATY. 

On  the  other  (pickstion,  as  to  the  form  in  which  this  negotiation  has 
bi't'u  conclucted  and  the  anth<u-ity  of  the  two  idenipotentiaries,  Mr. 
I'litnam  and  Mr.  Angell,  to  act,  without  a  confirmation  by  the  Senate, 
«e  rely  upon  the  pre(^edents  cited  in  the  annexed  brief  of  cases  that 
seem  to  (;onclude  any  question  on  this  point, 

Tlie  table  hereto  appended,  marked  C,  will  furnish  an  easy  reference 
ioall  the  appointments  of  diplomatic  agents  to  negotiate  and  conclude 
TOiiventious,  agreements,  and  treaties  with  foreign  powers  since  1792. 
The  whole  mimberof  pervsons  appointed  or  recognized  by  the  Presi- 
'K'lit,  without  the  concurrence  or  advice  of  the  Senate,  or  the  express 
aiitliority  of  Congress,  as  agents  to  conduct  negotiations  and  conclude 
treaties  is  four  hundred  and  thirty-eight.    Three  have  been  appointed 


104 


THE   FISHERIES   TREATY. 


by  the  Socrotary  of  State  and  thirty-two  have  been  appointed  by  the 
rresiilent  with  the  advice  and  consent  of  the  Senate. 

It  will  he  seen  that  an  interval  of  fifty-three  years,  between  1S27iui(l 
1880,  oecnrred  duriny;  which  the  President  di«l  not  ask  the  consent  oi 
the  Senate  to  any  snch  appointment. 

The  followiiifj  important  appointments  and  ?nany  others  wore  niiule 
when  the  Senate  was  in  session : 

March  "2,  lT9;i.— David  IIuiiii>liiifH.     It\  Wiis1iin(;t<i)i.    CoininiNsioned  plenipotentiary 

to  tri'iil  with  Alxicr."^.     CiiUf^n'sH  adjoiirmd  oii  that  day. 
Jatiuiny  '26,  1K5','. — Ktlniund    I^ohorts.     \\y   .lacksoii.     ConiniiH.Hiouer   to   tivat  witli 

Cochin  China  nn*l  Siani.     Con^rrt'HH  in  NeH.sion. 
May  W,  18;'.8. — Nathaniel  Nih>s.     Hy  Van  Itnr«M).     Spt'cial  ajjent  to  ne;r.»tiate  treaty 

with  Sanlinin.    {'on>jr<'RH  in  wnMion. 
2farvh  '.'c*,  I'-^Ci. — A.  l)ndh\v  Mann.     Hy  Tolk.     Special  agont  to  troat  with  siimhy 

States  of  (icrniany.     L'onj;rcs.s  in  Bcssion. 

The  constitntional  power  of  the  President  to  select  the  agents  tliroii;;li 
whom  he  will  conduct  such  business,  is  not  affected  by  the  fact  tliat  llio 
Senate  is  or  is  not  in  session  at  the  time  of  snch  tippointment,  or  while 
the  ne,'j;otiation  is  beiiifj  condnded;  or  the  fact  that  he  may  prefer  to 
withhold,  even  IVom  the  Senate,  or  from  other  countries,  the  fact  that 
he  is  treiiting  with  a  particular  power,  or  on  a  special  subject. 

The  secret  service  *'und  that  Congress  votes  to  the  Department  ol 
State  annually  is  that  from  which  such  agents  are  usually  paid.  That 
is  the  most  iniportant  reasons  for  such  ai)pro[>riations. 

The  following  is  a  summary  of  Appendix  C: 

Persunn  appointed  hy  the  Pr."»ident  and  coulirnied  by  the  Senate  : 

171hi.  William  Carniichae),  William  Shott,  to  treat  with  Spain. 

1794.  John  Jay,  to  treat  with  tireat  Britain. 

1794.  Thomas  Pinckney,  to  treat  with  Spain. 

179<>.  Ivufiis  Kinfr,  to  treat  with  Great  Hritain. 

1797.  John  Q.  Adams,  to  tn-at  with  Prnssia. 

1797.  John  Q,  Adams,  to  treat  with  Sweden. 

1797.  C.  C.  Pinckney,  J(din  Marshall,  Klhridgo  Gerry,  to  treat  with  France. 

1798.  John  Q.  Adams,  to  treat  with  Sweden. 

1799.  linliiH  King,  to  treat  with  Russia. 

1799.  Oliver  Ellsworth,  Patrick  Henry,  and  William  Van  Mnrray,  to  treat  willi 

France. 
1799.  W.  It.  Davis,  tice  Henry,  as  above. 

180:i.  Jumes  Monroe  and  R.  R.  Livingston,  to  treat  for  Louisiana. 
180:{.  Hufus  King,  to  treat  with  (ireat  liritain,  northeast  boundary. 
180(5.  James  Armstrong  and  James  liowdoin,  to  treat  with  S))ain. 
1814.  J.  Q.  Adams,  J.  A.  Hayar.l,  Henry  Clay,  and  Jonathan  Kus.ie!l,  to  treof 

with  Great  Britain. 


THE   FISHERIES   TRKATY. 


105 


witli  sniulrv 


Persons  appointod  by  the  ProHidont  un.l  coudrmcl  by  tl.o  Sonato-Contiuued. 

1811.  A11)«rt  Ciallathi,  to  treat  with  Oreat  nritahi. 

18215.  R.  C.  Anderson  and  John  SarKoant,  to  treat  with  th«  American  nations. 

li^a?.  Joel  R.  roJiiMctt,  rkc  Anderson,  ahove. 

IdHO.  Jan.e»  IJ.  A„Kell,  J„hn  T.  Swift,  „„d  W.   If.  Prescott.  to  treat  with 
China.* 

Total  number,  32, 
IVrsons  ajipointed  by  the  Secretary  of  State: 

1H'.>.').  Christopher  HhkIios,  to  treat  with  Denmarli. 

182<).  Jolin  James  Ai»pleton,  lo  treat  with  Naples. 

lMrt(i.  (Jcor^e  H.  Hatos,  to  treat  witli  Ton;,'!i. 

Total  number,  ;{. 
Persons  apiioinled  by  the  Prt.Hi.lfnt  : 

Total  numbL«r,  4;lf. 

John  T.  :Morgan, 
ICli  Saulsbury, 
.Joseph  E.  Brown, 
H.  B.  Payne. 


witii  rraiice. 


ArPKNDix  A. 


r.Y  TIIR  I'|{r>'n>KXT  OK   THr  rMTKI)  Statks  «ii-  Amehica. 


A    I'KOd.AMATION. 

WIitTt'iis  by  «a  act  of  Ctni;tre»i  of  tlio  Unite«l  SIjiIbm,  pitHHttil  on  tin*  *2i>th  duy  of 
May.  l-'SO,  it  in  jnovitliMl  that  wlifiifViT  flu*  I'n'Hidont  <if  tho  I'nittMl  Stulci  sliall  rc- 
ceive  satinfiictorv  fviilcnco  tliat  tln>  (tnviTiiiin'iit  of  <!n'at  Mrilaiii  will  open  tlioporlK 
of  itH  coloniHl  poHMOH.sioii8  in  tlit^  Wust  ImlioM,  tm  tliu  cuiitiiieiit  of  Sontii  AiiutIcii, 
till*  IVilntiiin  iHlanilx,  tiio  (Inicos,  and  tli<«  ncrinnda  or  SnnxT  iHlandM,  f  t  tho  v<'sh<'Ih of 
till' rnitcd  Stall's,  for  an  indi'linit»>  «)r  lorn  limited  trriii;  that  tlm  vi'ssoIm  of  th>' 
United  Stut^'H,  nnd  thvir  cnr^^otia,  on  cntcrin^r  thncoronial  portMnfor(>.Hai<l,  shiillnot  l»o 
Mibjt'rt  to  other  or  liij^lu-r  diitii-s  of  tonna;;e  or  ini|M)st,  or  tdiar^t-s  of  any  otiit-r  de- 
scription, than  Wiinlil  no  imposfd  on  ISritish  voumcIh  or  their  car;;ot^*<,  arriviii|jf  in 
the  Miiid  eohMiiat  |»osHe.HHionH  from  the  United  State.s;  that  *he  vetMel.s  of  the  United 
States  m;iy  import  into  the  said  e(doniu.  possessionM  from  the  United  States  any 
article  «)r  art ioh's  which  could  l»e  im|»orleil  in  a  British  vesnel  intothesaid  possdssions 
from  the  th!<  United  States,  nnd  that  the  vcBselsof  the  United  States  niiiy  export  from 
the  British  colonies  aforementioned,  to  any  country  whatever,  other  than  the  domin- 
ions or  possessioiiMof  Orcat  Itritain,  any  article  or  articles,  tliatcan  be  expt)rted  flierc- 
fiom  in  a  Hritish  vessel,  to  any  country  otlier  than  the  Kriti-th  dominions  or  possos- 
Hions  aforesaid — leaving;  tho  commercial  intercourse  of  tho  United  States  with  all 
otlier  parts  of  the  Hritish  dominions  or  jxissessions  on  a  fooiin;^  n()t  less  favorable 
to  the  Unitetl  .States  than  it  now  is— that  then,  and  in  such  ca'^e,  Dw  President 
of  tho  United  States  shall  he  authorized,  at  any  time  before  the  next  aession  of  Con- 
gress, to  issue  his  ]>ro(lamation  dcclarinjj  that  ln«  has  received  such  evidence,  and 
that  thereupon,  and  from  the  dati)  of  such  proclauiiition,  the  ports  of  the  United 
States  shall  be  opened  indetinitely,  or  for  a  term  fixed,  as  tho  case  may  bo,  to  Uritiwli 
vessels  cominj;  from  the  said  Hritish  colonial  jiossessions,  and  their  carj^oes  subj**'! 
to  no  other  or  higher  duly  of  tonnage  or  iin|)ost  or  charge  of  any  description  what- 
ever than  would  be  levied  on  the  vessels  of  the  United  States  or  their  carj^oes  arriv- 
iuK  from  the  said  Hritish  pctssessions,  and  that  it  shall  l»e  lawful  for  the  said  Hritisli 
vessels  to  inqxirt  into  the  Uniteil  States,  and  to  exi»ort  therefrom,  any  article  or 
articles  \\  Inch  may  l)c<  imported  or  exported  in  vcsswds  of  the  Unitwl  Stuti's,  ami 
that  the  act  entitled  "  An  act  concerninn  navigation,"  passed  on  the  IHth  day  of  April. 
oiMi  thousand  ei;iht  hundred  and  eij^hteen,  an  act  sui)plementary  thereto,  i)asse<l  tin 
tlfteenth  day  of  May,  one  thousand  ei^ht  hundretl  and  twenty,  and  an  act  entith  L 
"An  act  to  rejjulate  tlio  commercial  intercourwi  between  tho  United  States  and  cer- 
tain Hritish  ports,"  pa'tsed  on  tho  lirst  day  of  March,  one  thousand  eij^ht  huinlred  and 
twenty-three,  shall,  in  such  cas<',  he  suspended  or  absolutely  repeahxl,  as  the  case  may 
re<iuire: 

And  whereas  by  the  said  act  it  is  further  ]»rov  idod  that,  whenever  the  ports  of  the 
United  States  shall  have  been  opened  nniler  the  authority  thereby  given,  Hritish  ves- 
sels and  their  cargoes  shall  be  admitted  to  aa  entry  in  tho  ports  of  the  United  St'ttes 
from  the  islands,  provinces,  or  colonies  of  (Jreat  Hritain,  on  or  near  the  North  Ameri- 
can continent,  and  north  i-r  cast  of  the  United  .States: 

And  whereas  satisfactory  evidence  has  been  received  by  the  President  of  the  Uuitetl 
Stfttes  that  whenever  he  shall  >?ive  ettect  to  the  provisions  of  the  act  aforesaid,  the 
lOG 


TIIK    FISHKKIKH    TKKATY. 


107 


(ioviTiiiiH'iit  (il'drciit  Hritaiii  w  ill  oiini  for  nn  imli'diiito  pcti'Ml  the  ports  m  its  ('oloniiil 
|i(ivHtssion.H  ill  till*  \V«'Ht  Iiidifs,  on  tlw  « oiitiiiont  of  South  Aiiiorieii,  tin*  naluitiiii 
MiiiiiIm,  tli«*  i'liicoM,  and  tlii<  lli-rinnila  or  Soincr  iHlamlN,  to  tin;  vonmoU  of  tlx;  I'nittMl 
Stitlos,  and  tlioir  rur);oi>N,  upon  tlio  K^rniH  and  uccordiii};  to  tlm  retiuiNitionH  of  tho 
;il'(ir«'H!iid  act  of  roii;;r<'HH  : 

N.nv,  thoii'fort*,  I,  Andn-w  .lackHon,  rrcHidciit  of  tlie  United  States  of  Ann'rira,  do 
liiTi'liy  doclaro  and  proclaim  that  miicIi  ovldunco  has  hoon  riwelvtMl  by  me  ;  ami  that> 
liy  llic  operation  of  th«  act  of  Contjn'HH  pa.ssed  on  tlio  'iHth  day  of  May,  KW,  tho 
]ii>rt.s  of  tin*  I'nitiMl  Stales  are,  fiom  thtMlate  of  this  prixlumation,  open  to  KriliHh 
vosm>Ih  eoiiiliif;  from  the  wiid  UritlNh  ptmHeiwionH,  and  their  ear^ooH,  upon  tho  ternm 
■It  forth  In  the  said  act,  the  act  t-ntitled   "An  act  conccrninjj  navi<iatii>ii."  jiaHsed 

I  tlic  l-^lh  day  of  April,  Ir'l-i,  the  art  Nnpplcmciitary  tln-rcto,  passed  tin*  l.'>th  day  of 
Miiy,  l"*40,  ami  tho  act  entitled  "An  act  to  rcj^iihite  tl^e  commercial  intercourse  he- 
twciii  the  United  States  ,'Mid  cerliiiii  Hritish  .jiorts,"  j>asNed  flii>  tiist  day  of  March, 
l".*;t,  are  aiisolutely  rei»eaicd,  and  Mritish  vessels  and  tlieir  carj;oes  are  adioitteil  to  an 
iiitry  in  thu  porta  of  the  United  StateH  from  the  iiilandH,  provinceH,  and  rcdouieM  of 
(Jriat  Hritain  on  or  near  the  North  American  continent  and  north  or  east  of  tho  United 
■"tatcs. 

(iiveu  under  my  liaml,  at   the  city  of  Washington,  the  r)th  day  of  October,  in  tho 

Miu'  of  our  Lord  IrCH),  itiid  the  .V)th  of  the  Independence  of  tho  Uniteil  States. 

Anm>1!KW  .Jackson'. 
llv  the  President: 

M.   Van  Mfitrv, 

Secfftary  of  Slate.  ,  ' 


ClItCriAU   TO    THE   CoI.I.Et  luHS   OK    lUSTOMS. 


Tui:as(ry  I>Ki'AinMKXT.  Oclohtr  C<.  1«:10. 

>ii!:  Yon  will  iicreeivo  l»y  tho  proclamation  of  the  President  herewith  transmitted 
thai  from  and  after  the  date  thereof  tho  act  entitled  "An  act  concerning  navigation."' 
\>mnvd  (in  the  tr'lh  of  April,  ISIH  ;  an  act  supplementary  thereto,  jtassed  the  l.'>th  of 
May,  l-^tiO;  and  an  act  entitled  "An  a<;t  to  regulate  the  commercial  intercourse  be- 
I'.vwn  the  United  States  and  certain  Uritish  ports."  passed  on  the  Ist  of  March.  LSiW,. 
arc  aiisolutely  repealed  ;  and  t'>  ports  of  the  I'liited  States  are  opened  to  Mritish 
vi'SM'ls  and  their  cargoes  coming  from  the  liritisli  colonial  possessions  in  tho  West 
Indies,  on  the  continent  of  South  America,  the  Hahaiua  Islands,  the  Caicos,  and  the 
litriiiiida  or  Som<>r  Islands ;  also  fr»nn  the  islands,  jtrovinces.  or  colonies  of  (iroat 
liritaJM  on  or  near  the  North  American  eontiin'iit  and  north  or  east  of  the  United 
Slates, 

By  virtue  of  the  authority  of  this  proclamation,  and  in  coiiformity  with  the  arrange- 
iii'iit  made  between  the  United  States  aid  lueat  Britain,  and  under  the  sanction  of 
till'  IVesitleiit,  you  are  instructed  to  admit  to  entry  such  vessels,  being  laden  with  the 
i'riiiliu'tions  of  Groat  Hritain,  <>r  hurHaid  colonies,  subject  to  tho  Hame  duties  of  ton- 
!:t;;e  and  impost  and  other  charges  as  are  leviv  d  on  the  vessels  of  the  United  States 
IT  their  cargoes  arriving  from  the  said  Hritish  <'olonies.  You  will  also  grant  i-lear- 
iiices  to  llritish  vesnels  for  the  several  ports  of  the  aforesaid  colonial  [xissessions  of 
'•reat  Hritain,  siicii  vcss(ds  being  laden  with  such  artiel«-s  as  iiiiiy  bo  exported  from  the 
I'liited  States  in  vessels  of  the  United  .States;  and  British  vessels  coming  from  the 
Mill  Hritish  colonial  possessions  may  also  bo  cleare<l  for  foreign  ports  ami  places 
I'tlier  than  those  in  the  said  Hritish  colonial  possessions,  being  laden  svith  such  article* 
aiinay  be  exported  fnnn  the  United  States  in  vessels  of  the  United  States. 
I  am,  sir,  very  respectf.illy,  your  obedient  servant, 

S.    D.    INUIIAM, 

Svcrttarif  n/tlic   Treii8ury. 


AlMMCNDIX   r>. 


ol.'DKK  IN  COINC  II.. 


A  I    iiii;  C'oLiii  Ai  Si.  .Ia.mi>', 

yiiiitiihtr  ,'>,  H30. 

rnv-^Mit  :  Till'  Kiirjj'M  M<)!«t  Kxcellt'iit  5In,ji'i,ty  in  ('oiiiicil. 

WliiTi'an,  lly  a  (M-rtaiii  art  ul"  i'ailinnniit,  |»asstMl  in  tlif  tiili  year  kI"  tin-  ii'i^ii  nf  iii<, 
late  Mil.il•^ty  Kill;:  (ii'orjtf  the  Fourth,  i<iitith>il  "An  ait  to  logiihito  II. <*  f  railf  of  tin 
HritiKh  jiOHsfMHioiiM  al>ri>a<!,"  aflrr  ircitin;i;  that  "liy  tlif  lavx  of  uavi^iatimi  l(in'i;;ii 
HhipH  ait^  |u>itiiitttMl  to  import  into  any  of  th«<  Hiilish  iios^rN.sioMH  ahronii,  Irotn  tlic 
f<»nntri«'ii  to  which  thry  hchniu'.  k""'!"  thi>  jirinlin  o  ot"  llmsi'  conutrifM,  nn<l  to  cxiiort 
j{oo«1h  from  suih  jioxMcsHitinn  to  lie  carrifd  to  any  t'or«'i;;n  <'inintry  whatt'vcr,  ami  tlmt 
it  in  cxpeilicnt  that  Niu'h  |i<'rinihHioii  shoiihl  ht*  nuIiJim  t  to  certain  conditions,  it  is  tiit'ii- 
fort"  cnacti'd  fliat  the  i>rivih';:c><  ihcrchy  ;;rant<'il  to  forci^jn  Mhips  nhall  he  liniilcd  to 
the  shiits  id'  thuM'  cimntrits  whii  ii,  Iiaving  ctdoniai  posMCNHionH,  Mhall  i;rant  the  lik*> 
privih'Hi'  ot'  tradin;;  witli  thisc  luisMCHHions  to  llritish  Nlii|iH,  or  wliich,  not  liaviiij;  en- 
lonial  ixissessiiiiiN,  Nhall  piaie  the  coniiuerce  and  navi;;ation  of  thiMcountry  and  ot' its 
jtOKMCHHions  ahroad  npon  tlie  t'uoiin^o:'  the  nio.st  favored  nation,  unleHit  It  is  Majesty, 
hy  his  order  in  cHincil,  siuill  in  any  case  deem  it  expedient  to  ^rant  thi»  wliole  or  any 
of  Hueh  privilep'h  to  the  ships  <if  any  Ionian  conntry,  althoM;;li  the  conditions  afoii'- 
Kftid  uliall  not  in  all  rcM]Mcts  he  fiillilied  iiy  muIi  t'oreij^n  country. 

And  whereas,  hy  a  certain  oritcr  of  his  said  late  Majesty  in  council,  heariiitr  dati' 
the  ViTlh  July,  l^tit!,  after  re<'itin;;  that  tho  conditions  mentioned  and  referred  ti>  in 
the  said  act  «if  J'arlininent  had  not  in  all  r«M[>ccts  heen  fiiililh  il  hy  the  (Jo\enuiieiit 
of  the  I'nited  States  of  Anu"  "  a,  and  that,  thereftne,  tli»^  privih-^jes  ho  ;,'raiited  as 
alorcsaid  hy  the  law  of  navi^..*  on  to  foreign  ships  could  not  lawt'iilly  Im  cxcrci.setl 
or  enjoyed  l>ythe  shijis  of  the  rnitid  States  aforesaid  unless  His  Majesty,  hy  his  order 
in  council,  should  ^rallt  the  wlioh'  fir  any  of  such  privilei;<'s  to  theships  (if  the  ''iiited 
States  aforesaid,  his  said  late  Majesty  did,  in  pursuance  of  the  powers  in  him  vest'il 
by  tho  said  act,  yrant  the  privilej;es  aforesaid  to  the  ships  of  the  said  I'nited  States, 
hut  dirt  thereby  provi<1e  and  declare  that  sucii  jirivih  j^es  should  absolutely  cease  and 
rteteriniiie  in  His  Majesty's  possessions  in  the  West  linlies  and  South  America,  and  in 
certain  other  of  His  Majesty's  jiossessions  abroad,  ujion  and  from  certain  days  in  tlie 
said  order  for  that  purpose  uppointe<I,  and  which  are  lony  since  passtul: 

And  whereas,  by  a  certain  other  onler  of  his  said  late  Majesty  in  council,  hoaiiiii: 
rtatft  tho  Itjth  of  .Inly,  l^^'iT,  the  said  last  mentionert  order  was  contiruifd ; 

And  whereas,  in  i»ursuance  of  the  acts  of  rarlianient  in  that  bidialf  made  and  pn'- 
Tided,  his  said  late  Majesty,  by  a  certain  order  in  Council  hearing  date  the  'Jlst  day  ol 
July,  1H23,  and  by  tlie  said  <iider  in  council  hearing  date  thoiiTth  day  of  July,  lHt>(),  was 
pleasert  to  order  that  there  should  be  charged  on  all  vessels  of  the  said  United  States 
which  shonhl  enter  any  of  the  jiorts  of  His  Maji-sty's  possessions  in  the  West  liidits 
or  America,  with  articles  of  tho  growth,  produce,  or  inanufactiin)  of  the  saiil  Stati*. 
certain  duties  of  tonnage  and  of  customs  therein  particularly  specilied  ; 

Aud  whereas,  it  hath  heeu  made  to  appear  to  His  Majesty  in  council,  that  tlic  n- 
Btrictions  heretofore  imposed  by  the  lawa  of  the  United  States  aforesaid,  upon  I'ritisli 

lOd 


THE    riSIIKKIKS    TUKATV. 


109 


\('),>ii  U  ii:i\  JKiitiii;;  liftwi-iM)  tiio  Niiitl  StiitcH  niiil  IMh  MaJcMty'H  posst's.sioiis  in  tlio  WoHt 
Iiidii'N  aiul  Aiiit'iicii,  liuvit  h*  t>ii  ii'|)(<iilt'i|,  mxl  tlmi  tliiMliHriiniiiiiitiii^  iliitiiN  of  t«>n- 
iiUK<'  «»il  of  ciuliMiiit  IiiMi<(i*ri)i'e  iiiipoHtMl  li/  tliu  lawn  of  tint  aaid  i'liitoil  StateH  upon 
llritisli  v««h«'In  ami  tlnir  riir(;o'''«i  «Mitrijinj  tlif  jiortn  of  tlm  naiil  Static  from  His 
Miiji'Hty'N  Hiiiil  piiNHrNHioiiN,  liavc  also  Imm-ii  icpc'ilt-il ;  aiitl  ll>itt  tli<<  piirtsiil'  tlii>  I'liitol 
Siitti'sare  now  opiMi  to  HritiNli  voMstOit  ami  tlujr  carjjoHH,  coniin^f  from  Mis  Mujunly'it 
ii  .^-(■•.vioiiH  afon'Maifl ; 

111-  Maj«'!ity  ilotli,  tln'iffort",  with  tin-  atlvico  of  lus  privy  (ronncil,  aiitl  iti  piUHii- 
aiicn  nnil  uxt^rciw^  uf  t\w  powors  mu  vcHtud  in  Iiini,  as  tiforoHaid,  by  tliu  Haiti  aut  ho 
|i,i,sHC(l  in  tii«  Hixtli  yi'.ir  of  th<'  ri'i>jn  of  his  Nai<l  latti  MiijoHly,  or  liy  any  ollior  ai-t  or 
iii'tN  of  rarliuniiMit,  ilcclaro  Unit  tiio  Haiti  n^citutl  onltMH  in  loiinril  of  i  Int  'Jlsf  day  of 
July,  tH'J:t,  and  of  tlio  'J7tli  day  of  July,  18i(!,  and  tint  naid  indcr  in  council  of  tliu 
K'ltli  day  of  .Inly,  H,»7  (so  far  an  ll>«  mucIi  last  nii'iitioiwd  ordtT  n-latcs  to  tlui  Haid 
1  iiiliMl  Statos),  slnill  l>i>,  ami  tlu>  Hann'  aro  ln'rcl>y,  n'sp«ctiv«dy  rt'vokcil  : 

And  IliM  Majt-sty  doth  further,  liy  tho  advico  aforcHaid,  and  in  iinrsuaiH'o  of  the 
]iii\v(M'H  aforcHaitl,  d<!clnr«>  that  tho  ships  of  an<l  hfh.n^in;;  to  tint  I'nitt'd  Htates  of 
Aint'rira  nniy  import  from  Iho  Unitod  StatcH  al'orcsaid  into  tln<  Hritish  i)()SHcsHion8 
iil>road  goods  the  prodiu;i!  of  thoso  status,  and  may  export  );oods  from  the  ISritiNh 
IMi-iMt'Hsioris  abroad  t«)  h«  earried  to  any  fortdfjn  rountry  whatever. 

And  thtt  ri;;ht  honorahlo  tint  lords  eonnnissiom-rH  of  His  Majesty's  treasury,  and 
till'  h'ight  Honorable  Sir  (Jeorge  Murray,  om*  «d"  His  Majv.'sty's  prineiital  seeretarios 
lit"  htate,  arit  to  >;ive  the  necessary  directionN  herein,  an  to  tbem  may  respectively  ap- 
jMitain. 

Jas.  Ulllkr. 

A  tnut  copy  :  ' 

CofXCILOFKlCR,  WlIlTKIlAI.I.,  JW)r.  HfA,  18:10. 


110 


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TlIK    FISIIKRIKS    IKKATY. 


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Appendix  D. 


FISHING-GROUNDS. 

rn<hr  thr  treutjf  of  IrtlH.  . 

Miirino 
8(1.  milus. 
riio  :J  nmrimi  Jiii'.o  limit,  which  Ih  thechiiiiiof  Aiimricaii  tlHheniuMi.  is  in  hliie, 

and  i>iiii»1h IG,  424 

Of  this  ar«'u  thi-re  in  in  Imvn,  cut  of!"  hy  the  3-inile  limit 6, 599 

Anil  oiitaiduof  tl:«*  H-milo  limit 9,825 

Miikiiii;  11  fotfil,  lis  Mfati'd,  of I(i,  4'J4 

Tlu«  claims  (<f  ('iina<li«M  (islicrnuMi,  from  lu'adlund  to  li«<)i<tlaiul,  would  add  to 

the  orMtt  uluim«d  hy  Amerioun  fiHlKunuMi G,  164 

Mnkin);  the  CtiiiadiaM  claim    •<^2, 588 

Ah  aj^aiiiHt  Amuriuiin  claim  of Ki,  4'24 

I'ni^er  the  propoged  treaty  0/  1888. 

The  American  fiHhermon'H  claim  Ih  conceded  to  Canada,  and  is  equal  to HI,  1*2 1 

AikI  in  lieu  of  the  0,11)1  :narine  square  miles,  from  headland  to  headland,  a.s 
ciaimed  hy  the  Canadians,  the  Americans  concede  to  them  as  follows: 
First.   At  hays  of  M  miles  or  less  ia  width — 

In  Newfoundland,  8  hays  of 200 

In  New  Hrunswick,  8  hjiys  of 67 

In  I'rince  Kdward  Island,  ,i  hays  of 18 

In  CttjM)  Brett)n,  2  hays  of 13 

In  Nova  Scotia,  1 1  hay.-*  of 85 

•— 

lu  all,  :i'2  hays  of  (colored  brown)  a8;5 

Second.   At  the  hays  nanied  between  lines  d'A  and  80,  .\rticle  IV,  propo-sed 
treaty,  l-firfH  (eotured  solid  r-'d)  : 

At  Male  Oialeur,  New  Hrunswick 500 

At  H'ty  of  Mirauiiclii,  New  Uriinswick 23 

At  !';(mout's  May,  I'rince  K, 'ward  Island 20 

At  St.  Anne's  Bay,  Nova  Scotia 5 

At  Fortune  Hay,  Newfoundland 160 

At  Sir  Charles  Hamilton's  Sound,  Newfonudlaud 2 

In  all,  at  6  bays .' 710 


!1 


IMAGE  EVALUATION 
TEST  TARGET  (MT-3) 


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Photographic 

Sciences 
Corporation 


23  WEST  MAIN  STREET 

WEBSTER,  NY.  14580 

(716)  872-4503 


^ 


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^ 


ci^ 


13G  THE    FISHKRIKS    TKKATY.  ^ 

Mnrinc 
t^q.  miles. 
TliiiXu  At  linys  iwnncil  luMwocii  linos  M  and  9'.\  in  Article  IT,  of  jtroposod 
treaty  «)f  IfhH  (oolond  in  itariillel  rt'U  lima): 

At  l?arriiij;ti'ii  Hay.  Nova  Srofia '> 

At  ClnMl»>l>nrto  aixi  lit.  Petcr'H  BayN,  Novii  Scotia 1>- 

At  Mira  Hay,  Nova  Scot  In 7 

At  riaci'Utia  Hay,  Noutouiitlluud 7 

111  all,  4  Itays m 

Tliin  givcH  a  totnl  concession  by  Americans  nn<ler  the  |tro|io»ed  treaty  of  iS'iS 
of 1,127 

In  lien  of  a  total  concession  by  the  CanadianH  from  their  headland  to  head- 
land claim,  of 5,  (Kff 


Appendix  E. 


« 

^ 

1,127 

1- 

. 

5,0:57 

THE  PKNDING  THKATY. 

KKVIKW    i)V   THK    KISHKUIKH    NK(K)TIATI()NS    MY    \\.    I..  ITTXAM— HI8T011ICAI.   AXI>   EX- 

ri.ANAToin  — rnoM  ihk  ukcixninc  ok  TIIK  (  omhovkusy  to  tiik  puksknttime — 

WHAT  THK   TUKATY    IXDKi:  lAKKS   TO    DO— HOS  HI.K   CaiTlCISM    MKT. 


\Vt<  L(iv»'  Iiclow  it  viiliiiilih'  n'\i«'\v  of  "  Tlir  FisliciicH  Ne;;<>tiiilit>iiN — Histmical  and 
Kxplaiiatoi'v,"  liy  t!ii'  Hor..  William  L.  riitiiain,  of  tlie  coiniiiissioncrs  wlio  IraiiuMl  tlie 
peniliiiK  treaty.  The  |in|><T  was  prepurt'd  for  tlm  Portland  Fraternity  Club  and  read 
at  a  rn'cfiit  im^ftinj;.  It  iH  an  itiiporlaiit  contrilintii*!!  to  tin-  prcsfiit  discnsHion,  and 
nnMt«  udvcixe  (ritiiisinH  wl.idi  ljavi>  ht'tni  uiado  upon  tlio  work  oftho  (•ounniHHion. 

Concerning  the  provir^innH  of  the  convention  uf  IHIM,  that  onr  HNhernien  tniiy  enter 
the  havH  or  harhorsof  Her  Maji'sty's  doniitiions  in  Ncwfoiindlaiui  and  eastern  Cana<la 
"  tor  the  |Hirposei\  of  slu-lter  and  of  repairinjj  datnajes  therein,  of  |>nrcl'aHinjj  wood 
ami  of  ol)t,»inin>r  water,  and  for  no  otln-r  pniposcM  whatever,"  and  aieliahle  to  "Hneh 
renlrietioiiHaM  may  '>e  neee««ary  to  prevent  their  takiiijj.  dryinji,  or  cnnn^;  lish  therein, 
or  Ml  aii,»'  other  nniiiner  what«*vei' ahnsinj?  th--  privilc^en"  reserved  to  them,  eonfiiHiou 
has  arisen  in  Canada  and  also  in  the  I'nited  iStates — on  the  Caiiudian  side  l>y  coiivert- 
injj  this  liniitation  of  a  jjnarantied  privilege  into  a  universal  one,  and  on  onr  side  by 
overlookinj;  the  indnbitaldr  fatt  that  the  |>raetice  uf  iiationM  recognizes  a  broad  line 
b(<tween  liMliing  vi-ssels  and  ordinary  nierehunt  vessels,  granting  to  eaeli  elass  privi- 
leges not  posHfssed  liy  the  «>ther.  From  a  time  at  least  ns  early  as  A.  1).  IH.'A]  to  the 
present  the<daim  of  Nova  Seotia,  and  afterwards  of  Canada,  has  been  inllexible,  that 
a  tishing  vessel  is  kiiI  tjcneiis,  and,  if  foreign,  luis  no  privileges  within  Hritish  bays  and 
harbors,  except  those  speciiieally  anthori/ed  by  some  law  of  Great  Hritaiu  tir  of  her 
domini<nis.  or  l>y  tnaty,  or  by  ilie  strictest  rnles  of  linmnnity  ;  thongli  at  tiines  this 
claim  has  lain  dormant  in  i>art,  and  (Jreat  Britain  herself  has  not<init<>  coii:itenaiiced 
its  practical  exercise  to  its  full  extent.  During  all  thii)  period  this  construction,  al- 
though ot"ten  complained  of  by  the  United  States,  never  ha;i  been  practically  over- 
thrown by  us  in  any  particular. 

Very  soon  after  the  ratilication  of  the  convention  of  1818  the  British  Parliament 
passe.l  tlu>  statute,  chapter  III!*,  (teorge  III,  which  condemned  to  forf<'iture  v«'ssels  (»f 
the  I'liitcd  .States,  and  of  nil  other  nations  ftucigit  to  Great  Ibituin,  tisliing  or  "pre- 
paring to  lish "  within  the  pridiil)iti'd  waters.  These  words  •'jirepanng  to  lish  " 
found  in  this  early  act  have  been  the  cause  of  many  troubles,  and  are  susceptible  of 
a  variety  of  construction.  They  have  been  found  in  every  provincial  and  Dominion 
statut«'  relating  to  this  matter  passed  at  ditl'erent  perioils,  four  or  live  in  all;  and 
they  have  received  tl-e  sanction  of  long  practical  acquiescence  on  the  part  of  the 
Initi'd  States,  and,  we  may  also  add,  the  fell  and  cordial  approval  cd"  so  distin- 
guished an  American  law  writer  as  Professor  Piuneroy.  On  the  I'Jtli  of  Marrli, 
IS'M\,  nearly  one  year  before  Presid<-ut  Jackson  went  out  of  otHee,  there  was 
passed  the  act  of  Nova  Scotia,  the  model  t.f  all  the  legislation  sim-e  enacted,  at 
which  is  aiiited  the  thirteenth  article  of  the  treaty  jift  negotiated.  This  act  was 
specially  validated  by  royal  orders  in  council,  '\ud  provided  that  local  otUcers  might 

137 


138 


THK    KISIIERIKS    THKATY. 


iHiizi)  ninl  liriiijj  into  port  vesselH  hovoriiijj  on  tht>  coiiHts  of  Xova  Scotia,  ami  ropt^iiffd 
tlio  pt'iialty  of  fortVitnn'  for  those  tisliiii;;  or  "  iiU'inriiiK  to  tisli  "  witliin  tin?  ])ics<Til)('(l 
waters.  It  al.so  proviiled  tliat  no  |m  r.son  nIioiiM  Im*  admitted  to  elaiin  tiie  ve.HNel  H*>i/«Ml 
witliont  liiHt  giving  srcnrity  for  coHtN  not  exti't'tliiiK  lid  imxiiuIh.  It  alHo  threvr  on  tiio 
owner  tlie  Imrtleii  of  |uoof  i.i  any  Huii  tonelunu  the  illegality  of  Heiznrt<.  It  so  ham- 
pered tlie  rifjht  o,"  aetion  for  nnjnstitialde  arres's  of  NesHeis  nn  to  render  it  snitstan- 
tially  W4>rthie»s;  and  it  was  ko  extreme  in  its  provisions  that  the  vessel  eonid  not  ho 
hailed  <vitiii>iit  the  cniiMeiit  of  the  per-ion  sei/iiii;  her.  .\1!  these  pi'ovisions  have  heeii 
continned  in  every  statn'e  of  t lie  Pominion  from  that  time  to  tin-  pusent. 

In  A.  I).  I8.t8,  l'^:t9,  and  1S40,  diiritiK  tliff  a<lministratioii  of  .Mr.  Van  HiiriMi.  ami 
while  John  I'orsyth  was  fSccn'l.iry  of  State  and  Levi  Woodhnry  Se(  retarv'  of  the 
TivaHiiry,  sixleiMi  «>f  onr  vessiOt,  were  proeiieded  ajjjainsi  at  Haliliix  and  all  coi.tiseated 
except  one.  Durinn  the  fiist  year  of  the  next  administration,  and  while  VVelmter 
was  Secretary  oi  State,  si'ven  were  seized  and  proceeded  jiiiainst,  only  two  of  which 
were  restoiid.  Thew  prosecntitnis  weie  nndei  this  statnieof  iKWi.  It  is  not  certiin 
that  Mr.  Forsyth  kiiew  of  iis  existiMice  nntil  near  the  <'l<me  of  his  term  of  otlice, 
wln'ii  he  made  an  earm-st  remonsi  ranee  against  it.  The  records  also  fail  to  show  that 
Webster  in  any  way  took  notice  of  it  ;  nitln>n;ih  after  NVrhster  retired  fri>m  the  Cah- 
inet,  Mr.  Kvereii.  while  minister  at  London,  nndcr  instinctions  tVom  Mr.  I'pshnr. 
then  8«'crerar\  of  State,  reiterafet),  the  complaints  of  Mr.  Korsyth.  When  Wehfif'-r 
n^ain  hecame  Si-i'retary  of  State,  and  not  loii^i  before  he  died,  lie  made  the  faiiKMis 
speech  at  .Nlarshtield.  in  which  h<-said: 

"  It  in  intt  to  be  exi»ecled  the  Tnited  .St.ates  would  Hiibinit  their  rijilits  to  be  adjndi- 
»'ated  in  the  petty  tribunals  of  the  provinces,  or  tlmt  we  shall  allow  our  own  vessels 
to  be  sei/id  liy  constables  or  other  pet ty  ofheials,  and  c<Hitlemned  by  the  luunicipal 
<'onrts  of  IJinebec,  Ninvfoiindiand,  New  Biiiiiswiek,  or  l"ana<in." 

Not  w'tli'tandin;^  this,  Iroin  the  time  the  statute  was  enacted  in  A.  I).  Hili  till  the 
present  iiejfotiations,  not  only  was  its  repeal  or  modilication  nut  sciurcd  by  the  l'nit«-d 
States,  and  not  only  contrary  to  the  phrases  of  Webster  <lid  tlie  Fiutetl  ."^tates  submit 
the  rights  of  their  vessels  to  Im'  adjudiialed  in  the  tributuils  of  the  provinces  and  allow 
them  to  be  si'ized  by  provimial  constables  ami  other  provincial  petty  otileers,  but  in 
A.  1).  1S<5.'',  and  afterwards  in  A.  I>.  l"<#ti,  the  dominion,  without  protest  from  us,  re- 
enacted  ami  inteiisiiied  the  law  of  l-:f<l  by  statutes  ever  since  in  foro«<. 

Tlie  dispnfcR  covering  this  tirst  period  frtnn  A.  D.  18:{<>  to  A.  1>.  Hr>4  were  coiidned 
mainly  ti>  four  i|iiestions: 

(1)  Whether  jjreat  IniyH,  like  those  of  Chalenr  and  Kinnly,  were  hays  of  the  Ilritish 
dominions. 

y■^)  \\hctlier — and  thiswaaa  broader  <|nestion,tliouKh  not  perhaps  wholly  distinct — 
Great  Mritnin  c«inld  lawfully  run  aline  from  headland  to  headland,  so  as  to  shut  in  groat 
bends  like  that  of  I'riTice  Edward  Island  and  that  on  the  east  coast  of  ("ape  Hret<)n. 

(U)  Whctlier  the  provincial  olHcers  cmild  drive  out  our  vessels  from  provincial  bays 
an«l  harbors  when,  io  the  judgment  of  the  anthorities,  they  (li«l  not  in  nust  need  shelter 
or  ri'jiairs;  ami  ■ 

(•I)  The  legislation  already  referred  to. 

'I'lu'se  qncHtions  were  imt  in  all  respeetH  analojjous  to  those  which  arose  between 
A.  ]•.  I'^ilJ  and  .\.  I).  l'<70,  and  which  havei  a^ain  arisen  in  the  last  two  years  ;  hut 
wliatever  they  were,  none  of  them  were  settled  and  all  were  postponed,  and  for  the 
tinii^  bein^;  snbmeruetl  in  the  reciprocity  treaty  of  18.'>4.  In  A.  I).  l-iiKi.  at  the  expira- 
tion by  notiee  from  the  U.iited  States  of  the  treaty  of  18.i4,  theilitllculties  touching 
the  flHheries  were  renewed,  and  they  continue<l  tintil  Hiispendecl  by  the  treaty  of 
Wa.sbington  of  Iei71. 

l>nring  thin  {lerioil  t>nbstantially  every  qnention  arose  which  liaa  been  in  dispute 
withiti  the  last  two  years;  yet  not  one  of  them  wiw  peiina'ventlv  settled  by  Congress, 
the  Executive  of  the  United  Statics,  or  by  thn  Treaty  of  Washinjjton.  Tlie  consular 
correspondence  in  the  summer  of  A.  D.  {riTO  shows  that  our  vessels  were  then  for- 


it 

pa 

act 

tei 

•  ill 

'<ief 


n 


THE    FISHKIilES    TREATY. 


13a 


repeated 
rcscri'xMl 
m'l  sci/cd 
w  (HI  tho 

I    HO   1)11111- 

Hiilistaii- 
M  nut  l>« 
avo  Ik'l'U 

ifHti,  a'l'l 
IV  of  tin' 
»i.tixrat<'<l 
VV"l>sU!r 
«»r  wliicli 
t>t  cert  li  11 
I  of  ortW'i', 
hIiow  that 
I  till'  Cali- 
.  rimliiir, 
I  \V.d)8t'r 
lie  I'ailloUH 

\)v  atljndi- 

kVIl    VCSJli'ls 

iiiiiiiu'ipal 

<.\\  till  the 
lie.  VmU'd 

tOH  Hlllllllit 

»aii<l  allow 
.•IS,  Uiit  ill 
■oiii  IIS,  rc- 

:«•  roilHllcil 

the  llrifiMi 

ilintlnct — 
lilt  ill  great 

Hietoll, 

lu.ial  Itnyn 

'e»l  Hhelter 


»>  hftweeii 
years ;  hut 
aiitl  for  the 
the  expira- 
H  (oiichiiiK 
e  tr«aty  of 

11  tlinpute 
f  ("oiinreHM, 
It*  eoiisular 

then  for- 


liiilib-ii  olitiiiiiiiiK  liait  and  all  other  siii>pliefl  in  Canada,  and  were  exeliideil  from  Do- 
niiiiion  ((ortu  except  when  i»uttin>(  in  for  the  purpoNen  expres.'ily  nuiiiod  in  tiie  Conven- 
lioii  of  1818.  Niiine<-oiiH  HeiziireH  were  made  at  that  time,  followed  by  forfeitiircH,  one 
of  wliiidi  wan  the  \v«ll  known  eane  of  the  ./.  If.  yirkerHon,  a  vessel  i»roeeeded  a^^ainst 
at  Halifax  for  pnnhasiii;;  liait,  while  the  L'nited  States  took  no  action  whatever  con- 
oernitit;  her  and  made  no  riclamation,  «o  that  she  liecaiiie  a  total  loss  to  her  uwiiers- 
This  period  ended  in  the  treaty  of  lf^71,  as  did  that  which  closed  in  A.  J).  lHr)4,  with, 
out  the  I'liii'cd  States  securiii;;  favorahle  interpretation  of  any  ii;;ht  in  dispute. 

The  references  to  the  treaties  of  18;')4  and  IrtTl  are  merely  for  the  necessary  purpose 
of  showinj;  their  heariii;;  on  the  jiiescnt  status.  I'liose  iiej^otiaii'Uis  were  on  a  much 
broader  Mcah>,  and  may  lie  said  to  have  involved  larger  (|iu'stiou»  than  those  now 
under  consideration  ;  althoiijjh  everythiii);  which  eiidan^iers  in  lh(>  least  the  liariiioiiy 
of  nations  must  he  regarded  as  tonchini;  the  iiossihiliticsofjricat  consequences.  The 
nation  would  not  brook  that  the  liinh  motives  and  j;re.it  skill  ami  ex|)eiience  of  the 
gentleiiie:i  conccrnc>l  in  the  ''>nnalion  of  those  treaties  slionhl  not  be  at  all  times  <lo- 
<;lared.  The  treaty  of  18')'!  was  a  bcneiiceiit  production  of  btoad  statcsmaiiship,  a 
blcssinj;  to  the  coiintry,  and  its  i;o!>d  results  have  cdine  down  to  this  date  in  the  en- 
largement of  roininei'cial  relations  with  Canada,  which  is  amoiij;  its  Icj^itiniiite  i.sMie, 
and  lia.s  already  loiiji;  survived  its  own  uxistence. 

Tin'  nejiotiaiiiMis  of  1*71,  as  well  as  tbe  conscijiient  proceedings  at  (biieva,  were  in 
the  hands  of  jiractitcd  statesmen  aim  juri>t»,  led  by  a  .'>ecretaii  of  blatc  eminent 
alike  for  his  private  and  |»ublie  virtues.  These  citizens  had  been  honored  by  the  peo- 
ple with  many  trusts:  but  for  tbeii  diploin.itie  jict  innplishinents  at  \Vasbiii;;toii  aid 
the  verilit:t  at  "'iieva  they  will  also  be  honired  by  histo'-y.  While  the  purely  acci- 
dental result  of  the  Halilax  commissiim  must,  iii  coiiiparisiui,  be  re^arde<l  as  the 
Nplntterin;;  and  tlicKeiin^  of  ,-i  faiiliing  candle,  the  exact  co.^t  of  which  io  known  but 
will  soon  be  forgotten,  the  moral  spectacles  of  the  grander  arbitration  between  the 
l'nited  i^tates  and  (treat  Mritain.  and  of  the  treaty  whi«  li  led  to  it,  have  niveii  out  a 
liv;ht  whicii  will  shine  on  and  on  for  the  iliuminini;  of  civili/atitni  so  Ion;;  as  the 
l'.n;;lisli  fon;;iie  shall  bt>  sjioken.  Considering  all  the  >^reat  i!itere-,ts  wlinli  those 
iie;;otiators  had  in  hand,  it  was  not  surprisinir  that  it  was  dcinned  by  tht^n  >ul)ieient 
to  jfive  the  fisheries  a  temporary  peace,  which  also  they  had  reason  to  exjii  ct  wmild 
become  permanent.  It  is  in  no  sense,  tlicrdore.  in  a  depreciatory  sjiirit  that  we  refer 
to  these  events;  but  only  because  dry  tint li  rei|iiires  that  their  ineiden»al  eU'ect  on 
the  issues  with  which  we  now  have  to  deal  should  be  clearly  stated.  Tiie  protocol 
of  the  confereiici'  of  the  commissioners  held  May  4,  A.  I).  l^7\,  is  as  follows: 

"The  British  conimi.-sioiicrs  stated  hat  they  were  prepared  to  di.scuss  the  ((nestioii 
of  the  fisherieH,  either  in  detai!  or  generally,  eitherfoenter  into  an  examination  of  the 
respect ive  ri<;hts  ot  the  two  countries  under  the  treaty  of  IrtH  ami  the  jjeiieral  law 
of  nations,  or  to  approach  at  once  the  settlcmeut  of  the  ijuestion  on  a  comprehensive 
basis."  '    :  ?i. 

Our  commisssioners  sel.-cted  the  latter.  The  result  was  no  issues  in  controversy 
eoncerninj;  the  lisheries  were  decided,  and  .ill  were  postponed:  and  a  rule  ot  nt.i;o- 
tiation  was  adopted  for  that  tojiie.  which  has  since,  justly  or  unjustly,  Kivon  ;;reat 
dissatisfaction  to  the  interests  inv<dved. 

It  thus  .ippears  that  this  I'ontroversy  coinmeiiced  more  than  a  lialf  century  since, 
and  durin^  that  period  nothing  has  bei'ii  dt^termined.  After  (luestions  have  continued 
so  loii;j  unsettled  and  have  been  twice  formally  poslpcuH'd,  it  necessaiily  remainsthat 
it  is  dirtb  ulf  for  either  party  to  ^iress  its  full  riijlits  to  a  complete  c«:iclusion  in  all 
particulars.  Traditions  become  ti.\ed  on  one  side  m-  the  otlier,  systems  of  le^jisl.ation 
acenmulate  which  become  inextricably  involved  with  the  ;;eneral  mass,  and  the  co- 
teu;porary  facts  and  unilerstandinRs  are  lost  or  assume  new  pliase.«i.  Claims  made  by 
(ileal  liritain,  or  by  Nova  Scotia  or  Canada  in  her  name,  have  stood  so  lonj;  without 
.•ielinitive  reverml  that  they  ^uined  such  strength  aa  to  bo  in  some  particulars  quite 


140 


THK    riSllKUlES    TREATY. 


jiy.  dirticult  of  (listinliiiiice  as  tlioiigli  i)rij{iniilly  b.isi'tl  mi  noihhI  jtriiu  ipli'.i  and  iioiioit 
riilen  of  coiiNtniction. 

Tliis  \\t\n  the  status  of  flii'st-  <|Mi>sti<ins  when  flu-  )ir's«'iit  iifjiotiatioiis  ci>ii'  I'ui-od; 
jt't't  tbniicr  ailiniiiistnitiiins  liatl  tiol  fail<'<l  to  n'wo  soint*  iiidicatioiiH  of  tlio  Hiiitablu 
inotlioils  of  iiitM'tin^  th«'n).  Fn  the  dispatch  of  Mr.  Seward,  then  Scrrt'tary  of  .Stall', 
to  Mr.  Adams,  tlimi  oar  iniiiisttT  at  Loniloii,  of  April  Id.  A.  I>.  I'^titi,  Mr.  Si'ward  siiy- 
gealtul  a  mixed  commission  for  the  following  |iiir|>iiscs: 

"  (I)  'I"<i  a^jrce  ii|Miii  and  dcliiie  h,\  a  scries  of  lines  the  limits  which  Hhall  m^]tarate 
tho  excbisive  from  the  coninion  rijjht  of  lisliin);  on  the  <'oasts,  and  in  the  ncas  adjacent, 
of  the  Hritisli  Nt»rth  American  colonies,  in  coiifurinily  with  the  first  article  of  the  con- 
vention of  isir*;  ih,.  ^,4id  lines  to  he  re;;Mlarlv  nuniliered,  diil_\  desciihed,  and  also 
clearly  marked  on  charts  {irepartMl  in  duplicate  for  the  piirpoM). 

"  i'i)  To  ajjiee  upon  and  establish  such  rejjnlations  as  in  ly  be  necessary  and  |tro]M'r 
t«»  Hccure  fo  the  tishennen  of  the  I'mit'tl  i^iales  the  privilej;!'  of  enlerin;;  bays  and 
harbors  for  the  purpose  of  shidter  and  of  rejmiriiiji  damii<;eit  therein,  of  purcha.sin^ 
wood  and  of  obtaining;  water,  and  to  .•ij;iee  upon  anil  establish  such  restrict  ions  as 
may  he  necessary  to  prevent  the  abuse  of  the  privile;;e  reserved  by  .saitl  convention 
to  the  tishermeo  of  tho  I'nited  StatiM. 

"(,;{)  To  a^jree  npon  and  recommend  the  ])enalties  to  be  adjiid>;ed.  and  siieh  pm- 
ceedinjrs  and  jurisdiction  as  may  be  necessary  to  secure  a  speedy  trial  and  jm'Ltment 
with  a.s  little  expense  as  possible  for  the  viidators  of  ri^hla  and  the  transgressors  of 
the  limits  and  restrictions  which  may  be  hereby  ;\dopted." 

The  "memorandum"  i>repar"d  by  the  Department  of  State  for  the  iiiformatioii  of 
the  eommissioiiers  who,  on  the  part  of  the  riiited  Slates,  iissis,.Ml  in  nejfoiiatiii;;  the 
treaty  of  Wnshinjjton  of  1S71,  contained  Hiiggestioint  for  ttiljnstimnt  in  the  foUowinjj 
hin>rna>.'e: 

"  (\)  Hy  aureeinji  upon  the  terms  upon  wiiich  the  whole  of  the  rewrved  lishiiiy:- 
gronndH  may  be  thrown  open  to  American  tlHhermen,  which  mi^lit  be  aceompanieil 
with  a  repeal  id'  the  obnoxious  laws  and  the  abrogation  of  the  disputed  reservation 
as  to  ports,  harbors,  etc.;  or,  failinji  that, 

•'(■2)  Ky  ajii.^einj;  upon  the  c«>nstruction  of  tho  disputed  reniineiation,  upon  the 
jirinciples  upon  which  a  line  should  be  rnti  by  a  joint  commisMion  to  exhibit  the  ter- 
ritoiy  from  which  the  American  lishermcn  are  to  he  excluded,  and  bv  rci)calinf{  the 
obnoxious  laws,  anil  a^recin^  upon  the  measures  to  be  taken  for  enforcing  the  colo- 
niul  rightH,  the  penalties  to  be  intlieted  for  a  forfeiture  of  the  same,  and  a  mixed 
tribunal  to  enforce  the  sam--.  It  may  also  be  well  to  consider  whethiM'it  should  l)e 
further  agreed  tlia«  the  lisli  taken  in  the  waters  o]»en  to  both  nations  shall  be  ad- 
mitted tVee  of  duty  into  the  Unitt>d  Slater  and  the  HritiHh  North  American  colonies." 

It  w  ill  be  observed  that  the  Hiiggestions  of  Mr.  Sewaiil  were  siilistantially  repeated 
in  the  instructions  of  A.  I).  Irt<  I,  and  were  al«'.>  eiiibrjued  almost  in  terms  in  the  jiro- 
pf>ital8  aceoui|ianying  the  dispatch  of  Mr.  Itayard  to  .Mr.  Phelps  of  November  15,  188i); 
and  the  treaty  just  nenotiati'd.  it  is  believed,  aeeoniplisheH  all  wliiih  was  couteiii- 
]>lated  by  them. 

The  words  of  delimitation  of  the  uonveiition  of  IHI8  are  tis  followa:  "On  or  within 
3  luarine  miles  of  any  of  the  I'oastt^,  bays,  creeks,  or  harbors  of  Mis  liritaiinic  Maj- 
esty's dominions  in  Americu."  The  prohibition  of  I^IH  covered  in  lirms  nor  only  the 
coasts,  but  also  the  bays  of  the  Uritish  dominion;  so  that  a  fair  construction  of  the 
laiiKuaKe  could  not  be  met  by  running  a  line  which  at  all  points  followed  the  wind- 
ings  of  the  shore.  Such  v.  as  apparently  the  theory  of  Kih^ard  Hates,  the  niu|>ire,  in 
his  opinion  given  in  the  case  of  the  ll'iinlihujloH,  decided  uiider  the  convention  of 
1»5;J,  whendn  he  used  the  following  language:  "The  conclusion  is  therefore  irresist- 
ible that  the  Bay  of  I'lindy  is  not  a  Hritisli  hay  within  the  meaning  of  the  word  as 
usril  in  the  treaties  of  llf.i  and  If-IH."  So  also  Mr.  Kvcivtt  in  his  note  of  May  •.'.'>, 
A.  D.  1M44,  iwid:  "The  vessels  of  tho  Uoited  States  have  a  general  right  to  approach 
all  the  bays  iu  Her  Majesty's  colouial  douiiuious   within  any  distance  uot  less  tlmn^ 


TUK    P^ISMKRIKH    TREATY. 


141 


:i  iiiih"*,"  It  \n  !M>t,  liowoviT,  ti>  111'  iiiiddrHtonil  liy  tliis  sii'.^i;c.stii)ii  that  tlio  "In-ad- 
Iniul"  tlicor.v  i.s  at  all  acM^ciiti'il.  Tliit  jihsiiiihmI  In  run  a  liii<^  Hliiittiii;^  In  all  siniiosi- 
titMof  til"  coast,  witlioiit  ciMisiilcrin;?  wlu'tluT  or  not  |)articularhoadlanil«  marked 
Jnri>iilicti(«iiil  liav.s.  or,  in  otln-r  words,  bays  whirh  wcn'  ]>rupiMly  jiarts  of  rlic  IJiitish 
doniiiiions,  and  it  is  now  iipprovtMl, 

That  thiMo  may  1><'  no  nii.siin(I««r.standin<,',  lot  uh  f»dlo\\  this  diMtinctioii  a  litth-  fiir- 
tlit'r.  The  IViiHh'nuitini  was  seized  in  tin'  Hay  of  Fnndy  in  A.  I>.  is.j;?,  and  that  raiscil 
n  <|neslion  of  the  "  Iciys,"  that  is,  whether  the  whole  of  Fiindy  was  a  part  of  the 
llritisli  iIoininiiinM.  The  ..'-(/hx  whs  seized  at  ne;nl.\  thc^  same  tinn«  in  t\w  yreat  bend 
ofCajie  Hreton.  A?,  t  he  alhilsn  its  on  (ile  fit  llalii'ax  show,  she  was  ea])tiin'd  less  than 
•2  miles  wiiliin  a  line  from  (.'aju'  North  to  Cow  15ay ;  and  that  eaptiiro  niiirUed  the 
"  heiidl.ind"  dispntt^H. 

The  opinion  of  ilie  law  ollii-ers  o(  the  Crown  of  IHll,  in  answer  to  the  seeoiid  and 
ihird  (jneries,  said.  erroni'iiiisl\ ,  of  course,:  "The  term  ■headiiiiiir  is  used  in  .ho 
treaty  to  esprosM  tlio  jiart  of  land  we  have  before  irientioned,  inelndinj;  the  interior 
of  the  buys  and  the  indents  of  the  coast."  It  may  here  be  saiil  that  the  same  opinion 
in  answer  to  iho  fourth  (jiu  ry  denied  the  frtM;  rij!;ht  (if  navijiatinj;  the  tint  of  Canso. 
Mr,  Stephenson,  oiir  minisiiM'  at  Lmidon,  recoj^nized  the  distinction  in  his  note  to 
l^ord  I'alinerston  of  .March  27,  A.  D.  I8;il),  wher«!  he  said  :  "The  provincial  authorities 
4iNHiime  a  ri;iht  to  exclude  the  vessels  of  the  United  States  from  all  their  bays,  includ- 
in;{  those  ot  Fiindy  an<i  Chaleiir.  and  likewise  to  prohibit  their  approach  within  '.\ 
miles  of  a  lino  drawn  Irom  he.idland  to  headland,"  etc.  So  Mr.  Kvereit,  in  his  note 
'o  Karl  Aberdeen  of  May  'iU,  A.  D.  IHU,  admit'ed  that  it  was  "  tne  inti'iit  of  the 
ti'-atN,  as  it  is  in  itself  reasonable,  to  have  rejfard  to  the  «^eneial  lini'  of  the  coast, 
aii<l  to  lonsjder  itsbavs,  iiitks.  and  harbors,  that  is,  the  indentations  usually  so  ac- 
«'oiiiited,  as  inclndi'd  within  tluit  line." 

Now,  the  present  treaiy  aiip.irently  holds  to  the  rule  stated  by  .Mr.  Everett,  except 
that  it  detiues  wlii.i  has  herotwfore  been  uudetined.  This,  of  course,  is  subject  to  the 
qiiiililic.'itimi  that,  exci-pt  in  special  cases,  in  A.  D.  lHl-<  jiiiisdiction  bays  were 
limited  to  those  not  exceeding  i!  miles  iti  width  between  their  headlands,  or  even 
to  uairower  ones;  while  the  present  treaty  has  a<h>pted  the  more  nio<l»^rn  rule  of  the 
10  miles  openinj;  as  a  pr.ictical  and  not  injurious  solati<i/i  of  this  whole  itispiito  con- 
cerning bays  and  headlands. 

Therefore,  under  the  convention  of  lulH  the  (jueHtion  arises  in  every  ca.se:  What  is 
a  jiirisdicfioiKil  bay,  that  is,  a  British  l>ay,  or,  in  other  words,  a  bay  whicdi  was  then 
ii  part  "id"  His  Mritanuic  M.-iJesty's  dominions  In  America?"  This  having  been  ascer- 
tained, another  question  arises,  whether  any  bay  which  was  not  jurisdictional  in 
A.  I-).  IBlS  luw  since  become  so  inclosed  by  the  growth  of  population  that,  on  the 
prini'iph-s  by  which  we  claiiii  as  our  exclusivt*  waters  Clnsapeaki'  and  Delaware 
bays  and  Eong  Islam!  Sound,  wc  may  projierly  cmicede  it  to  ({rcat  liiitain  according 
to  its  existing  circnmstanceH,  as  an  inducement  to  a  suitable  and  just  arrangement 
of  all  (|uestitms  (d"deliinifation?  With  reference  to  this  (jnestion,  and  indeed  with 
reference  to  all  this  bianeh  of  rhe  case,  the  United  States,  with  its  extensive  coasts, 
its  nnmerotis  bays,  its  r.'i|iidly  increasing  population  and  commercial  interests  can 
not  wisely  permit  a  narrow  precedmt. 

The  bay  of  Chaleiir,  the  shores  ot  which  in  A.  D.  l-'l''*  were  uninhabited,  has  by  the 
advance  of  population  become  a  p.art  of  the  adjacent  territory  for  all  jurisdictional 
purposes;  ami  it  has  cia.sed  to  be  of  special  vilne  looiir  ves.st  Isexcejit  fur  shelter  or  sup- 
plies. The  same  observations  apply  with  greater  force  to  the  bay  of  Miramichi.  The 
bays  of  Egmont  and  St  Ann's  are  hanlly  more  than  mere  sinnosities  of  the  coa.st ;  but 
they  and  the  excluded  parts  of  the  Newfoundland  bays  are  of  no  value  to  our  vessels 
for  lishing.  It  is  not  unreasonable  to  grant  the  relea.sc  of  all  of  them,  in  view  of  the 
fact  that  as  to  all  other  waters  we  remove  long  stamling  disputes.  It  is  not  to  be  ovcr- 
Jookod  that  all  these  bays  have  long  been  clainjed  by  Great  Britain  as  of  right. 


*T-r''".  ?-•■""  '■''-'*"*-    '.-*'-"'* 


142 


THE    nslIKKIES    THKATY. 


At  the  iiioiitlH  ofnll  tin-  ttiiyn  ili'simiaici!  in  tlic  ticaty  Ity  M.iiuf,  tin-  foiirth  aitirlo 
niaki-H  N|ii>ciitl  liin'n  ot'ilcliiiiilation.  riurc  .scomih  to  In*  an  iiiiitnvssion  with  humio  thitt 
thH  cxrhiMJon  iM  :i  niih'K  m-awai'il  llirrrt'ioni;  hut  thin  in  plainly  iTi-nnriiim.  Kach  of 
thoK«>  lines  in  run  from  nne  pinvortni  Iii(ht  (<>  another,  e\<'e)it  one  terminus  at  Caj-e 
Suii'ke.  which  in  a  promontory  over  7(10  iccf  in  heij^lit.  The  external  periitlwries  of 
vi8il)ility  of  these  lijjlits  overlap  each  other  v«iry  «*'»nsi(|eral»ly  on  eaeli  of  these  lines, 
HO  that  for  our  v«'ss«>l»  danger  in  in)t  wheri-  liays  have  tteen  Npecilhally  released.  This 
will  he  found  at  the  :<  tidle  limit  from  the  open  Nhofo,  whero  it  always  has  liet-n. 
Theie  is,  however,  eoiit"n>iou  ahont  this,  and  some  dehit  the  treaty  jusl  ne^oiiaietl 
with  tlio  in«vltiil>le  lia/airdH  coiiHeipuMitial  on  tliti  prineiplesof  that  of  HIH.  If  the 
cotninJHHioii  of  delimitation  is  appoinletl  as  the  treaty  provides,  this  commission,  of 
course,  will,  as  Mr.  Seward  and  Mr.  l"i-«h  fore>aw,  diminish  the  dan;L;er  on  the  open 
coaHt,  hy  Kivin^  oiitho  ehart»  wliiidi  it  ]»re|tareH  Itparin^s  of  li^htM  and  other  inark«'<l 
]ioiiits;  so  that  vckm'Is  l»y  the  iiid  ol  these  heariiiv;s  will  In' aide  to  ]irtdect  lI'einselveH 
in  some  de;;re«!.  Neverilu'less.  there  are  the  nii^hts  and  thick  weather.  I>nt  the  cini- 
BeqiienccH  of  tlifso  are  inherent  in  the  priindple.s  of  the  eonventiuii  of  |H|8,  and  will 
he  <1iminishiil  and  not  eiilar;:ed  liy  the  itr.ictical  woikini;s  of  the  present  treaty. 

In  tile  (asi>ol'  the  U  (ixhiiiiititH,  .Mr.  Mates  referred  to  the  treaty  heiwceii  Franco 
and  Great  Itriiaiii  of  IKU),  exulndini;  from  theeomiiion  vitiUt  of  tLshiiix  all  hayi,  the 
numtliH  of  whi(di  did  not  exceed  Ic  mile.-i  in  width,  and  indorsed  this  as  a  proper  li:iiit. 
In  the  treaty  between  Frai)e»<  and  tJreat  Mritain  ol  ls>7  tln<  same  limit  was  adopted; 
and  it  wa.s  approved  liy  the  eommon  Judgment  of  (ileal  nritain,  the  (iermaii  Knipirt*, 
Helninin,  Denmark,  rr:iiice,  and  the  Netherlamls,  in  the  in-aiy  eoneermni;  tin-  Nmih 
S«'a  tisheries,  si-^neil  at  The  Habile  May  li,  A.  l>.  l^—^.  With  the  weijjht  of  inteina- 
ti«inal  con.sen.xus  in  its  favor,  and  lii  view  of  the  interest  of  the  United  States  to  aiil, 
l>rec<«dentN  wliieh  will  enahlu  ii»  to  atVord  proper  protection  to  our  exteiiHivc  coaHts, 
aiid  admitting;  the  necessity  of  tindin;;  some  practical  iiietiiod  of  didimitation.  thin 
rule  seems  on  the  wlndo  convediciit.  wise,  and  not  unjust  .Moreover,  consideriiiL;  the 
iiubility  of  onr  innckorcl  vestwdH,  Miihstantially  all  of  which  use  th(«  piirHn  m'lmi  to  tish 
in  Hhallow  waters  alouj;  the  troast.  and  that  very  few  .\merican  tislierineii,  |)erha|KS 
none,  in  the  purs. lit  of  halihiit  or  cod  ilesire  to  tiMh  there,  it  is  impossitde  to  l>elie\e 
that  thi.s  ruin  Hiirrendcra  aiivthin|r  of  eHKcntial  valiu'  ti;  ns. 

It  isfairtoadflth.it  the  ten-mile  rule  was  appirently  not  «'oi);.;»'nial  to  Canada.  In 
the  p''«>P<'>»i»l'' ""kI"' '"' '>''at  Hiitain  in  t  he  aiitmiin  of  .V.  I),  l-^d'),  .Mr.  Ita.\ard,  after 
recitiii);  oiiliHtaiitially  th<t  HUtf^estioiiM  tniule  hv  Mr.  Heward,  and  ulahoratiufr  them, 
offered  this  rule;  hut  the  .Mar<|UiH  of  S.ilislmiy.  in  his  reply  of  .Mar<  h  'J4,  I""*?,  eoni- 
iiK-nted  that  tliitt"  would  involve  a  .siirreiuler  of  tishiii;;  ri^IitM,  which  ha\  u  aiwayu 
been  rcKanlpd  as  the  Mxclusive  |»roperty  of  Canaila." 

The  s|iec!tic  ilelimitations  at  several  smaller  hays  will,  on  examination,  he  found  to 
he  ill  haniionv  with  l  he  views  of  tin'  I'niteil  .States  a.s  to  the  proper  re»ults  ol  the  ncn- 
oral  rules  of  Hlf".  On  tlie,  wlio|«%  hy  this  part  of  the  treaty  a  Ion;;  and  troiildcscnne 
disput*'  all'or<li4  prmnitic;  of  hciiiK  eudetl  without  cither  party  giving  np  anytiiing  of 
value. 

Next,  the  treaty  toiiclics  the  matterM  which  liave  involved  oiir  liohiiiK  voH.sels  in 
their  most  (mtiouh  troiildeci,  fnHy  coveriiijj  reports  to  cnstoiii-hoiiHeH,  fees,  and  other 
charges,  cases  of  disaster  and  <listress.  ami  incidental  Hiipplies  such  as  merchant  vcs- 
ttels  I'uy.  It  is  of  course  impo.ssilde  to  anticipate  ail  the  t^ncstions  which  may  ari>e 
as  between  coteriiiinoiis  peoplcH,  even  with  the  luost  careful  phraNciWogy  ;  and  there 
are  s<mie  matters  wljieli  can  not  he  conlitud  within  fixed  terms  without  limitiiij;  the 
rights  of  one  jiarty  or  the  other  to  an  extent  to  which  neitlu't  could  he  s-xpected  to 
suhiiiit.  Among  these  is  that  diserctioii  w  hic-li  aaust  be  exercised  on  the  one  side  hy 
the  "skipper"  who  inns  in  for  shelter  in  diciiling  whether  or  not  it  is  prinlent  to  juit 
to  wa,  and  on  the  other  side  hy  the  revenue  authorities  in  tletermining  whether  or 
not  the  veas«d  is  hovering  or  loitering  nnlawfiiily  within  the  waters  of  Canada.  Biivh 
uiatteiK  must  in  the  main  be  disposed  of  s^iti-.autorily  by  the  practical  operation  of 


V.  hat 
atel\ 
Th 
varii 
Thes: 
iujii 
ordi 


■ 


TIIK    FISIIKKIKS    TKKATY. 


143 


>vhiit  Ih  i^x|>r<"4s*<<t  mill  hy  tlio  limitiituiti  iinpoHcd  in  tlio  iirHclM  which  will  imini'di- 
■,»l«'ly  I"'  coiisiiltTttl. 

TIk'  trt'iity  iu«xt  Ho^kn  to  all»<viati<  iho  hurdsliips  of  tlio  Ii-^.i!  i»r<ic««Mliii;^s  wiiich 
vitrioiin  HtiitiitcH  of  tltt>  provitK^n  iinil  Mie  Dominion  Imvn  inipostMl  on  foroiKH  v(>NHt>!>t. 
ThcMi' Ntiilnf<<><  cxtt-ndfil  to  tisliinjj  vj-hscIh  systcniH  of  jirKci  ilnn-  wliidi  aro  with  Ichs 
injiistu'<«  ai>pli>'il  to  iMi'i'cliaiil  iiKMi.  'i'hr  ialliM'  rouH-  voliiiilarily  into  port,  and  art) 
ordinarily  fnrnisln'd  ciihtr  wiih  rniiit  or  caKh  tliront^h  fhcir  conHijrni'CH,  onahlin;; 
thiMn  to  protcrt  tlii'Misrivcs  in  r;i««' of"  liii^rjit  ion.  Ki.slii  '4  vt'SHt'lH,  liowcviT,  fspcciaily 
tlnmn  pnltinn  inio  ttr;in;;«'  watcis  niculy  lor  hIm-Ihi,  iiavc  no  ^tnch  aids  and  lioiinontly 
l.avf  with  tlifin  very  !iltl<«  i-asli :  and  iln>  nsnlt  has  hn-n  that  tlm  torn  ih  of  procwtnl- 
i"K'*t  wliii'ii  nii);hl  iioi  lie  i)nrd)-n?4onit'  tor  nn  ri'iiitiitni^n,  have,  with  rffiTcnco  to  lisli- 
inn  vt'HMdM,  oltHlrnctfd  tiui  course  ol' jn.'^tici'.  'l'li:on;,'li  Ihi-  inlfrvcntion  of  coiinMid 
»'niploy«'d  by  th«»  8»'('ro»ury  of  Statt-  for  ol».sorviii)i  tln<  trials  of  thi<  Duvid  J,  AdaiiiH 
anil  thr  /•-'//«  M.  Ihni'ilili/,  there  jiavi'  hccn  n'riMvi'd  prarliral  IcssoiiHir.  tin- dillicnltii'S 
Knrronndin^  lishin^  vrs.sids  nnder  thr  stutntt^ti  and  proc-f(idin]i;s  of  the  c-onrtrt  of  the 
Dominion.  Am  already  cxplami'd,  tht'»i<  hud  Itcen  allowed  to  thrive  ho  lon;j;  without 
any  .siueeNofnl  elVort  on  the  part  of  the  I'nited  iSiates  to  jirevent  their  j^rowth,  that 
they  had  liermne  too  dei-piy  rooted  in  the  'general  mass  of  Canadian  Ie;ii.slation  to- 
jiermit  their  hein;;  t>ntirely  drawn  out.  If  is  believed,  however,  that  so  far  .is  thi.s 
article  may  fail  to  remove  all  these  .JiOienltieH  detail  by  detail,  its  lindtation  of  p-n- 
nlties,  except  for  ille^jal  tishinn  >>r  pnparnlion  therefor,  will  do  very  much  to  prevent 
injiistiee  under  an.N  l'irl'lllu^t»n('eH ;  vliile  iis  to  ve.ssels  [loarliin^,  it  is  lor  the  interest 
of  eueh  (Jovernnient  that  they  shall  b«  restrnined  by  seveni  |inni.shmfMits. 

To  follow  out  till-  matter  mori-  in  de'ail:  A  fishinj;  ve.ssel  is  seized  in  tlni  Bay  of 
St.  Ann's,  or  up  in  tin  fiulf  of  St.  Lawrenee.  Under  existing;  statutes,  tir.st  of  all, 
ami  before  she  can  claim  a  trial  or  take  teHtimony  or  other  atops  towards  atrial, 
she  is  re(|uired  to  furnish  security  lor  costs  not  i'xct'eilinjj  ^'ilO.  The  j>t:ictical  expe- 
rience is  that  lishiiijj;  \es«el»  taken  into  slraiiKc  ports  are  rarely  proviiled  with  funds 
or  creilit,  ami  therefore  they  are  compelled  to  connniinicate  with  their  owners  for  us- 
Histance,  and  by  reason  of  the  conseiim'Ut  delay  are  umible  to  take  even  the  prelimi- 
nary rtteps  belbre  the  sharesnuMi  scatter  ami  the  witnesses  are  lo.st;  be«iinse  slianjs- 
nien,  not  bein);  ordinarily  on  wa^jes,  can  not  be  held  to  a  vessel  moored  to  u  pier. 
Tiiis  provision  *d'  the  Canadian  law  is  not  singular;  in  our  own  admiralty  courts  no 
person  ran  ordinarly  claim  a  li.shin;^  vessel,  <tr  whatever  vesstd  she  may  be,  without 
fiiruishiu);  like  security.  I'mler  the  treaty  this  disappears;  anil  iu  prai.-tictt  this  re- 
lief will  b(f  foiiml  to  be  of  ^ri-at  benefit  to  our  lisherifien. 

Next,  the  courts  into  which  all  the  cases  of  these  liKliin<r  vessels  have  Ik-cu  brouu;ht 
are  not  provinciikl,  but  are  Imperial  \  ice-admiralty  courts,  established  and  governed 
by  the  uniform  rules  of  the  Imperial  statute,  altlumjjh  presided  ifver  by  u  local  Judjjje 
dosi^nated  fur  that  purpose.  Asa  conse(|uence,  .-ill  the  jiarapliernalia  and  feesof  Im- 
jicrial  courts  are  met,  and  the  pro^jress  of  the  trial  requires  the  early  disburstiint  ill  of 
lari^e  sums  of  money  common  in  all  of  them,  but  unknown  iu  our  own  and  in  the  pro- 
vincial courts.  These  are  necessarily  so  lar;;<«  that  our  consular  correspoiideiiee  shows 
the  burden  of  securin<:  the  <uists  and  advancing  fees  was  almie  siillicienl  iu  some  in- 
stances to  compel  owners  to  abamlon  the  «lefoiise  of  ves.sels  of  moderate  value.  The 
8tatut«'s  to  which  we  have  already  referred,  moreover,  stipiilatetl  that  no  \ess'.d  should 
he  released  on  bail  without  the  consent  of  tlie  sei/iiifx  ollicer;  and,  altlnuijili  it  must 
be  admitted  that  in  practice  this  has  not  yet  been  found  to  create  dtliciilty,  it  i» 
annulled  by  the  treaty.  While  it  is  impossible  to  anticipate  or  prevent  all  caiist-s  of 
lejjal  delays  and  expenditures,  yet  there  is  no  reasonable  jiroiind  for  ileiiyiiiij;  that 
this  thirteenth  article  will  essentially  nmderate  these  enumerated  rij^ois. 

The  punishment  for  illejjally  lishiiijj  iu  the  prohibited  w;  is  has  always  been  for- 
feiture of  the  veH.sel  and  the  car>;o  aboard  at  thi»  tin;e  of  .seizure.  It  was  not  possible, 
nor  was  it  for  the  interests  of  either  country,  to  deuuiud  that  the  penalty  im|>os)d  ou 
actual   poachers  should  not  bo  severe ;  but  this  article  provides  that  only  the  car«jo. 


141 


TIIK    FISIIKRIKS    TUKATY. 


Abimnl  at  Hi«'  tlino  of  tlu»  (itVn!ii«t«  vnn  he>  furfoitoil,  uiul  th»  prnviiiciAN  ci»n  not  U«  linck 
until  n  v«M».t'l  Iiuk  tukfii  n  full  cjiitf",  iiml  tlion  h\v««i'|»  In  tln>  rnniiiijjs  of  tlio  cniirH 
trip  luran  otlcnstM-oinniittcil  p«<iliitps  :it  iln  iinTpf  imi,  Moirovcr,  the  iirtidi'  provi<lt>s 
till'  pcn:ilt\  nIiiiII  not  lio  ciifoniMl  until  rcvicwi'd  liy  tin-  >{iiV(riH>r->{cni>iiil  in  ttniiiril, 
pivinjj  Hpn<'<'  for  tlu'  puNNiii);  iiwny  of  toniporary  I'Xritoniont  iinil  f(»r  ii  cftlin  i-onMiilcr- 
ntion  of  III!  tniti^'ntin^  i  ircnnintiuiccs.  AIho,  fioni  tln>  piiMHii;{t«  of  ilm  .st  .;nti'  til'  l"'ll> 
tin-  p4Miiilt,v  t\n  illi'giill\  "pit'piiiin^  to  lisli  "  lias  ht-rn  forl'rii urt<.  Tliift  Iihn  at  tiini-r« 
been  cnnHtrucil  to  i^xtoml  not  only  to  propariiiK  to  lUh  illoually,  lint  iiUo  to  a  prepa- 
ration witliin  tin'  Hoinininn  wati-iH  fur  llsliint;  clMfwIitTo.  Tin' ./.  //.  Sirkrrmin,  aln-ail.v 
rrf<rr«'il  to,  wnn  lort«'iti'<l  in  A.  i).  IfTo  on  this  iirinnpli-,  witliont  any  spceilic  prutvHt 
from  thc>  CnittMl  StiitHH  or  any  HnlmcipitMit  reclatnutlon. 

If  tli«'  iiliMiipottMitiariff*  hail  linMi  winking  n<>w  (friMitnl,  in  vit-w  of  thi'  inili-tlniti'- 
ui'Hf  ot  tho  wonlM  anil  of  llu<  fait  tliat  lurparation  is  onlinarily  accupfeil  an  of  lower 
gru«U>  than  aetntil  n«*i-onipliNluiii<nt,  it  may  lio  Unit  tlio  poinilty  of  forfi-iturtnimler 
any  rircnmsiani  fc  for  thin  oIIimiho  wmilil  havo  lin-n  himti'ikIiMimI  ;  l<nt  a  statute 
wli'i'h  lias  .Htooil  for  nearly  fM-venly  years  without  HnrieH«fiiI  ohjevtion  ean  not  easily 
be  wholly  overthrown,  'rho  treaty,  however,  clearly  eliininateH  every  prineijile  on 
wliiih  were  liaseii  the  foifeitnre  of  the./.  //.  A'i<'Apr/»f»»  anil  the  jtroreeilin^s  ajjain.sl 
the  l(?<im»i  Mini  the  Ihnighlii .  ami  alM>,  fakiiiij  into  consiilerition  the  other  i-lements 
already  referreil  to,  it  makes  rurfeitine  the  exinine  jieiialty.  Imt  direets  that  the 
punislinn-nt  shall  1h«  tixed  by  the  court  not  oxceedin^  the  inaxiiniiiu,  so  that,  if  cir- 
ciinistaneiN  justify  in  any  i>:ise.  it  may  lie  redm  .d  to  a  minimum.  !ti  Iie:i  of  all  tli<« 
other  penalties  ri-^iii^  to  finfeitiire,  imposed  l>y  the  l>o:.iini<iii  Miatiites  eoneeriiin;;  tliif 
fisheries  for  teehnii-al  olVensos  and  otVeiises  knitwn  and  unknown,  the  maximum  for 
all  siii'h  will  lie  .*;{  for  every  ton  of  the  lioat  or  vessel  I'lincerned.  ITiider  the  pro- 
visions of  this  neat.\  the  AV/d  I/.  />oh;//i/i/,  eaiiyht  in  the  ice,  would  havo  ){one  free, 
ainltbo  IhtfidJ,  Aitamn,  which  ran  across  from  Knatport  into  l)i«l»y  basin  for  bait, 
if  she  had  t"ouiid  herself  snarled  in  the  intricacies  of  foreii;n  statutes  and  le^^al  pro- 
ececiinj:s,  had  the  optimi  to  pay  sj;!  per  ton,  or  less  than  §:iOO— in  other  words,  less  than 
the  amounts  heretofore  ret|uireil  im  aecurity  for  costs  ami  to  pay  expenses  of  defeiiHO 
ill  the  vice-admiralty  court  ami  jio  tree — or  she  coiild  have  detnaniled  a  summary 
ndd  inexpensive  trial  at  the  place  of  detention. 

It  should  he  liorne  in  mind  that  the  statutes  of  Canada  which  we  have  Immmi  dis- 
cus.sin);  are  not  aimed  particularly  at  vessels  of  the  I'nited  States,  but  include  all 
f  irei>;n  fisliin>{  vessels.  While  in  all  respects,  even  with  the  nmdilicatioiis  wlinrli  the 
thirteenth  irticle  imposes  on  them,  they  are  notour  st.-jtut^is,  and  therefore  not  what 
we  would  iiiak(>  them,  yet  several  of  these  niodilications  are  cfuiceHsions  from  prin- 
ciples and  provisions  which  are  t'oiind  in  our  own  statutes,  and  concessions  which  we 
ourMjIvis  woiiltl  not  willingly  make  in  behalf  of  f(ireij;n  vesselh.  On  the  whole,  a 
oareftil  exaiainatiou  of  this  i>ection,  taken  in  the  li;;lit  of  the  ordinary  niethods  of 
criminal  procei'diii«4s  wherever  the  comiiiou  law  I'xists,  will  show  a  present  desire  on 
the  part  «/i'<ireat  Britain  and  Canada  to  remove  just  raiisu  of  olfense,  ai^d  t<i  cultivate 
the  friendship  of  the  United  Station:  and  take  it  by  anil  large,  the  net  result  must  bu 
.•luodiciim  of  those  evils  and  inisforruties,  throiii^h  legal  proceedings,  which  inevit- 
ably await  Strang"  vessels  in  fureign  ports. 

Concerning  the  lifu^enth  article,  further  reference  to  t'.se  protocol  of  May  4,  IHTI.of 
the  joint  commisMinners  who  negotiated  tlH<  treaty  of  Washington  will  show,  as  al- 
ready cxpluiiieil,  that  the  American  ctminiissioners  preferred  as-  ttleinent  of  the  lishery 
questions  "on  a  comprehensive  basis."  After  setting  out  other  propositions,  pro  and 
con,  which  were  not  agreed  to,  the  protocol  iiroceeds  as  follows: 

"The  subject  of  the  lisheries  wjis  further  iliscussed  at  the  «;onfcrences  hehl  on  the 
20th,  2*id,  and  'i.'ith  of  March.  The  -Vnurican  commissioners  stated  that,  if  the  value 
of  the  inshon^  tisheries  could  b«  ascertained,  the  United  States  might  iireter  ro  pnr- 
chase  for  a  sum  of  money  the  right  to  enjoy  in  perpetuity  the  use  of  those  inshore 
flsberiea  iu  couiiuon  with  British  tishermen." 


TIIK    riSIIKinilS    TUKATY. 


145 


Oiir  loiiiinis.sioin'rM  nftfiwiuils  iiiiiiinl  iJil.iMIO.Odll  an  flu-  siiiu  tlicy  wfiti  ini'iiarcil  to 
•((IV'f.  Tlio  HritiNh  coniiniHMiniH'rN  r<>|ili*>il  tliiit  lliif*  oth-r  wiih  inu(l«Miiiiitt\  and  iiiailo 
H(>iin'i)tln'ri)liif(ti<insJo  it.  Siilis«'(|iifiif  ly  oiircojnmiHsioiMiiHpioiiOHccliiHaii  i'i|iiivnlciit 
tor  tli«  iiihliortt  tiHiii-rirH tliivt  coitl,  fait,  and  IimIi  Hlnmld  Ix^  rccipriKally  a<lniitt)'d  tV)')>  nt 
<)nt'«>  and  Innilxr  affir  tlio  Ist  id'  .Inly,  A.  D.  1^7•l.  <»n  llir  17lli  ol'Ainil  tlio  JJntiHli 
coinndHMiiiniTN  n-pliod  lliat  tln>y  rfj,;nrd»d  tlii«  latter  otler  aH  iniidcquatt*.  'riien-njion 
onr  <'oininis«(i(in«TH  \viflidn"v  it,  and  tlir  <i(nivalt'nf.s  wcru  (iiially  ncjjotiuted,  us  tounil 
in  tin'  (ri>aty. 

In  t'tannnK  tlu>  pri'MLMit  coiiAciition  tluH  princiidn  of  nt'^otiatiun  m'cniH  to  have  lieiMi 
ludd  l>y  tin'  I'nitfd  Stati-H  tH)t  adiniMHililc,  l)nt  it  <in>jlit  not  ho  dt-nied,  if  to  imrrhiiso 
l>ait  and  in  ollu-r  wnys  inako  tin'  ulnirfH  ;d' Canada  and  Nt-wtonndland  tlm  iiano  of  onr 
tlHliin^  opt'rationN  have  u  p<>cniiinry  or  property  vuhio  to  tli»  United  StnteH,  an  oqulv- 
ali'iit  tlMTi'for  innyJnNtly  lio  dcnnindcd  hyOn-at  Hritain.  In  any  harjjiiininj;  for  tli« 
Name,  liowcvcr,  all  tln>  ])arti*-N  conicrntMl  Hhonid  ntand  free  and  on  «M|inil  footing. 
Oroat  Hritain  in  thin  artitde  fretdy  Htate8  what  nlu)  is  willing  to  ncccpt,  and  if  the  (;on» 
vtiition  \h  latilifd,  CongroHH  nniy  frei  ly  adopt  itn  torins  if  it  deunm  it  for  the  interest 
of  the  country  «<>  to  do. 

The  objeetions  tluit^the  treaty  doeH  not  secure  privilefjeH  for  bait,  Hhippin<;  men  and 
transshipping  tisb  are  not  considered  lure,  as  they  have  been  fnlly  discnsscd  elsewhere. 
Also  discnssion  of  the  other  ill-fonnded  tdijection  tliat  the  treaty  gives  ns  nothing 
Worth  pnrchasing  is  omitted,  beeaiise  it  makes  no  attem])t  to  purchase  anything.  It 
gives  no  consideration  whatever  for  the  benelits  whi<'h  we  receive  under  it. 

Mutdi  has  been  mikI  by  the  opjioiientH  of  the  treaty  <'oncerning  the  reciprocal  ar- 
rangement of  \.  1).  lH{iO;  and  indeed  some  of  Ihcm  appari'Utly  suppose  a  treaty  with 
(ircat  Hritain  was  then  made.  The  most  convenient  way  of  nnderMtamling  that  ar- 
rangement is  to  turn  to  .lackwin's  proclamatifui  of  May  iJIt,  A.  I>.  IKJO,  by  which  it 
w:is  brought  to  its  completion;  and  its  entire  practical  ilVect  is  niude  clear  tVoin  the 
circular  of  the  .Secretary  of  tlie  Treasury  to  the  cedlectors  of  custoius  of  October  G,  A.D. 
IH:{{»,  and  by  tln^  cn-dcr  in  c(nincil  of  November  .">  of  the  sauie  year. 

AX'hile  this  nuirked  u  long  stt  p  ttirwar<l  in  reciprocal  arningcments  with  the  neigh- 
boring provinces,  so  that  it  afiorded  the  .Secretary  of  .State,  Mr.  Hayard,  very  just  and 
jicrsnasive  argnnu'iits  in  favor  of  the  most  liberal  treatment  by  Canada  of  onr  iishiug 
vessels,  yet  its  very  letter,  us  well  as  its  spirit,  related  exclusively  to  vessels  engaged 
in  commerce  and  to  merchandise  curried  from  tho  ports  of  one  country  to  the  ports 
of  another.  Not  only  did  it  not  contemplate  the  jturchase  of  tisliing  sujjplies  to  bo 
used  on  the  ocean  and  other  facilities  for  tislpiig  vessels,  but  its  phraseology  clearly 
excluded  any  su<h  purjiose.  Are  we  any  more  entitled  to  demand  under  it  as  a  righi 
recijtrocity  in  matters  of  this  sort  than  (Jreat  Hritain  or  Qmada  can  deimind  under  it 
reci|>rocity  in  the  coast inj-^  trade  or  in  tlie  registering  of  vessels?  And  is  there  any- 
thing either  in  this  reciprocal  arrangement  or  in  any  other  between  the  United 
8tateH  and  (ireat  Hritain  or  Canada  which  renders  the  refusal  to  our  lishermen  of 
the  special  benelits  of  the  near  locality  of  Nova  .Scotia  to  the  fishing  grounds  more 
unfriendly,  in  that  sense  which  Justifies  retaliation,  than  onr  refusal  to  permit  Brit- 
ish, including  Canadian,  vessels  to  enter  our  coasting  trade,  while  ours  freely  engage 
in  the  larger  coasting  trade  <if  tho  Hritish  Kmpire;  or  than  the  refusal  topennit  the 
sale  by  the  Hritish,  including  the  Canadians,  of  their  vessels  to  our  citizens  with  reg- 
istration, while  we  may  freely  sell  and  register  onr  vessels  in  any  part  of  the  Hritish. 
possesiions?  There  is  a  wide  gulf  between  this  class  of  privileges  which  nations 
grant  or  refuse  in  accordance  w  ith  their  own  broad  or  narrow  views  of  their  own  in- 
terests and  that  class  which  att'ects  the  comfort  of  strangers  and  their  property  in 
foreign  ports.     All  tue  latt'T  the  treaty  just  negotiated  secures  and  perpetuates. 

In  the  ortlcial  pam)>hlet  of  the  National  Fishery  Association  of  March  1,  leHH,  there 
is  given  on  the  twelfth  page  the  following  alternative  for  this  treaty: 

"It  may  be  asked  how  shall  we  deal  with  this  matter?  What  can  be  done  to  set- 
tle tlm  ttshery  iiuestion  between  the  Hriti.sh  North  Aiuericau  provinces  and  the  United 
S.  Mis.  109 10 


14G 


THE    KISIIEHIKM    TKKATV. 


Stall's  f  Tli'iH  ciiii  Jm«  jlom-,  jiiitl  it  liim  tl«^  Mniu-tioii  nf  Mm  Forty -hi  iifli  Cinim^iw. 
Wi|>ooiit  nil  lf<.;iHlHtiv<>  <-oiiiiii<  ifinl  Hrriiii);**>ii<'>itNiti)il  li^t  iih  ){o  lotck  wliore  wo  v.i<n*, 
HO  I'ltr  iiH  t'oiiiiiKTciul  intorroiirMu  wim  tlio  HritiHli  iiroviiicn.H  ix  coiiotirtuMl,  wli»ii  Mm 
tn'iity  "f  I^IH  wuH  inadv.  In  otlifr  woniM,  dfilarc  ii(iiiint«'iToiirw> !  I'tit  Canadit  in 
tlio  Haiii«>  relation  to  the  riiili'd  tStat»>H  aH  n1i»>  wiih  sovciity  yj'arn  aj(oI  'I'lii-ii  our  (IhIi- 
••rmi'U  wonUI  hav«i  the  Haiim  ri^lit^  tlioy  hi:'«  u«iw  iiiidor  tli«  trnaty  of  IHIH,  and  wo 
Nhoiild  thoii  )m>  ill  a  poNitioii  to  nay  to  li<<r :  'Arc  you  willing  this  hIioii1<|  (■<»iitiini  ',  oi 
do  you  (trt'lVr  to  dtal  with  un  on  a  fair  hasiNaud  ^ivi'  to  all  our  \«<hmc>In,  an  wu  aro 
willing;  to  ii\vt>  to  yourH,  full  coiuniorcinl  ri^htH  in  yiuir  portNf '" 

It  Ih  not  propoHcd  horn  to  dwtdl  ou  tliix  alt<>rualive  nor  to  dimMHs  tho  propriety  of 
the  nyHUuiption  of  a  ropn-M^ntativc  cliarac-tfr  liy  tho  National  l'iMh)>ry  AHMociatiou. 
Hut  in  tlio  (•vent  tin-  treaty  is  n-jrctcd,  if  tht<  President  heeds  this  demand,  as  iierhnps 
•inder  the  law  ho  may,  neither  the  liNHoeiation,  nor  whonisoover  it  representM,  if  any- 
1  o«ly,  nor,  nnuo  particularly,  that  jiart  of  the  eoinuiiinity  which  now  fniln  to  riw  up 
MgaiiiHt  its  pr<-teiiHions,  ^-an, justly  eoniplain. 

Tlio  lishiiif;  intereittN  of  Now  Kn^land  weleonied  with  t;roat  ex|»oii!ationH  tho  expi- 
ration of  f)(e  treaty  of  H71.  which  «'anie  ahoiit  iu.Iune,  A.  I>.  Ihh.'i;  lnit  tim  result 
has  nhowii  how  litth>  tho  prosperity  of  these  interests  can  ndy  on  piditical  <<ventM. 
The  HeaMuna  of  lh8»>  and  IHHT,  so  far  ««  thn  niookerel  catch  was  concoined,  were  disas- 
trous through  natural  causes,  hotli  for  our  own  tieets  and  for  those  of  Nova  Scotia, 
though  less  for  the  latter  than  for  the  former.  Alth(»u;ili  the  catch  lor  these  two 
Heasons  was  only  one-thinl  of  tb«  catch  for  18(^2  and  \''K\,  yet  tho  pricoa  inadu  no  cor- 
rcHptuidin^  advance  ;  so  tliat  the  nioney  a^tfJo^ato  for  tho  two  latterseasons,  includ- 
ing nil  grailesof  mackerel,  ceiild  not  hikve  heen  much  in  e^tcess  of  ono-tliird  of  that 
for  the  two  earlier  wasons  named.  With  referenco  tocod  an.l  other  };rouiid  Ibli,  thero 
waM  a  considerable  diminution  in  the  catch  for  tho  sej^Hons  of  l**^!;  and  1H><7,  with  an 
extremidy  low  market  in  H-Mi  and  a  somewhat  iinprove<l  market  in  1H'*'7,  tho  net  money 
yield  for  each  bein^  comparatively  small.  In  neither  branch  of  tho  tishorics,  how- 
ever, were  these  ovila  cansi'd  l>y  Canadian  complications.  Thia  is  well  understood 
with  reference  to  mackerel,  ami  becomes  entirely  jdain  as  to  cod  when  the  fact  is  con- 
Ki«loreil  that  in  A.  1).  1Hj-:1,  A.  I).  1-Ml,  and  A.  I).  l-'-C),  the  catch  on  the  New  KiiKland 
shores  and  (Jeorjje's  Bankn  exc'cdod  that  on  tho  (irandand  Western  Hanks,  while  the 
rcverst'  occurred  in  A.  1>.  l-^^Ci  and  A.  D.  1H<7.  Heforo  the  .Senate  Committoo  on  For- 
eign Keiations  in  A.  D.  If^Ni,  Sylvester  C»nnin>;ham,  of  (ilonc;;ster,  testiti(>d  that — 

"The  price  of  tiah  is  so  low  now  that,  if  wo  shAiild  allow  Canadian  lish  to  como  in 
free,  our  vessels  would  not  t*ail.     Tho  jtrice  is  very  low." 

Mr,  ().  H.  Whitten,  vice-president  of  tho  Fishery  Union,  also  teatiticd  before  tho 
(•ame  committee,  October  0,  l8S<j,  as  follows: 

"t^.  Have  yiu  ev<T  noticed  that  the  duty  has  increased  «>r  that  the  iibseiice  ()f  duty 
baa  decreased  tho  price  of  lish  t«>  the  consumer  diirii  .^  the  last  lift  ecu  years  f 

"A.  I  d«»  not  know  that  tho  duty  ha.s  anythiiiK  lo  do  with  it  whatever.  In  fad,  it 
in  glrangi'  that  gull  Jinli  wvretirver  no  loir  an  ilu'ijartat  thr  iinnnit  lime,  with  thedalu  on." 

Mr.  L.  li.  (,'ani|ibell,  deputy  comniiHsioner  of  labor  for  the  State  of  Maine,  in  an  in- 
terview with  a  reporter  of  the  Kennebec  Journal,  on  the  17th  day  of  November  last, 
said: 

"Tho  fiKhermen  are  in  a  worse  condition  to-day  than  they  have  been  for  a  number 
of  years,  tor  .'he  reanon  that  they  had  two  bad  si-iwims  in  succesHion." 

Indeed,  the  depresatnl  cojidition  of  the  lisheriea  for  tho  last  two  years  i.s  too  noto- 
rioiiH  to  need  evidencing;;,  ihou;;h  tho  al»ove  explanation  of  its  causes  seem  necessary. 

In  this  Hfate  of  tinancial  losses  and  anxiety  tho  tisliin<;  interests  are,  of  course,  not 
prone  to  welcome  anythiuj;  which  will  not,  in  their  opinion,  give  them  immediate 
liuancial  relief;  yet  the  writer  Ni>eaks  from  a  considerable  personal  knowledj;e  when 
he  says  that  whomsoever  may  have  part  in  advancing  the  wholesome  and  benelicent 
treaty  just  ne^jotiated  can  without  trepidatit'i  trust  himself  in  tho  hands  of  the  Ush- 


erinen 
<if  tho 
It  i» 
erel  ci 
hiiinoi 
pnst  I 

Toil 


THK   FI«HKKI£8   TKiiATy. 


UV 


«run-u  of  Miilnfl,  t1l#t1|fM>  ftctiiftlly  iimii  our  fleflfc,  nnil  to  the  Hobet  seconil-tlioiight 

of  thoHO  who  own  tin  VMMla. 

It  in  to  li«  |io|H><l  tlin  present  wmson  will  bo  ono  of  proHpcrity  for  the  cotl  luxl  nmck- 

tircl  ctttcb«rM  on  each  Hido  of  tlm  lino.    (»iir  liHln'mion  net'il  it  Hon>ly ;  nn.l  tlio  i^nod 

humor  which  would  llow  tlK-rj-froni  would  quickly  Hood  out  the  rocoUections  of  tho 

pKttt  ill-will  und  lt8  couHequent  :niHchii>fH. 

VVrLUAM  L.  Pl'tnam. 
roiiTl-ANO,  Me.,  iljjrii  16,  1888. 


! 


